§  1.1803   Definitions.

   For purposes of this part, the term--

   Auxiliary aids means services or devices that enable persons with
   impaired sensory, manual, or speaking skills to have an equal
   opportunity to participate in, and enjoy the benefits of, programs or
   activities conducted by the Commission. For example, auxiliary aids
   useful for persons with impaired vision include readers, Brailled
   materials, audio recordings, and other similar services and devices.
   Auxiliary aids useful for persons with impaired hearing include
   telephone handset amplifiers, telephones compatible with hearing aids,
   telecommunication devices for deaf persons (TTY/TDDs), interpreters,
   Computer-aided realtime transcription (CART), captioning, notetakers,
   written materials, and other similar services and devices.

   Commission means Federal Communications Commission.

   Complete complaint means a written statement, or a complaint in audio,
   Braille, electronic, and/or video format, that contains the
   complainant's name and address and describes the Commission's alleged
   discriminatory action in sufficient detail to inform the Commission of
   the nature and date of the alleged violation of section 504. It shall
   be signed by the complainant or by someone authorized to do so on his
   or her behalf. The signature of the complainant, or signature of
   someone authorized by the complainant to do so on his or her behalf,
   shall be provided on print complaints. Complaints in audio, Braille,
   electronic, and/or video formats shall contain an affirmative identity
   statement of the individual, which for this purpose shall be considered
   to be functionally equivalent to a complainant's signature. Complaints
   filed on behalf of classes or third parties shall describe or identify
   (by name, if possible) the alleged victims of discrimination.

   Facility means all or any portion of buildings, structures, equipment,
   roads, walks, parking lots, or other real or personal property.

   General Counsel means the General Counsel of the Federal Communications
   Commission.

   Individual with a disability means any individual who has a physical or
   mental impairment that substantially limits one or more major life
   activities, has a record of such an impairment, or is regarded as
   having such an impairment. As used in this definition, the phrase:

   (1) Physical or mental impairment includes, but is not limited to--

   (i) Any physiological disorder or condition, cosmetic disfigurement, or
   anatomical loss affecting one or more of the following body systems:
   Neurological; musculoskeletal; special sense organs; respiratory,
   including speech organs; cardiovascular; reproductive; digestive;
   genitourinary; hemic and lymphatic; skin; and endocrine;

   (ii) Any mental or psychological disorder, such as mental retardation,
   organic brain syndrome, emotional or mental illness, and specific
   learning disabilities;

   (iii) Diseases and conditions such as orthopedic, visual, speech, and
   hearing impairments; cerebral palsy; epilepsy; muscular dystrophy;
   multiple sclerosis; cancer; heart disease; diabetes; mental
   retardation; emotional illness; and drug addiction and alcoholism.

   (2) Major life activities include functions such as caring for one's
   self, performing manual tasks, walking, seeing, hearing, speaking,
   breathing, learning, and working.

   (3) Has a record of such an impairment means has a history of, or has
   been misclassified as having, a mental or physical impairment that
   substantially limits one or more major life activities.

   (4) Is regarded as having an impairment means--

   (i) Has a physical or mental impairment that does not substantially
   limit major life activities but is treated by the Commission as
   constituting such a limitation;

   (ii) Has a physical or mental impairment that substantially limits
   major life activities only as a result of the attitudes of others
   toward such impairment; or

   (iii) Has none of the impairments defined in paragraph (1) of this
   definition but is treated by the Commission as having such impairment.

   Managing Director means the individual delegated authority as described
   in 47 CFR 0.11.

   Programs or Activities mean any activity of the Commission permitted or
   required by its enabling statutes, including but not limited to any
   licensing or certification program, proceeding, investigation, hearing,
   meeting, board or committee.

   Qualified individual with a disability means--

   (1) With respect to any Commission program or activity under which an
   individual is required to perform services or to achieve a level of
   accomplishment, an individual with a disability who, with or without
   reasonable modification to rules, policies, or practices or the
   provision of auxiliary aids, meets the essential eligibility
   requirements for participation in the program or activity and can
   achieve the purpose of the program or activity; or

   (2) With respect to any other program or activity, an individual with a
   disability who, with or without reasonable modification to rules,
   policies, or practices or the provision of auxiliary aids, meets the
   essential eligibility requirements for participation in, or receipt of
   benefits from, that program or activity; or

   (3) The definition of that term as defined for purposes of employment
   in 29 CFR 1630.2(m), which is made applicable to this part by
   §  1.1840.

   Section 504 means section 504 of the Rehabilitation Act of 1973, Public
   Law 93-112, 87 Stat. 394, 29 U.S.C. 794, as amended by the
   Rehabilitation Act Amendments of 1974, Public Law 93-516, 88 Stat.
   1617, and the Rehabilitation, Comprehensive Services, and Developmental
   Disabilities Amendments of 1978, Public Law 95-602, 92 Stat. 2955, and
   the Rehabilitation Act Amendments of 1986, sec. 103(d), Public Law
   99-506, 100 Stat. 1810. As used in this part, section 504 applies only
   to programs or activities conducted by Executive agencies and not to
   federally assisted programs.

   Section 504 means section 504 of the Rehabilitation Act of 1973, Public
   Law 93-112, 87 Stat. 394, 29 U.S.C. 794, as amended. As used in this
   part, section 504 applies only to programs or activities conducted by
   Executive agencies and not to federally assisted programs.

   [ 68 FR 22316 , Apr. 28, 2003, as amended at  76 FR 70909 , Nov. 16, 2011]

   return arrow Back to Top