§ 7.3   Definitions.

   (a) The term accessible shall mean that:

   (1)  Input,  control,  and  mechanical  functions  shall be locatable,
   identifiable,  and  operable in accordance with each of the following,
   assessed independently:

   (i) Operable without vision. Provide at least one mode that does not require
   user vision.

   (ii) Operable with low vision and limited or no hearing. Provide at least
   one mode that permits operation by users with visual acuity between 20/70
   and 20/200, without relying on audio output.

   (iii) Operable with little or no color perception. Provide at least one mode
   that does not require user color perception.

   (iv) Operable without hearing. Provide at least one mode that does not
   require user auditory perception.

   (v) Operable with limited manual dexterity. Provide at least one mode that
   does not require user fine motor control or simultaneous actions.

   (vi) Operable with limited reach and strength. Provide at least one mode
   that is operable with user limited reach and strength.

   (vii) Operable with a Prosthetic Device. Controls shall be operable without
   requiring body contact or close body proximity.

   (viii) Operable without time-dependent controls. Provide at least one mode
   that does not require a response time or allows a response to be by-passed
   or adjusted by the user over a wide range.

   (ix)  Operable without speech. Provide at least one mode that does not
   require user speech.

   (x) Operable with limited cognitive skills. Provide at least one mode that
   minimizes the cognitive, memory, language, and learning skills required of
   the user.

   (2) All information necessary to operate and use the product, including but
   not limited to, text, static or dynamic images, icons, labels, sounds, or
   incidental operating cues, comply with each of the following, assessed
   independently:

   (i) Availability of visual information. Provide visual information through
   at least one mode in auditory form.

   (ii) Availability of visual information for low vision users. Provide visual
   information through at least one mode to users with visual acuity between
   20/70 and 20/200 without relying on audio.

   (iii) Access to moving text. Provide moving text in at least one static
   presentation mode at the option of the user.

   (iv) Availability of auditory information. Provide auditory information
   through at least one mode in visual form and, where appropriate, in tactile
   form.

   (v) Availability of auditory information for people who are hard of hearing.
   Provide audio or acoustic information, including any auditory feedback tones
   that are important for the use of the product, through at least one mode in
   enhanced  auditory  fashion  (i.e., increased amplification, increased
   signal-to-noise ratio, or combination).

   (vi) Prevention of visually-induced seizures. Visual displays and indicators
   shall minimize visual flicker that might induce seizures in people with
   photosensitive epilepsy.

   (vii) Availability of audio cutoff. Where a product delivers audio output
   through an external speaker, provide an industry standard connector for
   headphones  or personal listening devices (e.g., phone-like handset or
   earcup) which cuts off the speaker(s) when used.

   (viii) Non-interference with hearing technologies. Reduce interference to
   hearing  technologies  (including hearing aids, cochlear implants, and
   assistive listening devices) to the lowest possible level that allows a user
   to utilize the product.

   (ix) Hearing aid coupling. Where a product delivers output by an audio
   transducer  which  is normally held up to the ear, provide a means for
   effective wireless coupling to hearing aids.

   (b) The term compatibility shall mean compatible with peripheral devices and
   specialized customer premises equipment commonly used by individuals with
   disabilities to achieve accessibility to voicemail and interactive menus,
   and in compliance with the following provisions, as applicable:

   (1) External electronic access to all information and control mechanisms.
   Information needed for the operation of products (including output, alerts,
   icons, on-line help, and documentation) shall be available in a standard
   electronic text format on a cross-industry standard port and all input to
   and control of a product shall allow for real time operation by electronic
   text  input  into  a  cross-industry  standard  external  port  and in
   cross-industry standard format. The cross-industry standard port shall not
   require manipulation of a connector by the user.

   (2)  Connection  point for external audio processing devices. Products
   providing auditory output shall provide the auditory signal at a standard
   signal level through an industry standard connector.

   (3) TTY connectability. Products which provide a function allowing voice
   communication and which do not themselves provide a TTY functionality shall
   provide a standard non-acoustic connection point for TTYs. It shall also be
   possible for the user to easily turn any microphone on and off to allow the
   user to intermix speech with TTY use.

   (4) TTY signal compatibility. Products, including those providing voice
   communication functionality, shall support use of all cross-manufacturer
   non-proprietary standard signals used by TTYs.

   (c) The term customer premises equipment shall mean equipment employed on
   the premises of a person (other than a carrier) to originate, route, or
   terminate telecommunications.

   (d) The term disability shall mean a physical or mental impairment that
   substantially  limits  one  or more of the major life activities of an
   individual; a record of such an impairment; or being regarded as having such
   an impairment.

   (e) The term interactive menu shall mean a feature that allows a service
   provider or operator of CPE to transmit information to a caller in visual
   and/or audible format for the purpose of management, control, or operations
   of a telecommunications system or service; and/or to request information
   from  the  caller  in  visual and/or audible format for the purpose of
   management,  control,  or operations of a telecommunications system or
   service; and/or to receive information from the caller in visual and/or
   audible format in response to a request, for the purpose of management,
   control, or operations of a telecommunications system or service. This
   feature, however, does not include the capability for generating, acquiring,
   storing,  transforming,  processing,  retrieving, utilizing, or making
   available information via telecommunications for any purpose other than
   management,  control,  or operations of a telecommunications system or
   service.

   (f) The term manufacturer shall mean an entity that makes or produces a
   product.

   (g) The term peripheral devices shall mean devices employed in connection
   with equipment covered by this part to translate, enhance, or otherwise
   transform telecommunications into a form accessible to individuals with
   disabilities.

   (h)  The  term  readily  achievable  shall  mean,  in  general, easily
   accomplishable  and  able to be carried out without much difficulty or
   expense. In determining whether an action is readily achievable, factors to
   be considered include:

   (1) The nature and cost of the action needed;

   (2) The overall financial resources of the manufacturer or service provider
   involved in the action (the covered entity); the number of persons employed
   by  such  manufacturer or service provider; the effect on expenses and
   resources, or the impact otherwise of such action upon the operations of the
   manufacturer or service provider;

   (3) If applicable, the overall financial resources of the parent of the
   covered  entity; the overall size of the business of the parent of the
   covered entity with respect to the number of its employees; the number,
   type, and location of its facilities; and

   (4)  If applicable, the type of operation or operations of the covered
   entity, including the composition, structure and functions of the workforce
   of such entity; and the geographic separateness, administrative or fiscal
   relationship of covered entity in question to the parent entity.

   (i) The term specialized customer premises equipment shall mean customer
   premise equipment which is commonly used by individuals with disabilities to
   achieve access.

   (j) The term telecommunications equipment shall mean equipment, other than
   customer premises equipment, used by a carrier to provide telecommunications
   services,  and includes software integral to such equipment (including
   upgrades).

   (k)  The  term  telecommunications  service shall mean the offering of
   telecommunications for a fee directly to the public, or to such classes of
   users as to be effectively available directly to the public, regardless of
   the facilities used.

   (l) The term usable shall mean that individuals with disabilities have
   access  to  the  full functionality and documentation for the product,
   including instructions, product information (including accessible feature
   information), documentation, bills and technical support which is provided
   to individuals without disabilities.

   (m) The term Voicemail shall mean the capability of answering calls and
   recording incoming messages when a line is busy or does not answer within a
   pre-specified amount of time or number of rings; receiving those messages at
   a later time; and may also include the ability to determine the sender and
   time of transmission without hearing the entire message; the ability to
   forward the message to another voice massaging customer, with and/or without
   an appended new message; the ability for the sender to confirm receipt of a
   message; the ability to send, receive, and/or store facsimile messages; and
   possibly other features.

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Subpart C—Obligations—What Must Covered Entities Do?

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