Goto Section: 79.107 | 79.109 | Table of Contents
FCC 79.108
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 79.108 Video programming guides and menus provided by navigation devices.
(a)(1) Manufacturers that place navigation devices, as defined by § 76.1200
of this chapter, into the chain of commerce for purchase by consumers, and
multichannel video programming distributors (“MVPDs”) as defined by § 76.1200
of this chapter that lease or sell such devices must ensure that the
on-screen text menus and guides provided by navigation devices for the
display or selection of multichannel video programming are audibly
accessible in real time upon request by individuals who are blind or
visually impaired. Manufacturers and MVPDs must comply with the provisions
of this section only if doing so is achievable as defined in § 79.108(c)(2).
Note 1 to paragraph (a)(1): This paragraph places no restrictions on the
importing, shipping, or sale of navigation devices manufactured before the
applicable compliance deadline for this section.
Note 2 to paragraph (a)(1): In determining whether a particular device is
considered a “navigation device” subject to the requirements of this
section, the Commission will look to the device's built-in functionality at
the time of manufacture.
(2) The following functions are used for the display or selection of
multichannel video programming and must be made audibly accessible by
manufacturers of navigation devices and MVPDs covered by this section when
included in a navigation device and accessed through on-screen text menus or
guides:
(i) Channel/Program Selection. Function that allows the user to select
channels and programs (e.g., via physical numeric or channel up/channel down
buttons or via on screen guides and menus).
(ii) Display Channel/Program Information. Function that allows the user to
display channel or program information.
(iii) Configuration—Setup. Function that allows the user to access and
change configuration or setup options (e.g., configuration of video display
and audio settings, selection of preferred language for onscreen guides or
menus, etc.).
(iv) Configuration—CC Control. Function that allows the user to enable or
disable the display of closed captioning.
(v) Configuration—CC Options. Function that allows the user to modify the
display of closed caption data (e.g., configuration of the font size, font
color, background color, opacity, etc.).
(vi) Configuration—Video Description Control. Function that allows the user
to enable or disable the output of video description (i.e., allows the user
to change from the main audio to the secondary audio stream that contains
video description, and from the secondary audio stream back to the main
audio).
(vii) Display Configuration Info. Function that allows the user to display
how user preferences are currently configured.
(viii) Playback Functions. Function that allows the user to control playback
functions (e.g., pause, play, rewind, fast forward, stop, and record).
(ix) Input Selection. Function that allows the user to select their
preferred input source.
(3) Manufacturers of navigation devices and MVPDs covered by this section
must ensure that the following functions are made accessible, as defined by
§ 79.107(a)(3), to individuals who are blind or visually impaired:
(i) Power On/Off. Function that allows the user to turn the device on or
off.
(ii) Volume Adjust and Mute. Function that allows the user to adjust the
volume and to mute or un-mute the volume.
(4) With respect to navigation device features and functions:
(i) Delivered in software, the requirements set forth in this section shall
apply to the manufacturer of such software; and
(ii) Delivered in hardware, the requirements set forth in this section shall
apply to the manufacturer of such hardware.
(5) Manufacturers of navigation devices and MVPDs covered by this section
must permit a requesting blind or visually impaired individual to request an
accessible navigation device through any means that such covered entities
generally use to make available navigation devices to other consumers. Any
such means must not be more burdensome to a requesting blind or visually
impaired individual than the means required for other consumers to obtain
navigation devices. A manufacturer that provides navigation devices at
retail to requesting blind or visually impaired consumers must make a good
faith effort to have retailers make available compliant navigation devices
to the same extent they make available navigation devices to other consumers
generally.
(6) Manufacturers of navigation devices and MVPDs covered by this section
must provide an accessible navigation device to a requesting blind or
visually impaired individual within a reasonable time, defined as a time
period comparable to the time that such covered entities generally provide
navigation devices to other consumers.
(7) Compliance through the use of separate equipment or software.
Manufacturers of navigation devices and MVPDs covered by this section may
comply with the requirements of paragraphs (a)(1) through (a)(3) of this
section through the use of software, a peripheral device, specialized
consumer premises equipment, a network-based service or other solution, and
shall have maximum flexibility to select the manner of compliance. An entity
that chooses to comply with paragraphs (a)(1) through (a)(3) of this section
through the use of separate equipment or software must:
(i) Ensure that any software, peripheral device, equipment, service or
solution relied upon achieves the accessibility required by this section. If
a navigation device has any functions that are required to be made
accessible pursuant to this section, any separate solution must make all of
those functions accessible or enable the accessibility of those functions.
(ii) Provide any software, peripheral device, equipment, service or solution
in a manner that is not more burdensome to a requesting blind or visually
impaired individual than the manner in which such entity generally provides
navigation devices to other consumers.
(iii) Provide any software, peripheral device, equipment, service or
solution at no additional charge.
(iv) Provide any software, peripheral device, equipment, service or solution
within a reasonable time, defined as a time period comparable to the time
that such entity generally provides navigation devices to other consumers.
(8) Manufacturers of navigation devices and MVPDs covered by this section
shall only be responsible for compliance with the requirements of this
section with respect to navigation devices that such covered entities
provide to a requesting blind or visually impaired individual.
(b) Compliance deadline. Compliance with the requirements of this section is
required no later than December 20, 2016; except that compliance with the
requirements of this section is required no later than December 20, 2018 for
the following covered entities:
(1) MVPD operators with 400,000 or fewer subscribers as of year-end 2012;
and
(2) MVPD systems with 20,000 or fewer subscribers that are not affiliated
with an operator serving more than 10 percent of all MVPD subscribers as of
year-end 2012.
(c)(1) Achievable. MVPDs and manufacturers of navigation device hardware or
software:
(i) May file a petition seeking a determination from the Commission,
pursuant to § 1.41 of this chapter, that compliance with the requirements of
this section is not achievable, which the Commission may grant upon a
finding that such compliance is not achievable, or
(ii) May raise as a defense to a complaint or Commission enforcement action
that a particular navigation device does not comply with the requirements of
this section because compliance was not achievable, and the Commission may
dismiss a complaint or Commission enforcement action upon a finding that
such compliance is not achievable.
(2) The petitioner or respondent must support a petition filed pursuant to
paragraph (c)(1) of this section or a response to a complaint or Commission
enforcement action with sufficient evidence to demonstrate that compliance
with the requirements of this section is not “achievable.” “Achievable”
means with reasonable effort or expense. The Commission will consider the
following factors when determining whether compliance with the requirements
of this section is not “achievable” under the factors set out in 47 U.S.C.
617(g):
(i) The nature and cost of the steps needed to meet the requirements of this
section with respect to the specific equipment or service in question;
(ii) The technical and economic impact on the operation of the manufacturer
or provider and on the operation of the specific equipment or service in
question, including on the development and deployment of new communications
technologies;
(iii) The type of operations of the manufacturer or provider; and
(iv) The extent to which the service provider or manufacturer in question
offers accessible services or equipment containing varying degrees of
functionality and features, and offered at differing price points.
(d) MVPD notices. Covered MVPDs must notify consumers that navigation
devices with the required accessibility features are available to consumers
who are blind or visually impaired upon request as follows:
(1) When providing information about equipment options in response to a
consumer inquiry about service, accessibility, or other issues, MVPDs must
clearly and conspicuously inform consumers about the availability of
accessible navigation devices.
(2) MVPDs must provide notice on their official Web sites about the
availability of accessible navigation devices. MVPDs must prominently
display information about accessible navigation devices and separate
solutions on their Web sites in a way that makes such information available
to all current and potential subscribers. The notice must publicize the
availability of accessible devices and separate solutions and explain the
means for making requests for accessible equipment and the specific person,
office or entity to whom such requests are to be made. All information
required by this section must be provided in a Web site format that is
accessible to people with disabilities.
(e) Verification of eligibility. Entities covered by this section may only
require consumer verification of eligibility as an individual who is blind
or visually impaired to the extent the entity chooses to rely on an
accessibility solution that involves providing the consumer with
sophisticated equipment and/or services at a price that is lower than that
offered to the general public. In this situation, entities covered by this
section must allow a consumer to provide a wide array of documentation to
verify eligibility for the accessibility solution provided. Entities covered
by this section that choose to require verification of eligibility must
comply with the requirements of 47 U.S.C. 338(i)(4)(A) and 47 U.S.C.
631(c)(1) to protect personal information gathered from consumers through
their verification procedures.
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Goto Section: 79.107 | 79.109
Goto Year: 2014 |
2016
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