1、695 Federal Communications Commission 6.3 5.125 Authorized points of commu-nication. Generally, stations in the Experi-mental Radio Service may commu-nicate only with other stations li-censed in the Experimental Radio Service. Nevertheless, upon a satisfac-tory showing that the proposed com-municati
2、ons are essential to the con-duct of the research project, authority may be granted to communicate with stations in other services and U.S. Gov-ernment stations. PART 6ACCESS TO TELE-COMMUNICATIONS SERVICE, TELECOMMUNICATIONS EQUIP-MENT AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH DISABILITIES Su
3、bpart AScopeWho Must Comply With These Rules? Sec. 6.1 Applicability. Subpart BDefinitions 6.3 Definitions. Subpart CObligationsWhat Must Covered Entities Do? 6.5 General obligations. 6.7 Product design, development and eval-uation. 6.9 Information pass through. 6.11 Information, documentation and t
4、rain-ing. Subpart DEnforcement 6.15 Generally. 6.16 Informal or formal complaints. 6.17 Informal complaints; form and content. 6.18 Procedure; designation of agents for service. 6.19 Answers to informal complaints. 6.20 Review and disposition of informal complaints. 6.21 Formal complaints, applicabi
5、lity of 1.720 through 1.736 of this chapter. 6.22 Formal complaints based on unsatisfied informal complaints. 6.23 Actions by the Commission on its own motion. AUTHORITY: 47 U.S.C. 151154, 251, 255, and 303(r). SOURCE: 64 FR 63251, Nov. 19, 1999, unless otherwise noted. Subpart AScopeWho Must Comply
6、 With These Rules? 6.1 Applicability. The rules in this part apply to: (a) Any provider of telecommuni-cations service; (b) Any manufacturer of tele-communications equipment or cus-tomer premises equipment; (c) Any telecommunications carrier; (d) Any provider of interconnected Voice over Internet Pr
7、otocol (VoIP) service, as that term is defined in 9.3 of this chapter; and (e) Any manufacturer of equipment or customer premises equipment that is specially designed to provide inter-connected VoIP service and that is needed for the effective use of an inter-connected VoIP service. 64 FR 63251, Nov
8、. 19, 1999, as amended at 72 FR 43558, Aug. 6, 2007 Subpart BDefinitions 6.3 Definitions. (a) The term accessible shall mean that: (1) Input, control, and mechanical functions shall be locatable, identifi-able, and operable in accordance with each of the following, assessed inde-pendently: (i) Opera
9、ble without vision. Provide at least one mode that does not require user vision. (ii) Operable with low vision and lim-ited 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 litt
10、le or no color perception. Provide at least one mode that does not require user color percep-tion. (iv) Operable without hearing. Pro-vide at least one mode that does not re-quire user auditory perception. (v) Operable with limited manual dexterity. Provide at least one mode that does not require us
11、er 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. VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00705 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX
12、6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-696 47 CFR Ch. I (10110 Edition) 6.3 (vii) Operable with a Prosthetic De-vice. Controls shall be operable with-out requiring body contact or close body proximity. (viii) Operable without
13、 time-depend-ent controls. Provide at least one mode that does not require a response time or allows response time 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
14、 skills. Provide at least one mode that minimizes the cognitive, memory, lan-guage, and learning skills required of the user. (2) All information necessary to oper-ate and use the product, including but not limited to, text, static or dynamic images, icons, labels, sounds, or inci-dental operating c
15、ues, comply with each of the following, assessed inde-pendently: (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 in-formation through at least one mode to users
16、 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 pres-entation mode at the option of the user. (iv) Availability of auditory informa-tion. Provide auditory information through at least one mode in visual fo
17、rm and, where appropriate, in tactile form. (v) Availability of auditory informa-tion 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
18、 (i.e., in-creased 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
19、 a product delivers audio output through an external speaker, provide an industry standard connector for headphones or personal listening de-vices (e.g., phone-like handset or earcup) which cuts off the speaker(s) when used. (viii) Non-interference with hearing technologies. Reduce interference to h
20、earing technologies (including hear-ing aids, cochlear implants, and assist-ive listening devices) to the lowest pos-sible 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
21、a means for effec-tive wireless coupling to hearing aids. (b) The term compatibility shall mean compatible with peripheral devices and specialized customer premises equip-ment commonly used by individuals with disabilities to achieve accessi-bility to telecommunications services, and in compliance w
22、ith 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 elec-tronic text format on a cro
23、ss-industry standard port and all input to and con-trol 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 for-mat. The cross-industry standard port shall not require manipulation of a connector by the
24、 user. (2) Connection point for external audio processing devices. Products pro-viding auditory output shall provide the auditory signal at a standard sig-nal level through an industry standard connector. (3) TTY connectability. Products which provide a function allowing voice communication and whic
25、h 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. Prod-ucts, including those
26、 providing voice communication functionality, shall VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00706 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-697 Feder
27、al Communications Commission 6.5 support use of all cross-manufacturer non-proprietary standard signals used by TTYs. (c) The term customer premises equip-ment shall mean equipment employed on the premises of a person (other than a carrier) to originate, route, or termi-nate telecommunications. For
28、purposes of this part, the term customer prem-ises equipment shall include equipment employed on the premises of a person (other than a carrier) that is specially designed to provide interconnected VoIP service and that is needed for the effective use of an interconnected VoIP service. (d) The term
29、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 impair-ment. (e) The term interconnected VoIP serv-ice shall have the same meaning as in 9.3
30、of this chapter. (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 trans-form telecommunications into a form accessible to
31、individuals with disabil-ities. (h) The term readily achievable shall mean, in general, easily accomplish-able and able to be carried out without much difficulty or expense. In deter-mining whether an action is readily achievable, factors to be considered in-clude: (1) The nature and cost of the act
32、ion needed; (2) The overall financial resources of the manufacturer or service provider involved in the action (the covered en-tity); the number of persons employed by such manufacturer or service pro-vider; the effect on expenses and re-sources, or the impact otherwise of such action upon the opera
33、tions of the manufacturer or service provider; (3) If applicable, the overall financial resources of the parent of the entity; the overall size of the business of the parent entity with respect to the num-ber of its employees; the number, type, and location of its facilities; and (4) If applicable,
34、the type of oper-ation or operations of the covered enti-ty, including the composition, struc-ture and functions of the workforce of such entity; and the geographic sepa-rateness, administrative or fiscal rela-tionship of the covered entity in ques-tion to the parent entity. (i) The term specialized
35、 customer prem-ises equipment shall mean customer premise equipment which is commonly used by individuals with disabilities to achieve access. (j) The term telecommunications equip-ment shall mean equipment, other than customer premises equipment, used by a carrier to provide telecommuni-cations ser
36、vices, and includes software integral to such equipment (including upgrades). For purposes of this part, the term telecommunications equip-ment shall include equipment that is specially designed to provide inter-connected VoIP service and that is needed for the effective use of an inter-connected Vo
37、IP service as that term is defined in 9.3 of this chapter. (k) The term telecommunications service shall mean the offering of tele-communications 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 facili-ties used. F
38、or purposes of this part, the term telecommunications service shall include interconnected VoIP service as that term is defined in 9.3 of this chapter. (l) The term usable shall mean that individuals with disabilities have ac-cess to the full functionality and docu-mentation for the product, includi
39、ng instructions, product information (in-cluding accessible feature informa-tion), documentation, bills and tech-nical support which is provided to indi-viduals without disabilities. 64 FR 63251, Nov. 19, 1999, as amended at 72 FR 43558, Aug. 6, 2007 Subpart CObligationsWhat Must Covered Entities Do
40、? 6.5 General obligations. (a) Obligation of Manufacturers. (1) A manufacturer of telecommunications VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00707 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking
41、 permitted without license from IHS-,-,-698 47 CFR Ch. I (10110 Edition) 6.7 equipment or customer premises equip-ment shall ensure that the equipment is designed, developed and fabricated so that the telecommunications functions of the equipment are accessible to and usable by individuals with disa
42、bilities, if readily achievable. (2) Whenever the requirements of paragraph (a)(1) of this section are not readily achievable, the manufacturer shall ensure that the equipment is compatible with existing peripheral de-vices or specialized customer premises equipment commonly used by individ-uals wit
43、h disabilities to achieve access, if readily achievable. (b) Obligation of Service Providers. (1) A provider of a telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. (2) Whenever the requirements of paragraph (
44、b)(1) of this section are not readily achievable, the service provider shall ensure that the service is compat-ible with existing peripheral devices or specialized customer premises equip-ment commonly used by individuals with disabilities to achieve access, if readily achievable. (c) Obligation of
45、Telecommunications Carriers. Each telecommunications car-rier must not install network features, functions, or capabilities that do not comply with the guidelines and stand-ards established pursuant to this part or part 7 of this chapter. 6.7 Product design, development, and evaluation. (a) Manufact
46、urers and service pro-viders shall evaluate the accessibility, usability, and compatibility of equip-ment and services covered by this part and shall incorporate such evaluation throughout product design, develop-ment, and fabrication, as early and consistently as possible. Manufacturers and service
47、 providers shall identify barriers to accessibility and usability as part of such a product design and de-velopment process. (b) In developing such a process, manufacturers and service providers shall consider the following factors, as the manufacturer deems appropriate: (1) Where market research is
48、 under-taken, including individuals with dis-abilities in target populations of such research; (2) Where product design, testing, pilot demonstrations, and product trials are conducted, including individ-uals with disabilities in such activities; (3) Working cooperatively with ap-propriate disabilit
49、y-related organiza-tions; and (4) Making reasonable efforts to vali-date any unproven access solutions through testing with individuals with disabilities or with appropriate dis-ability-related organizations that have established expertise with individuals with disabilities. 6.9 Information pass through. Telecommunications equipment and customer premises equipment shall pass through cross-manufacturer, non- proprietary, industry-standard codes, transla
