[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Proposed Rules]
[Pages 19178-19197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9707]



[[Page 19177]]

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Part II





Architectural and Transportation Barriers Compliance Board





_______________________________________________________________________



36 CFR Part 1193



Telecommunications Act Accessibility Guidelines; Proposed Rule

Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / 
Proposed Rules

[[Page 19178]]



ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

36 CFR Part 1193

[Docket No. 97-1]
RIN 3014-AA19


Telecommunications Act Accessibility Guidelines

AGENCY: Architectural and Transportation Barriers Compliance Board.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Architectural and Transportation Barriers Compliance Board 
(Access Board) proposes guidelines for accessibility, usability, and 
compatibility of telecommunications equipment and customer premises 
equipment covered by the Telecommunications Act of 1996. The Act 
requires manufacturers of telecommunications equipment and customer 
premises equipment to ensure that the equipment is designed, developed, 
and fabricated to be accessible to and usable by individuals with 
disabilities, if readily achievable. When it is not readily achievable 
to make the equipment accessible, the Act requires manufacturers to 
ensure that the equipment is compatible with existing peripheral 
devices or specialized customer premises equipment commonly used by 
individuals with disabilities to achieve access, if readily achievable. 
The guidelines will assist manufacturers to comply with the Act.

DATES: Comments should be received by June 2, 1997, but late comments 
will be considered to the extent practicable.

ADDRESSES: Comments should be sent to the Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. To facilitate posting comments on the Board's Internet site, 
commenters are requested to submit comments in electronic format, 
preferably as a Word or WordPerfect file, either by e-mail or on disk. 
Comments sent by e-mail will be considered only if they include the 
full name and address of the sender in the text. E-mail comments should 
be sent to <a href="/cdn-cgi/l/email-protection#53373c30383627133230303620207e313c3221377d343c25"><span class="__cf_email__" data-cfemail="95f1faf6fef0e1d5f4f6f6f0e6e6b8f7faf4e7f1bbf2fae3">[email protected]</span></a>. Comments will be available for 
inspection at the above address from 9:00 a.m. to 5:00 p.m. on regular 
business days.

FOR FURTHER INFORMATION CONTACT: Dennis Cannon, Office of Technical and 
Information Services, Architectural and Transportation Barriers 
Compliance Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-
1111. Telephone number (202) 272-5434 extension 35 (voice); (202) 272-
5449 (TTY). Electronic mail address: <a href="/cdn-cgi/l/email-protection#d4b7b5bababbba94b5b7b7b1a7a7f9b6bbb5a6b0fab3bba2"><span class="__cf_email__" data-cfemail="6a090b040405042a0b09090f19194708050b180e440d051c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic Access

    Single copies of this publication may be obtained at no cost by 
calling the Access Board's automated publications order line (202) 272-
5434, by pressing 1 on the telephone keypad, then 1 again, and 
requesting publication S-33 (Telecommunications Act Accessibility 
Guidelines Notice of Proposed Rulemaking). Persons using a TTY should 
call (202) 272-5449. Please record a name, address, telephone number 
and request publication S-33. This document is available in alternate 
formats upon request. Persons who want a copy in an alternate format 
should specify the type of format (cassette tape, Braille, large print, 
or computer disk). This document is also available on the Board's 
Internet site (http://www.access-board.gov/rules/telenprm.htm).
    This proposed rule is based on recommendations of the Board's 
Telecommunications Access Advisory Committee. The report can be 
obtained by contacting the Access Board and requesting publication S-
32. The report is also available on the Board's Internet site (<a href="http://
www.access-board.gov/pubs/taacrpt.htm">http://
www.access-board.gov/pubs/taacrpt.htm</a>).

Background

    On February 8, 1996, the President signed the Telecommunications 
Act of 1996. The Architectural and Transportation Barriers Compliance 
Board (Access Board) is responsible for developing accessibility 
guidelines in conjunction with the Federal Communications Commission 
(FCC) under section 255(e) of the Act for telecommunications equipment 
and customer premises equipment.
    Section 255 provides that a manufacturer of telecommunications 
equipment or customer premises equipment shall ensure that the 
equipment is designed, developed, and fabricated to be accessible to 
and usable by individuals with disabilities, if readily achievable. A 
provider of telecommunications services shall ensure that the service 
is accessible to and usable by individuals with disabilities, if 
readily achievable. Whenever either of these are not readily 
achievable, such a manufacturer or provider shall ensure that the 
equipment or service is compatible with existing peripheral devices or 
specialized customer premises equipment commonly used by individuals 
with disabilities to achieve access, if readily achievable. Section 
255(f) provides that the FCC shall have exclusive jurisdiction in any 
enforcement action under section 255. It also limits an individual's 
private right of action to enforce any requirement of section 255 or 
any regulation issued pursuant to section 255.
    The Telecommunications Act requires the Board's accessibility 
guidelines to be issued by August 8, 1997. The Board is also required 
to review and update the guidelines periodically. The Board's 
guidelines for telecommunications equipment and customer premises 
equipment are required to principally address the access needs of 
individuals with disabilities affecting hearing, vision, movement, 
manipulation, speech, and interpretation of information.
    This proposed rule is based on recommendations of the 
Telecommunications Access Advisory Committee (Committee or TAAC). The 
Committee was convened by the Access Board in June 1996 to assist the 
Board in fulfilling its mandate under section 255.
    On May 24, 1996, the Access Board published a notice appointing 
members to the Committee. 61 FR 26155 (May 24, 1996). Between June 1996 
and January 1997, the Committee held six meetings, each of three 
working days in length, during which members worked to develop 
recommendations for implementing requirements under section 255. In 
selecting members of the Committee, the Access Board sought to ensure 
representation from all parties interested in the promulgation of 
telecommunications accessibility guidelines. The Committee was composed 
of representatives of manufacturers of telecommunications equipment and 
customer premises equipment; manufacturers of specialized customer 
premises equipment and peripheral devices; manufacturers of software; 
organizations representing the access needs of individuals with 
disabilities; telecommunications providers and carriers; and other 
persons affected by the guidelines.
    The following organizations served on the Committee:

American Council of the Blind
American Foundation for the Blind
American Speech-Language Hearing Association

[[Page 19179]]

Arkenstone
AT&T
Cellular Telecommunications Industry Association
Consumer Action Network and the Alexander Graham Bell Association for 
the Deaf
Consumer Electronics Manufacturers Association
Council of Organizational Representatives
Ericsson
Gallaudet University
Inclusive Technologies
Lucent Technologies
Massachusetts Assistive Technology Partnership
Microsoft Corporation
Motorola
National Association of State Relay Administration
National Federation of the Blind
NCR Corporation
Netscape Communications
Northern Telecom
NYNEX Corporation
Pacific Bell
Pennsylvania Citizens Consumer Council
Personal Communications Industry Association
RESNA
Self Help for Hard of Hearing People
Siemens Business Communications
Telecommunications Industry Association
Trace Research and Development Center
United Cerebral Palsy Associations
United States Telephone Association
World Institute on Disability

    Each organization selected a principal member and an alternate. The 
Committee formed several subcommittees and task groups in which 
alternates and nonmembers were invited to participate. As a result, the 
actual group which developed the recommendations was broader than the 
formal membership. The result of the Committee's work was a report 
containing recommendations to the Access Board for implementing section 
255 of the Telecommunications Act.
    This proposed rule is based primarily on the recommendations of 
chapters four ``Process Guidelines'' and five ``Performance 
Guidelines'' of the Committee report. In preparing its recommendations, 
the Committee recognized that evolving telecommunications technologies 
often make it difficult to distinguish whether a product's functions 
and interfaces are the result of the design of the product itself, or 
are the result of a service provider's software or even an information 
service format. The Committee's recommendations also did not 
differentiate between hardware and software implementations of a 
product's functions or features, nor was any distinction made between 
functions and features built into the product and those that may be 
provided from a remote server over the network. In response to a 
request from the Access Board, the FCC issued a Notice of Inquiry (FCC 
96-382, September 17, 1996) to develop a record to assist the Board in 
the development of accessibility guidelines. In the Notice of Inquiry, 
the FCC also sought comment on issues raised when accessibility issues 
involve both telecommunications equipment and services.
    The Committee report provides a broad overview of accessibility to 
telecommunications equipment and customer premises equipment and is 
intended to stand alone as a model for achieving such access. It, 
therefore, covers issues that go beyond the Board's jurisdiction. The 
report provides advice to the FCC in the areas of compliance and 
telecommunications service delivery, as well as recommendations to 
manufacturers, engineers, and design professionals.
    The report recommends the establishment of a cooperative dialogue 
among manufacturers, product developers, engineers, academicians, 
individuals with disabilities, and others involved in the 
telecommunications equipment design and development process. The report 
also recommends the creation of a technical subgroup of a professional 
society which could train and eventually certify ``accessibility 
specialists'' or engineers. As a result of work by several Committee 
members, such a group has already been created. The National 
Association of Radio and Telecommunications Engineers recently formed 
the Association of Accessibility Engineering Specialists. This 
association is expected to sponsor conferences and workshops, 
disseminate information, and suggest course curricula for future 
training and certification. The association could also serve as an 
advisory resource to the FCC to help speed resolution of complaints.
    With respect to complaints, the Committee report recommends that a 
Declaration of Conformity accompany each product. Such a Declaration, 
among other things, would state that the product has met the 
requirements of section 255 and provide information on how to contact 
the manufacturer to obtain information about the product's 
accessibility features. Since enforcement for section 255 is under the 
exclusive jurisdiction of the FCC, this rule does not address the 
Declaration of Conformity.
    The Committee's recommendations also suggest that a ``Market 
Monitoring'' report be issued periodically to address the state of the 
art of customer premises equipment and telecommunications equipment and 
the progress of making this equipment accessible. The Access Board 
intends to compile such a report on a regular basis and make it 
available to the public.
    The provisions of section 255 recognize that individuals with 
disabilities need improved access to telecommunications technology. 
Section 255 places an obligation on manufacturers to consider 
accessibility when designing, developing, and fabricating 
telecommunications equipment and customer premises equipment. Among 
other things, these proposed guidelines set forth factors to be 
considered throughout manufacturing processes to achieve accessibility. 
Because the pace of technological change is so rapid, it is expected 
that many aspects of accessibility which are not readily achievable 
today may become readily achievable in the future.
    An important approach reflected in these proposed guidelines and in 
designing accessible products is called Universal Design. This is the 
practice of designing products so that they are usable by the broadest 
possible audience. Products designed in this manner are more usable by 
people with a wide range of abilities without reducing the product's 
usability or attractiveness for mass or core audiences. With Universal 
Design, the goal is to ensure maximum flexibility and ease of use for 
as many individuals as possible.
    In the past, some products or designs developed with Universal 
Design principles have attracted a wider audience than may have 
otherwise been attracted by the product. For example, curb ramps, 
originally designed to ensure wheelchair access, are routinely used by 
people with strollers, bicyclists, and delivery personnel. Similarly, 
closed captioning on television programs, created for the benefit of 
individuals who are deaf or hard of hearing, sometimes is used in 
airports, restaurants, and other noisy locations where it is difficult 
to hear the audio portion of the program. Similarly, voice activated 
telephone dialers not only enable individuals with limited hand and 
finger mobility to place calls, they allow drivers to place calls while 
driving without requiring them to take their hands off the steering 
wheel. Also, vibrating pagers, which are accessible to deaf and hard of 
hearing persons, can alert users to calls without the audible

[[Page 19180]]

tones interrupting business meetings. Finally, an audio adjunct to 
caller ID not only enables individuals who are blind to learn the 
identity of a caller, but enables people eating dinner to identify 
callers without leaving the dinner table.
    Manufacturers are increasingly finding that by making a product 
accessible for people with disabilities, the product becomes more 
usable by other customers as well. For example, a recent article 
(Murphy, ``Investing in Voice'', Wired, March 1997, at 100) highlights 
the growing importance of voice recognition technology. At least two of 
the companies cited for leading edge advances in this field originally 
developed the technology as peripheral devices and software to provide 
access for individuals with disabilities. However, it was quickly 
discovered that other customers benefitted from the change. Clearly, 
Universal Design works in both directions. Some members of TAAC 
reported that adding accessibility features (e.g., adding voice to 
caller ID) increased sales.
    Question 1: The Board seeks any other available information on 
whether adding accessibility features has actually increased sales.
    The Board encourages the use of Universal Design in the manufacture 
of telecommunications equipment and customer premises equipment. For 
some time, Pacific Bell has had a program to consider Universal Design 
in products and services, and Bell Atlantic and NYNEX recently held a 
joint press conference to announce their plans to embrace such 
principles. They stated that, if incorporated early enough in the 
design process, the cost of accessibility was insignificant.
    In developing its recommendations to the Board, the Committee 
recommended that accessibility guidelines required by section 255, 
adhere to the following principles:
    <bullet> The guidelines must be specific enough that one can 
determine when they have been followed.
    <bullet> The guidelines must be sufficiently flexible to give 
manufacturers the freedom to innovate.
    <bullet> Products should be made accessible to and usable by people 
with as wide a range of abilities or disabilities as is readily 
achievable.
    <bullet> Whenever it is not readily achievable to make a product 
accessible, the manufacturer or provider of that product, shall ensure 
that the product is compatible with existing peripheral devices or 
specialized customer premises equipment commonly used by individuals 
with disabilities to achieve access, if readily achievable.
    <bullet> It may not be readily achievable to make every type of 
product accessible for every type of disability using present 
technology; future technologies may result in accessibility where it is 
not currently readily achievable.
    <bullet> Because telecommunications technology is changing so 
rapidly, it is expected that the guidelines will need to be updated on 
a regular basis.
    <bullet> Guidelines must reflect the fact that computer, telephone, 
information, and tele-transaction systems may converge, such that 
single devices may simultaneously provide all of these functions.
    <bullet> Guidelines should address process, performance, and 
compliance and coordination issues.
    In proposing these guidelines, the Board believes that it has 
adhered to the above principles, within the framework of the Board's 
statutory authority.

Section-by-Section Analysis

    This section of the preamble contains a concise summary of the rule 
which the Access Board is proposing. The text of the proposed rule 
follows this section. An appendix provides examples of non-mandatory 
strategies for addressing these guidelines.

Subpart A--General

Section 1193.1  Purpose
    This section describes the purpose of the guidelines which is to 
provide specific guidance for the accessibility, usability, and 
compatibility of telecommunications equipment and customer premises 
equipment covered by the Telecommunications Act of 1996. Section 255(b) 
of the Act requires that manufacturers of telecommunications equipment 
or customer premises equipment shall ensure that the equipment is 
designed, developed, and fabricated to be accessible to and usable by 
individuals with disabilities, if readily achievable. Section 255(d) of 
the Act requires that whenever it is not readily achievable to make a 
product accessible, a manufacturer shall ensure that the equipment is 
compatible with existing peripheral devices or specialized customer 
premises equipment commonly used by individuals with disabilities to 
achieve access, if readily achievable. The requirement for the Board to 
issue accessibility guidelines is contained in section 255(e) which 
specifies the issuance of guidelines by August 8, 1997.
Section 1193.2  Scoping
    This section provides requirements for accessibility, usability, 
and compatibility of telecommunications equipment and customer premises 
equipment.
    The guidelines apply to telecommunications equipment and customer 
premises equipment required by section 255(b) to be designed, 
developed, and fabricated to be accessible to and usable by individuals 
with disabilities, if readily achievable. By grouping ``design, develop 
and fabricate'' together, section 255(b) suggests that the requirement 
applies to new equipment designed, developed and fabricated after 
February 8, 1996. The FCC agrees that the requirement of section 255(b) 
became effective on that date. See Notice of Inquiry, FCC 96-382, page 
3 (September 17, 1996). The application of these guidelines to new 
products designed, developed and fabricated between the effective date 
of the Act and the effective date of the Board's final guidelines is a 
matter for the FCC to determine.
    These guidelines apply to all telecommunications equipment and 
customer premises equipment. Some members of the TAAC, and some 
comments to the FCC's Notice of Inquiry, argued that ``equipment'' can 
be interpreted as either singular or plural, therefore, allowing 
accessibility to be applied on a ``product line'' basis rather than to 
individual products. Manufacturers create multiple products in the same 
product line in order to offer customers a choice of options and 
features. The Board finds no evidence in the statute or its legislative 
history that Congress intended individuals with disabilities to have 
fewer choices in selecting products than the general public. Therefore, 
all products are subject to these guidelines.
    Manufacturers periodically change, upgrade, or distribute new 
releases of existing products. Therefore, this section requires that 
when these events occur, manufacturers shall evaluate the accessibility 
features, and incorporate those features into existing products when 
readily achievable. Minor or insubstantial changes that do not affect 
functionality need not trigger accessibility reviews pursuant to these 
guidelines.
Section 1193.3  Definitions
    With a few exceptions discussed below, the definitions in this 
section are the same as the definitions used in the Telecommunications 
Act of 1996.
    Accessible. Subpart C contains the minimum requirements for 
accessibility. Therefore, the term accessible is defined as meeting the 
provisions of Subpart C.
    Alternate Formats. Certain product information is required to be 
made

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available in alternate formats to be usable by individuals with various 
disabilities. Common forms of alternate formats are Braille, large 
print, ASCII text, and audio cassettes. Further discussion of alternate 
formats is provided in section 1193.25 and in the appendix.
    Alternate Modes. Alternate modes are different means of providing 
information to users of products including product documentation and 
information about the status or operation of controls. For example, if 
a manufacturer provides product instructions on a video cassette, 
captioning would be required. Further discussion of alternate modes is 
provided in sections 1193.25, 1193.31 through 1193.37, and in the 
appendix.
    Compatible. Subpart D contains the minimum requirements for 
compatibility. Therefore, the term compatible is defined as meeting the 
provisions of Subpart D.
    Customer Premises Equipment. This definition is taken from the 
Telecommunications Act. Equipment employed on the premises of a person, 
which can originate, route or terminate telecommunications, is customer 
premises equipment. ``Person'' is a legal term meaning an individual, 
corporation, or organization.
    Customer premises equipment can also include certain specialized 
customer premises equipment which are directly connected to the 
telecommunications network and which can originate, route, or terminate 
telecommunications. Equipment with such capabilities is covered by 
section 255(b) and is required to meet the accessibility requirements 
of Subpart C, if readily achievable, or to be compatible with other 
specialized customer premises equipment and peripheral devices 
according to Subpart D, if readily achievable. Customer premises 
equipment may also include wireless sets.<SUP>1
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    \1\ See Declaratory Ruling, DA 93-122 , 8 FCC Rcd 6171, 6174 
(Com. Car. Bur. 1993) (TOCSIA Declaratory Ruling), recon. pending 
(finding that definition of ``premises'' includes ``locations'' such 
as airplanes, trains and rental cars, despite the fact that they are 
mobile).
---------------------------------------------------------------------------

    Manufacturer. This definition is provided as a shorthand reference 
for a manufacturer of telecommunications equipment and customer 
premises equipment.
    Peripheral Devices. Peripheral devices are referenced in section 
255(d) of the Act, as equipment commonly used by individuals with 
disabilities to achieve access to telecommunications equipment and 
customer premises equipment. No definition is provided in the Act but 
the term peripheral devices commonly refers to audio amplifiers, ring 
signal lights, some TTYs, refreshable Braille translators, text-to-
speech synthesizers and similar devices. These devices must be 
connected to a telephone or other customer premises equipment to enable 
an individual with a disability to originate, route, or terminate 
telecommunications. Peripheral devices cannot perform these functions 
on their own.
    Product. This definition is provided as a shorthand reference for 
telecommunications equipment and customer premises equipment.
    Readily Achievable. The Telecommunications Act defines ``readily 
achievable'' as having the same meaning as in the Americans with 
Disabilities Act (ADA) but the ADA applies the concept in an entirely 
different context than the Telecommunications Act. The ADA applies the 
term to the removal of architectural barriers in an existing building 
or facility, whereas the Telecommunications Act applies the term to the 
design, development and fabrication of new telecommunications equipment 
and customer premises equipment. The factors which apply in the ADA 
context may not be appropriate here. Section 301(9) of the ADA defines 
readily achievable as follows:
    ``The term ``readily achievable'' means 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:
    (A) the nature and cost of the action needed under this Act;
    (B) the overall financial resources of the facility or facilities 
involved in the action; the number of persons employed at such 
facility; the effect on expenses and resources, or the impact otherwise 
of such action upon the operation of the facility;
    (C) the overall financial resources of the covered entity; the 
overall size of the business of a covered entity with respect to the 
number of its employees; the number, type, and location of its 
facilities; and
    (D) the type of operation or operations of the covered entity, 
including the composition, structure, and functions of the workforce of 
such entity; the geographic separateness, administrative or fiscal 
relationship of the facility or facilities in question to the covered 
entity.'' (42 U.S.C. 12181(9))
    Since the ADA definition is intended to apply to the removal of 
architectural barriers in existing buildings and facilities, the 
factors relate to the cost of alterations, the financial resources of 
the particular entity and its relationship to a parent entity, and the 
corporate structure which might affect the allocation of resources.
    In implementing title III of the ADA, the Department of Justice 
(DOJ) adopted a slightly different wording for its definition, based, 
in part, on the extensive legislative history of the ADA. The DOJ 
definition of readily achievable is as follows:
    ``Readily achievable means 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 under this part;
    (2) The overall financial resources of the site or sites involved 
in the action; the number of persons employed at the site; the effect 
on expenses and resources; legitimate safety requirements that are 
necessary for safe operation, including crime prevention measures; or 
the impact otherwise of the action upon the operation of the site;
    (3) The geographic separateness, and the administrative or fiscal 
relationship of the site or sites in question to any parent corporation 
or entity;
    (4) If applicable, the overall financial resources of any parent 
corporation or entity; the overall size of the parent corporation or 
entity with respect to the number of its employees; the number, type, 
and location of its facilities; and
    (5) If applicable, the type of operation or operations of any 
parent corporation or entity, including the composition, structure, and 
functions of the workforce of the parent corporation or entity.'' (28 
CFR 36.104)
    The DOJ definition makes clear the connection between parent entity 
and subdivision and includes safety considerations related to the 
possible disruption of construction or the inability to comply with the 
strict requirements of an accessibility standard.
    Substituting ``manufacturer'' for ``building'', ``facility'', or 
``site'' makes partial sense but does not clarify how the factors would 
be applied to the telecommunications industry. For one thing, the DOJ 
rule makes it clear that, in evaluating whether a particular structural 
modification is readily achievable, the covered entity starts with the 
alteration provisions of the ADA Accessibility Guidelines (ADAAG). 
Those provisions include the concept of ``technical infeasibility'' 
which relates to effects on the existing building's structural frame. 
The factors in either of the above definitions do not explicitly 
include technical

[[Page 19182]]

infeasibility. The TAAC, therefore, considered explicitly including the 
concept of ``technologically feasible'' as a factor in determining what 
is readily achievable.
    The definition of readily achievable in section 1193.3 includes 
only the first phrase from the ADA definition. The Board intends to 
include an appendix section in the final rule containing a discussion 
of factors for determining when an action is readily achievable. The 
FCC asked questions in its Notice of Inquiry regarding the readily 
achievable factors and their application to the telecommunications 
industry and intends to issue guidance on the application of the 
readily achievable limitation in the telecommunications context. The 
Board will coordinate its rulemaking with any FCC proceeding.
    Question 2: The Board seeks comment regarding the definition of 
readily achievable in the telecommunications context. (a) What factors 
translate from the ADA or DOJ definition of readily achievable, which 
address the built environment, to the telecommunications industry? (b) 
Both the ADA and the DOJ definitions specify that overall resources and 
overall size of a covered entity are factors in determining whether an 
action is readily achievable. Should a large company be expected to 
provide more accessibility in its products than a small company with 
limited production capacity or narrow design experience? (c) If small 
companies are expected to provide less accessibility in its products 
than large companies, would small companies have a competitive 
advantage in the marketplace? (d) Is the concept of ``technologically 
feasible'' an appropriate factor? (e) In the ADA context, ``resources'' 
refer only to financial resources but are there other resources in the 
telecommunications context, such as information, design expertise, 
knowledge of specific manufacturing techniques or procedures, or 
availability of certain kinds of technological solutions? (f) Finally, 
are there other factors to be considered in defining ``readily 
achievable'' in these guidelines? Since the success of these guidelines 
depends largely upon the term ``readily achievable'' the Board is 
concerned that this term is appropriately applied. Further discussion 
of these issues is provided in section 1193.21.
    Specialized Customer Premises Equipment. Section 255(d) of the 
Telecommunications Act requires that whenever it is not readily 
achievable to make a product accessible, a manufacturer shall ensure 
that the equipment is compatible with existing peripheral devices or 
specialized customer premises equipment commonly used by individuals 
with disabilities to achieve access, if readily achievable. The 
Telecommunications Act does not define specialized customer premises 
equipment. As discussed above, the Act defines customer premises 
equipment as ``equipment employed on the premises of a person (other 
than a carrier) to originate, route, or terminate telecommunications''. 
The Board views specialized customer premises equipment as a subset of 
customer premises equipment.
    The Act and its legislative history do not make it clear whether 
Congress intended to treat specialized customer premises equipment 
differently from peripheral devices. The Act appears to treat this 
equipment in the same manner as peripheral devices. However, certain 
specialized equipment, such as direct-connect TTYs, can originate, 
route, or terminate telecommunications without connection to anything 
else. Equipment which can independently originate, route or terminate 
telecommunications is customer premises equipment and must meet the 
requirements of Subpart C, if readily achievable. Where accessibility 
is not readily achievable, customer premises equipment (including 
specialized customer premises equipment) must be compatible with other 
devices.
    If specialized customer premises equipment can originate, route, or 
terminate telecommunications, it appears that for purposes of these 
guidelines, the equipment should be treated the same as customer 
premises equipment.
    Question 3: The Board seeks comment on how specialized customer 
premises equipment should be treated. Should this equipment be treated 
the same as peripheral devices or treated differently than peripheral 
devices?
    TTY. This definition is taken from the ADA Accessibility 
Guidelines, primarily for consistency with other statutes and 
regulations.
    Usable. This definition is included to convey the important point 
that products which have been designed to be accessible are usable only 
if an individual has adequate information on how to operate the 
product. Further discussion of usability is provided in section 
1193.25.

Subpart B--General Requirements

Section 1193.21  Accessibility and Compatibility
    This section provides that where readily achievable, 
telecommunications equipment and customer premises equipment shall 
comply with the specific technical provisions of Subpart C. Where it is 
not readily achievable to comply with Subpart C, telecommunications 
equipment and customer premises equipment shall comply with the 
provisions of Subpart D, if readily achievable. This is a restatement 
of the Act and sets forth the readily achievable limitation which 
applies to all subsequent sections of these guidelines.
    It is the responsibility of a manufacturer to determine whether 
compliance with any particular provision is readily achievable. Some of 
the factors which might be considered are those discussed under 
Sec. 1193.3 in the definition of readily achievable. The possible 
factors include the cost of compliance, balanced with the financial 
resources of the manufacturer, taking into account whether compliance 
is technologically feasible. The resources to be considered might 
include those of any parent entity, depending on the extent to which 
those resources can be made available to the subsidiary.
    In the telecommunications industry, the ``resources'' to be 
considered may be more than financial. Resources could include design 
expertise, knowledge of specific manufacturing techniques, or 
availability of certain kinds of technological solutions. On the other 
hand, absence of direct experience with, or knowledge of, accessibility 
solutions is not necessarily automatic grounds for determining that an 
action is not readily achievable. Manufacturers are expected to seek 
out information and develop expertise. In addition, manufacturers may 
be able to utilize expertise from outside sources rather than 
developing it in-house. The U.S. Department of Education's National 
Institute of Disability and Rehabilitation Research funds a research 
center focusing on access to telecommunications. Currently, the 
grantees consist of the Trace Research and Development Center, 
Gallaudet University, and the World Institute on Disability. The Trace 
Center maintains a site on the Internet (<a href="http://trace.wisc.edu/world/
telecomm/">http://trace.wisc.edu/world/
telecomm/</a>) where information on accessible design solutions can be 
found. Some of those design solutions which have already been developed 
can be directly incorporated in telecommunications equipment and 
customer premises equipment. Thus, a manufacturer is not limited to 
relying only on its own resources to comply with these guidelines.
    Since the provisions of these guidelines are largely performance 
based, a particular design solution may not be known at the outset, and 
it is

[[Page 19183]]

difficult to assess what it might cost before it is developed. Also, it 
may be difficult to assess the cost of information acquisition. For 
example, if a current employee is given the task of becoming familiar 
with access technology, and can do so with minimal negative impact on 
other work, such information acquisition is not an additional cost 
borne by the manufacturer. In fact, such acquisition is a positive 
asset to the company because it improves its competitive advantage. On 
the other hand, if this activity displaces other tasks, especially if 
another person must be hired, the cost of the new employee may be a 
direct cost attributable to the information task, insofar as the new 
employee's time is compensating for the additional work load. Moreover, 
such costs may not be associated with a particular product since the 
costs are part of future product design. Some of those costs are also 
not associated with this rule since the statute has already imposed 
them.
    Question 4: The Board, seeks any information on the incremental 
costs which this proposed rule might add beyond normal product 
development costs and those already imposed by the statute.
    In addition to available resources, the application of the readily 
achievable limitation might depend on what is technologically feasible. 
Since technology is constantly changing, what is not readily achievable 
now may be in the future. As a result, the evaluation of what is 
readily achievable is an ongoing activity. It is critical, therefore, 
that manufacturers incorporate accessibility consideration as early as 
possible into the design process. A design solution may be readily 
achievable if incorporated early enough, but may not be later in the 
process. Further discussion of these issues is provided in 
Sec. 1193.23.
    Furthermore, technological change is not the only factor that 
determines whether something is readily achievable. As the 
manufacturer's knowledge base and experience increase, certain things 
will become easier. Thus, some design solutions may not be readily 
achievable, not because the technology is lacking, but because the 
manufacturer has not yet fully implemented its design process.
Section 1193.23  Product Design, Development, and Evaluation
    This section requires manufacturers to evaluate the accessibility, 
usability, and compatibility of telecommunications equipment and 
customer premises equipment and incorporate such evaluation throughout 
product design, development, fabrication, and delivery, as early and 
consistently as possible. Manufacturers are required to develop a 
process to ensure that barriers to accessibility, usability, and 
compatibility are identified throughout product design and development, 
from conceptualization to distribution. The details of such a process 
will vary from one company to the next, so this section does not 
specify its structure or specific content. Instead, this section sets 
forth a series of factors that a manufacturer must consider in 
developing such a process. How, and to what extent, each of the factors 
is incorporated in a specific process is up to the manufacturer, so 
long as due consideration is given to each. This section does not 
require that such a process be submitted to any entity or that it even 
be in writing. The requirement is outcome-oriented, and a process could 
range from purely conceptual to formally documented, as suits the 
manufacturer.
    In particular, a manufacturer must consider how it could include 
individuals with disabilities in target populations of market research. 
In this regard, it is important to realize that any target population 
for which a manufacturer might wish to focus a product contains 
individuals with disabilities, whether it is teenagers, single parents, 
women between the ages of 25 and 40, or any other subgroup, no matter 
how narrowly defined. Any market research which excludes individuals 
with disabilities will be deficient.
    Similarly, including individuals with disabilities in product 
design, testing, pilot demonstrations, and product trials will 
encourage appropriate design solutions to accessibility barriers. In 
addition, such involvement may result in designs which have an appeal 
to a broader market.
    Working cooperatively with appropriate disability-related 
organizations is a key recommendation of the TAAC and is one of the 
factors that manufacturers must consider in their product design and 
development process. The primary reason for working cooperatively is to 
exchange relevant information. This is a two-way process since the 
manufacturer will get information on barriers to the use of its 
products, and may also be alerted to possible sources for solutions. 
The process will also serve to inform individuals with disabilities 
about what is readily achievable. In addition, manufacturers will have 
a conduit to a source of subjects for market research and product 
trials.
    Finally, manufacturers must consider how they can make reasonable 
efforts to validate any unproven access solutions through testing with 
individuals with disabilities or with appropriate disability-related 
organizations that have established expertise with individuals with 
disabilities. It is important to obtain input from persons or 
organizations with established expertise to ensure that input is not 
based merely on individual preferences or limited experience.
Section 1193.25  Information, Documentation, and Training
    Paragraph (a) of this section requires that manufacturers provide 
access to information and documentation. This information and 
documentation includes user guides, installation guides, and product 
support communications, regarding both the product in general and the 
accessibility features of the product. Information and documentation 
should be provided to people with disabilities at no additional charge. 
Alternate formats or alternate modes of this information is also 
required to be available. Manufacturers are also required to ensure 
usable customer support and technical support, upon request, in the 
call centers and service centers, which support their products.
    The specific alternate format or mode to be provided is that which 
is usable by the customer. Obviously, it does no good to provide 
documentation in Braille to someone who does not read it. While the 
user's preference is first priority, manufacturers are not expected to 
stock copies of all materials in all possible alternate formats and may 
negotiate with users to supply information in other formats. For 
example, Braille is extremely bulky and can only be read by a minority 
of individuals who are blind. Audio cassettes are usable by more people 
but are difficult for users to find a specific section or to skip from 
one section to the next. Documentation provided on disk in ASCII format 
can often be accessed by computers with appropriate software, but is 
worthless if the information sought is how to set up the computer in 
the first place. Of course, if instructions are provided by videotape, 
appropriate audio description would be needed for persons who are blind 
and captions would be needed for persons who are deaf or hard of 
hearing.
    Ensuring usable customer support may mean providing a TTY number, 
since the usual complicated voice menu systems cannot be used by 
individuals who are deaf. Also, if such menu

[[Page 19184]]

systems require quick responses, they may not be usable by persons with 
other disabilities. See the appendix for guidance on how to provide 
information in alternate formats and modes.
    Paragraph (b) requires manufacturers to include in general product 
information the name and telephone number of a contact point for 
obtaining the information required by paragraph (a). The name of the 
contact point can be an office of the manufacturer rather than an 
individual.
    Paragraph (c) requires manufacturers to provide employee training 
appropriate to an employee's function. In developing, or incorporating 
existing training programs, consideration shall be given to the 
following factors: Accessibility requirements of individuals with 
disabilities; means of communicating with individuals with 
disabilities; commonly used adaptive technology used with the 
manufacturer's products; designing for accessibility; and solutions for 
accessibility and compatibility.
    Obviously, not every employee needs training in all factors. 
Designers and developers need to know about barriers and solutions. 
Technical support and sales personnel need to know how to communicate 
with individuals with disabilities and what common peripheral devices 
are compatible with the manufacturer's products. Other employees may 
need a combination of this training. No specific program is required by 
this section and the manufacturer is free to address the needs in 
whatever way it sees fit, as long as the training results in the 
provision of effective information.
Section 1193.27  Information Pass Through
    This section requires telecommunications equipment and customer 
premises equipment to pass through all codes, translation protocols, 
formats or any other information necessary to provide 
telecommunications in an accessible format. In particular, signal 
compression technologies shall not remove information needed for access 
or shall restore it upon decompression. Some transmissions include 
codes or tags embedded in ``unused'' portions of the signal to provide 
accessibility. For example, closed captioning information is usually 
included in portions of a video signal not seen by users without 
decoders. This section prohibits telecommunications equipment and 
customer premises equipment from stripping out such information or 
requires the information to be restored at the end point.
Section 1193.29  Prohibited Reduction of Accessibility, Usability, and 
Compatibility
    This section provides that no change shall be undertaken which 
decreases or has the effect of decreasing the accessibility, usability, 
and compatibility of telecommunications equipment or customer premises 
equipment to a level less than the requirements of these guidelines.

Subpart C--Requirements for Accessibility

Section 1193.31  Accessibility
    This section provides that, subject to the general provisions of 
Subpart B, manufacturers must design, develop and fabricate their 
products to meet the specific requirements of Secs. 1193.33, 1193.35 
and 1193.37.
    Sections 1193.35 and 1193.37 are organized according to the 
recommendations contained in chapter five ``Performance Guidelines'' of 
the TAAC report and are divided according to input or output. This 
organization of functions is consistent with common computer 
functionality but may not be the most appropriate organization for 
designers and developers to apply.
    Question 5: Other ways of organizing functions may be more 
appropriate. The Board seeks comment on other approaches to organizing 
functions and requirements that might be easier to understand and 
implement.
Section 1193.33  Redundancy and Selectability
    This section requires that products incorporate multiple modes for 
input and output functions and that the user be able to select the 
desired mode. Since there is no single interface design that 
accommodates all disabilities, accessibility is likely to be 
accomplished through product designs which emphasize interface 
flexibility to maximize user configurability and multiple, alternative 
and redundant modalities of input and output.
    Selectability is especially important where an accessibility 
feature for one group of individuals with disabilities may conflict 
with an accessibility feature for another. A conflict may arise between 
captions, provided for persons who are deaf or hard of hearing, and a 
large font size, for persons with low vision. The resulting caption 
would either be so large that it obscures the screen or need to be 
scrolled or displayed in segments for a very short time. This potential 
problem could be solved by allowing the user to switch one of the 
features on and off. Of course, it may not be readily achievable to 
provide all input and output functions in a single product or to permit 
all functions to be selectable. For example, switching requires control 
mechanisms which must be accessible and it may be more practical to 
have multiple modes running simultaneously. Nevertheless, it is 
preferable for the user to be able to turn on or off a particular mode.
Section 1193.35  Input, Controls, and Mechanical Functions
    This section requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode which meets each of the following paragraphs. This means each 
of the product's input, control and mechanical functions must be 
evaluated against each of paragraphs (a) through (i) to ensure that 
there is at least one mode that meets each of those requirements. Of 
course, there may be one mode which meets more than one of the specific 
provisions. This section does not specify how the requirement is to be 
met but only specifies the outcome. It provides a ``checklist'' for 
evaluating products. The appendix to this rule contains a set of 
strategies which may help in developing solutions. In some cases, a 
particular strategy may be directly applicable while a different 
strategy may be a useful starting point for further exploration.
    Paragraph (a) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode without requiring the user to see. Individuals with severe 
visual disabilities or blindness cannot locate or identify controls, 
latches, or input slots by sight or operate controls that require 
sight. Touchscreens, visual indicators or prompts, and flat keypads 
with undifferentiated keys are all barriers to individuals who are 
blind. On the other hand, many software programs include a tone or 
chord to accompany on-screen displays or upon start-up which alert 
users about the status of the product. Some telephones provide an 
intermittent tone to indicate that a call is on hold (although a 
flashing light is frequently the only way to know which line is active 
on a multi-line phone, a condition which would not meet this 
requirement). Providing voice output for on-screen display messages 
would satisfy this provision.
    Paragraph (b) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode by individuals who have low vision but are not legally blind, 
and which does not rely on audio output. Visual acuity of

[[Page 19185]]

20/70 after correction is commonly regarded as the beginning of low 
vision; visual acuity of 20/200 after correction is the beginning of 
legal blindness; a field of vision of less than 20 degrees after 
correction also constitutes legal blindness. Individuals with visual 
disabilities often also have hearing disabilities, especially older 
individuals, and cannot rely on audio access modes commonly used by 
people who are blind. However, some strategies for making functions 
accessible to persons who are blind will also satisfy the requirements 
of this paragraph.
    Paragraph (c) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode that does not require user color perception. Many people have 
an inability to see or distinguish between certain color combinations. 
Others are unable to see color at all. This requirement does not mean 
that color should not be used, but that it not be the only means of 
identifying, locating or operating functions.
    Paragraph (d) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode without requiring the user to hear. Individuals who are deaf 
or hard of hearing cannot always locate or identify those controls or 
functions that require hearing.
    Paragraph (e) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode that does not require fine motor control or simultaneous 
actions. Individuals with tremor, cerebral palsy, paralysis, arthritis, 
or artificial hands may have difficulty operating systems which require 
fine motor control, assume a steady hand, or require two hands or 
fingers for operation, such as requiring two keys to be pushed 
simultaneously.
    Paragraph (f) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode that is operable with limited reach and strength. Individuals 
with high spinal cord injuries, arthritis, and other conditions may 
have difficulty operating controls which require reach or strength. 
This provision does not specify limits on reach or strength. The ADA 
Accessibility Guidelines specify that controls and operating mechanisms 
not require ``* * * tight grasping, pinching or twisting of the wrist'' 
and limits the force required to five pounds. See ADAAG section 4.27.4.
    Question 6: The Board seeks comment on whether the ADAAG provisions 
regarding tight grasping, pinching or twisting of the wrist and the 
force required to operate controls, or some other provision, should be 
included in this paragraph.
    Paragraph (g) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode that does not require a sequential response within a three 
second period, or requires the response time to be selected or 
adjustable by the user over a wide range. Individuals with physical, 
sensory and cognitive disabilities may not be able to find, read and 
operate a control quickly. The three second time frame is derived from 
anecdotal evidence on the response time some individuals with 
disabilities need to activate sequential controls.
    Question 7: The Board seeks comment on whether this three second 
period is adequate or whether some other time frame is more 
appropriate. If possible, please supply any information that supports 
this or any other time interval.
    Paragraph (h) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode that does not require speech. Products which require speech 
for operability, and which do not provide an alternate way to achieve 
the same function will not be usable by individuals who cannot speak or 
speak clearly.
    Paragraph (i) requires product input, control and mechanical 
functions to be locatable, identifiable, and operable through at least 
one mode that minimizes the cognitive, memory, language, and learning 
skills required of the user to operate the product. Many individuals 
have reduced cognitive abilities either from birth, accident, illness, 
or aging. These include reduced memory, sequencing, reading, and 
interpretive skills.
Section 1193.37  Output, Displays, and Control Functions
    Section 1193.37 applies to output, displays, and control functions 
which are necessary to operate products. This includes lights and other 
visual displays and prompts, alphanumeric characters and text, static 
and dynamic images, icons, screen dialog boxes, and tones and beeps 
which provide operating cues or control status.
    Paragraph (a) requires voice communication to meet certain 
requirements for users of hearing aids and other similar technologies. 
Voice communication is the actual voice output from the transmission 
source, not the incidental operating sounds (e.g., tones, chords, and 
beeps) or synthetic speech generated by the product itself to provide 
information about operation or control status.
    Paragraph (b)(1) requires that information which is presented 
visually also be available in auditory form. Some individuals have 
difficulty seeing or reading, or cannot see or read. The flashing 
buttons on a multi-line phone which indicate which lines are open or 
holding are particularly problematic for individuals who are blind. 
Also, on-screen dialogue boxes and error messages are not usable 
without additional output.
    Paragraph (b)(2) requires that information which is provided 
through a visual display shall not require visual acuity better than 
20/70 and shall not rely on audio.
    Paragraph (b)(3) requires that text which is presented in a moving 
fashion also be available in a static presentation mode at the option 
of the user. Moving text can be an access problem because individuals 
with low vision, or people with physical or sensorimotor disabilities 
find it difficult or impossible to track moving text with their eyes. 
This provision does not apply to the text on a TTY since that text is 
controlled directly by the sender. A recipient who has difficulty 
perceiving moving text can ask the sender to type slower or pause 
periodically.
    Paragraph (b)(4) requires that information which is provided 
auditorially be available in visual form and, where appropriate, in 
tactile form. Individuals who are deaf or hard of hearing may be unable 
to hear auditory output or to hear mechanical and other sounds that are 
emitted by a product which may be needed for its safe or effective 
operation.
    Paragraph (b)(5) requires information which is provided 
auditorially to be available in enhanced auditory fashion (i.e., 
increased amplification, or increased signal-to-noise ratio). 
Individuals who are hard of hearing may prefer to use their residual 
hearing as an alternative to access strategies used by people who are 
deaf. The direct voice output of a caller is specified further in 
paragraphs (b)(9) and (b)(10).
    Paragraph (b)(6) requires that flashing visual displays and 
indicators shall not exceed a frequency of 3 Hz to avoid triggering a 
seizure in an individual with photosensitive epilepsy. Individuals with 
photosensitive epilepsy can have a seizure triggered by displays which 
flicker or flash, particularly if the flash has a high intensity and is 
within certain frequency ranges. The maximum flash rate of 3 Hz is 
derived from research the Access Board sponsored on visual fire

[[Page 19186]]

alarms which typically use high intensity Xenon strobes.
    Question 8: The Board seeks comment on whether the 3 Hz value is 
appropriate for these guidelines or whether some other value is more 
appropriate. If possible, please supply information that supports this 
or any other value.
    Question 9: The TAAC also recommended a similar provision for non-
inducement of seizures triggered by auditory stimuli. However, the 
Board does not have information to set the parameters for such a 
requirement. The Board seeks comment on whether such a requirement 
should be included and any information that supports a provision.
    Paragraph (b)(7) requires products which use audio output modes, to 
have an industry standard connector for headphones or personal 
listening devices which cuts off the audio speakers when a handset is 
picked up or the headphones are plugged in. Individuals using the audio 
output mode, as well as individuals using a product with the volume 
turned up, need a way to limit the range of audio broadcast.
    Paragraph (b)(8) requires that products shall not cause 
interference to hearing technologies (including hearing aids, cochlear 
implants, and assistive listening devices) which are used by a product 
user or bystanders. In the fall of 1995, the FCC formed a steering 
committee to initiate a summit on hearing aid compatibility and 
accessibility to digital wireless telecommunications. The purpose of 
this summit was to continue and formalize discussions among 
organizations representing people with hearing loss, hearing aid 
manufacturers, and the digital wireless telephone industry, with the 
ultimate goal of resolving the issues involved.
    A summit meeting was held on January 3-4, 1996, in Washington, DC. 
At this summit meeting three working groups were formed. The long-term 
solutions user and bystander interference group reached a consensus 
that a standards project was needed to document the definition of and 
method of measurement for hearing aid compatibility and accessibility 
to wireless telecommunications.
    Subsequently, the American National Standards Institute's (ANSI) 
C63 Committee was petitioned to undertake a joint standards project 
documenting the methods of measurement and defining the limits for 
hearing aid compatibility and accessibility to wireless 
telecommunications. At its April 1996 meeting, ANSI C63 established a 
task group under its subcommittee on medical devices to work toward the 
development of such standards. The C63.19 task group is continuing to 
develop its standard, C63.19-199X, American National Standard for 
Methods of Measurement for Hearing Aid Compatibility with Wireless 
Communications Devices. When the standard is completed, the Board 
intends to reference it in the appendix to these guidelines.
    Paragraph (b)(9) requires products providing auditory output by an 
audio transducer which is normally held up to the ear to provide a 
means for effective wireless coupling to hearing aids. Generally, this 
means the earpiece generates sufficient magnetic field strength to 
induce an appropriate field in a hearing aid T-coil. The output in this 
case is the direct voice output of the transmission source, not the 
``machine language'' such as tonal codes transmitted by TTYs.
    Paragraph (b)(10) requires products to be equipped with volume 
control that provides an adjustable amplification ranging from 18-25 dB 
of gain. The gain is to the voice output intended to be heard by the 
listener, not Baudot, ASCII, or other machine codes. The proposed level 
of amplification is different from that required under the Hearing Aid 
Compatibility Act and the FCC's regulations. The FCC requires volume 
control that provides, through the receiver in the handset or headset 
of the telephone, 12 dB of gain minimum and up to 18 dB of gain 
maximum, when measured in terms of Receive Objective Loudness Rating. 
(See 47 CFR 68.317(a)).
    Question 10: Since functions requiring voice communication are more 
specific than the general output functions covered by this section, the 
Board seeks comment on whether moving the requirements of paragraphs 
(b)(9) and (b)(10) to a different section would be less confusing to 
designers and manufacturers.

Subpart D--Requirements for Compatibility With Peripheral Devices and 
Specialized Customer Premises Equipment

Section 1193.41  Compatibility
    Section 1193.41 requires that when it is not readily achievable to 
make a product accessible, the product must be compatible with existing 
peripheral devices or specialized customer premises equipment commonly 
used by individuals with disabilities to achieve access, if readily 
achievable.
    Paragraph (a) requires information needed for the operation of a 
product (including output, alerts, icons, on-line help, and 
documentation) to be available in a standard electronic text format on 
a cross-industry standard port. It also requires that 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 which do not require manipulation of a 
connector by the user. Products shall also provide a cross-industry 
standard connector which may require manipulation.
    Some individuals with severe or multiple disabilities are unable to 
use the built-in displays and control mechanisms on a product and may 
need to attach a peripheral device. For example, the requirement for a 
standard electronic text format could mean that the product could be 
controlled and operated through a laptop computer or similar device 
that was adapted to the needs of a specific individual. The requirement 
for cross-industry standardization means that the product cannot employ 
odd or proprietary protocols or codes. Manufacturers must use industry 
standards where they exist. In fact, a number of industry standards 
already exist such as IrDA standard 1.1 and standard RJ-11 phone 
connectors. In addition, if audio output is delivered through a 
standard 9 mm phone jack, it can be used by any common personal audio 
headset on the market.
    The cross-industry standard port has two components, one which does 
not require manipulation of a connector by the user, and one which may. 
The intent is to move toward the use of wireless connection 
technologies, such as infrared, because some individuals with 
disabilities will have difficulty manipulating plugs and connectors. 
However, the Telecommunications Act requires compatibility with devices 
``* * * commonly used by individuals with disabilities'' to achieve 
access. Many devices in use today are not equipped with infrared or 
other wireless ports. That is why the cross-industry standard port can 
also require manipulation, such as a plug.
    For some peripheral devices, a simple infrared transceiver can be 
plugged into a convenient serial or parallel port. Providing such a 
device to consumers with the appropriate peripheral devices may allow 
manufacturers to meet both requirements.
    Paragraph (b) requires products providing auditory output to 
provide the auditory signal through an industry standard connector at a 
standard signal level. Individuals using amplifiers, audio couplers, 
and other audio processing devices need a place to tap

[[Page 19187]]

into the audio generated by the product in a standard way.
    Paragraph (c) requires that products not cause interference to 
hearing technologies (including hearing aids, cochlear implants, and 
assistive listening devices) of a product user or bystander. 
Individuals who are hard of hearing use hearing aids and other 
assistive listening devices, but they cannot be used if products 
introduce noise into the listening aids because of stray 
electromagnetic interference. See the discussion at section 
1193.37(b)(8) regarding a technical standard for acceptable 
interference levels which is currently being developed through the 
American National Standards Institute.
    Paragraph (d) requires touchscreen and touch-operated controls to 
be operable without requiring body contact or close body proximity. 
Individuals who have artificial hands or use headsticks or mouthsticks 
to operate products have difficulty with capacitive or heat-operated 
controls which require contact with a person's body.
    Paragraph (e) requires that 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 the product on and off to enable the user who can talk to 
intermix speech with TTY use. Individuals who use TTYs to communicate 
must have a non-acoustic way to connect TTYs to telephones in order to 
obtain clear TTY connections, such as through a direct RJ-11 connector. 
When a TTY is connected directly into the network, it must be possible 
to turn off the acoustic pickup (microphone) to avoid having background 
noise in a noisy environment mixed with the TTY signal. Since some TTY 
users make use of speech for outgoing communications, the microphone 
on/off switch should be easy to flip back and forth or a push-to-talk 
mode should be available.
    Paragraph (f) requires products providing voice communication 
functionality to be able to support use of all cross-manufacturer non-
proprietary standard signals used by TTYs. Some products compress the 
audio signal in such a manner that standard signals used by TTYs are 
distorted or attenuated, preventing successful TTY communication. Use 
of such technology is not prohibited as long as the compression can be 
turned off to allow undistorted TTY communication. In addition, this 
paragraph would require computer modems to support protocols which are 
compatible with TTYs.

Regulatory Process Matters

Executive Order 12866

    Under Executive Order 12866, the Board must determine whether these 
guidelines are a significant regulatory action. The Executive Order 
defines a ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    ``(1) Have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.''
    For significant regulatory actions that are expected to have an 
annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities, a 
written assessment must be prepared of the costs and benefits 
anticipated from the regulatory action and any potentially effective 
and reasonably feasible alternatives to the planned regulation.
    These guidelines have been developed to assist manufacturers of 
telecommunications equipment and customer premises equipment comply 
with section 255 of the Telecommunications Act of 1996. Manufacturers 
are required to comply with section 255, and therefore these 
guidelines, to the extent that it is readily achievable. As discussed 
earlier in the preamble under Sec. 1193.3 (Definitions) and 
Sec. 1193.21 (Accessibility and Compatibility), the term ``readily 
achievable'' means ``easily accomplishable and able to be carried out 
without much difficulty or expense.'' Each manufacturer will have to 
determine the extent to which compliance is readily achievable, 
balancing costs and available resources. The guidelines are also 
largely performance based and give manufacturers considerable 
flexibility in achieving design solutions. For these reasons, it is 
difficult to assess the costs that may be attributable to the 
guidelines. Questions are included in the proposed rule to elicit 
specific information on the costs and benefits of the guidelines. At 
this stage of the rulemaking, the Board has determined that the 
proposed rule is not expected to have an annual effect on the economy 
of $100 million or more or adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities. The Board will analyze the information 
submitted during the comment period and other available data, and if it 
is determined at the final rule stage that the guidelines are expected 
to have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities, the required written assessment will be prepared.
    The Board and the Office of Management and Budget (OMB) have 
determined that the proposed rule meets the other criteria for a 
significant regulatory action (i.e., the proposed rule raises novel 
legal or policy issues arising out of legal mandates), and OMB has 
reviewed the proposed rule.
    The guidelines adhere to the principles of the Executive Order. The 
Board has utilized an advisory committee comprised of representatives 
of the telecommunications industry and disability groups to develop the 
guidelines. The guidelines are based on the consensus recommendations 
of the advisory committee, and represent a balanced and reasonable 
means of achieving the objectives of section 255 of the 
Telecommunications Act of 1996.
    The Board has provided a 45 day comment period, instead of the 
usual 60 day period, due to the statutory deadline for issuing a final 
rule by August 8, 1997. As noted above, the guidelines have been 
developed through an advisory committee process. The public was invited 
to attend the advisory committee meetings and participate in 
subcommittees and task groups. A listserv site was also established on 
the Internet to allow the advisory committee and the public to conduct 
discussions between meetings. The public has been afforded a meaningful 
opportunity to participate in the development of the guidelines.

[[Page 19188]]

Regulatory Flexibility Act

    The Board has determined that the proposed rule will not have a 
significant economic impact on a substantial number of small entities, 
and that it is therefore not necessary to prepare an initial regulatory 
flexibility analysis. As discussed above, manufacturers of 
telecommunications equipment and customer premises equipment are 
required to comply with section 255 of the Telecommunications Act of 
1996, and therefore these guidelines, to the extent that it is 
``readily achievable'', which means that is ``easily accomplishable and 
able to be carried out without much difficulty or expense.'' By its 
terms, the statute recognizes differences in the size and resources of 
manufacturers and minimizes the economic impact on small entities. 
Questions are included in the proposed rule to elicit information on 
how the size of an entity should affect what is readily achievable. The 
Board will analyze the information submitted during the comment period, 
and if it is determined at the final rule stage that the guidelines 
will have a significant economic impact on a substantial number of 
small entities, a final regulatory flexibility analysis will be 
prepared.

Unfunded Mandates Reform Act

    Under the Unfunded Mandates Reform Act, Federal agencies must 
prepare a written assessment of the effects of any Federal mandate in a 
proposed or final rule that may result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any one year. As discussed above, at 
this stage of the rulemaking, the Board has determined that the 
proposed rule is not a significant regulatory action that will reach 
the $100 million or more level. The proposed rule seeks specific 
information on the costs and benefits of the guidelines. The Board will 
analyze the information submitted during the comment period and other 
available information, and if it is determined at the final rule stage 
that the $100 million or more level is reached, the required written 
assessment will be prepared.

Paperwork Reduction Act, Collection of Information: Telecommunications 
Act Accessibility Guidelines

    Section 1193.25 contains information collection requirements. As 
required by the Paperwork Reduction Act of 1995, the Board has 
submitted a copy of this section to the Office of Management and Budget 
(OMB) for its review.
    The public reporting and record keeping burden for this collection 
of information is estimated to be 1,350 hours in order for 
manufacturers of telecommunications equipment and customer premises 
equipment to provide (1) a description of the accessibility and 
compatibility features of the equipment on request; and (2) the name 
and telephone number of a contact point for obtaining information 
concerning the accessibility and compatibility features of the 
equipment, alternate formats and customer and technical support for the 
equipment.
    The estimated burden associated with providing a description of the 
accessibility and compatibility features of the equipment on request 
was calculated as follows:

Respondents.........................................................150
                                                      Average responses
               ................................................... x 60
      Hours per response..................................... x .08 (5 
                                                               minutes)
Annual reporting burden.......................................720 hours

    The estimated burden associated with providing the name and 
telephone number of a contact point for obtaining information 
concerning the accessibility and compatibility features of the 
equipment, alternate formats and customer and technical support for the 
equipment was calculated as follows:

Respondents.........................................................150
                                                      Average responses
               ................................................. x 3000
      Hours per response................................... x .0014 (5 
                                                               seconds)
Annual reporting burden.......................................630 hours
Total annual burden hours...................................1,350 hours

    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, Room 10235, New Executive 
Office Building, Washington, DC 20503; Attention: Desk Officer for the 
Architectural and Transportation Barriers Compliance Board.
    The Board will consider comments by the public on this proposed 
collection of information in:
    <bullet> Evaluating whether the proposed collection of information 
is necessary for the proper implementation of Section 255 of the 
Telecommunications Act of 1996, including whether the information will 
have a practical use;
    <bullet> Evaluating the accuracy of the Board's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
    <bullet> Minimizing the burden of collection of information of 
those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other technological collection 
techniques or other forms of information technology (e.g., permitting 
electronic submission of responses).
    OMB is required to make a decision concerning the collection of 
information contained in these proposed guidelines between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Board on the proposed 
guidelines.

List of Subjects in 36 CFR Part 1193

    Communications, Communications equipment, Individuals with 
disabilities, Reporting and recordkeeping requirements, 
Telecommunications.

    Authorized by vote of the Access Board on March 12, 1997.
Patrick D. Cannon,
Chair, Architectural and Transportation Barriers Compliance Board.

    For the reasons set forth in the preamble, the Board proposes to 
add part 1193 to chapter XI of title 36 of the Code of Federal 
Regulations to read as follows:

PART 1193--TELECOMMUNICATIONS ACT ACCESSIBILITY GUIDELINES

Subpart A--General

Sec.
1193.1  Purpose.
1193.2  Scoping.
1193.3  Definitions.

Subpart B--General Requirements

1193.21  Accessibility and compatibility.
1193.23  Product design, development, and evaluation.
1193.25  Information, documentation, and training.
1193.27  Information pass through.
1193.29  Prohibited reduction of accessibility, usability, and 
compatibility.

Subpart C `` Requirements for Accessibility

1193.31  Accessibility.
1193.33  Redundancy and selectability.
1193.35  Input, controls, and mechanical functions.
1193.37 Output, displays, and control functions.
Subpart D `` Requirements for Compatibility With Peripheral Devices and 
Specialized Customer Premises Equipment
1193.41  Compatibility.

Appendix to Part 1193--Advisory Guidance

    Authority: 47 U.S.C. 255(e).

[[Page 19189]]

Subpart A--General


Sec. 1193.1  Purpose.

    This part provides guidelines for accessibility, usability, and 
compatibility of telecommunications equipment and customer premises 
equipment covered by the Telecommunications Act of 1996 (47 U.S.C. 
255).


Sec. 1193.2  Scoping.

    This part provides requirements for accessibility, usability, and 
compatibility of new products and existing products which undergo 
substantial change or upgrade, or for which new releases are 
distributed. This part does not apply to minor or insubstantial changes 
to existing products that do not affect functionality.


Sec. 1193.3  Definitions.

    Terms used in this part shall have the specified meaning unless 
otherwise stated. Words, terms and phrases used in the singular include 
the plural, and use of the plural includes the singular.
    Accessible. Telecommunications equipment or customer premises 
equipment which comply with the requirements of subpart C of this part.
    Alternate formats. Alternate formats may include, but are not 
limited to, Braille, ASCII text, large print, and audio cassette 
recording.
    Alternate modes. Alternate modes may include, but are not limited 
to, voice, fax, relay service, TTY, Internet posting, captioning, text-
to-speech synthesis, and audio description.
    Compatible. Telecommunications equipment or customer premises 
equipment which comply with the requirements of subpart D of this part.
    Customer premises equipment. Equipment employed on the premises of 
a person (other than a carrier) to originate, route, or terminate 
telecommunications.
    Manufacturer. A manufacturer of telecommunications equipment or 
customer premises equipment.
    Peripheral devices. Devices employed in connection with 
telecommunications equipment or customer premises equipment to 
translate, enhance, or otherwise transform telecommunications into a 
form accessible to individuals with disabilities.
    Product. Telecommunications equipment or customer premises 
equipment.
    Readily achievable. Easily accomplishable and able to be carried 
out without much difficulty or expense.
    Specialized customer premises equipment. (See Peripheral devices)
    Telecommunications. The transmission, between or among points 
specified by the user, of information of the user's choosing, without 
change in the form or content of the information as sent and received.
    Telecommunications equipment. Equipment, other than customer 
premises equipment, used by a carrier to provide telecommunications 
services, and includes software integral to such equipment (including 
upgrades).
    Telecommunications service. 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.
    TTY. An abbreviation for teletypewriter. Machinery or equipment 
that employs interactive text based communications through the 
transmission of coded signals across the standard telephone network. 
TTYs can include, for example, devices known as TDDs (telecommunication 
display devices or telecommunication devices for deaf persons) or 
computers with special modems. TTYs are also called text telephones.
    Usable. Means that individuals with disabilities have access to 
instructions, product information (including accessible feature 
information), documentation, and technical support functionally 
equivalent to that provided to individuals without disabilities.

Subpart B--General Requirements


Sec. 1193.21  Accessibility and compatibility.

    Where readily achievable, telecommunications equipment and customer 
premises equipment shall comply with the requirements of subpart C of 
this part. Where it is not readily achievable to comply with subpart C 
of this part, telecommunications equipment and customer premises 
equipment shall comply with the requirements of subpart D of this part, 
if readily achievable.


Sec. 1193.23  Product design, development, and evaluation.

    (a) Manufacturers shall evaluate the accessibility and usability of 
telecommunications equipment and customer premises equipment and shall 
incorporate such evaluation throughout product design, development, 
fabrication, and delivery, as early and consistently as possible. 
Manufacturers shall identify barriers to accessibility and usability as 
part of such a product design and development process.
    (b) In developing such a process, manufacturers shall consider the 
following factors, as appropriate:
    (1) Including individuals with disabilities in target populations 
of market research;
    (2) Including individuals with disabilities in product design, 
testing, pilot demonstrations, and product trials;
    (3) Working cooperatively with appropriate disability-related 
organizations; and
    (4) Making reasonable efforts to validate any unproven access 
solutions through testing with individuals with disabilities or with 
appropriate disability-related organizations that have established 
expertise with individuals with disabilities.


Sec. 1193.25  Information, documentation, and training.

    (a) Manufacturers shall provide access to information and 
documentation including user guides, installation guides for end-user 
installable devices, and product support communications, regarding both 
the product in general and the accessibility features of the product, 
at no additional charge; and shall take such other steps as necessary 
including:
    (1) Providing a description of the accessibility and compatibility 
features of the product upon request, including, as needed, in 
alternate formats or alternate modes;
    (2) Providing end-user product documentation in alternate formats 
or alternate modes upon request; and
    (3) Ensuring usable customer support and technical support, upon 
request, in the call centers and service centers which support their 
products.
    (b) Manufacturers shall include in general product information the 
name and telephone number of a contact point for obtaining the 
information required by paragraph (a) of this section.
    (c) Manufacturers shall provide employee training appropriate to an 
employee's function. In developing, or incorporating existing training 
programs, consideration shall be given to the following factors:
    (1) Accessibility requirements of individuals with disabilities;
    (2) Means of communicating with individuals with disabilities;
    (3) Commonly used adaptive technology used with the manufacturer's 
products;
    (4) Designing for accessibility; and
    (5) Solutions for accessibility and compatibility.


Sec. 1193.27  Information pass through.

    Telecommunications equipment and customer premises equipment shall 
pass through all codes, translation protocols, formats or any other 
information necessary to provide

[[Page 19190]]

telecommunications in an accessible format. In particular, signal 
compression technologies shall not remove information needed for access 
or shall restore it upon decompression.


Sec. 1193.29  Prohibited reduction of accessibility, usability, and 
compatibility.

    No change shall be undertaken which decreases or has the effect of 
decreasing the accessibility, usability, and compatibility of 
telecommunications equipment or customer premises equipment to a level 
less than the requirements of this part.

Subpart C--Requirements for Accessibility


Sec. 1193.31  Accessibility.

    When required by subpart B of this part, telecommunications 
equipment and customer premises equipment shall be accessible to and 
usable by individuals with disabilities and shall comply with 
Secs. 1193.33, 1193.35, and 1193.37 as applicable.


Sec. 1193.33  Redundancy and selectability.

    Telecommunications equipment and customer premises equipment shall 
provide redundancy such that input and output functions are available 
in more than one mode. Alternate input and output modes shall be 
selectable by the user.


Sec. 1193.35  Input, controls, and mechanical functions.

    Input, controls, and mechanical functions shall be locatable, 
identifiable, and operable through at least one mode that complies with 
the following:
    (a) Operable without vision. Functions shall not require user 
vision.
    (b) Operable with low vision. Functions shall not require user 
visual acuity better than 20/70, and shall not rely on audio output.
    (c) Operable with little or no color perception. Functions shall 
not require user color perception.
    (d) Operable without hearing. Functions shall not require user 
auditory perception.
    (e) Operable with limited manual dexterity. Functions shall not 
require fine motor control or simultaneous actions.
    (f) Operable with limited reach and strength. Functions shall be 
operable with limited reach and strength.
    (g) Operable without time-dependent controls. Functions shall not 
require a sequential response less than three seconds. Alternatively, 
any response time may be selected or adjusted by the user over a wide 
range.
    (h) Operable without speech. Functions shall not require speech.
    (i) Operable with limited cognitive skills. Functions shall 
minimize the cognitive, memory, language, and learning skills required 
of the user.


Sec. 1193.37  Output, displays, and control functions.

    (a) Voice telecommunications shall comply with paragraphs (b)(9) 
and (b)(10) of this section.
    (b) All information necessary to operate and use the product, 
including text, static or dynamic images, icons, or incidental 
operating cues, shall be provided through at least one mode that 
complies with the following:
    (1) Availability of visual information. Information which is 
presented visually shall also be available in auditory form.
    (2) Availability of visual information for low vision users. 
Information which is provided through a visual display shall not 
require user visual acuity better than 20/70, and shall not rely on 
audio.
    (3) Access to moving text. Text, other than text output of a TTY, 
which is presented in a moving fashion shall also be available in a 
static presentation mode at the option of the user.
    (4) Availability of auditory information. Information which is 
provided in auditory form shall be available in visual form and, where 
appropriate, in tactile form.
    (5) Availability of auditory information for people who are hard of 
hearing. Information which is provided in auditory form shall be 
available in enhanced auditory fashion (i.e., increased amplification, 
or increased signal-to-noise ratio).
    (6) Prevention of visually-induced seizures. Flashing visual 
displays and indicators shall not exceed a frequency of 3 Hz.
    (7) Availability of audio cutoff. Products which use audio output 
modes shall have an industry standard connector for headphones or 
personal listening devices (e.g., phone-like handset or earcup) which 
cuts off speakers when used.
    (8) Non-interference with hearing technologies. Products shall not 
cause interference to hearing technologies (including hearing aids, 
cochlear implants, and assistive listening devices) of the user or 
bystanders.
    (9) Hearing aid coupling. Products providing auditory output by an 
audio transducer which is normally held up to the ear shall provide a 
means for effective wireless coupling to hearing aids.
    (10) Availability of enhanced audio. Products shall be equipped 
with volume control that provides an adjustable amplification ranging 
from 18-25 dB of gain.

Subpart D--Requirements for Compatibility With Peripheral Devices 
and Specialized Customer Premises Equipment


Sec. 1193.41  Compatibility.

    When required by subpart B of this part, telecommunications 
equipment and customer premises equipment shall be compatible with 
peripheral devices and specialized customer premises equipment commonly 
used by individuals with disabilities to achieve accessibility, and 
shall comply with the following provisions, as applicable:
    (a) 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. Products shall also provide a cross-industry 
standard connector which may require manipulation.
    (b) 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.
    (c) Non-interference with hearing technologies. Products shall not 
cause interference to hearing technologies (including hearing aids, 
cochlear implants, and assistive listening devices) of the user or 
bystanders.
    (d) Compatibility of controls with prosthetics. Touchscreen and 
touch-operated controls shall be operable without requiring body 
contact or close body proximity.
    (e) 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.
    (f) TTY signal compatibility. Products providing voice 
communication functionality shall be able to support use of all cross-
manufacturer non-proprietary standard signals used by TTYs.

[[Page 19191]]

Appendix to Part 1193--Advisory Guidance

Introduction

    1. This appendix provides examples of strategies and notes to 
assist in understanding the guidelines and are a source of ideas for 
alternate strategies for achieving accessibility. These strategies 
and notes are not mandatory. A manufacturer is not required to 
incorporate all of these examples or any specific example. 
Manufacturers are free to use these or other strategies in 
addressing the guidelines. The examples listed here are not 
comprehensive, nor does adopting or incorporating them guarantee an 
accessible product. They are meant to provide a useful starting 
point for evaluating the accessibility of a product or conceptual 
design and are not intended to inhibit innovation. For a more 
complete list of all of the published strategies to date, as well as 
for further information and links to on-going discussions, the 
reader is referred to the National Institute on Disability and 
Rehabilitation Research's Rehabilitation Engineering Center on 
Access to Telecommunications System's strategies Web site (<a href="http://
trace.wisc.edu/world/telecomm/">http://
trace.wisc.edu/world/telecomm/</a>).
    2. This appendix is organized to correspond to the sections and 
paragraphs of the guidelines in this part to which the explanatory 
material relates. This appendix does not contain explanatory 
material for every section and paragraph of the guidelines in this 
part.

Subpart B--General Requirements

Section 1193.25  Information, Documentation, and Training

Paragraph (a)

Alternate Formats and Alternate Modes

    1. This section requires that manufacturers provide access to 
information and documentation. The information and documentation 
includes user guides, installation guides, and product support 
communications, regarding both the product in general and the 
accessibility features of the product. Information and documentation 
should be provided to people with disabilities at no additional 
charge. Alternate formats or alternate modes of this information is 
also required to be available. Alternate formats may include, but 
are not limited to, Braille, ASCII text, large print, and audio 
cassette recording. Alternate modes may include, but are not limited 
to, voice, fax, relay service, TTY, Internet posting, captioning, 
text-to-speech synthesis, and audio description.
    2. In considering how to best provide product information to 
people with disabilities, it is essential that information be 
provided in an alternate format or mode that is usable by the person 
needing the information. For example, some individuals who are blind 
might require a manual in Braille to understand and use the product 
effectively. Other persons who are blind may prefer this information 
on a computer disk. Persons with limited reading skills may need 
this information recorded on audio cassette tape so they can listen 
to the manual. Still other persons with low vision may be able to 
read the text version of the manual if it is provided in a larger 
font. Likewise, persons who are deaf may require a captioned 
tutorial video, if one is provided, so that they will understand how 
to use the product effectively. Finally, individuals who rely on 
TTYs will need direct TTY access to a customer service line so they 
can ask questions about a product like everyone else.
    3. This portion of the appendix explains how to provide 
information in alternate formats (Braille, ASCII text, large print, 
audio cassette) to persons with disabilities.<SUP>1 The Access Board 
maintains a list of disability-related organizations that can 
provide information on local companies that produce information in 
alternate formats. The list is available by contacting the Access 
Board.
---------------------------------------------------------------------------

    \1\ This information was provided by the American Foundation for 
the Blind.
---------------------------------------------------------------------------

Braille

    4. Some persons who are blind rely on the use of Braille in 
order to obtain information that is typically provided in print. 
These persons may need Braille because of the nature of their 
disability (such as persons who are deaf-blind) or because of the 
complexity of the material. Most large urban areas have companies or 
organizations which can translate printed material to Braille. On 
the other hand, manufacturers may wish to consider producing Braille 
documents ``in house'' using a personal computer, Braille 
translation software, and a Braille printer. The disadvantage is the 
difficulty in ensuring quality control and accuracy. Software 
programs exist which can translate common word processing formats 
directly into Braille, but they are not always error free, 
especially if the document contains special characters, jargon, 
graphics, or charts. Since the typical office worker will not be 
able to proofread a Braille document, the initial apparent cost 
saving may be quickly lost by having to re-do documents. The Braille 
translation software costs approximately $500 and Braille printers 
range from $10,000 to $60,000 depending on the speed and other 
features. A Braille printer in the $10,000 to $20,000 range should 
be adequate for most users. By using automatic translation software, 
individuals who do not have knowledge of Braille or who have limited 
computer skills may be able to produce simple Braille documents 
without much trouble. If the document is of a complex format, 
however, such as a text box over multiple columns, a sophisticated 
knowledge of Braille translation software and formatting will be 
required.

Electronic Text

    5. People who are blind or have low vision and who have access 
to computers may be able to use documents in electronic form. 
Electronic text must be provided in ASCII or a properly formatted 
word processor file. Using electronic text allows this information 
to be transmitted through e-mail or other on-line 
telecommunications. Blind or low vision persons who have access to a 
personal computer can then read the document using synthetic speech, 
an electronic Braille display, a large print computer monitor, or 
they can produce a hard copy in large print or Braille.
    6. Documents prepared for electronic transmission should be in 
ASCII. Documents supplied on disk should also be provided in either 
ASCII or a word processor format usable by the customer. Word 
processing documents should be properly formatted before 
distribution or conversion to ASCII. To be correctly formatted, the 
document should be in Courier 10 CPI (10 pitch) and formatted for an 
80 character line. Tables should be converted to plain text. 
Graphics or text boxes should be deleted and explained or described 
in text format. This will allow the reader to understand all of the 
documentation being presented. Replace bullets (<bullet>) with ``*'' 
or ``--'' and convert other extended ASCII characters into text. 
When converting a document into ASCII or word processor formats, it 
is important to utilize the appropriate ``tab key'' and ``centering 
key'' rather than using the space bar. This is necessary because 
Braille translation software relies on the proper use of commands to 
automate the formatting of a Braille document.

Large Print

    7. Persons with low vision may require documentation to be 
provided in large print. Large print documents can easily be 
produced using a scalable font from any good word processing program 
and a standard laser printer. Using the document enlargement option 
on a photocopier will usually yield unsatisfactory results.
    8. To obtain the best results follow these guidelines:
    a. Paper should not be larger than standard 8\1/2\-11 inches. 
Always use 1 inch margins. Lines longer than 6\1/3\ inches will not 
track well for individuals who must use a magnifier.
    b. The best contrast with the least glare is achieved on very 
pale yellow or cream-colored non-glossy paper, such as paper that is 
used for photocopying purposes. To produce a more aesthetic looking 
document, an off-white paper may be used and will still give good 
contrast while producing less glare than white. Do not use dark 
colors and shades of red. Double-sided copying (if print does not 
bleed through) will produce a less bulky document.
    c. Remove formatting codes that can make reading more difficult. 
For example, centered or indented text could be difficult to track 
because only a few words will fit on a line. All text should begin 
at the left margin. Use only left margin justification to maintain 
uniform spacing across lines. Right margin justification can produce 
uneven spacing between letters and words. Use 1\1/4\ (1.25) line 
spacing; do not double space. Replace tabs with two spaces. Page 
numbering should be at the top or bottom left. Avoid columns. If 
columns are absolutely necessary, use minimum space between columns. 
Use dot leaders for tabular material. Remove graphics, tables, and 
charts, but include descriptions, information, or data in text.
    d. There is no standard typeface or point size. For more 
universal access, use 18 point type; anything larger could make text 
too choppy to read comfortably. Use a good

[[Page 19192]]

strong bolded typeface. Do not use italics, fine, or fancy 
typefaces. Fonts similar to Helvetica/Swiss Bold or Dutch/Times 
Roman Bold are good. Do not use compressed typefaces; there should 
be normal ``white space'' between characters.
    e. Use upper and lowercase letters.
    f. Using these instructions, one page of print (11-12 point 
type) will equal approximately three pages of large print (14-18 
point) depending on the density of the text.

Cassette Recordings

    9. Some persons who are blind or who have learning disabilities 
may require documentation on audio cassettes. Audio materials can be 
produced commercially or by utilizing the assistance of volunteer 
organizations which record material on tape. Agencies sometimes 
record material in-house and purchase a high speed tape duplicator 
($1,000-2,000) which is used to make cassette copies from the 
master. The cost of a duplicator can be higher depending upon the 
number of copies produced on a single run, and whether the 
duplicator can produce standard speed two-sided copies or half-speed 
four-sided copies. Although unit costs can be reduced by using the 
four-track, half-speed format, this will require the reader to use a 
specially designed playback machine. Tapes can also be produced with 
``tone indexing'' to allow a user to skip back and forth from one 
section to another. By following a few simple guidelines for 
selecting readers and creating recordings, most organizations will 
be able to successfully record most simple documents. There is no 
legal definition of a qualified reader.
    10. The American Foundation for the Blind offers this guidance:
    a. The reader should be proficient in the language being 
recorded.
    b. The reader should be familiar with the subject. Someone who 
is familiar with the technical aspects of a product but who can 
explain functions in ordinary language would be a logical person to 
record an audio cassette.
    c. The reader should have good diction. Recording should be done 
in a conversational tone and at a conversational pace; neither too 
slow nor too fast.
    d. The reader should be familiar with the material to minimize 
stumbling and hesitation.
    e. The reader should not editorialize. When recording a 
document, it should be read in full. Graphic and pictorial 
information available to sighted readers should be described in the 
narrated text. Tables and charts whose contents are not already 
contained in text should be converted into text and included in the 
recording.
    f. The reader should spell difficult or unusual words and words 
of foreign origin.
    g. At the beginning of the tape, identify the reader, i.e., 
``This document is being read by John Smith.''
    h. On each side of the tape, identify the document and the page 
number where the reader is continuing, i.e., ``tape 2, side 1, Guide 
to Barrier Free Meetings, continuing on page 75.''

Alternate Modes

    11. Information is provided increasingly through a variety of 
means including television advertisements, Internet postings, 
information seminars, and telephone. This portion of the appendix 
explains how to provide information in some alternate modes 
(captioning, audio description, Internet postings, relay service, 
and TTY).

Captioning

    12. When manufacturers of telecommunications equipment or 
customer premises equipment provide videos with their products (such 
as tutorials or information explaining various components of a 
product) the video should be available with captioning. Closed 
captioning refers to assistive technology designed to provide access 
to television for persons with hearing disabilities that is visible 
only through the use of a decoder. Open captions are visible at all 
times. Captioning is similar to subtitles in that the audio portion 
of a television program is displayed as printed words on the 
television screen. Captions should be carefully placed to identify 
speakers, on- and off-screen sound effects, music and laughter. 
Increased captioning was made possible because of the Television 
Decoder Circuitry Act which requires all television sets sold in the 
United States with screens 13 inches or larger to have built-in 
decoder circuitry.
    13. Although captioning technology was developed specifically to 
make television and video presentations accessible to deaf and hard 
of hearing people, there has been widespread interest in using this 
technology to provide similar access to meetings, classroom 
teaching, and conferences. For meetings, video-conferences, 
information seminars, and the like, real-time captioning is 
sometimes provided. Real-time captioning uses a stenographic machine 
connected to a computer with translation software. The output is 
then displayed on a monitor or projected on a screen.

Audio Description

    14. Just as manufacturers of telecommunications equipment and 
customer premises equipment need to make their videos accessible to 
persons deaf or hard of hearing, they must also be accessible to 
persons who are blind or have low vision. This process is known as 
descriptive video service (DVS), or audio description, in which a 
``video soundtrack'' is inserted unobtrusively into pauses in the 
regular audio portion of the video. This extra narration provides 
otherwise unavailable descriptions such as how to properly place a 
disk into a new computer. DVS is accessed by pushing a button on a 
stereo television set or VCR which has a standard feature called 
Second Audio Program (SAP) channel. No additional special equipment 
is needed and there is no extra cost to the end-user.<SUP>2
---------------------------------------------------------------------------

    \2\ This information was provided by the WGBH Foundation which 
specializes in closed captioning and descriptive video for persons 
with disabilities.
---------------------------------------------------------------------------

Internet Postings

    15. The fastest growing way to obtain information about a 
product is through use of the Internet, and specifically the World 
Wide Web. However, many Internet users with disabilities have 
difficulty obtaining this information if it is not correctly 
formatted. This section provides information on how to make a World 
Wide Web site more accessible to persons with disabilities.<SUP>3 
Because of its structure, the Web provides tremendous power and 
flexibility in presenting information in multiple formats (text, 
audio, video, and graphic). However, the features that provide power 
and elegance for some users present potential barriers for people 
with sensory disabilities. The indiscriminate use of graphic images 
and video restrict access for people who are blind or have low 
vision. Use of audio and non-captioned video restrict access for 
people who are deaf or hard of hearing.
---------------------------------------------------------------------------

    \3\ This information is based on the document ``Writing HTML 
Documents and Implementing Accessibility for the World Wide Web'' by 
Paul Fountaine, Center for Information Technology Accommodation, 
General Services Administration. For further information, see http:/
/ www.gsa.gov/coca.
---------------------------------------------------------------------------

    16. The level of accessibility of the information on the Web is 
dependent on the format of the information, the transmission media, 
and the display system. Many of the issues related to the 
transmission media and the display system cannot be affected by the 
general user. On the other hand, anyone creating information for a 
Web server has control of the accessibility of the information. 
Careful design and coding of information will provide access to all 
people without compromising the power and elegance of the Web site.
    17. A few suggestions are:
    a. Every graphic image should have associated text. This will 
enable a person using a character-based program, such as Lynx, to 
understand the material being presented in the graphical format. It 
also allows anyone who does not want to wait for graphics to load to 
have quick access to the information on the site.
    b. Provide text transcriptions or descriptions for all audio 
output. This will enable people who are deaf or hard of hearing to 
have access to this information, as well as individuals who do not 
have sound cards.
    c. Make any link text descriptive, but not verbose. For example, 
words like ``this'', ``here'', and ``click'' do not convey enough 
information about the nature of the link, especially to people who 
are blind. Link text should consist of substantive, descriptive 
words which can be quickly reviewed by the user. Conversely, link 
text which is too long bogs down efficient browsing.
    d. Provide alternate mechanisms for on-line forms. Forms are not 
supported by all browsers. Therefore, it is important to provide the 
user with an opportunity to select alternate methods to access such 
forms.
    e. All Web pages should be tested using multiple viewers. At a 
minimum, pages should be tested with one version of Mosaic and one 
version of Lynx. Ideally, pages should be tested with several 
versions of Mosaic, both versions of Lynx, and on other Web 
browsers. Pages should also be tested in DOS, Windows, and Unix 
environments.

[[Page 19193]]

Telecommunications Relay Services (TRS)

    18. By using telecommunications relay services (TRS), it has now 
become easier for persons with hearing and speech disabilities to 
communicate by the telephone. TRS links TTY users with those who do 
not have a TTY and use standard telephones. With TRS, a TTY user 
communicates with another person with the help of a communications 
assistant. The communications assistant reads the message typed by 
the TTY user, or the TTY user speaks for herself. The communications 
assistant then types the response from the non-TTY user to be read 
on the visual display of the TTY.
    19. There are now TRS programs in every state. Although TRS is 
very valuable, it does have limitations. For example, relay calls 
take longer, since they always involve a third party, and typing 
words takes longer than speaking words.

Text Telephones (TTYs)

    20. A TTY also provides direct two-way typed conversations. The 
cost of these devices begins at approximately $200, for a peripheral 
device to which a standard telephone can be attached, and they can 
be operated by anyone who can type. Using a TTY skillfully, 
especially for communicating technical information, will require 
some training, especially to become familiar with the conventions of 
TTY usage.
    21. The following information is excerpted from the brochure 
``Using a TTY'' which is available free of charge from the Access 
Board:
    a. If the TTY line is also used for incoming voice calls, be 
sure the person who answers the phone knows how to recognize and 
answer a TTY call. You will usually hear silence, a high-pitched, 
electronic beeping sound, or a pre-recorded voice message when it is 
a TTY call. If there is silence, assume it is a TTY call.
    b. TTYs should be placed near a standard telephone so there is 
minimal delay in answering incoming TTY calls.
    c. To initiate a TTY call, place the telephone headset in the 
acoustic cups of the TTY adapter. If the TTY unit is directly 
connected to the phone line, there is no need to put the telephone 
headset in the acoustic cups. Turn the TTY on. Make sure there is a 
dial tone by checking for a steady light on the TTY status 
indicator.
    d. Dial the number and watch the status indicator light to see 
if the dialed number is ringing. The ring will make a long slow 
flash or two short flashes with a pause in between. If the line is 
busy, you will see short, continuous flashes on the indicator light. 
When the phone is answered, you will see an irregular light signal 
as the phone is picked up and placed in the cradle. If you are 
calling a combination TTY and voice number, tap the space bar 
several times to help the person on the other end identify this as a 
TTY call.
    e. The person who answers the call is the first to type. Answer 
the phone as you would by voice, then type ``GA''.
    f. ``GA'' means ``I'm done, go ahead and type''. ``HD'' means 
hold. ``GA or SK'' means ``Is there anything more, I'm done''. 
``SK'' means stop keying. This is how you show that the conversation 
is ended and that you will hang up. It is polite to type good-bye, 
thank you for calling, or some other closing remark before you type 
``SK''. Stay on the line until both parties type SKSK.
    22. Because of the amount of time it takes to send and receive 
messages, it is important to remember that short words and sentences 
are desired by both parties. With some TTY calls it is often not 
possible to interrupt when the other person is typing. If you get a 
garbled message in all numbers or mixed numbers and letters, tap the 
space bar and see if the message clears up. If not, when the person 
stops typing, you should type, ``Message garbled, please repeat.'' 
If the garbled messages continue, this may mean that one of the TTYs 
is not working properly, there is background noise causing 
interference, or that you may have a bad connection. In this case 
you should say something like, ``Let's hang up and I'll call you 
back.''
    23. The typical TTY message will include many abbreviations and 
jargon. The message may also include misspelled words because, if 
the meaning is clear, many callers will not bother to correct 
spelling since it takes more time. Also, some TTY users communicate 
in American sign language, a language with its own grammar and 
syntax. English may be a second language. Extend the same patience 
and courtesy to TTY callers as you do to all others.
Subpart C--Requirements for Accessibility

Section 1193.35  Input, Controls, and Mechanical Functions

Paragraph (a)

Operable Without Vision

    1. Individuals who are blind or have low vision cannot locate or 
identify controls, latches, or input slits by sight or operate 
controls that require sight. Products should be manufactured to be 
usable independently by these individuals. For example, individuals 
who cannot see must use either touch or sound to locate and identify 
controls. If a product uses a flat, smooth touch screen or touch 
membrane, the user without vision will not be able to locate the 
controls without auditory or tactile cues.
    2. Once the controls have been located, the user must be able to 
identify the various functions of the controls. Having located and 
identified the controls, individuals must be able to operate them.
    3. Below are some examples of ways to make products accessible 
to persons with visual disabilities:
    a. If buttons are used on a product, make them discrete buttons 
which can be felt and located by touch. If a flat membrane is used 
for a keyboard, provide a raised edge around the control areas or 
buttons to make it possible to locate the keys by touch. Once an 
individual locates the different controls, he or she needs to 
identify what the keys are. If there is a standard number pad 
arrangement, putting a nib on the ``5'' key may be all that is 
necessary for identifying the numbers. On a QWERTY keyboard, putting 
a tactile nib on the ``F'' and ``J'' keys allows touch typists to 
easily locate their hands on the key.
    b. Provide distinct shapes for keys to indicate their function 
or make it easy to tell them apart. Provide Braille labels for keys 
and controls for those who read Braille to determine the function 
and use of controls.
    c. Provide large raised letters for short labels on large 
objects. Where it is not possible to use raised large letters, a 
voice mode selection could be incorporated that announces keys when 
pressed, but does not activate them. This would allow people to turn 
on the voice mode long enough to explore and locate the item they 
are interested in, then release the voice mode and press the 
control. If it is an adjustable control, voice confirmation of the 
status may also be important.
    d. Provide tactile indication on a plug which is not a self-
orienting plug. Wireless connections, which eliminate the need to 
orient or insert connectors, also solve the problem.
    e. Avoid buttons that are activated when touched to allow an 
individual to explore the controls to find the desired button. If 
touch-activated controls cannot be avoided (for example, on a touch 
screen), provide an alternate mode where a confirm button is used to 
confirm selections (for example, items are read when touched, and 
activated when the confirm button is pressed). All actions should be 
reversible, or require confirmation before executing non-reversible 
actions.
    f. Once controls have been located and users know what the 
functions are, they must be operable. Some types of controls, 
including mouse devices, track balls, dials without markings or 
stops, and push-button controls with only one state, where the 
position or setting is indicated only by a visual cue, will not be 
usable by persons who are blind or have low vision. Providing a 
rotational or linear stop and tactile or audio detents is a useful 
strategy. Another is to provide keyboard or push-button access to 
the functions. If the product has an audio system and 
microprocessor, use audio feedback of the setting. For simple 
products, tactile markings may be sufficient.
    g. Controls may also be shaped so that they can easily be read 
by touch (e.g., a twist knob shaped like a pie wedge). For keys 
which do not have any physical travel, some type of audio or tactile 
feedback should be provided so that the individual knows when the 
key has been activated. A two-state key (on/off) should be 
physically different in each position (e.g., a toggle switch or a 
push-in/pop-out switch), so the person can tell what state the key 
is in by feeling it.
    h. If an optional voice mode is provided for operating a 
product, a simple ``query'' mode can also be provided, which allows 
an individual to find out the function and state of a switch without 
actually activating it. In some cases, there may be design 
considerations which make the optimal mode for a sighted person 
inaccessible to someone without vision (e.g., use of a touch screen 
or mouse). In these cases, a primary strategy may be to provide a 
closely linked parallel method for efficiently achieving the same 
results (e.g., keyboard access) if there is a keyboard, or 
``SpeedList'' access for touch screens.

[[Page 19194]]

Paragraph (b)

Operable With Low Vision

    1. Individuals with low vision often also have hearing 
disabilities, especially older individuals. These persons cannot 
rely solely on audio access modes commonly used by people who are 
blind. Tactile strategies are still quite useful, although many 
older persons may not be familiar with Braille. The objective, 
therefore, is to maximize the number of people who can use their 
residual vision, combined with tactile senses, to operate a product.
    2. Strategies for addressing this provision may include the 
following:
    a. Make the information on the product easier to see. Use high-
contrast print symbols and visual indicators, minimize glare on the 
display and control surfaces, provide adequate lighting, position 
controls near the items they control to make them easy to find, and 
use Arabic instead of Roman numerals.
    b. The type-face and type-spacing used can greatly effect 
legibility. The spacing between letters should be approximately \1/
16\ the height of uppercase letters and the spacing should be 
uniform from one label to the next. Also, symbols can sometimes be 
used which are much more legible and understandable than fine print.
    c. Where the display is dynamic, provide a means for the user to 
enlarge the display and to ``freeze'' it. In addition to making it 
easier to see, there are strategies which can be used to reduce the 
need to see things clearly in order to operate them.
    d. A judicious use of color-coding, always redundant with other 
cues, is extremely helpful to persons with low vision. These cues 
should follow standard conventions, and can be used to reduce the 
need to read labels (or read labels more than the first time). In 
addition, all of the tactile strategies discussed under Sec. 1193.35 
(a) can also be used here.

Paragraph (c)

Operable With Little or No Color Perception

    1. Many people have an inability to see or distinguish between 
certain color combinations. Others are unable to see color at all.
    2. Strategies for addressing this provision include:
    a. Eliminate the need for a person to see color to operate the 
product. This does not eliminate the use of color completely but 
rather requires that any information essential to the operation of a 
product also be conveyed in some other fashion.
    b. Avoid color pairs such as red/green and blue/yellow, that are 
indistinguishable by people with limited color perception.
    c. Provide colors with different hues and intensity so that 
colored objects can be distinguished even on a black and white 
screen by their different appearance. Depending upon the product, 
the manufacturer may also be able to allow users to adjust colors to 
match their preferences and visual abilities.
    d. Avoid colors with a low luminance.

Paragraph (d)

Operable Without Hearing

    1. Individuals who are deaf or hard of hearing cannot locate or 
identify controls that require hearing. Products that provide only 
audio prompts cannot be used by individuals who are deaf or hard of 
hearing. For example, a voice-based interactive product that can be 
controlled only by listening to menu items and then pressing buttons 
is not accessible. By addressing the output issues under 
Sec. 1193.37(b)(4) many accessibility problems that affect input 
under this section can be solved.
    2. Some strategies include:
    a. Text versions of audio prompts could be provided which are 
synchronized with the audio so that the timing is the same.
    b. If prompts are provided visually and no speech or 
vocalization is required, most problems associated with locating, 
identifying, and operating controls without hearing will be solved.

Paragraph (e)

Operable With Limited Manual Dexterity

    1. Individuals may have difficulty manipulating controls on 
products for any number of reasons. Though these disabilities may 
vary widely, these persons have difficulty grasping, pinching, or 
twisting objects and often have difficulty with finer motor 
coordination. Some persons may use a headstick, mouthstick, or 
artificial limb.
    2. Below are some strategies which will assist in designing 
products which will meet the needs of these persons:
    a. Provide larger buttons and controls, or buttons which are 
more widely spaced, to reduce the likelihood that a user will 
accidentally activate an adjacent control.
    b. Provide guard bars between the buttons or near the buttons so 
that accidental movements would hit the guard bars rather than 
accidentally bumping switches.
    c. Provide an optional mode where buttons must be depressed for 
a longer period of time (e.g., SlowKeys) before they would accept 
input to help separate between inadvertent motions or bumps and 
desired activation.
    d. Where two buttons must be depressed simultaneously, provide 
an option to allow them to be activated sequentially (e.g., 
StickiKeys).
    e. Avoid buttons which are activated merely by touch, such as 
capacitance switches. Where that is difficult to do (e.g., with 
touchscreens), provide a ``confirm'' button which an individual can 
use to confirm that the item touched is the desired one. Also, make 
all actions reversible, or request confirmation before initiating 
non-reversible actions.
    f. Avoid latches, controls, or key combinations which require 
simultaneous activation of two or more buttons, or latches. Also, 
avoid very small controls or controls which require rotation of the 
wrist or pinching and twisting. Where this is not possible, provide 
alternate means for achieving the same functions.
    g. Controls which have non-slip surfaces and those that can be 
operated with the side of the hand, elbow or pencil can be used to 
minimize physical activity required. In some cases, rotary controls 
can be used if they can be operated without grasping and twisting 
(e.g., a thin pie slice shape control or an edge control). Providing 
a concave top on buttons makes them easier to use.
    h. Make it easier to insert cards or connectors by providing a 
bevel around the slot or connector, or use cards or connectors which 
can be inserted in any orientation or which self-center or self-
align. Placing the slot or connector on the front and near a ledge 
or open space allows individuals to brace their hands or arms to 
make use of the slot or connector easier.
    i. For some designs, controls which pose problems for 
individuals with disabilities may be the most efficient, logical or 
effective mechanism for a majority of users. In these cases, provide 
alternate strategies for achieving the same functions, but which do 
not require fine manipulation. Speech input or voice recognition 
could be provided as an alternate input, although it should not be 
the only input technique (see Sec. 1193.35 (h)).

Paragraph (f)

Operable With Limited Reach and Strength

    1. Some individuals may have difficulty operating systems which 
require reach or strength. The most straight-forward solution to 
this problem is to place the controls where they can be easily 
reached with minimal changes to body position. Many products also 
have controls located on different parts of the product.
    2. When this is the case, the following strategies may be used:
    a. Allow the functions to be controlled from the keyboard, which 
is located directly in front of the user.
    b. Allow voice recognition to be used as an option. This 
provides input flexibility, but should never be the only means for 
achieving a function.
    c. Provide a remote control option that moves all of the 
controls for the product together on a unit that can be positioned 
optimally for the individual. This allows the individual to operate 
the product without having to move to it. If this strategy is used, 
a standard communication format would be important to allow the use 
of alternate remote controls for those who cannot use the standard 
remote control.
    d. Reduce the force needed to operate controls or latches and 
avoid the need for sustained pressure or activity (e.g., use guards 
rather than increased strength requirements to avoid accidental 
activation of crucial switches).
    e. Provide arm or wrist rests or supports, create short cuts 
that reduce the number of actions needed, or completely eliminate 
the need to operate controls wherever possible by having automatic 
adjustments.

Paragraph (g)

Operable Without Time-Dependent Controls

    1. Many persons find it very difficult to operate time-dependent 
controls.
    2. Some strategies which address this problem include:
    a. Avoid any timed-out situations or provide instances where the 
user must respond to a question or moving display in

[[Page 19195]]

a set amount of time or at a specific time (e.g., a rotating 
display).
    b. Where timed responses are required or appropriate, allow the 
user to adjust them or set the amount of time allotted to complete a 
given task. Warn users that time is running out and allow them to 
secure extended time.
    c. If the standard mode of operation would be awkward or 
inefficient, then provide an alternate mode of operation that offers 
the same functions.

Paragraph (h)

Operable Without Speech

    1. Many individuals cannot speak or speak clearly. Products 
which require speech in order to operate them should also provide an 
alternate way to achieve the same function.
    2. Some strategies to achieve this include:
    a. Provide an alternate mechanism for achieving all of the 
functions which are controlled by speech. If a product includes 
speech identification or verification, provide an alternate 
mechanism for this function as well.
    b. Include individuals who are deaf or who have speech 
disabilities in the subject populations that are used to develop 
voice recognition algorithms, so that the algorithms will better 
accommodate a wider range of speech patterns.

Paragraph (i)

Operable With Limited Cognitive Skills

    1. Many individuals have reduced cognitive abilities, including 
reduced memory, sequence tracking, and reading skills. This does not 
necessarily prevent these persons from using a telecommunications 
product or feature.
    2. The following strategies are extensions of techniques for 
making products easier for everyone to learn and use:
    a. Use standard colors and shapes and group similar functions 
together. On products which have some controls that are used by 
everyone and other controls which would only be used by advanced 
users, it is generally good practice to separate the two, putting 
the more advanced features behind a door or under a separate menu 
item.
    b. Products which read the contents of the display aloud, or 
controls which announce their settings, are easier for individuals 
who have difficulty reading.
    c. Design products that are self-adjusting to eliminate 
additional controls which must be learned, and reduce the visual 
clutter.
    d. On products which have sign-in procedures, allow user 
settings to be associated with them when they sign in or insert 
their identification card. The system can then autoconfigure to 
them. Some new ``smart cards'' are being designed with user 
preferences encoded on the card.
    e. Where a complex series of steps is required, provide cuing to 
help lead the person through the process. It is also helpful to 
provide an ``undo'' or back up function, so that any mistakes can be 
easily corrected. Most people will find this function helpful.
    f. Where functions are not reversible, request some type of 
confirmation from the user before proceeding. On labels and 
instructions, it is helpful to use short and simple phrases or 
sentences. Avoid abbreviations wherever possible. Eliminate the need 
to respond within a certain time or to read text within a certain 
time.

Section 1193.37  Output, Displays, and Control Functions

Paragraph (b)(1)

Availability of Visual Information

    1. Just as persons with visual or cognitive disabilities need to 
be able to operate the input, controls, and mechanical functions of 
a product, they must also have access to the output functions.
    2. The following are strategies for addressing this provision:
    a. Provide speech output of all displayed text and labels. For 
information which is presented in non-text form (e.g., a picture or 
graphic), provide a verbal description unless the graphic is just 
decorative. When speech output is provided, allow for the spoken 
message to be repeated if the message is very long. A message for 
stepping through menus is also helpful.
    b. Providing Braille labels for controls is an extremely 
effective mechanism for those individuals who read Braille.
    c. Large raised print can also be used but is generally 
restricted to rather large objects due to the size of the letters.

Paragraph (b)(2)

Availability of Visual Information for Low Vision Users

    1. Individuals with low vision often also have hearing 
disabilities, especially older individuals. These persons cannot 
rely solely on audio access modes commonly used by people who are 
blind. Tactile strategies are still quite useful. Many people who 
have low vision but are not legally blind can use their vision to 
access visually presented information on a product.
    2. Strategies for meeting this provision involve:
    a. Provide larger, higher contrast text and graphics. 
Individuals with 20/200 vision can see lettering if they get close 
to it, unless it is very small or has very poor contrast. Although 
14 or 18 point type is recommended for visual displays, it is 
usually not possible to put this size text on small products.
    b. Make the lettering as large and high contrast as possible to 
maximize the number of people who can use the product.
    c. On displays where the font size can be varied, allow the user 
to increase the font size, even if it means that the user must pan 
or move in order to see the full display.

Paragraph (b)(3)

Access to Moving Text

    1. Moving text can be an access problem because individuals with 
low vision, or other disabilities may find it difficult or 
impossible to track moving text with their eyes.
    2. Strategies to address this requirement may include the 
following:
    a. Provide a mechanism for freezing the text. Thus, persons 
could read the stationary text and obtain the same information.
    b. Provide scrolling to display one full line at a time, with a 
pause before the next line replaces it.
    c. Provide the same information in another type of display which 
does not move. The right-to-left scrolling text on a TTY does not 
usually present a problem because it can be controlled by asking the 
sender to type slower or pause at specified intervals.

Paragraph (b)(4)

Availability of Auditory Information

    1. Individuals who have hearing disabilities are unable to 
receive auditory output, or mechanical and other sounds that are 
emitted by a product. These sounds are often important for the safe 
or effective operation of the product. Therefore, information which 
is presented auditorially should be available to all users.
    2. Some strategies to achieve this include the following:
    a. Provide a visual or tactile signal that will attract the 
person's attention and alert the user to a call, page, or other 
message, or to warn the user of significant mechanical difficulties 
in the product.
    b. In portable products, a tactile signal such as vibration is 
often more effective than a visual signal because a visual signal 
may be missed. An auxiliary vibrating signaler might be effective if 
it is not readily achievable or effective to build vibration into a 
portable product.
    c. For stationary products, a prominent visual indicator in the 
field of vision (e.g., a screen flash for a computer, or a flashing 
light for a telephone) is effective. To inform the user of the 
status of a process (e.g., line status on a telephone call, power 
on, saving to disk, or disconnected), text messages may be used. It 
is also desirable to have an image or light that is activated 
whenever acoustic energy is present on a telephone line.
    d. Speech messages should be portrayed simultaneously in text 
form and displayed where easily seen by the user. Such captions 
should usually be verbatim and displayed long enough to be easily 
read. If the product provides speech messages and the user must 
respond to those messages (e.g., interactive voice response and 
voice mail), a TTY accessible method of accessing the product could 
be provided. If the product provides interactive communication using 
speech and video, it would be helpful to provide a method and 
channel for allowing non-speech communication (e.g., text 
conversation) in parallel with the video.
    e. Certain operations of products make sounds that give status 
information, although these sounds are not programmed signals. 
Examples include the whir of an operating disk drive and the click 
of a key being pushed. Where sounds of this type provide information 
important for operating the product, such as a ``beep'' when a key 
is activated, provide a light or other visual confirmation of 
activation.

Paragraph (b)(5)

Availability of Auditory Information for People Who Are Hard of 
Hearing

    1. People who are hard of hearing but not deaf can often use 
their hearing to access auditory information on a product.

[[Page 19196]]

    2. Strategies for addressing this requirement may include the 
following:
    a. Improve the signal to noise ratio by making the volume 
adjustable, increasing the maximum undistorted volume, and 
minimizing background noise by such methods as better coupling 
between the signal source and the user.
    b. Alerting tones are most likely to be heard if they involve 
multiple tones, separated in frequency, which contrast with the 
environment.
    c. Occasionally, varying tones may be preferred for attracting 
attention. If speech is used, it is best to test its intelligibility 
with individuals who are hard of hearing to maximize its clarity and 
ease of understanding. Provide the ability for the user to have any 
messages repeated or to repeat the message if no response is 
received from the user.
    d. For essential auditory information, the information might be 
repeated and an acknowledgment from the user requested.
    e. The intelligibility of the output can also be maximized by 
the location of the speakers and by keeping the speakers away from 
noise sources. However, visual displays are often more desirable 
than loud prompts or alerts, because the latter reduce privacy and 
can annoy others unless the amplified signal is isolated by means of 
a headphone, induction coupling, direct plug-in to a hearing aid, or 
other methods.
    f. The use of a telephone handset or earcup which can be held up 
to the ear can improve intelligibility without disturbing others in 
the area. If a handset or earcup is used, making it compatible with 
a hearing aid allows users to directly couple the auditory signal to 
their hearing aids. If the microphone in the handset is not being 
used, turning it off will also reduce the amount of background noise 
which the person hears in the earpiece. Providing a headphone jack 
also allows individuals to plug in headphones, induction loops, or 
amplifiers which they may use to hear better.

Paragraph (b)(6)

Prevention of Visually-Induced Seizures

    1. Individuals with photo-sensitive epilepsy can have a seizure 
triggered by displays which flicker or flash, particularly if the 
flash has a high intensity and within certain frequency ranges.
    2. Strategies to address this requirement involve reducing or 
eliminating screen flicker or image flashing. In particular, the 6-
30 Hz range is the most sensitive frequency range, and should be 
avoided. A maximum frequency of 3 Hz has usually been set for visual 
fire alarms to provide a margin of safety. The chance of triggering 
seizures can also be reduced by avoiding very bright flashes which 
occupy a large part of the visual field (particularly in the center 
of the visual field) in order to minimize the impact on the visual 
cortex.

Paragraph (b)(7)

Availability of Audio Cutoff

    1. Individuals using the audio access mode, as well as those 
using a product with the volume turned up, need a way to limit the 
range of audio broadcast.
    2. If an audio headphone jack is provided, a cut-off switch can 
be included in the jack so that insertion of the jack would cut off 
the speaker. If a telephone-like handset is used, the external 
speakers can be turned off when the handset is removed from the 
cradle.

Paragraph (b)(8)

Non-Interference With Hearing Technologies

    1. Individuals who are hard of hearing use hearing aids and 
other assistive listening devices but these devices cannot be used 
if a telecommunications product introduces noise into the listening 
aids because of stray electromagnetic interference.
    2. Strategies for reducing this interference (as well as 
improving hearing aid immunity) are being researched. The most 
desirable strategy is to avoid the root causes of interference when 
a product is initially designed. If the root sources of interference 
cannot be removed, then shielding, placement of components to avoid 
hearing aid interference, and field-canceling techniques may be 
effective. Standards are being developed to limit interference to 
acceptable levels, but complete elimination for some technologies 
may not yet be practical.

Paragraph (b)(9)

Hearing Aid Coupling

    1. Many individuals who are hard of hearing use hearing aids 
with a T-coil (or telecoil) feature to allow them to listen to audio 
output of products without picking up background noise and to avoid 
problems with feedback, signal attenuation or degradation.
    2. The Hearing Aid Compatibility (HAC) Act defines a telephone 
as hearing aid compatible if it provides internal means for 
effective use with hearing aids and meets established technical 
standards for hearing aid compatibility.
    3. The technical standards for HAC telephones are specified in 
ANSI/EIA-504-1989, ``Magnetic Field Intensity Criteria for Telephone 
Compatibility with Hearing Aids,'' ANSI/TIA/EIA-504-1-1994, ``An 
Addendum to EIA-504,'' which adds the HAC requirements, and the FCC 
regulations at 47 CFR 68.317(a).
    4. A good strategy for addressing this requirement for any 
product held up to the ear would be to meet these same technical 
requirements. If not readily achievable to provide built-in telecoil 
compatibility, an accessory or other means of providing the electro-
magnetic signal is the next strategy to be considered.

Paragraph (b)(10)

Availability of Enhanced Audio

    1. Strategies for addressing this provision are the same as for 
paragraph (b)(5) of this section.

Subpart D--Requirements for Compatibility With Peripheral Devices and 
Specialized Customer Premises Equipment

Section 1193.41  Compatibility

Paragraph (a)

External Electronic Access to All Information and Control 
Mechanisms

    1. Some individuals with severe or multiple disabilities are 
unable to use the built-in displays and control mechanisms on a 
product.
    2. The two most common forms of manipulation-free connections 
are an infrared connection or a radio frequency connection point. 
Currently, the Infrared Data Association (IrDA) infrared connection 
point is the most universally used approach. A cross-industry 
standard for alternative control and display does not exist, however 
a standard protocol is under development.

Paragraph (b)

Connection Point for External Audio Processing Devices

    1. Individuals using audio peripheral devices such as 
amplifiers, telecoil adapters, or direct-connection into a hearing 
aid need a standard, noise free way to tap into the audio generated 
by a product.
    2. Individuals who cannot hear well can often use products if 
they can isolate and enhance the audio output. For example, they 
could plug in a headphone which makes the audio louder and helps 
shut out background noise; they might feed the signal through an 
amplifier to make it louder, or through filters or frequency 
shifters to make it better fit their audio profile. If they are 
wearing a hearing aid, they may directly connect their hearing aid 
to the audio signal or plug in a small audio loop which allows them 
to couple the audio signal through their hearing aid's built-in T-
coil.
    3. Devices which can process the information and provide visual 
and/or tactile output are also possible. The most common strategy 
for achieving this requirement is the use of a standard 9 mm 
miniature plug-in jack, common to virtually every personal tape 
player or radio. For small products, a subminiature phone jack could 
be used.

Paragraph (c)

Non-Interference With Hearing Technologies

    1. Strategies for addressing this provision are the same as 
those for Sec. 1193.37 (b)(8) of this appendix.

Paragraph (d)

Compatibility of Controls With Prosthetics

    1. Individuals who have artificial hands or use headsticks or 
mouthsticks to operate products have difficulty with capacitive or 
heat-operated controls which require contact with a person's body 
rather than a tool. Individuals who wear prosthetics are unable to 
operate some types of products because they either require motions 
that cannot easily be made with a prosthetic hand, or because 
products are designed which require touch of the human skin to 
operate them (e.g., capacitive touchscreen kiosks), making it 
impossible for individuals with artificial

[[Page 19197]]

arms or hands to operate, except perhaps with their nose or chin. 
Some individuals who do not have the use of their arms use either a 
headstick or a mouthstick to operate products. Controls and 
mechanisms which require a grasping and twisting motion should be 
avoided.

Paragraph (e)

TTY Connectability

    1. Acoustic coupling is subject to interference from ambient 
noise, as many handsets do not provide an adequate seal with TTYs. 
Therefore, alternate (non-acoustic) connections are needed. Control 
of the microphone is needed for situations such as pay-phone usage, 
where ambient noise picked up by the mouthpiece often garbles the 
signal. For the use of voice carry-over, where the person can speak 
but not hear, the user needs to be able to turn the microphone on to 
speak and off to allow them to receive the TTY text replies.
    2. A TTY can be connected to and used with any 
telecommunications product supporting speech communication without 
requiring purchase of a special adapter, and the user is able to 
intermix speech and clear TTY communication. The most common 
approach today is to provide a RJ-11 jack. On very small products, 
where there may not be room for this large jack, a miniature or 
subminiature phone-jack wired as a ``headset'' jack (with both 
speaker and microphone connections) could be used as an alternate 
approach. In either case, a mechanism for turning the phone 
mouthpiece (microphone) on and off would reduce garbling in noisy 
environments, while allowing the user to speak into the microphone 
when desired (to conduct conversations with mixed voice and TTY). 
For equipment that combines voice communications, displays, 
keyboards and data communication functions, it is desirable to build 
in direct TTY capability.

Paragraph (f)

TTY Signal Compatibility

    1. Some telecommunications systems compress the audio signal in 
such a manner that standard signals used by a TTY is distorted or 
attenuated preventing successful TTY communication over the system. 
A TTY can be used with any product providing voice communication 
function.
    2. The de facto standard of domestic TTYs is Baudot which has 
been defined in ITU-T Recommendation V.18. Although the V.18 
standard has been adopted, products are not yet available which meet 
its requirements.
    3. This provision can be addressed by ensuring that the tones 
used can travel through the phones compression circuits undistorted. 
It is even more desirable to provide undistorted connectivity to the 
telephone line in the frequency range of 390 Hz to 2300 Hz (ITU-T 
Recommendation V.18), as this range covers all of the TTY protocols 
known throughout the world. An alternate strategy might be to 
recognize the tones, transmit them as codes, and resynthesize them 
at the other end. In addition, it should be possible for individuals 
using TTYs to conduct conversations with mixed voice and TTY, and to 
control all aspects of the product and receive any messages 
generated by the product.

[FR Doc. 97-9707 Filed 4-17-97; 8:45 am]
BILLING CODE 8150-01-P


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