19178 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

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.

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 docket@access-board.gov.

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:

cannon@access-board.gov.

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 (http://www.access-board.gov/pubs/

taacrpt.htm).

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
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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
19180 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

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:

• The guidelines must be specific

enough that one can determine when

they have been followed.

• The guidelines must be sufficiently

flexible to give manufacturers the

freedom to innovate.

• Products should be made accessible

to and usable by people with as wide a

range of abilities or disabilities as is

readily achievable.

• 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.

• 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.

• Because telecommunications

technology is changing so rapidly, it is

expected that the guidelines will need

to be updated on a regular basis.

• 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.

• 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 nonmandatory 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
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 19181

1See 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).

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.1

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-tospeech 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
19182 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

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 directconnect 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 § 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

(http://trace.wisc.edu/world/telecomm/)

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

§ 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
19184 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

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 §§ 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
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 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, onscreen 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
19186 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

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 crossindustry 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
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 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-totalk mode should be available.

Paragraph (f) requires products

providing voice communication

functionality to be able to support use

of all cross-manufacturer nonproprietary 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 § 1193.3 (Definitions)

and § 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.
19188 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

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.......................................×60

Hours per response ................×.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...................................×3000

Hours per response.............×.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:

• 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;

• 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;

• Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

• 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).
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 19189

Subpart A—General

§ 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).

§ 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.

§ 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

§ 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.

§ 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.

§ 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.

§ 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
19190 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

telecommunications in an accessible

format. In particular, signal compression

technologies shall not remove

information needed for access or shall

restore it upon decompression.

§ 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

§ 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 §§ 1193.33, 1193.35, and

1193.37 as applicable.

§ 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.

§ 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.

§ 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

§ 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 crossindustry 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 crossindustry 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 touchoperated 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 nonproprietary standard signals used by

TTYs.
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 19191

1This information was provided by the American

Foundation for the Blind.

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 (http://trace.wisc.edu/world/telecomm/).

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.1 The

Access Board maintains a list of disabilityrelated organizations that can provide

information on local companies that produce

information in alternate formats. The list is

available by contacting the Access Board.

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 redo 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 online 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 (•) 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

81⁄2¥11 inches. Always use 1 inch margins.

Lines longer than 61⁄3 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 creamcolored 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 11⁄4 (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
19192 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

2This information was provided by the WGBH

Foundation which specializes in closed captioning

and descriptive video for persons with disabilities.

3This 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.

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 halfspeed four-sided copies. Although unit costs

can be reduced by using the four-track, halfspeed 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.2

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.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 noncaptioned video restrict access for people

who are deaf or hard of hearing.

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 online 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.
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 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 touchactivated 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.
19194 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

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 § 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

§ 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 nonreversible 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 § 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
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 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.
19196 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

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 builtin 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 § 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
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 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 (nonacoustic) 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