Telecommunications Act Accessibility Guidelines

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 [email protected]. 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: [email protected].

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

[[Page 19180]]

tones interrupting business meetings. Finally, an audio adjunct to

caller ID not only enables individuals who are blind to learn the

identity of a caller, but enables people eating dinner to identify

callers without leaving the dinner table.

Manufacturers are increasingly finding that by making a product

accessible for people with disabilities, the product becomes more

usable by other customers as well. For example, a recent article

(Murphy, ``Investing in Voice'', Wired, March 1997, at 100) highlights

the growing importance of voice recognition technology. At least two of

the companies cited for leading edge advances in this field originally

developed the technology as peripheral devices and software to provide

access for individuals with disabilities. However, it was quickly

discovered that other customers benefitted from the change. Clearly,

Universal Design works in both directions. Some members of TAAC

reported that adding accessibility features (e.g., adding voice to

caller ID) increased sales.

Question 1: The Board seeks any other available information on

whether adding accessibility features has actually increased sales.

The Board encourages the use of Universal Design in the manufacture

of telecommunications equipment and customer premises equipment. For

some time, Pacific Bell has had a program to consider Universal Design

in products and services, and Bell Atlantic and NYNEX recently held a

joint press conference to announce their plans to embrace such

principles. They stated that, if incorporated early enough in the

design process, the cost of accessibility was insignificant.

In developing its recommendations to the Board, the Committee

recommended that accessibility guidelines required by section 255,

adhere to the following principles:

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 non-mandatory

strategies for addressing these guidelines.

Subpart A--General

Section 1193.1 Purpose

This section describes the purpose of the guidelines which is to

provide specific guidance for the accessibility, usability, and

compatibility of telecommunications equipment and customer premises

equipment covered by the Telecommunications Act of 1996. Section 255(b)

of the Act requires that manufacturers of telecommunications equipment

or customer premises equipment shall ensure that the equipment is

designed, developed, and fabricated to be accessible to and usable by

individuals with disabilities, if readily achievable. Section 255(d) of

the Act requires that whenever it is not readily achievable to make a

product accessible, a manufacturer shall ensure that the equipment is

compatible with existing peripheral devices or specialized customer

premises equipment commonly used by individuals with disabilities to

achieve access, if readily achievable. The requirement for the Board to

issue accessibility guidelines is contained in section 255(e) which

specifies the issuance of guidelines by August 8, 1997.

Section 1193.2 Scoping

This section provides requirements for accessibility, usability,

and compatibility of telecommunications equipment and customer premises

equipment.

The guidelines apply to telecommunications equipment and customer

premises equipment required by section 255(b) to be designed,

developed, and fabricated to be accessible to and usable by individuals

with disabilities, if readily achievable. By grouping ``design, develop

and fabricate'' together, section 255(b) suggests that the requirement

applies to new equipment designed, developed and fabricated after

February 8, 1996. The FCC agrees that the requirement of section 255(b)

became effective on that date. See Notice of Inquiry, FCC 96-382, page

3 (September 17, 1996). The application of these guidelines to new

products designed, developed and fabricated between the effective date

of the Act and the effective date of the Board's final guidelines is a

matter for the FCC to determine.

These guidelines apply to all telecommunications equipment and

customer premises equipment. Some members of the TAAC, and some

comments to the FCC's Notice of Inquiry, argued that ``equipment'' can

be interpreted as either singular or plural, therefore, allowing

accessibility to be applied on a ``product line'' basis rather than to

individual products. Manufacturers create multiple products in the same

product line in order to offer customers a choice of options and

features. The Board finds no evidence in the statute or its legislative

history that Congress intended individuals with disabilities to have

fewer choices in selecting products than the general public. Therefore,

all products are subject to these guidelines.

Manufacturers periodically change, upgrade, or distribute new

releases of existing products. Therefore, this section requires that

when these events occur, manufacturers shall evaluate the accessibility

features, and incorporate those features into existing products when

readily achievable. Minor or insubstantial changes that do not affect

functionality need not trigger accessibility reviews pursuant to these

guidelines.

Section 1193.3 Definitions

With a few exceptions discussed below, the definitions in this

section are the same as the definitions used in the Telecommunications

Act of 1996.

Accessible. Subpart C contains the minimum requirements for

accessibility. Therefore, the term accessible is defined as meeting the

provisions of Subpart C.

Alternate Formats. Certain product information is required to be

made

[[Page 19181]]

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

---------------------------------------------------------------------------

\1\ See Declaratory Ruling, DA 93-122 , 8 FCC Rcd 6171, 6174

(Com. Car. Bur. 1993) (TOCSIA Declaratory Ruling), recon. pending

(finding that definition of ``premises'' includes ``locations'' such

as airplanes, trains and rental cars, despite the fact that they are

mobile).

---------------------------------------------------------------------------

Manufacturer. This definition is provided as a shorthand reference

for a manufacturer of telecommunications equipment and customer

premises equipment.

Peripheral Devices. Peripheral devices are referenced in section

255(d) of the Act, as equipment commonly used by individuals with

disabilities to achieve access to telecommunications equipment and

customer premises equipment. No definition is provided in the Act but

the term peripheral devices commonly refers to audio amplifiers, ring

signal lights, some TTYs, refreshable Braille translators, text-to-

speech synthesizers and similar devices. These devices must be

connected to a telephone or other customer premises equipment to enable

an individual with a disability to originate, route, or terminate

telecommunications. Peripheral devices cannot perform these functions

on their own.

Product. This definition is provided as a shorthand reference for

telecommunications equipment and customer premises equipment.

Readily Achievable. The Telecommunications Act defines ``readily

achievable'' as having the same meaning as in the Americans with

Disabilities Act (ADA) but the ADA applies the concept in an entirely

different context than the Telecommunications Act. The ADA applies the

term to the removal of architectural barriers in an existing building

or facility, whereas the Telecommunications Act applies the term to the

design, development and fabrication of new telecommunications equipment

and customer premises equipment. The factors which apply in the ADA

context may not be appropriate here. Section 301(9) of the ADA defines

readily achievable as follows:

``The term ``readily achievable'' means easily accomplishable and

able to be carried out without much difficulty or expense. In

determining whether an action is readily achievable, factors to be

considered include:

(A) the nature and cost of the action needed under this Act;

(B) the overall financial resources of the facility or facilities

involved in the action; the number of persons employed at such

facility; the effect on expenses and resources, or the impact otherwise

of such action upon the operation of the facility;

(C) the overall financial resources of the covered entity; the

overall size of the business of a covered entity with respect to the

number of its employees; the number, type, and location of its

facilities; and

(D) the type of operation or operations of the covered entity,

including the composition, structure, and functions of the workforce of

such entity; the geographic separateness, administrative or fiscal

relationship of the facility or facilities in question to the covered

entity.'' (42 U.S.C. 12181(9))

Since the ADA definition is intended to apply to the removal of

architectural barriers in existing buildings and facilities, the

factors relate to the cost of alterations, the financial resources of

the particular entity and its relationship to a parent entity, and the

corporate structure which might affect the allocation of resources.

In implementing title III of the ADA, the Department of Justice

(DOJ) adopted a slightly different wording for its definition, based,

in part, on the extensive legislative history of the ADA. The DOJ

definition of readily achievable is as follows:

``Readily achievable means easily accomplishable and able to be

carried out without much difficulty or expense. In determining whether

an action is readily achievable factors to be considered include--

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

(2) The overall financial resources of the site or sites involved

in the action; the number of persons employed at the site; the effect

on expenses and resources; legitimate safety requirements that are

necessary for safe operation, including crime prevention measures; or

the impact otherwise of the action upon the operation of the site;

(3) The geographic separateness, and the administrative or fiscal

relationship of the site or sites in question to any parent corporation

or entity;

(4) If applicable, the overall financial resources of any parent

corporation or entity; the overall size of the parent corporation or

entity with respect to the number of its employees; the number, type,

and location of its facilities; and

(5) If applicable, the type of operation or operations of any

parent corporation or entity, including the composition, structure, and

functions of the workforce of the parent corporation or entity.'' (28

CFR 36.104)

The DOJ definition makes clear the connection between parent entity

and subdivision and includes safety considerations related to the

possible disruption of construction or the inability to comply with the

strict requirements of an accessibility standard.

Substituting ``manufacturer'' for ``building'', ``facility'', or

``site'' makes partial sense but does not clarify how the factors would

be applied to the telecommunications industry. For one thing, the DOJ

rule makes it clear that, in evaluating whether a particular structural

modification is readily achievable, the covered entity starts with the

alteration provisions of the ADA Accessibility Guidelines (ADAAG).

Those provisions include the concept of ``technical infeasibility''

which relates to effects on the existing building's structural frame.

The factors in either of the above definitions do not explicitly

include technical

[[Page 19182]]

infeasibility. The TAAC, therefore, considered explicitly including the

concept of ``technologically feasible'' as a factor in determining what

is readily achievable.

The definition of readily achievable in section 1193.3 includes

only the first phrase from the ADA definition. The Board intends to

include an appendix section in the final rule containing a discussion

of factors for determining when an action is readily achievable. The

FCC asked questions in its Notice of Inquiry regarding the readily

achievable factors and their application to the telecommunications

industry and intends to issue guidance on the application of the

readily achievable limitation in the telecommunications context. The

Board will coordinate its rulemaking with any FCC proceeding.

Question 2: The Board seeks comment regarding the definition of

readily achievable in the telecommunications context. (a) What factors

translate from the ADA or DOJ definition of readily achievable, which

address the built environment, to the telecommunications industry? (b)

Both the ADA and the DOJ definitions specify that overall resources and

overall size of a covered entity are factors in determining whether an

action is readily achievable. Should a large company be expected to

provide more accessibility in its products than a small company with

limited production capacity or narrow design experience? (c) If small

companies are expected to provide less accessibility in its products

than large companies, would small companies have a competitive

advantage in the marketplace? (d) Is the concept of ``technologically

feasible'' an appropriate factor? (e) In the ADA context, ``resources''

refer only to financial resources but are there other resources in the

telecommunications context, such as information, design expertise,

knowledge of specific manufacturing techniques or procedures, or

availability of certain kinds of technological solutions? (f) Finally,

are there other factors to be considered in defining ``readily

achievable'' in these guidelines? Since the success of these guidelines

depends largely upon the term ``readily achievable'' the Board is

concerned that this term is appropriately applied. Further discussion

of these issues is provided in section 1193.21.

Specialized Customer Premises Equipment. Section 255(d) of the

Telecommunications Act requires that whenever it is not readily

achievable to make a product accessible, a manufacturer shall ensure

that the equipment is compatible with existing peripheral devices or

specialized customer premises equipment commonly used by individuals

with disabilities to achieve access, if readily achievable. The

Telecommunications Act does not define specialized customer premises

equipment. As discussed above, the Act defines customer premises

equipment as ``equipment employed on the premises of a person (other

than a carrier) to originate, route, or terminate telecommunications''.

The Board views specialized customer premises equipment as a subset of

customer premises equipment.

The Act and its legislative history do not make it clear whether

Congress intended to treat specialized customer premises equipment

differently from peripheral devices. The Act appears to treat this

equipment in the same manner as peripheral devices. However, certain

specialized equipment, such as direct-connect TTYs, can originate,

route, or terminate telecommunications without connection to anything

else. Equipment which can independently originate, route or terminate

telecommunications is customer premises equipment and must meet the

requirements of Subpart C, if readily achievable. Where accessibility

is not readily achievable, customer premises equipment (including

specialized customer premises equipment) must be compatible with other

devices.

If specialized customer premises equipment can originate, route, or

terminate telecommunications, it appears that for purposes of these

guidelines, the equipment should be treated the same as customer

premises equipment.

Question 3: The Board seeks comment on how specialized customer

premises equipment should be treated. Should this equipment be treated

the same as peripheral devices or treated differently than peripheral

devices?

TTY. This definition is taken from the ADA Accessibility

Guidelines, primarily for consistency with other statutes and

regulations.

Usable. This definition is included to convey the important point

that products which have been designed to be accessible are usable only

if an individual has adequate information on how to operate the

product. Further discussion of usability is provided in section

1193.25.

Subpart B--General Requirements

Section 1193.21 Accessibility and Compatibility

This section provides that where readily achievable,

telecommunications equipment and customer premises equipment shall

comply with the specific technical provisions of Subpart C. Where it is

not readily achievable to comply with Subpart C, telecommunications

equipment and customer premises equipment shall comply with the

provisions of Subpart D, if readily achievable. This is a restatement

of the Act and sets forth the readily achievable limitation which

applies to all subsequent sections of these guidelines.

It is the responsibility of a manufacturer to determine whether

compliance with any particular provision is readily achievable. Some of

the factors which might be considered are those discussed under

Sec. 1193.3 in the definition of readily achievable. The possible

factors include the cost of compliance, balanced with the financial

resources of the manufacturer, taking into account whether compliance

is technologically feasible. The resources to be considered might

include those of any parent entity, depending on the extent to which

those resources can be made available to the subsidiary.

In the telecommunications industry, the ``resources'' to be

considered may be more than financial. Resources could include design

expertise, knowledge of specific manufacturing techniques, or

availability of certain kinds of technological solutions. On the other

hand, absence of direct experience with, or knowledge of, accessibility

solutions is not necessarily automatic grounds for determining that an

action is not readily achievable. Manufacturers are expected to seek

out information and develop expertise. In addition, manufacturers may

be able to utilize expertise from outside sources rather than

developing it in-house. The U.S. Department of Education's National

Institute of Disability and Rehabilitation Research funds a research

center focusing on access to telecommunications. Currently, the

grantees consist of the Trace Research and Development Center,

Gallaudet University, and the World Institute on Disability. The Trace

Center maintains a site on the Internet (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

[[Page 19183]]

difficult to assess what it might cost before it is developed. Also, it

may be difficult to assess the cost of information acquisition. For

example, if a current employee is given the task of becoming familiar

with access technology, and can do so with minimal negative impact on

other work, such information acquisition is not an additional cost

borne by the manufacturer. In fact, such acquisition is a positive

asset to the company because it improves its competitive advantage. On

the other hand, if this activity displaces other tasks, especially if

another person must be hired, the cost of the new employee may be a

direct cost attributable to the information task, insofar as the new

employee's time is compensating for the additional work load. Moreover,

such costs may not be associated with a particular product since the

costs are part of future product design. Some of those costs are also

not associated with this rule since the statute has already imposed

them.

Question 4: The Board, seeks any information on the incremental

costs which this proposed rule might add beyond normal product

development costs and those already imposed by the statute.

In addition to available resources, the application of the readily

achievable limitation might depend on what is technologically feasible.

Since technology is constantly changing, what is not readily achievable

now may be in the future. As a result, the evaluation of what is

readily achievable is an ongoing activity. It is critical, therefore,

that manufacturers incorporate accessibility consideration as early as

possible into the design process. A design solution may be readily

achievable if incorporated early enough, but may not be later in the

process. Further discussion of these issues is provided in

Sec. 1193.23.

Furthermore, technological change is not the only factor that

determines whether something is readily achievable. As the

manufacturer's knowledge base and experience increase, certain things

will become easier. Thus, some design solutions may not be readily

achievable, not because the technology is lacking, but because the

manufacturer has not yet fully implemented its design process.

Section 1193.23 Product Design, Development, and Evaluation

This section requires manufacturers to evaluate the accessibility,

usability, and compatibility of telecommunications equipment and

customer premises equipment and incorporate such evaluation throughout

product design, development, fabrication, and delivery, as early and

consistently as possible. Manufacturers are required to develop a

process to ensure that barriers to accessibility, usability, and

compatibility are identified throughout product design and development,

from conceptualization to distribution. The details of such a process

will vary from one company to the next, so this section does not

specify its structure or specific content. Instead, this section sets

forth a series of factors that a manufacturer must consider in

developing such a process. How, and to what extent, each of the factors

is incorporated in a specific process is up to the manufacturer, so

long as due consideration is given to each. This section does not

require that such a process be submitted to any entity or that it even

be in writing. The requirement is outcome-oriented, and a process could

range from purely conceptual to formally documented, as suits the

manufacturer.

In particular, a manufacturer must consider how it could include

individuals with disabilities in target populations of market research.

In this regard, it is important to realize that any target population

for which a manufacturer might wish to focus a product contains

individuals with disabilities, whether it is teenagers, single parents,

women between the ages of 25 and 40, or any other subgroup, no matter

how narrowly defined. Any market research which excludes individuals

with disabilities will be deficient.

Similarly, including individuals with disabilities in product

design, testing, pilot demonstrations, and product trials will

encourage appropriate design solutions to accessibility barriers. In

addition, such involvement may result in designs which have an appeal

to a broader market.

Working cooperatively with appropriate disability-related

organizations is a key recommendation of the TAAC and is one of the

factors that manufacturers must consider in their product design and

development process. The primary reason for working cooperatively is to

exchange relevant information. This is a two-way process since the

manufacturer will get information on barriers to the use of its

products, and may also be alerted to possible sources for solutions.

The process will also serve to inform individuals with disabilities

about what is readily achievable. In addition, manufacturers will have

a conduit to a source of subjects for market research and product

trials.

Finally, manufacturers must consider how they can make reasonable

efforts to validate any unproven access solutions through testing with

individuals with disabilities or with appropriate disability-related

organizations that have established expertise with individuals with

disabilities. It is important to obtain input from persons or

organizations with established expertise to ensure that input is not

based merely on individual preferences or limited experience.

Section 1193.25 Information, Documentation, and Training

Paragraph (a) of this section requires that manufacturers provide

access to information and documentation. This information and

documentation includes user guides, installation guides, and product

support communications, regarding both the product in general and the

accessibility features of the product. Information and documentation

should be provided to people with disabilities at no additional charge.

Alternate formats or alternate modes of this information is also

required to be available. Manufacturers are also required to ensure

usable customer support and technical support, upon request, in the

call centers and service centers, which support their products.

The specific alternate format or mode to be provided is that which

is usable by the customer. Obviously, it does no good to provide

documentation in Braille to someone who does not read it. While the

user's preference is first priority, manufacturers are not expected to

stock copies of all materials in all possible alternate formats and may

negotiate with users to supply information in other formats. For

example, Braille is extremely bulky and can only be read by a minority

of individuals who are blind. Audio cassettes are usable by more people

but are difficult for users to find a specific section or to skip from

one section to the next. Documentation provided on disk in ASCII format

can often be accessed by computers with appropriate software, but is

worthless if the information sought is how to set up the computer in

the first place. Of course, if instructions are provided by videotape,

appropriate audio description would be needed for persons who are blind

and captions would be needed for persons who are deaf or hard of

hearing.

Ensuring usable customer support may mean providing a TTY number,

since the usual complicated voice menu systems cannot be used by

individuals who are deaf. Also, if such menu

[[Page 19184]]

systems require quick responses, they may not be usable by persons with

other disabilities. See the appendix for guidance on how to provide

information in alternate formats and modes.

Paragraph (b) requires manufacturers to include in general product

information the name and telephone number of a contact point for

obtaining the information required by paragraph (a). The name of the

contact point can be an office of the manufacturer rather than an

individual.

Paragraph (c) requires manufacturers to provide employee training

appropriate to an employee's function. In developing, or incorporating

existing training programs, consideration shall be given to the

following factors: Accessibility requirements of individuals with

disabilities; means of communicating with individuals with

disabilities; commonly used adaptive technology used with the

manufacturer's products; designing for accessibility; and solutions for

accessibility and compatibility.

Obviously, not every employee needs training in all factors.

Designers and developers need to know about barriers and solutions.

Technical support and sales personnel need to know how to communicate

with individuals with disabilities and what common peripheral devices

are compatible with the manufacturer's products. Other employees may

need a combination of this training. No specific program is required by

this section and the manufacturer is free to address the needs in

whatever way it sees fit, as long as the training results in the

provision of effective information.

Section 1193.27 Information Pass Through

This section requires telecommunications equipment and customer

premises equipment to pass through all codes, translation protocols,

formats or any other information necessary to provide

telecommunications in an accessible format. In particular, signal

compression technologies shall not remove information needed for access

or shall restore it upon decompression. Some transmissions include

codes or tags embedded in ``unused'' portions of the signal to provide

accessibility. For example, closed captioning information is usually

included in portions of a video signal not seen by users without

decoders. This section prohibits telecommunications equipment and

customer premises equipment from stripping out such information or

requires the information to be restored at the end point.

Section 1193.29 Prohibited Reduction of Accessibility, Usability, and

Compatibility

This section provides that no change shall be undertaken which

decreases or has the effect of decreasing the accessibility, usability,

and compatibility of telecommunications equipment or customer premises

equipment to a level less than the requirements of these guidelines.

Subpart C--Requirements for Accessibility

Section 1193.31 Accessibility

This section provides that, subject to the general provisions of

Subpart B, manufacturers must design, develop and fabricate their

products to meet the specific requirements of Secs. 1193.33, 1193.35

and 1193.37.

Sections 1193.35 and 1193.37 are organized according to the

recommendations contained in chapter five ``Performance Guidelines'' of

the TAAC report and are divided according to input or output. This

organization of functions is consistent with common computer

functionality but may not be the most appropriate organization for

designers and developers to apply.

Question 5: Other ways of organizing functions may be more

appropriate. The Board seeks comment on other approaches to organizing

functions and requirements that might be easier to understand and

implement.

Section 1193.33 Redundancy and Selectability

This section requires that products incorporate multiple modes for

input and output functions and that the user be able to select the

desired mode. Since there is no single interface design that

accommodates all disabilities, accessibility is likely to be

accomplished through product designs which emphasize interface

flexibility to maximize user configurability and multiple, alternative

and redundant modalities of input and output.

Selectability is especially important where an accessibility

feature for one group of individuals with disabilities may conflict

with an accessibility feature for another. A conflict may arise between

captions, provided for persons who are deaf or hard of hearing, and a

large font size, for persons with low vision. The resulting caption

would either be so large that it obscures the screen or need to be

scrolled or displayed in segments for a very short time. This potential

problem could be solved by allowing the user to switch one of the

features on and off. Of course, it may not be readily achievable to

provide all input and output functions in a single product or to permit

all functions to be selectable. For example, switching requires control

mechanisms which must be accessible and it may be more practical to

have multiple modes running simultaneously. Nevertheless, it is

preferable for the user to be able to turn on or off a particular mode.

Section 1193.35 Input, Controls, and Mechanical Functions

This section requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode which meets each of the following paragraphs. This means each

of the product's input, control and mechanical functions must be

evaluated against each of paragraphs (a) through (i) to ensure that

there is at least one mode that meets each of those requirements. Of

course, there may be one mode which meets more than one of the specific

provisions. This section does not specify how the requirement is to be

met but only specifies the outcome. It provides a ``checklist'' for

evaluating products. The appendix to this rule contains a set of

strategies which may help in developing solutions. In some cases, a

particular strategy may be directly applicable while a different

strategy may be a useful starting point for further exploration.

Paragraph (a) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode without requiring the user to see. Individuals with severe

visual disabilities or blindness cannot locate or identify controls,

latches, or input slots by sight or operate controls that require

sight. Touchscreens, visual indicators or prompts, and flat keypads

with undifferentiated keys are all barriers to individuals who are

blind. On the other hand, many software programs include a tone or

chord to accompany on-screen displays or upon start-up which alert

users about the status of the product. Some telephones provide an

intermittent tone to indicate that a call is on hold (although a

flashing light is frequently the only way to know which line is active

on a multi-line phone, a condition which would not meet this

requirement). Providing voice output for on-screen display messages

would satisfy this provision.

Paragraph (b) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode by individuals who have low vision but are not legally blind,

and which does not rely on audio output. Visual acuity of

[[Page 19185]]

20/70 after correction is commonly regarded as the beginning of low

vision; visual acuity of 20/200 after correction is the beginning of

legal blindness; a field of vision of less than 20 degrees after

correction also constitutes legal blindness. Individuals with visual

disabilities often also have hearing disabilities, especially older

individuals, and cannot rely on audio access modes commonly used by

people who are blind. However, some strategies for making functions

accessible to persons who are blind will also satisfy the requirements

of this paragraph.

Paragraph (c) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode that does not require user color perception. Many people have

an inability to see or distinguish between certain color combinations.

Others are unable to see color at all. This requirement does not mean

that color should not be used, but that it not be the only means of

identifying, locating or operating functions.

Paragraph (d) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode without requiring the user to hear. Individuals who are deaf

or hard of hearing cannot always locate or identify those controls or

functions that require hearing.

Paragraph (e) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode that does not require fine motor control or simultaneous

actions. Individuals with tremor, cerebral palsy, paralysis, arthritis,

or artificial hands may have difficulty operating systems which require

fine motor control, assume a steady hand, or require two hands or

fingers for operation, such as requiring two keys to be pushed

simultaneously.

Paragraph (f) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode that is operable with limited reach and strength. Individuals

with high spinal cord injuries, arthritis, and other conditions may

have difficulty operating controls which require reach or strength.

This provision does not specify limits on reach or strength. The ADA

Accessibility Guidelines specify that controls and operating mechanisms

not require ``* * * tight grasping, pinching or twisting of the wrist''

and limits the force required to five pounds. See ADAAG section 4.27.4.

Question 6: The Board seeks comment on whether the ADAAG provisions

regarding tight grasping, pinching or twisting of the wrist and the

force required to operate controls, or some other provision, should be

included in this paragraph.

Paragraph (g) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode that does not require a sequential response within a three

second period, or requires the response time to be selected or

adjustable by the user over a wide range. Individuals with physical,

sensory and cognitive disabilities may not be able to find, read and

operate a control quickly. The three second time frame is derived from

anecdotal evidence on the response time some individuals with

disabilities need to activate sequential controls.

Question 7: The Board seeks comment on whether this three second

period is adequate or whether some other time frame is more

appropriate. If possible, please supply any information that supports

this or any other time interval.

Paragraph (h) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode that does not require speech. Products which require speech

for operability, and which do not provide an alternate way to achieve

the same function will not be usable by individuals who cannot speak or

speak clearly.

Paragraph (i) requires product input, control and mechanical

functions to be locatable, identifiable, and operable through at least

one mode that minimizes the cognitive, memory, language, and learning

skills required of the user to operate the product. Many individuals

have reduced cognitive abilities either from birth, accident, illness,

or aging. These include reduced memory, sequencing, reading, and

interpretive skills.

Section 1193.37 Output, Displays, and Control Functions

Section 1193.37 applies to output, displays, and control functions

which are necessary to operate products. This includes lights and other

visual displays and prompts, alphanumeric characters and text, static

and dynamic images, icons, screen dialog boxes, and tones and beeps

which provide operating cues or control status.

Paragraph (a) requires voice communication to meet certain

requirements for users of hearing aids and other similar technologies.

Voice communication is the actual voice output from the transmission

source, not the incidental operating sounds (e.g., tones, chords, and

beeps) or synthetic speech generated by the product itself to provide

information about operation or control status.

Paragraph (b)(1) requires that information which is presented

visually also be available in auditory form. Some individuals have

difficulty seeing or reading, or cannot see or read. The flashing

buttons on a multi-line phone which indicate which lines are open or

holding are particularly problematic for individuals who are blind.

Also, on-screen dialogue boxes and error messages are not usable

without additional output.

Paragraph (b)(2) requires that information which is provided

through a visual display shall not require visual acuity better than

20/70 and shall not rely on audio.

Paragraph (b)(3) requires that text which is presented in a moving

fashion also be available in a static presentation mode at the option

of the user. Moving text can be an access problem because individuals

with low vision, or people with physical or sensorimotor disabilities

find it difficult or impossible to track moving text with their eyes.

This provision does not apply to the text on a TTY since that text is

controlled directly by the sender. A recipient who has difficulty

perceiving moving text can ask the sender to type slower or pause

periodically.

Paragraph (b)(4) requires that information which is provided

auditorially be available in visual form and, where appropriate, in

tactile form. Individuals who are deaf or hard of hearing may be unable

to hear auditory output or to hear mechanical and other sounds that are

emitted by a product which may be needed for its safe or effective

operation.

Paragraph (b)(5) requires information which is provided

auditorially to be available in enhanced auditory fashion (i.e.,

increased amplification, or increased signal-to-noise ratio).

Individuals who are hard of hearing may prefer to use their residual

hearing as an alternative to access strategies used by people who are

deaf. The direct voice output of a caller is specified further in

paragraphs (b)(9) and (b)(10).

Paragraph (b)(6) requires that flashing visual displays and

indicators shall not exceed a frequency of 3 Hz to avoid triggering a

seizure in an individual with photosensitive epilepsy. Individuals with

photosensitive epilepsy can have a seizure triggered by displays which

flicker or flash, particularly if the flash has a high intensity and is

within certain frequency ranges. The maximum flash rate of 3 Hz is

derived from research the Access Board sponsored on visual fire

[[Page 19186]]

alarms which typically use high intensity Xenon strobes.

Question 8: The Board seeks comment on whether the 3 Hz value is

appropriate for these guidelines or whether some other value is more

appropriate. If possible, please supply information that supports this

or any other value.

Question 9: The TAAC also recommended a similar provision for non-

inducement of seizures triggered by auditory stimuli. However, the

Board does not have information to set the parameters for such a

requirement. The Board seeks comment on whether such a requirement

should be included and any information that supports a provision.

Paragraph (b)(7) requires products which use audio output modes, to

have an industry standard connector for headphones or personal

listening devices which cuts off the audio speakers when a handset is

picked up or the headphones are plugged in. Individuals using the audio

output mode, as well as individuals using a product with the volume

turned up, need a way to limit the range of audio broadcast.

Paragraph (b)(8) requires that products shall not cause

interference to hearing technologies (including hearing aids, cochlear

implants, and assistive listening devices) which are used by a product

user or bystanders. In the fall of 1995, the FCC formed a steering

committee to initiate a summit on hearing aid compatibility and

accessibility to digital wireless telecommunications. The purpose of

this summit was to continue and formalize discussions among

organizations representing people with hearing loss, hearing aid

manufacturers, and the digital wireless telephone industry, with the

ultimate goal of resolving the issues involved.

A summit meeting was held on January 3-4, 1996, in Washington, DC.

At this summit meeting three working groups were formed. The long-term

solutions user and bystander interference group reached a consensus

that a standards project was needed to document the definition of and

method of measurement for hearing aid compatibility and accessibility

to wireless telecommunications.

Subsequently, the American National Standards Institute's (ANSI)

C63 Committee was petitioned to undertake a joint standards project

documenting the methods of measurement and defining the limits for

hearing aid compatibility and accessibility to wireless

telecommunications. At its April 1996 meeting, ANSI C63 established a

task group under its subcommittee on medical devices to work toward the

development of such standards. The C63.19 task group is continuing to

develop its standard, C63.19-199X, American National Standard for

Methods of Measurement for Hearing Aid Compatibility with Wireless

Communications Devices. When the standard is completed, the Board

intends to reference it in the appendix to these guidelines.

Paragraph (b)(9) requires products providing auditory output by an

audio transducer which is normally held up to the ear to provide a

means for effective wireless coupling to hearing aids. Generally, this

means the earpiece generates sufficient magnetic field strength to

induce an appropriate field in a hearing aid T-coil. The output in this

case is the direct voice output of the transmission source, not the

``machine language'' such as tonal codes transmitted by TTYs.

Paragraph (b)(10) requires products to be equipped with volume

control that provides an adjustable amplification ranging from 18-25 dB

of gain. The gain is to the voice output intended to be heard by the

listener, not Baudot, ASCII, or other machine codes. The proposed level

of amplification is different from that required under the Hearing Aid

Compatibility Act and the FCC's regulations. The FCC requires volume

control that provides, through the receiver in the handset or headset

of the telephone, 12 dB of gain minimum and up to 18 dB of gain

maximum, when measured in terms of Receive Objective Loudness Rating.

(See 47 CFR 68.317(a)).

Question 10: Since functions requiring voice communication are more

specific than the general output functions covered by this section, the

Board seeks comment on whether moving the requirements of paragraphs

(b)(9) and (b)(10) to a different section would be less confusing to

designers and manufacturers.

Subpart D--Requirements for Compatibility With Peripheral Devices and

Specialized Customer Premises Equipment

Section 1193.41 Compatibility

Section 1193.41 requires that when it is not readily achievable to

make a product accessible, the product must be compatible with existing

peripheral devices or specialized customer premises equipment commonly

used by individuals with disabilities to achieve access, if readily

achievable.

Paragraph (a) requires information needed for the operation of a

product (including output, alerts, icons, on-line help, and

documentation) to be available in a standard electronic text format on

a cross-industry standard port. It also requires that all input to and

control of a product shall allow for real time operation by electronic

text input into a cross-industry standard external port and in cross-

industry standard format which do not require manipulation of a

connector by the user. Products shall also provide a cross-industry

standard connector which may require manipulation.

Some individuals with severe or multiple disabilities are unable to

use the built-in displays and control mechanisms on a product and may

need to attach a peripheral device. For example, the requirement for a

standard electronic text format could mean that the product could be

controlled and operated through a laptop computer or similar device

that was adapted to the needs of a specific individual. The requirement

for cross-industry standardization means that the product cannot employ

odd or proprietary protocols or codes. Manufacturers must use industry

standards where they exist. In fact, a number of industry standards

already exist such as IrDA standard 1.1 and standard RJ-11 phone

connectors. In addition, if audio output is delivered through a

standard 9 mm phone jack, it can be used by any common personal audio

headset on the market.

The cross-industry standard port has two components, one which does

not require manipulation of a connector by the user, and one which may.

The intent is to move toward the use of wireless connection

technologies, such as infrared, because some individuals with

disabilities will have difficulty manipulating plugs and connectors.

However, the Telecommunications Act requires compatibility with devices

``* * * commonly used by individuals with disabilities'' to achieve

access. Many devices in use today are not equipped with infrared or

other wireless ports. That is why the cross-industry standard port can

also require manipulation, such as a plug.

For some peripheral devices, a simple infrared transceiver can be

plugged into a convenient serial or parallel port. Providing such a

device to consumers with the appropriate peripheral devices may allow

manufacturers to meet both requirements.

Paragraph (b) requires products providing auditory output to

provide the auditory signal through an industry standard connector at a

standard signal level. Individuals using amplifiers, audio couplers,

and other audio processing devices need a place to tap

[[Page 19187]]

into the audio generated by the product in a standard way.

Paragraph (c) requires that products not cause interference to

hearing technologies (including hearing aids, cochlear implants, and

assistive listening devices) of a product user or bystander.

Individuals who are hard of hearing use hearing aids and other

assistive listening devices, but they cannot be used if products

introduce noise into the listening aids because of stray

electromagnetic interference. See the discussion at section

1193.37(b)(8) regarding a technical standard for acceptable

interference levels which is currently being developed through the

American National Standards Institute.

Paragraph (d) requires touchscreen and touch-operated controls to

be operable without requiring body contact or close body proximity.

Individuals who have artificial hands or use headsticks or mouthsticks

to operate products have difficulty with capacitive or heat-operated

controls which require contact with a person's body.

Paragraph (e) requires that products which provide a function

allowing voice communication and which do not themselves provide a TTY

functionality shall provide a standard non-acoustic connection point

for TTYs. It shall also be possible for the user to easily turn any

microphone on the product on and off to enable the user who can talk to

intermix speech with TTY use. Individuals who use TTYs to communicate

must have a non-acoustic way to connect TTYs to telephones in order to

obtain clear TTY connections, such as through a direct RJ-11 connector.

When a TTY is connected directly into the network, it must be possible

to turn off the acoustic pickup (microphone) to avoid having background

noise in a noisy environment mixed with the TTY signal. Since some TTY

users make use of speech for outgoing communications, the microphone

on/off switch should be easy to flip back and forth or a push-to-talk

mode should be available.

Paragraph (f) requires products providing voice communication

functionality to be able to support use of all cross-manufacturer non-

proprietary standard signals used by TTYs. Some products compress the

audio signal in such a manner that standard signals used by TTYs are

distorted or attenuated, preventing successful TTY communication. Use

of such technology is not prohibited as long as the compression can be

turned off to allow undistorted TTY communication. In addition, this

paragraph would require computer modems to support protocols which are

compatible with TTYs.

Regulatory Process Matters

Executive Order 12866

Under Executive Order 12866, the Board must determine whether these

guidelines are a significant regulatory action. The Executive Order

defines a ``significant regulatory action'' as one that is likely to

result in a rule that may:

``(1) Have an annual effect on the economy of $100 million or more

or adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

this Executive Order.''

For significant regulatory actions that are expected to have an

annual effect on the economy of $100 million or more or adversely

affect in a material way the economy, a sector of the economy,

productivity, competition, jobs, the environment, public health or

safety, or State, local, or tribal governments or communities, a

written assessment must be prepared of the costs and benefits

anticipated from the regulatory action and any potentially effective

and reasonably feasible alternatives to the planned regulation.

These guidelines have been developed to assist manufacturers of

telecommunications equipment and customer premises equipment comply

with section 255 of the Telecommunications Act of 1996. Manufacturers

are required to comply with section 255, and therefore these

guidelines, to the extent that it is readily achievable. As discussed

earlier in the preamble under Sec. 1193.3 (Definitions) and

Sec. 1193.21 (Accessibility and Compatibility), the term ``readily

achievable'' means ``easily accomplishable and able to be carried out

without much difficulty or expense.'' Each manufacturer will have to

determine the extent to which compliance is readily achievable,

balancing costs and available resources. The guidelines are also

largely performance based and give manufacturers considerable

flexibility in achieving design solutions. For these reasons, it is

difficult to assess the costs that may be attributable to the

guidelines. Questions are included in the proposed rule to elicit

specific information on the costs and benefits of the guidelines. At

this stage of the rulemaking, the Board has determined that the

proposed rule is not expected to have an annual effect on the economy

of $100 million or more or adversely affect in a material way the

economy, a sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local, or tribal

governments or communities. The Board will analyze the information

submitted during the comment period and other available data, and if it

is determined at the final rule stage that the guidelines are expected

to have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities, the required written assessment will be prepared.

The Board and the Office of Management and Budget (OMB) have

determined that the proposed rule meets the other criteria for a

significant regulatory action (i.e., the proposed rule raises novel

legal or policy issues arising out of legal mandates), and OMB has

reviewed the proposed rule.

The guidelines adhere to the principles of the Executive Order. The

Board has utilized an advisory committee comprised of representatives

of the telecommunications industry and disability groups to develop the

guidelines. The guidelines are based on the consensus recommendations

of the advisory committee, and represent a balanced and reasonable

means of achieving the objectives of section 255 of the

Telecommunications Act of 1996.

The Board has provided a 45 day comment period, instead of the

usual 60 day period, due to the statutory deadline for issuing a final

rule by August 8, 1997. As noted above, the guidelines have been

developed through an advisory committee process. The public was invited

to attend the advisory committee meetings and participate in

subcommittees and task groups. A listserv site was also established on

the Internet to allow the advisory committee and the public to conduct

discussions between meetings. The public has been afforded a meaningful

opportunity to participate in the development of the guidelines.

[[Page 19188]]

Regulatory Flexibility Act

The Board has determined that the proposed rule will not have a

significant economic impact on a substantial number of small entities,

and that it is therefore not necessary to prepare an initial regulatory

flexibility analysis. As discussed above, manufacturers of

telecommunications equipment and customer premises equipment are

required to comply with section 255 of the Telecommunications Act of

1996, and therefore these guidelines, to the extent that it is

``readily achievable'', which means that is ``easily accomplishable and

able to be carried out without much difficulty or expense.'' By its

terms, the statute recognizes differences in the size and resources of

manufacturers and minimizes the economic impact on small entities.

Questions are included in the proposed rule to elicit information on

how the size of an entity should affect what is readily achievable. The

Board will analyze the information submitted during the comment period,

and if it is determined at the final rule stage that the guidelines

will have a significant economic impact on a substantial number of

small entities, a final regulatory flexibility analysis will be

prepared.

Unfunded Mandates Reform Act

Under the Unfunded Mandates Reform Act, Federal agencies must

prepare a written assessment of the effects of any Federal mandate in a

proposed or final rule that may result in the expenditure by State,

local, and tribal governments, in the aggregate, or by the private

sector, of $100 million or more in any one year. As discussed above, at

this stage of the rulemaking, the Board has determined that the

proposed rule is not a significant regulatory action that will reach

the $100 million or more level. The proposed rule seeks specific

information on the costs and benefits of the guidelines. The Board will

analyze the information submitted during the comment period and other

available information, and if it is determined at the final rule stage

that the $100 million or more level is reached, the required written

assessment will be prepared.

Paperwork Reduction Act, Collection of Information: Telecommunications

Act Accessibility Guidelines

Section 1193.25 contains information collection requirements. As

required by the Paperwork Reduction Act of 1995, the Board has

submitted a copy of this section to the Office of Management and Budget

(OMB) for its review.

The public reporting and record keeping burden for this collection

of information is estimated to be 1,350 hours in order for

manufacturers of telecommunications equipment and customer premises

equipment to provide (1) a description of the accessibility and

compatibility features of the equipment on request; and (2) the name

and telephone number of a contact point for obtaining information

concerning the accessibility and compatibility features of the

equipment, alternate formats and customer and technical support for the

equipment.

The estimated burden associated with providing a description of the

accessibility and compatibility features of the equipment on request

was calculated as follows:

Respondents.........................................................150

Average responses

................................................... x 60

Hours per response..................................... x .08 (5

minutes)

Annual reporting burden.......................................720 hours

The estimated burden associated with providing the name and

telephone number of a contact point for obtaining information

concerning the accessibility and compatibility features of the

equipment, alternate formats and customer and technical support for the

equipment was calculated as follows:

Respondents.........................................................150

Average responses

................................................. x 3000

Hours per response................................... x .0014 (5

seconds)

Annual reporting burden.......................................630 hours

Total annual burden hours...................................1,350 hours

Organizations and individuals desiring to submit comments on the

information collection requirements should direct them to the Office of

Information and Regulatory Affairs, OMB, Room 10235, New Executive

Office Building, Washington, DC 20503; Attention: Desk Officer for the

Architectural and Transportation Barriers Compliance Board.

The Board will consider comments by the public on this proposed

collection of information in:

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).

[[Page 19189]]

Subpart A--General

Sec. 1193.1 Purpose.

This part provides guidelines for accessibility, usability, and

compatibility of telecommunications equipment and customer premises

equipment covered by the Telecommunications Act of 1996 (47 U.S.C.

255).

Sec. 1193.2 Scoping.

This part provides requirements for accessibility, usability, and

compatibility of new products and existing products which undergo

substantial change or upgrade, or for which new releases are

distributed. This part does not apply to minor or insubstantial changes

to existing products that do not affect functionality.

Sec. 1193.3 Definitions.

Terms used in this part shall have the specified meaning unless

otherwise stated. Words, terms and phrases used in the singular include

the plural, and use of the plural includes the singular.

Accessible. Telecommunications equipment or customer premises

equipment which comply with the requirements of subpart C of this part.

Alternate formats. Alternate formats may include, but are not

limited to, Braille, ASCII text, large print, and audio cassette

recording.

Alternate modes. Alternate modes may include, but are not limited

to, voice, fax, relay service, TTY, Internet posting, captioning, text-

to-speech synthesis, and audio description.

Compatible. Telecommunications equipment or customer premises

equipment which comply with the requirements of subpart D of this part.

Customer premises equipment. Equipment employed on the premises of

a person (other than a carrier) to originate, route, or terminate

telecommunications.

Manufacturer. A manufacturer of telecommunications equipment or

customer premises equipment.

Peripheral devices. Devices employed in connection with

telecommunications equipment or customer premises equipment to

translate, enhance, or otherwise transform telecommunications into a

form accessible to individuals with disabilities.

Product. Telecommunications equipment or customer premises

equipment.

Readily achievable. Easily accomplishable and able to be carried

out without much difficulty or expense.

Specialized customer premises equipment. (See Peripheral devices)

Telecommunications. The transmission, between or among points

specified by the user, of information of the user's choosing, without

change in the form or content of the information as sent and received.

Telecommunications equipment. Equipment, other than customer

premises equipment, used by a carrier to provide telecommunications

services, and includes software integral to such equipment (including

upgrades).

Telecommunications service. The offering of telecommunications for

a fee directly to the public, or to such classes of users as to be

effectively available directly to the public, regardless of the

facilities used.

TTY. An abbreviation for teletypewriter. Machinery or equipment

that employs interactive text based communications through the

transmission of coded signals across the standard telephone network.

TTYs can include, for example, devices known as TDDs (telecommunication

display devices or telecommunication devices for deaf persons) or

computers with special modems. TTYs are also called text telephones.

Usable. Means that individuals with disabilities have access to

instructions, product information (including accessible feature

information), documentation, and technical support functionally

equivalent to that provided to individuals without disabilities.

Subpart B--General Requirements

Sec. 1193.21 Accessibility and compatibility.

Where readily achievable, telecommunications equipment and customer

premises equipment shall comply with the requirements of subpart C of

this part. Where it is not readily achievable to comply with subpart C

of this part, telecommunications equipment and customer premises

equipment shall comply with the requirements of subpart D of this part,

if readily achievable.

Sec. 1193.23 Product design, development, and evaluation.

(a) Manufacturers shall evaluate the accessibility and usability of

telecommunications equipment and customer premises equipment and shall

incorporate such evaluation throughout product design, development,

fabrication, and delivery, as early and consistently as possible.

Manufacturers shall identify barriers to accessibility and usability as

part of such a product design and development process.

(b) In developing such a process, manufacturers shall consider the

following factors, as appropriate:

(1) Including individuals with disabilities in target populations

of market research;

(2) Including individuals with disabilities in product design,

testing, pilot demonstrations, and product trials;

(3) Working cooperatively with appropriate disability-related

organizations; and

(4) Making reasonable efforts to validate any unproven access

solutions through testing with individuals with disabilities or with

appropriate disability-related organizations that have established

expertise with individuals with disabilities.

Sec. 1193.25 Information, documentation, and training.

(a) Manufacturers shall provide access to information and

documentation including user guides, installation guides for end-user

installable devices, and product support communications, regarding both

the product in general and the accessibility features of the product,

at no additional charge; and shall take such other steps as necessary

including:

(1) Providing a description of the accessibility and compatibility

features of the product upon request, including, as needed, in

alternate formats or alternate modes;

(2) Providing end-user product documentation in alternate formats

or alternate modes upon request; and

(3) Ensuring usable customer support and technical support, upon

request, in the call centers and service centers which support their

products.

(b) Manufacturers shall include in general product information the

name and telephone number of a contact point for obtaining the

information required by paragraph (a) of this section.

(c) Manufacturers shall provide employee training appropriate to an

employee's function. In developing, or incorporating existing training

programs, consideration shall be given to the following factors:

(1) Accessibility requirements of individuals with disabilities;

(2) Means of communicating with individuals with disabilities;

(3) Commonly used adaptive technology used with the manufacturer's

products;

(4) Designing for accessibility; and

(5) Solutions for accessibility and compatibility.

Sec. 1193.27 Information pass through.

Telecommunications equipment and customer premises equipment shall

pass through all codes, translation protocols, formats or any other

information necessary to provide

[[Page 19190]]

telecommunications in an accessible format. In particular, signal

compression technologies shall not remove information needed for access

or shall restore it upon decompression.

Sec. 1193.29 Prohibited reduction of accessibility, usability, and

compatibility.

No change shall be undertaken which decreases or has the effect of

decreasing the accessibility, usability, and compatibility of

telecommunications equipment or customer premises equipment to a level

less than the requirements of this part.

Subpart C--Requirements for Accessibility

Sec. 1193.31 Accessibility.

When required by subpart B of this part, telecommunications

equipment and customer premises equipment shall be accessible to and

usable by individuals with disabilities and shall comply with

Secs. 1193.33, 1193.35, and 1193.37 as applicable.

Sec. 1193.33 Redundancy and selectability.

Telecommunications equipment and customer premises equipment shall

provide redundancy such that input and output functions are available

in more than one mode. Alternate input and output modes shall be

selectable by the user.

Sec. 1193.35 Input, controls, and mechanical functions.

Input, controls, and mechanical functions shall be locatable,

identifiable, and operable through at least one mode that complies with

the following:

(a) Operable without vision. Functions shall not require user

vision.

(b) Operable with low vision. Functions shall not require user

visual acuity better than 20/70, and shall not rely on audio output.

(c) Operable with little or no color perception. Functions shall

not require user color perception.

(d) Operable without hearing. Functions shall not require user

auditory perception.

(e) Operable with limited manual dexterity. Functions shall not

require fine motor control or simultaneous actions.

(f) Operable with limited reach and strength. Functions shall be

operable with limited reach and strength.

(g) Operable without time-dependent controls. Functions shall not

require a sequential response less than three seconds. Alternatively,

any response time may be selected or adjusted by the user over a wide

range.

(h) Operable without speech. Functions shall not require speech.

(i) Operable with limited cognitive skills. Functions shall

minimize the cognitive, memory, language, and learning skills required

of the user.

Sec. 1193.37 Output, displays, and control functions.

(a) Voice telecommunications shall comply with paragraphs (b)(9)

and (b)(10) of this section.

(b) All information necessary to operate and use the product,

including text, static or dynamic images, icons, or incidental

operating cues, shall be provided through at least one mode that

complies with the following:

(1) Availability of visual information. Information which is

presented visually shall also be available in auditory form.

(2) Availability of visual information for low vision users.

Information which is provided through a visual display shall not

require user visual acuity better than 20/70, and shall not rely on

audio.

(3) Access to moving text. Text, other than text output of a TTY,

which is presented in a moving fashion shall also be available in a

static presentation mode at the option of the user.

(4) Availability of auditory information. Information which is

provided in auditory form shall be available in visual form and, where

appropriate, in tactile form.

(5) Availability of auditory information for people who are hard of

hearing. Information which is provided in auditory form shall be

available in enhanced auditory fashion (i.e., increased amplification,

or increased signal-to-noise ratio).

(6) Prevention of visually-induced seizures. Flashing visual

displays and indicators shall not exceed a frequency of 3 Hz.

(7) Availability of audio cutoff. Products which use audio output

modes shall have an industry standard connector for headphones or

personal listening devices (e.g., phone-like handset or earcup) which

cuts off speakers when used.

(8) Non-interference with hearing technologies. Products shall not

cause interference to hearing technologies (including hearing aids,

cochlear implants, and assistive listening devices) of the user or

bystanders.

(9) Hearing aid coupling. Products providing auditory output by an

audio transducer which is normally held up to the ear shall provide a

means for effective wireless coupling to hearing aids.

(10) Availability of enhanced audio. Products shall be equipped

with volume control that provides an adjustable amplification ranging

from 18-25 dB of gain.

Subpart D--Requirements for Compatibility With Peripheral Devices

and Specialized Customer Premises Equipment

Sec. 1193.41 Compatibility.

When required by subpart B of this part, telecommunications

equipment and customer premises equipment shall be compatible with

peripheral devices and specialized customer premises equipment commonly

used by individuals with disabilities to achieve accessibility, and

shall comply with the following provisions, as applicable:

(a) External electronic access to all information and control

mechanisms. Information needed for the operation of products (including

output, alerts, icons, on-line help, and documentation) shall be

available in a standard electronic text format on a cross-industry

standard port and all input to and control of a product shall allow for

real time operation by electronic text input into a cross-industry

standard external port and in cross-industry standard format. The

cross-industry standard port shall not require manipulation of a

connector by the user. Products shall also provide a cross-industry

standard connector which may require manipulation.

(b) Connection point for external audio processing devices.

Products providing auditory output shall provide the auditory signal at

a standard signal level through an industry standard connector.

(c) Non-interference with hearing technologies. Products shall not

cause interference to hearing technologies (including hearing aids,

cochlear implants, and assistive listening devices) of the user or

bystanders.

(d) Compatibility of controls with prosthetics. Touchscreen and

touch-operated controls shall be operable without requiring body

contact or close body proximity.

(e) TTY connectability. Products which provide a function allowing

voice communication and which do not themselves provide a TTY

functionality shall provide a standard non-acoustic connection point

for TTYs. It shall also be possible for the user to easily turn any

microphone on and off to allow the user to intermix speech with TTY

use.

(f) TTY signal compatibility. Products providing voice

communication functionality shall be able to support use of all cross-

manufacturer non-proprietary standard signals used by TTYs.

[[Page 19191]]

Appendix to Part 1193--Advisory Guidance

Introduction

1. This appendix provides examples of strategies and notes to

assist in understanding the guidelines and are a source of ideas for

alternate strategies for achieving accessibility. These strategies

and notes are not mandatory. A manufacturer is not required to

incorporate all of these examples or any specific example.

Manufacturers are free to use these or other strategies in

addressing the guidelines. The examples listed here are not

comprehensive, nor does adopting or incorporating them guarantee an

accessible product. They are meant to provide a useful starting

point for evaluating the accessibility of a product or conceptual

design and are not intended to inhibit innovation. For a more

complete list of all of the published strategies to date, as well as

for further information and links to on-going discussions, the

reader is referred to the National Institute on Disability and

Rehabilitation Research's Rehabilitation Engineering Center on

Access to Telecommunications System's strategies Web site (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 disability-related organizations that can

provide information on local companies that produce information in

alternate formats. The list is available by contacting the Access

Board.

---------------------------------------------------------------------------

\1\ This information was provided by the American Foundation for

the Blind.

---------------------------------------------------------------------------

Braille

4. Some persons who are blind rely on the use of Braille in

order to obtain information that is typically provided in print.

These persons may need Braille because of the nature of their

disability (such as persons who are deaf-blind) or because of the

complexity of the material. Most large urban areas have companies or

organizations which can translate printed material to Braille. On

the other hand, manufacturers may wish to consider producing Braille

documents ``in house'' using a personal computer, Braille

translation software, and a Braille printer. The disadvantage is the

difficulty in ensuring quality control and accuracy. Software

programs exist which can translate common word processing formats

directly into Braille, but they are not always error free,

especially if the document contains special characters, jargon,

graphics, or charts. Since the typical office worker will not be

able to proofread a Braille document, the initial apparent cost

saving may be quickly lost by having to re-do documents. The Braille

translation software costs approximately $500 and Braille printers

range from $10,000 to $60,000 depending on the speed and other

features. A Braille printer in the $10,000 to $20,000 range should

be adequate for most users. By using automatic translation software,

individuals who do not have knowledge of Braille or who have limited

computer skills may be able to produce simple Braille documents

without much trouble. If the document is of a complex format,

however, such as a text box over multiple columns, a sophisticated

knowledge of Braille translation software and formatting will be

required.

Electronic Text

5. People who are blind or have low vision and who have access

to computers may be able to use documents in electronic form.

Electronic text must be provided in ASCII or a properly formatted

word processor file. Using electronic text allows this information

to be transmitted through e-mail or other on-line

telecommunications. Blind or low vision persons who have access to a

personal computer can then read the document using synthetic speech,

an electronic Braille display, a large print computer monitor, or

they can produce a hard copy in large print or Braille.

6. Documents prepared for electronic transmission should be in

ASCII. Documents supplied on disk should also be provided in either

ASCII or a word processor format usable by the customer. Word

processing documents should be properly formatted before

distribution or conversion to ASCII. To be correctly formatted, the

document should be in Courier 10 CPI (10 pitch) and formatted for an

80 character line. Tables should be converted to plain text.

Graphics or text boxes should be deleted and explained or described

in text format. This will allow the reader to understand all of the

documentation being presented. Replace bullets () with ``*''

or ``--'' and convert other extended ASCII characters into text.

When converting a document into ASCII or word processor formats, it

is important to utilize the appropriate ``tab key'' and ``centering

key'' rather than using the space bar. This is necessary because

Braille translation software relies on the proper use of commands to

automate the formatting of a Braille document.

Large Print

7. Persons with low vision may require documentation to be

provided in large print. Large print documents can easily be

produced using a scalable font from any good word processing program

and a standard laser printer. Using the document enlargement option

on a photocopier will usually yield unsatisfactory results.

8. To obtain the best results follow these guidelines:

a. Paper should not be larger than standard 8\1/2\-11 inches.

Always use 1 inch margins. Lines longer than 6\1/3\ inches will not

track well for individuals who must use a magnifier.

b. The best contrast with the least glare is achieved on very

pale yellow or cream-colored non-glossy paper, such as paper that is

used for photocopying purposes. To produce a more aesthetic looking

document, an off-white paper may be used and will still give good

contrast while producing less glare than white. Do not use dark

colors and shades of red. Double-sided copying (if print does not

bleed through) will produce a less bulky document.

c. Remove formatting codes that can make reading more difficult.

For example, centered or indented text could be difficult to track

because only a few words will fit on a line. All text should begin

at the left margin. Use only left margin justification to maintain

uniform spacing across lines. Right margin justification can produce

uneven spacing between letters and words. Use 1\1/4\ (1.25) line

spacing; do not double space. Replace tabs with two spaces. Page

numbering should be at the top or bottom left. Avoid columns. If

columns are absolutely necessary, use minimum space between columns.

Use dot leaders for tabular material. Remove graphics, tables, and

charts, but include descriptions, information, or data in text.

d. There is no standard typeface or point size. For more

universal access, use 18 point type; anything larger could make text

too choppy to read comfortably. Use a good

[[Page 19192]]

strong bolded typeface. Do not use italics, fine, or fancy

typefaces. Fonts similar to Helvetica/Swiss Bold or Dutch/Times

Roman Bold are good. Do not use compressed typefaces; there should

be normal ``white space'' between characters.

e. Use upper and lowercase letters.

f. Using these instructions, one page of print (11-12 point

type) will equal approximately three pages of large print (14-18

point) depending on the density of the text.

Cassette Recordings

9. Some persons who are blind or who have learning disabilities

may require documentation on audio cassettes. Audio materials can be

produced commercially or by utilizing the assistance of volunteer

organizations which record material on tape. Agencies sometimes

record material in-house and purchase a high speed tape duplicator

($1,000-2,000) which is used to make cassette copies from the

master. The cost of a duplicator can be higher depending upon the

number of copies produced on a single run, and whether the

duplicator can produce standard speed two-sided copies or half-speed

four-sided copies. Although unit costs can be reduced by using the

four-track, half-speed format, this will require the reader to use a

specially designed playback machine. Tapes can also be produced with

``tone indexing'' to allow a user to skip back and forth from one

section to another. By following a few simple guidelines for

selecting readers and creating recordings, most organizations will

be able to successfully record most simple documents. There is no

legal definition of a qualified reader.

10. The American Foundation for the Blind offers this guidance:

a. The reader should be proficient in the language being

recorded.

b. The reader should be familiar with the subject. Someone who

is familiar with the technical aspects of a product but who can

explain functions in ordinary language would be a logical person to

record an audio cassette.

c. The reader should have good diction. Recording should be done

in a conversational tone and at a conversational pace; neither too

slow nor too fast.

d. The reader should be familiar with the material to minimize

stumbling and hesitation.

e. The reader should not editorialize. When recording a

document, it should be read in full. Graphic and pictorial

information available to sighted readers should be described in the

narrated text. Tables and charts whose contents are not already

contained in text should be converted into text and included in the

recording.

f. The reader should spell difficult or unusual words and words

of foreign origin.

g. At the beginning of the tape, identify the reader, i.e.,

``This document is being read by John Smith.''

h. On each side of the tape, identify the document and the page

number where the reader is continuing, i.e., ``tape 2, side 1, Guide

to Barrier Free Meetings, continuing on page 75.''

Alternate Modes

11. Information is provided increasingly through a variety of

means including television advertisements, Internet postings,

information seminars, and telephone. This portion of the appendix

explains how to provide information in some alternate modes

(captioning, audio description, Internet postings, relay service,

and TTY).

Captioning

12. When manufacturers of telecommunications equipment or

customer premises equipment provide videos with their products (such

as tutorials or information explaining various components of a

product) the video should be available with captioning. Closed

captioning refers to assistive technology designed to provide access

to television for persons with hearing disabilities that is visible

only through the use of a decoder. Open captions are visible at all

times. Captioning is similar to subtitles in that the audio portion

of a television program is displayed as printed words on the

television screen. Captions should be carefully placed to identify

speakers, on- and off-screen sound effects, music and laughter.

Increased captioning was made possible because of the Television

Decoder Circuitry Act which requires all television sets sold in the

United States with screens 13 inches or larger to have built-in

decoder circuitry.

13. Although captioning technology was developed specifically to

make television and video presentations accessible to deaf and hard

of hearing people, there has been widespread interest in using this

technology to provide similar access to meetings, classroom

teaching, and conferences. For meetings, video-conferences,

information seminars, and the like, real-time captioning is

sometimes provided. Real-time captioning uses a stenographic machine

connected to a computer with translation software. The output is

then displayed on a monitor or projected on a screen.

Audio Description

14. Just as manufacturers of telecommunications equipment and

customer premises equipment need to make their videos accessible to

persons deaf or hard of hearing, they must also be accessible to

persons who are blind or have low vision. This process is known as

descriptive video service (DVS), or audio description, in which a

``video soundtrack'' is inserted unobtrusively into pauses in the

regular audio portion of the video. This extra narration provides

otherwise unavailable descriptions such as how to properly place a

disk into a new computer. DVS is accessed by pushing a button on a

stereo television set or VCR which has a standard feature called

Second Audio Program (SAP) channel. No additional special equipment

is needed and there is no extra cost to the end-user.2

---------------------------------------------------------------------------

\2\ This information was provided by the WGBH Foundation which

specializes in closed captioning and descriptive video for persons

with disabilities.

---------------------------------------------------------------------------

Internet Postings

15. The fastest growing way to obtain information about a

product is through use of the Internet, and specifically the World

Wide Web. However, many Internet users with disabilities have

difficulty obtaining this information if it is not correctly

formatted. This section provides information on how to make a World

Wide Web site more accessible to persons with disabilities.3

Because of its structure, the Web provides tremendous power and

flexibility in presenting information in multiple formats (text,

audio, video, and graphic). However, the features that provide power

and elegance for some users present potential barriers for people

with sensory disabilities. The indiscriminate use of graphic images

and video restrict access for people who are blind or have low

vision. Use of audio and non-captioned video restrict access for

people who are deaf or hard of hearing.

---------------------------------------------------------------------------

\3\ This information is based on the document ``Writing HTML

Documents and Implementing Accessibility for the World Wide Web'' by

Paul Fountaine, Center for Information Technology Accommodation,

General Services Administration. For further information, see http:/

/ www.gsa.gov/coca.

---------------------------------------------------------------------------

16. The level of accessibility of the information on the Web is

dependent on the format of the information, the transmission media,

and the display system. Many of the issues related to the

transmission media and the display system cannot be affected by the

general user. On the other hand, anyone creating information for a

Web server has control of the accessibility of the information.

Careful design and coding of information will provide access to all

people without compromising the power and elegance of the Web site.

17. A few suggestions are:

a. Every graphic image should have associated text. This will

enable a person using a character-based program, such as Lynx, to

understand the material being presented in the graphical format. It

also allows anyone who does not want to wait for graphics to load to

have quick access to the information on the site.

b. Provide text transcriptions or descriptions for all audio

output. This will enable people who are deaf or hard of hearing to

have access to this information, as well as individuals who do not

have sound cards.

c. Make any link text descriptive, but not verbose. For example,

words like ``this'', ``here'', and ``click'' do not convey enough

information about the nature of the link, especially to people who

are blind. Link text should consist of substantive, descriptive

words which can be quickly reviewed by the user. Conversely, link

text which is too long bogs down efficient browsing.

d. Provide alternate mechanisms for on-line forms. Forms are not

supported by all browsers. Therefore, it is important to provide the

user with an opportunity to select alternate methods to access such

forms.

e. All Web pages should be tested using multiple viewers. At a

minimum, pages should be tested with one version of Mosaic and one

version of Lynx. Ideally, pages should be tested with several

versions of Mosaic, both versions of Lynx, and on other Web

browsers. Pages should also be tested in DOS, Windows, and Unix

environments.

[[Page 19193]]

Telecommunications Relay Services (TRS)

18. By using telecommunications relay services (TRS), it has now

become easier for persons with hearing and speech disabilities to

communicate by the telephone. TRS links TTY users with those who do

not have a TTY and use standard telephones. With TRS, a TTY user

communicates with another person with the help of a communications

assistant. The communications assistant reads the message typed by

the TTY user, or the TTY user speaks for herself. The communications

assistant then types the response from the non-TTY user to be read

on the visual display of the TTY.

19. There are now TRS programs in every state. Although TRS is

very valuable, it does have limitations. For example, relay calls

take longer, since they always involve a third party, and typing

words takes longer than speaking words.

Text Telephones (TTYs)

20. A TTY also provides direct two-way typed conversations. The

cost of these devices begins at approximately $200, for a peripheral

device to which a standard telephone can be attached, and they can

be operated by anyone who can type. Using a TTY skillfully,

especially for communicating technical information, will require

some training, especially to become familiar with the conventions of

TTY usage.

21. The following information is excerpted from the brochure

``Using a TTY'' which is available free of charge from the Access

Board:

a. If the TTY line is also used for incoming voice calls, be

sure the person who answers the phone knows how to recognize and

answer a TTY call. You will usually hear silence, a high-pitched,

electronic beeping sound, or a pre-recorded voice message when it is

a TTY call. If there is silence, assume it is a TTY call.

b. TTYs should be placed near a standard telephone so there is

minimal delay in answering incoming TTY calls.

c. To initiate a TTY call, place the telephone headset in the

acoustic cups of the TTY adapter. If the TTY unit is directly

connected to the phone line, there is no need to put the telephone

headset in the acoustic cups. Turn the TTY on. Make sure there is a

dial tone by checking for a steady light on the TTY status

indicator.

d. Dial the number and watch the status indicator light to see

if the dialed number is ringing. The ring will make a long slow

flash or two short flashes with a pause in between. If the line is

busy, you will see short, continuous flashes on the indicator light.

When the phone is answered, you will see an irregular light signal

as the phone is picked up and placed in the cradle. If you are

calling a combination TTY and voice number, tap the space bar

several times to help the person on the other end identify this as a

TTY call.

e. The person who answers the call is the first to type. Answer

the phone as you would by voice, then type ``GA''.

f. ``GA'' means ``I'm done, go ahead and type''. ``HD'' means

hold. ``GA or SK'' means ``Is there anything more, I'm done''.

``SK'' means stop keying. This is how you show that the conversation

is ended and that you will hang up. It is polite to type good-bye,

thank you for calling, or some other closing remark before you type

``SK''. Stay on the line until both parties type SKSK.

22. Because of the amount of time it takes to send and receive

messages, it is important to remember that short words and sentences

are desired by both parties. With some TTY calls it is often not

possible to interrupt when the other person is typing. If you get a

garbled message in all numbers or mixed numbers and letters, tap the

space bar and see if the message clears up. If not, when the person

stops typing, you should type, ``Message garbled, please repeat.''

If the garbled messages continue, this may mean that one of the TTYs

is not working properly, there is background noise causing

interference, or that you may have a bad connection. In this case

you should say something like, ``Let's hang up and I'll call you

back.''

23. The typical TTY message will include many abbreviations and

jargon. The message may also include misspelled words because, if

the meaning is clear, many callers will not bother to correct

spelling since it takes more time. Also, some TTY users communicate

in American sign language, a language with its own grammar and

syntax. English may be a second language. Extend the same patience

and courtesy to TTY callers as you do to all others.

Subpart C--Requirements for Accessibility

Section 1193.35 Input, Controls, and Mechanical Functions

Paragraph (a)

Operable Without Vision

1. Individuals who are blind or have low vision cannot locate or

identify controls, latches, or input slits by sight or operate

controls that require sight. Products should be manufactured to be

usable independently by these individuals. For example, individuals

who cannot see must use either touch or sound to locate and identify

controls. If a product uses a flat, smooth touch screen or touch

membrane, the user without vision will not be able to locate the

controls without auditory or tactile cues.

2. Once the controls have been located, the user must be able to

identify the various functions of the controls. Having located and

identified the controls, individuals must be able to operate them.

3. Below are some examples of ways to make products accessible

to persons with visual disabilities:

a. If buttons are used on a product, make them discrete buttons

which can be felt and located by touch. If a flat membrane is used

for a keyboard, provide a raised edge around the control areas or

buttons to make it possible to locate the keys by touch. Once an

individual locates the different controls, he or she needs to

identify what the keys are. If there is a standard number pad

arrangement, putting a nib on the ``5'' key may be all that is

necessary for identifying the numbers. On a QWERTY keyboard, putting

a tactile nib on the ``F'' and ``J'' keys allows touch typists to

easily locate their hands on the key.

b. Provide distinct shapes for keys to indicate their function

or make it easy to tell them apart. Provide Braille labels for keys

and controls for those who read Braille to determine the function

and use of controls.

c. Provide large raised letters for short labels on large

objects. Where it is not possible to use raised large letters, a

voice mode selection could be incorporated that announces keys when

pressed, but does not activate them. This would allow people to turn

on the voice mode long enough to explore and locate the item they

are interested in, then release the voice mode and press the

control. If it is an adjustable control, voice confirmation of the

status may also be important.

d. Provide tactile indication on a plug which is not a self-

orienting plug. Wireless connections, which eliminate the need to

orient or insert connectors, also solve the problem.

e. Avoid buttons that are activated when touched to allow an

individual to explore the controls to find the desired button. If

touch-activated controls cannot be avoided (for example, on a touch

screen), provide an alternate mode where a confirm button is used to

confirm selections (for example, items are read when touched, and

activated when the confirm button is pressed). All actions should be

reversible, or require confirmation before executing non-reversible

actions.

f. Once controls have been located and users know what the

functions are, they must be operable. Some types of controls,

including mouse devices, track balls, dials without markings or

stops, and push-button controls with only one state, where the

position or setting is indicated only by a visual cue, will not be

usable by persons who are blind or have low vision. Providing a

rotational or linear stop and tactile or audio detents is a useful

strategy. Another is to provide keyboard or push-button access to

the functions. If the product has an audio system and

microprocessor, use audio feedback of the setting. For simple

products, tactile markings may be sufficient.

g. Controls may also be shaped so that they can easily be read

by touch (e.g., a twist knob shaped like a pie wedge). For keys

which do not have any physical travel, some type of audio or tactile

feedback should be provided so that the individual knows when the

key has been activated. A two-state key (on/off) should be

physically different in each position (e.g., a toggle switch or a

push-in/pop-out switch), so the person can tell what state the key

is in by feeling it.

h. If an optional voice mode is provided for operating a

product, a simple ``query'' mode can also be provided, which allows

an individual to find out the function and state of a switch without

actually activating it. In some cases, there may be design

considerations which make the optimal mode for a sighted person

inaccessible to someone without vision (e.g., use of a touch screen

or mouse). In these cases, a primary strategy may be to provide a

closely linked parallel method for efficiently achieving the same

results (e.g., keyboard access) if there is a keyboard, or

``SpeedList'' access for touch screens.

[[Page 19194]]

Paragraph (b)

Operable With Low Vision

1. Individuals with low vision often also have hearing

disabilities, especially older individuals. These persons cannot

rely solely on audio access modes commonly used by people who are

blind. Tactile strategies are still quite useful, although many

older persons may not be familiar with Braille. The objective,

therefore, is to maximize the number of people who can use their

residual vision, combined with tactile senses, to operate a product.

2. Strategies for addressing this provision may include the

following:

a. Make the information on the product easier to see. Use high-

contrast print symbols and visual indicators, minimize glare on the

display and control surfaces, provide adequate lighting, position

controls near the items they control to make them easy to find, and

use Arabic instead of Roman numerals.

b. The type-face and type-spacing used can greatly effect

legibility. The spacing between letters should be approximately \1/

16\ the height of uppercase letters and the spacing should be

uniform from one label to the next. Also, symbols can sometimes be

used which are much more legible and understandable than fine print.

c. Where the display is dynamic, provide a means for the user to

enlarge the display and to ``freeze'' it. In addition to making it

easier to see, there are strategies which can be used to reduce the

need to see things clearly in order to operate them.

d. A judicious use of color-coding, always redundant with other

cues, is extremely helpful to persons with low vision. These cues

should follow standard conventions, and can be used to reduce the

need to read labels (or read labels more than the first time). In

addition, all of the tactile strategies discussed under Sec. 1193.35

(a) can also be used here.

Paragraph (c)

Operable With Little or No Color Perception

1. Many people have an inability to see or distinguish between

certain color combinations. Others are unable to see color at all.

2. Strategies for addressing this provision include:

a. Eliminate the need for a person to see color to operate the

product. This does not eliminate the use of color completely but

rather requires that any information essential to the operation of a

product also be conveyed in some other fashion.

b. Avoid color pairs such as red/green and blue/yellow, that are

indistinguishable by people with limited color perception.

c. Provide colors with different hues and intensity so that

colored objects can be distinguished even on a black and white

screen by their different appearance. Depending upon the product,

the manufacturer may also be able to allow users to adjust colors to

match their preferences and visual abilities.

d. Avoid colors with a low luminance.

Paragraph (d)

Operable Without Hearing

1. Individuals who are deaf or hard of hearing cannot locate or

identify controls that require hearing. Products that provide only

audio prompts cannot be used by individuals who are deaf or hard of

hearing. For example, a voice-based interactive product that can be

controlled only by listening to menu items and then pressing buttons

is not accessible. By addressing the output issues under

Sec. 1193.37(b)(4) many accessibility problems that affect input

under this section can be solved.

2. Some strategies include:

a. Text versions of audio prompts could be provided which are

synchronized with the audio so that the timing is the same.

b. If prompts are provided visually and no speech or

vocalization is required, most problems associated with locating,

identifying, and operating controls without hearing will be solved.

Paragraph (e)

Operable With Limited Manual Dexterity

1. Individuals may have difficulty manipulating controls on

products for any number of reasons. Though these disabilities may

vary widely, these persons have difficulty grasping, pinching, or

twisting objects and often have difficulty with finer motor

coordination. Some persons may use a headstick, mouthstick, or

artificial limb.

2. Below are some strategies which will assist in designing

products which will meet the needs of these persons:

a. Provide larger buttons and controls, or buttons which are

more widely spaced, to reduce the likelihood that a user will

accidentally activate an adjacent control.

b. Provide guard bars between the buttons or near the buttons so

that accidental movements would hit the guard bars rather than

accidentally bumping switches.

c. Provide an optional mode where buttons must be depressed for

a longer period of time (e.g., SlowKeys) before they would accept

input to help separate between inadvertent motions or bumps and

desired activation.

d. Where two buttons must be depressed simultaneously, provide

an option to allow them to be activated sequentially (e.g.,

StickiKeys).

e. Avoid buttons which are activated merely by touch, such as

capacitance switches. Where that is difficult to do (e.g., with

touchscreens), provide a ``confirm'' button which an individual can

use to confirm that the item touched is the desired one. Also, make

all actions reversible, or request confirmation before initiating

non-reversible actions.

f. Avoid latches, controls, or key combinations which require

simultaneous activation of two or more buttons, or latches. Also,

avoid very small controls or controls which require rotation of the

wrist or pinching and twisting. Where this is not possible, provide

alternate means for achieving the same functions.

g. Controls which have non-slip surfaces and those that can be

operated with the side of the hand, elbow or pencil can be used to

minimize physical activity required. In some cases, rotary controls

can be used if they can be operated without grasping and twisting

(e.g., a thin pie slice shape control or an edge control). Providing

a concave top on buttons makes them easier to use.

h. Make it easier to insert cards or connectors by providing a

bevel around the slot or connector, or use cards or connectors which

can be inserted in any orientation or which self-center or self-

align. Placing the slot or connector on the front and near a ledge

or open space allows individuals to brace their hands or arms to

make use of the slot or connector easier.

i. For some designs, controls which pose problems for

individuals with disabilities may be the most efficient, logical or

effective mechanism for a majority of users. In these cases, provide

alternate strategies for achieving the same functions, but which do

not require fine manipulation. Speech input or voice recognition

could be provided as an alternate input, although it should not be

the only input technique (see Sec. 1193.35 (h)).

Paragraph (f)

Operable With Limited Reach and Strength

1. Some individuals may have difficulty operating systems which

require reach or strength. The most straight-forward solution to

this problem is to place the controls where they can be easily

reached with minimal changes to body position. Many products also

have controls located on different parts of the product.

2. When this is the case, the following strategies may be used:

a. Allow the functions to be controlled from the keyboard, which

is located directly in front of the user.

b. Allow voice recognition to be used as an option. This

provides input flexibility, but should never be the only means for

achieving a function.

c. Provide a remote control option that moves all of the

controls for the product together on a unit that can be positioned

optimally for the individual. This allows the individual to operate

the product without having to move to it. If this strategy is used,

a standard communication format would be important to allow the use

of alternate remote controls for those who cannot use the standard

remote control.

d. Reduce the force needed to operate controls or latches and

avoid the need for sustained pressure or activity (e.g., use guards

rather than increased strength requirements to avoid accidental

activation of crucial switches).

e. Provide arm or wrist rests or supports, create short cuts

that reduce the number of actions needed, or completely eliminate

the need to operate controls wherever possible by having automatic

adjustments.

Paragraph (g)

Operable Without Time-Dependent Controls

1. Many persons find it very difficult to operate time-dependent

controls.

2. Some strategies which address this problem include:

a. Avoid any timed-out situations or provide instances where the

user must respond to a question or moving display in

[[Page 19195]]

a set amount of time or at a specific time (e.g., a rotating

display).

b. Where timed responses are required or appropriate, allow the

user to adjust them or set the amount of time allotted to complete a

given task. Warn users that time is running out and allow them to

secure extended time.

c. If the standard mode of operation would be awkward or

inefficient, then provide an alternate mode of operation that offers

the same functions.

Paragraph (h)

Operable Without Speech

1. Many individuals cannot speak or speak clearly. Products

which require speech in order to operate them should also provide an

alternate way to achieve the same function.

2. Some strategies to achieve this include:

a. Provide an alternate mechanism for achieving all of the

functions which are controlled by speech. If a product includes

speech identification or verification, provide an alternate

mechanism for this function as well.

b. Include individuals who are deaf or who have speech

disabilities in the subject populations that are used to develop

voice recognition algorithms, so that the algorithms will better

accommodate a wider range of speech patterns.

Paragraph (i)

Operable With Limited Cognitive Skills

1. Many individuals have reduced cognitive abilities, including

reduced memory, sequence tracking, and reading skills. This does not

necessarily prevent these persons from using a telecommunications

product or feature.

2. The following strategies are extensions of techniques for

making products easier for everyone to learn and use:

a. Use standard colors and shapes and group similar functions

together. On products which have some controls that are used by

everyone and other controls which would only be used by advanced

users, it is generally good practice to separate the two, putting

the more advanced features behind a door or under a separate menu

item.

b. Products which read the contents of the display aloud, or

controls which announce their settings, are easier for individuals

who have difficulty reading.

c. Design products that are self-adjusting to eliminate

additional controls which must be learned, and reduce the visual

clutter.

d. On products which have sign-in procedures, allow user

settings to be associated with them when they sign in or insert

their identification card. The system can then autoconfigure to

them. Some new ``smart cards'' are being designed with user

preferences encoded on the card.

e. Where a complex series of steps is required, provide cuing to

help lead the person through the process. It is also helpful to

provide an ``undo'' or back up function, so that any mistakes can be

easily corrected. Most people will find this function helpful.

f. Where functions are not reversible, request some type of

confirmation from the user before proceeding. On labels and

instructions, it is helpful to use short and simple phrases or

sentences. Avoid abbreviations wherever possible. Eliminate the need

to respond within a certain time or to read text within a certain

time.

Section 1193.37 Output, Displays, and Control Functions

Paragraph (b)(1)

Availability of Visual Information

1. Just as persons with visual or cognitive disabilities need to

be able to operate the input, controls, and mechanical functions of

a product, they must also have access to the output functions.

2. The following are strategies for addressing this provision:

a. Provide speech output of all displayed text and labels. For

information which is presented in non-text form (e.g., a picture or

graphic), provide a verbal description unless the graphic is just

decorative. When speech output is provided, allow for the spoken

message to be repeated if the message is very long. A message for

stepping through menus is also helpful.

b. Providing Braille labels for controls is an extremely

effective mechanism for those individuals who read Braille.

c. Large raised print can also be used but is generally

restricted to rather large objects due to the size of the letters.

Paragraph (b)(2)

Availability of Visual Information for Low Vision Users

1. Individuals with low vision often also have hearing

disabilities, especially older individuals. These persons cannot

rely solely on audio access modes commonly used by people who are

blind. Tactile strategies are still quite useful. Many people who

have low vision but are not legally blind can use their vision to

access visually presented information on a product.

2. Strategies for meeting this provision involve:

a. Provide larger, higher contrast text and graphics.

Individuals with 20/200 vision can see lettering if they get close

to it, unless it is very small or has very poor contrast. Although

14 or 18 point type is recommended for visual displays, it is

usually not possible to put this size text on small products.

b. Make the lettering as large and high contrast as possible to

maximize the number of people who can use the product.

c. On displays where the font size can be varied, allow the user

to increase the font size, even if it means that the user must pan

or move in order to see the full display.

Paragraph (b)(3)

Access to Moving Text

1. Moving text can be an access problem because individuals with

low vision, or other disabilities may find it difficult or

impossible to track moving text with their eyes.

2. Strategies to address this requirement may include the

following:

a. Provide a mechanism for freezing the text. Thus, persons

could read the stationary text and obtain the same information.

b. Provide scrolling to display one full line at a time, with a

pause before the next line replaces it.

c. Provide the same information in another type of display which

does not move. The right-to-left scrolling text on a TTY does not

usually present a problem because it can be controlled by asking the

sender to type slower or pause at specified intervals.

Paragraph (b)(4)

Availability of Auditory Information

1. Individuals who have hearing disabilities are unable to

receive auditory output, or mechanical and other sounds that are

emitted by a product. These sounds are often important for the safe

or effective operation of the product. Therefore, information which

is presented auditorially should be available to all users.

2. Some strategies to achieve this include the following:

a. Provide a visual or tactile signal that will attract the

person's attention and alert the user to a call, page, or other

message, or to warn the user of significant mechanical difficulties

in the product.

b. In portable products, a tactile signal such as vibration is

often more effective than a visual signal because a visual signal

may be missed. An auxiliary vibrating signaler might be effective if

it is not readily achievable or effective to build vibration into a

portable product.

c. For stationary products, a prominent visual indicator in the

field of vision (e.g., a screen flash for a computer, or a flashing

light for a telephone) is effective. To inform the user of the

status of a process (e.g., line status on a telephone call, power

on, saving to disk, or disconnected), text messages may be used. It

is also desirable to have an image or light that is activated

whenever acoustic energy is present on a telephone line.

d. Speech messages should be portrayed simultaneously in text

form and displayed where easily seen by the user. Such captions

should usually be verbatim and displayed long enough to be easily

read. If the product provides speech messages and the user must

respond to those messages (e.g., interactive voice response and

voice mail), a TTY accessible method of accessing the product could

be provided. If the product provides interactive communication using

speech and video, it would be helpful to provide a method and

channel for allowing non-speech communication (e.g., text

conversation) in parallel with the video.

e. Certain operations of products make sounds that give status

information, although these sounds are not programmed signals.

Examples include the whir of an operating disk drive and the click

of a key being pushed. Where sounds of this type provide information

important for operating the product, such as a ``beep'' when a key

is activated, provide a light or other visual confirmation of

activation.

Paragraph (b)(5)

Availability of Auditory Information for People Who Are Hard of

Hearing

1. People who are hard of hearing but not deaf can often use

their hearing to access auditory information on a product.

[[Page 19196]]

2. Strategies for addressing this requirement may include the

following:

a. Improve the signal to noise ratio by making the volume

adjustable, increasing the maximum undistorted volume, and

minimizing background noise by such methods as better coupling

between the signal source and the user.

b. Alerting tones are most likely to be heard if they involve

multiple tones, separated in frequency, which contrast with the

environment.

c. Occasionally, varying tones may be preferred for attracting

attention. If speech is used, it is best to test its intelligibility

with individuals who are hard of hearing to maximize its clarity and

ease of understanding. Provide the ability for the user to have any

messages repeated or to repeat the message if no response is

received from the user.

d. For essential auditory information, the information might be

repeated and an acknowledgment from the user requested.

e. The intelligibility of the output can also be maximized by

the location of the speakers and by keeping the speakers away from

noise sources. However, visual displays are often more desirable

than loud prompts or alerts, because the latter reduce privacy and

can annoy others unless the amplified signal is isolated by means of

a headphone, induction coupling, direct plug-in to a hearing aid, or

other methods.

f. The use of a telephone handset or earcup which can be held up

to the ear can improve intelligibility without disturbing others in

the area. If a handset or earcup is used, making it compatible with

a hearing aid allows users to directly couple the auditory signal to

their hearing aids. If the microphone in the handset is not being

used, turning it off will also reduce the amount of background noise

which the person hears in the earpiece. Providing a headphone jack

also allows individuals to plug in headphones, induction loops, or

amplifiers which they may use to hear better.

Paragraph (b)(6)

Prevention of Visually-Induced Seizures

1. Individuals with photo-sensitive epilepsy can have a seizure

triggered by displays which flicker or flash, particularly if the

flash has a high intensity and within certain frequency ranges.

2. Strategies to address this requirement involve reducing or

eliminating screen flicker or image flashing. In particular, the 6-

30 Hz range is the most sensitive frequency range, and should be

avoided. A maximum frequency of 3 Hz has usually been set for visual

fire alarms to provide a margin of safety. The chance of triggering

seizures can also be reduced by avoiding very bright flashes which

occupy a large part of the visual field (particularly in the center

of the visual field) in order to minimize the impact on the visual

cortex.

Paragraph (b)(7)

Availability of Audio Cutoff

1. Individuals using the audio access mode, as well as those

using a product with the volume turned up, need a way to limit the

range of audio broadcast.

2. If an audio headphone jack is provided, a cut-off switch can

be included in the jack so that insertion of the jack would cut off

the speaker. If a telephone-like handset is used, the external

speakers can be turned off when the handset is removed from the

cradle.

Paragraph (b)(8)

Non-Interference With Hearing Technologies

1. Individuals who are hard of hearing use hearing aids and

other assistive listening devices but these devices cannot be used

if a telecommunications product introduces noise into the listening

aids because of stray electromagnetic interference.

2. Strategies for reducing this interference (as well as

improving hearing aid immunity) are being researched. The most

desirable strategy is to avoid the root causes of interference when

a product is initially designed. If the root sources of interference

cannot be removed, then shielding, placement of components to avoid

hearing aid interference, and field-canceling techniques may be

effective. Standards are being developed to limit interference to

acceptable levels, but complete elimination for some technologies

may not yet be practical.

Paragraph (b)(9)

Hearing Aid Coupling

1. Many individuals who are hard of hearing use hearing aids

with a T-coil (or telecoil) feature to allow them to listen to audio

output of products without picking up background noise and to avoid

problems with feedback, signal attenuation or degradation.

2. The Hearing Aid Compatibility (HAC) Act defines a telephone

as hearing aid compatible if it provides internal means for

effective use with hearing aids and meets established technical

standards for hearing aid compatibility.

3. The technical standards for HAC telephones are specified in

ANSI/EIA-504-1989, ``Magnetic Field Intensity Criteria for Telephone

Compatibility with Hearing Aids,'' ANSI/TIA/EIA-504-1-1994, ``An

Addendum to EIA-504,'' which adds the HAC requirements, and the FCC

regulations at 47 CFR 68.317(a).

4. A good strategy for addressing this requirement for any

product held up to the ear would be to meet these same technical

requirements. If not readily achievable to provide built-in telecoil

compatibility, an accessory or other means of providing the electro-

magnetic signal is the next strategy to be considered.

Paragraph (b)(10)

Availability of Enhanced Audio

1. Strategies for addressing this provision are the same as for

paragraph (b)(5) of this section.

Subpart D--Requirements for Compatibility With Peripheral Devices and

Specialized Customer Premises Equipment

Section 1193.41 Compatibility

Paragraph (a)

External Electronic Access to All Information and Control

Mechanisms

1. Some individuals with severe or multiple disabilities are

unable to use the built-in displays and control mechanisms on a

product.

2. The two most common forms of manipulation-free connections

are an infrared connection or a radio frequency connection point.

Currently, the Infrared Data Association (IrDA) infrared connection

point is the most universally used approach. A cross-industry

standard for alternative control and display does not exist, however

a standard protocol is under development.

Paragraph (b)

Connection Point for External Audio Processing Devices

1. Individuals using audio peripheral devices such as

amplifiers, telecoil adapters, or direct-connection into a hearing

aid need a standard, noise free way to tap into the audio generated

by a product.

2. Individuals who cannot hear well can often use products if

they can isolate and enhance the audio output. For example, they

could plug in a headphone which makes the audio louder and helps

shut out background noise; they might feed the signal through an

amplifier to make it louder, or through filters or frequency

shifters to make it better fit their audio profile. If they are

wearing a hearing aid, they may directly connect their hearing aid

to the audio signal or plug in a small audio loop which allows them

to couple the audio signal through their hearing aid's built-in T-

coil.

3. Devices which can process the information and provide visual

and/or tactile output are also possible. The most common strategy

for achieving this requirement is the use of a standard 9 mm

miniature plug-in jack, common to virtually every personal tape

player or radio. For small products, a subminiature phone jack could

be used.

Paragraph (c)

Non-Interference With Hearing Technologies

1. Strategies for addressing this provision are the same as

those for Sec. 1193.37 (b)(8) of this appendix.

Paragraph (d)

Compatibility of Controls With Prosthetics

1. Individuals who have artificial hands or use headsticks or

mouthsticks to operate products have difficulty with capacitive or

heat-operated controls which require contact with a person's body

rather than a tool. Individuals who wear prosthetics are unable to

operate some types of products because they either require motions

that cannot easily be made with a prosthetic hand, or because

products are designed which require touch of the human skin to

operate them (e.g., capacitive touchscreen kiosks), making it

impossible for individuals with artificial

[[Page 19197]]

arms or hands to operate, except perhaps with their nose or chin.

Some individuals who do not have the use of their arms use either a

headstick or a mouthstick to operate products. Controls and

mechanisms which require a grasping and twisting motion should be

avoided.

Paragraph (e)

TTY Connectability

1. Acoustic coupling is subject to interference from ambient

noise, as many handsets do not provide an adequate seal with TTYs.

Therefore, alternate (non-acoustic) connections are needed. Control

of the microphone is needed for situations such as pay-phone usage,

where ambient noise picked up by the mouthpiece often garbles the

signal. For the use of voice carry-over, where the person can speak

but not hear, the user needs to be able to turn the microphone on to

speak and off to allow them to receive the TTY text replies.

2. A TTY can be connected to and used with any

telecommunications product supporting speech communication without

requiring purchase of a special adapter, and the user is able to

intermix speech and clear TTY communication. The most common

approach today is to provide a RJ-11 jack. On very small products,

where there may not be room for this large jack, a miniature or

subminiature phone-jack wired as a ``headset'' jack (with both

speaker and microphone connections) could be used as an alternate

approach. In either case, a mechanism for turning the phone

mouthpiece (microphone) on and off would reduce garbling in noisy

environments, while allowing the user to speak into the microphone

when desired (to conduct conversations with mixed voice and TTY).

For equipment that combines voice communications, displays,

keyboards and data communication functions, it is desirable to build

in direct TTY capability.

Paragraph (f)

TTY Signal Compatibility

1. Some telecommunications systems compress the audio signal in

such a manner that standard signals used by a TTY is distorted or

attenuated preventing successful TTY communication over the system.

A TTY can be used with any product providing voice communication

function.

2. The de facto standard of domestic TTYs is Baudot which has

been defined in ITU-T Recommendation V.18. Although the V.18

standard has been adopted, products are not yet available which meet

its requirements.

3. This provision can be addressed by ensuring that the tones

used can travel through the phones compression circuits undistorted.

It is even more desirable to provide undistorted connectivity to the

telephone line in the frequency range of 390 Hz to 2300 Hz (ITU-T

Recommendation V.18), as this range covers all of the TTY protocols

known throughout the world. An alternate strategy might be to

recognize the tones, transmit them as codes, and resynthesize them

at the other end. In addition, it should be possible for individuals

using TTYs to conduct conversations with mixed voice and TTY, and to

control all aspects of the product and receive any messages

generated by the product.

[FR Doc. 97-9707 Filed 4-17-97; 8:45 am]

BILLING CODE 8150-01-P