Subject: Proposed telecom access guidelines
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The U.S. Access Board has issued a Notice of Proposed Rule Making
concerning accessibility guidelines under the Telecommunications
Act of 1996.  Public comment is due by June 2 and may be filed
electronically.


  ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
  36 CFR Part 1193
 
  [Docket No. 97-1]
 
  RIN 3014-AA19
 
  Telecommunications Act Accessibility Guidelines
 
  AGENCY: Architectural and Transportation Barriers Compliance Board.
 
  ACTION: Notice of proposed rulemaking.
 
  -----------------------------------------------------------------------------
 
  SUMMARY: The Architectural and Transportation Barriers Compliance Board
  (Access Board) proposes guidelines for accessibility, usability, and
  compatibility of telecommunications equipment and customer premises equipment
  covered by the Telecommunications Act of 1996. The Act requires manufacturers
  of telecommunications equipment and customer premises equipment to ensure
  that the equipment is designed, developed, and fabricated to be accessible to
  and usable by individuals with disabilities, if readily achievable. When it
  is not readily achievable to make the equipment accessible, the Act requires
  manufacturers to ensure that the equipment is compatible with existing
  peripheral devices or specialized customer premises equipment commonly used
  by individuals with disabilities to achieve access, if readily achievable.
  The guidelines will assist manufacturers to comply with the Act.
 
  DATES: Comments should be received by June 2, 1997, but late comments will be
  considered to the extent practicable.
 
  ADDRESSES: Comments should be sent to the Office of Technical and Information
  Services, Architectural and Transportation Barriers Compliance Board, 1331 F
  Street NW., suite 1000, Washington, DC 20004-1111. To facilitate posting
  comments on the Board's Internet site, commenters are requested to submit
  comments in electronic format, preferably as a Word or WordPerfect file,
  either by e-mail or on disk. Comments sent by e-mail will be considered only
  if they include the full name and address of the sender in the text. E-mail
  comments should be sent to docket@access-board.gov. Comments will be
  available for inspection at the above address from 9:00 a.m. to 5:00 p.m. on
  regular business days.
 
  FOR FURTHER INFORMATION CONTACT: Dennis Cannon, Office of Technical and
  Information Services, Architectural and Transportation Barriers Compliance
  Board, 1331 F Street, NW., suite 1000, Washington, DC 20004-1111. Telephone
  number (202) 272-5434 extension 35 (voice); (202) 272-5449 (TTY). Electronic
  mail address: cannon@access-board.gov.
 
  SUPPLEMENTARY INFORMATION:
 
  Availability of Copies and Electronic Access
 
    Single copies of this publication may be obtained at no cost by calling the
  Access Board's automated publications order line (202) 272-5434, by pressing
  1 on the telephone keypad, then 1 again, and requesting publication S-33
  (Telecommunications Act Accessibility Guidelines Notice of Proposed
  Rulemaking). Persons using a TTY should call (202) 272-5449. Please record a
  name, address, telephone number and request publication S-33. This document
  is available in alternate formats upon request. Persons who want a copy in an
  alternate format should specify the type of format (cassette tape, Braille,
  large print, or computer disk). This document is also available on the
  Board's Internet site (http://www.access-board.gov/rules/telenprm.htm).
    This proposed rule is based on recommendations of the Board's
  Telecommunications Access Advisory Committee. The report can be obtained by
  contacting the Access Board and requesting publication S-32. The report is
  also available on the Board's Internet site (http://www.access-board.gov/
  pubs/taacrpt.htm).
 
  Background
 
    On February 8, 1996, the President signed the Telecommunications Act of
  1996. The Architectural and Transportation Barriers Compliance Board (Access
  Board) is responsible for developing accessibility guidelines in conjunction
  with the Federal Communications Commission (FCC) under section 255(e) of the
  Act for telecommunications equipment and customer premises equipment.
    Section 255 provides that a manufacturer of telecommunications equipment or
  customer premises equipment shall ensure that the equipment is designed,
  developed, and fabricated to be accessible to and usable by individuals with
  disabilities, if readily achievable. A provider of telecommunications
  services shall ensure that the service is accessible to and usable by
  individuals with disabilities, if readily achievable. Whenever either of
  these are not readily achievable, such a manufacturer or provider shall
  ensure that the equipment or service is compatible with existing peripheral
  devices or specialized customer premises equipment commonly used by
  individuals with disabilities to achieve access, if readily achievable.
  Section 255(f) provides that the FCC shall have exclusive jurisdiction in any
  enforcement action under section 255. It also limits an individual's private
  right of action to enforce any requirement of section 255 or any regulation
  issued pursuant to section 255.
    The Telecommunications Act requires the Board's accessibility guidelines to
  be issued by August 8, 1997. The Board is also required to review and update
  the guidelines periodically. The Board's guidelines for telecommunications
  equipment and customer premises equipment are required to principally address
  the access needs of individuals with disabilities affecting hearing, vision,
  movement, manipulation, speech, and interpretation of information.
    This proposed rule is based on recommendations of the Telecommunications
  Access Advisory Committee (Committee or TAAC). The Committee was convened by
  the Access Board in June 1996 to assist the Board in fulfilling its mandate
  under section 255.
    On May 24, 1996, the Access Board published a notice appointing members to
  the Committee. 61 FR 26155 (May 24, 1996). Between June 1996 and January
  1997, the Committee held six meetings, each of three working days in length,
  during which members worked to develop recommendations for implementing
  requirements under section 255. In selecting members of the Committee, the
  Access Board sought to ensure representation from all parties interested in
  the promulgation of telecommunications accessibility guidelines. The
  Committee was composed of representatives of manufacturers of
  telecommunications equipment and customer premises equipment; manufacturers
  of specialized customer premises equipment and peripheral devices;
  manufacturers of software; organizations representing the access needs of
  individuals with disabilities; telecommunications providers and carriers; and
  other persons affected by the guidelines.
    The following organizations served on the Committee:
 
  American Council of the Blind
  American Foundation for the Blind
  American Speech-Language Hearing Association
  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 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
  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
    Note 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 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
  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 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 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 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 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.
 
  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.........................................................x60
  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.......................................................x3000
  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).
 
  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 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.
 
  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.
    Note 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 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
    Note 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.
    Note 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.
 
  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.
 
  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 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.
    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 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]

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