[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Proposed Rules]
[Pages 19178-19197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9707]
[[Page 19177]]
_______________________________________________________________________
Part II
Architectural and Transportation Barriers Compliance Board
_______________________________________________________________________
36 CFR Part 1193
Telecommunications Act Accessibility Guidelines; Proposed Rule
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 /
Proposed Rules
[[Page 19178]]
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1193
[Docket No. 97-1]
RIN 3014-AA19
Telecommunications Act Accessibility Guidelines
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) proposes guidelines for accessibility, usability, and
compatibility of telecommunications equipment and customer premises
equipment covered by the Telecommunications Act of 1996. The Act
requires manufacturers of telecommunications equipment and customer
premises equipment to ensure that the equipment is designed, developed,
and fabricated to be accessible to and usable by individuals with
disabilities, if readily achievable. When it is not readily achievable
to make the equipment accessible, the Act requires manufacturers to
ensure that the equipment is compatible with existing peripheral
devices or specialized customer premises equipment commonly used by
individuals with disabilities to achieve access, if readily achievable.
The guidelines will assist manufacturers to comply with the Act.
DATES: Comments should be received by June 2, 1997, but late comments
will be considered to the extent practicable.
ADDRESSES: Comments should be sent to the Office of Technical and
Information Services, Architectural and Transportation Barriers
Compliance Board, 1331 F Street NW., suite 1000, Washington, DC 20004-
1111. To facilitate posting comments on the Board's Internet site,
commenters are requested to submit comments in electronic format,
preferably as a Word or WordPerfect file, either by e-mail or on disk.
Comments sent by e-mail will be considered only if they include the
full name and address of the sender in the text. E-mail comments should
be sent to 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
[[Page 19179]]
Arkenstone
AT&T
Cellular Telecommunications Industry Association
Consumer Action Network and the Alexander Graham Bell Association for
the Deaf
Consumer Electronics Manufacturers Association
Council of Organizational Representatives
Ericsson
Gallaudet University
Inclusive Technologies
Lucent Technologies
Massachusetts Assistive Technology Partnership
Microsoft Corporation
Motorola
National Association of State Relay Administration
National Federation of the Blind
NCR Corporation
Netscape Communications
Northern Telecom
NYNEX Corporation
Pacific Bell
Pennsylvania Citizens Consumer Council
Personal Communications Industry Association
RESNA
Self Help for Hard of Hearing People
Siemens Business Communications
Telecommunications Industry Association
Trace Research and Development Center
United Cerebral Palsy Associations
United States Telephone Association
World Institute on Disability
Each organization selected a principal member and an alternate. The
Committee formed several subcommittees and task groups in which
alternates and nonmembers were invited to participate. As a result, the
actual group which developed the recommendations was broader than the
formal membership. The result of the Committee's work was a report
containing recommendations to the Access Board for implementing section
255 of the Telecommunications Act.
This proposed rule is based primarily on the recommendations of
chapters four ``Process Guidelines'' and five ``Performance
Guidelines'' of the Committee report. In preparing its recommendations,
the Committee recognized that evolving telecommunications technologies
often make it difficult to distinguish whether a product's functions
and interfaces are the result of the design of the product itself, or
are the result of a service provider's software or even an information
service format. The Committee's recommendations also did not
differentiate between hardware and software implementations of a
product's functions or features, nor was any distinction made between
functions and features built into the product and those that may be
provided from a remote server over the network. In response to a
request from the Access Board, the FCC issued a Notice of Inquiry (FCC
96-382, September 17, 1996) to develop a record to assist the Board in
the development of accessibility guidelines. In the Notice of Inquiry,
the FCC also sought comment on issues raised when accessibility issues
involve both telecommunications equipment and services.
The Committee report provides a broad overview of accessibility to
telecommunications equipment and customer premises equipment and is
intended to stand alone as a model for achieving such access. It,
therefore, covers issues that go beyond the Board's jurisdiction. The
report provides advice to the FCC in the areas of compliance and
telecommunications service delivery, as well as recommendations to
manufacturers, engineers, and design professionals.
The report recommends the establishment of a cooperative dialogue
among manufacturers, product developers, engineers, academicians,
individuals with disabilities, and others involved in the
telecommunications equipment design and development process. The report
also recommends the creation of a technical subgroup of a professional
society which could train and eventually certify ``accessibility
specialists'' or engineers. As a result of work by several Committee
members, such a group has already been created. The National
Association of Radio and Telecommunications Engineers recently formed
the Association of Accessibility Engineering Specialists. This
association is expected to sponsor conferences and workshops,
disseminate information, and suggest course curricula for future
training and certification. The association could also serve as an
advisory resource to the FCC to help speed resolution of complaints.
With respect to complaints, the Committee report recommends that a
Declaration of Conformity accompany each product. Such a Declaration,
among other things, would state that the product has met the
requirements of section 255 and provide information on how to contact
the manufacturer to obtain information about the product's
accessibility features. Since enforcement for section 255 is under the
exclusive jurisdiction of the FCC, this rule does not address the
Declaration of Conformity.
The Committee's recommendations also suggest that a ``Market
Monitoring'' report be issued periodically to address the state of the
art of customer premises equipment and telecommunications equipment and
the progress of making this equipment accessible. The Access Board
intends to compile such a report on a regular basis and make it
available to the public.
The provisions of section 255 recognize that individuals with
disabilities need improved access to telecommunications technology.
Section 255 places an obligation on manufacturers to consider
accessibility when designing, developing, and fabricating
telecommunications equipment and customer premises equipment. Among
other things, these proposed guidelines set forth factors to be
considered throughout manufacturing processes to achieve accessibility.
Because the pace of technological change is so rapid, it is expected
that many aspects of accessibility which are not readily achievable
today may become readily achievable in the future.
An important approach reflected in these proposed guidelines and in
designing accessible products is called Universal Design. This is the
practice of designing products so that they are usable by the broadest
possible audience. Products designed in this manner are more usable by
people with a wide range of abilities without reducing the product's
usability or attractiveness for mass or core audiences. With Universal
Design, the goal is to ensure maximum flexibility and ease of use for
as many individuals as possible.
In the past, some products or designs developed with Universal
Design principles have attracted a wider audience than may have
otherwise been attracted by the product. For example, curb ramps,
originally designed to ensure wheelchair access, are routinely used by
people with strollers, bicyclists, and delivery personnel. Similarly,
closed captioning on television programs, created for the benefit of
individuals who are deaf or hard of hearing, sometimes is used in
airports, restaurants, and other noisy locations where it is difficult
to hear the audio portion of the program. Similarly, voice activated
telephone dialers not only enable individuals with limited hand and
finger mobility to place calls, they allow drivers to place calls while
driving without requiring them to take their hands off the steering
wheel. Also, vibrating pagers, which are accessible to deaf and hard of
hearing persons, can alert users to calls without the audible
[[Page 19180]]
tones interrupting business meetings. Finally, an audio adjunct to
caller ID not only enables individuals who are blind to learn the
identity of a caller, but enables people eating dinner to identify
callers without leaving the dinner table.
Manufacturers are increasingly finding that by making a product
accessible for people with disabilities, the product becomes more
usable by other customers as well. For example, a recent article
(Murphy, ``Investing in Voice'', Wired, March 1997, at 100) highlights
the growing importance of voice recognition technology. At least two of
the companies cited for leading edge advances in this field originally
developed the technology as peripheral devices and software to provide
access for individuals with disabilities. However, it was quickly
discovered that other customers benefitted from the change. Clearly,
Universal Design works in both directions. Some members of TAAC
reported that adding accessibility features (e.g., adding voice to
caller ID) increased sales.
Question 1: The Board seeks any other available information on
whether adding accessibility features has actually increased sales.
The Board encourages the use of Universal Design in the manufacture
of telecommunications equipment and customer premises equipment. For
some time, Pacific Bell has had a program to consider Universal Design
in products and services, and Bell Atlantic and NYNEX recently held a
joint press conference to announce their plans to embrace such
principles. They stated that, if incorporated early enough in the
design process, the cost of accessibility was insignificant.
In developing its recommendations to the Board, the Committee
recommended that accessibility guidelines required by section 255,
adhere to the following principles:
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
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available in alternate formats to be usable by individuals with various
disabilities. Common forms of alternate formats are Braille, large
print, ASCII text, and audio cassettes. Further discussion of alternate
formats is provided in section 1193.25 and in the appendix.
Alternate Modes. Alternate modes are different means of providing
information to users of products including product documentation and
information about the status or operation of controls. For example, if
a manufacturer provides product instructions on a video cassette,
captioning would be required. Further discussion of alternate modes is
provided in sections 1193.25, 1193.31 through 1193.37, and in the
appendix.
Compatible. Subpart D contains the minimum requirements for
compatibility. Therefore, the term compatible is defined as meeting the
provisions of Subpart D.
Customer Premises Equipment. This definition is taken from the
Telecommunications Act. Equipment employed on the premises of a person,
which can originate, route or terminate telecommunications, is customer
premises equipment. ``Person'' is a legal term meaning an individual,
corporation, or organization.
Customer premises equipment can also include certain specialized
customer premises equipment which are directly connected to the
telecommunications network and which can originate, route, or terminate
telecommunications. Equipment with such capabilities is covered by
section 255(b) and is required to meet the accessibility requirements
of Subpart C, if readily achievable, or to be compatible with other
specialized customer premises equipment and peripheral devices
according to Subpart D, if readily achievable. Customer premises
equipment may also include wireless sets.1
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\1\ See Declaratory Ruling, DA 93-122 , 8 FCC Rcd 6171, 6174
(Com. Car. Bur. 1993) (TOCSIA Declaratory Ruling), recon. pending
(finding that definition of ``premises'' includes ``locations'' such
as airplanes, trains and rental cars, despite the fact that they are
mobile).
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Manufacturer. This definition is provided as a shorthand reference
for a manufacturer of telecommunications equipment and customer
premises equipment.
Peripheral Devices. Peripheral devices are referenced in section
255(d) of the Act, as equipment commonly used by individuals with
disabilities to achieve access to telecommunications equipment and
customer premises equipment. No definition is provided in the Act but
the term peripheral devices commonly refers to audio amplifiers, ring
signal lights, some TTYs, refreshable Braille translators, text-to-
speech synthesizers and similar devices. These devices must be
connected to a telephone or other customer premises equipment to enable
an individual with a disability to originate, route, or terminate
telecommunications. Peripheral devices cannot perform these functions
on their own.
Product. This definition is provided as a shorthand reference for
telecommunications equipment and customer premises equipment.
Readily Achievable. The Telecommunications Act defines ``readily
achievable'' as having the same meaning as in the Americans with
Disabilities Act (ADA) but the ADA applies the concept in an entirely
different context than the Telecommunications Act. The ADA applies the
term to the removal of architectural barriers in an existing building
or facility, whereas the Telecommunications Act applies the term to the
design, development and fabrication of new telecommunications equipment
and customer premises equipment. The factors which apply in the ADA
context may not be appropriate here. Section 301(9) of the ADA defines
readily achievable as follows:
``The term ``readily achievable'' means easily accomplishable and
able to be carried out without much difficulty or expense. In
determining whether an action is readily achievable, factors to be
considered include:
(A) the nature and cost of the action needed under this Act;
(B) the overall financial resources of the facility or facilities
involved in the action; the number of persons employed at such
facility; the effect on expenses and resources, or the impact otherwise
of such action upon the operation of the facility;
(C) the overall financial resources of the covered entity; the
overall size of the business of a covered entity with respect to the
number of its employees; the number, type, and location of its
facilities; and
(D) the type of operation or operations of the covered entity,
including the composition, structure, and functions of the workforce of
such entity; the geographic separateness, administrative or fiscal
relationship of the facility or facilities in question to the covered
entity.'' (42 U.S.C. 12181(9))
Since the ADA definition is intended to apply to the removal of
architectural barriers in existing buildings and facilities, the
factors relate to the cost of alterations, the financial resources of
the particular entity and its relationship to a parent entity, and the
corporate structure which might affect the allocation of resources.
In implementing title III of the ADA, the Department of Justice
(DOJ) adopted a slightly different wording for its definition, based,
in part, on the extensive legislative history of the ADA. The DOJ
definition of readily achievable is as follows:
``Readily achievable means easily accomplishable and able to be
carried out without much difficulty or expense. In determining whether
an action is readily achievable factors to be considered include--
(1) The nature and cost of the action needed under this part;
(2) The overall financial resources of the site or sites involved
in the action; the number of persons employed at the site; the effect
on expenses and resources; legitimate safety requirements that are
necessary for safe operation, including crime prevention measures; or
the impact otherwise of the action upon the operation of the site;
(3) The geographic separateness, and the administrative or fiscal
relationship of the site or sites in question to any parent corporation
or entity;
(4) If applicable, the overall financial resources of any parent
corporation or entity; the overall size of the parent corporation or
entity with respect to the number of its employees; the number, type,
and location of its facilities; and
(5) If applicable, the type of operation or operations of any
parent corporation or entity, including the composition, structure, and
functions of the workforce of the parent corporation or entity.'' (28
CFR 36.104)
The DOJ definition makes clear the connection between parent entity
and subdivision and includes safety considerations related to the
possible disruption of construction or the inability to comply with the
strict requirements of an accessibility standard.
Substituting ``manufacturer'' for ``building'', ``facility'', or
``site'' makes partial sense but does not clarify how the factors would
be applied to the telecommunications industry. For one thing, the DOJ
rule makes it clear that, in evaluating whether a particular structural
modification is readily achievable, the covered entity starts with the
alteration provisions of the ADA Accessibility Guidelines (ADAAG).
Those provisions include the concept of ``technical infeasibility''
which relates to effects on the existing building's structural frame.
The factors in either of the above definitions do not explicitly
include technical
[[Page 19182]]
infeasibility. The TAAC, therefore, considered explicitly including the
concept of ``technologically feasible'' as a factor in determining what
is readily achievable.
The definition of readily achievable in section 1193.3 includes
only the first phrase from the ADA definition. The Board intends to
include an appendix section in the final rule containing a discussion
of factors for determining when an action is readily achievable. The
FCC asked questions in its Notice of Inquiry regarding the readily
achievable factors and their application to the telecommunications
industry and intends to issue guidance on the application of the
readily achievable limitation in the telecommunications context. The
Board will coordinate its rulemaking with any FCC proceeding.
Question 2: The Board seeks comment regarding the definition of
readily achievable in the telecommunications context. (a) What factors
translate from the ADA or DOJ definition of readily achievable, which
address the built environment, to the telecommunications industry? (b)
Both the ADA and the DOJ definitions specify that overall resources and
overall size of a covered entity are factors in determining whether an
action is readily achievable. Should a large company be expected to
provide more accessibility in its products than a small company with
limited production capacity or narrow design experience? (c) If small
companies are expected to provide less accessibility in its products
than large companies, would small companies have a competitive
advantage in the marketplace? (d) Is the concept of ``technologically
feasible'' an appropriate factor? (e) In the ADA context, ``resources''
refer only to financial resources but are there other resources in the
telecommunications context, such as information, design expertise,
knowledge of specific manufacturing techniques or procedures, or
availability of certain kinds of technological solutions? (f) Finally,
are there other factors to be considered in defining ``readily
achievable'' in these guidelines? Since the success of these guidelines
depends largely upon the term ``readily achievable'' the Board is
concerned that this term is appropriately applied. Further discussion
of these issues is provided in section 1193.21.
Specialized Customer Premises Equipment. Section 255(d) of the
Telecommunications Act requires that whenever it is not readily
achievable to make a product accessible, a manufacturer shall ensure
that the equipment is compatible with existing peripheral devices or
specialized customer premises equipment commonly used by individuals
with disabilities to achieve access, if readily achievable. The
Telecommunications Act does not define specialized customer premises
equipment. As discussed above, the Act defines customer premises
equipment as ``equipment employed on the premises of a person (other
than a carrier) to originate, route, or terminate telecommunications''.
The Board views specialized customer premises equipment as a subset of
customer premises equipment.
The Act and its legislative history do not make it clear whether
Congress intended to treat specialized customer premises equipment
differently from peripheral devices. The Act appears to treat this
equipment in the same manner as peripheral devices. However, certain
specialized equipment, such as direct-connect TTYs, can originate,
route, or terminate telecommunications without connection to anything
else. Equipment which can independently originate, route or terminate
telecommunications is customer premises equipment and must meet the
requirements of Subpart C, if readily achievable. Where accessibility
is not readily achievable, customer premises equipment (including
specialized customer premises equipment) must be compatible with other
devices.
If specialized customer premises equipment can originate, route, or
terminate telecommunications, it appears that for purposes of these
guidelines, the equipment should be treated the same as customer
premises equipment.
Question 3: The Board seeks comment on how specialized customer
premises equipment should be treated. Should this equipment be treated
the same as peripheral devices or treated differently than peripheral
devices?
TTY. This definition is taken from the ADA Accessibility
Guidelines, primarily for consistency with other statutes and
regulations.
Usable. This definition is included to convey the important point
that products which have been designed to be accessible are usable only
if an individual has adequate information on how to operate the
product. Further discussion of usability is provided in section
1193.25.
Subpart B--General Requirements
Section 1193.21 Accessibility and Compatibility
This section provides that where readily achievable,
telecommunications equipment and customer premises equipment shall
comply with the specific technical provisions of Subpart C. Where it is
not readily achievable to comply with Subpart C, telecommunications
equipment and customer premises equipment shall comply with the
provisions of Subpart D, if readily achievable. This is a restatement
of the Act and sets forth the readily achievable limitation which
applies to all subsequent sections of these guidelines.
It is the responsibility of a manufacturer to determine whether
compliance with any particular provision is readily achievable. Some of
the factors which might be considered are those discussed under
Sec. 1193.3 in the definition of readily achievable. The possible
factors include the cost of compliance, balanced with the financial
resources of the manufacturer, taking into account whether compliance
is technologically feasible. The resources to be considered might
include those of any parent entity, depending on the extent to which
those resources can be made available to the subsidiary.
In the telecommunications industry, the ``resources'' to be
considered may be more than financial. Resources could include design
expertise, knowledge of specific manufacturing techniques, or
availability of certain kinds of technological solutions. On the other
hand, absence of direct experience with, or knowledge of, accessibility
solutions is not necessarily automatic grounds for determining that an
action is not readily achievable. Manufacturers are expected to seek
out information and develop expertise. In addition, manufacturers may
be able to utilize expertise from outside sources rather than
developing it in-house. The U.S. Department of Education's National
Institute of Disability and Rehabilitation Research funds a research
center focusing on access to telecommunications. Currently, the
grantees consist of the Trace Research and Development Center,
Gallaudet University, and the World Institute on Disability. The Trace
Center maintains a site on the Internet (http://trace.wisc.edu/world/
telecomm/) where information on accessible design solutions can be
found. Some of those design solutions which have already been developed
can be directly incorporated in telecommunications equipment and
customer premises equipment. Thus, a manufacturer is not limited to
relying only on its own resources to comply with these guidelines.
Since the provisions of these guidelines are largely performance
based, a particular design solution may not be known at the outset, and
it is
[[Page 19183]]
difficult to assess what it might cost before it is developed. Also, it
may be difficult to assess the cost of information acquisition. For
example, if a current employee is given the task of becoming familiar
with access technology, and can do so with minimal negative impact on
other work, such information acquisition is not an additional cost
borne by the manufacturer. In fact, such acquisition is a positive
asset to the company because it improves its competitive advantage. On
the other hand, if this activity displaces other tasks, especially if
another person must be hired, the cost of the new employee may be a
direct cost attributable to the information task, insofar as the new
employee's time is compensating for the additional work load. Moreover,
such costs may not be associated with a particular product since the
costs are part of future product design. Some of those costs are also
not associated with this rule since the statute has already imposed
them.
Question 4: The Board, seeks any information on the incremental
costs which this proposed rule might add beyond normal product
development costs and those already imposed by the statute.
In addition to available resources, the application of the readily
achievable limitation might depend on what is technologically feasible.
Since technology is constantly changing, what is not readily achievable
now may be in the future. As a result, the evaluation of what is
readily achievable is an ongoing activity. It is critical, therefore,
that manufacturers incorporate accessibility consideration as early as
possible into the design process. A design solution may be readily
achievable if incorporated early enough, but may not be later in the
process. Further discussion of these issues is provided in
Sec. 1193.23.
Furthermore, technological change is not the only factor that
determines whether something is readily achievable. As the
manufacturer's knowledge base and experience increase, certain things
will become easier. Thus, some design solutions may not be readily
achievable, not because the technology is lacking, but because the
manufacturer has not yet fully implemented its design process.
Section 1193.23 Product Design, Development, and Evaluation
This section requires manufacturers to evaluate the accessibility,
usability, and compatibility of telecommunications equipment and
customer premises equipment and incorporate such evaluation throughout
product design, development, fabrication, and delivery, as early and
consistently as possible. Manufacturers are required to develop a
process to ensure that barriers to accessibility, usability, and
compatibility are identified throughout product design and development,
from conceptualization to distribution. The details of such a process
will vary from one company to the next, so this section does not
specify its structure or specific content. Instead, this section sets
forth a series of factors that a manufacturer must consider in
developing such a process. How, and to what extent, each of the factors
is incorporated in a specific process is up to the manufacturer, so
long as due consideration is given to each. This section does not
require that such a process be submitted to any entity or that it even
be in writing. The requirement is outcome-oriented, and a process could
range from purely conceptual to formally documented, as suits the
manufacturer.
In particular, a manufacturer must consider how it could include
individuals with disabilities in target populations of market research.
In this regard, it is important to realize that any target population
for which a manufacturer might wish to focus a product contains
individuals with disabilities, whether it is teenagers, single parents,
women between the ages of 25 and 40, or any other subgroup, no matter
how narrowly defined. Any market research which excludes individuals
with disabilities will be deficient.
Similarly, including individuals with disabilities in product
design, testing, pilot demonstrations, and product trials will
encourage appropriate design solutions to accessibility barriers. In
addition, such involvement may result in designs which have an appeal
to a broader market.
Working cooperatively with appropriate disability-related
organizations is a key recommendation of the TAAC and is one of the
factors that manufacturers must consider in their product design and
development process. The primary reason for working cooperatively is to
exchange relevant information. This is a two-way process since the
manufacturer will get information on barriers to the use of its
products, and may also be alerted to possible sources for solutions.
The process will also serve to inform individuals with disabilities
about what is readily achievable. In addition, manufacturers will have
a conduit to a source of subjects for market research and product
trials.
Finally, manufacturers must consider how they can make reasonable
efforts to validate any unproven access solutions through testing with
individuals with disabilities or with appropriate disability-related
organizations that have established expertise with individuals with
disabilities. It is important to obtain input from persons or
organizations with established expertise to ensure that input is not
based merely on individual preferences or limited experience.
Section 1193.25 Information, Documentation, and Training
Paragraph (a) of this section requires that manufacturers provide
access to information and documentation. This information and
documentation includes user guides, installation guides, and product
support communications, regarding both the product in general and the
accessibility features of the product. Information and documentation
should be provided to people with disabilities at no additional charge.
Alternate formats or alternate modes of this information is also
required to be available. Manufacturers are also required to ensure
usable customer support and technical support, upon request, in the
call centers and service centers, which support their products.
The specific alternate format or mode to be provided is that which
is usable by the customer. Obviously, it does no good to provide
documentation in Braille to someone who does not read it. While the
user's preference is first priority, manufacturers are not expected to
stock copies of all materials in all possible alternate formats and may
negotiate with users to supply information in other formats. For
example, Braille is extremely bulky and can only be read by a minority
of individuals who are blind. Audio cassettes are usable by more people
but are difficult for users to find a specific section or to skip from
one section to the next. Documentation provided on disk in ASCII format
can often be accessed by computers with appropriate software, but is
worthless if the information sought is how to set up the computer in
the first place. Of course, if instructions are provided by videotape,
appropriate audio description would be needed for persons who are blind
and captions would be needed for persons who are deaf or hard of
hearing.
Ensuring usable customer support may mean providing a TTY number,
since the usual complicated voice menu systems cannot be used by
individuals who are deaf. Also, if such menu
[[Page 19184]]
systems require quick responses, they may not be usable by persons with
other disabilities. See the appendix for guidance on how to provide
information in alternate formats and modes.
Paragraph (b) requires manufacturers to include in general product
information the name and telephone number of a contact point for
obtaining the information required by paragraph (a). The name of the
contact point can be an office of the manufacturer rather than an
individual.
Paragraph (c) requires manufacturers to provide employee training
appropriate to an employee's function. In developing, or incorporating
existing training programs, consideration shall be given to the
following factors: Accessibility requirements of individuals with
disabilities; means of communicating with individuals with
disabilities; commonly used adaptive technology used with the
manufacturer's products; designing for accessibility; and solutions for
accessibility and compatibility.
Obviously, not every employee needs training in all factors.
Designers and developers need to know about barriers and solutions.
Technical support and sales personnel need to know how to communicate
with individuals with disabilities and what common peripheral devices
are compatible with the manufacturer's products. Other employees may
need a combination of this training. No specific program is required by
this section and the manufacturer is free to address the needs in
whatever way it sees fit, as long as the training results in the
provision of effective information.
Section 1193.27 Information Pass Through
This section requires telecommunications equipment and customer
premises equipment to pass through all codes, translation protocols,
formats or any other information necessary to provide
telecommunications in an accessible format. In particular, signal
compression technologies shall not remove information needed for access
or shall restore it upon decompression. Some transmissions include
codes or tags embedded in ``unused'' portions of the signal to provide
accessibility. For example, closed captioning information is usually
included in portions of a video signal not seen by users without
decoders. This section prohibits telecommunications equipment and
customer premises equipment from stripping out such information or
requires the information to be restored at the end point.
Section 1193.29 Prohibited Reduction of Accessibility, Usability, and
Compatibility
This section provides that no change shall be undertaken which
decreases or has the effect of decreasing the accessibility, usability,
and compatibility of telecommunications equipment or customer premises
equipment to a level less than the requirements of these guidelines.
Subpart C--Requirements for Accessibility
Section 1193.31 Accessibility
This section provides that, subject to the general provisions of
Subpart B, manufacturers must design, develop and fabricate their
products to meet the specific requirements of Secs. 1193.33, 1193.35
and 1193.37.
Sections 1193.35 and 1193.37 are organized according to the
recommendations contained in chapter five ``Performance Guidelines'' of
the TAAC report and are divided according to input or output. This
organization of functions is consistent with common computer
functionality but may not be the most appropriate organization for
designers and developers to apply.
Question 5: Other ways of organizing functions may be more
appropriate. The Board seeks comment on other approaches to organizing
functions and requirements that might be easier to understand and
implement.
Section 1193.33 Redundancy and Selectability
This section requires that products incorporate multiple modes for
input and output functions and that the user be able to select the
desired mode. Since there is no single interface design that
accommodates all disabilities, accessibility is likely to be
accomplished through product designs which emphasize interface
flexibility to maximize user configurability and multiple, alternative
and redundant modalities of input and output.
Selectability is especially important where an accessibility
feature for one group of individuals with disabilities may conflict
with an accessibility feature for another. A conflict may arise between
captions, provided for persons who are deaf or hard of hearing, and a
large font size, for persons with low vision. The resulting caption
would either be so large that it obscures the screen or need to be
scrolled or displayed in segments for a very short time. This potential
problem could be solved by allowing the user to switch one of the
features on and off. Of course, it may not be readily achievable to
provide all input and output functions in a single product or to permit
all functions to be selectable. For example, switching requires control
mechanisms which must be accessible and it may be more practical to
have multiple modes running simultaneously. Nevertheless, it is
preferable for the user to be able to turn on or off a particular mode.
Section 1193.35 Input, Controls, and Mechanical Functions
This section requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode which meets each of the following paragraphs. This means each
of the product's input, control and mechanical functions must be
evaluated against each of paragraphs (a) through (i) to ensure that
there is at least one mode that meets each of those requirements. Of
course, there may be one mode which meets more than one of the specific
provisions. This section does not specify how the requirement is to be
met but only specifies the outcome. It provides a ``checklist'' for
evaluating products. The appendix to this rule contains a set of
strategies which may help in developing solutions. In some cases, a
particular strategy may be directly applicable while a different
strategy may be a useful starting point for further exploration.
Paragraph (a) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode without requiring the user to see. Individuals with severe
visual disabilities or blindness cannot locate or identify controls,
latches, or input slots by sight or operate controls that require
sight. Touchscreens, visual indicators or prompts, and flat keypads
with undifferentiated keys are all barriers to individuals who are
blind. On the other hand, many software programs include a tone or
chord to accompany on-screen displays or upon start-up which alert
users about the status of the product. Some telephones provide an
intermittent tone to indicate that a call is on hold (although a
flashing light is frequently the only way to know which line is active
on a multi-line phone, a condition which would not meet this
requirement). Providing voice output for on-screen display messages
would satisfy this provision.
Paragraph (b) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode by individuals who have low vision but are not legally blind,
and which does not rely on audio output. Visual acuity of
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20/70 after correction is commonly regarded as the beginning of low
vision; visual acuity of 20/200 after correction is the beginning of
legal blindness; a field of vision of less than 20 degrees after
correction also constitutes legal blindness. Individuals with visual
disabilities often also have hearing disabilities, especially older
individuals, and cannot rely on audio access modes commonly used by
people who are blind. However, some strategies for making functions
accessible to persons who are blind will also satisfy the requirements
of this paragraph.
Paragraph (c) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode that does not require user color perception. Many people have
an inability to see or distinguish between certain color combinations.
Others are unable to see color at all. This requirement does not mean
that color should not be used, but that it not be the only means of
identifying, locating or operating functions.
Paragraph (d) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode without requiring the user to hear. Individuals who are deaf
or hard of hearing cannot always locate or identify those controls or
functions that require hearing.
Paragraph (e) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode that does not require fine motor control or simultaneous
actions. Individuals with tremor, cerebral palsy, paralysis, arthritis,
or artificial hands may have difficulty operating systems which require
fine motor control, assume a steady hand, or require two hands or
fingers for operation, such as requiring two keys to be pushed
simultaneously.
Paragraph (f) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode that is operable with limited reach and strength. Individuals
with high spinal cord injuries, arthritis, and other conditions may
have difficulty operating controls which require reach or strength.
This provision does not specify limits on reach or strength. The ADA
Accessibility Guidelines specify that controls and operating mechanisms
not require ``* * * tight grasping, pinching or twisting of the wrist''
and limits the force required to five pounds. See ADAAG section 4.27.4.
Question 6: The Board seeks comment on whether the ADAAG provisions
regarding tight grasping, pinching or twisting of the wrist and the
force required to operate controls, or some other provision, should be
included in this paragraph.
Paragraph (g) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode that does not require a sequential response within a three
second period, or requires the response time to be selected or
adjustable by the user over a wide range. Individuals with physical,
sensory and cognitive disabilities may not be able to find, read and
operate a control quickly. The three second time frame is derived from
anecdotal evidence on the response time some individuals with
disabilities need to activate sequential controls.
Question 7: The Board seeks comment on whether this three second
period is adequate or whether some other time frame is more
appropriate. If possible, please supply any information that supports
this or any other time interval.
Paragraph (h) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode that does not require speech. Products which require speech
for operability, and which do not provide an alternate way to achieve
the same function will not be usable by individuals who cannot speak or
speak clearly.
Paragraph (i) requires product input, control and mechanical
functions to be locatable, identifiable, and operable through at least
one mode that minimizes the cognitive, memory, language, and learning
skills required of the user to operate the product. Many individuals
have reduced cognitive abilities either from birth, accident, illness,
or aging. These include reduced memory, sequencing, reading, and
interpretive skills.
Section 1193.37 Output, Displays, and Control Functions
Section 1193.37 applies to output, displays, and control functions
which are necessary to operate products. This includes lights and other
visual displays and prompts, alphanumeric characters and text, static
and dynamic images, icons, screen dialog boxes, and tones and beeps
which provide operating cues or control status.
Paragraph (a) requires voice communication to meet certain
requirements for users of hearing aids and other similar technologies.
Voice communication is the actual voice output from the transmission
source, not the incidental operating sounds (e.g., tones, chords, and
beeps) or synthetic speech generated by the product itself to provide
information about operation or control status.
Paragraph (b)(1) requires that information which is presented
visually also be available in auditory form. Some individuals have
difficulty seeing or reading, or cannot see or read. The flashing
buttons on a multi-line phone which indicate which lines are open or
holding are particularly problematic for individuals who are blind.
Also, on-screen dialogue boxes and error messages are not usable
without additional output.
Paragraph (b)(2) requires that information which is provided
through a visual display shall not require visual acuity better than
20/70 and shall not rely on audio.
Paragraph (b)(3) requires that text which is presented in a moving
fashion also be available in a static presentation mode at the option
of the user. Moving text can be an access problem because individuals
with low vision, or people with physical or sensorimotor disabilities
find it difficult or impossible to track moving text with their eyes.
This provision does not apply to the text on a TTY since that text is
controlled directly by the sender. A recipient who has difficulty
perceiving moving text can ask the sender to type slower or pause
periodically.
Paragraph (b)(4) requires that information which is provided
auditorially be available in visual form and, where appropriate, in
tactile form. Individuals who are deaf or hard of hearing may be unable
to hear auditory output or to hear mechanical and other sounds that are
emitted by a product which may be needed for its safe or effective
operation.
Paragraph (b)(5) requires information which is provided
auditorially to be available in enhanced auditory fashion (i.e.,
increased amplification, or increased signal-to-noise ratio).
Individuals who are hard of hearing may prefer to use their residual
hearing as an alternative to access strategies used by people who are
deaf. The direct voice output of a caller is specified further in
paragraphs (b)(9) and (b)(10).
Paragraph (b)(6) requires that flashing visual displays and
indicators shall not exceed a frequency of 3 Hz to avoid triggering a
seizure in an individual with photosensitive epilepsy. Individuals with
photosensitive epilepsy can have a seizure triggered by displays which
flicker or flash, particularly if the flash has a high intensity and is
within certain frequency ranges. The maximum flash rate of 3 Hz is
derived from research the Access Board sponsored on visual fire
[[Page 19186]]
alarms which typically use high intensity Xenon strobes.
Question 8: The Board seeks comment on whether the 3 Hz value is
appropriate for these guidelines or whether some other value is more
appropriate. If possible, please supply information that supports this
or any other value.
Question 9: The TAAC also recommended a similar provision for non-
inducement of seizures triggered by auditory stimuli. However, the
Board does not have information to set the parameters for such a
requirement. The Board seeks comment on whether such a requirement
should be included and any information that supports a provision.
Paragraph (b)(7) requires products which use audio output modes, to
have an industry standard connector for headphones or personal
listening devices which cuts off the audio speakers when a handset is
picked up or the headphones are plugged in. Individuals using the audio
output mode, as well as individuals using a product with the volume
turned up, need a way to limit the range of audio broadcast.
Paragraph (b)(8) requires that products shall not cause
interference to hearing technologies (including hearing aids, cochlear
implants, and assistive listening devices) which are used by a product
user or bystanders. In the fall of 1995, the FCC formed a steering
committee to initiate a summit on hearing aid compatibility and
accessibility to digital wireless telecommunications. The purpose of
this summit was to continue and formalize discussions among
organizations representing people with hearing loss, hearing aid
manufacturers, and the digital wireless telephone industry, with the
ultimate goal of resolving the issues involved.
A summit meeting was held on January 3-4, 1996, in Washington, DC.
At this summit meeting three working groups were formed. The long-term
solutions user and bystander interference group reached a consensus
that a standards project was needed to document the definition of and
method of measurement for hearing aid compatibility and accessibility
to wireless telecommunications.
Subsequently, the American National Standards Institute's (ANSI)
C63 Committee was petitioned to undertake a joint standards project
documenting the methods of measurement and defining the limits for
hearing aid compatibility and accessibility to wireless
telecommunications. At its April 1996 meeting, ANSI C63 established a
task group under its subcommittee on medical devices to work toward the
development of such standards. The C63.19 task group is continuing to
develop its standard, C63.19-199X, American National Standard for
Methods of Measurement for Hearing Aid Compatibility with Wireless
Communications Devices. When the standard is completed, the Board
intends to reference it in the appendix to these guidelines.
Paragraph (b)(9) requires products providing auditory output by an
audio transducer which is normally held up to the ear to provide a
means for effective wireless coupling to hearing aids. Generally, this
means the earpiece generates sufficient magnetic field strength to
induce an appropriate field in a hearing aid T-coil. The output in this
case is the direct voice output of the transmission source, not the
``machine language'' such as tonal codes transmitted by TTYs.
Paragraph (b)(10) requires products to be equipped with volume
control that provides an adjustable amplification ranging from 18-25 dB
of gain. The gain is to the voice output intended to be heard by the
listener, not Baudot, ASCII, or other machine codes. The proposed level
of amplification is different from that required under the Hearing Aid
Compatibility Act and the FCC's regulations. The FCC requires volume
control that provides, through the receiver in the handset or headset
of the telephone, 12 dB of gain minimum and up to 18 dB of gain
maximum, when measured in terms of Receive Objective Loudness Rating.
(See 47 CFR 68.317(a)).
Question 10: Since functions requiring voice communication are more
specific than the general output functions covered by this section, the
Board seeks comment on whether moving the requirements of paragraphs
(b)(9) and (b)(10) to a different section would be less confusing to
designers and manufacturers.
Subpart D--Requirements for Compatibility With Peripheral Devices and
Specialized Customer Premises Equipment
Section 1193.41 Compatibility
Section 1193.41 requires that when it is not readily achievable to
make a product accessible, the product must be compatible with existing
peripheral devices or specialized customer premises equipment commonly
used by individuals with disabilities to achieve access, if readily
achievable.
Paragraph (a) requires information needed for the operation of a
product (including output, alerts, icons, on-line help, and
documentation) to be available in a standard electronic text format on
a cross-industry standard port. It also requires that all input to and
control of a product shall allow for real time operation by electronic
text input into a cross-industry standard external port and in cross-
industry standard format which do not require manipulation of a
connector by the user. Products shall also provide a cross-industry
standard connector which may require manipulation.
Some individuals with severe or multiple disabilities are unable to
use the built-in displays and control mechanisms on a product and may
need to attach a peripheral device. For example, the requirement for a
standard electronic text format could mean that the product could be
controlled and operated through a laptop computer or similar device
that was adapted to the needs of a specific individual. The requirement
for cross-industry standardization means that the product cannot employ
odd or proprietary protocols or codes. Manufacturers must use industry
standards where they exist. In fact, a number of industry standards
already exist such as IrDA standard 1.1 and standard RJ-11 phone
connectors. In addition, if audio output is delivered through a
standard 9 mm phone jack, it can be used by any common personal audio
headset on the market.
The cross-industry standard port has two components, one which does
not require manipulation of a connector by the user, and one which may.
The intent is to move toward the use of wireless connection
technologies, such as infrared, because some individuals with
disabilities will have difficulty manipulating plugs and connectors.
However, the Telecommunications Act requires compatibility with devices
``* * * commonly used by individuals with disabilities'' to achieve
access. Many devices in use today are not equipped with infrared or
other wireless ports. That is why the cross-industry standard port can
also require manipulation, such as a plug.
For some peripheral devices, a simple infrared transceiver can be
plugged into a convenient serial or parallel port. Providing such a
device to consumers with the appropriate peripheral devices may allow
manufacturers to meet both requirements.
Paragraph (b) requires products providing auditory output to
provide the auditory signal through an industry standard connector at a
standard signal level. Individuals using amplifiers, audio couplers,
and other audio processing devices need a place to tap
[[Page 19187]]
into the audio generated by the product in a standard way.
Paragraph (c) requires that products not cause interference to
hearing technologies (including hearing aids, cochlear implants, and
assistive listening devices) of a product user or bystander.
Individuals who are hard of hearing use hearing aids and other
assistive listening devices, but they cannot be used if products
introduce noise into the listening aids because of stray
electromagnetic interference. See the discussion at section
1193.37(b)(8) regarding a technical standard for acceptable
interference levels which is currently being developed through the
American National Standards Institute.
Paragraph (d) requires touchscreen and touch-operated controls to
be operable without requiring body contact or close body proximity.
Individuals who have artificial hands or use headsticks or mouthsticks
to operate products have difficulty with capacitive or heat-operated
controls which require contact with a person's body.
Paragraph (e) requires that products which provide a function
allowing voice communication and which do not themselves provide a TTY
functionality shall provide a standard non-acoustic connection point
for TTYs. It shall also be possible for the user to easily turn any
microphone on the product on and off to enable the user who can talk to
intermix speech with TTY use. Individuals who use TTYs to communicate
must have a non-acoustic way to connect TTYs to telephones in order to
obtain clear TTY connections, such as through a direct RJ-11 connector.
When a TTY is connected directly into the network, it must be possible
to turn off the acoustic pickup (microphone) to avoid having background
noise in a noisy environment mixed with the TTY signal. Since some TTY
users make use of speech for outgoing communications, the microphone
on/off switch should be easy to flip back and forth or a push-to-talk
mode should be available.
Paragraph (f) requires products providing voice communication
functionality to be able to support use of all cross-manufacturer non-
proprietary standard signals used by TTYs. Some products compress the
audio signal in such a manner that standard signals used by TTYs are
distorted or attenuated, preventing successful TTY communication. Use
of such technology is not prohibited as long as the compression can be
turned off to allow undistorted TTY communication. In addition, this
paragraph would require computer modems to support protocols which are
compatible with TTYs.
Regulatory Process Matters
Executive Order 12866
Under Executive Order 12866, the Board must determine whether these
guidelines are a significant regulatory action. The Executive Order
defines a ``significant regulatory action'' as one that is likely to
result in a rule that may:
``(1) Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.''
For significant regulatory actions that are expected to have an
annual effect on the economy of $100 million or more or adversely
affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities, a
written assessment must be prepared of the costs and benefits
anticipated from the regulatory action and any potentially effective
and reasonably feasible alternatives to the planned regulation.
These guidelines have been developed to assist manufacturers of
telecommunications equipment and customer premises equipment comply
with section 255 of the Telecommunications Act of 1996. Manufacturers
are required to comply with section 255, and therefore these
guidelines, to the extent that it is readily achievable. As discussed
earlier in the preamble under Sec. 1193.3 (Definitions) and
Sec. 1193.21 (Accessibility and Compatibility), the term ``readily
achievable'' means ``easily accomplishable and able to be carried out
without much difficulty or expense.'' Each manufacturer will have to
determine the extent to which compliance is readily achievable,
balancing costs and available resources. The guidelines are also
largely performance based and give manufacturers considerable
flexibility in achieving design solutions. For these reasons, it is
difficult to assess the costs that may be attributable to the
guidelines. Questions are included in the proposed rule to elicit
specific information on the costs and benefits of the guidelines. At
this stage of the rulemaking, the Board has determined that the
proposed rule is not expected to have an annual effect on the economy
of $100 million or more or adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities. The Board will analyze the information
submitted during the comment period and other available data, and if it
is determined at the final rule stage that the guidelines are expected
to have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities, the required written assessment will be prepared.
The Board and the Office of Management and Budget (OMB) have
determined that the proposed rule meets the other criteria for a
significant regulatory action (i.e., the proposed rule raises novel
legal or policy issues arising out of legal mandates), and OMB has
reviewed the proposed rule.
The guidelines adhere to the principles of the Executive Order. The
Board has utilized an advisory committee comprised of representatives
of the telecommunications industry and disability groups to develop the
guidelines. The guidelines are based on the consensus recommendations
of the advisory committee, and represent a balanced and reasonable
means of achieving the objectives of section 255 of the
Telecommunications Act of 1996.
The Board has provided a 45 day comment period, instead of the
usual 60 day period, due to the statutory deadline for issuing a final
rule by August 8, 1997. As noted above, the guidelines have been
developed through an advisory committee process. The public was invited
to attend the advisory committee meetings and participate in
subcommittees and task groups. A listserv site was also established on
the Internet to allow the advisory committee and the public to conduct
discussions between meetings. The public has been afforded a meaningful
opportunity to participate in the development of the guidelines.
[[Page 19188]]
Regulatory Flexibility Act
The Board has determined that the proposed rule will not have a
significant economic impact on a substantial number of small entities,
and that it is therefore not necessary to prepare an initial regulatory
flexibility analysis. As discussed above, manufacturers of
telecommunications equipment and customer premises equipment are
required to comply with section 255 of the Telecommunications Act of
1996, and therefore these guidelines, to the extent that it is
``readily achievable'', which means that is ``easily accomplishable and
able to be carried out without much difficulty or expense.'' By its
terms, the statute recognizes differences in the size and resources of
manufacturers and minimizes the economic impact on small entities.
Questions are included in the proposed rule to elicit information on
how the size of an entity should affect what is readily achievable. The
Board will analyze the information submitted during the comment period,
and if it is determined at the final rule stage that the guidelines
will have a significant economic impact on a substantial number of
small entities, a final regulatory flexibility analysis will be
prepared.
Unfunded Mandates Reform Act
Under the Unfunded Mandates Reform Act, Federal agencies must
prepare a written assessment of the effects of any Federal mandate in a
proposed or final rule that may result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year. As discussed above, at
this stage of the rulemaking, the Board has determined that the
proposed rule is not a significant regulatory action that will reach
the $100 million or more level. The proposed rule seeks specific
information on the costs and benefits of the guidelines. The Board will
analyze the information submitted during the comment period and other
available information, and if it is determined at the final rule stage
that the $100 million or more level is reached, the required written
assessment will be prepared.
Paperwork Reduction Act, Collection of Information: Telecommunications
Act Accessibility Guidelines
Section 1193.25 contains information collection requirements. As
required by the Paperwork Reduction Act of 1995, the Board has
submitted a copy of this section to the Office of Management and Budget
(OMB) for its review.
The public reporting and record keeping burden for this collection
of information is estimated to be 1,350 hours in order for
manufacturers of telecommunications equipment and customer premises
equipment to provide (1) a description of the accessibility and
compatibility features of the equipment on request; and (2) the name
and telephone number of a contact point for obtaining information
concerning the accessibility and compatibility features of the
equipment, alternate formats and customer and technical support for the
equipment.
The estimated burden associated with providing a description of the
accessibility and compatibility features of the equipment on request
was calculated as follows:
Respondents.........................................................150
Average responses
................................................... x 60
Hours per response..................................... x .08 (5
minutes)
Annual reporting burden.......................................720 hours
The estimated burden associated with providing the name and
telephone number of a contact point for obtaining information
concerning the accessibility and compatibility features of the
equipment, alternate formats and customer and technical support for the
equipment was calculated as follows:
Respondents.........................................................150
Average responses
................................................. x 3000
Hours per response................................... x .0014 (5
seconds)
Annual reporting burden.......................................630 hours
Total annual burden hours...................................1,350 hours
Organizations and individuals desiring to submit comments on the
information collection requirements should direct them to the Office of
Information and Regulatory Affairs, OMB, Room 10235, New Executive
Office Building, Washington, DC 20503; Attention: Desk Officer for the
Architectural and Transportation Barriers Compliance Board.
The Board will consider comments by the public on this proposed
collection of information in:
Evaluating whether the proposed collection of information
is necessary for the proper implementation of Section 255 of the
Telecommunications Act of 1996, including whether the information will
have a practical use;
Evaluating the accuracy of the Board's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the
information to be collected; and
Minimizing the burden of collection of information of
those who are to respond, including through the use of appropriate
automated electronic, mechanical, or other technological collection
techniques or other forms of information technology (e.g., permitting
electronic submission of responses).
OMB is required to make a decision concerning the collection of
information contained in these proposed guidelines between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication. This does not affect
the deadline for the public to comment to the Board on the proposed
guidelines.
List of Subjects in 36 CFR Part 1193
Communications, Communications equipment, Individuals with
disabilities, Reporting and recordkeeping requirements,
Telecommunications.
Authorized by vote of the Access Board on March 12, 1997.
Patrick D. Cannon,
Chair, Architectural and Transportation Barriers Compliance Board.
For the reasons set forth in the preamble, the Board proposes to
add part 1193 to chapter XI of title 36 of the Code of Federal
Regulations to read as follows:
PART 1193--TELECOMMUNICATIONS ACT ACCESSIBILITY GUIDELINES
Subpart A--General
Sec.
1193.1 Purpose.
1193.2 Scoping.
1193.3 Definitions.
Subpart B--General Requirements
1193.21 Accessibility and compatibility.
1193.23 Product design, development, and evaluation.
1193.25 Information, documentation, and training.
1193.27 Information pass through.
1193.29 Prohibited reduction of accessibility, usability, and
compatibility.
Subpart C `` Requirements for Accessibility
1193.31 Accessibility.
1193.33 Redundancy and selectability.
1193.35 Input, controls, and mechanical functions.
1193.37 Output, displays, and control functions.
Subpart D `` Requirements for Compatibility With Peripheral Devices and
Specialized Customer Premises Equipment
1193.41 Compatibility.
Appendix to Part 1193--Advisory Guidance
Authority: 47 U.S.C. 255(e).
[[Page 19189]]
Subpart A--General
Sec. 1193.1 Purpose.
This part provides guidelines for accessibility, usability, and
compatibility of telecommunications equipment and customer premises
equipment covered by the Telecommunications Act of 1996 (47 U.S.C.
255).
Sec. 1193.2 Scoping.
This part provides requirements for accessibility, usability, and
compatibility of new products and existing products which undergo
substantial change or upgrade, or for which new releases are
distributed. This part does not apply to minor or insubstantial changes
to existing products that do not affect functionality.
Sec. 1193.3 Definitions.
Terms used in this part shall have the specified meaning unless
otherwise stated. Words, terms and phrases used in the singular include
the plural, and use of the plural includes the singular.
Accessible. Telecommunications equipment or customer premises
equipment which comply with the requirements of subpart C of this part.
Alternate formats. Alternate formats may include, but are not
limited to, Braille, ASCII text, large print, and audio cassette
recording.
Alternate modes. Alternate modes may include, but are not limited
to, voice, fax, relay service, TTY, Internet posting, captioning, text-
to-speech synthesis, and audio description.
Compatible. Telecommunications equipment or customer premises
equipment which comply with the requirements of subpart D of this part.
Customer premises equipment. Equipment employed on the premises of
a person (other than a carrier) to originate, route, or terminate
telecommunications.
Manufacturer. A manufacturer of telecommunications equipment or
customer premises equipment.
Peripheral devices. Devices employed in connection with
telecommunications equipment or customer premises equipment to
translate, enhance, or otherwise transform telecommunications into a
form accessible to individuals with disabilities.
Product. Telecommunications equipment or customer premises
equipment.
Readily achievable. Easily accomplishable and able to be carried
out without much difficulty or expense.
Specialized customer premises equipment. (See Peripheral devices)
Telecommunications. The transmission, between or among points
specified by the user, of information of the user's choosing, without
change in the form or content of the information as sent and received.
Telecommunications equipment. Equipment, other than customer
premises equipment, used by a carrier to provide telecommunications
services, and includes software integral to such equipment (including
upgrades).
Telecommunications service. The offering of telecommunications for
a fee directly to the public, or to such classes of users as to be
effectively available directly to the public, regardless of the
facilities used.
TTY. An abbreviation for teletypewriter. Machinery or equipment
that employs interactive text based communications through the
transmission of coded signals across the standard telephone network.
TTYs can include, for example, devices known as TDDs (telecommunication
display devices or telecommunication devices for deaf persons) or
computers with special modems. TTYs are also called text telephones.
Usable. Means that individuals with disabilities have access to
instructions, product information (including accessible feature
information), documentation, and technical support functionally
equivalent to that provided to individuals without disabilities.
Subpart B--General Requirements
Sec. 1193.21 Accessibility and compatibility.
Where readily achievable, telecommunications equipment and customer
premises equipment shall comply with the requirements of subpart C of
this part. Where it is not readily achievable to comply with subpart C
of this part, telecommunications equipment and customer premises
equipment shall comply with the requirements of subpart D of this part,
if readily achievable.
Sec. 1193.23 Product design, development, and evaluation.
(a) Manufacturers shall evaluate the accessibility and usability of
telecommunications equipment and customer premises equipment and shall
incorporate such evaluation throughout product design, development,
fabrication, and delivery, as early and consistently as possible.
Manufacturers shall identify barriers to accessibility and usability as
part of such a product design and development process.
(b) In developing such a process, manufacturers shall consider the
following factors, as appropriate:
(1) Including individuals with disabilities in target populations
of market research;
(2) Including individuals with disabilities in product design,
testing, pilot demonstrations, and product trials;
(3) Working cooperatively with appropriate disability-related
organizations; and
(4) Making reasonable efforts to validate any unproven access
solutions through testing with individuals with disabilities or with
appropriate disability-related organizations that have established
expertise with individuals with disabilities.
Sec. 1193.25 Information, documentation, and training.
(a) Manufacturers shall provide access to information and
documentation including user guides, installation guides for end-user
installable devices, and product support communications, regarding both
the product in general and the accessibility features of the product,
at no additional charge; and shall take such other steps as necessary
including:
(1) Providing a description of the accessibility and compatibility
features of the product upon request, including, as needed, in
alternate formats or alternate modes;
(2) Providing end-user product documentation in alternate formats
or alternate modes upon request; and
(3) Ensuring usable customer support and technical support, upon
request, in the call centers and service centers which support their
products.
(b) Manufacturers shall include in general product information the
name and telephone number of a contact point for obtaining the
information required by paragraph (a) of this section.
(c) Manufacturers shall provide employee training appropriate to an
employee's function. In developing, or incorporating existing training
programs, consideration shall be given to the following factors:
(1) Accessibility requirements of individuals with disabilities;
(2) Means of communicating with individuals with disabilities;
(3) Commonly used adaptive technology used with the manufacturer's
products;
(4) Designing for accessibility; and
(5) Solutions for accessibility and compatibility.
Sec. 1193.27 Information pass through.
Telecommunications equipment and customer premises equipment shall
pass through all codes, translation protocols, formats or any other
information necessary to provide
[[Page 19190]]
telecommunications in an accessible format. In particular, signal
compression technologies shall not remove information needed for access
or shall restore it upon decompression.
Sec. 1193.29 Prohibited reduction of accessibility, usability, and
compatibility.
No change shall be undertaken which decreases or has the effect of
decreasing the accessibility, usability, and compatibility of
telecommunications equipment or customer premises equipment to a level
less than the requirements of this part.
Subpart C--Requirements for Accessibility
Sec. 1193.31 Accessibility.
When required by subpart B of this part, telecommunications
equipment and customer premises equipment shall be accessible to and
usable by individuals with disabilities and shall comply with
Secs. 1193.33, 1193.35, and 1193.37 as applicable.
Sec. 1193.33 Redundancy and selectability.
Telecommunications equipment and customer premises equipment shall
provide redundancy such that input and output functions are available
in more than one mode. Alternate input and output modes shall be
selectable by the user.
Sec. 1193.35 Input, controls, and mechanical functions.
Input, controls, and mechanical functions shall be locatable,
identifiable, and operable through at least one mode that complies with
the following:
(a) Operable without vision. Functions shall not require user
vision.
(b) Operable with low vision. Functions shall not require user
visual acuity better than 20/70, and shall not rely on audio output.
(c) Operable with little or no color perception. Functions shall
not require user color perception.
(d) Operable without hearing. Functions shall not require user
auditory perception.
(e) Operable with limited manual dexterity. Functions shall not
require fine motor control or simultaneous actions.
(f) Operable with limited reach and strength. Functions shall be
operable with limited reach and strength.
(g) Operable without time-dependent controls. Functions shall not
require a sequential response less than three seconds. Alternatively,
any response time may be selected or adjusted by the user over a wide
range.
(h) Operable without speech. Functions shall not require speech.
(i) Operable with limited cognitive skills. Functions shall
minimize the cognitive, memory, language, and learning skills required
of the user.
Sec. 1193.37 Output, displays, and control functions.
(a) Voice telecommunications shall comply with paragraphs (b)(9)
and (b)(10) of this section.
(b) All information necessary to operate and use the product,
including text, static or dynamic images, icons, or incidental
operating cues, shall be provided through at least one mode that
complies with the following:
(1) Availability of visual information. Information which is
presented visually shall also be available in auditory form.
(2) Availability of visual information for low vision users.
Information which is provided through a visual display shall not
require user visual acuity better than 20/70, and shall not rely on
audio.
(3) Access to moving text. Text, other than text output of a TTY,
which is presented in a moving fashion shall also be available in a
static presentation mode at the option of the user.
(4) Availability of auditory information. Information which is
provided in auditory form shall be available in visual form and, where
appropriate, in tactile form.
(5) Availability of auditory information for people who are hard of
hearing. Information which is provided in auditory form shall be
available in enhanced auditory fashion (i.e., increased amplification,
or increased signal-to-noise ratio).
(6) Prevention of visually-induced seizures. Flashing visual
displays and indicators shall not exceed a frequency of 3 Hz.
(7) Availability of audio cutoff. Products which use audio output
modes shall have an industry standard connector for headphones or
personal listening devices (e.g., phone-like handset or earcup) which
cuts off speakers when used.
(8) Non-interference with hearing technologies. Products shall not
cause interference to hearing technologies (including hearing aids,
cochlear implants, and assistive listening devices) of the user or
bystanders.
(9) Hearing aid coupling. Products providing auditory output by an
audio transducer which is normally held up to the ear shall provide a
means for effective wireless coupling to hearing aids.
(10) Availability of enhanced audio. Products shall be equipped
with volume control that provides an adjustable amplification ranging
from 18-25 dB of gain.
Subpart D--Requirements for Compatibility With Peripheral Devices
and Specialized Customer Premises Equipment
Sec. 1193.41 Compatibility.
When required by subpart B of this part, telecommunications
equipment and customer premises equipment shall be compatible with
peripheral devices and specialized customer premises equipment commonly
used by individuals with disabilities to achieve accessibility, and
shall comply with the following provisions, as applicable:
(a) External electronic access to all information and control
mechanisms. Information needed for the operation of products (including
output, alerts, icons, on-line help, and documentation) shall be
available in a standard electronic text format on a cross-industry
standard port and all input to and control of a product shall allow for
real time operation by electronic text input into a cross-industry
standard external port and in cross-industry standard format. The
cross-industry standard port shall not require manipulation of a
connector by the user. Products shall also provide a cross-industry
standard connector which may require manipulation.
(b) Connection point for external audio processing devices.
Products providing auditory output shall provide the auditory signal at
a standard signal level through an industry standard connector.
(c) Non-interference with hearing technologies. Products shall not
cause interference to hearing technologies (including hearing aids,
cochlear implants, and assistive listening devices) of the user or
bystanders.
(d) Compatibility of controls with prosthetics. Touchscreen and
touch-operated controls shall be operable without requiring body
contact or close body proximity.
(e) TTY connectability. Products which provide a function allowing
voice communication and which do not themselves provide a TTY
functionality shall provide a standard non-acoustic connection point
for TTYs. It shall also be possible for the user to easily turn any
microphone on and off to allow the user to intermix speech with TTY
use.
(f) TTY signal compatibility. Products providing voice
communication functionality shall be able to support use of all cross-
manufacturer non-proprietary standard signals used by TTYs.
[[Page 19191]]
Appendix to Part 1193--Advisory Guidance
Introduction
1. This appendix provides examples of strategies and notes to
assist in understanding the guidelines and are a source of ideas for
alternate strategies for achieving accessibility. These strategies
and notes are not mandatory. A manufacturer is not required to
incorporate all of these examples or any specific example.
Manufacturers are free to use these or other strategies in
addressing the guidelines. The examples listed here are not
comprehensive, nor does adopting or incorporating them guarantee an
accessible product. They are meant to provide a useful starting
point for evaluating the accessibility of a product or conceptual
design and are not intended to inhibit innovation. For a more
complete list of all of the published strategies to date, as well as
for further information and links to on-going discussions, the
reader is referred to the National Institute on Disability and
Rehabilitation Research's Rehabilitation Engineering Center on
Access to Telecommunications System's strategies Web site (http://
trace.wisc.edu/world/telecomm/).
2. This appendix is organized to correspond to the sections and
paragraphs of the guidelines in this part to which the explanatory
material relates. This appendix does not contain explanatory
material for every section and paragraph of the guidelines in this
part.
Subpart B--General Requirements
Section 1193.25 Information, Documentation, and Training
Paragraph (a)
Alternate Formats and Alternate Modes
1. This section requires that manufacturers provide access to
information and documentation. The information and documentation
includes user guides, installation guides, and product support
communications, regarding both the product in general and the
accessibility features of the product. Information and documentation
should be provided to people with disabilities at no additional
charge. Alternate formats or alternate modes of this information is
also required to be available. Alternate formats may include, but
are not limited to, Braille, ASCII text, large print, and audio
cassette recording. Alternate modes may include, but are not limited
to, voice, fax, relay service, TTY, Internet posting, captioning,
text-to-speech synthesis, and audio description.
2. In considering how to best provide product information to
people with disabilities, it is essential that information be
provided in an alternate format or mode that is usable by the person
needing the information. For example, some individuals who are blind
might require a manual in Braille to understand and use the product
effectively. Other persons who are blind may prefer this information
on a computer disk. Persons with limited reading skills may need
this information recorded on audio cassette tape so they can listen
to the manual. Still other persons with low vision may be able to
read the text version of the manual if it is provided in a larger
font. Likewise, persons who are deaf may require a captioned
tutorial video, if one is provided, so that they will understand how
to use the product effectively. Finally, individuals who rely on
TTYs will need direct TTY access to a customer service line so they
can ask questions about a product like everyone else.
3. This portion of the appendix explains how to provide
information in alternate formats (Braille, ASCII text, large print,
audio cassette) to persons with disabilities.1 The Access Board
maintains a list of disability-related organizations that can
provide information on local companies that produce information in
alternate formats. The list is available by contacting the Access
Board.
---------------------------------------------------------------------------
\1\ This information was provided by the American Foundation for
the Blind.
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Braille
4. Some persons who are blind rely on the use of Braille in
order to obtain information that is typically provided in print.
These persons may need Braille because of the nature of their
disability (such as persons who are deaf-blind) or because of the
complexity of the material. Most large urban areas have companies or
organizations which can translate printed material to Braille. On
the other hand, manufacturers may wish to consider producing Braille
documents ``in house'' using a personal computer, Braille
translation software, and a Braille printer. The disadvantage is the
difficulty in ensuring quality control and accuracy. Software
programs exist which can translate common word processing formats
directly into Braille, but they are not always error free,
especially if the document contains special characters, jargon,
graphics, or charts. Since the typical office worker will not be
able to proofread a Braille document, the initial apparent cost
saving may be quickly lost by having to re-do documents. The Braille
translation software costs approximately $500 and Braille printers
range from $10,000 to $60,000 depending on the speed and other
features. A Braille printer in the $10,000 to $20,000 range should
be adequate for most users. By using automatic translation software,
individuals who do not have knowledge of Braille or who have limited
computer skills may be able to produce simple Braille documents
without much trouble. If the document is of a complex format,
however, such as a text box over multiple columns, a sophisticated
knowledge of Braille translation software and formatting will be
required.
Electronic Text
5. People who are blind or have low vision and who have access
to computers may be able to use documents in electronic form.
Electronic text must be provided in ASCII or a properly formatted
word processor file. Using electronic text allows this information
to be transmitted through e-mail or other on-line
telecommunications. Blind or low vision persons who have access to a
personal computer can then read the document using synthetic speech,
an electronic Braille display, a large print computer monitor, or
they can produce a hard copy in large print or Braille.
6. Documents prepared for electronic transmission should be in
ASCII. Documents supplied on disk should also be provided in either
ASCII or a word processor format usable by the customer. Word
processing documents should be properly formatted before
distribution or conversion to ASCII. To be correctly formatted, the
document should be in Courier 10 CPI (10 pitch) and formatted for an
80 character line. Tables should be converted to plain text.
Graphics or text boxes should be deleted and explained or described
in text format. This will allow the reader to understand all of the
documentation being presented. Replace bullets () with ``*''
or ``--'' and convert other extended ASCII characters into text.
When converting a document into ASCII or word processor formats, it
is important to utilize the appropriate ``tab key'' and ``centering
key'' rather than using the space bar. This is necessary because
Braille translation software relies on the proper use of commands to
automate the formatting of a Braille document.
Large Print
7. Persons with low vision may require documentation to be
provided in large print. Large print documents can easily be
produced using a scalable font from any good word processing program
and a standard laser printer. Using the document enlargement option
on a photocopier will usually yield unsatisfactory results.
8. To obtain the best results follow these guidelines:
a. Paper should not be larger than standard 8\1/2\-11 inches.
Always use 1 inch margins. Lines longer than 6\1/3\ inches will not
track well for individuals who must use a magnifier.
b. The best contrast with the least glare is achieved on very
pale yellow or cream-colored non-glossy paper, such as paper that is
used for photocopying purposes. To produce a more aesthetic looking
document, an off-white paper may be used and will still give good
contrast while producing less glare than white. Do not use dark
colors and shades of red. Double-sided copying (if print does not
bleed through) will produce a less bulky document.
c. Remove formatting codes that can make reading more difficult.
For example, centered or indented text could be difficult to track
because only a few words will fit on a line. All text should begin
at the left margin. Use only left margin justification to maintain
uniform spacing across lines. Right margin justification can produce
uneven spacing between letters and words. Use 1\1/4\ (1.25) line
spacing; do not double space. Replace tabs with two spaces. Page
numbering should be at the top or bottom left. Avoid columns. If
columns are absolutely necessary, use minimum space between columns.
Use dot leaders for tabular material. Remove graphics, tables, and
charts, but include descriptions, information, or data in text.
d. There is no standard typeface or point size. For more
universal access, use 18 point type; anything larger could make text
too choppy to read comfortably. Use a good
[[Page 19192]]
strong bolded typeface. Do not use italics, fine, or fancy
typefaces. Fonts similar to Helvetica/Swiss Bold or Dutch/Times
Roman Bold are good. Do not use compressed typefaces; there should
be normal ``white space'' between characters.
e. Use upper and lowercase letters.
f. Using these instructions, one page of print (11-12 point
type) will equal approximately three pages of large print (14-18
point) depending on the density of the text.
Cassette Recordings
9. Some persons who are blind or who have learning disabilities
may require documentation on audio cassettes. Audio materials can be
produced commercially or by utilizing the assistance of volunteer
organizations which record material on tape. Agencies sometimes
record material in-house and purchase a high speed tape duplicator
($1,000-2,000) which is used to make cassette copies from the
master. The cost of a duplicator can be higher depending upon the
number of copies produced on a single run, and whether the
duplicator can produce standard speed two-sided copies or half-speed
four-sided copies. Although unit costs can be reduced by using the
four-track, half-speed format, this will require the reader to use a
specially designed playback machine. Tapes can also be produced with
``tone indexing'' to allow a user to skip back and forth from one
section to another. By following a few simple guidelines for
selecting readers and creating recordings, most organizations will
be able to successfully record most simple documents. There is no
legal definition of a qualified reader.
10. The American Foundation for the Blind offers this guidance:
a. The reader should be proficient in the language being
recorded.
b. The reader should be familiar with the subject. Someone who
is familiar with the technical aspects of a product but who can
explain functions in ordinary language would be a logical person to
record an audio cassette.
c. The reader should have good diction. Recording should be done
in a conversational tone and at a conversational pace; neither too
slow nor too fast.
d. The reader should be familiar with the material to minimize
stumbling and hesitation.
e. The reader should not editorialize. When recording a
document, it should be read in full. Graphic and pictorial
information available to sighted readers should be described in the
narrated text. Tables and charts whose contents are not already
contained in text should be converted into text and included in the
recording.
f. The reader should spell difficult or unusual words and words
of foreign origin.
g. At the beginning of the tape, identify the reader, i.e.,
``This document is being read by John Smith.''
h. On each side of the tape, identify the document and the page
number where the reader is continuing, i.e., ``tape 2, side 1, Guide
to Barrier Free Meetings, continuing on page 75.''
Alternate Modes
11. Information is provided increasingly through a variety of
means including television advertisements, Internet postings,
information seminars, and telephone. This portion of the appendix
explains how to provide information in some alternate modes
(captioning, audio description, Internet postings, relay service,
and TTY).
Captioning
12. When manufacturers of telecommunications equipment or
customer premises equipment provide videos with their products (such
as tutorials or information explaining various components of a
product) the video should be available with captioning. Closed
captioning refers to assistive technology designed to provide access
to television for persons with hearing disabilities that is visible
only through the use of a decoder. Open captions are visible at all
times. Captioning is similar to subtitles in that the audio portion
of a television program is displayed as printed words on the
television screen. Captions should be carefully placed to identify
speakers, on- and off-screen sound effects, music and laughter.
Increased captioning was made possible because of the Television
Decoder Circuitry Act which requires all television sets sold in the
United States with screens 13 inches or larger to have built-in
decoder circuitry.
13. Although captioning technology was developed specifically to
make television and video presentations accessible to deaf and hard
of hearing people, there has been widespread interest in using this
technology to provide similar access to meetings, classroom
teaching, and conferences. For meetings, video-conferences,
information seminars, and the like, real-time captioning is
sometimes provided. Real-time captioning uses a stenographic machine
connected to a computer with translation software. The output is
then displayed on a monitor or projected on a screen.
Audio Description
14. Just as manufacturers of telecommunications equipment and
customer premises equipment need to make their videos accessible to
persons deaf or hard of hearing, they must also be accessible to
persons who are blind or have low vision. This process is known as
descriptive video service (DVS), or audio description, in which a
``video soundtrack'' is inserted unobtrusively into pauses in the
regular audio portion of the video. This extra narration provides
otherwise unavailable descriptions such as how to properly place a
disk into a new computer. DVS is accessed by pushing a button on a
stereo television set or VCR which has a standard feature called
Second Audio Program (SAP) channel. No additional special equipment
is needed and there is no extra cost to the end-user.2
---------------------------------------------------------------------------
\2\ This information was provided by the WGBH Foundation which
specializes in closed captioning and descriptive video for persons
with disabilities.
---------------------------------------------------------------------------
Internet Postings
15. The fastest growing way to obtain information about a
product is through use of the Internet, and specifically the World
Wide Web. However, many Internet users with disabilities have
difficulty obtaining this information if it is not correctly
formatted. This section provides information on how to make a World
Wide Web site more accessible to persons with disabilities.3
Because of its structure, the Web provides tremendous power and
flexibility in presenting information in multiple formats (text,
audio, video, and graphic). However, the features that provide power
and elegance for some users present potential barriers for people
with sensory disabilities. The indiscriminate use of graphic images
and video restrict access for people who are blind or have low
vision. Use of audio and non-captioned video restrict access for
people who are deaf or hard of hearing.
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\3\ This information is based on the document ``Writing HTML
Documents and Implementing Accessibility for the World Wide Web'' by
Paul Fountaine, Center for Information Technology Accommodation,
General Services Administration. For further information, see http:/
/ www.gsa.gov/coca.
---------------------------------------------------------------------------
16. The level of accessibility of the information on the Web is
dependent on the format of the information, the transmission media,
and the display system. Many of the issues related to the
transmission media and the display system cannot be affected by the
general user. On the other hand, anyone creating information for a
Web server has control of the accessibility of the information.
Careful design and coding of information will provide access to all
people without compromising the power and elegance of the Web site.
17. A few suggestions are:
a. Every graphic image should have associated text. This will
enable a person using a character-based program, such as Lynx, to
understand the material being presented in the graphical format. It
also allows anyone who does not want to wait for graphics to load to
have quick access to the information on the site.
b. Provide text transcriptions or descriptions for all audio
output. This will enable people who are deaf or hard of hearing to
have access to this information, as well as individuals who do not
have sound cards.
c. Make any link text descriptive, but not verbose. For example,
words like ``this'', ``here'', and ``click'' do not convey enough
information about the nature of the link, especially to people who
are blind. Link text should consist of substantive, descriptive
words which can be quickly reviewed by the user. Conversely, link
text which is too long bogs down efficient browsing.
d. Provide alternate mechanisms for on-line forms. Forms are not
supported by all browsers. Therefore, it is important to provide the
user with an opportunity to select alternate methods to access such
forms.
e. All Web pages should be tested using multiple viewers. At a
minimum, pages should be tested with one version of Mosaic and one
version of Lynx. Ideally, pages should be tested with several
versions of Mosaic, both versions of Lynx, and on other Web
browsers. Pages should also be tested in DOS, Windows, and Unix
environments.
[[Page 19193]]
Telecommunications Relay Services (TRS)
18. By using telecommunications relay services (TRS), it has now
become easier for persons with hearing and speech disabilities to
communicate by the telephone. TRS links TTY users with those who do
not have a TTY and use standard telephones. With TRS, a TTY user
communicates with another person with the help of a communications
assistant. The communications assistant reads the message typed by
the TTY user, or the TTY user speaks for herself. The communications
assistant then types the response from the non-TTY user to be read
on the visual display of the TTY.
19. There are now TRS programs in every state. Although TRS is
very valuable, it does have limitations. For example, relay calls
take longer, since they always involve a third party, and typing
words takes longer than speaking words.
Text Telephones (TTYs)
20. A TTY also provides direct two-way typed conversations. The
cost of these devices begins at approximately $200, for a peripheral
device to which a standard telephone can be attached, and they can
be operated by anyone who can type. Using a TTY skillfully,
especially for communicating technical information, will require
some training, especially to become familiar with the conventions of
TTY usage.
21. The following information is excerpted from the brochure
``Using a TTY'' which is available free of charge from the Access
Board:
a. If the TTY line is also used for incoming voice calls, be
sure the person who answers the phone knows how to recognize and
answer a TTY call. You will usually hear silence, a high-pitched,
electronic beeping sound, or a pre-recorded voice message when it is
a TTY call. If there is silence, assume it is a TTY call.
b. TTYs should be placed near a standard telephone so there is
minimal delay in answering incoming TTY calls.
c. To initiate a TTY call, place the telephone headset in the
acoustic cups of the TTY adapter. If the TTY unit is directly
connected to the phone line, there is no need to put the telephone
headset in the acoustic cups. Turn the TTY on. Make sure there is a
dial tone by checking for a steady light on the TTY status
indicator.
d. Dial the number and watch the status indicator light to see
if the dialed number is ringing. The ring will make a long slow
flash or two short flashes with a pause in between. If the line is
busy, you will see short, continuous flashes on the indicator light.
When the phone is answered, you will see an irregular light signal
as the phone is picked up and placed in the cradle. If you are
calling a combination TTY and voice number, tap the space bar
several times to help the person on the other end identify this as a
TTY call.
e. The person who answers the call is the first to type. Answer
the phone as you would by voice, then type ``GA''.
f. ``GA'' means ``I'm done, go ahead and type''. ``HD'' means
hold. ``GA or SK'' means ``Is there anything more, I'm done''.
``SK'' means stop keying. This is how you show that the conversation
is ended and that you will hang up. It is polite to type good-bye,
thank you for calling, or some other closing remark before you type
``SK''. Stay on the line until both parties type SKSK.
22. Because of the amount of time it takes to send and receive
messages, it is important to remember that short words and sentences
are desired by both parties. With some TTY calls it is often not
possible to interrupt when the other person is typing. If you get a
garbled message in all numbers or mixed numbers and letters, tap the
space bar and see if the message clears up. If not, when the person
stops typing, you should type, ``Message garbled, please repeat.''
If the garbled messages continue, this may mean that one of the TTYs
is not working properly, there is background noise causing
interference, or that you may have a bad connection. In this case
you should say something like, ``Let's hang up and I'll call you
back.''
23. The typical TTY message will include many abbreviations and
jargon. The message may also include misspelled words because, if
the meaning is clear, many callers will not bother to correct
spelling since it takes more time. Also, some TTY users communicate
in American sign language, a language with its own grammar and
syntax. English may be a second language. Extend the same patience
and courtesy to TTY callers as you do to all others.
Subpart C--Requirements for Accessibility
Section 1193.35 Input, Controls, and Mechanical Functions
Paragraph (a)
Operable Without Vision
1. Individuals who are blind or have low vision cannot locate or
identify controls, latches, or input slits by sight or operate
controls that require sight. Products should be manufactured to be
usable independently by these individuals. For example, individuals
who cannot see must use either touch or sound to locate and identify
controls. If a product uses a flat, smooth touch screen or touch
membrane, the user without vision will not be able to locate the
controls without auditory or tactile cues.
2. Once the controls have been located, the user must be able to
identify the various functions of the controls. Having located and
identified the controls, individuals must be able to operate them.
3. Below are some examples of ways to make products accessible
to persons with visual disabilities:
a. If buttons are used on a product, make them discrete buttons
which can be felt and located by touch. If a flat membrane is used
for a keyboard, provide a raised edge around the control areas or
buttons to make it possible to locate the keys by touch. Once an
individual locates the different controls, he or she needs to
identify what the keys are. If there is a standard number pad
arrangement, putting a nib on the ``5'' key may be all that is
necessary for identifying the numbers. On a QWERTY keyboard, putting
a tactile nib on the ``F'' and ``J'' keys allows touch typists to
easily locate their hands on the key.
b. Provide distinct shapes for keys to indicate their function
or make it easy to tell them apart. Provide Braille labels for keys
and controls for those who read Braille to determine the function
and use of controls.
c. Provide large raised letters for short labels on large
objects. Where it is not possible to use raised large letters, a
voice mode selection could be incorporated that announces keys when
pressed, but does not activate them. This would allow people to turn
on the voice mode long enough to explore and locate the item they
are interested in, then release the voice mode and press the
control. If it is an adjustable control, voice confirmation of the
status may also be important.
d. Provide tactile indication on a plug which is not a self-
orienting plug. Wireless connections, which eliminate the need to
orient or insert connectors, also solve the problem.
e. Avoid buttons that are activated when touched to allow an
individual to explore the controls to find the desired button. If
touch-activated controls cannot be avoided (for example, on a touch
screen), provide an alternate mode where a confirm button is used to
confirm selections (for example, items are read when touched, and
activated when the confirm button is pressed). All actions should be
reversible, or require confirmation before executing non-reversible
actions.
f. Once controls have been located and users know what the
functions are, they must be operable. Some types of controls,
including mouse devices, track balls, dials without markings or
stops, and push-button controls with only one state, where the
position or setting is indicated only by a visual cue, will not be
usable by persons who are blind or have low vision. Providing a
rotational or linear stop and tactile or audio detents is a useful
strategy. Another is to provide keyboard or push-button access to
the functions. If the product has an audio system and
microprocessor, use audio feedback of the setting. For simple
products, tactile markings may be sufficient.
g. Controls may also be shaped so that they can easily be read
by touch (e.g., a twist knob shaped like a pie wedge). For keys
which do not have any physical travel, some type of audio or tactile
feedback should be provided so that the individual knows when the
key has been activated. A two-state key (on/off) should be
physically different in each position (e.g., a toggle switch or a
push-in/pop-out switch), so the person can tell what state the key
is in by feeling it.
h. If an optional voice mode is provided for operating a
product, a simple ``query'' mode can also be provided, which allows
an individual to find out the function and state of a switch without
actually activating it. In some cases, there may be design
considerations which make the optimal mode for a sighted person
inaccessible to someone without vision (e.g., use of a touch screen
or mouse). In these cases, a primary strategy may be to provide a
closely linked parallel method for efficiently achieving the same
results (e.g., keyboard access) if there is a keyboard, or
``SpeedList'' access for touch screens.
[[Page 19194]]
Paragraph (b)
Operable With Low Vision
1. Individuals with low vision often also have hearing
disabilities, especially older individuals. These persons cannot
rely solely on audio access modes commonly used by people who are
blind. Tactile strategies are still quite useful, although many
older persons may not be familiar with Braille. The objective,
therefore, is to maximize the number of people who can use their
residual vision, combined with tactile senses, to operate a product.
2. Strategies for addressing this provision may include the
following:
a. Make the information on the product easier to see. Use high-
contrast print symbols and visual indicators, minimize glare on the
display and control surfaces, provide adequate lighting, position
controls near the items they control to make them easy to find, and
use Arabic instead of Roman numerals.
b. The type-face and type-spacing used can greatly effect
legibility. The spacing between letters should be approximately \1/
16\ the height of uppercase letters and the spacing should be
uniform from one label to the next. Also, symbols can sometimes be
used which are much more legible and understandable than fine print.
c. Where the display is dynamic, provide a means for the user to
enlarge the display and to ``freeze'' it. In addition to making it
easier to see, there are strategies which can be used to reduce the
need to see things clearly in order to operate them.
d. A judicious use of color-coding, always redundant with other
cues, is extremely helpful to persons with low vision. These cues
should follow standard conventions, and can be used to reduce the
need to read labels (or read labels more than the first time). In
addition, all of the tactile strategies discussed under Sec. 1193.35
(a) can also be used here.
Paragraph (c)
Operable With Little or No Color Perception
1. Many people have an inability to see or distinguish between
certain color combinations. Others are unable to see color at all.
2. Strategies for addressing this provision include:
a. Eliminate the need for a person to see color to operate the
product. This does not eliminate the use of color completely but
rather requires that any information essential to the operation of a
product also be conveyed in some other fashion.
b. Avoid color pairs such as red/green and blue/yellow, that are
indistinguishable by people with limited color perception.
c. Provide colors with different hues and intensity so that
colored objects can be distinguished even on a black and white
screen by their different appearance. Depending upon the product,
the manufacturer may also be able to allow users to adjust colors to
match their preferences and visual abilities.
d. Avoid colors with a low luminance.
Paragraph (d)
Operable Without Hearing
1. Individuals who are deaf or hard of hearing cannot locate or
identify controls that require hearing. Products that provide only
audio prompts cannot be used by individuals who are deaf or hard of
hearing. For example, a voice-based interactive product that can be
controlled only by listening to menu items and then pressing buttons
is not accessible. By addressing the output issues under
Sec. 1193.37(b)(4) many accessibility problems that affect input
under this section can be solved.
2. Some strategies include:
a. Text versions of audio prompts could be provided which are
synchronized with the audio so that the timing is the same.
b. If prompts are provided visually and no speech or
vocalization is required, most problems associated with locating,
identifying, and operating controls without hearing will be solved.
Paragraph (e)
Operable With Limited Manual Dexterity
1. Individuals may have difficulty manipulating controls on
products for any number of reasons. Though these disabilities may
vary widely, these persons have difficulty grasping, pinching, or
twisting objects and often have difficulty with finer motor
coordination. Some persons may use a headstick, mouthstick, or
artificial limb.
2. Below are some strategies which will assist in designing
products which will meet the needs of these persons:
a. Provide larger buttons and controls, or buttons which are
more widely spaced, to reduce the likelihood that a user will
accidentally activate an adjacent control.
b. Provide guard bars between the buttons or near the buttons so
that accidental movements would hit the guard bars rather than
accidentally bumping switches.
c. Provide an optional mode where buttons must be depressed for
a longer period of time (e.g., SlowKeys) before they would accept
input to help separate between inadvertent motions or bumps and
desired activation.
d. Where two buttons must be depressed simultaneously, provide
an option to allow them to be activated sequentially (e.g.,
StickiKeys).
e. Avoid buttons which are activated merely by touch, such as
capacitance switches. Where that is difficult to do (e.g., with
touchscreens), provide a ``confirm'' button which an individual can
use to confirm that the item touched is the desired one. Also, make
all actions reversible, or request confirmation before initiating
non-reversible actions.
f. Avoid latches, controls, or key combinations which require
simultaneous activation of two or more buttons, or latches. Also,
avoid very small controls or controls which require rotation of the
wrist or pinching and twisting. Where this is not possible, provide
alternate means for achieving the same functions.
g. Controls which have non-slip surfaces and those that can be
operated with the side of the hand, elbow or pencil can be used to
minimize physical activity required. In some cases, rotary controls
can be used if they can be operated without grasping and twisting
(e.g., a thin pie slice shape control or an edge control). Providing
a concave top on buttons makes them easier to use.
h. Make it easier to insert cards or connectors by providing a
bevel around the slot or connector, or use cards or connectors which
can be inserted in any orientation or which self-center or self-
align. Placing the slot or connector on the front and near a ledge
or open space allows individuals to brace their hands or arms to
make use of the slot or connector easier.
i. For some designs, controls which pose problems for
individuals with disabilities may be the most efficient, logical or
effective mechanism for a majority of users. In these cases, provide
alternate strategies for achieving the same functions, but which do
not require fine manipulation. Speech input or voice recognition
could be provided as an alternate input, although it should not be
the only input technique (see Sec. 1193.35 (h)).
Paragraph (f)
Operable With Limited Reach and Strength
1. Some individuals may have difficulty operating systems which
require reach or strength. The most straight-forward solution to
this problem is to place the controls where they can be easily
reached with minimal changes to body position. Many products also
have controls located on different parts of the product.
2. When this is the case, the following strategies may be used:
a. Allow the functions to be controlled from the keyboard, which
is located directly in front of the user.
b. Allow voice recognition to be used as an option. This
provides input flexibility, but should never be the only means for
achieving a function.
c. Provide a remote control option that moves all of the
controls for the product together on a unit that can be positioned
optimally for the individual. This allows the individual to operate
the product without having to move to it. If this strategy is used,
a standard communication format would be important to allow the use
of alternate remote controls for those who cannot use the standard
remote control.
d. Reduce the force needed to operate controls or latches and
avoid the need for sustained pressure or activity (e.g., use guards
rather than increased strength requirements to avoid accidental
activation of crucial switches).
e. Provide arm or wrist rests or supports, create short cuts
that reduce the number of actions needed, or completely eliminate
the need to operate controls wherever possible by having automatic
adjustments.
Paragraph (g)
Operable Without Time-Dependent Controls
1. Many persons find it very difficult to operate time-dependent
controls.
2. Some strategies which address this problem include:
a. Avoid any timed-out situations or provide instances where the
user must respond to a question or moving display in
[[Page 19195]]
a set amount of time or at a specific time (e.g., a rotating
display).
b. Where timed responses are required or appropriate, allow the
user to adjust them or set the amount of time allotted to complete a
given task. Warn users that time is running out and allow them to
secure extended time.
c. If the standard mode of operation would be awkward or
inefficient, then provide an alternate mode of operation that offers
the same functions.
Paragraph (h)
Operable Without Speech
1. Many individuals cannot speak or speak clearly. Products
which require speech in order to operate them should also provide an
alternate way to achieve the same function.
2. Some strategies to achieve this include:
a. Provide an alternate mechanism for achieving all of the
functions which are controlled by speech. If a product includes
speech identification or verification, provide an alternate
mechanism for this function as well.
b. Include individuals who are deaf or who have speech
disabilities in the subject populations that are used to develop
voice recognition algorithms, so that the algorithms will better
accommodate a wider range of speech patterns.
Paragraph (i)
Operable With Limited Cognitive Skills
1. Many individuals have reduced cognitive abilities, including
reduced memory, sequence tracking, and reading skills. This does not
necessarily prevent these persons from using a telecommunications
product or feature.
2. The following strategies are extensions of techniques for
making products easier for everyone to learn and use:
a. Use standard colors and shapes and group similar functions
together. On products which have some controls that are used by
everyone and other controls which would only be used by advanced
users, it is generally good practice to separate the two, putting
the more advanced features behind a door or under a separate menu
item.
b. Products which read the contents of the display aloud, or
controls which announce their settings, are easier for individuals
who have difficulty reading.
c. Design products that are self-adjusting to eliminate
additional controls which must be learned, and reduce the visual
clutter.
d. On products which have sign-in procedures, allow user
settings to be associated with them when they sign in or insert
their identification card. The system can then autoconfigure to
them. Some new ``smart cards'' are being designed with user
preferences encoded on the card.
e. Where a complex series of steps is required, provide cuing to
help lead the person through the process. It is also helpful to
provide an ``undo'' or back up function, so that any mistakes can be
easily corrected. Most people will find this function helpful.
f. Where functions are not reversible, request some type of
confirmation from the user before proceeding. On labels and
instructions, it is helpful to use short and simple phrases or
sentences. Avoid abbreviations wherever possible. Eliminate the need
to respond within a certain time or to read text within a certain
time.
Section 1193.37 Output, Displays, and Control Functions
Paragraph (b)(1)
Availability of Visual Information
1. Just as persons with visual or cognitive disabilities need to
be able to operate the input, controls, and mechanical functions of
a product, they must also have access to the output functions.
2. The following are strategies for addressing this provision:
a. Provide speech output of all displayed text and labels. For
information which is presented in non-text form (e.g., a picture or
graphic), provide a verbal description unless the graphic is just
decorative. When speech output is provided, allow for the spoken
message to be repeated if the message is very long. A message for
stepping through menus is also helpful.
b. Providing Braille labels for controls is an extremely
effective mechanism for those individuals who read Braille.
c. Large raised print can also be used but is generally
restricted to rather large objects due to the size of the letters.
Paragraph (b)(2)
Availability of Visual Information for Low Vision Users
1. Individuals with low vision often also have hearing
disabilities, especially older individuals. These persons cannot
rely solely on audio access modes commonly used by people who are
blind. Tactile strategies are still quite useful. Many people who
have low vision but are not legally blind can use their vision to
access visually presented information on a product.
2. Strategies for meeting this provision involve:
a. Provide larger, higher contrast text and graphics.
Individuals with 20/200 vision can see lettering if they get close
to it, unless it is very small or has very poor contrast. Although
14 or 18 point type is recommended for visual displays, it is
usually not possible to put this size text on small products.
b. Make the lettering as large and high contrast as possible to
maximize the number of people who can use the product.
c. On displays where the font size can be varied, allow the user
to increase the font size, even if it means that the user must pan
or move in order to see the full display.
Paragraph (b)(3)
Access to Moving Text
1. Moving text can be an access problem because individuals with
low vision, or other disabilities may find it difficult or
impossible to track moving text with their eyes.
2. Strategies to address this requirement may include the
following:
a. Provide a mechanism for freezing the text. Thus, persons
could read the stationary text and obtain the same information.
b. Provide scrolling to display one full line at a time, with a
pause before the next line replaces it.
c. Provide the same information in another type of display which
does not move. The right-to-left scrolling text on a TTY does not
usually present a problem because it can be controlled by asking the
sender to type slower or pause at specified intervals.
Paragraph (b)(4)
Availability of Auditory Information
1. Individuals who have hearing disabilities are unable to
receive auditory output, or mechanical and other sounds that are
emitted by a product. These sounds are often important for the safe
or effective operation of the product. Therefore, information which
is presented auditorially should be available to all users.
2. Some strategies to achieve this include the following:
a. Provide a visual or tactile signal that will attract the
person's attention and alert the user to a call, page, or other
message, or to warn the user of significant mechanical difficulties
in the product.
b. In portable products, a tactile signal such as vibration is
often more effective than a visual signal because a visual signal
may be missed. An auxiliary vibrating signaler might be effective if
it is not readily achievable or effective to build vibration into a
portable product.
c. For stationary products, a prominent visual indicator in the
field of vision (e.g., a screen flash for a computer, or a flashing
light for a telephone) is effective. To inform the user of the
status of a process (e.g., line status on a telephone call, power
on, saving to disk, or disconnected), text messages may be used. It
is also desirable to have an image or light that is activated
whenever acoustic energy is present on a telephone line.
d. Speech messages should be portrayed simultaneously in text
form and displayed where easily seen by the user. Such captions
should usually be verbatim and displayed long enough to be easily
read. If the product provides speech messages and the user must
respond to those messages (e.g., interactive voice response and
voice mail), a TTY accessible method of accessing the product could
be provided. If the product provides interactive communication using
speech and video, it would be helpful to provide a method and
channel for allowing non-speech communication (e.g., text
conversation) in parallel with the video.
e. Certain operations of products make sounds that give status
information, although these sounds are not programmed signals.
Examples include the whir of an operating disk drive and the click
of a key being pushed. Where sounds of this type provide information
important for operating the product, such as a ``beep'' when a key
is activated, provide a light or other visual confirmation of
activation.
Paragraph (b)(5)
Availability of Auditory Information for People Who Are Hard of
Hearing
1. People who are hard of hearing but not deaf can often use
their hearing to access auditory information on a product.
[[Page 19196]]
2. Strategies for addressing this requirement may include the
following:
a. Improve the signal to noise ratio by making the volume
adjustable, increasing the maximum undistorted volume, and
minimizing background noise by such methods as better coupling
between the signal source and the user.
b. Alerting tones are most likely to be heard if they involve
multiple tones, separated in frequency, which contrast with the
environment.
c. Occasionally, varying tones may be preferred for attracting
attention. If speech is used, it is best to test its intelligibility
with individuals who are hard of hearing to maximize its clarity and
ease of understanding. Provide the ability for the user to have any
messages repeated or to repeat the message if no response is
received from the user.
d. For essential auditory information, the information might be
repeated and an acknowledgment from the user requested.
e. The intelligibility of the output can also be maximized by
the location of the speakers and by keeping the speakers away from
noise sources. However, visual displays are often more desirable
than loud prompts or alerts, because the latter reduce privacy and
can annoy others unless the amplified signal is isolated by means of
a headphone, induction coupling, direct plug-in to a hearing aid, or
other methods.
f. The use of a telephone handset or earcup which can be held up
to the ear can improve intelligibility without disturbing others in
the area. If a handset or earcup is used, making it compatible with
a hearing aid allows users to directly couple the auditory signal to
their hearing aids. If the microphone in the handset is not being
used, turning it off will also reduce the amount of background noise
which the person hears in the earpiece. Providing a headphone jack
also allows individuals to plug in headphones, induction loops, or
amplifiers which they may use to hear better.
Paragraph (b)(6)
Prevention of Visually-Induced Seizures
1. Individuals with photo-sensitive epilepsy can have a seizure
triggered by displays which flicker or flash, particularly if the
flash has a high intensity and within certain frequency ranges.
2. Strategies to address this requirement involve reducing or
eliminating screen flicker or image flashing. In particular, the 6-
30 Hz range is the most sensitive frequency range, and should be
avoided. A maximum frequency of 3 Hz has usually been set for visual
fire alarms to provide a margin of safety. The chance of triggering
seizures can also be reduced by avoiding very bright flashes which
occupy a large part of the visual field (particularly in the center
of the visual field) in order to minimize the impact on the visual
cortex.
Paragraph (b)(7)
Availability of Audio Cutoff
1. Individuals using the audio access mode, as well as those
using a product with the volume turned up, need a way to limit the
range of audio broadcast.
2. If an audio headphone jack is provided, a cut-off switch can
be included in the jack so that insertion of the jack would cut off
the speaker. If a telephone-like handset is used, the external
speakers can be turned off when the handset is removed from the
cradle.
Paragraph (b)(8)
Non-Interference With Hearing Technologies
1. Individuals who are hard of hearing use hearing aids and
other assistive listening devices but these devices cannot be used
if a telecommunications product introduces noise into the listening
aids because of stray electromagnetic interference.
2. Strategies for reducing this interference (as well as
improving hearing aid immunity) are being researched. The most
desirable strategy is to avoid the root causes of interference when
a product is initially designed. If the root sources of interference
cannot be removed, then shielding, placement of components to avoid
hearing aid interference, and field-canceling techniques may be
effective. Standards are being developed to limit interference to
acceptable levels, but complete elimination for some technologies
may not yet be practical.
Paragraph (b)(9)
Hearing Aid Coupling
1. Many individuals who are hard of hearing use hearing aids
with a T-coil (or telecoil) feature to allow them to listen to audio
output of products without picking up background noise and to avoid
problems with feedback, signal attenuation or degradation.
2. The Hearing Aid Compatibility (HAC) Act defines a telephone
as hearing aid compatible if it provides internal means for
effective use with hearing aids and meets established technical
standards for hearing aid compatibility.
3. The technical standards for HAC telephones are specified in
ANSI/EIA-504-1989, ``Magnetic Field Intensity Criteria for Telephone
Compatibility with Hearing Aids,'' ANSI/TIA/EIA-504-1-1994, ``An
Addendum to EIA-504,'' which adds the HAC requirements, and the FCC
regulations at 47 CFR 68.317(a).
4. A good strategy for addressing this requirement for any
product held up to the ear would be to meet these same technical
requirements. If not readily achievable to provide built-in telecoil
compatibility, an accessory or other means of providing the electro-
magnetic signal is the next strategy to be considered.
Paragraph (b)(10)
Availability of Enhanced Audio
1. Strategies for addressing this provision are the same as for
paragraph (b)(5) of this section.
Subpart D--Requirements for Compatibility With Peripheral Devices and
Specialized Customer Premises Equipment
Section 1193.41 Compatibility
Paragraph (a)
External Electronic Access to All Information and Control
Mechanisms
1. Some individuals with severe or multiple disabilities are
unable to use the built-in displays and control mechanisms on a
product.
2. The two most common forms of manipulation-free connections
are an infrared connection or a radio frequency connection point.
Currently, the Infrared Data Association (IrDA) infrared connection
point is the most universally used approach. A cross-industry
standard for alternative control and display does not exist, however
a standard protocol is under development.
Paragraph (b)
Connection Point for External Audio Processing Devices
1. Individuals using audio peripheral devices such as
amplifiers, telecoil adapters, or direct-connection into a hearing
aid need a standard, noise free way to tap into the audio generated
by a product.
2. Individuals who cannot hear well can often use products if
they can isolate and enhance the audio output. For example, they
could plug in a headphone which makes the audio louder and helps
shut out background noise; they might feed the signal through an
amplifier to make it louder, or through filters or frequency
shifters to make it better fit their audio profile. If they are
wearing a hearing aid, they may directly connect their hearing aid
to the audio signal or plug in a small audio loop which allows them
to couple the audio signal through their hearing aid's built-in T-
coil.
3. Devices which can process the information and provide visual
and/or tactile output are also possible. The most common strategy
for achieving this requirement is the use of a standard 9 mm
miniature plug-in jack, common to virtually every personal tape
player or radio. For small products, a subminiature phone jack could
be used.
Paragraph (c)
Non-Interference With Hearing Technologies
1. Strategies for addressing this provision are the same as
those for Sec. 1193.37 (b)(8) of this appendix.
Paragraph (d)
Compatibility of Controls With Prosthetics
1. Individuals who have artificial hands or use headsticks or
mouthsticks to operate products have difficulty with capacitive or
heat-operated controls which require contact with a person's body
rather than a tool. Individuals who wear prosthetics are unable to
operate some types of products because they either require motions
that cannot easily be made with a prosthetic hand, or because
products are designed which require touch of the human skin to
operate them (e.g., capacitive touchscreen kiosks), making it
impossible for individuals with artificial
[[Page 19197]]
arms or hands to operate, except perhaps with their nose or chin.
Some individuals who do not have the use of their arms use either a
headstick or a mouthstick to operate products. Controls and
mechanisms which require a grasping and twisting motion should be
avoided.
Paragraph (e)
TTY Connectability
1. Acoustic coupling is subject to interference from ambient
noise, as many handsets do not provide an adequate seal with TTYs.
Therefore, alternate (non-acoustic) connections are needed. Control
of the microphone is needed for situations such as pay-phone usage,
where ambient noise picked up by the mouthpiece often garbles the
signal. For the use of voice carry-over, where the person can speak
but not hear, the user needs to be able to turn the microphone on to
speak and off to allow them to receive the TTY text replies.
2. A TTY can be connected to and used with any
telecommunications product supporting speech communication without
requiring purchase of a special adapter, and the user is able to
intermix speech and clear TTY communication. The most common
approach today is to provide a RJ-11 jack. On very small products,
where there may not be room for this large jack, a miniature or
subminiature phone-jack wired as a ``headset'' jack (with both
speaker and microphone connections) could be used as an alternate
approach. In either case, a mechanism for turning the phone
mouthpiece (microphone) on and off would reduce garbling in noisy
environments, while allowing the user to speak into the microphone
when desired (to conduct conversations with mixed voice and TTY).
For equipment that combines voice communications, displays,
keyboards and data communication functions, it is desirable to build
in direct TTY capability.
Paragraph (f)
TTY Signal Compatibility
1. Some telecommunications systems compress the audio signal in
such a manner that standard signals used by a TTY is distorted or
attenuated preventing successful TTY communication over the system.
A TTY can be used with any product providing voice communication
function.
2. The de facto standard of domestic TTYs is Baudot which has
been defined in ITU-T Recommendation V.18. Although the V.18
standard has been adopted, products are not yet available which meet
its requirements.
3. This provision can be addressed by ensuring that the tones
used can travel through the phones compression circuits undistorted.
It is even more desirable to provide undistorted connectivity to the
telephone line in the frequency range of 390 Hz to 2300 Hz (ITU-T
Recommendation V.18), as this range covers all of the TTY protocols
known throughout the world. An alternate strategy might be to
recognize the tones, transmit them as codes, and resynthesize them
at the other end. In addition, it should be possible for individuals
using TTYs to conduct conversations with mixed voice and TTY, and to
control all aspects of the product and receive any messages
generated by the product.
[FR Doc. 97-9707 Filed 4-17-97; 8:45 am]
BILLING CODE 8150-01-P
