36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble

Usable (Section-by-Section Analysis)

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 1193.33.

Comment. Ericsson points out that neither the Act, nor its legislative history defines "usable" as meaning access to instructions, product information and documentation relative to products. Ericsson suggests that the term "usable" be stricken from the definitions section. The Trace Center recommended some minor editorial changes to the definition as proposed.

Response. The term "usable" in the Act does not stand alone, but, rather is part of a term of art, "accessible to and usable by" persons with disabilities, which is a standard phrase in disability law and regulation. The term generally means more than "convenient and practicable for use" as Ericsson suggested in its comments. Typically, "accessible" means an element complies with a specific technical specification whereas "usable" means a person with a disability can use the element effectively. Something can be accessible but not usable: a door can be built to correct specifications, with proper maneuvering space, but space can be blocked by furniture or otherwise be made unusable. Conversely, something can be usable but not accessible: a door which does not meet maneuvering space requirements (i.e., is not accessible) can be made usable by adding a power operator.

Telecommunications equipment or customer premises equipment is made usable to a purchaser by having instructions; except for the simplest device, it would not be usable by anyone without instructions. If instructions are not provided for any user, instructions in alternate formats would not be required. Accessible features can be provided, but without instructions, the product could not be used.

Where information or documentation is provided for a product, the information or documentation must be provided in an accessible format that is usable by a person with a disability. Clearly, to be usable by persons with disabilities instructions must be in a form they can use: print information is not very helpful to a person who is blind and auditory information is useless to a person who is deaf. A slight editorial change has been made in response to the comment from the Trace Center.