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

Section 1193.21 Accessibility, usability and compatibility (Section-by-Section Analysis)

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.

Comment. Several comments pointed out that the NPRM applied the readily achievable limitation only to the provisions of Subparts C and D but not to the other provisions in the rule. They correctly noted that the statutory requirements for usability are also subject to the readily achievable limitation. As proposed, the obligations to provide usable documentation seemed to be absolute. Additionally, the Trace Center pointed out that the NPRM was unclear whether the requirements of Subpart D (Requirements for Compatibility With Peripheral Devices and Specialized Customer Premises Equipment) must be met if a product fully complies with the requirements in Subpart C (Requirements for Accessibility and Usability).

Response. The Board agrees that the statute applies the readily achievable limitation to usability as well as accessibility and compatibility. Therefore, the title of this section has been changed and the proposed sections 1193.25, 1193.27 and 1193.29 have been moved to Subpart C and renumbered accordingly. Section 255 does not require telecommunications equipment and customer premises equipment to be both accessible and compatible. Therefore, telecommunications equipment and customer premises equipment are not required to be compatible with peripheral devices or specialized customer premises equipment if they comply with the requirements in Subpart C.