36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM
APPENDIX B TO PART 1194 – SECTION 255 OF THE COMMUNICATIONS ACT: APPLICATION AND SCOPING REQUIREMENTS
C101.1 Purpose.
These 255 Guidelines, which consist of 255 Chapters 1 and 2 (Appendix B), along with Chapters 3 through 6 (Appendix C), contain scoping and technical requirements for the design, development, and fabrication of telecommunications equipment and customer premises equipment, and related software, content, and support documentation and services, to ensure their accessibility to and usability by individuals with disabilities. These 255 Guidelines are to be applied to the extent required by regulations issued by the Federal Communications Commission under Section 255 of the Communications Act of 1934, as amended (47 U.S.C. 255).
C101.2 Equivalent Facilitation.
The use of an alternative design or technology that results in substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in Chapters 4 and 5 of the 255 Guidelines is permitted. The functional performance criteria in Chapter 3 shall be used to determine whether substantially equivalent or greater accessibility and usability is provided to individuals with disabilities.
C101.3 Conventional Industry Tolerances.
Dimensions are subject to conventional industry tolerances except where dimensions are stated as a range.
C101.4 Units of Measurement.
Measurements are stated in metric and U.S. customary units. The values stated in each system (metric and U.S. customary units) may not be exact equivalents, and each system shall be used independently of the other.
C102.1 Incorporation by Reference.
The specific editions of the standards and guidelines listed in C102 are incorporated by reference in the 255 Guidelines and are part of the requirements to the prescribed extent of each such reference. Where conflicts occur between the 255 Guidelines and the referenced standards, these guidelines apply. The Director of the Office of Federal Register has approved the standards for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of the referenced standards may be inspected at the Access Board’s office, 1331 F Street, NW, Suite 1000, Washington, DC 20004.
C102.2 American National Standards Institute/ Human Factors and Ergonomics Society (ANSI/HFES).
Copies of the referenced standard may be obtained from Human Factors and Ergonomics Society, P.O. Box 1369, Santa Monica, CA 90406-1369 (http://www.hfes.org/Publications/ProductDetail.aspx?Id=76).
ANSI/HFES 200.2 Human Factors Engineering of Software User Interfaces — Part 2: Accessibility, (2008), IBR proposed for Section 502.4.
C102.3 American National Standards Institute/ Institute of Electrical and Electronics Engineers (ANSI/IEEE).
Copies of the referenced standard may be obtained from the Institute of Electrical and Electronics Engineers, 10662 Los Vaqueros Circle, P.O. Box 3014, Los Alamitos, CA 90720-1264 (http://www.ieee.org).
ANSI/IEEE C63.19-2011 American National Standard for Methods of Measurement of Compatibility between Wireless Communications Devices and Hearing Aids, Committee C63 – Electromagnetic Compatibility, May 27, 2011, IBR proposed for Section 410.4.1.
C102.4 Advanced Television Systems Committee (ATSC).
Copies of the referenced standard may be obtained from the Advanced Television Systems Committee, 1776 K Street NW, Suite 200, Washington, DC 20006-2304 (http://www.atsc.org).
A/53 Digital Television Standard, Part 5: AC-3 Audio System Characteristics, (2010), IBR proposed for Section 412.1.1.
C102.5 IETF.
Internet Engineering Task Force (IETF). Copies of the referenced standard may be obtained from the Internet Engineering Task Force (http://www.ietf.org).
Request for Comments (RFC) 4103, Real-time Transport Protocol (RTP) Payload for Text Conversation (2005), G. Hellstrom, Omnitor AB, and P. Jones, Cisco Systems, IBR proposed for Section 410.6.3.2.
C102.6 International Standards Organization (ISO).
Copies of the referenced standards, may be obtained from International Organization for Standardization, ISO Central Secretariat, 1, ch. de la Voie-Creuse, CP 56 - CH-1211 Geneva 20, Switzerland (http://www.iso.org/iso/catalogue_detail.htm?csnumber=54564).
ISO 14289-1 Document management applications — Electronic document file format enhancement for accessibility — Part 1: Use of ISO 32000-1 (PDF/UA-1), Technical Committee ISO/TC 171, Document Management Applications, Subcommittee SC 2, Application Issues, (2014), IBR proposed for Sections E205.1 and 602.3.1.
C102.7 International Telecommunications Union Telecommunications Standardization Sector (ITU-T).
Copies of the referenced standards may be obtained from the International Telecommunication Union, Telecommunications Standardization Sector, Place des Nations CH-1211, Geneva 20, Switzerland (http://www.itu.int/en/ITU-T).
C102.7.1 ITU-T Recommendation G.722.
General Aspects of Digital Transmission Systems, Terminal Components, 7 kHz Audio-Coding within 64 Kbits/s, (September 2012), IBR proposed for Section 410.5.
C102.7.2 ITU-T Recommendation E.161.
Arrangement of digits, letters and symbols on telephones and other devices that can be used for gaining access to a telephone network, ITU – T Study Group 2, (February 2001), IBR proposed for Section 407.3.2.
C102.8 Telecommunications Industry Association (TIA).
Copies of the referenced standards, published by the Telecommunications Industry Association, may be obtained from IHS, 15 Inverness Way East, Englewood, CO 80112 (http://global.ihs.com).
C102.8.1 TIA 825-A.
A Frequency Shift Keyed Modem for Use on the Public Switched Telephone Network, (2003), IBR proposed for Section 410.6.3.1.
C102.8.2 TIA 1083.
Telephone Terminal Equipment Handset Magnetic Measurement Procedures and Performance Requirements, (March 2007), IBR proposed for Section 410.4.2.
C102.9 Worldwide Web Consortium (W3C).
Copies of the referenced guidelines may be obtained from the W3C Web Accessibility Initiative, Massachusetts Institute of Technology, 32 Vassar Street, Room 32-G515, Cambridge, MA 02139 (http://www.w3.org/TR/WCAG20).
Web Content Accessibility Guidelines (WCAG) 2.0, W3C Recommendation, December 2008, IBR proposed for Sections E205.1, E207.2, 405.1 Exception, 501.1 Exception 1, 504.2, 504.3, 504.4, and 602.3.1.
C103.1 Terms Defined in Referenced Standards.
Terms defined in referenced standards and not defined in C103.4 shall have the meaning as defined in the referenced standards.
C103.2 Undefined Terms.
Any term not defined in C103.4 or in referenced standards shall be given its ordinarily accepted meaning in the sense that the context implies.
C103.3 Interchangeability.
Words, terms, and phrases used in the singular include the plural and those used in the plural include the singular.
C103.4 Defined Terms.
For the purpose of the 255 Guidelines, the terms defined in C103.4 have the indicated meaning.
255 Guidelines.
The guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act as set forth in 255 Chapters 1 and 2 (36 CFR Part 1194, Appendix B), and Chapters 3 through 6 (36 CFR Part 1193, Appendix C).
Application.
Software designed to perform, or to help the user perform, a specific task or tasks.
Assistive Technology (AT).
Any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
Audio Description.
Narration added to the soundtrack to describe important visual details that cannot be understood from the main soundtrack alone. Audio description is a means to inform individuals who are blind or who have low vision about visual content essential for comprehension. Audio description of video provides information about actions, characters, scene changes, on-screen text, and other visual content. Audio description supplements the regular audio track of a program. Audio description is usually added during existing pauses in dialogue. Audio description is also called “video description” and “descriptive narration.”
Authoring Tool.
Any software, or collection of software components, that can be used by authors, alone or collaboratively, to create or modify content for use by others, including other authors.
Closed Functionality.
Characteristics that limit functionality or prevent a user from attaching or installing assistive technology. Examples of ICT with closed functionality are self-service machines, information kiosks, set-top boxes, fax machines, calculators, and computers that are locked down so that users may not adjust settings due to a policy such as Desktop Core Configuration.
Content.
Electronic information and data, as well as the encoding that defines its structure, presentation, and interactions.
Customer Premises Equipment (CPE).
Equipment used on the premises of a person (other than a carrier) to originate, route, or terminate telecommunications or interconnected VoIP service. Examples of CPE are telephones, routers, switches, residential gateways, set-top boxes, fixed mobile convergence products, home networking adaptors and Internet access gateways which enable consumers to access communications service providers’ services and distribute them around their house via a Local Access Network (LAN).
Hardware.
A tangible device, equipment, or physical component of ICT, such as telephones, computers, multifunction copy machines, and keyboards.
Information and Communication Technology (ICT).
Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to: computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; websites; videos; and, electronic documents.
Keyboard.
A set of systematically arranged alphanumeric keys or a control that generates alphanumeric input by which a machine or device is operated. A keyboard includes tactilely discernible keys used in conjunction with the alphanumeric keys if their function maps to keys on the keyboard interfaces.
Label.
Text, or a component with a text alternative, that is presented to a user to identify content. A label is presented to all users, whereas a name may be hidden and only exposed by assistive technology. In many cases, the name and the label are the same.
Menu.
A set of selectable options.
Name.
Text by which software can identify a component to the user. A name may be hidden and only exposed by assistive technology, whereas a label is presented to all users. In many cases, the label and the name are the same. Name is unrelated to the name attribute in HTML.
Operable Part.
A component of ICT used to activate, deactivate, or adjust the ICT.
Platform Accessibility Services.
Services provided by a platform enabling interoperability with assistive technology. Examples are Application Programming Interfaces (API) and the Document Object Model (DOM).
Platform Software.
Software that interacts with hardware, or provides services for other software. Platform software may run or host other software, and may isolate them from underlying software or hardware layers. A single software component may have both platform and non-platform aspects. Examples of platforms are: desktop operating systems; embedded operating systems, including mobile systems; Web browsers; plug-ins to Web browsers that render a particular media or format; and sets of components that allow other applications to execute, such as applications which support macros or scripting.
Programmatically Determinable.
Ability to be determined by software from author-supplied data that is provided in a way that different user agents, including assistive technologies, can extract and present the information to users in different modalities.
Real-Time Text (RTT).
Communications using the transmission of text by which characters are transmitted by a terminal as they are typed. Real-time text is used for conversational purposes. Real-time text also may be used in voicemail, interactive voice response systems, and other similar applications.
Software.
Programs, procedures, rules and related data and documentation that direct the use and operation of ICT and instruct it to perform a given task or function.
Specialized Customer Premises Equipment.
Assistive technology used by individuals with disabilities to originate, route, or terminate telecommunications or interconnected VoIP service. Examples are TTYs and amplified telephones.
Telecommunications.
The signal transmission between or among points specified by the user of information and 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 Equipment Manufacturer.
A manufacturer of ICT that is telecommunications equipment or customer premises equipment.
Terminal.
Device or software with which the end user directly interacts and that provides the user interface. For some systems, the software that provides the user interface may reside on more than one device such as a telephone and a server.
Text.
A sequence of characters that can be programmatically determined and that expresses something in human language.
TTY.
Equipment that enables interactive text based communications through the transmission of frequency-shift-keying audio tones across the public switched telephone network. TTYs include devices for real-time text communications and voice and text intermixed communications. Examples of intermixed communications are voice carry over and hearing carry over. One example of a TTY is a computer with TTY emulating software and modem.
Voice over Internet Protocol (VoIP).
A technology that provides real-time voice communications. VoIP requires a broadband connection from the user’s location and customer premises equipment compatible with Internet protocol.
C201.1 Scope.
Manufacturers of telecommunications equipment shall comply with the requirements in the 255 Guidelines applicable to such equipment when newly released, upgraded, or substantially changed from an earlier version or model. Manufacturers of telecommunications equipment shall also conform to the requirements in the 255 Guidelines for software, content, and support documentation and services where associated with the use of such equipment.
Advisory C201.1 Scope. Existing telecommunications equipment that undergoes minor changes that do not affect functionality is not required to conform to the provisions of these guidelines.
C201.2 Readily Achievable.
When a telecommunications equipment manufacturer determines that conformance to one or more requirements in Chapter 4 (Hardware) or Chapter 5 (Software) would not be readily achievable, it shall ensure that the equipment or software is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to the extent readily achievable.
In determining whether compliance is readily achievable, telecommunications manufacturers should consider the following factors: the nature and cost of the action needed to provide accessibility or compatibility; the overall resources of the telecommunications manufacturer, including financial resources, technical expertise, component supply sources, equipment, or personnel; the overall financial resources of any parent corporation or entity, to the extent such resources are available to the telecommunications manufacturer; and, whether the accessibility solution results in a fundamental alteration in the nature of the product.
C201.3 Access to Functionality.
Telecommunications equipment manufacturers shall ensure that ICT is accessible to and usable by individuals with disabilities by providing direct access to all functionality of ICT. Where telecommunications equipment manufacturers can demonstrate that it is not readily achievable for ICT to provide direct access to all functionality, ICT shall support the use of assistive technology and specialized customer premises equipment where readily achievable.
C201.4 Prohibited Reduction of Accessibility, Usability, and Compatibility.
No change shall be undertaken that decreases, or has the effect of decreasing, the net accessibility, usability, or compatibility of ICT.
EXCEPTION: Discontinuation of a product shall not be prohibited.
C201.5 Design, Development, and Fabrication.
Telecommunications equipment manufacturers shall evaluate the accessibility, usability, and interoperability of ICT during its product design, development, and fabrication.
C202.1 General.
Where the requirements in Chapters 4 and 5 do not address one or more features of ICT, the features not addressed shall conform to the Functional Performance Criteria specified in Chapter 3.
C203.1 General.
Regardless of the medium or the method of transmission and storage, electronic content integral to the use of ICT shall conform to Level A and Level AA Success Criteria and Conformance Requirements specified for Web pages in WCAG 2.0 (incorporated by reference in Chapter 1) or ISO 14289-1 (PDF/UA-1) (incorporated by reference in Chapter 1).
C204.1 General.
Where components of ICT are hardware, and transmit information or have a user interface, those components shall conform to applicable requirements in Chapter 4.
EXCEPTION: Components of ICT shall not be required to conform to 402, 407.11, 407.12, 408, and 409.
C205.1 General.
Where components of ICT are software and transmit information or have a user interface, those components shall conform to C205 and applicable requirements in Chapter 5.
C205.2 WCAG Conformance.
User interface components and content of platforms and applications shall conform to Level A and Level AA Success Criteria and Conformance Requirements specified for Web pages in WCAG 2.0 (incorporated by reference in Chapter 1).
C206.1 General.
Where support documentation and services are provided for ICT, telecommunications equipment manufacturers shall provide such documentation and services in conformance with Chapter 6, upon request and at no additional charge.
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