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36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM

See also: Final Rule published to the Federal Register 1/18/17 that jointly updates requirements for ICT covered by Section 508 of the Rehabilitation Act and Section 255 of the Communication Act.

255 CHAPTER 2: SCOPING REQUIREMENTS

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.

Advisory C201.2 Readily Achievable. A determination by a telecommunications equipment manufacturer that it is not readily achievable for ICT to conform to a certain provision does not exempt the ICT in its entirety from coverage under these guidelines. ICT must conform to those provisions that are 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.

Advisory C201.3 Access to Functionality. Built-in direct access to functionality is required when readily achievable. Otherwise, compatibility with assistive technology and specialized customer premises equipment is required when 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.

Advisory C201.5 Design, Development, and Fabrication.Conducting market research, and holding product design testing and trials that include individuals with disabilities, are examples of ways to meet this requirement.

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).

Advisory C203.1 General. WCAG is written to be technology neutral. While oriented towards web pages which are defined as being delivered using HTTP, the WCAG 2.0 Success Criteria and Conformance Requirements can be applied to all electronic content. Guidance can be found at: http://www.w3.org/TR/wcag2ict.

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).

Advisory C205.2 WCAG Conformance. WCAG is written to be technology neutral. While oriented towards web pages which are defined as being delivered using HTTP, the WCAG 2.0 Success Criteria and Conformance Requirements can be applied to non-web documents, user interface components, and the content of platforms and applications. Guidance can be found at: http://www.w3.org/TR/wcag2ict.

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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