36 CFR Part 1194 Electronic and Information Technology Accessibility Standards (Section 508 Standards) - Preamble

Section 1194.23 Telecommunications Products (Preamble, Section-by-Section Analysis)

Paragraph (a) requires that telephone equipment shall provide a standard non-acoustic connection point for TTYs. A TTY is a device that includes a keyboard and display that is used to transmit and receive text over a telephone line using sound. Originally, TTY's used acoustic connections and the user placed the telephone handset on the TTY to transfer the sound signals between the TTY and the telephone. Handsets on many modern telephones do not fit well with many TTY acoustic couplers, allowing interference from outside noise. 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, a 2.5 mm audio jack, or other direct connection. When a TTY is connected directly into the network, it must be possible for the acoustic pickup (microphone) to be turned off (automatically or manually) 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 capability must be automatic or easy to switch back and forth or a push-to-talk mode should be provided. In the Telecommunications Act Accessibility Guidelines (36 CFR Part 1193), the Board recognized that direct-connect TTYs are customer premises equipment (CPE) subject to section 255 of that Act. Since CPE is a subset of electronic and information technology, it is similarly covered by this rule. This provision was adopted from the Board's Telecommunications Act Accessibility Guidelines so that manufacturers of telecommunications and customer premises equipment covered by section 255 of the Telecommunications Act wishing to sell products to the Federal government would have a consistent set of requirements. (See §1194.23(d)(1) in the NPRM.)

Comment. The MMTA commented that providing a direct connection to an analog telephone may be as simple as providing an RJ-11 jack, but that digital phones pose additional problems. It noted that most multi-line business phones operating through a PBX are digital phones. However, it also stated that TTY connectivity can be accomplished by adding an analog line similar to what would be provided for a fax machine. The MMTA further suggested that TTY manufacturers should share the burden for compatibility. Another comment suggested that the Board require the provision of a shelf and outlet for a TTY.

Response. In some cases, the addition of an RJ-11 connector will be the easiest solution. In other cases, the addition of a "smart" adapter may be necessary, similar to the dataports available on many hotel phones. Some adapters and converters have circuitry which determines the nature of the line and plug-in equipment and makes the adjustment automatically while others are manual. There is merit, however, in viewing this provision from the standpoint of the capabilities of a system as opposed to the capabilities of a single desktop unit. There may be cases in which the connection is best made at the PBX level by installing analog phone lines where necessary. The final provision has been modified to allow for either option.

With respect to the suggestion that the standards require a shelf and outlet for a TTY, these standards apply to the electronic and information technology products themselves, not the furniture they occupy. Therefore, these standards do not address auxiliary features such as shelves and electrical outlets.

Paragraph (b) requires that products providing voice communication functionality be able to support use of all commonly used cross-manufacturer, non-proprietary, standard signals used by TTYs. Some products compress or alter the audio signal in such a manner that standard signals used by TTYs are not transmitted properly, preventing successful TTY communication. This provision is consistent with the Telecommunications Act Accessibility Guidelines. (See §1194.23(d)(2) in the NPRM.)

Comment. Comments from industry suggested that the Board should clarify the standard referred to as U.S. standard Baudot communications protocol. They noted that there are several standards in use in Europe. Some European products support more than one of these standards, but not the common U.S. standard. The comments said that such products would arguably comply with the provision but would not meet the intent of section 508.

Response. The proposed rule required that products must support all cross-manufacturer, non-proprietary protocols, not just one or two. Of course, that included the common U.S. Baudot protocol (ANSI/TIA/EIA 825). ASCII is also used, especially on dual mode TTYs, but it is less common. Compliance with international standard ITU-T Recommendation V.18 would meet this provision, but products complying with the ITU standard may not be commercially available. It is important that products and systems support the protocol used by most TTYs currently in use to avoid a disenfranchisement of the majority of persons who are deaf or hard of hearing. However, the intent of this provision is to require support of more than just Baudot or just ASCII. At present, only these two are commonly used in the U.S., but others may come into use later. While the Board does not want to disenfranchise users of current devices, neither does it want to exclude those who buy newer equipment, as long as such devices use protocols which are not proprietary and are supported by more than one manufacturer. Of course, like all the requirements of these standards, this provision is subject to commercial availability. Accordingly, the provision has been changed in the final rule by adding the phrase "commonly used."

Paragraph (c) provides that TTY users be able to utilize voice mail, auto-attendant, and interactive voice response telecommunications systems. Voice mail systems are available which allow TTY users to retrieve and leave TTY messages. This provision does not require that phone systems have voice to text conversion capabilities. It requires that TTY users can retrieve and leave TTY messages and utilize interactive systems. (See §1194.23(d)(3) in the NPRM.)

Comment. One commenter suggested that the Board encourage developers to build-in direct TTY decoding so that external TTYs are not required. For example, if an employee had voice mail with TTY functionality built-in, that employee would be able to read TTY messages through the computer system directly, without needing to attach an external TTY. The commenter noted that this would be beneficial to Federal agencies having telephone communication with members of the public who have speech or hearing disabilities. The agency could then have direct communication rather than being required to use an external TTY device or utilizing a relay service. Another said telecommunications systems should be required to have TTY decoding capability built-in, to the maximum extent possible. Another commenter pointed out that voice mail, voice response, and interactive systems depend on DTMF "touch tones" for operation and that many TTYs do not provide this function. Also, one commenter noted that automatic speech recognition (ASR) is not yet mature, but requested that a requirement for ASR be reviewed every two years to determine the feasibility of including such capabilities in products based on the rapid change of technology.

Response. This provision requires that voice mail, auto-attendant, and interactive voice response systems be usable with TTYs. It is desirable that computers have built-in TTY capability and there are currently systems which can add such functionality to computers. This provision is a performance requirement and the Board does not feel it would be useful to be more specific at this time. The current problems with voice mail and voice response systems are not necessarily susceptible to a single solution and there are several ways to comply, including voice recognition in some cases, depending on the system. Many voice mail systems could record a TTY message, just like a voice message, but the outgoing message needs to include a TTY prompt letting TTY users to know when to start keying. A requirement for a quick response to menu choices is the most frequently reported barrier for relay users. The ability to "opt out" of a menu and connect with an operator or transfer to a TTY system are also ways to make these services available and usable without highly sophisticated decoding technology.

Paragraph (d) addresses access problems that can arise when telecommunications systems require a response from a user within a certain time. Due to the nature of the equipment, users of TTYs may need additional time to read and respond to menus and messages. This provision is identical to section 1194.22(p) discussed above. (See §1194.21(d)(4) in the NPRM.)

Comment. The proposed rule prescribed specific settings for increasing the time-out limit based on a default setting. Commenters raised the point that specifying specific multiples of the default was unrealistic and arbitrary. The MMTA stated that the default was not built-into a system. Rather it was generally something that was set by an installer or a system administrator. It also noted that in order for users to know that more time is needed, they must be alerted that time is about to run out.

Response. The provision has been changed to a performance standard rather than a specific design standard by removing the reference to a specified length of time for users to respond. The Board agrees that it would be difficult for a user to know how much more time is needed even if the time-out could be adjusted. The final rule requires only that a user be notified if a process is about to time-out and be given an opportunity to answer a prompt asking whether additional time is needed.

Paragraph (e) requires that functions such as caller identification must be accessible for users of TTYs, and for users who cannot see displays. (See §1194.23(d)(5) in the NPRM.)

Comment. One commenter thought the reference to telecommunications relay services in the NPRM implied that caller identification information must somehow be transmitted directly to the end-user.

Response. Since the end-users in a telecommunications relay service are not directly connected, passing along caller identification information is not commonly done, therefore, the reference to relay services has been deleted to avoid confusion.

Paragraph (f) requires products to be equipped with volume control that provides an adjustable amplification up to a minimum of 20 dB of gain. If a volume adjustment is provided that allows a user to set the level anywhere from 0 to the upper requirement of 20 dB, there is no need to specify a lower limit. If a stepped volume control is provided, one of the intermediate levels must provide 12 dB of gain. The gain applies to the voice output. (See §1194.23(d)(6) in the NPRM.)

Comment. Several commenters supported the provision for a 20 dB gain, but some supported a 25 dB requirement, pointing out that many persons who are hard of hearing need more than 20 dB amplification. Others urged the Board to adopt the current Federal Communications Commission's (FCC) requirement for a minimum of 12 dB and a maximum of 18 dB. Some commenters said amplifying a poor quality signal would not be useful and that the amplification may itself introduce distortion.

Response. The proposed level of amplification was different from that required under the FCC regulations implementing the Hearing Aid Compatibility Act (47 CFR 68.317 (a)). 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.

The Board's provision is consistent with the 1998 ANSI A117.1 document, "Accessible and Usable Buildings and Facilities." ANSI is the voluntary standard-setting body which issues accessibility standards used by the nation's model building codes. The Board has issued a separate NPRM to harmonize the existing ADAAG provision with the ANSI standard. The FCC originally selected its requirement to be consistent with the ADA Accessibility Guidelines now being proposed for amendment. This provision is consistent with the proposed ADA and Architectural Barriers Act Accessibility Guidelines and the Telecommunications Act Accessibility Guidelines. No changes were made to this provision in the final rule.

Paragraph (g) requires that an automatic reset be installed on any telephone that allows the user to adjust the volume higher than the normal level. This is a safety feature to protect people from suffering damage to their hearing if they accidentally answer a telephone with the amplification turned too high. (See §1194.23(d)(7) in the NPRM.)

Comment. Most commenters supported the provision for an automatic reset. One commenter said the reset would be a problem for an individual user who would be required to constantly readjust his or her telephone to a usable level.

Response. The provision is adopted from the ADA Accessibility Guidelines, where it applies to public phones used by many people. The FCC's Part 68 rules require an automatic reset when the phone is hung up if the volume exceeds 18 dB gain. To provide the ability to override the reset function would require a waiver from the FCC since the standards require a 20 dB gain. No changes have been made to this section in the final rule.

Paragraph (h) requires telephones, or other products that provide auditory output by an audio transducer normally held up to the ear, to provide a means for effective wireless coupling to hearing aids. Many hearing aids incorporate "T-coils" that generate sounds based on magnetic signals received from earpieces that can generate the appropriate magnetic field. Generally, this provision 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. For example, a telephone must generate a magnetic output so that the hearing aid equipped with a T-coil can accurately receive the message. This provision is consistent with the Telecommunications Act Accessibility Guidelines. (See §1194.23(d)(8) in the NPRM.) No substantive comments were received and no changes have been made to this section in the final rule.

Paragraph (i) requires that interference to hearing technologies be reduced to the lowest possible level that allows a user of hearing technologies to utilize a telecommunications product. 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 electromagnetic interference. (See §1194.23(d)(9) in the NPRM.)

Comment. The American National Standards Institutes (ANSI) is developing methods of measurement and defining the limits for hearing aid compatibility and accessibility to wireless telecommunications. At the time of the proposed rule, the ANSI C63.19 ANSI/IEEE Standard for Hearing Aid Compatibility with Wireless Devices was not completed. The NPRM noted that the Board may ultimately incorporate the standard when it is completed. Several commenters recommended referencing the work of the ANSI committee.

Response. The ANSI committee has recently completed its work. No changes have been made to this provision in the final rule and the provision continues to be a performance standard rather than a specific design standard. However, compliance with the ANSI C63.19 ANSI/IEEE Standard for Hearing Aid Compatibility with Wireless Devices would meet this provision.

Paragraph (j) provides that all products that act as a transport or conduit for information or communication shall pass all codes, translation protocols, formats, or any other information necessary to provide information or communication in a usable 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 products from stripping out such information or requires the information to be restored at the end point. (See §1194.25(a) in the NPRM.) No substantive comments were received and no changes have been made to this section in the final rule.

Paragraph (k) addresses controls that require some physical force to activate. It is the application of force to these controls that distinguishes them from touch sensitive controls where the mere presence of a hand or finger is detected and reacted to by the product. (See §1194.23(a) in the NPRM.)

Comment. As proposed, this provision addressed mechanically operated controls, keyboard, and keypads. Commenters were concerned that the provisions were too general. Some commenters said that it was possible to interpret this section as applying to touchscreens, and that making touchscreen controls compliant with these provisions was not possible. Commenters also raised the question of whether the proposed standards would require every product to have a keyboard.

Response. This provision has been amended to clarify its application to mechanically operated controls. The provision only applies to products which have mechanically operated controls or keys and therefore does not require every product to have a keyboard. This provision was not intended to apply to touchscreens as touchscreens do not have mechanically operated controls.

Paragraph (k)(1) provides that mechanically operated controls and keys shall be tactilely discernible without activating the controls or keys. Tactilely discernible means that individual keys can be located and distinguished from adjacent keys by touch. To comply with this provision, controls that must be touched to activate, must be distinguishable from each other. This can be accomplished by using various shapes, spacing, or tactile markings. Because touch is necessary to discern tactile features, this provision provides that the control should not be activated by mere contact. For example, the standard desktop computer keyboard would meet this provision because the tactile mark on the "j" and "f" keys permits a user to locate all other keys tactilely. The geographic spacing of the function, "numpad" and cursor keys make them easy to locate by touch. In addition, most keyboards require some pressure before they transmit a keystroke. Conversely, "capacitance" keyboards that react as soon as they are touched and have no raised marks or actual keys would not meet this provision. A "membrane" keypad with keys that must be pressed can be made tactilely discernible by separating keys with raised ridges so that individual keys can be distinguished by touch. (See §1194.23(a)(1) in the NPRM.) No substantive comments were received and no changes have been made to this section in the final rule.

Paragraph (k)(2) provides that mechanically operated controls shall be accessible to persons with limited dexterity. 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 to be used simultaneously for operation. Individuals with high spinal cord injuries, arthritis, and other conditions may have difficulty operating controls which require significant strength. The provision limits the force required to five pounds and is based on §4.27.4 of the ADA Accessibility Guidelines and is consistent with the Telecommunications Act Accessibility Guidelines. (See §1194.23(a)(3) in the NPRM.)

Comment. The ITIC was concerned about requiring that all controls be easily activated. They pointed out that on many pieces of equipment the on/off switch is purposely set so that it is hard to activate. This is done to prevent accidental shut-down of equipment such as with a network server. They felt it was unreasonable to require changing that type of control.

Response. The Board has addressed this issue by adding §1194.3(f) which exempts such controls from these standards. The on/off switch on a network server for example, would be operated only when maintenance of the equipment was required and would not be for normal operation. No changes have been made to this section in the final rule.

Paragraph (k)(3) establishes provisions for key repeat rate where an adjustable keyboard repeat rate is supported. It requires that the keyboard delay before repeat shall be adjustable to at least two seconds per character. (See §1194.23(a)(5) in the NPRM.) No substantive comments were received and no changes have been made to this section in the final rule.

Paragraph (k)(4) provides that the status of toggle controls such as the "caps lock" or "scroll lock" keys be determined by both visual means and by touch or sound. For example, adding audio patterns such as ascending and descending pitch tones that indicate when a control is turned on or off would alleviate the problem of a person who is blind inadvertently pressing the locking or toggle controls. Also, buttons which remain depressed when activated or switches with distinct positions would meet this provision. (See §1194.23(a)(2) in the NPRM.) No substantive comments were received and no changes have been made to this section in the final rule.