§ 79.107   User interfaces provided by digital apparatus.

   (a)(1) A manufacturer of digital apparatus manufactured in or imported
   for use in the United States and designed to receive or play back video
   programming transmitted in digital format simultaneously with sound,
   including apparatus designed to receive or display video programming
   transmitted in digital format using Internet protocol, must ensure that
   digital apparatus be designed, developed, and fabricated so that
   control of appropriate built-in functions included in the digital
   apparatus are accessible to and usable by individuals who are blind or
   visually impaired. Digital apparatus do not include navigation devices
   as defined in § 76.1200 of this chapter. Manufacturers must comply with
   the provisions of this section only if achievable as defined in
   § 79.107(c)(2).

   Note 1 to paragraph (a)(1): The term digital apparatus as used in this
   section includes the physical device and the video player(s) capable of
   displaying video programming transmitted in digital format
   simultaneously with sound that manufacturers install into the devices
   they manufacture before sale, whether in the form of hardware,
   software, or a combination of both, as well as any video players
   capable of displaying video programming in digital format transmitted
   simultaneously with sound that manufacturers direct consumers to
   install after sale. The term software includes third-party applications
   that are pre-installed on a device by the manufacturer or that the
   manufacturer directs consumers to install after sale.

   Note 2 to paragraph (a)(1): This paragraph places no restrictions on
   the importing, shipping, or sale of digital apparatus manufactured
   before the applicable compliance deadline for this section.

   (2) If on-screen text menus or other visual indicators built in to the
   digital apparatus are used to access the appropriate built-in apparatus
   functions, manufacturers of the digital apparatus must ensure that
   those functions are accompanied by audio output that is either
   integrated or peripheral to the digital apparatus, so that such menus
   or indicators are accessible to and usable by individuals who are blind
   or visually impaired in real time.

   (3) For appropriate built-in digital apparatus functions that are not
   accessed through on screen text menus or other visual indicators, i.e.,
   those that are not required to be accompanied by audio output in
   accordance with paragraph (a)(2) of this section, manufacturers of
   digital apparatus must make such functions accessible to individuals
   who are blind or visually impaired by ensuring that the input, control,
   and mechanical functions are locatable, identifiable, and operable in
   accordance with each of the following, assessed independently:

   (i) Operable without vision. The digital apparatus must provide at
   least one mode that does not require user vision.

   (ii) Operable with low vision and limited or no hearing. The digital
   apparatus must provide at least one mode that permits operation by
   users with visual acuity between 20/70 and 20/200, without relying on
   audio output.

   (iii) Operable with little or no color perception. The digital
   apparatus must provide at least one mode that does not require user
   color perception.

   (4) Appropriate built-in apparatus functions are those functions that
   are used for receiving, playing back, or displaying video programming,
   and include the following functions:

   (i) Power On/Off. Function that allows the user to turn the device on
   or off.

   (ii) Volume Adjust and Mute. Function that allows the user to adjust
   the volume and to mute or un-mute the volume.

   (iii) Channel/Program Selection. Function that allows the user to
   select channels and programs (e.g., via physical numeric or channel
   up/channel down buttons or via on screen guides and menus).

   (iv) Display Channel/Program Information. Function that allows the user
   to display channel or program information.

   (v) Configuration--Setup. Function that allows the user to access and
   change configuration or setup options (e.g., configuration of video
   display and audio settings, selection of preferred language for
   onscreen guides or menus, etc.).

   (vi) Configuration--CC Control. Function that allows the user to enable
   or disable the display of closed captioning.

   (vii) Configuration--CC Options. Function that allows the user to
   modify the display of closed caption data (e.g., configuration of the
   font size, font color, background color, opacity, etc.).

   (viii) Configuration--Video Description Control. Function that allows
   the user to enable or disable the output of video description (i.e.,
   allows the user to change from the main audio to the secondary audio
   stream that contains video description, and from the secondary audio
   stream back to the main audio).

   (ix) Display Configuration Info. Function that allows the user to
   display how user preferences are currently configured.

   (x) Playback Functions. Function that allows the user to control
   playback functions (e.g., pause, play, rewind, fast forward, stop, and
   record).

   (xi) Input Selection. Function that allows the user to select their
   preferred input source.

   (b) Compliance deadline. Compliance with the requirements of this
   section is required no later than December 20, 2016; except that
   compliance with the requirements of this section is required no later
   than December 20, 2021 for the following digital apparatus:

   (1) Display-only monitors and video projectors;

   (2) Devices that are primarily designed to capture and display still
   and/or moving images consisting of consumer generated media, or of
   other images that are not video programming as defined under
   § 79.4(a)(1) of this part, and that have limited capability to display
   video programming transmitted simultaneously with sound; and

   (3) Devices that are primarily designed to display still images and
   that have limited capability to display video programming transmitted
   simultaneously with sound.

   (c)(1) Achievable. Manufacturers of digital apparatus:

   (i) May file a petition seeking a determination from the Commission,
   pursuant to § 1.41 of this chapter, that compliance with the
   requirements of this section is not achievable, which the Commission
   may grant upon a finding that such compliance is not achievable, or

   (ii) May raise as a defense to a complaint or Commission enforcement
   action that a particular digital apparatus does not comply with the
   requirements of this section because compliance was not achievable, and
   the Commission may dismiss a complaint or Commission enforcement action
   upon a finding that such compliance is not achievable.

   (2) The petitioner or respondent must support a petition filed pursuant
   to paragraph (c)(1) of this section or a response to a complaint or
   Commission enforcement action with sufficient evidence to demonstrate
   that compliance with the requirements of this section is not
   "achievable." "Achievable" means with reasonable effort or expense. The
   Commission will consider the following factors when determining whether
   compliance with the requirements of this section is not "achievable"
   under the factors set out in 47 U.S.C. 617(g):

   (i) The nature and cost of the steps needed to meet the requirements of
   this section with respect to the specific equipment or service in
   question;

   (ii) The technical and economic impact on the operation of the
   manufacturer or provider and on the operation of the specific equipment
   or service in question, including on the development and deployment of
   new communications technologies;

   (iii) The type of operations of the manufacturer or provider; and

   (iv) The extent to which the service provider or manufacturer in
   question offers accessible services or equipment containing varying
   degrees of functionality and features, and offered at differing price
   points.

   Effective Date Note: At  79 FR 77251 , Dec. 20, 2014, § 79.107 was added.
   Paragraph (c) of this section contains information collection and
   recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.

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