§ 79.108   Video programming guides and menus provided by navigation devices.

   (a)(1) Manufacturers that place navigation devices, as defined by
   § 76.1200 of this chapter, into the chain of commerce for purchase by
   consumers, and multichannel video programming distributors ("MVPDs") as
   defined by § 76.1200 of this chapter that lease or sell such devices
   must ensure that the on-screen text menus and guides provided by
   navigation devices for the display or selection of multichannel video
   programming are audibly accessible in real time upon request by
   individuals who are blind or visually impaired. Manufacturers and MVPDs
   must comply with the provisions of this section only if doing so is
   achievable as defined in § 79.108(c)(2).

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

   Note 2 to paragraph (a)(1): In determining whether a particular device
   is considered a "navigation device" subject to the requirements of this
   section, the Commission will look to the device's built-in
   functionality at the time of manufacture.

   (2) The following functions are used for the display or selection of
   multichannel video programming and must be made audibly accessible by
   manufacturers of navigation devices and MVPDs covered by this section
   when included in a navigation device and accessed through on-screen
   text menus or guides:

   (i) 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).

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

   (iii) 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.).

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

   (v) 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.).

   (vi) 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).

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

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

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

   (3) Manufacturers of navigation devices and MVPDs covered by this
   section must ensure that the following functions are made accessible,
   as defined by § 79.107(a)(3), to individuals who are blind or visually
   impaired:

   (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.

   (4) With respect to navigation device features and functions:

   (i) Delivered in software, the requirements set forth in this section
   shall apply to the manufacturer of such software; and

   (ii) Delivered in hardware, the requirements set forth in this section
   shall apply to the manufacturer of such hardware.

   (5) Manufacturers of navigation devices and MVPDs covered by this
   section must permit a requesting blind or visually impaired individual
   to request an accessible navigation device through any means that such
   covered entities generally use to make available navigation devices to
   other consumers. Any such means must not be more burdensome to a
   requesting blind or visually impaired individual than the means
   required for other consumers to obtain navigation devices. A
   manufacturer that provides navigation devices at retail to requesting
   blind or visually impaired consumers must make a good faith effort to
   have retailers make available compliant navigation devices to the same
   extent they make available navigation devices to other consumers
   generally.

   (6) Manufacturers of navigation devices and MVPDs covered by this
   section must provide an accessible navigation device to a requesting
   blind or visually impaired individual within a reasonable time, defined
   as a time period comparable to the time that such covered entities
   generally provide navigation devices to other consumers.

   (7) Compliance through the use of separate equipment or software.
   Manufacturers of navigation devices and MVPDs covered by this section
   may comply with the requirements of paragraphs (a)(1) through (a)(3) of
   this section through the use of software, a peripheral device,
   specialized consumer premises equipment, a network-based service or
   other solution, and shall have maximum flexibility to select the manner
   of compliance. An entity that chooses to comply with paragraphs (a)(1)
   through (a)(3) of this section through the use of separate equipment or
   software must:

   (i) Ensure that any software, peripheral device, equipment, service or
   solution relied upon achieves the accessibility required by this
   section. If a navigation device has any functions that are required to
   be made accessible pursuant to this section, any separate solution must
   make all of those functions accessible or enable the accessibility of
   those functions.

   (ii) Provide any software, peripheral device, equipment, service or
   solution in a manner that is not more burdensome to a requesting blind
   or visually impaired individual than the manner in which such entity
   generally provides navigation devices to other consumers.

   (iii) Provide any software, peripheral device, equipment, service or
   solution at no additional charge.

   (iv) Provide any software, peripheral device, equipment, service or
   solution within a reasonable time, defined as a time period comparable
   to the time that such entity generally provides navigation devices to
   other consumers.

   (8) Manufacturers of navigation devices and MVPDs covered by this
   section shall only be responsible for compliance with the requirements
   of this section with respect to navigation devices that such covered
   entities provide to a requesting blind or visually impaired individual.

   (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, 2018 for the following covered entities:

   (1) MVPD operators with 400,000 or fewer subscribers as of year-end
   2012; and

   (2) MVPD systems with 20,000 or fewer subscribers that are not
   affiliated with an operator serving more than 10 percent of all MVPD
   subscribers as of year-end 2012.

   (c)(1) Achievable. MVPDs and manufacturers of navigation device
   hardware or software:

   (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 navigation device 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.

   (d) MVPD notices. Covered MVPDs must notify consumers that navigation
   devices with the required accessibility features are available to
   consumers who are blind or visually impaired upon request as follows:

   (1) When providing information about equipment options in response to a
   consumer inquiry about service, accessibility, or other issues, MVPDs
   must clearly and conspicuously inform consumers about the availability
   of accessible navigation devices.

   (2) MVPDs must provide notice on their official Web sites about the
   availability of accessible navigation devices. MVPDs must prominently
   display information about accessible navigation devices and separate
   solutions on their Web sites in a way that makes such information
   available to all current and potential subscribers. The notice must
   publicize the availability of accessible devices and separate solutions
   and explain the means for making requests for accessible equipment and
   the specific person, office or entity to whom such requests are to be
   made. All information required by this section must be provided in a
   Web site format that is accessible to people with disabilities.

   (e) Verification of eligibility. Entities covered by this section may
   only require consumer verification of eligibility as an individual who
   is blind or visually impaired to the extent the entity chooses to rely
   on an accessibility solution that involves providing the consumer with
   sophisticated equipment and/or services at a price that is lower than
   that offered to the general public. In this situation, entities covered
   by this section must allow a consumer to provide a wide array of
   documentation to verify eligibility for the accessibility solution
   provided. Entities covered by this section that choose to require
   verification of eligibility must comply with the requirements of 47
   U.S.C. 338(i)(4)(A) and 47 U.S.C. 631(c)(1) to protect personal
   information gathered from consumers through their verification
   procedures.

   Effective Date Note: At  79 FR 77251 , Dec. 20, 2014, § 79.108 was added.
   Paragraphs (a)(5) and (c) through (e) 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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