§ 79.109   Activating accessibility features.

   (a) Requirements applicable to digital apparatus. (1) Manufacturers of
   digital apparatus 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, with built-in
   closed-captioning capability must ensure that closed captioning can be
   activated through a mechanism that is reasonably comparable to a
   button, key, or icon. Digital apparatus do not include navigation
   devices as defined in § 76.1200 of this chapter.

   (2) Manufacturers of digital apparatus 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, with
   built-in video description capability must ensure that video
   description can be activated through a mechanism that is reasonably
   comparable to a button, key, or icon. Digital apparatus do not include
   navigation devices as defined in § 76.1200 of this chapter.

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

   (b) Requirements applicable to navigation devices. Manufacturers that
   place navigation devices, as defined in § 76.1200 of this chapter, into
   the chain of commerce for purchase by consumers, and MVPDs that lease
   or sell such navigation devices with built in closed-captioning
   capability must ensure that closed captioning can be activated through
   a mechanism that is reasonably comparable to a button, key, or icon.

   Note 1 to paragraph (b): 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.

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

   (c) 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.

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