§ 1.1803   Definitions.

   For purposes of this part, the term—

   Auxiliary aids means services or devices that enable persons with impaired
   sensory,  manual,  or  speaking skills to have an equal opportunity to
   participate in, and enjoy the benefits of, programs or activities conducted
   by the Commission. For example, auxiliary aids useful for persons with
   impaired vision include readers, Brailled materials, audio recordings, and
   other similar services and devices. Auxiliary aids useful for persons with
   impaired hearing include telephone handset amplifiers, telephones compatible
   with hearing aids, telecommunication devices for deaf persons (TTY/TDDs),
   interpreters, Computer-aided realtime transcription (CART), captioning,
   notetakers, written materials, and other similar services and devices.

   Commission means Federal Communications Commission.

   Complete complaint means a written statement, or a complaint in audio,
   Braille, electronic, and/or video format, that contains the complainant's
   name and address and describes the Commission's alleged discriminatory
   action in sufficient detail to inform the Commission of the nature and date
   of  the  alleged  violation  of section 504. It shall be signed by the
   complainant or by someone authorized to do so on his or her behalf. The
   signature of the complainant, or signature of someone authorized by the
   complainant  to do so on his or her behalf, shall be provided on print
   complaints. Complaints in audio, Braille, electronic, and/or video formats
   shall contain an affirmative identity statement of the individual, which for
   this  purpose  shall  be considered to be functionally equivalent to a
   complainant's signature. Complaints filed on behalf of classes or third
   parties  shall describe or identify (by name, if possible) the alleged
   victims of discrimination.

   Facility means all or any portion of buildings, structures, equipment,
   roads, walks, parking lots, or other real or personal property.

   General Counsel means the General Counsel of the Federal Communications
   Commission.

   Individual with a disability means any individual who has a physical or
   mental  impairment  that  substantially  limits one or more major life
   activities, has a record of such an impairment, or is regarded as having
   such an impairment. As used in this definition, the phrase:

   (1) Physical or mental impairment includes, but is not limited to—

   (i) Any physiological disorder or condition, cosmetic disfigurement, or
   anatomical  loss  affecting one or more of the following body systems:
   Neurological; musculoskeletal; special sense organs; respiratory, including
   speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic
   and lymphatic; skin; and endocrine;

   (ii) Any mental or psychological disorder, such as mental retardation,
   organic brain syndrome, emotional or mental illness, and specific learning
   disabilities;

   (iii)  Diseases and conditions such as orthopedic, visual, speech, and
   hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple
   sclerosis; cancer; heart disease; diabetes; mental retardation; emotional
   illness; and drug addiction and alcoholism.

   (2) Major life activities include functions such as caring for one's self,
   performing manual tasks, walking, seeing, hearing, speaking, breathing,
   learning, and working.

   (3) Has a record of such an impairment means has a history of, or has been
   misclassified as having, a mental or physical impairment that substantially
   limits one or more major life activities.

   (4) Is regarded as having an impairment means—

   (i) Has a physical or mental impairment that does not substantially limit
   major life activities but is treated by the Commission as constituting such
   a limitation;

   (ii) Has a physical or mental impairment that substantially limits major
   life activities only as a result of the attitudes of others toward such
   impairment; or

   (iii)  Has  none  of  the impairments defined in paragraph (1) of this
   definition but is treated by the Commission as having such impairment.

   Managing Director means the individual delegated authority as described in
   47 CFR 0.11.

   Programs or Activities mean any activity of the Commission permitted or
   required  by  its  enabling statutes, including but not limited to any
   licensing or certification program, proceeding, investigation, hearing,
   meeting, board or committee.

   Qualified individual with a disability means—

   (1)  With respect to any Commission program or activity under which an
   individual  is  required  to perform services or to achieve a level of
   accomplishment,  an  individual with a disability who, with or without
   reasonable modification to rules, policies, or practices or the provision of
   auxiliary  aids,  meets  the  essential  eligibility  requirements for
   participation in the program or activity and can achieve the purpose of the
   program or activity; or

   (2) With respect to any other program or activity, an individual with a
   disability who, with or without reasonable modification to rules, policies,
   or  practices  or the provision of auxiliary aids, meets the essential
   eligibility requirements for participation in, or receipt of benefits from,
   that program or activity; or

   (3) The definition of that term as defined for purposes of employment in 29
   CFR 1630.2(m), which is made applicable to this part by § 1.1840.

   Section 504 means section 504 of the Rehabilitation Act of 1973, Public Law
   93-112, 87 Stat. 394, 29 U.S.C. 794, as amended by the Rehabilitation Act
   Amendments  of  1974,  Public  Law  93-516,  88  Stat.  1617,  and the
   Rehabilitation, Comprehensive Services, and Developmental Disabilities
   Amendments of 1978, Public Law 95-602, 92 Stat. 2955, and the Rehabilitation
   Act Amendments of 1986, sec. 103(d), Public Law 99-506, 100 Stat. 1810. As
   used  in this part, section 504 applies only to programs or activities
   conducted by Executive agencies and not to federally assisted programs.

   Section 504 means section 504 of the Rehabilitation Act of 1973, Public Law
   93-112, 87 Stat. 394, 29 U.S.C. 794, as amended. As used in this part,
   section 504 applies only to programs or activities conducted by Executive
   agencies and not to federally assisted programs.

   [ 68 FR 22316 , Apr. 28, 2003, as amended at  76 FR 70909 , Nov. 16, 2011]

   return arrow Back to Top