§ 79.105   Video description and emergency information accessibility
requirements for all apparatus.

   (a) Effective May 26, 2015, all apparatus that is designed to receive or
   play back video programming transmitted simultaneously with sound that is
   provided by entities subject to § § 79.2 and 79.3, is manufactured in the
   United States or imported for use in the United States, and uses a picture
   screen of any size, must have the capability to decode and make available
   the  secondary  audio stream if technically feasible, unless otherwise
   provided in this section, which will facilitate the following services:

   (1) The transmission and delivery of video description services as required
   by § 79.3; and

   (2) Emergency information (as that term is defined in § 79.2) in a manner
   that is accessible to individuals who are blind or visually impaired.

   Note 1 to paragraph (a): Apparatus includes the physical device and the
   video  player(s)  capable  of displaying video programming transmitted
   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 transmitted simultaneously with sound that manufacturers
   direct consumers to install after sale.

   Note  2 to paragraph (a): This paragraph places no restrictions on the
   importing, shipping, or sale of apparatus that were manufactured before May
   26, 2015.

   (b) Exempt apparatus. (1) Display-only monitors. Apparatus or class of
   apparatus that are display-only video monitors with no playback capability
   are not required to comply with the provisions of this section.

   (2) Professional or commercial equipment. Apparatus or class of apparatus
   that are professional or commercial equipment not typically used by the
   public are not required to comply with the provisions of this section.

   (3)(i) Achievable. Apparatus that use a picture screen of less than 13
   inches in size must comply with the provisions of this section only if doing
   so is achievable as defined in this section. Manufacturers of apparatus that
   use  a  picture screen of less than 13 inches in size may petition the
   Commission for a full or partial exemption from the video description and
   emergency information requirements of this section pursuant to § 1.41 of this
   chapter, which the Commission may grant upon a finding that the requirements
   of this section are not achievable, or may assert that such apparatus is
   fully or partially exempt as a response to a complaint, which the Commission
   may dismiss upon a finding that the requirements of this section are not
   achievable.

   (ii) The petitioner or respondent must support a petition for exemption or a
   response  to  a complaint with sufficient evidence to demonstrate that
   compliance with the requirements of this section is not “achievable” where
   “achievable” means with reasonable effort or expense. The Commission will
   consider the following factors when determining whether the requirements of
   this section are not “achievable:”

   (A) 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;

   (B) 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;

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

   (D) 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.

   (4) Waiver. Manufacturers of apparatus may petition the Commission for a
   full  or partial waiver of the requirements of this section, which the
   Commission may grant upon a finding that the apparatus meets one of the
   following provisions:

   (i) The apparatus is primarily designed for activities other than receiving
   or playing back video programming transmitted simultaneously with sound; or

   (ii) The apparatus is designed for multiple purposes, capable of receiving
   or playing back video programming transmitted simultaneously with sound but
   whose essential utility is derived from other purposes.

   (c) Interconnection. Covered apparatus shall use interconnection mechanisms
   that make available the audio provided via a secondary audio stream.

   (d) Beginning December 20, 2016, all apparatus subject to this section must
   provide a simple and easy to use mechanism for activating the secondary
   audio stream for audible emergency information.

   Note  to  paragraph  (d): This paragraph places no restrictions on the
   importing, shipping, or sale of navigation devices that were manufactured
   before December 20, 2016.

   [ 78 FR 31798 , May 24, 2013, as amended at  80 FR 39715 , July 10, 2015]

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