§ 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.

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