§ 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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