Accessibility of User Interfaces, and Video Programming Guides and Menus, 5921-5937 [2016-00929]
Agencies
[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)] [Rules and Regulations] [Pages 5921-5937] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2016-00929] [[Page 5921]] ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 79 [MB Docket No. 12-108; FCC 15-156] Accessibility of User Interfaces, and Video Programming Guides and Menus AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Commission adopts additional rules under the authority of Sections 204 and 205 of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), which mandate the accessibility of user interfaces on digital apparatus and navigation devices used to view video programming. First, the document adopts usability requirements for entities covered by Section 204 of the CVAA and information, documentation, and training requirements for entities covered by both Section 204 and Section 205 of the CVAA. The document also adopts rules that will require manufacturers of digital apparatus and navigation devices to publicize the availability of accessible devices on manufacturer Web sites that must be accessible to those with disabilities. These requirements will ensure that individuals with disabilities have access to information and documentation about the availability of accessible video devices and how to operate them. The document declines to adopt a requirement that multichannel video programming providers include more detailed program information for public, educational, and governmental channels in their video programming guides, finding that such a requirement is outside the scope of Section 205 of the CVAA. Finally, the document reconsiders guidance on which activation mechanisms for closed captioning are reasonably comparable to a button, key, or icon. DATES: Effective March 7, 2016, except for Sec. Sec. 79.107(a)(5), (d), and (e) and 79.108(d)(2) and (f), which contain information collection requirements subject to approval by the Office of Management and Budget. The Commission will publish a document in the Federal Register announcing the effective date for those sections. FOR FURTHER INFORMATION CONTACT: Maria Mullarkey, Maria.Mullarkey@fcc.gov, of the Media Bureau, Policy Division, (202) 418-2120. For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Cathy Williams at (202) 418-2918 or send an email to PRA@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second Report and Order and Order on Reconsideration, FCC 15-156, adopted on November 18, 2015, and released on November 20, 2015. The full text of this document is available electronically via the FCC's Electronic Document Management System (EDOCS) Web site at https://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic Comment Filing System (ECFS) Web site at https://fjallfoss.fcc.gov/ecfs2/. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. This document is also available for public inspection and copying during regular business hours in the FCC Reference Information Center, Federal Communications Commission, 445 12th Street SW., CY-A257, Washington, DC 20554. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to fcc504@fcc.gov or calling the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). I. Introduction 1. In October 2013, the Commission adopted rules that advance the important goal of making video programming accessible to individuals with disabilities on a wide range of consumer devices, allowing consumers who are blind or visually impaired and deaf or hard of hearing to more fully enjoy the benefits of such programming. In this Second Report and Order (Order) and Order on Reconsideration, we take additional steps to fulfill this goal by continuing the Commission's implementation of Sections 204 and 205 of the Twenty-First Century Communications and Video Accessibility Act of 2010 (``CVAA''), which mandate the accessibility of user interfaces on digital apparatus and navigation devices used to view video programming.\1\ --------------------------------------------------------------------------- \1\ Public Law 111-260, 124 Stat. 2751 (2010) (as codified at 47 U.S.C. 303(aa), 303(bb)). See also Amendment of Twenty-First Century Communications and Video Accessibility Act of 2010, Public Law 111- 265, 124 Stat. 2795 (2010) (making technical corrections to the CVAA). The foregoing are collectively referred to herein as the CVAA. --------------------------------------------------------------------------- 2. This Order addresses three areas in which the Commission sought comment in the Further Notice of Proposed Rulemaking (``Further NPRM'') that accompanied the first Report and Order issued in this proceeding.\2\ First, it implements Section 204's requirement that both the ``appropriate built-in apparatus functions'' and the ``on-screen text menus or other visual indicators built in to the digital apparatus'' to access such functions be ``usable by individuals who are blind or visually impaired'' \3\ by relying on the Commission's existing definition of ``usable'' in Section 6.3(l) of our rules.\4\ In addition, it adopts information, documentation, and training requirements comparable to those in Section 6.11 of our rules for entities covered by both Section 204 and Section 205 of the CVAA.\5\ Second, it adopts consumer notification requirements for equipment manufacturers of digital apparatus and navigation devices that will require manufacturers to publicize the availability of accessible devices on manufacturer Web sites that must be accessible to those with disabilities. While multichannel video programming distributors (``MVPDs'') are already subject to Web site notification requirements pursuant to the rules we adopted in the Report and Order, the Order also requires MVPDs, as well as manufacturers, to ensure that the contact office or person listed on their Web site is able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. Finally, the Order declines to adopt a requirement that MVPDs include more detailed program information for public, [[Page 5922]] educational, and governmental (``PEG'') channels in their video programming guides, finding that such a requirement is outside the scope of Section 205 of the CVAA. --------------------------------------------------------------------------- \2\ Accessibility of User Interfaces, and Video Programming Guides and Menus; Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, MB Docket Nos. 12-108, 12-107, Report and Order and Further Notice of Proposed Rulemaking, 78 FR 77210, 78 FR 77074, paras. 138-52 (2013) (``Report and Order and Further NPRM''). The Commission also inquired in the Further NPRM whether to require manufacturers of apparatus covered by Section 203 of the CVAA to provide access to the secondary audio stream for audible emergency information by a mechanism reasonably comparable to a button, key, or icon. Id. at paras. 145-47. The Commission addressed this issue in a recent order in MB Docket No. 12-107. See Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, MB Docket No. 12-107, Second Report and Order and Second Further Notice of Proposed Rulemaking, 80 FR 39698, 80 FR 39722 (2015). \3\ 47 U.S.C. 303(aa)(1)-(2). \4\ 47 CFR 6.3(l). \5\ Id. Sec. 6.11. --------------------------------------------------------------------------- 3. Addressing a Petition for Reconsideration filed by several consumer and academic organizations,\6\ the Order on Reconsideration modifies our decision in the Report and Order by finding that, when a voice control is the sole means of activation for closed captioning, it will not be considered ``reasonably comparable to a button, key, or icon'' under Sections 204 or 205 due to the difficulty many people who are deaf and hard of hearing would encounter in using such an activation mechanism. At the same time, the Order finds that closed captioning and video description activation mechanisms relying on gesture control will be considered ``reasonably comparable to a button, key, or icon'' if they are simple and easy to use. --------------------------------------------------------------------------- \6\ Petition for Reconsideration of the National Association of the Deaf, Telecommunications for the Deaf and Hard of Hearing, Inc., Deaf and Hard of Hearing Consumer Advocacy Network, Association of Late-Deafened Adults, Inc., Hearing Loss Association of America, California Coalition of Agencies Serving the Deaf and Hard of Hearing, Cerebral Palsy and Deaf Organization, Technology Access Program Gallaudet University, filed Jan. 20, 2014 (``Consumer/ Academic Groups Petition''). A substantially similar group of organizations, which included Telecommunication-RERC, but not Technology Access Program Gallaudet University, filed comments and reply comments in response to the Further NPRM (``Consumer/Academic Groups Comments'' and ``Consumer/Academic Groups Reply''). Hereinafter, both groups of organizations will be collectively referred to as the ``Consumer/Academic Groups.'' --------------------------------------------------------------------------- II. Background 4. Among the CVAA's mandates is a requirement that the Commission adopt rules to ensure the accessibility of the user interfaces and video programming guides and menus for digital apparatus and navigation devices.\7\ The CVAA also required the Commission to establish an advisory committee known as the Video Programming Accessibility Advisory Committee (``VPAAC''),\8\ which submitted its statutorily mandated report addressing user interfaces and video programming guides and menus to the Commission on April 9, 2012.\9\ The Commission issued an NPRM in this proceeding on May 30, 2013,\10\ and adopted the Report and Order and Further NPRM on October 29, 2013. In the NPRM and the Report and Order, the Commission provided extensive background information regarding the history of the applicable provisions of the CVAA and the VPAAC Second Report: User Interfaces.\11\ The Report and Order and Further NPRM were published in the Federal Register on December 20, 2013.\12\ Covered entities must comply with the rules adopted in the Report and Order by December 20, 2016, subject to certain exceptions.\13\ Consumer/Academic Groups filed a timely petition for reconsideration within 30 days of the Federal Register publication date.\14\ --------------------------------------------------------------------------- \7\ Public Law 111-260, secs. 204, 205. \8\ Id. at sec. 201(e)(2). Section 201(e)(2) of the CVAA also required the report to include information related to the provision of emergency information and video description, which is part of a separate Commission rulemaking proceeding that addresses Sections 202 and 203 of the CVAA. See Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010; Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, MB Docket Nos. 12-107, 11-43, Report and Order and Further Notice of Proposed Rulemaking, 78 FR 31800, 78 FR 31769 (2013) (``Emergency Information/Video Description Order''). \9\ Second Report of the Video Programming Accessibility Advisory Committee on the Twenty-First Century Communications and Video Accessibility Act of 2010: User Interfaces, and Video Programming Guides and Menus, Apr. 9, 2012, available at https://apps.fcc.gov/ecfs/document/view?id=7021913531 (``VPAAC Second Report: User Interfaces''). \10\ See Accessibility of User Interfaces, and Video Programming Guides and Menus, MB Docket No. 12-108, Notice of Proposed Rulemaking, 78 FR 36478 (2013) (``NPRM''). \11\ NPRM, paras. 2-4; Report and Order and Further NPRM, paras. 8-11. \12\ Federal Communications Commission, 47 CFR part 79, Accessibility of User Interfaces, and Video Programming Guides and Menus, Final Rule, 78 FR 77210 (Dec. 20, 2013); Federal Communications Commission, 47 CFR part 79, Accessibility of User Interfaces, and Video Programming Guides and Menus; Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty- First Century Communications and Video Accessibility Act of 2010, Proposed Rule, 78 FR 77074 (Dec. 20, 2013). \13\ See 47 CFR 79.107(b), 79.108(b), 79.109(c). See also Report and Order and Further NPRM, paras. 111-19. \14\ 47 CFR 1.429(d). The Consumer Electronics Association, Entertainment Software Association, National Cable & Telecommunications Association, and Telecommunications Industry Association each filed oppositions to the Petition for Reconsideration, and Consumer/Academic Groups filed a reply. --------------------------------------------------------------------------- III. Second Report and Order A. Usability and Information, Documentation, and Training Requirements 5. Section 204 Digital Apparatus. We will rely on the Commission's existing definition of ``usable'' in Section 6.3(l) of our rules to implement Section 204's requirement that both the ``appropriate built- in apparatus functions'' and ``on-screen text menus or other visual indicators built in to the digital apparatus'' to access such functions be ``usable by individuals who are blind or visually impaired.'' \15\ Consistent with the language in Section 204 of the CVAA, the Commission required in the Report and Order that covered digital apparatus, ``if achievable . . . be designed, developed, and fabricated so that control of appropriate built-in apparatus functions are accessible to and usable by individuals who are blind or visually impaired.'' \16\ The Commission also required, as mandated by Section 204 of the CVAA, that on-screen text menus or other visual indicators used to access the appropriate built-in apparatus functions ``be accompanied by audio output . . . so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired in real- time.'' \17\ While the Report and Order specified accessibility requirements, i.e., how covered entities should make the appropriate built-in functions ``accessible,'' the Further NPRM sought comment on usability requirements, i.e., how covered entities should make the appropriate built-in functions ``usable.'' \18\ Specifically, the Further NPRM inquired whether to adopt the definition of ``usable'' set forth in Section 6.3(l) of our rules and whether to impose information, documentation, and training requirements consistent with those set forth in Section 6.11 of our rules.\19\ --------------------------------------------------------------------------- \15\ 47 U.S.C. 303(aa)(1)-(2). \16\ Report and Order and Further NPRM, para. 53. The appropriate built-in apparatus functions are those that are used for the reception, play back, or display of video programming and, at this time, include the following functions: Power on/off; volume adjust and mute; channel/program selection; display channel/program information; configuration--setup; configuration--CC control; configuration--CC options; configuration--video description control; display configuration info; playback functions; and input selection. Id. at para. 58; 47 CFR 79.107(a)(4)(i)-(xi). The Commission has stated that it ``may revisit this list if and when technology evolves to a point where devices incorporate new user functions related to video programming that were not contemplated by the VPAAC.'' Report and Order and Further NPRM, para. 59. \17\ Report and Order and Further NPRM, para. 53. \18\ Id. at para. 138. \19\ Id. at paras. 138-39. --------------------------------------------------------------------------- 6. Relying on the existing definition of usability in Section 6.3(l), we require manufacturers of Section 204 digital apparatus to ensure that individuals with disabilities have access to information and documentation on the full functionalities of digital apparatus, including instructions, product information (including accessible feature information), documentation, bills, and technical support which are provided to individuals without disabilities.\20\ Industry and academic [[Page 5923]] commenters were united in their support of our proposal to rely on the Section 6.3(l) usable definition to implement Section 204.\21\ As the Further NPRM stated, the Commission has relied on the Section 6.3(l) definition in other CVAA contexts,\22\ and, given the agreement in the record on this point, we see no reason to depart from that approach here. The Consumer Electronics Association (``CEA'') asks that we ``clarify'' that application of the usability requirement under Section 204 to the ``appropriate'' built-in functions of covered digital apparatus only applies ``to the extent the apparatus includes those functions.'' \23\ We agree with CEA that such an approach would be consistent with the Commission's approach in the Report and Order and adopt it here. Under the standard set forth in the Report and Order when implementing Section 204, a digital apparatus manufacturer is required to make an ``appropriate built-in apparatus function'' of a digital apparatus accessible only to the extent such function is ``included in the device.'' \24\ Similarly, a digital apparatus manufacturer will be required under Section 204 to make usable an ``appropriate built-in apparatus function'' \25\ or an on-screen text menu or other visual indicator that is used to access such function \26\ only to the extent it is included in the device. --------------------------------------------------------------------------- \20\ 47 CFR 6.3(l). The Commission adopted the definition of ``usable'' in Section 6.3(l) of its rules pursuant to Section 255 of the Communications Act of 1934, as amended, which requires telecommunications providers and equipment manufacturers to make their products ``accessible to and usable by'' persons with disabilities. See Implementation of Sections 255 and 251(a)(2) of the Communications Act of 1934, as Enacted by the Telecommunications Act of 1996; Access to Telecommunications Service, Telecommunications Equipment and Customer Premises Equipment by Persons with Disabilities, WT Docket No. 96-198, Report and Order and Further Notice of Inquiry, 16 FCC Rcd 6417, paras. 21-29 (1999). \21\ See Comments of the Consumer Electronics Association at 2-3 (``CEA Comments''); Comments of DISH Network L.L.C. and EchoStar Technologies L.L.C. at 2 (``DISH/EchoStar Comments''); Reply Comments of Rehabilitation Engineering Research Center for Wireless Technologies at 4 (``Wireless RERC Reply''). \22\ Report and Order and Further NPRM, para. 138 (discussing the Commission's reliance on the Section 6.3(l) usable definition when implementing Sections 255, 716, and 718 of the Communications Act). \23\ CEA Comments at 3. \24\ Report and Order and Further NPRM, para. 58. See also id. at para. 60 (``[A]n apparatus covered by Section 204 is not required to include all 11 functions deemed to be `appropriate,' understanding that some of these functions may not be provided for any users on certain devices. We agree with commenters that Section 204 `do[es] not mandate the inclusion of any specific functions' in the design of a covered apparatus. However, to the extent that an apparatus is designed to include an `appropriate' built-in apparatus function, such function must be made accessible in accordance with our rules.'') (citations omitted). \25\ 47 U.S.C. 303(aa)(1). \26\ Id. at sec. 303(aa)(2). --------------------------------------------------------------------------- 7. In addition to implementing the usability requirement of Section 204, we also adopt information, documentation, and training requirements consistent with those set forth in Section 6.11 of our rules. As noted in the Further NPRM, the Commission ``adopted information, documentation, and training requirements when implementing Sections 716 and 718'' of the Communications Act of 1934, as amended (``Act''),\27\ which impose accessibility requirements on providers and manufacturers with respect to advanced communications services and equipment and Internet browsers on mobile phones and, like Section 204, require that covered products be ``accessible to and usable by'' individuals with disabilities.\28\ Section 6.11 requires that manufacturers ensure access to information and documentation it provides to its customers.\29\ Such information and documentation includes user guides, bills, installation guides for end-user installable devices, and product support communications, regarding both the product in general and the accessibility features of the product.\30\ In addition, Section 6.11 requires manufacturers to include the contact method for obtaining the information required by Section 6.11(a) in general product information, to consider certain accessibility-related topics when developing or modifying training programs, and to take other steps, as necessary.\31\ We agree with the Rehabilitation Engineering Research Center for Wireless Technologies (``Wireless RERC'') that imposing these requirements in this context as well will provide a consistent experience for individuals with disabilities regardless of the product they are purchasing.\32\ --------------------------------------------------------------------------- \27\ Id. at secs. 617, 619. See also Public Law 111-260, sec. 104 (adding Sections 716 and 718 of the Act). \28\ Report and Order and Further NPRM, para. 139; 47 CFR 14.20(d). \29\ 47 CFR 6.11(a). \30\ Id. \31\ Id. Sec. 6.11(a)-(c). \32\ See Wireless RERC Reply at 4. See also Comments of Verizon and Verizon Wireless at 3 (``Verizon Comments''). --------------------------------------------------------------------------- 8. We disagree with the argument made by CEA and DISH Network L.L.C./EchoStar Technologies L.L.C. (``DISH/EchoStar'') that imposing information, documentation, and training requirements will be redundant with the usability requirements in Section 6.3(l) that we adopt herein.\33\ While Section 6.3(l) provides a definition of usability in the definitional section of our rules, Section 6.11 outlines the specific actions that covered entities must take to provide access by people with disabilities to information and documentation, as well as information to be considered for inclusion in an appropriate manufacturer training program.\34\ Thus, for example, Section 6.11 directs manufacturers to provide access to user guides, bills, installation guides and product support communications.\35\ In addition, it directs manufacturers to provide a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge,\36\ and to ensure usable customer and technical support in call centers and service centers at no additional charge.\37\ With respect to training, Section 6.11 states that manufacturers shall consider various topics, including the accessibility requirements of, and means of communicating with, people with disabilities; adaptive technology commonly used by people with disabilities; and designs and solutions for accessibility.\38\ Therefore, we find that the information, documentation, and training requirements found in Section 6.11 are not redundant with the usability requirements in Section 6.3(l), but set forth a more specific set of obligations to which the manufacturers of Section 204 apparatus must adhere. Thus, we apply these requirements to entities covered by Section 204. --------------------------------------------------------------------------- \33\ CEA Comments at 4; Reply Comments of the Consumer Electronics Association at 8-9 (``CEA Reply''); DISH/EchoStar Comments at 3. \34\ 47 CFR 6.11. \35\ Id. Sec. 6.11(a). \36\ Id. Sec. 6.11(a)(1). Similarly, manufacturers must provide end-user product documentation in alternate formats or alternate modes upon request at no additional charge. Id. Sec. 6.11(a)(2). \37\ Id. Sec. 6.11(a)(3). \38\ Id. Sec. 6.11(c). --------------------------------------------------------------------------- 9. Section 205 Navigation Devices. We also adopt the information, documentation, and training requirements outlined in Section 6.11 of our rules as part of entities' obligations under Section 205. In the Further NPRM, we inquired whether we should impose Section 6.11 information, documentation, and training requirements on entities covered by Section 205, which applies to navigation devices, pursuant to our authority to ``prescribe such regulations [[Page 5924]] as are necessary to implement'' the requirements of that section.\39\ --------------------------------------------------------------------------- \39\ Report and Order and Further NPRM, para. 139. See also Public Law 111-260, sec. 205(b)(1). --------------------------------------------------------------------------- 10. We find that Section 205 of the CVAA provides the Commission with sufficient authority to adopt information, documentation, and training requirements. CEA, the National Cable & Telecommunications Association (``NCTA''), and the American Cable Association (``ACA'') point out that Section 205 does not include the Section 204 ``accessible to and usable by'' language that the Commission has relied upon in the past to adopt information, documentation, and training requirements and, therefore, they question the Commission's statutory authority to adopt such requirements in the Section 205 context.\40\ We disagree with industry's arguments. Section 205 requires that on-screen text menus and guides provided by navigation devices are ``audibly accessible'' by individuals who are blind or visually impaired.\41\ In addition, Section 205(b)(1) empowers the Commission to ``prescribe such regulations as are necessary to implement'' the requirements of Section 205.\42\ If consumers do not know how to access a feature then, as a practical matter, it is not ``accessible.'' \43\ Information, documentation, and training requirements are thus necessary for individuals with disabilities to be able to operate navigation devices that are made accessible in accordance with the requirements of Section 205. As described above, such requirements ensure that persons with disabilities are provided with accessible product information and documentation, such as user guides, bills, installation guides, and product support communications, with a description of the accessibility features of the device upon request,\44\ and with customer and technical support in call centers and service centers.\45\ While we note that under the rule, covered entities are required to provide a description of accessibility features and product documentation ``upon request'' by the consumer,\46\ we will treat a consumer's request for an accessible navigation device pursuant to Section 205 to also constitute a request for a description of the accessibility features of the device and end-user product documentation in accessible formats so that the consumer is able to operate the device. Such requirements also ensure that manufacturers and service providers consider various accessibility-related topics when designing training programs.\47\ We believe that these requirements are necessary for individuals with disabilities to have access to the accessibility features and functionality of Section 205 accessible navigation devices and to fully obtain the benefits of these devices.\48\ While these requirements broadly outline the steps covered entities must take to ensure access to information, documentation, and training for persons with disabilities, covered entities have flexibility to implement these requirements within the guidelines set forth in the rule. --------------------------------------------------------------------------- \40\ See CEA Comments at 5; CEA Reply at 9. See also Comments of the National Cable & Telecommunications Association at 7 (``NCTA Comments''); Reply Comments of the National Cable & Telecommunications Association at 8 (``NCTA Reply''); Reply Comments of the American Cable Association at 3-4 (``ACA Reply''). \41\ 47 U.S.C. 303(bb)(1). \42\ See Public Law 111-260, sec. 205(b)(1). See also Report and Order and Further NPRM, para. 139. \43\ For these reasons, we reject ACA's argument that the Commission cannot rely on its authority to ``prescribe such regulations as are necessary to implement'' the requirements of Section 205 to adopt information, documentation, and training requirements, or that imposing such a requirement would lead to an inconsistent interpretation of the CVAA. See ACA Reply at 4 & n. 10. \44\ Specifically, Section 6.11(a) requires covered entities to provide a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge, and to provide end-user product documentation in alternate formats or alternate modes upon request at no additional charge. 47 CFR 6.11(a)(1)-(2). \45\ Id. Sec. 6.11(a)(1)-(3). \46\ Id. Sec. 6.11(a)(1)-(2). \47\ Id. Sec. 6.11(c). \48\ See Wireless RERC Reply at 4-5. --------------------------------------------------------------------------- 11. Further, we disagree with CEA, NCTA, and DISH/EchoStar's argument that information, documentation, and training requirements will not be necessary because Section 205 navigation devices are provided upon request and the notification requirements already adopted under Section 205 in the Report and Order will be sufficient to ensure that consumers are able to obtain accessible navigation devices.\49\ Those notification requirements focus on ensuring that consumers with disabilities are provided with information about the availability of accessible navigation devices and how to obtain such devices.\50\ In contrast, the information, documentation, and training requirements that we adopt herein focus on ensuring that consumers with disabilities are provided with information about how to operate the accessibility features and functions of such devices in an accessible format and are provided with appropriate customer support for such devices. Thus, we find that the notification requirements already adopted in the Report and Order do not obviate the need for adopting information, documentation, and training requirements as set forth in Section 6.11, and we apply these requirements to entities covered by Section 205. --------------------------------------------------------------------------- \49\ See CEA Comments at 5; CEA Reply at 8; DISH/EchoStar Comments at 3-4; NCTA Comments at 7-8; NCTA Reply at 8. \50\ Under Section 205, MVPDs must notify consumers that navigation devices with the required accessibility features are available to consumers who are blind or visually impaired upon request. 47 CFR 79.108(d). Specifically, 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. Id. Sec. 79.108(d)(1). In addition, MVPDs must provide notice on their official Web sites about the availability of accessible navigation devices. Id. Sec. 79.108(d)(2). --------------------------------------------------------------------------- 12. Achievability. We find that the usability requirement applicable to Section 204 devices and the information, documentation, and training requirements applicable to Section 204 and 205 devices adopted herein apply only ``if achievable,'' meaning ``with reasonable effort or expense, as determined by the Commission.'' \51\ Section 303(aa)(1) of the Act indicates that apparatus covered by Section 204 are required to make appropriate built-in apparatus functions accessible to and usable by individuals who are blind or visually impaired only ``if achievable.'' \52\ Similarly, Section 303(bb)(1) requires on-screen text menus and guides for the display or selection of multichannel video programming on navigation devices covered by Section 205 to be audibly accessible by individuals who are blind or visually impaired only ``if achievable.'' \53\ The Commission will determine whether compliance is ``achievable'' on a case-by-case basis, consistent with the approach adopted in the Report and Order. \54\ In particular, the Commission will consider the following factors in determining whether compliance with the usability and information, documentation, and training requirements are achievable in particular circumstances: (1) 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; (2) the technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or [[Page 5925]] service in question, including on the development and deployment of new communications technologies; (3) the type of operations of the manufacturer or provider; and (4) 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.\55\ --------------------------------------------------------------------------- \51\ See 47 U.S.C. 303(aa)(1), 303(bb)(1); 47 CFR 79.107(c), 79.108(c); Report and Order and Further NPRM, para. 77 (citing 47 U.S.C. 617(g)). \52\ 47 U.S.C. 303(aa)(1). \53\ Id. at sec. 303(bb)(1). \54\ See Report and Order and Further NPRM, paras. 77-78. \55\ Id. at para. 77; 47 CFR 79.107(c)(2)(i)-(iv), 79.108(c)(2)(i)-(iv). --------------------------------------------------------------------------- 13. Compliance Deadlines. We continue to require the same compliance deadlines for the usability and information, documentation, and training requirements that the Commission adopted in the Report and Order for rules to ensure the accessibility of user interfaces and video programming guides and menus under Sections 204 and 205.\56\ We decline to provide additional time for entities to come into compliance with the usability requirements for Section 204 devices and the information, documentation, and training requirements for Section 204 and 205 devices adopted herein.\57\ With the exception of ACA, no commenter requested additional time to come into compliance with these requirements. ACA requests that small- and medium-sized cable operators receive an extended deadline to come into compliance with any information, documentation, and training requirements imposed on Section 205 entities.\58\ ACA contends that such operators ``would likely lack the legal, technical, or financial ability to incorporate the [information, documentation, and training] requirements,'' and, therefore, the Commission should provide them with an extended compliance deadline to alleviate these burdens.\59\ While we agree that providing some relief to small- and mid-sized operators is reasonable, we note that the Commission in the Report and Order already delayed the time by which mid-sized and smaller MVPD operators and small MVPD systems must comply with the requirements of Section 205 by two years.\60\ We believe that the delay already afforded to certain mid- sized and smaller MVPD operators and small MVPD systems will provide sufficient time in which to implement the information, documentation, and training requirements adopted herein. --------------------------------------------------------------------------- \56\ Covered entities must comply with these rules by December 20, 2016, subject to certain exceptions. See 47 CFR 79.107(b), 79.108(b), 79.109(c). See also Report and Order and Further NPRM, paras. 111-19. \57\ See 47 CFR 79.107(b), 79.108(b). \58\ See ACA Reply at 3-5. \59\ Id. at 4-5. \60\ See 47 CFR 79.108(b); Report and Order and Further NPRM, paras. 114-19. Specifically, (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, were afforded with a two-year delay of the compliance deadline. Id. These MVPDs must be in compliance with the rules by December 20, 2018. The Commission also committed to undertake a review of the marketplace after the December 20, 2016 compliance deadline for larger MVPDs to consider whether the delayed compliance deadline should be retained or extended (in whole or in part). Report and Order and Further NPRM, para. 114. --------------------------------------------------------------------------- B. Notifications 1. Equipment Manufacturer Notifications Under Sections 204 and 205 14. We adopt the Further NPRM's tentative conclusion to require manufacturers of navigation devices subject to Section 205 to inform consumers about the availability of audibly accessible devices and accessibility solutions.\61\ Specifically, consistent with our proposal in the Further NPRM, we require manufacturers subject to Section 205 to prominently display information about audibly accessible devices and other accessibility solutions on their official Web sites.\62\ We also adopt a similar notification requirement for manufacturers of digital apparatus that are subject to Section 204. However, we decline to adopt labeling requirements or other point of sale notifications for either Section 205 navigation devices or Section 204 digital apparatus. --------------------------------------------------------------------------- \61\ See Report and Order and Further NPRM, para. 150. We note that the deadlines adopted in the Report and Order apply to the notification requirements adopted herein. See 47 CFR 79.107(b), 79.108(b). No commenter requested additional time to come into compliance with these requirements. \62\ Report and Order and Further NPRM, para. 150. --------------------------------------------------------------------------- 15. Pursuant to Section 205(b)(1) of the CVAA, we require equipment manufacturers subject to Section 205 to inform consumers about the availability of audibly accessible devices and accessibility solutions by prominently displaying accessibility information on their official Web sites, such as through a link on their home page.\63\ Our rules currently require MVPDs to notify consumers that navigation devices with the required accessibility features are available to consumers who are blind or visually impaired upon request, and, as part of these requirements, MVPDs must provide notice on their official Web sites about the availability of accessible navigation devices.\64\ In the Further NPRM, we inquired whether to impose similar requirements on manufacturers of navigation devices.\65\ Among the few commenters who addressed Web site notifications for manufacturers subject to Section 205, there appears to be general agreement that, at a minimum, equipment manufacturers should be required to prominently provide information about the availability of accessible devices on their Web sites.\66\ Further, we adopt our proposal in the Further NPRM to require manufacturers to convey through the Web site notice the means of making requests for accessible equipment and the specific person, office, or entity to which such requests are to be made.\67\ Because Section 205 allows covered entities to distribute accessible navigation devices ``upon request'' to blind and visually impaired individuals,\68\ we find that, similar to the requirement for MVPDs,\69\ the Web site notice provided by navigation device manufacturers must provide information on how individuals who are blind or visually impaired can request accessible equipment, as well as the specific person, office, or entity to which such requests are to be made. Although the Web site is required to contain information only about the availability of accessible devices and the means for making requests for such equipment, the contact office or person listed on the Web site must be able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features.\70\ In addition, as is [[Page 5926]] required for MVPD Web site notices, the information required herein by navigation device manufacturers must be provided in a Web site format that is accessible to individuals with disabilities.\71\ --------------------------------------------------------------------------- \63\ See id. \64\ 47 CFR 79.108(d)(1)-(2). \65\ See Report and Order and Further NPRM, para. 150. \66\ See CEA Comments at 9-10; CEA Reply at 6-7; Consumer/ Academic Groups Comments at 12; Reply Comments of Montgomery County, Maryland at 35 (``Montgomery County Reply'') (arguing that Web site notifications may be a component of increasing consumer awareness of accessible devices, but should not be considered an ``all- encompassing solution''). \67\ See Report and Order and Further NPRM, para. 150. \68\ 47 U.S.C. 303(bb)(1). \69\ See 47 CFR 79.108(d)(2); Report and Order and Further NPRM, para. 134. \70\ See Consumer/Academic Groups Comments at 13 (``Too often have deaf and hard of hearing customers reached out to customer service representatives asking how to access the closed captioning features on products and encountered puzzled customer service representatives.''); Consumer/Academic Groups Reply at 5 (``[C]onsumers have told us that the sales people in stores as well as customer support people over the phone often are unfamiliar with the closed captioning features on their products.''); Wireless RERC Reply at 4-5 (``[C]ustomer service is central to providing information to people who have vision loss, as oftentimes the online and print information is not consistently accessible. . . . The common theme was that customer support agents simply did not have the required expertise to address specific inquiries made by people with disabilities, hence support was inadequate.''). \71\ See 47 CFR 79.108(d)(2). --------------------------------------------------------------------------- 16. Device manufacturers that produce Section 204 digital apparatus will also be required to provide prominent notification about the availability of accessible devices on their official Web sites as is required for Section 205 navigation devices. In the Further NPRM, we sought comment on whether to impose notification requirements on equipment manufacturers subject to Section 204 to ensure that consumers with disabilities are informed about which products contain the required accessibility features and, more specifically, whether we should require manufacturers to prominently display information about the availability of accessible devices and about which products contain the required accessibility features on their official Web sites, such as through a link on their home pages, and whether we should require a point of contact who can answer consumer questions about which products contain the required accessibility features.\72\ Consumer/Academic Groups support adopting a Web site notification requirement for both digital apparatus and navigation devices, recognizing that ``access is not possible if those who need the access are not aware of its availability.'' \73\ We agree and therefore adopt a Web site notification requirement for equipment manufacturers subject to Section 204. Just as we require for Section 205 manufacturers, the contact office or person listed on the Web site must be able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. --------------------------------------------------------------------------- \72\ Report and Order and Further NPRM, para. 152. \73\ Consumer/Academic Groups Comments at 11. --------------------------------------------------------------------------- 17. We disagree with CEA's contention that adopting the definition of ``usable'' for Section 204 devices obviates the need for any additional notification requirements for digital apparatus.\74\ Rather, we find that a Web site notification requirement will be minimally burdensome and may enhance manufacturers' efforts to comply with the usability requirement. Specifically, although not required, digital apparatus manufacturers may choose to use the notification portion of their Web site to include additional information about accessibility features. --------------------------------------------------------------------------- \74\ CEA Comments at 10 (``In fact, there is no need to impose notification requirements on manufacturers of digital apparatus if the Commission adopts the definition of `usable.' . . . Doing so would ensure that information is available to consumers regarding the accessibility features of digital apparatus, without the need for additional notification requirements.''); CEA Reply at 7 (``Because Section 204 applies to all of these devices, relying on the existing definition of `usable' in the Section 204 context will ensure that information is available to consumers regarding the accessibility features of digital apparatus, without the need for specific, and burdensome, labeling or other notification requirements.''). --------------------------------------------------------------------------- 18. We decline to impose labeling requirements or other point of sale notifications for navigation devices or digital apparatus at this time, but we emphasize that entities covered by Sections 204 and 205 of the CVAA are required to provide information about the accessibility features of devices, including information about how to access closed captioning controls and settings, as part of the information, documentation, and training requirements that we adopt herein. The Further NPRM sought comment regarding what notification, if any, should be required at the point of sale for consumers that wish to purchase accessible Section 205 or Section 204 devices at retail, such as a labeling requirement to identify accessible devices.\75\ Comments regarding point of sale notifications focused almost exclusively on whether the Commission should adopt a product labeling requirement. Consumer/Academic Groups support a labeling requirement for both navigation devices and digital apparatus that would inform consumers at the point of sale about product accessibility, including a notice on the packaging that ``explain[s] how to access the closed captioning control as well as display settings.'' \76\ Consumer/Academic Groups also contend that manufacturers should be required to provide ``step- by-step instructions with pictures explaining how to access the closed captioning features'' either inside the packaging or on the packaging.\77\ CEA, the Entertainment Software Association (``ESA''), and the Telecommunications Industry Association (``TIA'') strongly oppose any labeling requirement for digital apparatus or navigation devices.\78\ For example, CEA argues that manufacturers should be able to work with retailers, without regulation, to determine how point of sale notifications should work and that manufacturers already have incentives to provide all necessary information to ensure that consumers know how to operate their devices.\79\ --------------------------------------------------------------------------- \75\ Report and Order and Further NPRM, paras. 151-52. \76\ Consumer/Academic Groups Comments at 13. \77\ Id. \78\ See CEA Comments at 10-11; CEA Reply at 7-8; Reply Comments of the Entertainment Software Association at 5 (``ESA Reply''); Reply Comments of the Telecommunications Industry Association at 2-3 (``TIA Reply''). \79\ See CEA Comments at 10-11; CEA Reply at 7-8. In addition, ESA and TIA argue that Consumer/Academic Groups' proposal to include explanations and instructions on the packaging would be difficult to implement and that, in any event, packaging labels are not accessible to those who are blind or visually impaired. ESA Reply at 5; TIA Reply at 2-3. See also CEA Reply at 8. TIA submits that the most logical place for instructions is not a packaging label but the product's manual or help guide. TIA Reply at 3. --------------------------------------------------------------------------- 19. We agree with Consumer/Academic Groups that it is important that consumers with disabilities be provided with information about the accessibility features of digital apparatus and navigation devices. The Section 6.3(l) usability and Section 6.11 information and documentation requirements adopted by the Commission here require covered entities to provide consumers with such information. Pursuant to the usability requirements we adopt here, manufacturers subject to Section 204 of the CVAA must provide access to information and documentation on the full functionalities of digital apparatus, including instructions, product information (including accessible feature information), documentation, bills and technical support.\80\ Further, as part of the information and documentation requirements we adopt here, entities subject to both Section 204 and Section 205 of the CVAA must provide access to information and documentation, including installation guides and product support communications, and, in particular, must provide a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional [[Page 5927]] charge.\81\ Thus, covered entities will be required to provide the information about product accessibility features, including information on how to access closed captioning features and display settings, and such information must be provided in accessible formats, but it will not need to be included on a label.\82\ As industry gains experience with the informational requirements, we may revisit our rules in the future to ensure that consumers are receiving information as intended by the statute. --------------------------------------------------------------------------- \80\ 47 CFR 6.3(l) (emphasis added). We interpret this requirement to mean that, if a manufacturer generally provides instructions or a user manual with its product, such instructions or user manual shall include information and instructions on how to use accessibility features. We also interpret this requirement to mean that, even if a manufacturer does not routinely provide instructions or a user manual with its product, it still must provide product information and instructions on how to use accessibility features in an accessible format upon request to consumers with disabilities. \81\ Id. Sec. 6.11(a)(1)-(2) (emphasis added). As noted above, if a consumer with a disability requests an accessible navigation device pursuant to Section 205, this also constitutes a request for a description of the accessibility features of the device and end- user product documentation in accessible formats. \82\ Such formats include picture instructions for individuals who are deaf and hard of hearing and Braille/audible instructions for individuals who are blind or visually impaired. --------------------------------------------------------------------------- 20. Consumer/Academic Groups support requiring manufacturers to provide not just Web site notifications about the availability of accessible devices and the contact information for requesting accessible devices, but also Web site information ``explaining the accessibility of their devices and how to access important accessibility features such as the closed captioning control and display settings.'' \83\ As noted above, while the information and documentation requirements that we adopt broadly outline the steps covered entities must take to ensure that persons with disabilities have access to information about accessibility features, covered entities have flexibility to implement these requirements within the guidelines set forth in the rule. Thus, we do not require that such information be posted on Web sites. However, we agree that providing this information on Web sites would be useful for consumers to be able to effectively use a device's accessibility features and therefore encourage covered entities to provide the required information and documentation about accessibility features on their Web sites in a format that is accessible to individuals with disabilities. With respect to both Section 204 and 205 devices, as we state above, we require persons listed as the point of contact for requests for accessible equipment to also be able to provide information about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. --------------------------------------------------------------------------- \83\ Consumer/Academic Groups Comments at 12. --------------------------------------------------------------------------- 21. In addition, Consumer/Academic Groups request a central Web site, similar to the Commission's Accessibility Clearinghouse,\84\ which would include accessibility information for all digital apparatus and navigation devices.\85\ The Accessibility Clearinghouse was set up for equipment subject to Sections 255, 716, and 718 of the Act, namely telecommunications equipment, advanced communications services equipment, and Internet browsers on mobile phones, pursuant to a Congressional mandate within the CVAA,\86\ and we note that Congress did not mandate a similar Web site for equipment subject to Sections 204 and 205. Nevertheless, we find that consumers would benefit from this information being included within the framework of the already established Accessibility Clearinghouse. To date, the Accessibility Clearinghouse largely relies on manufacturers to update their product information on wireless communication technologies.\87\ A similar commitment by CEA, NCTA, and their memberships that could enable the inclusion and updating of information about accessible digital apparatus and navigation devices within the Accessibility Clearinghouse would be useful to consumers. Therefore, we encourage CEA and NCTA to coordinate with the Consumer and Governmental Affairs Bureau (``CGB'') to determine the feasibility of including information about the accessibility of digital apparatus and navigation devices within the current Accessibility Clearinghouse. We recommend that such coordination take place with CGB well before the December 20, 2016 compliance deadline for our digital apparatus and navigation device accessibility requirements. --------------------------------------------------------------------------- \84\ Established pursuant to Section 717(d) of the Act, the Accessibility Clearinghouse is ``a clearinghouse of information on the availability of accessible products and services and accessibility solutions required under sections 255, 617, and 619.'' 47 U.S.C. 618(d). The information is made publicly available on the Commission's Web site and includes an annually updated list of products and services with accessibility features. Id. The Accessibility Clearinghouse can be accessed at https://ach.fcc.gov/. \85\ See Consumer/Academic Groups Comments at 12. \86\ See Pub. L. 111-260, sec. 104. \87\ See Implementation of Sections 716 and 717 of the Communications Act of 1934, as Enacted by the Twenty-First Century Communications and Video Accessibility Act of 2010, CG Docket No. 10-213, Biennial Report to Congress as Required by the Twenty-First Century Communications and Video Accessibility Act of 2010, DA 12- 1602, 27 FCC Rcd 12204, para. 91, n. 258 (CGB 2012) (``In 2010, CTIA revamped its accessibility Web site, AccessWireless.org, to better inform consumers with disabilities about the availability of accessible mobile phone options. . . . The Commission ultimately used the information contained on this new site, largely derived from the Global Accessibility Reporting Initiative (GARI) of the Mobile Manufacturers Forum, to help develop its Accessibility Clearinghouse. For more information about GARI and the Mobile Manufacturers Forum, visit https://MobileAccessibility.info.''). --------------------------------------------------------------------------- 2. MVPD Notifications Under Section 205 22. Just as we require for manufacturers of Section 204 and 205 devices, we require MVPDs to ensure that the contact office or person listed on their Web site is able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. This new requirement is in addition to the two existing notification requirements for MVPDs that the Commission adopted in the Report and Order. First, MVPDs are required to clearly and conspicuously inform consumers about the availability of accessible navigation devices whenever MVPDs provide ``information about equipment options in response to a consumer inquiry about service, accessibility, or other issues.'' \88\ Second, MVPDs must provide notice on their official Web sites about the availability of accessible navigation devices, in a way that is both prominent and accessible to those with disabilities.\89\ In particular, the Web site notice must prominently display information about accessible navigation devices in a way that makes such information available to all current and potential subscribers, and must list the specific person, office, or entity to which requests for accessible equipment are to be made.\90\ The Further NPRM inquired as to whether additional notification requirements, such as annual notices to subscribers or required marketing efforts,\91\ should be imposed and asked for information about the costs and benefits that might be associated with additional types of notification.\92\ --------------------------------------------------------------------------- \88\ Report and Order and Further NPRM, para. 134; 47 CFR 79.108(d)(1). \89\ Report and Order and Further NPRM, para. 134; 47 CFR 79.108(d)(2). \90\ Id. \91\ See Comments of Montgomery County, Maryland, MB Docket No. 12-108, at 20 (filed July 15, 2013); Reply Comments of the American Foundation for the Blind, MB Docket No. 12-108, at 8 (filed Aug. 7, 2013); Report and Order and Further NPRM, para. 148. \92\ Report and Order and Further NPRM, paras. 148-49. --------------------------------------------------------------------------- 23. MVPD commenters argue that it would be premature to impose additional notification requirements for MVPDs without first observing the efficacy of the notification requirements [[Page 5928]] adopted by the Report and Order.\93\ On the other hand, Montgomery County, Maryland (``Montgomery County'') expresses the concern that consumers will not be aware of the availability of accessible navigation devices unless MVPDs promote such availability and urges the Commission to adopt additional notification requirements including periodic announcements about accessible equipment in the program guide.\94\ Verizon and NCTA contend that additional requirements are unnecessary because market forces will incentivize MVPDs to promote the accessible capabilities of products.\95\ Although we do not agree that periodic announcements are necessary at this time, we conclude that MVPDs should take additional action to ensure that consumers are aware of the availability of accessible navigation devices. Specifically, we require that the contact office or person listed on an MVPD's Web site must be able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. We believe that this additional obligation, along with the notification requirements adopted in the Report and Order, will ensure that all current and potential subscribers that contact an MVPD looking for information about accessible navigation devices will be provided with information about accessible equipment options.\96\ Moreover, we believe that the incremental cost, if any, of implementing this requirement is slight and the potential benefit in assisting consumers is great.\97\ In the event that information is brought to our attention demonstrating that the MVPD notification requirements adopted in the Report and Order and herein have proven insufficient to inform consumers about the availability of accessible equipment, the Commission may revisit this issue.\98\ --------------------------------------------------------------------------- \93\ See Verizon Comments at 4-6; ACA Reply at 6; Reply Comments of CenturyLink at 3 (``CenturyLink Reply''); NCTA Reply at 8-9. \94\ Montgomery County Reply at 34-35. Montgomery County expresses concern that Web site notifications by MVPDs will not be sufficient as they claim that the disability community has a low rate of broadband adoption and usage and Web site information may not be accessible. Id. at 35. We note that our notification rules for MVPDs are not limited to Web site notifications. MVPDs must provide clear and conspicuous information to consumers about the availability of accessible navigation devices whenever MVPDs provide information about equipment options in response to a consumer inquiry about service, accessibility, or other issues. 47 CFR 79.108(d)(1). MVPDs are also required to ensure that the information on their Web site about the availability of accessible devices is provided in a Web site format that is accessible to people with disabilities. Id. Sec. 79.108(d)(2). \95\ See Verizon Comments at 5; NCTA Reply at 9. We note that Comcast is conducting outreach on accessible user interfaces, program guides, and menus, and as part of those outreach efforts, Comcast has shown a commercial introd
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