1、701 Federal Communications Commission 7.1 6.21 Formal complaints, applicability of 1.720 through 1.736 of this chapter. Formal complaints against a manu-facturer or provider, as defined under this subpart, may be filed in the form and in the manner prescribed under 1.720 through 1.736 of this chapte
2、r. Commission staff may grant waivers of, or exceptions to, particular require-ments under 1.720 through 1.736 of this chapter for good cause shown; pro-vided, however, that such waiver au-thority may not be exercised in a man-ner that relieves, or has the effect of relieving, a complainant of the o
3、bliga-tion under 1.720 and 1.728 of this chapter to allege facts which, if true, are sufficient to constitute a violation or violations of section 255 of the Act or this subpart. 6.22 Formal complaints based on unsatisfied informal complaints. A formal complaint filing based on an unsatisfied inform
4、al complaint filed pursuant to 4.16 of this chapter shall be deemed to relate back to the filing date of the informal complaint if it is filed within ninety days from the date that the Commission notifies the com-plainant of its disposition of the infor-mal complaint and based on the same operative
5、facts as those alleged in the informal complaint. 6.23 Actions by the Commission on its own motion. The Commission may on its own mo-tion conduct such inquiries and hold such proceedings as it may deem nec-essary to enforce the requirements of this subpart and section 255 of the Communications Act.
6、The procedures to be followed by the Commission shall, unless specifically prescribed in the Act and the Commissions rules, be such as in the opinion of the Commis-sion will best serve the purposes of such inquiries and proceedings. PART 7ACCESS TO VOICEMAIL AND INTERACTIVE MENU SERV-ICES AND EQUIPM
7、ENT BY PEOPLE WITH DISABILITIES Subpart AScopeWho Must Comply With These Rules? Sec. 7.1 Who must comply with these rules? Subpart BDefinitions 7.3 Definitions. Subpart CObligationsWhat must Covered Entities do? 7.5 General obligations. 7.7 Product design, development and eval-uation. 7.9 Informatio
8、n pass through. 7.11 Information, documentation and train-ing. Subpart DEnforcement 7.15 Generally. 7.16 Informal or formal complaints. 7.17 Informal complaints; form and content. 7.18 Procedure; designation of agents for service. 7.19 Answers to informal complaints. 7.20 Review and disposition of i
9、nformal complaints. 7.21 Formal complaints, applicability of 1.720 through 1.736 of this chapter. 7.22 Formal complaints based on unsatisfied informal complaints. 7.23 Actions by the Commission on its own motion. AUTHORITY: 47 U.S.C. 1, 154(i), 154(j) 208, and 255. SOURCE: 64 FR 63255, Nov. 19, 1999
10、, unless otherwise noted. Subpart AScopeWho Must Comply With These Rules? 7.1 Who must comply with these rules? The rules in this part apply to: (a) Any provider of voicemail or interactive menu service; (b) Any manufacturer of tele-communications equipment or cus-tomer premises equipment which per-
11、forms a voicemail or interactive menu function. VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00711 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-702 47 CFR Ch
12、. I (10110 Edition) 7.3 Subpart BDefinitions 7.3 Definitions. (a) The term accessible shall mean that: (1) Input, control, and mechanical functions shall be locatable, identifi-able, and operable in accordance with each of the following, assessed inde-pendently: (i) Operable without vision. Provide
13、at least one mode that does not require user vision. (ii) Operable with low vision and lim-ited or no hearing. Provide at least one mode that permits operation by users with visual acuity between 20/70 and 20/ 200, without relying on audio output. (iii) Operable with little or no color perception. P
14、rovide at least one mode that does not require user color percep-tion. (iv) Operable without hearing. Pro-vide at least one mode that does not re-quire user auditory perception. (v) Operable with limited manual dexterity. Provide at least one mode that does not require user fine motor control or sim
15、ultaneous actions. (vi) Operable with limited reach and strength. Provide at least one mode that is operable with user limited reach and strength. (vii) Operable with a Prosthetic De-vice. Controls shall be operable with-out requiring body contact or close body proximity. (viii) Operable without tim
16、e-depend-ent controls. Provide at least one mode that does not require a response time or allows a response to be by-passed or adjusted by the user over a wide range. (ix) Operable without speech. Provide at least one mode that does not require user speech. (x) Operable with limited cognitive skills
17、. Provide at least one mode that minimizes the cognitive, memory, lan-guage, and learning skills required of the user. (2) All information necessary to oper-ate and use the product, including but not limited to, text, static or dynamic images, icons, labels, sounds, or inci-dental operating cues, co
18、mply with each of the following, assessed inde-pendently: (i) Availability of visual information. Provide visual information through at least one mode in auditory form. (ii) Availability of visual information for low vision users. Provide visual in-formation through at least one mode to users with v
19、isual acuity between 20/70 and 20/200 without relying on audio. (iii) Access to moving text. Provide moving text in at least one static pres-entation mode at the option of the user. (iv) Availability of auditory informa-tion. Provide auditory information through at least one mode in visual form and,
20、 where appropriate, in tactile form. (v) Availability of auditory informa-tion for people who are hard of hearing. Provide audio or acoustic information, including any auditory feedback tones that are important for the use of the product, through at least one mode in enhanced auditory fashion (i.e.,
21、 in-creased amplification, increased signal- to-noise ratio, or combination). (vi) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual flicker that might induce seizures in people with photosensitive epilepsy. (vii) Availability of audio cutoff. Where a prod
22、uct delivers audio output through an external speaker, provide an industry standard connector for headphones or personal listening de-vices (e.g., phone-like handset or earcup) which cuts off the speaker(s) when used. (viii) Non-interference with hearing technologies. Reduce interference to hearing
23、technologies (including hear-ing aids, cochlear implants, and assist-ive listening devices) to the lowest pos-sible level that allows a user to utilize the product. (ix) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally held up to the ear, provide a means
24、 for effec-tive wireless coupling to hearing aids. (b) The term compatibility shall mean compatible with peripheral devices and specialized customer premises equip-ment commonly used by individuals with disabilities to achieve accessi-bility to voicemail and interactive menus, and in compliance with
25、 the fol-lowing provisions, as applicable: VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO 00000 Frm 00712 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-703 Federal Commun
26、ications Commission 7.3 (1) External electronic access to all information and control mechanisms. Information needed for the operation of products (including output, alerts, icons, on-line help, and documentation) shall be available in a standard elec-tronic text format on a cross-industry standard
27、port and all input to and con-trol of a product shall allow for real time operation by electronic text input into a cross-industry standard external port and in cross-industry standard for-mat. The cross-industry standard port shall not require manipulation of a connector by the user. (2) Connection
28、 point for external audio processing devices. Products pro-viding auditory output shall provide the auditory signal at a standard sig-nal level through an industry standard connector. (3) TTY connectability. Products which provide a function allowing voice communication and which do not themselves p
29、rovide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. It shall also be possible for the user to easily turn any microphone on and off to allow the user to intermix speech with TTY use. (4) TTY signal compatibility. Prod-ucts, including those providing voice comm
30、unication functionality, shall support use of all cross-manufacturer non-proprietary standard signals used by TTYs. (c) The term customer premises equip-ment shall mean equipment employed on the premises of a person (other than a carrier) to originate, route, or termi-nate telecommunications. (d) Th
31、e term disability shall mean a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impair-ment. (e) The term interactive menu shall mean a feature that allows a service
32、provider or operator of CPE to trans-mit information to a caller in visual and/or audible format for the purpose of management, control, or operations of a telecommunications system or service; and/or to request information from the caller in visual and/or audible format for the purpose of managemen
33、t, control, or operations of a tele-communications system or service; and/or to receive information from the caller in visual and/or audible format in response to a request, for the pur-pose of management, control, or oper-ations of a telecommunications system or service. This feature, however, does
34、 not include the capability for gener-ating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via tele-communications for any purpose other than management, control, or oper-ations of a telecommunications system or service. (f) The term manufacture
35、r shall mean an entity that makes or produces a product. (g) The term peripheral devices shall mean devices employed in connection with equipment covered by this part to translate, enhance, or otherwise trans-form telecommunications into a form accessible to individuals with disabil-ities. (h) The t
36、erm readily achievable shall mean, in general, easily accomplish-able and able to be carried out without much difficulty or expense. In deter-mining whether an action is readily achievable, factors to be considered in-clude: (1) The nature and cost of the action needed; (2) The overall financial res
37、ources of the manufacturer or service provider involved in the action (the covered en-tity); the number of persons employed by such manufacturer or service pro-vider; the effect on expenses and re-sources, or the impact otherwise of such action upon the operations of the manufacturer or service prov
38、ider; (3) If applicable, the overall financial resources of the parent of the covered entity; the overall size of the business of the parent of the covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (4) If applicable, the type of oper-at
39、ion or operations of the covered enti-ty, including the composition, struc-ture and functions of the workforce of such entity; and the geographic sepa-rateness, administrative or fiscal rela-tionship of covered entity in question to the parent entity. VerDate Mar2010 09:35 Dec 08, 2010 Jkt 220200 PO
40、 00000 Frm 00713 Fmt 8010 Sfmt 8010 Y:SGML220200.XXX 220200wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-704 47 CFR Ch. I (10110 Edition) 7.5 (i) The term specialized customer prem-ises equipment shall mean custome
41、r premise equipment which is commonly used by individuals with disabilities to achieve access. (j) The term telecommunications equip-ment shall mean equipment, other than customer premises equipment, used by a carrier to provide telecommuni-cations services, and includes software integral to such eq
42、uipment (including upgrades). (k) The term telecommunications serv-ice shall mean the offering of tele-communications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facili-ties used. (l) The term usable shall mea
43、n that individuals with disabilities have ac-cess to the full functionality and docu-mentation for the product, including instructions, product information (in-cluding accessible feature informa-tion), documentation, bills and tech-nical support which is provided to indi-viduals without disabilities
44、. (m) The term Voicemail shall mean the capability of answering calls and recording incoming messages when a line is busy or does not answer within a pre-specified amount of time or num-ber of rings; receiving those messages at a later time; and may also include the ability to determine the sender a
45、nd time of transmission without hearing the entire message; the ability to for-ward the message to another voice massaging customer, with and/or with-out an appended new message; the abil-ity for the sender to confirm receipt of a message; the ability to send, receive, and/or store facsimile message
46、s; and possibly other features. Subpart CObligationsWhat Must Covered Entities Do? 7.5 General Obligations. (a) Obligation of Manufacturers. (1) A manufacturer of telecommunications equipment or customer premises equip-ment covered by this part shall ensure that the equipment is designed, devel-oped
47、 and fabricated so that the voicemail and interactive menu func-tions are accessible to and usable by individuals with disabilities, if readily achievable; (2) Whenever the requirements of paragraph (a)(1) of this section are not readily achievable, the manufacturer shall ensure that the equipment i
48、s compatible with existing peripheral de-vices or specialized customer premises equipment commonly used by individ-uals with disabilities to achieve access, if readily achievable. (b) Obligation of Service Providers. (1) A provider of voicemail or inter-active menu shall ensure that the serv-ice is
49、accessible to and usable by indi-viduals with disabilities, if readily achievable. (2) Whenever the requirements of paragraph (a)(1) of this section are not readily achievable, the service provider shall ensure that the service is compat-ible with existing peripheral devices or specialized customer premises equip-ment commonly used by individuals with disabilities to achieve access, if readily achievable. 7.7 Product design, development, and evaluation
