View all text of Subchapter VI [§ 601 - § 624]
§ 617. Access to advanced communications services and equipment
(a) Manufacturing
(1) In general
(2) Industry flexibility
A manufacturer of equipment may satisfy the requirements of paragraph (1) with respect to such equipment by—
(A) ensuring that the equipment that such manufacturer offers is accessible to and usable by individuals with disabilities without the use of third party applications, peripheral devices, software, hardware, or customer premises equipment; or
(B) if such manufacturer chooses, using third party applications, peripheral devices, software, hardware, or customer premises equipment that is available to the consumer at nominal cost and that individuals with disabilities can access.
(b) Service providers
(1) In general
(2) Industry flexibility
A provider of services may satisfy the requirements of paragraph (1) with respect to such services by—
(A) ensuring that the services that such provider offers are accessible to and usable by individuals with disabilities without the use of third party applications, peripheral devices, software, hardware, or customer premises equipment; or
(B) if such provider chooses, using third party applications, peripheral devices, software, hardware, or customer premises equipment that is available to the consumer at nominal cost and that individuals with disabilities can access.
(c) Compatibility
(d) Network features, functions, and capabilities
(e) Regulations
(1) In general
Within one year after October 8, 2010, the Commission shall promulgate such regulations as are necessary to implement this section. In prescribing the regulations, the Commission shall—
(A) include performance objectives to ensure the accessibility, usability, and compatibility of advanced communications services and the equipment used for advanced communications services by individuals with disabilities;
(B) provide that advanced communications services, the equipment used for advanced communications services, and networks used to provide advanced communications services may not impair or impede the accessibility of information span when accessibility has been incorporated into that span for transmission through advanced communications services, equipment used for advanced communications services, or networks used to provide advanced communications services;
(C) determine the obligations under this section of manufacturers, service providers, and providers of applications or services accessed over service provider networks; and
(D) not mandate technical standards, except that the Commission may adopt technical standards as a safe harbor for such compliance if necessary to facilitate the manufacturers’ and service providers’ compliance with sections 2
2 So in original. Probably should be “subsections”.
(a) through (c).(2) Prospective guidelines
(f) Services and equipment subject to section 255 of this title
(g) Achievable defined
For purposes of this section and section 619 of this title, the term “achievable” means with reasonable effort or expense, as determined by the Commission. In determining whether the requirements of a provision are achievable, the Commission shall consider the following factors:
(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 service in question, including on the development and deployment of new communications technologies.
(3) The type of operations of the manufacturer or provider.
(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.
(h) Commission flexibility
(1) Waiver
The Commission shall have the authority, on its own motion or in response to a petition by a manufacturer or provider of advanced communications services or any interested party, to waive the requirements of this section for any feature or function of equipment used to provide or access advanced communications services, or for any class of such equipment, for any provider of advanced communications services, or for any class of such services, that—
(A) is capable of accessing an advanced communications service; and
(B) is designed for multiple purposes, but is designed primarily for purposes other than using advanced communications services.
(2) Small entity exemption
(i) Customized equipment or services
(j) Rule of construction
(June 19, 1934, ch. 652, title VII, § 716, as added Pub. L. 111–260, title I, § 104(a), Oct. 8, 2010, 124 Stat. 2755; amended Pub. L. 111–265, § 2(1), (2), Oct. 8, 2010, 124 Stat. 2795.)