With respect to equipment manufactured after the effective date of the regulations established pursuant to subsection (e), and subject to those regulations, a manufacturer of equipment used for advanced communications services, including end user equipment, network equipment, and software, shall ensure that the equipment and software that such manufacturer offers for sale or otherwise distributes in interstate commerce shall be accessible to and usable by individuals with disabilities, unless the requirements of this subsection are not achievable.
A manufacturer of equipment may satisfy the requirements of paragraph (1) with respect to such equipment by-
With respect to services provided after the effective date of the regulations established pursuant to subsection (e), and subject to those regulations, a provider of advanced communications services shall ensure that such services offered by such provider in or affecting interstate commerce are accessible to and usable by individuals with disabilities, unless the requirements of this subsection are not achievable.
A provider of services may satisfy the requirements of paragraph (1) with respect to such services by-
Whenever the requirements of subsections 1 (a) or (b) are not achievable, a manufacturer or provider shall ensure that its equipment or service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless the requirement of this subsection is not achievable.
Each provider of advanced communications services has the duty not to install network features, functions, or capabilities that impede accessibility or usability.
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-
The Commission shall issue prospective guidelines for a manufacturer or provider regarding the requirements of this section.
The requirements of this section shall not apply to any equipment or services, including interconnected VoIP service, that are subject to the requirements of section 255 of this title on the day before October 8, 2010. Such services and equipment shall remain subject to the requirements of section 255 of this title.
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:
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-
The Commission may exempt small entities from the requirements of this section.
The provisions of this section shall not apply to customized equipment or services that are not offered directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
This section shall not be construed to require a manufacturer of equipment used for advanced communications or a provider of advanced communications services to make every feature and function of every device or service accessible for every disability.
1 So in original. Probably should be "subsection".
2 So in original. Probably should be "subsections".
47 U.S.C. § 617
EDITORIAL NOTES
AMENDMENTS2010-Subsec. (d). Pub. L. 111-265, §2(1), struck out "do not" before "impede accessibility".Subsec. (e)(1)(D). Pub. L. 111-265, §2(2), substituted "facilitate" for "facilities".