Small Entity Compliance Guide - docs.fcc.gov

1 Federal Communications CommissionWashington, 20554 April 15, 2016DA 16-412 Small Entity Compliance GuideAccessibility of User Interfaces, and VideoProgramming Guides and MenusAccessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010MB Docket Nos. 12-108, 12-107; FCC 13-138, 15-156 This Guide is prepared in accordance with the requirements of Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It is intended to help Small entities Small businesses, Small organizations (non-profits), and Small governmental jurisdictions comply with the new rules adopted in the above-referenced FCC rulemaking docket(s). This Guide is not intended to replace the rules and, therefore, final authority rests solely with the rules.

2 Although we have attempted to cover all parts of the rules that might be especially important to Small entities, the coverage may not be exhaustive. This Guide may, perhaps, not apply in a particular situation based upon the circumstances, and the FCC retains the discretion to adopt approaches on a case-by-case basis that may differ from this Guide , where appropriate. Any decisions regarding a particular Small Entity will be based on the statute and regulations. In any civil or administrative action against a Small Entity for a violation of rules, the content of the Small Entity Compliance Guide may be considered as evidence of the reasonableness or appropriateness of proposed fines, penalties or damages. Interested parties are free to file comments regarding this Guide and the appropriateness of its application to a particular situation; the FCC will consider whether the recommendations or interpretations in the Guide are appropriate in that situation.

3 The FCC may decide to revise this Guide without public notice to reflect changes in the FCC s approach to implementing a rule, or to clarify or update the text of the Guide . Direct your comments and recommendations, or calls for further assistance, to the FCC s Consumer Center:1-888-CALL-FCC (1-888-225-5322) TTY: 1-888-TELL-FCC (1-888-835-5322)Fax: 1-866-418-0232 TABLE OF CONTENTS2 OBJECTIVES OF THE Information: of Devices Covered Under Sections 204 and 205 of the CVAA; Entities Responsible for Applicable to Digital Apparatus Under Section 204 of the Applicable to Navigation Devices Under Section 205 of the ; Alternate Means of Compliance ; Notification; and for Complaints Alleging Violation of the Accessibility ON Small OF THE PROCEEDINGIn the Report and Order and Further Notice of Proposed Rulemakingin MB Docket Nos.

4 12-108, 12-107, the Commission sought to fulfill its responsibilities under Sections 204 and 205 of the Twenty-First Century Communications and Video Accessibility Act of 2010 ( CVAA ) by: Adopting rules requiring that digital apparatussubject to Section 204makeappropriate built-in apparatus functions ( , the functions used to receive, play back, and display video programming)accessible to individuals who are blind or visually impaired; Adopting rules requiring that navigation devices subject to Section 205 makeon-screen text menus and guides used for the display or selection of multichannel video programmingaudibly accessible to individuals who are blind or visually impaired; and Adopting rules requiring that covered entitiesprovide a mechanism reasonably comparable to a button, key, or icon for activatingcertain accessibility featureson digital apparatus and navigation rules adopted will better enable individuals who are blind or visually impaired to more easily access video programming on a range of video devicesand also enable consumers who are deaf or hardof hearing to more easily activate closed captioning on video the Second Report and Order and Second Further Notice of Proposed Rulemakingin MB Docket No.

5 12-108, the Commission adopted additional rules to ensure that consumers are able to find out about what accessible devices and features are available from covered manufacturers and MVPDs and how to use such devices and features. The Commission also adopted an Order on Reconsiderationthat reconsiders guidance on whethercertain activation mechanisms for closed captioning are reasonably comparable to a button, key, or REQUIREMENTS1. Background Information:Definitions Closed captioningis the visual display of the audio portion of video programming pursuant to the technical specifications set forth in Part 79 of the Commission s rules. 47 (a)(4). Digital apparatusrefers todevices manufactured in or imported for use in the United States and 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, withthe exception of navigation devices.

6 47 (a)(1). Navigation devicerefers todevices such as converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered overmultichannel video programming systems. 47 (c). The Commission has interpreted this to includeonly devices that have built-in capability to use aconditional accessmechanism in order to access MVPD video programming and other Video descriptionis the insertion of audio narrated descriptions of a television program s key visual elements into natural pauses between the program s dialogue. 47 (a)(3).2. CategoriesofDevices Covered Under Sections 204 and 205 of the CVAA; Entities Responsible for Compliance Section 205 of the CVAA applies to navigation devices as defined by Section of the Commission s rules that are manufactured with a CableCARD slot, CableCARD s successor technology, or other conditional access of navigation devices: digital cable ready televisions ( , televisions with CableCARD slots), set-top boxes (including those provided by MVPDs as well as consumer-owned CableCARD-ready devices), computers with CableCARD slots, cable modems, andthird-party devices with MVPD applications installed by the device FCC will look to the device s built-in functionality at the time of manufacture in determining whether a particular device is considered a navigation device subject to the requirements of Section 205.

7 Note 2 to 47 (a)(1). Devices that do not contain support for conditional access functionality at the time of manufacture are covered as digital apparatus under Section 204. Section 204 of the CVAA applies to all other digitalapparatus that are 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. Digital apparatus do notinclude navigation of digital apparatus:televisions and PCs without CableCARD or other conditional access technology, mobile devices ( , tablets and smartphones) without MVPD applications pre-installed bythe manufacturer, and removable media digital apparatusincludes the physical device and the video players capable of displaying video programming that manufacturers install into the devices they manufacturebefore sale(whether in the form of hardware, software, or a combination of both), as well as any video players that manufacturers direct consumers to installpost-sale.

8 Note 1 to 47 (a)(1).oThis includes third-party applications that provide video programming, such as Netflix, Hulu, and Amazon, if those applications are pre-installed on digital apparatus by the manufacturer or if the manufacturerdirects consumers to install such applications. But, this does notinclude third-party applications that consumers install on their own after sale. A device can be subject to the requirements of either Section 204 or Section 205 depending on its classification as a digital apparatus or navigation device, respectively, but it cannot be subject to the requirements of both sections. The following categories of devices are outside the scope of Sections 204 and 205, and therefore are not subject to the rules applicable to digital apparatusand navigation devices:5oProfessional and commercialvideoequipment( , professional movie theater projectors,studio-grade video monitors and recorders);oPublic safety and enterprise equipment;andoGeneral purpose broadband equipment( , routers).

9 Under Section 204, the entities responsible for Compliance are digital apparatus manufacturers. Under Section 205, the entities responsible for Compliance are: oMVPDs that lease or sell navigation devices;oManufacturers of navigation devices that place devices into the chain of commerce for sale to consumers; andoOther manufacturers of navigation device hardware and Requirements Applicable toDigital ApparatusUnder Section 204of the CVAA General requirement: Digital apparatusmustbe designed, developed, and fabricated so that control of appropriate built-in functions ( , those functions used for the reception, play back, or display of video programming) included in the apparatus are accessible to and usable by individuals who are blind or visually impaired. 47 (a)(1). In addition, digital apparatus with built-in closed captioning and/or video description capability must include a mechanism that is reasonably comparable to a button, key, or iconfor activating the closed captioning andvideo description.

10 47 (a)(1)-(2). Requirements for accessibility of digital apparatus functionsoA digital apparatus manufacturer must make functions that are used for the reception, play back, or display of video programming accessible to individuals who are blind or visually impaired. 47 (a)(4)(i)-(xi).At this time, these functionsinclude the following: Power On/Off: Function that allows the user to turn the device on or off. Volume Adjust andMute:Function that allows the user to adjust the volume and to mute or un-mutethe volume. Channel / Program Selection: Function that allows the user to select channels and programs ( , via physical numeric or channel up/channel down buttons or via on-screen guides and menus). Display Channel / Program Information: Function that allows the user to display channel or programinformation. Configuration Setup: Function that allows the user to access and change configuration or setupoptions ( , configuration of video display and audio settings, selection of preferred language for onscreenguides or menus, etc.)