47 U.S.C. § 617 — Access to advanced communications services and equipment

(a) Manufacturing. (1) For equipment made after regulations under (e) take effect, and subject to those regulations, a manufacturer of equipment used for advanced communications services, including user equipment, network equipment, and software, must make the equipment and software it sells or distributes in interstate commerce accessible to and usable by people with disabilities unless the requirements are not achievable. (2) A manufacturer may satisfy this by (A) making the equipment accessible without third-party applications, peripheral devices, software, hardware, or customer-premises equipment, or (B) choosing such third-party items if they are available to consumers at nominal cost and accessible to people with disabilities. (b) Service providers. (1) For services provided after the regulations take effect, and subject to them, a provider of advanced communications services must make services offered in or affecting interstate commerce accessible and usable by people with disabilities unless the requirements are not achievable. (2) The provider may satisfy this by making the service accessible without third-party items, or by using accessible third-party items available at nominal cost. (c) Compatibility. If (a) or (b) is not achievable, the manufacturer or provider must make its equipment or service compatible with existing peripheral devices or specialized customer-premises equipment commonly used by people with disabilities, unless that compatibility requirement is also not achievable. (d) Network features. A provider must not install network features, functions, or capabilities that impede accessibility or usability. (e) Regulations. (1) Within one year after October 8, 2010, the Commission must issue needed regulations. They must (A) include performance objectives for accessibility, usability, and compatibility; (B) prevent services, equipment, and networks from impairing accessible information content when accessibility is built into that content for transmission; (C) determine the duties of manufacturers, service providers, and application or service providers accessed over provider networks; and (D) not mandate technical standards, although it may adopt standards as a safe harbor if needed to help comply with sections 2(a) through (c). (2) The Commission must issue forward-looking guidelines for manufacturers and providers. (f) Equipment and services already subject to section 255 on October 7, 2010 remain subject to section 255 and are not subject to this section. (g) “Achievable” means possible with reasonable effort or expense, as the Commission determines. The Commission must consider (1) the nature and cost of needed steps for the particular equipment or service; (2) technical and economic effects on the manufacturer or provider and the equipment or service, including developing and deploying new communications technology; (3) the kind of operations involved; and (4) the extent to which the manufacturer or provider offers accessible equipment or services with different features and prices. (h) Commission flexibility. (1) The Commission may, on its own or on a petition, waive this section for a feature, function, class of equipment, provider, or class of service that (A) can access an advanced communications service and (B) has multiple purposes but is designed mainly for purposes other than using advanced communications services. (2) The Commission may exempt small entities. (i) This section does not apply to customized equipment or services not offered directly to the public, or to user classes effectively available directly to the public, regardless of the facilities used. (j) This section does not require every feature and function of every device or service to be accessible for every disability.