47 U.S.C. § 617 — Access to advanced communications serv-

Page 339 TITLE 47—TELECOMMUNICATIONS § 617 relay services are adopted by providers of such relay services; and (8) that take into account what is tech- nically and economically feasible. (d) Meetings (1) Initial meeting The initial meeting of the Advisory Com- mittee shall take place not later than 45 days after the completion of the member appoint- ment process by the Chairman of the Commis- sion pursuant to subsection (b). (2) Other meetings After the initial meeting, the Advisory Com- mittee shall meet at the call of the chairs, but no less than monthly until the recommenda- tions required pursuant to subsection (c) are completed and submitted. (3) Notice; open meetings Any meetings held by the Advisory Com- mittee shall be duly noticed at least 14 days in advance and shall be open to the public. (e) Rules (1) Quorum One-third of the members of the Advisory Committee shall constitute a quorum for con- ducting business of the Advisory Committee. (2) Subcommittees To assist the Advisory Committee in car- rying out its functions, the chair may estab- lish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as determined to be necessary. (3) Additional rules The Advisory Committee may adopt other rules as needed. (f) Chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the Ad- visory Committee. (g) Implementing recommendations The Commission shall have the authority to promulgate regulations to implement the rec- ommendations proposed by the Advisory Com- mittee, as well as any other regulations, tech- nical standards, protocols, and procedures as are necessary to achieve reliable, interoperable communication that ensures access by individ- uals with disabilities to an Internet protocol-en- abled emergency network, where achievable and technically feasible. (h) Definitions In this section— (1) the term ‘‘Commission’’ means the Fed- eral Communications Commission; (2) the term ‘‘Chairman’’ means the Chair- man of the Federal Communications Commis- sion; and (3) except as otherwise expressly provided, other terms have the meanings given such terms in section 153 of this title. (Pub. L. 111–260, title I, § 106, Oct. 8, 2010, 124 Stat. 2762; Pub. L. 117–286, § 4(a)(298), Dec. 27, 2022, 136 Stat. 4338.) Editorial Notes REFERENCES IN TEXT Section 158(e)(4) of the National Telecommunications and Information Administration Organization Act, re- ferred to in subsec. (c)(7), probably means section 158(f)(4) of title I of Pub. L. 102–538, which was formerly classified to section 942(f)(4) of this title and was omit- ted from the Code. CODIFICATION Section was enacted as part of the Twenty-First Cen- tury Communications and Video Accessibility Act of 2010, and not as part of the Communications Act of 1934 which comprises this chapter. AMENDMENTS 2022—Subsec. (f). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. § 616. Internet protocol-based relay services Within one year after October 8, 2010, each interconnected VoIP service provider and each provider of non-interconnected VoIP service shall participate in and contribute to the Tele- communications Relay Services Fund estab- lished in section 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on October 8, 2010, in a manner prescribed by the Commission by regulation to provide for obligations of such providers that are consistent with and com- parable to the obligations of other contributors to such Fund. (June 19, 1934, ch. 652, title VII, § 715, as added Pub. L. 111–260, title I, § 103(b), Oct. 8, 2010, 124 Stat. 2755.) § 617. Access to advanced communications serv- ices and equipment (a) Manufacturing (1) In general With respect to equipment manufactured after the effective date of the regulations es- tablished pursuant to subsection (e), and sub- ject to those regulations, a manufacturer of equipment used for advanced communications services, including end user equipment, net- work equipment, and software, shall ensure that the equipment and software that such manufacturer offers for sale or otherwise dis- tributes in interstate commerce shall be ac- cessible to and usable by individuals with dis- abilities, unless the requirements of this sub- section are not achievable. (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 usa- ble by individuals with disabilities without the use of third party applications, periph- eral devices, software, hardware, or cus- tomer 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 Page 340 TITLE 47—TELECOMMUNICATIONS § 617 1 So in original. Probably should be ‘‘subsection’’. 2 So in original. Probably should be ‘‘subsections’’. at nominal cost and that individuals with disabilities can access. (b) Service providers (1) In general 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 com- munications services shall ensure that such services offered by such provider in or affect- ing interstate commerce are accessible to and usable by individuals with disabilities, unless the requirements of this subsection are not achievable. (2) Industry flexibility A provider of services may satisfy the re- quirements 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, soft- ware, hardware, or customer premises equip- ment that is available to the consumer at nominal cost and that individuals with dis- abilities can access. (c) Compatibility Whenever the requirements of subsections 1 (a) or (b) are not achievable, a manufacturer or pro- vider shall ensure that its equipment or service is compatible with existing peripheral devices or specialized customer premises equipment com- monly used by individuals with disabilities to achieve access, unless the requirement of this subsection is not achievable. (d) Network features, functions, and capabilities Each provider of advanced communications services has the duty not to install network fea- tures, functions, or capabilities that impede ac- cessibility or usability. (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 en- sure the accessibility, usability, and com- patibility of advanced communications serv- ices 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 serv- ices may not impair or impede the accessi- bility of information content when accessi- bility has been incorporated into that con- tent for transmission through advanced communications services, equipment used for advanced communications services, or networks used to provide advanced commu- nications 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, ex- cept that the Commission may adopt tech- nical standards as a safe harbor for such compliance if necessary to facilitate the manufacturers’ and service providers’ com- pliance with sections 2 (a) through (c). (2) Prospective guidelines The Commission shall issue prospective guidelines for a manufacturer or provider re- garding the requirements of this section. (f) Services and equipment subject to section 255 of this title 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 require- ments of 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 re- quirements 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 devel- opment and deployment of new communica- tions technologies. (3) The type of operations of the manufac- turer or provider. (4) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying de- grees 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 sec- tion for any feature or function of equipment used to provide or access advanced commu- nications services, or for any class of such equipment, for any provider of advanced com- munications services, or for any class of such services, that— (A) is capable of accessing an advanced communications service; and Page 341 TITLE 47—TELECOMMUNICATIONS § 618 (B) is designed for multiple purposes, but is designed primarily for purposes other than using advanced communications serv- ices. (2) Small entity exemption The Commission may exempt small entities from the requirements of this section. (i) Customized equipment or services 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 di- rectly to the public, regardless of the facilities used. (j) Rule of construction This section shall not be construed to require a manufacturer of equipment used for advanced communications or a provider of advanced com- munications services to make every feature and function of every device or service accessible for every disability. (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.) Editorial Notes AMENDMENTS 2010—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’’. § 618. Enforcement and recordkeeping obliga- tions (a) Complaint and enforcement procedures Within one year after October 8, 2010, the Com- mission shall establish regulations that facili- tate the filing of formal and informal com- plaints that allege a violation of section 255, 617, or 619 of this title, establish procedures for en- forcement actions by the Commission with re- spect to such violations, and implement the rec- ordkeeping obligations of paragraph (5) for man- ufacturers and providers subject to such sec- tions. Such regulations shall include the fol- lowing provisions: (1) No fee The Commission shall not charge any fee to an individual who files a complaint alleging a violation of section 255, 617, or 619 of this title. (2) Receipt of complaints The Commission shall establish separate and identifiable electronic, telephonic, and phys- ical receptacles for the receipt of complaints filed under section 255, 617, or 619 of this title. (3) Complaints to the Commission (A) In general Any person alleging a violation of section 255, 617, or 619 of this title by a manufacturer of equipment or provider of service subject to such sections may file a formal or infor- mal complaint with the Commission. (B) Investigation of informal complaint The Commission shall investigate the alle- gations in an informal complaint and, with- in 180 days after the date on which such complaint was filed with the Commission, issue an order concluding the investigation, unless such complaint is resolved before such time. The order shall include a deter- mination whether any violation occurred. (i) If the Commission determines that a violation has occurred, the Commission may, in the order issued under this sub- paragraph or in a subsequent order, direct the manufacturer or service provider to bring the service, or in the case of a manu- facturer, the next generation of the equip- ment or device, into compliance with re- quirements of those sections within a rea- sonable time established by the Commis- sion in its order. (ii) NO VIOLATION.—If a determination is made that a violation has not occurred, the Commission shall provide the basis for such determination. (C) Consolidation of complaints The Commission may consolidate for in- vestigation and resolution complaints alleg- ing substantially the same violation. (4) Opportunity to respond Before the Commission makes a determina- tion pursuant to paragraph (3), the party that is the subject of the complaint shall have a reasonable opportunity to respond to such complaint, and may include in such response any factors that are relevant to such deter- mination. Before issuing a final order under paragraph (3)(B)(i), the Commission shall pro- vide such party a reasonable opportunity to comment on any proposed remedial action. (5) Recordkeeping (A) Beginning one year after the effective date of regulations promulgated pursuant to section 617(e) of this title, each manufacturer and provider subject to sections 255, 617, and 619 of this title shall maintain, in the ordinary course of business and for a reasonable period, records of the efforts taken by such manufac- turer or provider to implement sections 255, 617, and 619 of this title, including the fol- lowing: (i) Information about the manufacturer’s or provider’s efforts to consult with individ- uals with disabilities. (ii) Descriptions of the accessibility fea- tures of its products and services. (iii) Information about the compatibility of such products and services with periph- eral devices or specialized customer premise equipment commonly used by individuals with disabilities to achieve access. (B) An officer of a manufacturer or provider shall submit to the Commission an annual cer- tification that records are being kept in ac- cordance with subparagraph (A). (C) After the filing of a formal or informal complaint against a manufacturer or provider, the Commission may request, and shall keep confidential, a copy of the records maintained by such manufacturer or provider pursuant to subparagraph (A) of this paragraph that are di- rectly relevant to the equipment or service that is the subject of such complaint.