Draft Report 2007-03-12

From TEITAC

Composite of Subcommittee draft reports due March 12, 2007.

1 Subpart A — General
2 §1194.1 Purpose
3 §1194.2 Application
4 §1194.3 General exceptions
5 §1194.4 Definitions
6 Subpart B — Technical Standards
7 Subpart C — Functional Performance Criteria
8 Subpart D — Information, Documentation, and Support
- 8.1 1194.41 Information, documentation, and support.

Subpart A — General

This report uses semantic markup on inline text to show proposed insertions and ~~deletions~~. Blocktext is used for rationale, comment, explaination, and question.

§1194.1 Purpose

§1194.2 Application

(a) Products covered by this part shall comply with all applicable provisions of this part.

Comment:  This current language requires all products that meet the definition of 
EIT to conform to all applicable access requirements, e.g. applicable technical 
standards and functional performance standards.  It appears this is actually 
somewhat repeated in the next sentence.  Could this sentence be deleted?

When developing, procuring, maintaining, or using electronic and information technology, each agency shall ensure that the products comply with the applicable provisions of this part in accordance with the provisions of subsections (b), (c) and (d) of this section, unless an undue burden would be imposed on the agency.

When compliance with the provisions of this part imposes an undue burden, agencies shall provide individuals with disabilities with the information and data involved by an alternative means of access that allows the individual to use the information and data.
When procuring a product, if an agency determines that compliance with any provision of this part imposes an undue burden, the documentation by the agency supporting the procurement shall explain why, and to what extent, compliance with each such provision creates an undue burden.

Rationale:  Clarifies that subsection (a) does not stand alone; 
it must be applied in  conjunction with (b), (c) and (d).

(b) When procuring a product, each agency shall procure products, which comply with the provisions in this part when two or more such products are available in the commercial marketplace, and the product’s utility and performance meet the agency’s identified business and technical requirements. ~~[or when such products are developed in response to a Government solicitation].~~ Agencies may apply required and generally accepted procurement procedures in accordance with governing procurement regulations to procurement decision-making regarding such products.

Explanation:  When two or more products are available that meet the access 
standards at 100% level AND those products meet the agency’s business need, 
agencies are obligated to procure one of those products.  The agency may 
use a traditional best-value review to decide which product to procure of 
those that meet the access standards and performance needs.  Using “two or 
more” ensures competition (there are at least two products to which a best 
value analysis can be applied) and prevents agencies from being obligated 
to purchase a single one product that is fully compliant with no competition.

(c) Agencies cannot claim a product, as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meet some but not all of the standards, the agency must:

(Option 1) rate as most accessible ~~[procure]~~ the product that best meets the standards and shall utilize that rating in the procurement decision making process as implemented in accordance with governing procurement regulations.

Explanation:  This option would indicate that when 100% conformance is not available, 
agencies shall rate accessibility of what is available or bid and use that access 
rating in the standard “best value” procurement decision-making process.

(Option 2) identify two or more commercially available products ~~[procure the product]~~ that best meet~~[s]~~ the standards and apply required and generally accepted procurement procedures to those products in accordance with governing procurement regulations.

Explanation:  This option would indicate that when 100% conformance is not available, 
agencies shall identify at least two commercially available products (enough to ensure 
competition) that meet a determined level of accessibility (a “best meets” level) and 
then normal procurement decision making, “best value” process is applied to that pool 
of products.

(Option 3) procure the product that best meets the standards irrespective of standard procurement procedures and governing procurement regulations.

Explanation:  This option would indicate that when 100% conformance is not available, 
agencies are obligated to procure the one product that is the most compliant, 
irrespective of the “best value” consideration process.

(d) Products developed in response to a Government solicitation shall comply with all applicable provisions in this part.

Rationale:  Clarifies that agencies are obligated to require conformance to the 
access standards in solicitations for product development.

(e) ~~(c)~~ Except as provided by §1194.3(b), this part applies to electronic and information technology developed, procured, maintained, or used by agencies directly or used by a contractor under a contract with an agency which requires the use of such product, or requires the use, to a significant extent, of such product in the performance of a service or the furnishing of a product.

§1194.3 General exceptions

(e) This part shall not be construed to require a fundamental alteration in the nature of a product, the intended business use of a product, or its components.

Rationale:  Clarifies the relationship of business need and fundamental alternation.

(f) Products located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment are not required to comply with this part.

Rationale:  Discussion on misunderstanding and inappropriate application of
this exception … need suggested edits.

(g) Products with narrow delineated use, no operating system or software, no capacity for assistive technology to be attached to the product, such as personal use calculators, for which an agency can readily document the availability of specialized products, just as a talking calculator or calculator with large visual display, which can and will be purchased to meet individual needs, are not required to comply with this part.

Rationale:  Establishes new exception needed for items that application of the 
technical and performance standards results in access barriers.  For example, 
requiring all calculators to have speech output, large visual display, enlarged 
keys, etc. actually creates access barriers depending on the functional 
limitations of individuals with disabilities.

§1194.4 Definitions

ACCESSIBILITY

SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY. (a) Requirements for Federal Departments and Agencies.— (1) Accessibility.— (A) Development, procurement, maintenance, or use of electronic and information technology.--When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology— (6) Construction.— (B) Software and peripheral devices. -- Except as required to comply with standards issued by the Access Board under paragraph (2), nothing in paragraph (1)requires the installation of specific accessibility- related software or the attachment of a specific accessibility-related peripheral device at a workstationof a Federal employee who is not an individual with a disability.

Inclusion of a definition of the term Accessible was addressed in the comment section of the Standards, but no definition was included in the final standards Section 1194.4 Definitions Accessible. The term accessible was defined in the proposed rule in terms of compliance with the standards in this part, as is common with other accessibility standards. As proposed, if a product complies with the standards in this part, it is "accessible"; if it does not comply, it is not accessible.

Comment The Trace Research and Development Center (Trace Center) and the General Services Administration commented that the proposed definition of accessible would mean that products can be declared "accessible" if they are merely compatible with assistive technology and that the definition of accessible was being used as a measure of compliance. The Trace Center commented that the problem with this approach is that a product could have few or no accessibility features because it was an undue burden and still be considered accessible.

Response. Although the term accessible was used sparingly in the proposed rule, the Board agrees that the definition may be problematic. The term as used in the proposed rule was in fact addressing products which comply with the standards. Products covered by this part are required to comply with all applicable provisions of this part. Accordingly, the definition has been eliminated in the final rule and the term accessible is not used in the text of the final rule. A product is compliant with the requirements of section 508 of the Rehabilitation Act of 1973 (as amended by the Workforce Investment Act of 1998) by meeting all the applicable provisions of part 1194.

No definition of the term “Accessible” was included in the final standards

Question was raised in discussions as to whether we should try to define accessibility. It’s an issue/question that is raised on a regular basis

A workgroup member raised some underlying things to consider

One really can't make products that are accessible.
One can make things accessible to a person in a situation.
One can't make things accessible to a person in all situations.
One can't make things accessible to all people.

Items that meet the 508 provisions are not necessarily fully accessible.

The products meet some minimum accessibility standard(s), but are not accessible to many people.
The term accessible is often used interchangeably with the term usable.
Unless we use the word “accessible” in one of the provisions in some normative way – it doesn’t need to be defined.

Conclusion is that the 508 requirements are “ standards designed to determine conformance with the legal obligation of EIT to be accessible”. The standards are designed to deliver access for a reasonable range of individuals with various disabilities, but even conformance at a 100% level will not ensure access to every individual with every type of disability. With that in mind- should we try to define products as being accessible?

Suggestion that the focus should be on conformance rather than defining the term “accessible”.

Conformance to the guidelines should not be defined as accessible.
Meeting the technical standards does not assure accessibility.
There is so much to do beyond what is required in our guidelines.
Conformance to the standards provides a framework that the product adequately meets sufficient functional performance criteria, which may include conditional environmental or policy factors.
On the other hand we need to get usable language for the purposes of this effort, not a definition for all situations and potentials.

Unclear if workgroup has consensus on what change(s) should be considered

Is there a need to define the term “accessible” or
Is it a preferable approach to add a defining statement as a subset to Subpart A- Application section? For example:
- Items shall be considered accessible when the provisions from sub-part C of this regulation are met, for the general office environment, and (insert additional environments if needed). We might possibly include some reference to public or home environment.
- Concerns were raised about tying to environment and the impact that could have on limiting the applicability of the standards. The regulations as a whole (application, exemptions, technical standards, etc) should guide the
- Further suggestion swap out term ‘accessible’ and replace with ‘conformant” Products are considered conformant when the provisions from Subpart C of the standards are met.

Is the term “Accessible” being used directly in any of the proposed technical or functional standards under development through TEITAC?

ASSISTIVE TECHNOLOGY

Assistive Technology Device.: Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.

Rationale:  The definition currently in the law is the definition of AT Device -
although it is labeled Assistive Technology.  The AT Act has a different definition 
of Assistive Technology which includes both devices and services.  This change will 
ensure consistency across federal laws and definitions.

Assistive technology service.: Any service that directly assists an individual with a disability in the selection, acquisition or use of an assistive technology device.

Rationale:  One of the other TEITAC Committees forwarded the suggestion that we 
include a definition of assistive technology services.  Is there a risk that it 
will be assumed that AT Services should be provided as part of 508 rather than 
as part of an accommodation under 503, 504 or the ADA?

The term assistive technology is not specifically used in 508 Law

§ 1194.3 General exceptions. (c) Except as required to comply with the provisions in this part, this part does not require the installation of specific accessibility-related software or the attachment of an assistive technology device at a workstation of a Federal employee who is not an individual with a disability.

§ 1194.4 Definitions. Self Contained, Closed Products. Products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products.

Subpart B -- Technical Standards § 1194.21 Software applications and operating systems. (c) A well-defined on-screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes. The focus shall be programmatically exposed so that assistive technology can track focus and focus changes. (d) Sufficient information about a user interface element including the identity, operation and state of the element shall be available to assistive technology. When an image represents a program element, the information conveyed by the image must also be available in text. (l) When electronic forms are used, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.

§ 1194.22 Web-based intranet and internet information and applications. (l) When pages utilize scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assistive technology. (n) When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues. § 1194.25 Self contained, closed products. (a) Self contained products shall be usable by people with disabilities without requiring an end-user to attach assistive technology to the product. Personal headsets for private listening are not assistive technology.

Subpart C -- Functional Performance Criteria

§ 1194.31 Functional performance criteria. (a) At least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided. (b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided. (c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided. (d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided. (e) At least one mode of operation and information retrieval that does not require user speech shall be provided, or support for assistive technology used by people with disabilities shall be provided.

Comment regarding AT in 508 Standards – Final Rule:

Assistive technology. Assistive technology is defined as any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities. The definition was derived from the definition of assistive technology in the Assistive Technology Act of 1998 (29 U.S.C. 3002). The preamble to the proposed rule noted that assistive technology may include screen readers which allow persons who cannot see a visual display to either hear screen content or read the content in Braille, specialized one-handed keyboards which allow an individual to operate a computer with only one hand, and specialized audio amplifiers that allow persons with limited hearing to receive an enhanced audio signal. No substantive comments were received regarding this definition and no changes have been made in the final rule.

Assistive technology. Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.

Although the current “definition was derived from the definition of assistive technology in the Assistive Technology Act of 1998 (29 U.S.C. 3002).” it is not consistent with definition of AT in the Assistive Technology Act. The definition in the 508 standards is the definition of AT Device- although it is labeled Assistive Technology. The AT Act has a different definition of Assistive Technology which includes both devices and services. This change will ensure consistency across federal laws and definitions.
AT Act defines: AT; AT Device; and AT Service
ASSISTIVE TECHNOLOGY.--The term “assistive technology” means technology designed to be utilized in an assistive technology device or assistive technology service.
ASSISTIVE TECHNOLOGY DEVICE. Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities.
ASSISTIVE TECHNOLOGY SERVICE.—the term ‘assistive technology service’ means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes—

(A) the evaluation of the assistive technology needs of an individual with a disability, including a functional evaluation of the impact of the provision of appropriate assistive technology and appropriate services to the individual in the customary environment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities; (C) a service consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such as therapies, interventions, or services associated with education and rehabilitation plans and programs; (E) training or technical assistance for an individual with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) training or technical assistance for professionals(including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices), employers, providers of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities; and (G) a service consisting of expanding the availability of access to technology, including electronic and information technology, to individuals with disabilities.

Recommendation that definition of AT address “service” because in the arena of Telecom access is delivered as bundled product/service. To the extent that the technical standards for telecom cover both products/services in a system, the idea was the definition should cover that.
A simpler solution is to just add the word "service" in the current definition and leave the term "assistive technology" with no differentiation between device and service.
Assistive technology. Any item, piece of equipment, SERVICE, or system, whether acquired commercially, modified, or customized . . .

As we head into a time with “virtual AT” and “services on demand” that can be automated, we should including the possibility that AT “products” could be network services as well. Since people think of products as hardware – I think products and services might be a good idea. Since this is a definition of assistive TECHNOLOGY we may need to qualify ‘services’ to limit them to services that are “technologies”.
I don't think we need "assistive technology service", because that's usually about client evaluations, prescription of AT, etc. -- all accommodations (504) rather than the mass market products we're talking about in 508. Agreed? On the other hand, I've always had a problem with the AT definition as it is. It would seem to swallow up all accessibility, since a mainstream product with accessibility features fits that definition. In the spirit of 255, which has a cascading view of accessibility -- first try to make the mainstream product accessible, then use AT if the mainstream approach won't work.
We should make a distinction between AT and "AMT"- "accessible mainstream technology". Why keep the distinction? Because the two industry segments are so different; their markets are different; their products are usually different; their funding sources are different; where expertise about them resides is different.... It's not for the reason some AT enthusiasts think, that somehow AT is a lesser category. It's that the distinction is an important one from so many perspectives.
We should just include all the definitions and let the access-board folks sort it out.
I would concur about keeping AT and deleting AT Service. As to AT DEVICE. That is fine but if we DO change the definition to AT Device, then we can't use the term AT anywhere in the standard. We would have to use the term AT DEVICE (since that is what we defined). I can see that that might cause problems with AT like screen readers etc that are software. So I'm not sure AT DEVICE will work.
You might say Assistive Technology (as used in this standard). There will always be different definitions of this for different applications.

Because Telecom access is provided as a bundled product & service is this an AT device or service or is it considered conforming to the 508 standards via Equivalent Facilitation”? AT is currently not referenced in the Telecom technical standards. Is the Telecom Committee considering adding AT to the Telecom Technical standards?
Is a definitional change necessary or should the regs be changed to reference “AT Device” rather than “AT”? Couldn’t the current definition of AT Device meet the need? Any item, piece of equipment, or system, whether acquired commercially, modified, or customized, that is commonly used to increase, maintain, or improve functional capabilities of individuals with disabilities. Isn’t a telecom “service” part of the telecom system that is acquired? Wouldn’t that cover the concept of a service meeting the need through the “system”?
Is there a risk having a definition that is inconsistent with statutory definition of AT, AT Device and AT Service?
If the term “service” is added to the definition of AT, will it will be assumed that other services currently included in the AT Act definition of AT Services be construed as a service that should be provided as part of 508 rather than as part of an accommodation under 503, 504 or the ADA?
Do we include a definition for Accessible Mainstream Technology? Term not currently referenced in law or regs- are other committees considering using this term as part of standards?

CAPTIONING

The term is not included in the Law

Reference in Summary of Comments

Alternate methods. The proposed rule used the term "alternate modes" which was defined as different means of providing information to users of products, including product documentation, such as voice, fax, relay service, TTY, internet posting, captioning, text-to-speech synthesis, and audio description.

Comment. One commenter suggested that "alternate methods" would be a better term to describe the different means of providing information. The commenter was concerned that the term alternate modes would be confused with alternate modes of operation of the product itself which does not necessarily refer to how the information is provided. Paragraph (b) provides that equivalent alternatives for any multimedia presentation shall be synchronized with the presentation. This would require, for example, that if an audio portion of a multi-media production was captioned as required in paragraph (a), the captioning must be synchronized with the audio. (See §1194.23(c)(12) and (e)(3) in the NPRM.) The Board also interprets this provision to require that when audio presentations are available on a web page, because audio is a non-textual element, text in the form of captioning must accompany the audio, to allow people who are deaf or hard of hearing to comprehend the content. (See §1194.23(c)(1) in the NPRM.)

Comment. Comments from organizations representing persons who are deaf or hard of hearing strongly supported this provision. One commenter from the technology industry raised a concern that this provision would require all live speeches broadcast on the Internet by a Federal agency to be captioned. The commenter noted that an alternative might be to provide a transcript of the speech which could be saved, reviewed, and searched.

Response. This provision uses language that is not substantively different than the WCAG 1.0 and was supported in the WAI comments to the proposed rule. There are new techniques for providing realtime captioning which are supported by new versions of programs like RealAudio. Providing captioning does not preclude posting a transcript of the speech for people to search or download. However, commenters preferred the realtime captioning over the delay in providing a transcript. No substantive changes have been made to this provision in the final rule.

Definitions: Alternate methods. Different means of providing information, including product documentation, to people with disabilities. Alternate methods may include, but are not limited to, voice, fax, relay service, TTY, Internet posting, captioning, text-to-speech synthesis, and audio description.

§ 1194.24 Video and multimedia products.(c) All training and informational video and multimedia productions which support the agency's mission, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, shall be open or closed captioned.

No definition currently in place

Add Captioning Definition to 508 Regulations

Proposed Languague presented to workgroup for feedback:

Captioning: Captions are synchronized text display(s) of information that is presented on the screen in an audio format. Captions appear as written representation of onscreen audio narration or spoken dialogue, Captions are similar to subtitles, but also convey non-dialogue auditory information that is important to the video, such as on- and off-screen sound effects, music, and laughter that are synchronized with the images on the screen.

Specific Concerns about draft language:

The phrase “onscreen audio narration or spoken dialog” has two problems:
- First – it messes with my head to think of ‘on screen audio”. On-screen is a visual place – the audio comes from somewhere else.
- Second – captions also cover audio that comes from people and events that are offscreen.

Captioning: Captions are synchronized text equivalents for audio information. Captions are similar to subtitles in that they convey the content of spoken dialogue, but also include text for non-spoken information such as important sound effects, music, laughter, and speaker identification and location. In some countries captions are called subtitles.

Captioning: Captions are synchronized text display(s) of information that is presented in an audio track. Captions appear as written representation of audio narration or spoken dialogue, and other important audio events. Captions are similar to alternate language subtitles that are synchronized with the images on the screen, except that they are in the same language as the audio and also convey non-dialogue auditory information that is important to the video, such as on- and off-screen sound effects, music, and laughter.

Suggestion to establish a required minimum font size and transcription display rate.
- Minimum font size is not in web/software requirements- unlikely we would make requirement in this section
- Since there has not been a real study of captioning typography or readability unlikely that we would be able to do either of these.
Suggestion to require that captions “should appear in the lower third of the screen”
- Suggestions based on some current trends evidenced in captioning where faces are blocked or important content is being blocked by captions. Issue of quality.
Captions can appear at any place on the screen
It seems that what you are concerned with (and rightly so) is caption quality. Captions shouldn't be covering important content is one specific requirement that might be possible to introduce somewhere in the standards, but limiting captions to only appear in the bottom third will result in issues for users.
I think the important point here is that captions should not block faces or important content, not that the captions always have to be at the bottom of the screen. The deaf community fought hard to not have captions and other text (such as people's names during interviews) block each other at the bottom of the screen, and programmers were accommodating by moving the captions to other parts of the screen. Also, when there are 2 people on the screen, it is often beneficial to have the captions appear near where the speaker is speaking -this allows viewers to know who is talking: a VERY HELPFUL feature that I don't think people who cannot hear want to give up.
In fact, when the FCC was considering new rules for digital captioning, the deaf community urged the FCC to allow users to have the capability to position captions themselves. While ultimately this was not in the final rule, it shows that the community saw a benefit in being able to have captions in various places on the screen (and not just the bottom third).
I believe that the group came to consensus that requiring captions to appear on the bottom third of the screen is not the answer. Rather, the focus should be on setting the criteria that captions should not block faces or other important material on the screen.
- Internationally [United Kingdom & multiple countries] the term captions is not used. Subtitles is the term used for captions and our subtitles.

I see the definition of captions requiring mention of synchronization and spoken and non-spoken information as key components, not the location. There should be best practices for this, but not in the definition.

COMPARABLE ACCESS

The term “comparable access” is not specifically used in 508 Law, rather agencies are required to provide “access that is comparable to”

SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY. (a) Requirements for Federal Departments and Agencies.— (1) Accessibility.— (A) Development, procurement, maintenance, or use of electronic and information technology.--When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and information technology allows, regardless of the type of medium of the technology— (i) individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and (ii) individuals with disabilities who are members of the public seeking information or services from a Federal department or agency to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not individuals with disabilities.

Comments/Info included Final Rule: Estimated Benefits: Not all government policies are based on maximizing economic efficiency. Some policies are based on furthering the rights of certain classes of individuals to achieve more equitable results, regardless of the effect on economic efficiency. Accessibility to electronic information and technology is an essential component of civil rights for persons with disabilities. The final rule will ensure that Federal employees with disabilities will have access to electronic and information technology used by the Federal government that is comparable to that of Federal employees without disabilities; and that members of the public with disabilities will have comparable access to information and services provided to members of the public without disabilities through the use of Federal electronic and information technology.

Final Rule Subpart A -- General § 1194.1 Purpose.The purpose of this part is to implement section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

ELECTRONIC AND INFORMATION TECHNOLOGY

SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY.

(a) Requirements for Federal Departments and Agencies.—
(2) Electronic and information technology standards.--shall issue and publish standards setting forth—

(A) In general.--Not later than 18 months after the date of enactment of the Rehabilitation Act Amendments of 1998, the Architectural and Transportation Barriers Compliance Board (referred to in this section as the “Access Board”), after consultation with … shall issue and publish standards setting forth— i) for purposes of this section, a definition of electronic and information technology that is consistent with the definition of information technology specified in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)); and …

§1194.4 Definitions

Electronic and information technology.: Includes information technology and any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The term electronic and information technology includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, and office equipment such as copiers and fax machines. The term does not include any equipment that contains embedded information technology that is used as an integral part of the product, but the principal function of which is not the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. For example, HVAC (heating, ventilation, and air conditioning) equipment such as thermostats or temperature control devices, and medical equipment where information technology is integral to its operation, are not information technology.

Clinger-Cohen Definition

The definition in 508 for information technology is identical to that found in the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)), (A) The term 'information technology', with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency. For purposes of the preceding sentence, equipment is used by an executive agency if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency which (i) requires the use of such equipment, or (ii) requires the use, to a significant extent, of such equipment in the performance of a service or the furnishing of a product. (B) The term 'information technology' includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. (C) Notwithstanding subparagraphs (A) and (B), the term 'information technology' does not include any equipment that is acquired by a Federal contractor incidental to a Federal contract.

The §508 definition for Electronic & Information Technology includes the Clinger-Cohen definition for information technology, but also includes "any equipment or interconnected system or subsystem of equipment, that is used in the creation, conversion, or duplication of data or information." The addition to the definition of IT ensures that technologies like software and copiers are covered under 508.

FUNDAMENTAL ALTERATION

IT

Information technology.: Any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. The term information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

TTY

Not changed from previous draft

TTY.: An abbreviation for teletypewriter. Machinery or equipment that employs interactive text based communications through the transmission of coded signals across the telephone network. As used in this part, the term TTY includes text-to-text communications along with voice and text intermixed communications such as voice carry over and hearing carry over. TTYs may include, for example, devices known as TDDs (telecommunication display devices or telecommunication devices for deaf persons) or computers with special modems. TTYs are also called text telephones.

Rationale: Clarifies that the term TTY includes mixed voice and text communications so that technical standards that use the term TTY also apply to intermixed communications, not just text-to-text.

Per Jim T – TTY should be defined in Subpart A as complying with EIA/TIA 825, the Baudot standard.

Video Description

FROM THE DRAFT

Video Description: The insertion of verbal or auditory description(s) of on-screen visuals intended to describe important visual details that are not contained or that cannot be understood from the main audio output alone. Audio descriptions supplement the regular audio track of the program and are usually inserted between dialogue narration to provide information about actions, characters, and on-screen text that appears without verbailization. Video descriptions are a way to let people who are blind or have low vision know what is happening on screen.

Does the definition need to distinguish between audio and video transcription?

Should the definition include the following: In these standards the term video description is used rather than audio description. The term audio description is reserved for verbal descriptions of live events.

Text Conversation

“Text Conversation”: definition

UNDUE BURDEN

Reference in 508 Law:

This term is referenced in the 508 law and is defined in the Standards under Definitions: Reference in 508 Law: The term Undue Burden is used in section 4 of the Law (4) ACQUISITION PLANNING.—In the event that a Federal department or agency determines that compliance with the standards issued by the Access Board under paragraph (2)relating to procurement imposes an undue burden, the documentation by the department or agency supporting the procurement shall explain why compliance creates an undue burden.

Reference in 508 Standards

Defined in 508 Standards under § 1194.4 Definitions

Current Definition

Current Definition: § 1194.4 Definitions Undue burden. Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, an agency shall consider all agency resources available to the program or component for which the product is being developed, procured, maintained, or used.

Background/Discussion Points

Undue Burden is used in Section 504 and Section 508 of the Rehab Act and in different Titles of the ADA- although in one section its Undue Burden and another its Undue Hardship.

The ADA provides additional guidance regarding undue burden. The Rehab Act (for employment related discrimination complaints) references Title I Employment of the ADA.

Under Title III Public Accommodations of the ADA Undue Burden is defined in the regs: (28 C.F.R. § 36.104) Definitions 5. The term "undue burden" means: significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include: a. The nature and cost of the action needed; b. The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site; c. The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity; d. If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type and location of its facilities; and e. If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure and functions of the workforce of the parent corporation or entity. 28 C.F.R. § 36.104; 28 C.F.R. § 35.164.

Title I Employment of the ADA uses the term Undue Hardship- rather than undue burden 10) Undue hardship. - (A) In general. - The term ``undue hardship means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B). (B) Factors to be considered. - In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include- (i)the nature and cost of the accommodation needed under this chapter; (ii)the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (iii)the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv)the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

Suggested Changes

Several approaches could be considered. (i) Add a clarification to the definition of what specific factors should be considered when determining "Undue Burden" (ii) Recommend that these factors be addressed in the technical assistance area. (iii) Do nothing

Comments

- The overarching question is- Is Undue Burden/Undue Hardship already accepted as a term of art and agencies are using prior guidance under the ADA and/or 504 to make determinations or is there inconsistency in the decisions being made and agencies are devising their own criteria? -The term Undue Burden is in the FAR as a result of 508. Through discussion on undue Burden it became clear that the committee had to recommend a change to Section 1194.2 of the Application becuase the term Undue Burden is used only in relation to procurement, not development. 508 coordinators that have attempted to address in relation to development have met with resistance. -Some comments from workgroup members indicated that there is no problem with agencies implementing Undue Burden, however, it was also noted that there are multiple and ongoing requests for information, technical assistance and training on Undue Burden.

Remaining Questions

-Do 508 Coordinators understand how to determine Undue Burden? -Is the current training adequate and appropriate to meet the knowledge needs for agency to implment appropriately? - Some concerns have been raised that there is a perception that the level of accountability and procedures to determine Undue Burden at the Federal Level are lesser than what is applied to states under the ADA. Are the feds held to a lesser level of accountability? If so, should they be held to a lesser level of accountability and assuming the burden of justifying that a development or acquisiton would constitue and undue burden?

Committee Recommendations

Undetermined

Cost Benefits

Subpart B — Technical Standards

1194.21 Software applications and operating systems.

Current wording: When software is designed to run on a system that has a keyboard, product functions shall be executable from a keyboard where the function itself or the result of performing a function can be discerned textually.

"discerned textually" wording is unclear but so far we have not come up with a proposal for better wording.
508 requires discrete drawing (shapes, lines, CAD-like drawing) to be keyboard operable but not require that free-form drawing. ISO does require free-form drawing to be keyboard operable. While some have argued that this is not a need for blind users, it is a need for sighted keyboard-only users.
- ISO: Unless the task requires time-dependent analogue input, software shall provide users with the option to carry out all tasks using only non-time dependent (or keyboard equivalent) input.
- We don't know how to do free-form drawing using only the keyboard other than the function you get today with MouseKeys. Is it reasonable to require software applications to duplicate this function when there is no additional benefit to the user?
- Concern that if we say MouseKeys is sufficient to meet this requirement for free-form drawing, it opens up a loophole for people to claim conformance using MouseKeys for discrete keyboard operations such as menu and dialog box navigation or certain discrete drawing operations (line, rectangle drawing, etc.)
Alternative wording proposal: When EIT is designed to use a keyboard as a means of (insert functionality), (insert keyboard accessibility requirements here).
The only input functions that can't be done from the keyboard are those that are analog AND time-dependent such as painting with a spray can.

Current status:

Some think current wording is fine
Some think we need to improve the wording of "textually discernible" but not raise the bar in 508 to include free-form drawing.
Some think we should harmonize with ISO and require that free-form drawing be keyboard operable. Within this group, there are some who still do not like the specific ISO wording.

Current wording: Applications shall not disrupt or disable activated features of other products that are identified as accessibility features, where those features are developed and documented according to industry standards. Applications also shall not disrupt or disable activated features of any operating system that are identified as accessibility features where the application programming interface for those accessibility features has been documented by the manufacturer of the operating system and is available to the product developer.

No consensus on adopting the ISO wording and at least one person prefers the current Section 508 wording:
- ISO: Software shall not disable or interfere with the accessibility features of the operating system and software that provide services for use by other software or any other applications. The ISO spec also includes a provision for accessibility shortcut key assignments, specifically five consecutive clicks of the shift key and holding the shift key down for 8 seconds. It also notes that platform software may reserve additional shortcut keys.
Concern that the requirement to not "disrupt or disable activated features of other products" is a very high bar to meet. Applications can reasonably be expected to avoid disrupting or disabling features of the operating system because they know it's there and what its features are. But it is unreasonable to expect apps not to disrupt or disable features of any other products.
- For example, ATs use undocumented methods to provide access. But we can't require IT vendors to not interfere with what is not documented.
There was also an alternative proposal put forward for 21(b) during the discussion of 21(g).
- Proposal: Applications shall not disrupt or disable activated features of other products (including Operating Systems) that are identified as accessibility features, where those features are developed and documented according to industry standards.
- Concern that the proposal leaves out the possibility of an operating system vendor making APIs that are not "industry standard" available to product developers.
Conclusion: Subcommittee recommends no change to 21(b)

Current wording: A well-defined on-screen indication of the current focus shall be provided that moves among interactive interface elements as the input focus changes. The focus shall be programmatically exposed so that assistive technology can track focus and focus changes.

ISO: "Software shall provide a focus cursor that visually indicates which user interface element currently has the keyboard input focus, as well as the focus location within that element when one exists." and "Software shall provide assistive technology with notification of events relevant to user interactions". The examples for the second ISO provision includes changes in focus as one such event.
Like ISO wording but concern that it does not include an explicit requirement that the focus be programmatically exposed although some think that the provision requiring notification of events such as focus change implies that the focus is programmatically exposed. Should recommend ISO wording but add a requirement that the focus has to be programmatically exposed.
This requirement is easily tested although the tools may not be well-known to non-technical people.
Subcommittee recommends modifying 21(c) to: Software shall provide a focus cursor that visually indicates which user interface element currently has the keyboard input focus, as well as the focus location within that element when one exists. The focus cursor shall be programmatically exposed so that assistive technology can track focus and focus changes.
- Note that this may have to be reconsidered as part of the API requirements proposal.

Current wording: Sufficient information about a user interface element including the identity, operation and state of the element shall be available to assistive technology. When an image represents a program element, the information conveyed by the image must also be available in text.

On hold pending conclusion of discussion on the API requirements proposal.

Current wording: Textual information shall be provided through operating system functions for displaying text. The minimum information that shall be made available is text content, text input caret location, and text attributes.

On hold pending conclusion of discussion on the API requirements proposal.

Current wording: Applications shall not override user selected contrast and color selections and other individual display attributes.

ISO has no provision that maps directly to this one, probably because it is considered to be covered by the ISO equivalent to 21(b).
Issues with:
- "other individual display attributes" - subject to interpretation as to what this requires
- "shall not override" can be interpreted to mean very different things
Subcommittee recommends modifying 21(g) to: Applications shall utilize user selected contrast and color selections and other individual display attributes when the availability of those selections are developed and documented according to industry standards.

Current wording: When animation is displayed, the information shall be displayable in at least one non-animated presentation mode at the option of the user.

Progress indicators implemented using controls that expose information to AT are not animations and should not be subject to this requirement.
Informational animations that are accessible should not be required to provide an alternative non-animated version but may need to provide a mechanism for pausing and restarting.
For informational animations that are not accessible, a static alternative can be provided using "equivalent facilitation".
Decorative animations need a mechanism for stopping them. If the mechanism reloads the page without the decorative animation, that should be sufficient.
Proposal currently under discussion in the subcommittee: When an informational animation is displayed that will last for more than three seconds, software shall give the user a means to pause and restart the animation. When a decorative animation is displayed that will last for more than three seconds, software shall give the user a means to stop the animation.

Current wording: Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.

WCAG 2.0 wording is still evolving so it's probably too early to harmonize.
Conclusion: The subcommittee recommends no change at this time to 21(i).

Current wording: When a product permits a user to adjust color and contrast settings, a variety of color selections capable of producing a range of contrast levels shall be provided.

Although the ISO standard does have some recommendations with regard to contrast, there is no requirement that addresses it.
Issues:
- As currently worded, this provision is weak and unfailable. If an app doesn't permit the user to adjust color and contrast settings, it passes. If it does permit the user to adjust them, the requirement to provide "a variety of color selections capable of producing a range of contrast levels" is so subjective that they all pass.
- "permits a user to adjust" wording is problematic because it may be interpreted to mean that if the hardware allows the user to adjust the contrast, then the software is required to provide the "variety of color selections capable of producing a range of contrast levels". (We never developed a recommendation to address this issue.)
- Also there is no requirement for a minimum default contrast ratio.
- Need to be clear about where this applies. For example, designer elements such as product logos should be excluded.
- Contrast "perception" is affected by non-luminosity factors such as character stroke width
There is a chain of components which are required to deliver a given contrast ratio. 1) The source encoding, 2) The platform software and hardware to run it on and 3) The viewing environment. All of these have to be set up properly for the user to perceive 'sufficient contrast'. We have to decide which parts of this delivery chain 508 wants to address; but there are problems with all of them.
Subcommittee recommends modifying 21(j) to: When a product permits a user to adjust color and contrast settings, at least one color selection capable of producing a minimum luminosity contrast ratio of n:1 shall be provided. Default combinations of foreground and background colours (hue and luminance) should produce a minimum luminosity contrast ratio of n:1. (n:1 to be determined later based on research or harmonization with WCAG 2.0)
- Note that there are fringe cases where this may not be testable. For example, with dynamic content, the contrast ratio will depend on what the content is rendered on.

Current wording: Software shall not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz.

WCAG 2.0 introduced the idea of a minimum size. This is good because only flashing areas that are larger than a defined size are an issue. For example, a blinking text caret is not large enough to trigger a seizure even if it is flashing within the 2 to 55 Hz range.
Proposal currently under discussion: When software has flashing or blinking elements that occupy more than one quarter of any 341 x 256 pixel rectangle anywhere on the displayed screen area when viewed at 1024 x 768 pixels, the flashing or blinking elements shall not have a flash or blink frequency greater than 2 Hz and lower than 55 Hz.
- Further discussion of harmonizing this with WCAG 2.0 is on hold until WCAG 2.0 wording is more mature.

Current wording: When electronic forms are used, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.

On hold pending conclusion of discussion on the API requirements proposal.

1194.22 Web-based intranet and internet information and applications.

Current wording: A text equivalent for every non-text element shall be provided (e.g., via "alt", "longdesc", or in element content).

Recommendation: Adopt WCAG 2.0 success criterion 1.1.1. Addresses concerns of captchas, null alt text for decorative images and provisions for multimedia.

Current wording: Equivalent alternatives for any multimedia presentation shall be synchronized with the presentation.

Discussed at the November 15, 2006 meeting. Defer this to the Audio Video Subcommittee.

Current wording: Web pages shall be designed so that all information conveyed with color is also available without color, for example from context or markup.

WCAG 2.0 wording is still evolving so it's probably too early to harmonize.
Conclusion: The subcommittee recommends no change at this time to 22(c).

Current wording: Documents shall be organized so they are readable without requiring an associated style sheet.

This requirement is no longer needed. What is important is that the content have structure and that the reading order can be determined.
New technologies for rich Internet applications (RIA) cannot work with CSS disabled. If this remains in 508, RIAs will not be able to conform to 508 even though they can be made to be accessible.
Recommendation: Remove this requirment and add one on structure and reading order.
- When the sequence in which content is presented affects its meaning, a correct reading sequence is programmatically determinable.
- programmatically determinable is defined as: can be determined by software from data provided in a user-agent-supported manner such that various user agents including assistive tecnologies can extract and present this information to users in different modalities.
  - Note: This definition and its connection to assitive technologies needs further discussion.

Current wording:

(e) Redundant text links shall be provided for each active region of a server-side image map.
(f) Client-side image maps shall be provided instead of server-side image maps except where the regions cannot be defined with an available geometric shape.

HTML specific.
(f) essentially makes any server side image maps not compliant with Section 508.
The issue is keyboard accessibility. "Redundant text links" is too prescriptive. There are other ways to provide keyboard equivalents.
Recommendation: Remove (e) and (f) and add the proper provisions from WCAG 2.0 to ensure image maps are accessible. Keyboard accessibility (WCAG 2.1.1) and meaningful link names (WCAG 2.4.4) may cover them sufficiently.
- 2.1.1 All functionality of the content is operable through a keyboard interface without requiring specific timings for individual keystrokes, except where the underlying task requires analog, time-dependent input.
  - Note: Alternative proposals are currently under discussion in the subcommittee.
- 2.4.4 The purpose of each link can be determined from the link text and its programmatically determined link context.

Current wording:

22(g) Row and column headers shall be identified for data tables.
22(h) Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.

Harmonization with WCAG 2.0 is a good idea but concern that moving the table requirements to "sufficient techniques" will soften the requirement. Suggest including in the standard as examples.
Proposal (subject to subcommittee approval): Replace (g) and (h) with:
- Information and relationships conveyed through presentation can be programmatically determined, and notification of changes to these is available to user agents, including assistive technologies. For example:
  - row and column headers are identifed for data tables
  - markup is used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.

Current wording: Frames shall be titled with text that facilitates frame identification and navigation.

Frames are HTML specific. There are a lot of techniques required to make frames accessible. WCAG 2.0 addresses frames in techniques for several success criteria.
No consensus to harmonize with WCAG 2.0 on this.

Current wording: Pages shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.

WCAG 2.0 introduced the idea of a minimum size. This is good because only flashing areas that are larger than a defined size are an issue. For example, a blinking text caret is not large enough to trigger a seizure even if it is flashing within the 2 to 55 Hz range.
Proposal currently under discussion: When software has flashing or blinking elements that occupy more than one quarter of any 341 x 256 pixel rectangle anywhere on the displayed screen area when viewed at 1024 x 768 pixels, the flashing or blinking elements shall not have a flash or blink frequency greater than 2 Hz and lower than 55 Hz.
- Further discussion of harmonizing this with WCAG 2.0 is on hold until WCAG 2.0 wording is more mature.

Current wording: A text-only page, with equivalent information or functionality, shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes.

Not necessary because of equivalent facilitation.
Recommendation: Remove this requirement.

Current wording: When pages utilize scripting languages to display content, or to create interface elements, the information provided by the script shall be identified with functional text that can be read by assistive technology.

Current wording: When a web page requires that an applet, plug-in or other application be present on the client system to interpret page content, the page must provide a link to a plug-in or applet that complies with §1194.21(a) through (l).

For those who have to comply with WCAG 2.0 and Section 508, having a requirement in 1194.22 that refers back to 1194.21, means that developers will have to answer questions twice - once for WCAG 2.0 and again for 508.
Two particular problems in this area that need to be addressed with sufficient techniques are:
- Keyboard focus - traversal into and out of applets and plug-ins
- Color/contrast - inheriting the system settings within the applet or plug-in.
Generally in favor of WCAG 2.0 approach - have provisions in the Section 508 Web section that would address interactive content (applets, plug-ins, scripts) without referring to the software requirements. Need to investigate if all of the current 508 software provisions are addressed by WCAG 2.0. See the mapping of current software provisions to WCAG 2.0.

Current wording: When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.

Some favor the WCAG 2.0 method which is to have a general testable requirement on interactive elements backed up by more specific techniques for HTML forms, JavaScript, AJAX, etc.
Some favor a specific provision in Section 508 addressing Web forms.

Current wording: A method shall be provided that permits users to skip repetitive navigation links.

Skip links don't work right in most browsers. They move the viewport but not the keyboard focus.
In WCAG 2.0, this is addressed in 2.4.1 "A mechanism is available to bypass blocks of content that are repeated on multiple Web units." So WCAG 2.0 is broader than 508. It applies to any kind of repeated content, not just navigation links.
The real requirement is for efficient keyboard navigation, not just skipping repeated content. If the document has structure as required by WCAG 2.0 success criterion 1.3.1, then keyboard navigation can be provided by the user agent.
- Note: Screen readers will now figure out the repetitive navigation links and skip them automatically without developers doing anything.
W3C User Agent Accessibility Guidelines require user agents to provide keyboard navigation of structure but currently only screen readers are doing this.
Recommendation (subject to subcommittee approval): Remove this requirement and add 1.3.1 and 2.4.1 from WCAG 2.0:
- 1.3.1 Information and relationships conveyed through presentation can be programmatically determined, and notification of changes to these is available to user agents, including assistive technologies.
- 2.4.1 A mechanism is available to bypass blocks of content that are repeated on multiple Web pages.

Current wording: When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.

Testability issue - what is "sufficient time"?
WCAG 2.0 provides several strategies for addressing timed responses. Section 508 is very prescriptive in only allowing one strategy.
Recommendation: Harmonize with WCAG 2.0.
- For each time limit that is set by the content, at least one of the following is true:
  - Deactivate: the user is allowed to deactivate the time limit; or
  - Adjust: the user is allowed to adjust the time limit over a wide range that is at least ten times the length of the default setting; or
  - Extend: the user is warned before time expires and given at least 20 seconds to extend the time limit with a simple action (for example, "hit any key"), and the user is allowed to extend the time limit at least ten times; or
  - Real-time Exception: the time limit is an important part of a real-time event (for example, an auction), and no alternative to the time limit is possible; or
  - Essential Exception: the time limit is part of an activity where timing is essential (for example, competitive gaming or time-based testing) and time limits can not be extended further without invalidating the activity.

1194.23 Telecommunications products. Includes Section 255

Current provision	Keep current language	Change in Jurisdiction?	Modification	Rationale: Why is this change suggested?
1194.23(a)		no	(a) Telecommunications products or systems that provide a function allowing voice communication and do not themselves provide TTY or other text conversation functionality: (1) shall provide a standard non-acoustic connection point for TTYs or an equivalent method for text and/or video conversation, and (2) microphones shall be capable of being turned on and off to allow the user to intermix speech with text ~~[TTY]~~ use.
1194.23(b)		no	(b) Telecommunications products, which include voice communication functionality, shall support the EIA/TIA 825 Baudot ~~[all commonly used cross-manufacturer non-proprietary]~~ standard TTY signal protocol~~[s]~~.
1194.23(c)		no	(c) Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems shall: (1) be usable by TTY users with their TTYs and by individuals using relay services including voice carry over, hearing carry over, video relay, and speech-to-speech relay services, (2) have audio capability sufficient for high intelligibility, (3) have highly intelligible recorded messages and prompts without any background sounds that would reduce intelligibility, (4) provide full player controls that allow users to pause, rewind, slow down and repeat all messages and prompts, and adjust volume, (5) include menus that contain no more than six items, (6) provide easy to understand and act upon menu items and other navigational messages, (7) provide controls that are consistent throughout the application, (8) allow the user to correct any errors or confirm any input that would lead to permanent changes in their account or profile; (9) Have an “easy out” to reach a live customer service representative.
1194.23(d)	(d) Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems that require a response from a user within a time interval, shall give an alert when the time interval is about to run out, and shall provide sufficient time for the user to indicate more time is required.
1194.23(e)			(e) Where provided, visual interfaces for telecommunications status information such as caller identification and similar telecommunications functions as part of interactive voice response systems or equivalents shall also be available for users of TTYs or other text conversation systems, and for users who cannot see displays and shall meet all accessibility provisions for software and content.
1194.23(f)			(f) For receive transmitted voice signals, (1) line powered telecommunications products shall comply with FCC regulation §68.317 for volume control, or (1) telecommunications products shall provide a built in gain adjustable up to a minimum of 20 dB. For incremental volume control, at least one intermediate step of 12 dB of gain shall be provided. (2) all other telecommunications products or systems that provide a function allowing voice communication shall provide a gain adjustable up to a minimum of 20?* dB with ~~[. For]~~ incremental volume control of at least one intermediate step of 12 dB of gain ~~[shall be]~~ provided as measured and documented in accordance with the provisions of the FCC regulation §68.317 for volume control.	We need to decide how to address the difference between the gain level in HAC and 508. Do we want to differentiate between line-powered products and externally powered? We need to decide on a gain level. 1 There is a problem is measurement of gain from variable floor.* Recommend standard for the floor from which the adjustable gain is measured by developed by TIA.
1194.23(g)			(g) If the telecommunications product allows a user to adjust the receive volume, a function shall be provided to automatically reset the volume to the default level after every use if the volume is capable of greater than 18 dB of gain along with an option for user override of that automatic default.	Is there a need to have a max output specified to prevent the gain from exceeding that level?
1194.23(h)			(h) Where a telecommunications product delivers output by an audio transducer which is normally held up to the ear, a means for effective magnetic wireless coupling to hearing technologies shall be provided that allows the user of such technologies to effectively utilize the telecommunication product. This guideline shall apply to wireless, wireline, cordless and Bluetooth ?? applications..
1194.23(i)	(i) Interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) shall be reduced to the lowest possible level that allows a user of hearing technologies to utilize the telecommunications product.		Should metrics be added like the TIA cordless standards?? or a reference to ANSI/IEEE?? or other standards? Do we want to reference FCC regs for wireless technologies?
1194.23(j)	(j) Products that transmit or conduct information or communication shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide the information or communication in a usable format. Technologies which use encoding, signal compression, format transformation, or similar techniques shall not remove information needed for access or shall restore it upon delivery.
1194.23(k)			(k) Telecommunications products or systems which have the capacity to transmit video, text and voice communications shall support internet protocol text and voice communications in X format and have sufficient transmission bandwidth capacity to support video communication such as video relay and point to point video communications.	What did we decide to do about firewall problems?
~~1194.23(k)~~		Move to Closed Products	~~[ (k) Products which have mechanically operated controls or keys, shall comply with the following:~~ ~~(1) Controls and keys shall be tactilely discernible without activating the controls or keys.~~ (2) Controls and keys shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls and keys shall be 5 lbs. (22.2 N) maximum. ~~(3) If key repeat is supported, the delay before repeat shall be adjustable to at least two seconds. The key repeat rate shall be adjustable to two seconds per character.~~ ~~(4) The status of all locking or toggle controls or keys shall be visually discernible, and discernible either through touch or sound.]~~

Current provision	Keep current language	Change in Jurisdiction?	Modification	Rationale: Why is this change suggested?
1194.23(a)		no	1194.23(a1) Telecommunications products or systems that provide a function allowing voice communication and do not themselves provide TTY for PSTN or the standard real-time IP text format for IP systems: (1) shall provide a standard non-acoustic connection point for TTYs for PSTN products or an equivalent connection method for real-time IP text format for IP systems and (2) On PSTN systems microphones shall be capable of being turned on and off to allow the user to intermix speech with text use. (3) On IP systems it shall be possible to transmit text and speech in parallel in both directions. 1194.23(a2) Telecommunications products or systems that provide a function allowing voice communication and have sufficient bandwidth to support real-time video signing but do not themselves provide real-time video communication sufficient to support signing: (1) shall provide a standard connection point attaching a real-time signing device and (2) On PSTN systems microphones shall be capable of being turned on and off to allow the user to intermix speech with video. (3) On IP systems it shall be possible to transmit text, video and speech in parallel in both directions.	1) We need to change the TTY provisions to reflect the new IP networks. If we don't want to call IP Telephones as ‘telecom’ then we can change the name of this group. But I think this group needs to be the one that talks about VoIP phones. 2) The TTY provisions should be rewritten to say something like “TTY for PSTN system and IPText for IP systems” 3) “other text conversation functionality” it too vague. People converse on email and SMS even thought turn around times of 7 min are not unusual for SMS. Suggest we add ‘real-time’ 4) Having “a text conversation’ function is not sufficient. There has to be a standard one that is supported by all or transcoded to a standard one or you can't have end to end conversation. WE can punt as to what it is maybe (probably not a good idea but….) but we need to specify that the standard is used. 5) We need to treat video as separate because video cannot substitute for text. Although it is so much faster when people on both ends sign, it will not work for the majority of people who cannot sign.
1194.23(b)		no	1194.23(b) Telecommunications products, which include voice communication functionality, shall support the standard real-time text protocol for that medium: (1) on PSTN they shall support EIA/TIA 825 Baudot standard TTY signal protocol. (2) on IP networks they shall support ITU T-140 and RFC 4103 or shall be capable of converting to this.
1194.23(c)		no	(c) Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems shall: (1) be usable by text conversation users using real-time text conversation technologies for the network (see 1194.23(b)and by individuals using relay services including voice carry over, hearing carry over, video relay, and speech-to-speech relay services, (2) have standard audio quality for PSTN, and have ITU-T G.711 for IP network technologies, (3) have standard audio quality for PSTN, and have ITU-T G.711 level (or better) recorded messages and prompts without any background sounds that would reduce intelligibility, (4) provide full player controls that allow users to pause, rewind, slow down and repeat all messages and prompts, and adjust volume, (5) include menus that contain no more than 5 items at a time plus a request for more if needed, ~~(6) provide easy to understand and act upon menu items and other navigational messages,~~ (7) provide controls that are consistent throughout the application, (8) allow the user to correct any errors or confirm any input that would lead to permanent changes in their account or profile; (9) Have an “easy out” to reach a live customer service representative.
1194.23(d)	(d) Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems that require a response from a user within a time interval, shall give an alert when the time interval is about to run out, and shall provide at least 10 seconds for the user to indicate more time is required by hitting any key (if a specific key is required then 20 seconds shall be provided).
1194.23(e)			(e) Where provided, caller identification and similar telecommunications functions shall also be available for users of real-time text communication systems specified in 1194.23(b), and for users who cannot see displays.
1194.23(f)			(f) For receive transmitted voice signals, (1) line powered telecommunications products shall comply with FCC regulation §68.317 for volume control, or (1) telecommunications products shall provide a built in gain adjustable up to a minimum of 20 dB. For incremental volume control, at least one intermediate step of 12 dB of gain shall be provided. (2) all other telecommunications products or systems that provide a function allowing voice communication shall provide a gain adjustable up to a minimum of 20?* dB with ~~[. For]~~ incremental volume control of at least one intermediate step of 12 dB of gain ~~[shall be]~~ provided as measured and documented in accordance with the provisions of the FCC regulation §68.317 for volume control.	We need to decide how to address the difference between the gain level in HAC and 508. Do we want to differentiate between line-powered products and externally powered? We need to decide on a gain level. 1 There is a problem is measurement of gain from variable floor.* Recommend standard for the floor from which the adjustable gain is measured by developed by TIA.
1194.23(g)			(g) If the telecommunications product allows a user to adjust the receive volume above 80 Db SPL , a function shall be provided to automatically reset the volume down to 80 Db SPL ~~the default level~~ after every use with an option for user override of that automatic default.	"no need to reset volume unless it is very loud. very frustrating if you do for all users. Is there a need to have a max output specified to prevent the gain from exceeding that level? {Don't think so. already regs against going over 120 db spl arent there? }
1194.23(h)			(h) Where a telecommunications product delivers output by an audio transducer which is normally held up to the ear, a means for effective magnetic wireless coupling to hearing technologies shall be provided that allows the user of such technologies to effectively utilize the telecommunication product. This guideline shall apply to wireless, wireline, and cordless applications..	No need for 'bluetooth' it is a peripheral technology - not a telecom technology. we dont want to require that every bluetooth headset conform to this.
1194.23(i)	(i) Interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) shall be reduced to the lowest possible level that allows a user of hearing technologies to utilize the telecommunications product.		Need to specify metrics like the TIA cordless standards?? or a reference to ANSI/IEEE?? or other standards? Do we want to reference FCC regs for wireless technologies?
1194.23(j)	(j) Products that transmit or conduct information or communication shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide the information or communication in a usable format. Technologies which use encoding, signal compression, format transformation, or similar techniques shall not remove information needed for access or shall restore it upon delivery.
1194.23(k)			(k) “All of the information that is presented visually by a telephone must be available via a non-visual mechanism to blind or visually impaired users of that telephone.”
1194.23(k)			(l) Telecommunications products or systems which have the capacity to transmit video, text and voice communications shall support internet protocol text and voice communications in X format and have sufficient transmission bandwidth capacity to support video communication such as video relay and point to point video communications.	What did we decide to do about firewall problems?
~~OLD 1194.23(k)~~		Move to HARDWARE	~~[ (k) Products which have mechanically operated controls or keys, shall comply with the following:~~ ~~(1) Controls and keys shall be tactilely discernible without activating the controls or keys.~~ (2) Controls and keys shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls and keys shall be 5 lbs. (22.2 N) maximum. ~~(3) If key repeat is supported, the delay before repeat shall be adjustable to at least two seconds. The key repeat rate shall be adjustable to two seconds per character.~~ ~~(4) The status of all locking or toggle controls or keys shall be visually discernible, and discernible either through touch or sound.]~~

ALL OF THE 255 PROVISIONS ALSO NEED TO BE PUT IN HERE SOMEWHERE. WE ARE ALSO SUPPOSED TO REVIEW THOSE REGULATIONS.

NOTE: On the last call there was some confusion about the 255 regs. The 255 regulations are regulations just like 508. They both are in the CFR (Code of federal regulations).

508 is part 1194 of Chapter X1 of title 36 of the Code of Federal Regulations (CFR)
255 regs are parts 6 and 7 of title 47 of the Code of Federal Regulations (CFR)
- The 255 regulations were adopted by the FCC and added to the other FCC regulations via Clause 194 of the FCC report and order (the 3rd ORDER CLAUSE in the Report and Order) which reads:
  - " 194. IT IS FURTHER ORDERED that 47 C.F.R. Parts 6 and 7 ARE ADOPTED as set forth in Appendix B, effective seventy (70) days after publication of the text thereof in the Federal Register. "

If we believe in harmonization, we certainly want 255 and 508 (Both parts of the CFR) to be harmonized with each other !

Lots of work to do.

1194.24 Video and multimedia products.

Current provision	Keep current language	Modification	Rationale: Why is this change suggested?
1194.24(a) All analog television displays 13 inches and larger, and computerequipment that includes analog television receiver or display circuitry,shall be equipped with caption decoder circuitry which appropriatelyreceives, decodes, and displays closed captions from broadcast, cable,videotape, and DVD signals. As soon as practicable, but not later than July 1, 2002, widescreen digital television (DTV) displays measuring at least 7.8 inches vertically, DTV sets with conventional displays measuring at least 13 inches vertically, and stand-alone DTV tuners, whether or not they aremarketed with display screens, and computer equipment that includes DTV receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays closedcaptions from broadcast, cable, videotape, and DVD signals.	no	All analog television displays measured 13 inches diagonally and larger, and computer equipment that includes analog television receiver or display circuitry, shall be equipped with caption decoder circuitry which appropriately receives, decodes, and displays CEA 608-standard closedcaptions from broadcast, cable, satellite, videotape, and DVD signals. Wide-screen (16:9) digital television (DTV) displays measuring at least 7.8 inches vertically, DTV sets with conventional (4:3) displays measuring at least 13 inches diagonally, and stand-alone DTV tuners, whether or not theyare marketed with display screens, and computer equipment that includes DTV receiver or display circuitry, shall be equipped with CEA 708-standard caption decoder circuitry which appropriately receives, decodes, and displays closed captions from broadcast, cable, satellite, videotape, and DVD signals. HD-DVD, BluRay and other digital video source devices must either pass CEA 708 data, when available, to the caption decoding circuitry of DTV displays or must decode CEA 708 data, when available, and pass an open-captioned signal to the DTV display.	Updated to include new technology and standards, such as EIA-708, HD-DTV, BlueRay, etc.
1194.24(b) Television tuners, including tuner cards for use in computers, shall be equipped with secondary audio program playback circuitry.	no	Analog-signal television tuners, including tuner cards for use in computers, shall be equipped with secondary audio program playback circuitry for support of video description. Digital-signal television tuners, including tuner cards for use in computers, shall be equipped with ancillary audio program playback circuitry for support of video description.	Ensure that descriptions are supported in both analog and digital environments.
1194.24(c) All training and informational video and multimedia productions which support the agency's mission, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, shall be open or closed captioned.	no	All materials containing video and/or audio, regardless of format, that contain speech or other audio information necessary for the comprehension of the content, must comply with the following: Materials containing prerecorded audio and no additional time-based content must provide either a transcript or synchronized captions. Materials containing prerecorded video with concurrent audio must provide synchronized captions and may offer a transcript in addition to, but not in place of, the captions. materials containing real-time audio, with or without video, must provide synchronized real-time captions.	Clarify the use of transcripts. Clarify language regarding real-time captions.
1194.24(d) All training and informational video and multimedia productions which support the agency’s mission, regardless of format, that contain visual information necessary for the comprehension of the content, shall be audio described.	no	All materials containing video and/or audio, regardless of format, that contain visual information necessary for the comprehension of the content, must comply with the following: Materials containing prerecorded video and no audio or other additional time-based content must provide either a separate text description of the video or provide an additional audio track to convey the informational content of the video. Materials containing prerecorded video with concurrent audio must provide synchronized audio descriptions, or a separate text description of the video, to convey the informational content of the video. Materials containing live video must provide synchronized audio descriptions in real time to convey the informational content of the video.	Clarify the use of transcripts. Clarify language regarding real-time descriptions.
1194.24(e) Display or presentation of alternate text presentation or audio descriptions shall be user-selectable unless permanent.	no	At the time of playback, captions and/or audio descriptions must be either (a) capable of being turned on and off (“closed”), or (b) visible or audible to all users (“open”).	Clarify language regarding open vs closed captions/descriptions.

New provision	Rationale: What issue does this provision address?
1194.24(f) All materials containing interactive elements that are part of the content must comply with 1194.21 [a-z] as well as 1194.24 a-e.	Ensure that interactive materials that are part of a video/audio presentation are accessible.

Quality and placement of captioning/text descriptions need to be addressed and provided specs for multimedia design, type of fonts, and delivery.

Clarification is needed to ensure that transcripts are not an option in place of captioning, but rather to supplement the captioned live programs/prerecorded videos or materials.

1194.25 Self contained, closed products.

Current provision	Keep current language	Change in Jurisdiction?	Modification	Rationale: Why is this change suggested?
1194.25(a) Self contained products shall be usable by people with disabilities without requiring an end-user to attach assistive technology to the product. Personal headsets for private listening are not assistive technology.	No	No	Under discussion	Proposed that self-contained is a functional characteristic of either hardware or software rather than a class of products. Identify that a closed product function could be by design, policy or perhaps other reasoning. Not requiring AT will be changed to reflect that AT is not readily available or that a choice has been made not to be compatible with available AT.
1194.25(b) When a timed response is required, the user shall be alerted and given sufficient time to indicate more time is required.	Yes	Software	NA	This is a function of software.
1194.25(c) Where a product utilizes touchscreens or contact-sensitive controls, an input method shall be provided that complies with §1194.23 (k) (1) through (4).	No	Hardware	Under discussion	The text of this provision refers to touch sensitive controls but the compliance points taken from telecomm refer to mechanical controls.
1194.25(d) When biometric forms of user identification or control are used, an alternative form of identification or activation, which does not require the user to possess particular biological characteristics, shall also be provided.	No	Hardware	Under discussion	May need clarification that this provision applies to biometrics related to product usage rather than biometrics for other purposes.
1194.25(e) When products provide auditory output, the audio signal shall be provided at a standard signal level through an industry standard connector that will allow for private listening. The product must provide the ability to interrupt, pause, and restart the audio at anytime.	Yes	First sentence moved to hardware; second sentence moved to software.	Further discussion	This is two provisions and should be designated in hardware and software respectively.
1194.25(f) When products deliver voice output in a public area, incremental volume control shall be provided with output amplification up to a level of at least 65 dB. Where the ambient noise level of the environment is above 45 dB, a volume gain of at least 20 dB above the ambient level shall be user selectable. A function shall be provided to automatically reset the volume to the default level after every use.	Not Determined	Not Determined
1194.25(g) Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.	Yes	Hardware and software as applicable
1194.25(h) When a product permits a user to adjust color and contrast settings, a range of color selections capable of producing a variety of contrast levels shall be provided.	Yes	Software		This is a function of software.
1194.25(i) Products shall be designed to avoid causing the screen to flicker with a frequency greater than 2 Hz and lower than 55 Hz.	No	Software	55 Hz changed to 50 Hz.	Not correctly implemented from the EITAC.
1194.25(j) Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following: The position of any operable control shall be determined with respect to a vertical plane, which is 48 inches in length, centered on the operable control, and at the maximum protrusion of the product within the 48 inch length (see Figure 1 of this part). Where any operable control is 10 inches or less behind the reference plane, the height shall be 54 inches maximum and 15 inches minimum above the floor. Where any operable control is more than 10 inches and not more than 24 inches behind the reference plane, the height shall be 46 inches maximum and 15 inches minimum above the floor. Operable controls shall not be more than 24 inches behind the reference plane (see Figure 2 of this part).	Yes	Hardware		Applies to hardware.

No new provisions have been proposed. Implementation and clarification of the Functional Performance Criteria is essential to increasing accessibility of closed product functions. Therefore, this subcommittee has agreed to focus some energy on review of the Functional Criteria to determine if further standards based on their implementation might be necessary to accommodate functions where AT is not available or is otherwise excluded.

Provisions should be organized by characteristic rather than by product to the extent possible. This is especially critical to Closed characteristics of products where the product comprises hardware and software, and where accessibility must be designed into the product itself due to product design constraints, use requirements or lack of available AT.

This subcommittee will need to comment on the following:

Cost benefit related to self-contained implementation of accessibility of low cost technologies such as calculators — product line approach; exemptions.

1194.26 Desktop and portable computers.

Current provision	Keep current language	Current language	Change in Jurisdiction?	Modification	Rationale: Why is this change suggested?
1194.26 (a)	Yes	All mechanically operated controls and keys shall comply with § 1194.23 (k) (1) through (4).	No	A reminder that this provision deals only with mechanical controls & keys. Touch-sensitive is in the next section.
1194.26 (b)	Yes	If a product utilizes touch screens or touch-operated controls, an input method shall be provided that complies with § 1194.23 (k) (1) through (4).	No		There are conflicting benefits related to touch controls between different types of disabilities. For people with severe motor impairments (ie. people who can't use their hands), a 100% touch interface is a good thing because it means all controls are software-based and they can therefore actuate them. {?? Controls can be software based without being touch sensitive} Perhaps a new provision could be added which states something like "Functions that are performed by mechanical controls and keys shall also be performable via alternative interfaces". {This would go in AT compatibility.} Also, discussion here around the issue of being able to turn on a device from a cold shut-down via the USB port. Is it possible? It used to be on the old Apple Desktop Bus (ADB) that had the same pin functionality as USB (Power, Ground, Data+, Data-).
1194.26 (d)	Yes	Where provided, at least one of each type of expansion slots, ports and connectors shall comply with publicly available industry standards.	No	Yes - add language including wireless (IR, Bluetooth, etc.) as a port.	It offers other avenues for AT/IT interaction especially in small form factors.
1194.23 (k) (1)	Yes	Controls and keys shall be tactilely discernible without activating the controls or keys.			We have identified at least 4 levels of information to be perceived about a control or key: 1)That is exists, 2) What its function is, 3) Feedback when the function is performed, and 4) What its status is (only for toggle controls).
1194.23 (k) (2)	Yes	Controls and keys shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls and keys shall be 5 lbs. (22.2 N) maximum.	Yes	change the order of items listed to: "... with one hand and shall not require pinching, twisting of the wrist, or tight grasping".	There has been confusion over whether the adverb "tight" applied to grasping only, or also to pinching and twisting, with the current wording. Also note that most knob-type controls can still be actuated without pinching or twisting, using edge control (eg. push up on the left side of the knob with the outside of your hand to turn up the volume). Sent: Tuesday, March 13, 2007 4:58 PM To: teitac-hardware@list.teitac.org Subject: Re: [teitac-hardware] 1194.23(k)(2) - OOPS <SNIP> However, here is the scoop: The word tight is intended to modify the word grasping, and only that word. The intent is that no pinching be required and that no wrist twisting be required. The word tight does not modify pinching and of course does not modify twisting. David Baquis Accessibility Specialist U.S. Access Board
1194.23 (k) (3)	Yes	If key repeat is supported, the delay before repeat shall be adjustable to at least 2 seconds. Key repeat rate shall be adjustable to 2 seconds per character.
1194.23 (k) (4)	Yes	The status of all locking or toggle controls or keys shall be visually discernible, and discernible either through touch or sound.
1194.21(i)		Color coding shall not be used as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element.			Pulled this one as an example of potential language around color coding (impact to blind & color blind users). This may be a start with some work.
1194.21 (k)		Software shall not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2 Hz and lower than 55 Hz.	YES - to General. Applies to software and hardware and content and ....		Does this apply to LEDs or other light based messaging on in the “corporeal” interaction world?
1194.25 (e)		When products provide auditory output, the audio signal shall be provided at a standard signal level through an industry standard connector that will allow for private listening. The product must provide the ability to interrupt, pause, and restart the audio at anytime.			From self-contained, will we just state that an auditory element is needed or do we define??
1194.25 (j) (1)	Yes	Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following. The position of any operable control shall be determined with respect to a vertical plane, which is 48 inches in length, centered on the operable control, and at the maximum protrusion of the product within the 48 inch length on products which are freestanding, non-portable, and intended to be used in one location and which have operable controls.
1194.25 (j)(2)	Yes	Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following. Where any operable control is 10 inches or less behind the reference plane, the height shall be 54 inches maximum and 15 inches minimum above the floor.
1194.25 (j)(3)	Yes	Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following, Where any operable control is more than 10 inches and not more than 24 inches behind the reference plane, the height shall be 46 inches maximum and 15 inches minimum above the floor.
1194.25 (j)(4)	Yes	Products which are freestanding, non-portable, and intended to be used in one location and which have operable controls shall comply with the following. Operable controls shall not be more than 24 inches behind the reference plane.

New provision	Rationale: What issue does this provision address?
Something dealing with mixed mechanical and touch sensitive controls.	So that mechanical can be found without activating the touch

Need visual and audio identification of keys (Tactile-Braille also good but not sufficient since most people who are blind cannot use bra

Draft Report 2007-03-12

From TEITAC

Contents

Subpart A — General

§1194.1 Purpose

§1194.2 Application

§1194.3 General exceptions

§1194.4 Definitions

ACCESSIBILITY

ASSISTIVE TECHNOLOGY

CAPTIONING

COMPARABLE ACCESS

ELECTRONIC AND INFORMATION TECHNOLOGY

FUNDAMENTAL ALTERATION

IT

TTY

Video Description

Text Conversation

UNDUE BURDEN

Reference in 508 Law:

Reference in 508 Standards

Current Definition

Background/Discussion Points

Suggested Changes

Comments

Remaining Questions

Committee Recommendations

Cost Benefits

Subpart B — Technical Standards

1194.21 Software applications and operating systems.

1194.22 Web-based intranet and internet information and applications.

1194.23 Telecommunications products. Includes Section 255

1194.24 Video and multimedia products.

1194.25 Self contained, closed products.

1194.26 Desktop and portable computers.