Page:United States Statutes at Large Volume 124.djvu/2783

 124 STAT. 2757 PUBLIC LAW 111–260—OCT. 8, 2010 ‘‘(C) determine the obligations under this section of manufacturers, service providers, and providers of applica- tions or services accessed over service provider networks; and ‘‘(D) not mandate technical standards, except that the Commission may adopt technical standards as a safe harbor for such compliance if necessary to facilities the manufac- turers’ and service providers’ compliance with sections (a) through (c). ‘‘(2) PROSPECTIVE GUIDELINES.—The Commission shall issue prospective guidelines for a manufacturer or provider regarding the requirements of this section. ‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO SECTION 255.—The requirements of this section shall not apply to any equipment or services, including interconnected VoIP service, that are subject to the requirements of section 255 on the day before the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010. Such services and equipment shall remain subject to the requirements of section 255. ‘‘(g) ACHIEVABLE DEFINED.—For purposes of this section and section 718, the term ‘achievable’ means with reasonable effort or expense, as determined by the Commission. In determining whether the requirements of a provision are achievable, the Commission shall consider the following factors: ‘‘(1) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equip- ment or service in question. ‘‘(2) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications tech- nologies. ‘‘(3) The type of operations of the manufacturer or provider. ‘‘(4) The extent to which the service provider or manufac- turer in question offers accessible services or equipment con- taining varying degrees of functionality and features, and offered at differing price points. ‘‘(h) COMMISSION FLEXIBILITY.— ‘‘(1) WAIVER.—The Commission shall have the authority, on its own motion or in response to a petition by a manufacturer or provider of advanced communications services or any interested party, to waive the requirements of this section for any feature or function of equipment used to provide or access advanced communications services, or for any class of such equipment, for any provider of advanced communications services, or for any class of such services, that— ‘‘(A) is capable of accessing an advanced communica- tions service; and ‘‘(B) is designed for multiple purposes, but is designed primarily for purposes other than using advanced commu- nications services. ‘‘(2) SMALL ENTITY EXEMPTION.—The Commission may exempt small entities from the requirements of this section. ‘‘(i) CUSTOMIZED EQUIPMENT OR SERVICES.—The provisions of this section shall not apply to customized equipment or services that are not offered directly to the public, or to such classes of Determination.