§  79.106   Audio description and emergency information accessibility
requirements for recording devices.

   (a) Effective May 26, 2015, all apparatus that is designed to record
   video programming transmitted simultaneously with sound that is
   provided by entities subject to § § 79.2 and 79.3 and is manufactured in
   the United States or imported for use in the United States, must comply
   with the provisions of this section except that apparatus must only do
   so if it is achievable as defined in § 79.105(b)(3).

   Note 1 to paragraph (a): Apparatus includes the physical device and the
   video player(s) capable of displaying video programming transmitted
   simultaneously with sound that manufacturers install into the devices
   they manufacture before sale, whether in the form of hardware,
   software, or a combination of both, as well as any video players
   capable of displaying video programming transmitted simultaneously with
   sound that manufacturers direct consumers to install after sale.

   Note 2 to paragraph (a): This paragraph places no restrictions on the
   importing, shipping, or sale of apparatus that were manufactured before
   May 26, 2015.

   (b) All apparatus subject to this section must enable the presentation
   or the pass through of the secondary audio stream, which will
   facilitate the provision of audio description signals and emergency
   information (as that term is defined in § 79.2) such that viewers are
   able to activate and de-activate the audio description as the video
   programming is played back on a picture screen of any size.

   (c) All apparatus subject to this section must comply with the
   interconnection mechanism requirements in § 79.105(c).

   [ 78 FR 31798 , May 24, 2013, as amended at  85 FR 76486 , Nov. 30, 2020]