How Will the FCC Determine Which Actions Are Readily Achievable?
The “readily achievable” standard requires companies to incorporate access features that are easily accomplishable without much difficulty or expense. In determining what is readily achievable, companies must balance the costs and nature of the access required with their available resources. Companies that have great resources will need to do more to achieve access than companies with smaller budgets. The FCC will make readily achievable determinations on a case-by-case basis. A company may not need to provide access when the access feature would so fundamentally alter the product that it would substantially reduce the functionality of the product, make some features unusable, substantially impede or deter use of the product by other individuals, or substantially and materially alter the shape, size, or weight of the product. Similarly, a company is not obligated to incorporate an access feature that is not technically possible. Companies wishing to use these defenses, however, must pr
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