Accessible Emergency Information (TV Crawls) Updated May 2015 On April 9, 2013, the Federal Communications Commission (FCC) released a decision (the Order) implementing the provisions of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). The CVAA focused on improving systems so that persons with disabilities could have access to modern communication services. This memo summarizes the section of the Order requiring that crawled emergency information be accessible for the blind and visually impaired. Background Television crawls are the scrolls that appear at the top or bottom of the television screen providing pertinent information. Often times, the scrolls are used to provide information about severe weather. Crawls, however, do not readily provide an opportunity for blind or visually impaired individuals to access the scrolling information. Therefore, the Order requires that the blind and visually impaired have access to the information crawling across the screen. A. Affected Entities and Their Responsibilities These new rules apply to television broadcasters, multichannel video programming distributors and other video programming distributors that deliver video programming directly to the home (collectively referred to as broadcasters ). Compliance Deadlines: November 30, 2015 is the deadline by which the new emergency information rules will take effect. During this period the FCC expects broadcasters to take the necessary steps towards compliance. This includes becoming capable of transmitting a secondary audio stream. B. Accessible Emergency Information Requirements Emergency Information Provided Visually During Non-Newscast Programming During non-newscast programming, the Order requires that television broadcasters make the information provided in emergency crawls accessible to individuals who are blind or visually
impaired, by aurally describing the information on a secondary audio stream. The FCC will continue to require use of three aural tones as an alerting mechanism on the main program audio, and will now also require use of the aural tones to precede emergency information on the secondary audio stream. At this time, the FCC does not require broadcasters to provide an audio stream that is exclusively for aurally accessible emergency information. The FCC also does not require broadcasters to adopt a specific method, such as text-to-speech (TTS), for providing an aural rendition of textual emergency information on the secondary audio stream. Qualitative Standards for TTS The Order, however, does provide qualitative standards for TTS for broadcasters that choose to use TTS. Specifically, the FCC expects the aural version of the textual emergency information provided through TTS to be as effectively communicated to consumers who are blind or visually impaired as the textual content is conveyed to people who are able to see, and [the FCC] will entertain consumer complaints about the quality of TTS. A broadcaster s de minimis failure to comply with the quality standards will not be treated as a violation of the regulations. No Technical Capability Exception The FCC did not adopt a technical capability exception for broadcasters. Those broadcasters with specialized circumstances will need to submit a waiver through the FCC s usual waiver process to address those situations. Emergency Information Content The emergency information provided aurally must accurately and effectively communicate to consumers who are blind or visually impaired the critical details about a current emergency and how to respond, as set forth in Section 79.2(a) of the FCC rules. Requirements: Broadcasters must utilize a secondary audio stream to convey televised emergency information aurally, when such information is conveyed visually (e.g., in an on-screen crawl) during programming other than a newscast or an Emergency Alert System activation. The FCC does not require that the aural information be a verbatim translation of the information scrawled on the screen. Broadcasters must include visual but non-textual emergency information (e.g., maps or other graphic displays) shown during non-newscast programming in the crawl. The FCC has delayed this requirement by 18 months until November 2016.
The description must accurately and effectively convey the critical details regarding the emergency and how to respond to the emergency. Emergency information provided aurally on the second audio stream must be conveyed at least twice in full. Mobile: The above requirements apply to mobile digital television (mobile DTV). To the extent that broadcasters find it preferable to use a method other than a secondary audio stream to provide emergency information via mobile DTV, the FCC will consider waiver requests if supported by both broadcasters and manufacturers. Priority of Emergency Information This Order makes clear that emergency information supersedes all other content on the secondary audio stream (e.g., video description or secondary language programming) and eliminates the proscription in the FCC s rules against emergency information blocking video description. Customer Support Currently, there is no requirement to provide designated customer support services to assist the blind or visually impaired consumers with accessing emergency information on the secondary audio stream. The FCC will address this matter further, as discussed in Section F below. Emergency Information Defined Section 79.2(a)(2) of the Commission s rules defines emergency information as [i]nformation, about a current emergency, that is intended to further the protection of life, health, safety, and property, i.e., critical details regarding the emergency and how to respond to the emergency. While the Order does not specifically add severe thunderstorms to the list of examples in Section 79.2, it interprets the current definition to include severe thunderstorms and other severe weather events. Finally, the FCC delayed the requirement that school closing announcements and school bus schedule changes be included for audible accessible emergency information while it reconsiders the issue as part of the May 21, 2015 Second Further Notice of Proposed Rulemaking (Second Further Notice). The Second Further Notice seeks comment on prioritization of emergency information on the secondary audio channel when there is more than one on-screen announcement. The FCC also asks for comment on whether school information should be included.
C. Responsibilities The Order modifies the emergency information rules to include video programming providers (VPPs which include program owners) as parties responsible for making emergency information available to individuals who are blind or visually impaired, in addition to alreadycovered VPDs (video programming distributors). VPPs and VPDs: Among VPPs and VPDs, the entity that creates the visual emergency information content and adds it to the programming stream is responsible for providing an aural representation of the information on a secondary audio stream, with an aural tone. VPDs are responsible for ensuring that the aural representation of the emergency information, including the accompanying aural tone, gets passed through to consumers. Both VPDs and VPPs are responsible for ensuring that emergency information supersedes any other programming on a secondary audio channel, with each entity responsible for its own actions or omissions. D. Complaint Procedures The Order modifies the complaint procedures for emergency information contained in Section 79.2(c) to include VPPs; to indicate that complaints should be transmitted to the FCC s Consumer and Governmental Affairs Bureau; and to add the FCC s online informal complaint filing system as a method of transmitting a complaint to the FCC. The FCC will notify the VPD or VPP of any complaint, and the VPD or VPP must reply within 30 days. E. Apparatus Requirements Please note that there are apparatus requirements with their own compliance dates. F. First Request for Further Comment The FCC sought comment on (1) whether the visually impaired tag should be mandated for video description streams, and (2) whether the FCC should require broadcasters (and cable and satellite operators) to provide dedicated support services to assist blind or visually impaired customers with accessing the secondary audio stream, as well as contact information for the receipt and handling of immediate emergency information video description complaints or concerns. The FCC has yet to act on these issues.
NAB s Counsel Memos are intended to serve as a source of general information on legal issues of interest to the broadcast industry. Broadcasters seeking information on how the principles discussed in a Counsel Memo apply to their specific circumstances should seek the advice of their own attorney.