**DA 06-1483**

**Released: July 20, 2006**

**REMINDER TO VIDEO PROGRAMMING DISTRIBUTORS OF OBLIGATION TO MAKE
EMERGENCY INFORMATION ACCESSIBLE TO PERSONS WITH HEARING OR VISION
DISABILITIES**

The Commission issues this Public Notice to remind video programming
distributors -- including broadcasters, cable operators, and satellite
television services -- of their obligation to make emergency information
accessible to persons with hearing and vision disabilities.[^1] This
Public Notice also provides information for consumers regarding the
process for filing complaints alleging violations of this requirement.

**Obligation to Make Emergency Information Accessible**

In the case of persons who are deaf or hard of hearing, Commission rules
require that emergency information provided in the audio portion of the
programming must be made accessible using closed captioning *or* other
methods of visual presentation, such as open captioning, crawls, or
scrolls that appear on the screen.[^2] Emergency information provided by
these means should not block any closed captioning, and, closed
captioning should not block any emergency information provided by
crawls, scrolls, or other visual means.[^3] This rule regarding access
to emergency information for persons with hearing disabilities became
effective on August 29, 2000.[^4]

This same information must also be provided in a manner that is
accessible to persons who are blind or have low vision. First, emergency
information that is provided in the video portion of a regularly
scheduled newscast or a newscast that interrupts regular programming
must be made accessible.[^5] The Commission envisions that distributors
will aurally describe the emergency information in the main audio as
part of their ordinary operations; this is similar to providing "open"
video description.[^6] Second, if the emergency information is being
provided in the video portion of programming that is *not* a regularly
scheduled newscast (*e.g*., the programmer provides the emergency
information through "crawling" or "scrolling" during regular
programming) or a newscast that interrupts regular programming, the
information must be accompanied by an aural tone.[^7] This tone is
intended to alert persons with vision disabilities that the video
programming distributor is providing emergency information, and
therefore such persons should tune to another source, such as a radio,
for more information. This rule regarding access to emergency
information for persons with vision disabilities became effective
February 2, 2001.[^8]

A local broadcast licensee is responsible for complying with Section
79.2 regardless of the delivery technology used to deliver its signals
to consumers. The "pass through" obligation generally imposed on video
programming distributors under the closed captioning rules set forth in
Section 79.1[^9] also applies to emergency information subject to
Section 79.2. All video programming distributors are required to pass
through any captions that they receive from the originating source and
are responsible for maintaining their equipment in working order to
ensure the accurate transmission of the closed captions.[^10] This
requirement applies to closed captioning for digital and analog
programming.

**Emergencies and Emergency Information**

Examples of the types of emergencies about which "emergency information"
may be broadcast include tornadoes, hurricanes, floods, tidal waves,
earthquakes, icing conditions, heavy snows, widespread fires,
terrorism-related events, discharge of toxic gases, widespread power
failures, industrial explosions, civil disorders, school closings and
changes in school bus schedules resulting from such conditions, and
warnings and watches of impending changes in weather.[^11] *The list of
emergencies is not intended to be exhaustive*. For example, the 2002
sniper situation in the Washington, DC area was an emergency event
during which "emergency information" may have been broadcast.[^12]

The question of whether a particular incident or event is an "emergency"
under this rule is not the same as whether particular information
broadcast about the event is "emergency information." "Emergency
information" is information about a current emergency that is intended
to further the protection of life, health, safety, or property, *i.e*.,
critical details regarding the emergency and how to respond to the
emergency.[^13]

This may include, for example, information on road closures and
evacuations, location of emergency shelters, and advisories to viewers
on possible health concerns from air pollution caused by wildfires.[^14]

The rule applies to emergency information that is primarily intended for
distribution to an audience in the geographic area in which the
emergency is occurring. However we note that there are times when the
airing of emergency information pertaining to a matter of national
importance will also be of local concern, and therefore should be made
accessible. For example, this could include providing information to
non-impacted areas sheltering individuals displaced by a large-scale
disaster.

In sum, to the extent that video programming distributors -- including
broadcasters, cable operators, and satellite television services -- air
"emergency information," that "emergency information" must be made
accessible according to the Commission's access to emergency information
rule (Section 79.2). Unlike the requirement that most video programming
be closed captioned pursuant to Section 79.1 of the Commission's
rules,[^15] *there are no exemptions for complying with Section 79.2
(the access to emergency information rule).*[^16]

**Impact of 100% Closed Captioning Benchmark on Provision of Section
79.2 Information**

Given the transition to 100% closed captioning, which occurred on
January 1, 2006,[^17] television stations that are not permitted by
Commission rules to count captions created using the electronic newsroom
technique (ENT)[^18] are now required to close caption all new
non-exempt programming, including breaking news and emergency alerts. In
other words, for these non-ENT stations, critical details of emergency
information *must be closed captioned*.[^19]

Entities that are permitted to and are using captions created using ENT
for their live programming for determining compliance with Section
79.1[^20] are reminded that if the ENT method does not automatically
caption non-scripted news, the provider must either caption or make the
emergency information accessible by some form of visual presentation as
required by Section 79.2 (*e.g.,* scrolls or crawls).[^21] Lastly, a
distributor in a market that is permitted to use ENT, but does not use
ENT for its live programming, must caption its emergency information.
Providing emergency information in a format permissible under Section
79.2 is not sufficient in this case; rather, closed captioning is
required pursuant to Section 79.1.

**Consumer Complaints and Enforcement**

The Commission continues to receive complaints from individuals alleging
violations of Section 79.2. The number of these complaints typically
increases significantly following a major event of an emergency nature,
especially weather-related emergencies. Some consumers also report that
visual emergency information (*e.g*., emergency school closing
information) was blocked by other information on the screen. The
Commission has taken several enforcement actions related to violations
of this rule.[^22]

Broadcasts of emergency information lacking visual displays and video
descriptions deny persons with hearing and vision disabilities access to
vital, potentially life-saving, information. All distributors of video
programming that elect to provide emergency information about a current
emergency must make that information accessible to persons who are deaf
or hard of hearing, or blind or have low vision, in accordance with 47
C.F.R. § 79.2.

The Commission will continue to closely monitor complaints alleging
violations of the access to emergency information rule, and will review
for possible enforcement action.

If you have a complaint, you can first contact the video programming
distributor, although you are not required to do so. You can also
complain directly to the FCC. Your complaint should include:

-   The name of the video programming distributor (*e.g.* broadcast
    station, cable company, or DBS provider) against whom the complaint
    is alleged;

-   The date and time of the omission of emergency information; and

-   The type of emergency.

You may contact the FCC by letter, facsimile transmission, telephone
(voice/TRS/TTY), Internet e-mail, audio-cassette recording, Braille, or
any other method that would best accommodate your disability. Send your
complaint to:

Federal Communications Commission\
Consumer & Governmental Affairs Bureau\
445 12th Street, SW\
Washington, DC 20554\
Phone: 1-888-225-5322 (voice); 1-888-835-5322 (TTY)\
E-mail**:** <fccinfo@fcc.gov>\
Internet:
[www.fcc.gov/cgb/complaints.html](http://www.fcc.gov/cgb/complaints.html)\
Fax: 866-418-0232

Attached is the text of the rule itself, 47 C.F.R. § 79.2. This rule and
related Factsheets summarizing the closed captioning and access to
emergency information rules are also available at the FCC Consumer &
Governmental Affairs Bureau\'s websites, <http://www.fcc.gov/cgb>,
<http://www.fcc.gov/cgb/consumerfacts/closedcaption.html>,

and
[[http://www.fcc.gov/cgb/consumerfacts/emergencyvideo.html]{.underline}](http://www.fcc.gov/cgb/consumerfacts/emergencyvideo.html).

The full texts of these documents are available for public inspection
and copying during regular business hours at the FCC Reference
Information Center, Portals II, 445 12th Street, SW, Room CY-A257,
Washington, DC, 20554. Copies may be purchased by contacting the FCC's
duplicating contractor, Best Copy and Printing, Inc., Portals II, 445
12th Street, SW, Room CY-B402, Washington D.C. 20554, telephone
1-800-378-3160, facsimile 202-488-5563, or via e-mail
[www.bcpiweb.com](http://www.bcpiweb.com/).

To request this *Public Notice* or the rule in accessible formats for
people with disabilities (Braille, large print, electronic files, audio
format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Consumer & Governmental Affairs Bureau Contact: Traci Randolph, (202)
418-0569 (voice);

\(202\) 418-0537 (TTY); e-mail <traci.randolph@fcc.gov>.

**- FCC -**

**ATTACHMENT**

47 C.F.R. § 79.2

§ 79.2 Accessibility of programming providing emergency information.

\(a\) Definitions.

\(1\) For purposes of this section, the definitions in Sections 79.1 and
79.3 apply.

\(2\) Emergency information. Information, 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. Examples of the types of emergencies covered
include tornadoes, hurricanes, floods, tidal waves, earthquakes, icing
conditions, heavy snows, widespread fires, discharge of toxic gases,
widespread power failures, industrial explosions, civil disorders,
school closings and changes in school bus schedules resulting from such
conditions, and warnings and watches of impending changes in weather.

Note to paragraph (a)(2): Critical details include, but are not limited
to, specific details regarding the areas that will be affected by the
emergency, evacuation orders, detailed descriptions of areas to be
evacuated, specific evacuation routes, approved shelters or the way to
take shelter in one\'s home, instructions on how to secure personal
property, road closures, and how to obtain relief assistance.

\(b\) Requirements for Accessibility of Programming Providing Emergency
Information.

\(1\) Video programming distributors must make emergency information, as
defined in paragraph (a) of this section, accessible as follows:

\(i\) Emergency information that is provided in the audio portion of the
programming must be made accessible to persons with hearing disabilities
by using a method of closed captioning or by using a method of visual
presentation, as described in Section 79.1 of this part.

\(ii\) Emergency information that is provided in the video portion of a
regularly scheduled newscast, or newscast that interrupts regular
programming, must be made accessible to persons with visual
disabilities; and

\(iii\) Emergency Information that is provided in the video portion of
programming that is not a regularly scheduled newscast, or a newscast
that interrupts regular programming, must be accompanied with an aural
tone.

\(2\) This rule applies to emergency information primarily intended for
distribution to an audience in the geographic area in which the
emergency is occurring.

\(3\) Video programming distributors must ensure that:

\(i\) Emergency information should not block any closed captioning and
any closed captioning should not block any emergency information
provided by means other than closed captioning; and

\(ii\) Emergency information should not block any video description and
any video description provided should not block any emergency
information provided by means other than video description.

\(c\) Complaint Procedures.

A complaint alleging a violation of this section may be transmitted to
the Commission by any reasonable means, such as letter, facsimile
transmission, telephone (voice/TRS/TTY), Internet e-mail, audio-cassette
recording, and Braille, or some other method that would best accommodate
the complainant\'s disability. The complaint should include the name of
the video programming distributor against whom the complaint is alleged,
the date and time of the omission of emergency information, and the type
of emergency. The Commission will notify the video programming
distributor of the complaint, and the distributor will reply to the
complaint within 30 days.

[^1]: *See* 47 C.F.R. § 79.2 (titled "Accessibility of programming
    providing emergency information"). Because of the importance of this
    issue, we have issued several similar Public Notices in the past.
    *See* Public Notice, DA 01-1930, 16 FCC Rcd. 15348 (Aug. 13, 2001);
    Public Notice, DA 02-1852, 17 FCC Rcd. 14614 (July 31, 2002); Public
    Notice, DA 03-2361, 18 FCC Rcd. 14670 (July 18, 2003); Public
    Notice, DA 04-1595, 19 FCC Rcd. 9882 (May 24, 2004); Public Notice,
    DA 05-688, 20 FCC Rcd. 5918 (Mar. 17, 2005). *See also* *Reminder to
    Video Programming Distributors of Need to Make Emergency Information
    Regarding Hurricane Katrina Evacuation and Relief Efforts Accessible
    to Persons with Hearing or Vision Disabilities,* Public Notice, DA
    05-2438, 2005 WL 2206068 (Sept. 9, 2005).

[^2]: *See* 47 C.F.R. § 79.2(b)(1)(i).

[^3]: *See* 47 C.F.R. § 79.2(b)(3)(i).

[^4]: *See Closed Captioning and Video Description of Video Programming,
    Implementation of Section 305 of the Telecommunications Act of 1996,
    Accessibility of Emergency Programming*, Second Report and Order, MM
    Docket No. 95-176, FCC 00-136, 15 FCC Rcd 6615 (April 14, 2000)
    (*2000 Order*); s*ee also Accessibility of Emergency Programming
    Rule Requiring OMB Approval Effective as of August 29, 2000*, Public
    Notice, DA 00-1996, 15 FCC Rcd 15968 (Aug. 31, 2000).

[^5]: *See* 47 C.F.R. § 79.2(b)(1)(ii).

[^6]: *See Implementation of Video Description of Video Programming*,
    Report and Order, MM Docket No. 99-339, FCC 00-258, 15 FCC Rcd.
    15230 at para. 49 (Aug. 7, 2000).

[^7]: *See* 47 C.F.R. § 79.2(b)(1)(iii).

[^8]: *See* *Amended Emergency Information Rule effective as of February
    1, 2001,* Public Notice, DA 01-799, 16 FCC Rcd 7194 (Mar. 30, 2001).

[^9]: *See* 47 C.F.R. § 79.1(c).

[^10]: *See 2000 Order*, 15 FCC Rcd at 6622, n.48; s*ee also Closed
    Captioning and Video Description of Video Programming*, Report and
    Order, MM Docket No. 95-176, FCC 97-279, 13 FCC Rcd. 3272 at paras.
    211-212 (Aug. 22, 1997).

[^11]: *See* 47 C.F.R. § 79.2 (a)(2) (setting forth examples of types of
    emergencies).

[^12]: *See* Letter from Colleen Heitkamp, FCC to Fred Ryan, WJLA-TV,
    dated April 22, 2004; Letter from Colleen Heitkamp, FCC to David
    Fleming, Gannett/WUSA-TV, dated April 22, 2004; Letter from Colleen
    Heitkamp, FCC to Molly Pauker, Fox Television Stations, Inc., dated
    April 22, 2004; Letter from Colleen Heitkamp, FCC to F. William
    LeBeau, WRC-TV, dated April 22, 2004.

[^13]: *See* 47 C.F.R. § 79.2(a)(2); *see also* Note to § 79.2(a)(2):
    "Critical details include, but are not limited to, specific details
    regarding the areas that will be affected by the emergency,
    evacuation orders, detailed descriptions of areas to be evacuated,
    specific evacuation routes, approved shelters or the way to take
    shelter in one's home, instructions on how to secure personal
    property, road closures, and how to obtain relief assistance."

[^14]: *See, e.g.,* Channel 51 of San Diego, Inc., Licensee of KUSI-TV,
    San Diego, CA, *Notice of Apparent Liability of Forfeiture*, DA
    05-456 (Enforcement Bureau, rel. Feb. 23, 2005); McGraw-Hill
    Broadcasting Company, Inc., Licensee of KGTV, San Diego, CA, *Notice
    of Apparent Liability of Forfeiture*, DA 05-457 (Enforcement Bureau,
    rel. Feb. 23, 2005); Midwest Television, Inc., Licensee of KFMB-TV,
    San Diego, CA, *Notice of Apparent Liability of Forfeiture*, DA
    05-455 (Enforcement Bureau, rel. Feb. 23, 2005).

[^15]: *See* 47 C.F.R. § 79.1.

[^16]: *See 2000 Order,* 15 FCC Rcd at 6622-6623, para. 12.

[^17]: *See* 47 C.F.R. § 79.1(b)(iv).

[^18]: *See* 47 C.F.R. § 79.1(e)(3). The relevant text of that
    subsection reads: "Live programming or repeats of programming
    originally transmitted live that are captioned using the so-called
    'electronic newsroom technique' will be considered captioned, except
    that effective January 1, 2000, and thereafter, the major national
    broadcast television networks (i.e., ABC, CBS, Fox and NBC),
    affiliates of these networks in the top 25 television markets as
    defined by Nielsen\'s Designated Market Areas (DMAs) and national
    nonbroadcast networks serving at least 50% of all homes subscribing
    to multichannel video programming services shall not count
    electronic newsroom captioned programming towards compliance with
    these rules."

[^19]: The Commission's rules permit the use of "\[o\]pen captioning or
    subtitles in the language of the target audience" in lieu of closed
    captioning. 47 C.F.R. § 79.1(e)(2).

[^20]: *See* 47 C.F.R. § 79.1(e)(3).

[^21]: *See* *2000 Order,* 15 FCC Rcd at 6623-24, para. 16.

[^22]: *See, e.g.,* Channel 51 of San Diego, Inc., Licensee of KUSI-TV,
    San Diego, CA, *Notice of Apparent Liability of Forfeiture*, DA
    05-456 (Enforcement Bureau, rel. Feb. 23, 2005); McGraw-Hill
    Broadcasting Company, Inc., Licensee of KGTV, San Diego, CA, *Notice
    of Apparent Liability of Forfeiture*, DA 05-457 (Enforcement Bureau,
    rel. Feb. 23, 2005); Midwest Television, Inc., Licensee of KFMB-TV,
    San Diego, CA, *Notice of Apparent Liability of Forfeiture*, DA
    05-455 (Enforcement Bureau, rel. Feb. 23, 2005).