DA 04-1595

May 28, 2004

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

This Public Notice is 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] In the case of
persons who are deaf or hard of hearing, emergency information that is
provided in the audio portion of the programming must be provided using
closed captioning or other methods of visual presentation, such as open
captioning, crawls, or scrolls that appear on the screen. 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. This
rule regarding access to emergency information for persons with hearing
disabilities became effective on August 29, 2000.[^2]

The same information must also be provided in a manner that is
accessible to persons who are blind or have low vision. Specifically,
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. This requires the oral description
of emergency information in the main audio, such as open video
description. If the emergency information is being provided in the video
portion of programming that is not a regularly scheduled newscast or a
newscast that interrupts regular programming (e.g., the programmer
provides the emergency information through "crawling" or "scrolling"
during regular programming), this information must be accompanied by an
aural tone. This tone is to alert persons with vision disabilities that
the video programming distributor is providing emergency information,
and alert such persons to 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.[^3]

"Emergency information" is information about a current emergency that is
intended to further the protection of life, health, safety or
property.[^4] 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, 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.[^5] *This list of emergencies
is not intended to be exhaustive*. For example, the Enforcement Bureau
recently clarified that the 2002 Washington D.C. sniper event was an
emergency event during which \"emergency information\" may have been
broadcast.[^6] Our rule may also apply to terrorism related events and
other similar instances.

When "emergency information" is broadcast, the critical details that
must be made available in an accessible form include, for example,
specific details about the geographic areas that are or will be
affected, evacuation orders, detailed descriptions of areas to be
evacuated, specific evacuation routes, approved shelters or ways to take
shelter in one's home, instructions on how to secure personal property,
road closures, and how to obtain relief assistance. 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.

In sum, to the extent that video programming distributors, including
broadcasters, cable operators, and satellite television services, air
information about an emergency, that "emergency information" must be
made accessible according to the Commission's access to emergency
information rule under section 79.2. 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."

Recently, the Commission has received a number of complaints from
individuals asserting that video programming distributors are failing to
make local emergency information accessible to viewers with hearing
disabilities. Some consumers also reported that critical visual
emergency information (e.g., emergency school closing information) was
blocked by other information on the screen. These complaints generally
alleged that contacting programming distributors resulted in little
relief to complainants.

We emphasize that emergency broadcasts lacking visual displays and video
descriptions deny persons with hearing and vision disabilities access to
vital information. To the extent that some video programming
distributors may be unaware of the nature of their obligations under the
Commission\'s emergency information rule, the Commission hereby
reiterates that all distributors of video programming that elect to
provide emergency information about a current emergency must do so in a
format that is accessible to people who are deaf or hard of hearing, or
blind or have low vision.[^7]

The Consumer & Governmental Affairs Bureau will continue to closely
monitor complaints alleging violations of the access to emergency
information rule and will promptly forward appropriate complaints to the
Enforcement Bureau 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: 202-418-0232

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 website, <http://www.fcc.gov/cgb> 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. These documents may be purchased from the
Commission\'s duplicating contractor, Best Copy and Printing, Inc., 445
12th Street, SW, Room CY-B402, Washington, DC, 20554, (202) 863-2893
(voice), (202) 863-2898 (fax), (202) 863-2897 (TTY), or via e-mail
<qualexint@aol.com>.

To request this document 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 202-418-0531 (voice), 202-418-7365 (TTY).

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

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

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.

**-FCC-**

[^1]: *See* 47 C.F.R. § 79.2.

[^2]: *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);
    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).

[^3]: *See* *Amended Emergency Information Rule effective as of February
    1, 2001,* Public Notice, DA 01-799, 16 FCC Rcd 7194 (Mar. 30, 2001).

[^4]: *See* 47 C.F.R. § 79.2.

[^5]: *See* 47 C.F.R. § 79.2.

[^6]: *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.

[^7]: *See* 47 C.F.R. § 79.2.