**DA 06-2627**

**Released: December 29, 2006**

**OBLIGATION OF VIDEO PROGRAMMING DISTRIBUTORS TO MAKE EMERGENCY
INFORMATION ACCESSIBLE TO PERSONS WITH HEARING DISABILITIES USING CLOSED
CAPTIONING**

This Public Notice responds to questions concerning the scope and
meaning of the August 7, 2006, Public Notice addressing the captioning
of emergency information.[^1] The August Public Notice served as a
reminder that, given the transition to 100% closed captioning under
Section 79.1,[^2] which occurred on January 1, 2006, distributors that
are *not* permitted by Commission rules to count captions created using
the electronic newsroom technique (ENT) are now required to close
caption all new non-exempt programming, including breaking news and
emergency alerts.[^3] 

We provide, for purposes of illustration, some examples of the types of
steps that video programming distributors may take to help obtain closed
captioning resources quickly:

\(1\) Enter into arrangements or contracts with services that are
capable of generating closed captions on very short notice to ensure the
prompt availability of these services in the event of an emergency;

\(2\) Establish internal policies that add the requirement to
immediately contact the above closed captioning services to the
station's check list of top priorities for exhibiting emergency
information;

(3)     Maintain visible postings on television sets in the newsroom to
remind employees or other designated staff who are responsible for
initiating action for the production of emergency programming to contact
the designated closed captioning service immediately at the onset of an
emergency and include the telephone number for the captioning service on
such postings;

(4)     Maintain a labeled speed-dial button on telephones in the
newsroom with a direct connection to the captioning service;

(5)     Distribute an emergency visual presentation policy to all
employees on a regular basis;

(6)     Train employees regarding visual presentation policies.

We recognize that emergency information is the type of information that
is typically not available in advance and available only on short
notice, as contemplated by our rules.  The Commission has recognized
that "there may be times when it will be difficult for a video
programming \[distributor\] to present 100% of its new nonexempt
programming with captions," including situations involving "the
inability to obtain captioning resources on short notice."[^4] 

To address such circumstances, Section 79.1(e)(10) of the closed
captioning rules provides that "\[i\]n evaluating whether a video
programming \[distributor\] has complied with the requirement that all
new non-exempt video programming must include closed captioning, the
Commission will consider a showing that any lack of captioning was de
minimis and reasonable under the circumstances."[^5] Therefore, to the
extent a distributor may be unable to initially caption emergency
information, the distributor could assert that the lack of required
captioning was de minimis (insignificant, in this context, in terms of
the amount of uncaptioned broadcast time) and reasonable under the
circumstances. To be considered reasonable, a distributor subject to
this closed captioning requirement under Section 79.1 must make its best
efforts to ensure that coverage of an emergency is captioned as soon as
possible. This can be achieved by making arrangements in advance for the
provision of closed captioning on short notice and by contacting the
captioning service promptly before, or contemporaneously with, the
airing of emergency information, as that term is defined in Section
79.2.[^6] We also recognize that the determination of whether a
distributor's efforts were reasonable may be affected by the nature and
magnitude of the emergency situation. For example, to the extent a
weather emergency makes it more difficult for video programming
distributors to secure live captioning resources, a longer period of
time without captioning may be reasonable. For instance, a weather
emergency may bring down telephone lines that are used to deliver remote
closed captioning. Under this circumstance, a longer period of time
without captioning may be considered reasonable.

Nevertheless, we emphasize that, when closed captioning services are not
provided, Section 79.2 requires all distributors to make emergency
information accessible by some other visual presentation method, in a
manner that ensures the same access to emergency information for persons
with hearing disabilities as for any other viewer.[^7]  For example,
under Section 79.2, when a distributor does not use closed captioning,
it can make the emergency information provided in the audio portion of
the video programming accessible using open captioning, crawls, scrolls
that appear on the screen, already prepared signs, charts, or even
handwritten information on a whiteboard.[^8]  Visually accessible
information is critically important so that viewers who are deaf or hard
of hearing can be informed about, and know how to respond to, an
emergency both for themselves, as well as to assist in protecting the
life, health, safety and property of family members, work associates and
others with whom they are in contact.  There are no exemptions from
complying with this rule.[^9] 

The closed captioning and access to emergency information rules, and
related Factsheets summarizing these rules, are 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 text of this document is 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
persons 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).

For further information, please contact: Thomas E. Chandler, Chief,
Disability Rights Office, Consumer & Governmental Affairs Bureau, (202)
418-1475 (voice), (202) 418-0597 (TTY), e-mail thomas.chandler@fcc.gov.

**- FCC -**

[^1]: *See* *Clarification of Obligation of Video Programming
    Distributors to Make Emergency Information Accessible to Persons
    with Hearing Disabilities Using Closed Captioning,* Public Notice,
    DA 06-1600 (Aug. 7, 2006) (*2006 79.2 Clarification PN*); *see also
    Reminder to Video Programming Distributors of* *Obligation to Make
    Emergency Information Accessible to Persons with Hearing or Vision
    Disabilities,* Public Notice, DA 06-1483 (July 20, 2006) (*2006 79.2
    Reminder PN*); National Association of the Deaf (NAD) *et al.,
    Application for Review of Clarification of Obligation of Video
    Programming Distributors to Make Emergency Information Accessible to
    Persons with Hearing Disabilities Using Closed Captioning*, CG
    Docket No. 05-231 (Aug. 14, 2006) .

[^2]: *See* 47 C.F.R. § 79.1(b)(1)(iv) (requiring that all "new"
    non-exempt programming to be closed captioned).

[^3]: *See* *2006 79.2 Reminder PN* at 3-4 (these television stations
    are those that are not permitted by Commission rules to count
    captions created using the electronic newsroom technique (ENT) in
    meeting their closed captioning obligations).

[^4]: *Closed Captioning and Video Description of Video Programming*, MM
    Docket No. 95-176**,** Order on Reconsideration, 13 FCC Rcd 19973,
    19979, at para. 10 (Oct. 2, 1998).

[^5]: *See* 47 C.F.R. § 79.1(e)(10).

[^6]: *See* 47 C.F.R. § 79.2 (titled "Accessibility of programming
    providing emergency information").

[^7]: *See* 47 C.F.R. § 79.2(b)(1)(i). *See also* 47 C.F.R. §
    79.2(b)(3)(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").

[^8]: *Id.*

[^9]: *See 2000 Order,* 15 FCC Rcd at 6622-6623, para. 12. *See also*
    NBC Telemundo License Co., Licensee of WRC-TV Washington D.C., File
    No. EB-04-TC-101, Order/Consent Decree, DA 06-358 (Feb. 22, 2006);
    Waterman Broadcasting Corp. of Florida, Inc., Licensee of WBBH-TV
    Fort Myers-Naples, FL, File. No. EB-04-TC-145, Notice of Apparent
    Liability for Forfeiture, and Montclair Communications, Inc.,
    Licensee of WZVN-TV Fort Myers-Naples, FL, File. No. EB-04-TC-150,
    Notice of Apparent Liability for Forfeiture, DA 05-2258 (Aug. 9,
    2005); Fox Television Stations, Inc., Licensee of WTTG-TV Washington
    D.C., File. No. EB-04-TC-104, Notice of Apparent Liability for
    Forfeiture, DA 05-1513 (May 25, 2005); NBC Telemundo License Co.,
    Licensee of WRC-TV Washington D.C., File No. EB-04-TC-101, Notice of
    Apparent Liability for Forfeiture, DA 05-1512 (May 25, 2005).