**DA 05-688**

**Released: March 17, 2005**

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

In light of recent enforcement actions by the FCC for apparent
violations of the Commission's access to emergency information rule[^1],
the Commission issues this Public Notice to again 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.[^2]

In the case of persons who are deaf or hard of hearing, our rules
require that emergency information that is 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.[^3] 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. [^4] This rule regarding access
to emergency information for persons with hearing disabilities became
effective on August 29, 2000.[^5]

Our rules also require that the 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.[^6] 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.[^7] Second, 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), the information must be accompanied by an aural tone.[^8]
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.[^9]

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.[^10] *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. [^11] Our rule may also apply to terrorism related
events and other similar instances.

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.[^12] 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 in the local areas affected.

A local broadcast licensee is responsible for complying with Section
79.2 regardless of the delivery technology used to deliver its signals
to consumers (*e.g*., cable or direct broadcast satellite services).

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). We emphasize that emergency information does not
have to be closed captioned, but may be made accessible via other visual
means (*e.g*., scrolls, crawls, etc.).

We also note that the "pass through" obligation generally imposed on
video programming distributors under the closed captioning rules set
forth in Section 79.1[^13] also applies to emergency information subject
to Section 79.2. Therefore, given that broadcasters may sometimes
provide emergency information by way of closed captioning (as opposed to
scrolls or crawls), we remind all video programming distributors
(*e.g*., cable and satellite) of their obligation to pass through any
captions that they receive from the originating source and their
responsibility to maintain their equipment in working order to ensure
the accurate transmission of the closed captions.[^14] In addition,
those entities that are permitted to count captions created using the
electronic newsroom technique for determining compliance with the closed
captioning rules set forth in Section 79.1 of our rules [^15] are
reminded that if the electronic newsroom technique does not
automatically caption non-scripted breaking news, the provider must make
the emergency information accessible via other means (*e.g.* scrolls or
crawls).[^16]

The Commission continues to receive complaints from individuals alleging
violations of Section 79.2 of our rules. 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.

On February 23, 2005, the FCC's Enforcement Bureau released Notices of
Apparent Liability for Forfeiture (NAL) regarding three video
programming distributors in the San Diego, CA, area.[^17] These NALs
cite numerous apparent violations of the FCC's Section 79.2 rule in
which information broadcast in October, 2003, about wildfires throughout
southern California was not made accessible via closed captioning or
other visual presentation in timely fashions. Examples of information
about this emergency situation that were not made accessible include
information on road closures and evacuations, location of emergency
shelters, and advisories to viewers on possible health concerns from air
pollution caused by the wildfires.[^18]

We emphasize that broadcasts of emergency information 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 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 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. Copies may be purchased by contacting the FCC's
duplicating contractor, Best Copy and Printing, Inc., Portals II, 445
12th Street, S.W., 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* 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).

[^2]: *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).

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

[^4]: *See* 47 C.F.R. § 79.2(b)(3)(i).

[^5]: *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).

[^6]: *See* 47 C.F.R. § 79.2(b)(1)(ii).

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

[^8]: *See* 47 C.F.R. § 79.2(b)(1)(iii).

[^9]: *See* *Amended Emergency Information Rule effective as of February
    1, 2001,* Public Notice, DA 01-799, 16 FCC Rcd 7194 (Mar. 30, 2001).

[^10]: *See* 47 C.F.R. § 79.2 (a)(2) (setting forth examples of types of
    emergencies).

[^11]: *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.

[^12]: *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."

[^13]: *See* 47 C.F.R. § 79.1(c).

[^14]: *See 2000 Order*, at 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 ¶ 211-212 (Aug. 22, 1997).

[^15]: *See* 47 C.F.R. § 79.1(e)(3).

[^16]: *See* *2000 Order* at ¶16.

[^17]: *See* note 1 *supra*.

[^18]: *Id.*