> **DA 05-2438**

**Released: September 9, 2005**

**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**

The FCC acknowledges the heroic efforts of all those who have worked to
protect life and property from the ravages of Hurricane Katrina,
including those to whom this reminder is directed. We recognize the
unprecedented challenges that many video programming distributors have
experienced resulting from Hurricane Katrina and applaud their efforts
to continue operating or to re-establish operations to provide critical
service to their communities. At the same time, the Commission has
received several complaints that some emergency information being
provided over television is not being made accessible to individuals who
are deaf or hard of hearing. The Commission has also received complaints
that emergency information that was provided visually was blocked by
other information on the screen, or that emergency information provided
visually blocked closed captioning. We take this opportunity 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]

At the outset, we note the need to comply with Section 79.2 of the
Commission's rules is not limited to those areas directly affected by
Hurricane Katrina, but also extends to areas throughout the country
where Katrina survivors are being temporarily re-located. We also remind
video programming distributors that they are not required to close
caption this emergency information, and may make the information
accessible through the use of "crawls," "scrolls," or other methods of
visual presentation, including such simple methods as handwriting on a
blackboard. While the Commission is most concerned with the safety of
the individuals located in the storm-damaged areas, we stress that the
need to make the critical details of emergency information accessible is
not limited to the immediate geographic areas affected by Katrina
(*e.g*., Gulf coast towns and cities) because, for example, information
such as how citizens may obtain relief assistance falls within the
rule's mandate.[^2] There are no exemptions to Section 79.2, and all
video programming distributors that air emergency information are
required to make it accessible.

Section 79.2 requires the following: 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 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 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] For example, distributors can aurally
describe the emergency information in the main audio as part of their
ordinary operations.[^6] 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.[^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.

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.[^8] Announcements regarding evacuation routes and orders, and
shelter locations associated with an "emergency" are critical details of
emergency information that need to be made accessible.[^9]

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

The Commission also notes that the "pass through" obligation generally
imposed on video programming distributors under the closed captioning
rules set forth in Section 79.1[^10] 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), the Commission reminds 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.[^11] In addition, those entities that are permitted to count
captions created using the electronic newsroom technique for determining
compliance with Section 79.1[^12] are reminded that if the electronic
newsroom technique does not automatically caption non-scripted news, the
provider must make the emergency information accessible via other means
(*e.g.* scrolls or crawls).[^13]

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 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 recognizes that Hurricane Katrina presented and continues
to present extraordinarily difficult challenges to video programming
distributors in continuing or re-establishing their operations. To the
extent that video programming distributors have questions or concerns
regarding compliance with sections 79.1 or 79.2 of our rules during this
time period, they should contact the Commission to discuss those
concerns. The Consumer & Governmental Affairs Bureau is available to
respond to video programming distributors' questions regarding the rule.
Please contact Amelia Brown at (202) 418-2799 with your questions, or
email at Amelia.Brown@fcc.gov.

Attached is the text of the rule itself, 47 C.F.R. § 79.2. This rule and
related Fact sheets 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: Amelia Brown, (202)
418-2799 (voice);

\(202\) 418-0537 (TTY); e-mail <Amelia.Brown@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").

[^2]: *See* 47 C.F.R. § 79.2 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."

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

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

[^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 15250, para. 49 (Aug. 7, 2000).

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

[^8]: *See* 47 C.F.R. § 79.2(a)(2); *see also* Note to § 79.2(a)(2)
    discussed in note 2, *infra.*

[^9]: *Id.*

[^10]: *See* 47 C.F.R. § 79.1(c).

[^11]: *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,
    at 6622, n. 48 (Apr. 14, 2000) ("*Closed Captioning Second Report
    and Order"*); 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 3368-3369, paras. 211-212 (Aug. 22,
    1997).

[^12]: *See* 47 C.F.R. § 79.1(e)(3).

[^13]: *See* *Closed Captioning Second Report and Order,* 15 FCC Rcd
    6615, at 6623-24, para. 16.