By: David Oxenford, Wilkinson Barker Knauer LLP,
With the recent hurricanes and the tragedy in Las Vegas, the FCC Public Notice issued last week reminding all video programmers of the importance of making emergency information accessible to all viewers seems very timely. The public notice serves as a good refresher on all of the obligations of video programmers designed to make emergency information available to members of the viewing audience who may have auditory or visual impairments that may make this information harder to receive. As the FCC also reminds readers of its notice of the ways in which to file complaints against video programming distributors who do not follow the rules, TV broadcasters need to be extremely sensitive to all of these requirements.
What are these obligations? These are some of the obligations highlighted by the FCC’s reminder:
- For persons who are visually impaired, rules require that emergency information that is visually provided in a newscast also be aurally described in the main audio channel of the station.
- When emergency information is provided outside of a newscast (e.g. in a crawl during entertainment programming), that information must be accompanied by an aural tone and then an audio version of the emergency information must be broadcast on a secondary audio channel (SAP channel) of a TV station at least twice. See our articles here, here and here about this obligation.
- For persons who are deaf or hard of hearing, the Commission requires that emergency information provided in the audio portion of a broadcast also be presented visually, through methods including captioning, crawls or scrolls that do not block any emergency information provided through other visual means (like other captions or crawls).
- For stations that are permitted to use electronic newsroom technique (ENT) captions, where ENT does not provide captions for breaking news and emergency alerts, stations must make emergency information available through some other visual means. See our post here on this obligation.
- The FCC suggests, but does not require, that stations make emergency information available through multiple means (maps, charts and other visual information) and in plain language, so that all viewers can understand the nature of any emergency.
Emergency information is described broadly as information “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.” The FCC gives the following examples of the types of emergencies that may be covered: “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 that, for the school closings and bus route changes, the FCC has, for now, exempted this information from the requirement that crawls be converted to audio for the SAP channel, given the likely length that such messages would take (see our article here). The kinds of details that trigger these obligations include 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.”
The Commission notes that, in wide-spread emergencies like a hurricane, notices may need to be provided far beyond the local area directly hit by the emergency, as other areas can also be affected by the event.
Paying attention to the rules highlighted here and provided in more detail in the FCC’s Public Notice are very important, not just as it is important for broadcasters to serve all members of the public in their viewing areas, but also because there has been active enforcement in this area. The enforcement of these rules do not appear to be a partisan issue, as certain accessibility obligations have even be made more stringent during the term of this administration otherwise noted for its deregulation in other areas. So pay attention to this important reminder from the FCC.
David Oxenford is MAB’s Washington Legal Counsel and provides members with answers to their legal questions with the MAB Legal Hotline. Access information here. (Members only access).
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