In adopting rules for the closed captioning of video programming in 1998, the FCC required all video programming distributors, including broadcasters, cable operators and satellite distributors ("Distributors") to gradually increase the amount of captioned new programming offered during a transition to 100% captioned new programming by January 1, 2006, for English language new programming and by January 1, 2010, for Spanish language new programming.
When the FCC adopted the closed captioning rules, it allowed Distributors the discretion to determine what type of programming should be captioned during the transition period. The Commission voiced its concern that Distributors could decline to provide closed caption emergency programming for a substantial number of years to the potential detriment of hearing impaired viewers and, in 1998, issued a Further Notice of Proposed Rulemaking ("Notice") to address this issue. On April 13, 2000, in response to the Notice, the FCC adopted new rules requiring that emergency information that is provided to television viewers also be made accessible to persons with hearing disabilities either through closed captioning or by using a method of visual presentation.
Definition of Emergency Information. Under the new rules, Distributors must provide "emergency information" in an accessible format to individuals with hearing disabilities. "Emergency information" is defined as "information about a current emergency provided to viewers that is intended to further the protection of life, health, safety, and property" (e.g., information regarding tornadoes, hurricanes, floods, heavy snows, widespread fires, discharge of toxic gases, widespread power failures, school closings, and changes in school bus schedules). In addition, Distributors must provide "critical details" in an accessible format to persons with hearing disabilities. The FCC stated that "critical details" could include, among other things, specific details regarding areas affected by the emergency, evacuation orders, specific evacuation routes, approved shelters, instructions on how to secure personal property, road closures, and how to obtain relief assistance.
Under the new rules, Distributors need not provide in a captioned format all of the information about an emergency situation that is provided to viewers aurally, but Distributors must provide at least the information provided aurally that is intended to further the protection of life, health, safety, and property.
Accessibility of Emergency Information. The FCC requires that emergency information, as defined above, be made accessible to persons with hearing disabilities, either through closed captioning or by using a method of visual presentation, such as open captioning, crawls or scrolls. This requirement is restricted to emergency information primarily intended for distribution to an audience in the geographic area in which an emergency is occurring. The FCC does not require the real-time closed captioning of emergency information before the end of the transition period. Emergency information provided by means other than closed captioning, however, should not block any closed captioning, and vice versa.
Determination of Compliance. Distributors are responsible for compliance with this new rule but will not be responsible for video programming that is not by law subject to their editorial control, including signals of television broadcast stations distributed by multichannel video programming distributors. Local broadcast station licensees, as video programming distributors, are responsible for compliance with the new rules regardless of the delivery technology utilized, including cable direct broadcast satellite service. If a network is not owned by a multichannel video programming distributor, the Distributor should incorporate these new requirements into their contracts with producers and owners.
Entities permitted to count captions created using the electronic newsroom technique, which uses computer software to create closed captions from the text in a station's news script computer, must comply with the new rules. If the electronic newsroom technique does not enable these entities to provide the required emergency information through an accessible format, they must find an alternative method of visual presentation to provide accessibility for persons with hearing disabilities.
Enforcement. Viewers may file complaints concerning possible violations of this new rule with the Commission through a number of methods, including letter, facsimile transmission, telephone, internet e-mail, audio-cassette recording, and braille. Complainants should provide the FCC with the name of the video programming distributor alleged to have violated this rule, the date and time of the omission of emergency information, and the type of emergency situation involved. Upon receipt of the complaint, the Commission will notify the Distributor of the complaint and the Distributor will then have 30 days to respond to the Commission.
