FCC 79.2 Revised as of December 4, 2012
Goto Year:2011 |
§ 79.2 Accessibility of programming providing emergency information.
(a) Definitions. (1) For purposes of this section, the definitions in
§ § 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
(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 § 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
(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
(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
[ 65 FR 26762 , May 9, 2000, as amended at 65 FR 54811 , Sept. 11, 2000]
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