FCC 79.2 Revised as of October 1, 2014
Goto Year:2013 |
§ 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, that is provided in the audio
portion of the programming 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.
(2) Video programming distributors and video programming providers must
make emergency information, as defined in paragraph (a) of this
section, accessible as follows:
(i) Emergency information that is provided visually during a regularly
scheduled newscast, or newscast that interrupts regular programming,
must be made accessible to individuals who are blind or visually
(ii) Emergency information that is provided visually during programming
that is neither a regularly scheduled newscast, nor a newscast that
interrupts regular programming, must be accompanied with an aural tone,
and beginning May 26, 2015, must be made accessible to individuals who
are blind or visually impaired through the use of a secondary audio
stream to provide the emergency information aurally. Emergency
information provided aurally on the secondary audio stream must be
preceded by an aural tone and must be conveyed in full at least twice.
Emergency information provided through use of text-to-speech ("TTS")
technologies must be intelligible and must use the correct
pronunciation of relevant information to allow consumers to learn about
and respond to the emergency, including, but not limited to, the names
of shelters, school districts, streets, districts, and proper names
noted in the visual information. The video programming distributor or
video programming provider that creates the visual emergency
information content and adds it to the programming stream is
responsible for providing an aural representation of the information on
a secondary audio stream, accompanied by an aural tone. Video
programming distributors are responsible for ensuring that the aural
representation of the emergency information (including the accompanying
aural tone) gets passed through to consumers.
(3) This rule applies to emergency information primarily intended for
distribution to an audience in the geographic area in which the
emergency is occurring.
(4) Video programming distributors must ensure that emergency
information does not block any closed captioning and any closed
captioning does not block any emergency information provided by means
other than closed captioning.
(5) Video programming distributors and video programming providers must
ensure that aural emergency information provided in accordance with
paragraph (b)(2)(ii) of this section supersedes all other programming
on the secondary audio stream, including video description, foreign
language translation, or duplication of the main audio stream, with
each entity responsible only for its own actions or omissions in this
(c) Complaint procedures. A complaint alleging a violation of this
section may be transmitted to the Consumer and Governmental Affairs
Bureau by any reasonable means, such as the Commission's online
informal complaint filing system, letter, facsimile transmission,
telephone (voice/TRS/TTY), Internet email, 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 or the video programming provider 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 or the video programming
provider of the complaint, and the distributor or the provider will
reply to the complaint within 30 days.
[ 65 FR 26762 , May 9, 2000, as amended at 65 FR 54811 , Sept. 11, 2000;
78 FR 31797 , May 24, 2013]
return arrow Back to Top
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.