by Charles H. Crawford
The following document has been prepared by the American Council of the Blind to assist users and potential users of video description to know what the service is, what the Federal Communications Commission requires of those responsible for providing it, and what you can do to insure it is available to you. ACB quotes from the Federal Communications Commission (FCC) rule and order establishing the requirements for video description, but this document is not a publication of the FCC and represents only the understanding and opinions of the American Council of the Blind with respect to the following content.
Q. What is video description?
A. Video description is the insertion of audio narrated descriptions of a television program's key visual elements into natural pauses between the program's dialogue.
Q. Who is responsible to include video description in their programs?
A. All four of the major commercial television networks: ABC, CBS, FOX, and NBC. Public television (PBS) has been providing described video for a number of years. Also covered are the top five cable providers which deliver TV signals via cable or satellite. Currently the list includes Lifetime, TBS, TNT, Nickelodeon and USA network.
Q. Who has to carry the descriptive video programs?
A. Every regular TV station that is affiliated with one of the commercial networks and is located in one of the top 25 TV markets in the U.S. must carry the descriptive video that comes with the programs originating on the network. Also the cable and satellite systems that have at least 50,000 subscribers must carry the video description if it is contained in any program they are transmitting through the cable or satellite.
To discover whether or not you live within one of these 25 top markets, which are defined as Nielsen-designated market areas, you can go to this link: http://www.nielsenmedia.com/DMAs.html.
Q. How much programming must be described and how are programs selected?
A. Each of the above covered entities must present 50 hours of described programming per calendar quarter. It is up to the providers of programming to decide which programs will be described, although they must choose between prime time or children's programming, and the resulting schedule for each entity is expected to be a mix of the two.
Q. Are there any exemptions to the rule?
A. Yes. If a program already utilizes the SAP channel for another purpose, such as Spanish-language translation, the video description does not take precedence. This exemption stems from the fact that in some instances, the SAP is used to broadcast simultaneous foreign-language translations of certain programs. Once digital television allows for up to 16 separate subchannels for a variety of purposes, these conflicts among needs will disappear. Meanwhile it appears that contention between the need for video description and the need for foreign-language translation does not often arise.
Exemptions can also be granted where the covered entities can show that video description would impose an undue burden or is not technically achievable. The 18-month lead time before the rule took effect was designed to accommodate the need for covered entities to get ready for compliance, and the limitation concerning exactly which entities would be subject to the rule was designed to insure that those covered could easily afford to comply.
Q. When did the rule take effect?
A. April 1, 2002.
Q. What about emergency information scrolled at the bottom of the screen?
A. Scrolling text of an emergency nature must be indicated by tones when presented. This requirement was incorporated in the rule for many reasons including the ability of local stations to technically provide description of the text while a program is running, the expectation of the FCC that local stations would break in when an emergency was severe enough to warrant that, and the already existing obligation of stations to allow governmental interruption of programming when a serious emergency requires it. In the event that a local station interrupts programming, that station must make any visual information accessible to visually impaired audience members by, for example, defining "the area flashing in red."
ACB suggests that if you hear a tone during a program, you call local authorities, listen to radio or take other actions to find out if there is an emergency that could pose danger. We make that suggestion with the caveat that we also expect that the local stations will break in and provide spoken information, should the emergency be so severe as to warrant it and we leave it up to each viewer to decide what to do. ACB does support the development of solutions to make scrolling text accessible and will incorporate this concern in our ongoing advocacy efforts.
Q. My television is a stereo TV and is capable of getting the secondary audio channel, but it has one of those on-screen menus and I can't access it to turn on the SAP for description. What can I do?
A. This is a difficult issue. If you have a remote control that includes a SAP selection button, or if you can buy a universal control that includes a mechanism for turning the SAP on and off, then you can try those solutions. Other solutions include seeing if your cable box or satellite receiver includes a SAP selection button, or if your VCR has one. If all else fails, then check with local electronics stores to see about where you might be able to purchase a piece of equipment that you can hook up to a stereo. In the not too distant future, television stations will be broadcasting digital signals and the new televisions or converters will incorporate SAP selection capabilities.
Q. What should I do if I don't get video description even though I know it is supposed to be on a program?
A. Now our discussion gets more interesting. First we need to understand two issues. One is that communications are not always as good as they should be in the television industry. In fact, we have heard that other rules implemented by the FCC often took awhile to get implemented at the TV station and network levels because the lawyers and the governmental folks knew about them, but did not communicate with the field. So if a spokesperson for your station or network acts as if he or she never heard of the rule, then that very well may be the case, and so you may need to do some educating.
Second, there is an issue related to the equipment your local cable or satellite provider needs to have in place in order to pass along the video description, because the provider needs to have a separate SAP adapter for each of the channels that is sending out a program with description. For example, you may believe that your cable company should pass through the SAP channel for say ABC, since you have already heard description on another channel such as PBS.
If they tell you that they need to order equipment or have that equipment on order already, then they may well be telling you the truth. All this even though covered entities had 18 months to get ready. If you are advised by the cable system, satellite TV, or regular TV station that they either did not know or just found out about their obligation, then you may want to ask them how long it will take for them to get the equipment and install it.
Depending upon their answer, or in the worst case if they say they do not believe they are obligated or just flat out say they are not going to do it, you will need to file a complaint with the Federal Communications Commission. We suggest you coordinate your complaint process with our national office, so we can track the complaints and see where there are the most problems, but you are certainly free to go straight to the FCC with the complaint.
Q. How do I file a complaint and what information do I need to have?
A. The FCC will take complaints directly in whatever way you reasonably communicate. This means by letter, by fax, by e-mail, in print or braille, by audiocassette, or other reasonable means of communication.
Here is what they say and what they need:
Complaints should be addressed to: Consumer & Governmental Affairs Bureau, Consumer Inquiries & Complaints Division, 445 12th Street SW, Washington, DC 20554. A complaint must include:
(i) The name and address of the complainant;
(ii) The name and address of the broadcast station against whom the complaint is alleged and its call letters and network affiliation, or the name and address of the MVPD against whom the complaint is alleged and the name of the network that provides the programming that is the subject of the complaint;
(iii) A statement of facts sufficient to show that the video programming distributor has violated or is violating the Commission's rules, and, if applicable, the date and time of the alleged violation;
(iv) The specific relief or satisfaction sought by the complainant; and
(v) The complainant's preferred format or method of response to the complaint (such as letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, or some other method that would best accommodate the complainant's disability).
(2) The Commission will promptly forward complaints satisfying the requirements to the video programming distributor involved. The video programming distributor must respond to the complaint within a specified time, generally within 30 days. The Commission may authorize Commission staff to either shorten or lengthen the time required for responding to complaints in particular cases.
(3) The Commission will review all relevant information provided by the complainant and the video programming distributor and will request additional information from either or both parties when needed for a full resolution of the complaint.
(i) The Commission may rely on certifications from programming suppliers, including programming producers, programming owners, networks, syndicators and other distributors, to demonstrate compliance. The Commission will not hold the video programming distributor responsible for situations where a program source falsely certifies that programming that it delivered to the video programming distributor meets our video description requirements if the video programming distributor is unaware that the certification is false. Appropriate action may be taken with respect to deliberate falsifications.
(ii) If the Commission finds that a video programming distributor has violated the video description requirements of this section, it may impose penalties, including a requirement that the video programming distributor deliver video programming containing video description in excess of its requirements.
(f) Private rights of action are prohibited. Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section. The Commission shall have exclusive jurisdiction with respect to any complaint under this section.
Q. What did all of that mean?
A. If you have gotten in touch with the station or cable or satellite provider about having tried to get a described program and they either refused to do it or don't seem to be diligently trying to carry the described programming, then send ACB or the FCC a letter or e-mail explaining what you were trying to watch, when it was on without video description, what answers you got when you tried to resolve the problem and with whom you spoke or corresponded and their contact information, along with yours. You also need to tell the FCC what you consider would be an appropriate remedy for the situation.
The FCC may require more information from either you or the folks against whom you filed the complaint. They can order the provider to comply with the rule and they can also order them to supply even more video description than the rule requires, as a way of making up for the lack of access.
Q. Where can I get more information?
A. From the Federal Communications Commission. Visit their web site at http://www.fcc.gov/cgb/consumerfacts/vid_des.html . Call them at these numbers: voice: 1-888-225-5322; TTY: 1-888-835- 5322; fax: (202) 418-0232. E-mail the Consumer and Governmental Affairs Bureau (CGB) at [email protected].
Q. I don't have cable or satellite and my local stations are not in the top 25 TV markets. Can I get any descriptive video?
A. There is no obligation on the part of your local channels to carry described programming. However, if your local broadcasters already have the equipment to pass the described video along to you, then, whether or not they are in the top 25 markets, and whether or not they have in excess of 50,000 subscribers, the rule requires them to deliver the described video service to you. If this is not the case, however, don't despair. The top 25 markets may change and your locality may become one of them at some point. You may also try talking with your local stations to see about their getting the equipment to pass along the video description they receive. Otherwise, you may wish to invest in cable or satellite to get at least the cable channels and any other channels that would be carrying described programming. Eventually, digital television will take over and ACB is working both to increase and improve the amount of programming available and to address the remaining issues regarding scrolling text on screens.
Q. I love video description and my local radio reading service! Now I find that the SAP channel that used to carry my radio reading service is carrying video description, which interferes with my radio reading service. What can I do?
A. This is a thorny question since this unintended consequence comes as a surprise to all of us. While digital television and its many audio subchannels will eventually offer the long-term solution, either shared SAP access, local community access channels on cable, or other options still to be developed will need to resolve the short-term conflicts. ACB is committed to the continued health and viability of radio reading services as well as that of descriptive video and we are working to help find a solution to this problem. The answer will be the product of negotiation with all impacted parties, rather than any unilateral decision; and any resolution will need to be made in the context of the two competing benefits.
Q. Will there be more programming with video description than is currently offered?
A. ACB believes that video description will become a natural part of programming over time. Once the initial kinks are worked out of the system and the television industry builds description into its ongoing planning and budgeting cycles, ACB believes that access to television for people who are blind and visually impaired will be just as reliable as it is for all other viewers.