FCC Reinstates Video Description
Rules for Certain Television Broadcasters and MVPDs
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The FCC has reinstated
its video description rules, which were originally adopted in 2000 but later
vacated by court order due to lack of authority to implement them. The
enactment of the Twenty-First Century Communications and Video Accessibility
Act in 2010 gave the FCC the necessary authority to require certain broadcast
stations and multichannel video program distributors (“MVPDs”) to provide
audio descriptions of the key visual elements of television programs. The
new rules will become effective on October 8, 2011, and stations and MVPDs
must be in full compliance with the rules by July 1, 2012. The video
description rules require broadcast television stations that are: (i)
affiliated with one of the four largest networks (ABC, CBS, FOX, and NBC),
and (ii) licensed to a community in one of the 25 largest television
Designated Market Areas to provide a minimum of 50 hours per calendar quarter
of video-described programming during prime-time or at any time when
children’s programming is broadcast. The requirements will expand to
network affiliates in the top 60 markets in 2015. The rules
apply similar video description requirements to cable television systems and
other MVPDs with 50,000 or more subscribers. Such MVPDs must provide 50
hours per calendar quarter of video-described programming during prime-time
and during all children’s programming on each of the top five non-broadcast
networks (currently USA, the Disney Channel, TNT, Nickelodeon, and TBS)
carried on such systems. Every commercial television station (including stations
subject to the 50-hour per quarter rule) and noncommercial television
station, regardless of the size of its market, that is affiliated or
otherwise associated with any television network, and every MVPD,
regardless of the number of subscribers, must “pass through” any video
description it receives from a network if the station or MVPD has the
technical capability to do so, unless that technical capability is being used
for another programming-related purpose (such as foreign-language audio
carried on a secondary basis). Once a program has been aired with video
description, it should generally be repeated with video description in all
subsequent airings. For
video-described programming to count toward the 50-hour/quarter requirement
it must be airing for either the first or second time – such programming may
count toward the 50-hour standard once when it is initially aired and once
more when it is re-run for the first time. If a video-described
program is preempted in whole or in part by “breaking news” programming, the
entirety of the scheduled, video-described program will be counted as having
been run. Under the
video description rules, “prime-time” is defined as 8-11 p.m. Monday through
Saturday and 7-11 p.m. Sunday in the eastern and pacific time zones. In
the central time zone, the prime time period is 7-10 p.m. Monday through
Saturday, and 6-10 p.m. on Sunday. Stations licensed to communities in
the mountain time zone may select either of these time periods for compliance
purposes. “Children’s programming” is defined as programming directed
at children 16 years of age and under. Enforcement will be triggered by
consumer complaints, as in the case of closed captioning operations. Should you
have any questions concerning the video description rules, please contact any
attorney in our office. September 9, 2011 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2011, Lerman Senter PLLC 2000 K Street NW,
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