Federal Communications Commission DA 15-632
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Accessible Emergency Information, and 
Apparatus Requirements for Emergency 
Information and Video Description:  
Implementation of the Twenty-First Century 
Communications and Video Accessibility Act of 
2010
Video Description:  Implementation of the 
Twenty-First Century Communications and Video 
Accessibility Act of 2010
Petitions for Waiver
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MB Docket No. 12-107
MB Docket No. 11-43
MEMORANDUM OPINION AND ORDER
Adopted:  May 26, 2015 Released:  May 26, 2015
By the Chief, Media Bureau: 
I. INTRODUCTION
1. In this Memorandum Opinion and Order (“Order”), we address two petitions for waiver 
of certain provisions in Section 79.2(b)(2)(ii) of the Commission’s rules, which require that emergency 
information provided visually during non-newscast video programming be made audibly accessible to 
individuals who are blind or visually impaired through the use of the secondary audio stream (“Audible 
Crawl Rule”).
1
  First, we grant with conditions the request of the American Cable Association (“ACA”) 
for waiver of the emergency information rule for certain hybrid (digital/analog) cable systems to comply 
with the Audible Crawl Rule by providing free equipment to analog customers who are blind or visually 
impaired to enable access to the digital secondary audio stream.  Second, we grant with conditions ACA’s 
request to give certain analog-only cable systems a waiver of the rule’s compliance deadline until June 
12, 2018.
2
Third, we grant the request of the National Association of Broadcasters (“NAB”) to give 
broadcasters a six-month waiver of the rule’s compliance deadline.  Fourth, we grant NAB’s request for 
waiver of the requirement to aurally describe visual but non-textual emergency information, such as maps 
or other graphic displays, but limit this waiver to 18 months.  Finally, we grant NAB’s request for a 
limited waiver allowing broadcasters to exclude school closings information from the Audible Crawl
Rule.
3
  Accordingly, for the reasons set forth below, we grant both the ACA Petition and the NAB 
Petition, subject to the conditions described below.
                                                          
1
See 47 C.F.R. § 79.2(b)(2)(ii).
2
The two ACA waiver requests are collectively referred to herein as the “ACA Petition.”
3
The three NAB waiver requests are collectively referred to herein as the “NAB Petition.”
Federal Communications Commission DA 15-632
2
2. On April 9, 2013, pursuant to the Twenty-First Century Communications and Video 
Accessibility Act of 2010 (“CVAA”),
4
the Commission released the Emergency Information/Video 
Description Order, which adopted rules requiring that emergency information
5
provided in video 
programming be made accessible to individuals who are blind or visually impaired and that certain 
apparatus be capable of delivering video description and emergency information to those individuals.
6
  
Section 202 of the CVAA directed the Commission to promulgate rules requiring video programming 
providers, video programming distributors, and program owners to convey emergency information in a 
manner accessible to individuals who are blind or visually impaired.
7
  The Emergency Information/Video 
Description Order implemented this mandate by requiring the use of a secondary audio stream
8
to convey
televised emergency information aurally, when such information is conveyed visually during 
programming other than newscasts, for example, in an on-screen crawl.  Among the rules adopted in the 
Emergency Information/Video Description Order was Section 79.2(b)(2)(ii), which requires video 
programming providers and distributors to make emergency information accessible as follows:
9
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 
                                                          
4
Pub. L. No. 111-260, 124 Stat. 2751 (2010) (as codified in various sections of 47 U.S.C.).  See also Amendment of 
Twenty-First Century Communications and Video Accessibility Act of 2010, Pub. L. No. 111-265, 124 Stat. 2795 
(2010) (making technical corrections to the CVAA).  The CVAA was enacted on October 8, 2010.
5
The CVAA directed the Commission to apply here the definition of “emergency information” found in the 
Commission’s rules.  47 U.S.C. § 613(g)(1).  “Emergency information” is defined in the Commission’s rules as 
“[i]nformation, 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.”  47 C.F.R. § 79.2(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.”  Note to 47 C.F.R. § 79.2(a)(2).
6
See Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video 
Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010; 
Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 
2010, Report and Order and Further Notice of Proposed Rulemaking, 28 FCC Rcd 4871 (2013) (“Emergency 
Information/Video Description Order”).  Video description, which is also referred to as audio description, is defined 
as “[t]he insertion of audio narrated descriptions of a television program’s key visual elements into natural pauses 
between the program’s dialogue.”  47 C.F.R. § 79.3(a)(3).
7
47 U.S.C. § 613(g)(2).
8
A secondary audio stream is an audio channel, other than the main program audio channel, that is typically used 
for foreign language audio and video description.
9
47 C.F.R. § 79.2(b)(2)(ii).
Federal Communications Commission DA 15-632
3
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. We evaluate the waiver requests in the petitions filed by ACA and NAB pursuant to the 
general waiver authority in Section 1.3 of the Commission’s rules.
10
  To waive a requirement for good 
cause, we must (1) explain why deviating from the general requirement serves the public interest, and (2) 
explain the nature of the special circumstances.
11
II. ACA PETITION
A. Background
4. On March 18, 2015, ACA filed a petition requesting waivers, for two classes of cable 
systems, of Audible Crawl Rule’s requirement that cable systems pass through emergency information on 
the secondary audio stream.
12
  First, for hybrid digital/analog (“hybrid”) systems that lack the equipment 
needed to pass through secondary audio streams on their analog service, ACA asks the Media Bureau 
(“Bureau”) to permit an alternate means of compliance for the pass-through requirement.
13
  Specifically, 
ACA requests that the Bureau permit these hybrid systems to meet the pass-through requirement through 
the provision of free set-top boxes (“STBs”) for up to three analog television sets per household of each 
eligible customer, until such time that the hybrid system obtains the equipment necessary to provide the 
secondary audio stream on their analog service, or ceases providing broadcast stations in analog.
14
  
Second, for analog-only systems that lack the equipment needed to pass through secondary audio streams, 
ACA requests that the Bureau waive the compliance deadline from May 26, 2015 until at least June 12, 
2018, with the opportunity to seek a further waiver from the Bureau, if still needed at that time.
15
  No 
comments were filed in response to the ACA Petition.  
B. Discussion
5. We find that there is good cause to waive Section 79.2(b)(2)(ii) for a limited number of 
qualifying small cable systems and grant each of the two unopposed waivers requested in the ACA 
                                                          
10
47 C.F.R. § 1.3 (“The provisions of this chapter may be suspended, revoked, amended, or waived for good cause 
shown, in whole or in part, at any time by the Commission, subject to the provisions of the Administrative 
Procedure Act and the provisions of this chapter.  Any provision of the rules may be waived by the Commission on 
its own motion or on petition if good cause therefor is shown.”).  We note that the Commission generally delegated 
authority to the Media Bureau and the Consumer and Governmental Affairs Bureau to consider waiver requests of 
the rules adopted in the Emergency Information/Video Description Order, and, in particular, delegated authority to 
the Media Bureau in the event ACA filed a request for waiver or extension of time seeking relief on behalf of hybrid 
and analog-only systems that lack the equipment to pass-through secondary audio streams, such as the instant 
request.  Emergency Information/Video Description Order, 28 FCC Rcd at 4887-89, 4932, ¶¶ 20, 99. See 47 C.F.R. 
§§ 0.61, 0.283, and 1.3.  
11
NetworkIP, LLC v. FCC, 548 F.3d 116, 127 (D.C. Cir. 2008); Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164, 
1166 (D.C. Cir. 1990).
12
American Cable Association, Petition for Waiver, MB Docket Nos. 12-107, 11-43 (filed Mar. 18, 2015) (“ACA 
Petition”).  On March 19, 2015, the Bureau issued a public notice seeking comment on the ACA Petition.  See 
Media Bureau Action, Media Bureau Seeks Comment on American Cable Association’s Petition for Waiver of 
Accessible Emergency Information Requirements, MB Docket Nos. 12-107, 11-43, Public Notice, 30 FCC Rcd 2367 
(MB 2015).  The comment cycle closed April 9, 2015.  Id.
13
ACA Petition at 10-13.
14
ACA Petition at 10-13.
15
ACA Petition at 13-16.  See 47 C.F.R. § 79.2(b)(2)(ii) (setting a compliance deadline of May 26, 2015).  See also 
Emergency Information/Video Description Order, 28 FCC Rcd at 4900-01, ¶ 37.
Federal Communications Commission DA 15-632
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Petition, subject to the conditions described below.  We address each of the two class waiver requests in 
turn.
1. Alternate Means of Compliance for Hybrid Systems that Lack the 
Equipment to Pass Through the Secondary Audio Stream
6. First, we grant with conditions ACA’s request for a class waiver to permit an alternate 
means of compliance for hybrid systems that lack the equipment to pass through secondary audio streams 
on their analog service. Specifically, we will allow qualifying hybrid systems to comply with the 
secondary audio stream pass-through requirement by providing free STBs to customers who are blind or 
visually impaired, until such time that the hybrid system either obtains the equipment necessary to 
provide the secondary audio stream on their analog service or ceases providing broadcast stations in 
analog.
16
  The STBs provided as the alternate means of compliance must enable the customer’s receipt of 
secondary audio streams of all stations carried in a digital format
17
that provide audible emergency 
information and must otherwise comply with the Commission’s rules.
18
  As discussed below, we decline 
to adopt ACA’s request to limit to three the number of free STBs provided to customers and adopt a 
notification requirement to ensure analog service customers who are blind or visually impaired are 
informed that they will need a digital STB from their cable system in order to access emergency 
information through the secondary audio stream.
7. We find that allowing a limited number of hybrid systems to use an alternative means of 
compliance can achieve the same goal of accessibility in a more cost-effective manner.
19
  According to 
ACA, “only a limited number of hybrid systems lack the equipment necessary to decode emergency 
information and video description or [pass through] broadcast [secondary audio] streams on their analog 
service.  These systems rely on legacy equipment that cannot [pass through] a [secondary audio] stream 
on their analog service without incurring relatively significant costs per affected headend.”
20
  We agree 
with ACA that the cost of obtaining the equipment necessary to pass through secondary audio streams on 
an analog service may be prohibitive for small cable systems.
21
  We further agree that the requested relief 
“will allow the Commission to meet its statutory obligation of making emergency information provided 
by broadcasters in an on-screen crawl aurally accessible to the blind and visually impaired community in 
a way that both furthers the public interest and avoids causing either undue financial burdens to smaller 
operators or the suspension of analog cable service to smaller and harder to serve communities.”
22
  
8. Number of STBs.  Although in its petition ACA proposes to limit the number of STBs 
that must be provided per household to up to three analog television sets, we find it more appropriate for 
hybrid systems to provide customers as many STBs as they need to access the emergency information.
                                                          
16
ACA Petition at 10-13.  
17
The required STB must provide the customer with access to at least the same channels that the customer received 
on his or her analog television set without using a STB.  See ACA Petition at 11, n.28.
18
For example, the STBs provided by the hybrid systems must comply with the User Interfaces Order by the 
appropriate compliance deadlines.  See 47 C.F.R. §§ 79.108(b), 79.109(c).
19
ACA Petition at 10.  ACA further explains that many of these hybrid systems are transitioning to all-digital within 
5 to 10 years and do not plan to invest in more analog equipment, which they would have to do to comply with the 
secondary audio stream pass-through requirement.  Id. at n.25.  See also id. at 6-10.
20
ACA Petition at 4.  Based on a 2013 survey, ACA estimates that 174 hybrid systems lack the equipment necessary 
to pass through secondary audio streams on their analog service.  ACA Petition at 8.
21
ACA Petition at 9.  ACA estimates that “the low-cost option for new equipment capable of passing through [the 
secondary audio stream] on analog service would cost around $1,700 per channel plus labor.”  ACA contends that, 
assuming that a cable system is carrying four broadcast stations, the cost would be more than $6,800 plus labor for 
the system to upgrade its equipment.  Id.
22
ACA Petition at 17-18.
Federal Communications Commission DA 15-632
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ACA does not justify a restriction on the number of STBs, except to say that “providing three STBs is not 
an insignificant cost.”
23
  In a recent ex parte, however, ACA agrees that a limit on the number of STBs 
provided may not be necessary if cable operators are permitted to use consumer verification procedures,
24
which this Order does allow.
25
  We find that placing an arbitrary restriction on the number of STBs a 
consumer may have is inconsistent with Section 202 of the CVAA, which directed the Commission to
promulgate rules requiring video programming providers, video programming distributors, and program 
owners to convey emergency information in a manner accessible to individuals who are blind or visually 
impaired.
26
  Customers in households with more than three analog TV sets would not be made “whole” by 
the alternate means of compliance if they could not receive emergency information via secondary audio 
streams on all television sets.
27
  Instead, we find that qualifying hybrid systems relying on the alternate 
means of compliance must provide free STBs up to the number requested by the customer, but no more 
than the number of analog TV sets in the customer’s household that are connected to the cable service.  
We find that this will ensure full accessibility for customers who are blind or visually impaired.  Further, 
as ACA suggests, some hybrid systems may “conclude that it is more cost effective to purchase the 
necessary equipment than to utilize the waiver and to provide free STBs to eligible customers.”
28
  
Because we find that the alternate means of compliance established by this Order will ensure full 
accessibility to customers who are blind or visually impaired, we agree with ACA that there is no need to 
set an upper subscriber limit on the hybrid systems that are permitted to comply through an alternate 
means.
29
In addition, as ACA explains, only the smallest of hybrid systems will find it more cost 
effective to provide free STBs to customers, rather than to purchase the necessary equipment to pass 
through the secondary audio on their analog service.
30
9. Verification.  As requested by ACA, we permit hybrid systems providing digital STBs to 
customers as an alternate means of compliance to verify a customer’s eligibility as an individual who is 
blind or visually impaired, consistent with the consumer verification rules adopted in the User Interfaces 
Order, to protect systems against the possibility of fraud or abuse.
31
  To the extent that cable systems 
employ consumer verification procedures, we will require them to comply with the verification rules 
adopted in the User Interfaces Order.
32
  This includes allowing consumers to provide a wide array of 
                                                          
23
ACA Petition at 13.  In its ex parte filing, ACA indicates its concern about “customer fraud.”  ACA ex parte (filed 
May 22, 2015) at 2.
24
See ACA ex parte (filed May 22, 2015) at 2 (stating allowing cable operators to use consumer verification “could 
negate the need to limit the number of free STBs that operators would need to make available to an eligible 
customer”).
25
See infra ¶ 9.
26
47 U.S.C. § 613(g)(2).
27
We note that ACA asserts its alternate means proposal “is designed to make eligible customers ‘whole’ ….”  ACA 
Petition at 13 (emphasis added). 
28
ACA Petition at 13.  In the event we receive evidence of significant fraud or abuse from customers of cable 
systems relying on this alternate means of compliance because customers are asking for more STBs than they need 
or are otherwise abusing this benefit, we will revisit this issue.
29
See ACA Petition at 12-13.  
30
See ACA Petition at 13.
31
ACA Petition at 11-12.  See 47 C.F.R. § 79.108(e) (“Verification of eligibility”).  See also Accessibility of User 
Interfaces, and Video Programming Guides and Menus; Accessible Emergency Information, and Apparatus 
Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century 
Communications and Video Accessibility Act of 2010, MB Docket Nos. 12-108, 12-107, Report and Order and 
Further Notice of Proposed Rulemaking, 28 FCC Rcd 17330, 17409-11, ¶ 132 (2013) (“User Interfaces Order”).
Federal Communications Commission DA 15-632
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documentation to verify eligibility for the free STBs provided.
33
  In addition, cable operators must protect 
personal information gathered from consumers through their verification procedures.
34
10. Notice to Customers.  Although ACA did not propose a notice requirement in this portion 
of its waiver request,
35
we conclude it is essential that a hybrid system relying on the alternate means of 
compliance notify its analog service customers who are blind or visually impaired that they will need a 
digital STB from their cable system in order to access emergency information through the secondary 
audio stream.  The alternate means of compliance established by this Order will be effective only if 
customers who are blind or visually impaired are notified to make them aware of this need for a digital 
STB.  Specifically, we require a hybrid system relying on the alternate means of compliance to provide 
the following notice in accessible formats to all analog customers and potential analog customers:
36
Mandatory Accessibility Notice:  To comply with FCC rules, [Insert Name of Cable 
Operator] must pass through audible emergency information on the secondary audio 
stream when it is provided for customers who are blind or visually impaired.  Customers 
who are blind or visually impaired and receive cable service on an analog television set 
should contact [Insert Name of Cable Operator] at [Insert Phone Number and Email 
of Cable Operator] for more information or to obtain the necessary accessibility 
equipment at no charge.
First, we require that this notice must be provided directly to current analog customers within five months
of the release of this Order
37
and annually thereafter for as long as the system chooses to rely on the 
                                                          
(...continued from previous page)
32
Under Section 79.108(e), covered entities “may only require consumer verification of eligibility as an individual 
who is blind or visually impaired to the extent the entity chooses to rely on an accessibility solution that involves 
providing the consumer with sophisticated equipment and/or services at a price that is lower than that offered to the 
general public.” 
33
See 47 C.F.R. § 79.108(e).  As explained in the User Interfaces Order, examples of what would be considered as 
reasonable verification requirements that accommodate a wide array of methods for consumers to document 
eligibility as an individual who is blind or visually impaired include, but are not limited to:  proof of participation in 
a nationally-established program for individuals who are blind or visually impaired, such as the Commission’s 
National Deaf-Blind Equipment Distribution Program or the National Library Service’s talking books program; or 
documentation from any professional or service provider with direct knowledge of the individual’s disability, such 
as a social worker, case worker, counselor, teacher, school superintendent, professional librarian, doctor, 
ophthalmologist, optometrist, or registered nurse.  User Interfaces Order, 28 FCC Rcd at 17409-11, ¶ 132, n.507.
34
47 C.F.R. § 79.108(e) (requiring covered entities to comply with the requirements of 47 U.S.C. § 338(i)(4)(A) and 
47 U.S.C. § 631(c)(1) to protect personal information).
35
We note that in its ex parte filing, ACA “did not object” to the imposition of a notice requirement on hybrid 
systems.  See ACA ex parte (filed May 22, 2015) at 2.
36
This notice is not subject to Office of Management and Budget approval under the Paperwork Reduction Act 
because the notice is “public disclosure of information originally supplied by the Federal government to the 
recipient for the purpose of disclosure to the public,” and therefore is not a “collection of information.”  5 C.F.R. § 
1320.3(c)(2).
37
We note that this timing ensures that notice is provided to consumers at least 30 days before the November 30, 
2015, compliance deadline established in this Order for broadcasters to comply with Section 79.2(b)(2)(ii) of the 
Commission’s rules, 47 C.F.R. § 79.2(b)(2)(ii). See infra Section III.B.1.  See also ACA Petition at 15 (suggesting 
that required notices for analog-only systems should be made “between 30 and 60 days before the effective date of 
the emergency information pass-through requirement”); ACA ex parte (filed May 22, 2015) at 2 (“recommend[ing] 
an initial notice be provided no later than 30 days prior to the date that broadcasters are required to provide an aural 
representation of visual emergency information on a secondary audio stream.”).
Federal Communications Commission DA 15-632
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alternate means of compliance established by this Order.
38
  Although we do not require a specific means 
for satisfying this notice requirement, we require the cable system to provide this targeted notice via a 
means of directly contacting customers, such as via a billing statement or billing insert, a phone call or 
email to customers.
39
  Second, we also require that this notice be provided to both current and potential 
analog customers when they inquire about accessibility options.
40
  Although we do not require a specific 
means for satisfying this notice requirement, we find that the cable system could provide this required 
notice through their websites (if applicable), marketing materials, and customer service representatives.  If 
we find that consumers are not being adequately informed about the availability of free STBs, we may 
revisit whether the waiver is in the public interest.
2. Delayed Compliance for Analog-Only Systems that Lack the Equipment to 
Pass Through the Secondary Audio Stream
11. Second, we grant with conditions ACA’s request to waive the compliance deadline until 
June 12, 2018 for analog-only systems that lack the equipment needed to pass through the secondary 
audio stream.
41
  As a condition of this waiver, we adopt a notification requirement, but modify the notice 
language proposed by ACA.  The Commission has recognized that analog-only cable systems may face 
unique difficulties in complying with the secondary audio stream pass-through requirement.
42
  Analog-
only systems are very small in size,
43
often serve rural areas, and generally lack resources and utilize 
dated technology.
44
  Based on the record before us, we agree with ACA that it would be financially 
infeasible at this time for analog-only systems (which currently lack the necessary equipment) to purchase 
new equipment to pass through secondary audio streams.
45
  We recognize that analog-only cable systems 
“frequently provide a value-priced option for subscribers that only need very basic service” and we are 
                                                          
38
We agree with ACA that this annual notice may be consolidated with annual notices given pursuant to other 
Commission requirements.  See ACA ex parte (filed May 22, 2015) at 2 (asking that cable operators be allowed to 
include this annual notice as part of their annual cable customer service general information notifications). 
39
The Commission has in other contexts required notice via billing statements or billing inserts.  See, e.g., 47 C.F.R. 
§ 79.1(i)(1) (requiring video programming distributors to make contact information for the handling of immediate 
closed captioning concerns and written closed captioning complaints available “on their Web sites (if they have a 
Web site), in telephone directories, and in billing statements (to the extent the distributor issues billing statements)”).
40
The Commission has in other contexts required that notice be provided about an accessible solution in response to 
a consumer inquiry about accessibility.  See, e.g., 47 C.F.R. § 79.108(d)(1) (“MVPD notices. Covered MVPDs must 
notify consumers that navigation devices with the required accessibility features are available to consumers who are 
blind or visually impaired upon request as follows:  (1) When providing information about equipment options in 
response to a consumer inquiry about service, accessibility, or other issues, MVPDs must clearly and conspicuously 
inform consumers about the availability of accessible navigation devices.”).
41
ACA Petition at 13.  In its ex parte, ACA asked for six more months in the event we grant the broadcasters’ six-
month waiver of the rule’s compliance deadline.  ACA ex parte (filed May 22, 2015) at 3.  We decline to entertain 
this last minute request.
42
Emergency Information/Video Description Order, 28 FCC Rcd at 4887-89, ¶ 20.
43
ACA estimates that the average analog-only system serves about 206 subscribers.  ACA Petition at 14.
44
ACA Petition at 13.
45
ACA Petition at 14.  ACA further explains that “[d]ue to their small size, analog-only systems have far fewer 
customers over which to spread the costs of system upgrades.  Operators of these systems also often face higher 
programming costs than those incurred by larger operators on a per-subscriber basis, have higher fixed non-
programming costs because they serve rural markets, and must cope with fierce competition from DBS providers in 
rural markets.  Requiring them to purchase new equipment will provide no benefit to the blind and visually impaired 
community if, as a result, operators must shut down systems, thus eliminating access to cable services in some 
communities.”  Id.
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persuaded that the per-subscriber costs on these very small systems to upgrade equipment to comply with 
the secondary audio stream pass-through requirement might cause them to shut down.
46
12. Notice to Customers.  We agree with ACA that we should establish a notice requirement 
to ensure that customers who are blind or visually impaired are informed that emergency information will 
not be audibly accessible on the secondary audio stream because the system is receiving an exemption 
from the Commission’s requirement.
47
  However, we modify the notice requirement proposed by ACA to 
ensure the notice reaches both current and potential customers
48
and change the specific language 
suggested by ACA to make it more concise and consumer-friendly.
49
  We require that an analog-only 
system relying on the exemption established by this Order to provide the following notice in accessible 
formats to all current and potential customers:
50
Mandatory Accessibility Notice:  [Insert Name of Cable Operator] qualifies for a 
waiver from the FCC that relieves [name of cable operator] of the requirement to pass 
through audible emergency information on the secondary audio stream when it is 
provided for customers who are blind or visually impaired.  Therefore, customers who 
are blind or visually impaired using [name of cable operator] will not be able to receive 
audibly accessible emergency information on the secondary audio stream.  Other 
television providers in your area may make emergency information audible on the 
secondary audio stream.  Note that the emergency information contained in a secondary 
audio stream is different from emergency alerts provided through the Emergency Alert 
System (EAS), which are provided by [Insert Name of Cable Operator] to all 
subscribers of this system. For more information, contact [Insert Name of Cable 
Operator] at [Insert Phone Number and Email of Cable Operator].
First, we require that this notice be provided directly to current analog customers within five months of 
the release of this Order and annually thereafter for as long as the system chooses to rely on the waiver 
                                                          
46
ACA Petition at 14.
47
See ACA Petition at 15-16.  
48
ACA suggested that the notice be provided to current subscribers “between 30 and 60 days before the effective 
date of the emergency information pass-through requirement” and does not suggest a notice for potential 
subscribers.  ACA Petition at 15.
49
See ACA Petition at 16.  ACA proposed the following notice:
On (DATE), cable operators, direct broadcast satellite providers, and Internet Protocol (IP) 
television providers are required to provide emergency information aurally on a secondary audio 
stream concurrent with emergency information that is provided visually (such as that provided via 
crawls) during programming that is not a newscast. The purpose of the obligation is to make this 
type of emergency information accessible to individuals who are blind or visually impaired. Due 
to its technical incapability (NAME OF CABLE OPERATOR) is not required to comply with this 
requirement until (DATE). Therefore, if you are blind or visually impaired, or there is an 
individual who is blind or visually impaired in your household, this emergency information will 
not be accessible. It may be available from another cable operator, direct broadcast satellite 
provider, or IP television provider in your area. The emergency information contained in a 
secondary audio stream is different from emergency alerts provided through the Emergency Alert 
System (EAS), which are provided by (NAME OF CABLE OPERATOR) to all subscribers of this 
system. To learn more about this matter, you may contact (NAME OF CABLE OPERATOR) and 
(PHONE NUMBER OF CABLE OPERATOR), or visit (FCC WEB PAGE ADDRESS).
50
This notice is not subject to Office of Management and Budget approval under the Paperwork Reduction Act 
because the notice is “public disclosure of information originally supplied by the Federal government to the 
recipient for the purpose of disclosure to the public,” and therefore is not a “collection of information.”  5 C.F.R. § 
1320.3(c)(2).
Federal Communications Commission DA 15-632
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granted by this Order.
51
  Although we do not require a specific means for satisfying this notice 
requirement, we require the cable system to provide this targeted notice through a means of directly 
contacting customers, such as via a billing statement or billing insert, a phone call or email to customers.  
Second, we require that this notice must be provided to both current and potential customers when they 
inquire about accessibility options.  Although we do not require a specific means for satisfying this notice 
requirement, we find that the cable system could provide this required notice through notices on their 
websites (if applicable), marketing materials and customer service representatives.  If we find that 
consumers are not being adequately informed about analog-only cable system exemptions, we may revisit 
whether the exemptions should continue.
III. NAB PETITION
A. Background
13. On March 27, 2015, NAB filed a petition requesting three limited waivers of the Audible 
Crawl Rule.
52
  First, NAB requests that the Commission grant a six-month partial exemption from, or 
limited waiver of, the Audible Crawl Rule from May 26, 2015 until November 26, 2015.
53
  NAB argues 
that broadcasters need this extension because the hardware and software necessary for broadcasters to 
aurally transcribe emergency information crawls has not yet been released and delivered by the vendors in 
many cases, and additional time is needed to test, order, ship, and install the solution developed by the 
vendors.
54
  Second, NAB asks that the Commission waive the requirement that visual but non-textual 
emergency information be included in the aural representation of emergency information on the 
secondary audio stream until technological solutions are available.
55
  According to NAB, it is currently 
infeasible to comply with this requirement with respect to radar maps and similar moving graphics 
because they do not contain text files that can be converted to speech.
56
  Finally, NAB requests that the 
Commission temporarily waive the requirement to aurally convey school closing information on the 
secondary audio stream, while NAB considers alternatives with input from stakeholders.
57
14. Commenters generally support grant of the requested waivers in the NAB Petition.  On 
behalf of consumers who are blind or visually impaired, AFB/ACB expressed “frustration” with the 
                                                          
51
We make this an annual notice, rather than a one-time notice as suggested by ACA, to ensure affected customers 
are reminded that emergency information will not be available aurally on the secondary audio stream.
52
National Association of Broadcasters, Petition for Temporary Partial Exemption and Limited Waiver, MB Docket 
Nos. 12-107, 11-43 (filed Mar. 27, 2015) (“NAB Petition”).  On March 30, 2015, the Media Bureau issued a public 
notice seeking comment on the NAB Petition.  See Media Bureau Action, Media Bureau Seeks Comment on 
National Association of Broadcasters’ Petition for Waiver of Accessible Emergency Information Requirements, MB 
Docket Nos. 12-107, 11-43, Public Notice, DA 15-394 (MB rel. Mar. 30, 2015) (“NAB Public Notice”).  The 
comment cycle closed April 20.  Ten comments and one reply were filed.  Commenters include broadcast stations, 
national and state broadcast associations, a broadcast engineer association, an equipment vendor and consumer 
groups.  See Appendix.
53
NAB Petition at 2, 5-9.  In its reply, NAB agrees with the comments of the State Associations which request a 
Monday, November 30 deadline to avoid conflicting with the Thanksgiving holiday.  NAB Reply Comments at 2, 
n.3 (citing State Associations Comments at 2, n.3).  See 47 C.F.R. § 79.2(b)(2)(ii) (setting a compliance deadline of 
May 26, 2015).  See also Emergency Information/Video Description Order, 28 FCC Rcd at 4900-01, ¶ 37.
54
See id.
55
Id. at 9-11.  See Emergency Information/Video Description Order, 28 FCC Rcd at 4891-92, ¶ 24.
56
NAB Petition at 10.
57
Id. at 11-14.  See 47 C.F.R. § 79.2(a)(2); Emergency Information/Video Description Order, 28 FCC Rcd at 4896-
97, ¶ 31.
Federal Communications Commission DA 15-632
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broadcast industry’s compliance efforts, but indicated it would accept a one-time, six-month waiver.
58
  
AFB/ACB also says it would not object to the request for a delayed compliance date with respect to 
making audibly accessible on the secondary audio stream school closings information and visual but non-
textual emergency information,
59
but asks the Commission “to make it clear that no emergency 
information of any kind can be delivered to any viewer exclusively in graphical form.”
60
B. Discussion
15. We find that there is good cause to waive Section 79.2(b)(2)(ii) and grant each of the 
three waivers requested in the NAB Petition, but limit our grant of the waiver with respect to visual but 
non-textual emergency information to 18 months.  We address each of NAB’s three waiver requests in 
turn.
1. Six-Month Waiver of the Audible Crawl Rule
16. First, we grant NAB’s request for a six-month waiver – more specifically, until 
November 30, 2015 – of the compliance deadline for video programming distributors to comply with the 
Audible Crawl Rule, i.e., to provide aurally on the secondary audio stream emergency information 
presented visually in non-newscast programming.  The record created in response to the NAB Petition 
shows that the technical solutions necessary for broadcasters to aurally transcribe emergency information 
text crawls on the secondary audio stream were not developed and brought to market in time for 
broadcasters to test and implement these solutions by the current May 26, 2015 compliance deadline.
61
  
NAB explains that “not only are there technical difficulties associated with implementation of viable 
audible crawl solutions, but broadcasters must also rely on numerous vendors – and timelines beyond 
their control – to bring these solutions to market.”
62
  NAB further explains that the technical solutions to 
comply with the Audible Crawl Rule only recently have become available and many broadcasters only 
recently have been able to evaluate these solutions.
63
  We are persuaded by NAB and the other broadcast 
industry comments that a six-month extension of the compliance deadline is needed for broadcasters to 
purchase, install, and test solutions that will effectively communicate emergency information to their 
viewers who are blind or visually impaired.
64
Therefore, although we share AFB/ACB’s frustration with 
                                                          
58
AFB/ACB Comments at 2 (stating “if allowing broadcast stations around the country an additional six months to 
come into compliance is the only thing that stands in the way of the nationwide reliability of accessible audible 
emergency information, then by all means, the Commission should eliminate this obstacle.”).
59
AFB/ACB would limit the waiver for delayed compliance to aurally describe visual but non-textual emergency 
information on the secondary audio stream to 18 months and would limit the waiver of the requirement to include 
school closings information aurally on the secondary audio stream to one year.  AFB/ACB Comments at 2-3.
60
AFB/ACB Comments at 3.
61
See NAB Reply at 2-3 (stating “with the deadline fast approaching and few vendor solutions available on the 
market, broadcasters will be unable to evaluate, purchase, install, and test the vendor systems prior to the May 26, 
2015 deadline”).  See also, e.g., State Associations Comments at 3 (stating six-month waiver is necessary “to permit 
vendors time to complete the design and distribution of hardware and software capable of performing the conversion 
of textual content into aural content, as well as to permit TV stations adequate time to test and implement these 
technical solutions”); Monroe Comments at 1 (stating six-month waiver is “reasonable and justifiable given the need 
for video programmers to adequately test, integrate and implement these technologies in their respective technical 
plants”); Gray Comments at 2 (“extending the deadline will allow time for the necessary testing, dialogue with 
vendors, refinement and integration of an improved solution”).
62
NAB Petition at 16.
63
NAB Reply at 2-3 (“vendors are just now rolling out products for this purpose, and many broadcasters had their 
first opportunity to evaluate these new products at the recently concluded NAB show”).  See State Associations
Comments at 3-4; Entravision Comments at 2; CMG Comments at 2.
64
See, e.g., State Associations Comments at 3-4 (stating that if forced to comply by the current deadline, “TV 
stations’ only practical option … is to reduce or eliminate all visual emergency information – a result that allows 
(continued....)
Federal Communications Commission DA 15-632
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the slower than expected progress of the broadcast industry to develop and implement these technical 
solutions, we find that affording broadcasters limited additional time – until November 30, 2015 – to 
comply with the Audible Crawl Rule serves the public interest.  We expect, however, as NAB assures us, 
that broadcasters “will launch audible crawls as soon as it is feasible for them to do so.”
65
2. 18-Month Waiver of Requirement to Aurally Describe Visual But Non-
Textual Emergency Information
17. Second, we waive the requirement to aurally describe visual but non-textual emergency 
information (e.g., maps or other graphic displays),
66
but limit this waiver to 18 months, as suggested by 
AFB/ACB.
67
NAB and the broadcast commenters argue that radar maps and similar moving graphics do 
not contain text files that can be converted to speech and, therefore, an automated text-to-speech (“TTS”) 
solution cannot be used to aurally describe them.
68
  NAB suggests that this issue “is an appropriate topic 
for discussion within the [Disability Advisory Committee (DAC)] because there are currently no technical 
solutions at this time.”
69
  AFB/ACB states that we should “suspend any requirement that inherently 
graphical information be rendered audibly” for 18-months, during which time “further work can be done 
to develop reliable automated solutions.”
70
  We agree.  Moreover, the record indicates that visual but non-
textual emergency information is generally duplicative of emergency information contained in an 
accompanying on-screen crawl, which would be aurally transcribed on the secondary audio stream.
71
  
                                                          
(...continued from previous page)
stations to comply with the rule, but fails to benefit those with impaired vision while also harming the flow of 
information to everyone else”); Broadcaster Coalition at 4 (stating “[f]aced with a choice of doing it poorly and 
triggering potential Commission enforcement auction, versus not doing it at all, some broadcasters may be forced to 
hold back on the emergency information they provide, which is in no one’s interest”).
65
NAB Reply at 5.  We note, as does NAB, that “[w]hile stations work to launch audible crawls on the [secondary 
audio stream], vision-impaired viewers will continue to be alerted by an attention signal to tune to other available 
audio sources for information, as they do today.”  Id.
66
NAB Petition at 9-11 (seeking “waiver of the requirement to include non-textual, graphical information in the 
audible crawl”).  See Emergency Information/Video Description Order, 28 FCC Rcd at 4891-92, ¶ 24 (finding that, 
if visual but non-textual emergency information is shown during non-newscast programming (e.g., maps or other 
graphic displays), the aural description of this information must accurately and effectively convey the critical details 
regarding the emergency and how to respond to the emergency).
67
AFB/ACB Comments at 2-3.
68
See NAB Petition at 10; NAB Reply at 3; SBE Comments at 2; Gray Comments at 2; Broadcaster Coalition at 5; 
State Associations at 4.
69
NAB Petition at 11, n.13.  To the extent covered entities are concerned that other emergency information should 
be prioritized over aural descriptions of emergency information contained in maps and graphics, we note that the 
Commission is taking up this prioritization issue in the Second Further Notice of Proposed Rulemaking (“Second 
FNPRM”) adopted last week in this docket.  See Accessible Emergency Information, and Apparatus Requirements 
for Emergency Information and Video Description:  Implementation of the Twenty-First Century Communications 
and Video Accessibility Act of 2010, MB Docket No. 12-107, Second Report and Order and Second Further Notice 
of Proposed Rulemaking, FCC 15-56 at ¶ 38 (adopted May 21, 2015; but not released as of the adoption date of this 
Order) (“Second FNPRM”) (“seek[ing] comment on how video programming providers and video programming 
distributors should prioritize emergency information conveyed aurally on the secondary audio stream when more 
than one source of visual emergency information is presented on-screen at the same time.”).
70
AFB/ACB Comments at 3.  We note that this is an issue that may merit future consideration by the DAC.
71
See NAB Petition at 10 (explaining that “television stations present radar maps to enhance clarity, not to convey 
separate information”); Broadcaster Coalition at 4 (explaining that maps and graphics “information is generally 
duplicative of information that is already conveyed in the audible crawl” and “maps and graphics do not include 
information that visually impaired viewers are unable to obtain”); State Associations Comments at 4-5 (stating that 
“the emergency information contained in [visual information such as Doppler radar or weather maps] is already 
(continued....)
Federal Communications Commission DA 15-632
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Thus, we believe that this waiver will not unduly disrupt the availability of emergency information while 
the industry develops a technical solution.
72
  Furthermore, to the extent that the critical details regarding 
the emergency and how to respond conveyed by a map or other graphic display are being aurally 
described on the secondary audio stream because, for example, these critical details are also contained in 
a crawl, then aurally describing the map or other graphic display would not be necessary.  Upon the 
expiration of this 18-month waiver, covered entities will be required to aurally describe the critical details
regarding the emergency and how to respond to the emergency (as set forth in Section 79.2(a)(2)), 
including the critical details conveyed solely by a map or other graphic display.
73
3. Temporary Waiver of Requirement to Include School Closings in the 
Audible Crawl
18. Finally, we waive the requirement to include school closings information aurally on the 
secondary audio stream, while the Commission reconsiders this requirement in the Second FNPRM.
74
  
NAB argues that an alternative solution is needed because audible crawls of school closings would be 
“prolonged and inefficient” and would “crowd out more important emergency information.”
75
  All 
comments on this issue support this waiver while the Commission and interested parties consider more 
efficient alternatives,
76
although AFB/ACB requests that we limit the duration of the waiver to one year.
77
  
We find that a one-year time-limit is unnecessary given the Commission’s commitment to work with 
stakeholders to resolve this issue expeditiously, as evidenced by adoption of the Second FNPRM last 
week.
IV. ORDERING CLAUSES
19. Accordingly, IT IS ORDERED that, pursuant to the authority found in Sections 4(i), 
4(j), and 713 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 613, and 
sections 0.61, 0.283, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.61, 0.283, and 1.3, this 
Memorandum Opinion and Order IS ADOPTED.
20. IT IS FURTHER ORDERED that the petition for waiver of Section 79.2(b)(2)(ii) of the 
Commission’s rules, 47 C.F.R. § 79.2(b)(2)(ii), for certain analog-only and hybrid systems, filed by the 
American Cable Association, IS GRANTED subject to the conditions described herein.
                                                          
(...continued from previous page)
being conveyed verbally on the main channel and through the crawls that are being presented aurally via [the 
secondary audio stream]”).
72
NAB Petition at 10.
73
47 C.F.R. § 79.2(a)(2).  See supra note 6.  See also Emergency Information/Video Description Order, 28 FCC 
Rcd at 4891-92, ¶ 24.  We disagree with AFB/ACB that “all emergency information delivered to the public must be 
provided in text format” and that [g]raphical emergency information should be permitted but only as a convenience 
for viewers with sight for whom such visual depiction of emergency information may be of additional but redundant
value.”  AFB/ACB Comments at 2.  Our rules require that if visual but non-textual emergency information contains 
such critical details of a current emergency, then those same critical details must be made accessible to customers 
who are blind or visually impaired on the secondary audio stream.
74
See Second FNPRM at ¶ 43 (“seek[ing] comment on whether the Commission should reconsider its requirement 
for ‘school closings and changes in school bus schedules’ resulting from emergency situations to be conveyed 
aurally on the secondary audio stream, considering the length of such information and the limits of the secondary 
audio stream”).
75
See NAB Petition at 12; NAB Reply at 4.
76
See NAB Reply at 4; State Associations Comments at 6; Broadcaster Coalition Comments at 6; Meredith 
Corporation, et al. Comments at 1-2; CMG Comments at 3-4; Entravision Comments at 3; Gray Comments at 2.
77
AFB/ACB Comments at 2.
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21. IT IS FURTHER ORDERED that the petition for temporary partial exemption and 
limited waiver of Section 79.2(b)(2)(ii) of the Commission’s rules, 47 C.F.R. § 79.2(b)(2)(ii), filed by the 
National Association of Broadcasters, IS GRANTED subject to the conditions described herein.
22. To request materials in accessible formats for people with disabilities (braille, large print, 
electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).  
FEDERAL COMMUNICATIONS COMMISSION
William T. Lake
Chief, Media Bureau
Federal Communications Commission DA 15-632
14
APPENDIX
List of Comments and Reply Comments
COMMENTS
1. American Foundation for the Blind (AFB) and American Council of the Blind (ACB) 
(“AFB/ACB” or “Consumer Groups”) filed 04/20/2015
2. Ball State University (WIPB-TV / Indiana Public Radio) filed 04/15/2015
3. Block Communications, Inc.; Cordillera Communications, Inc.; Granite Broadcasting 
Corporation; Media General, Inc. and WBOC, Inc. (“Broadcaster Coalition”) filed 04/13/2015
4. Cox Media Group (“CMG”) filed 04/13/2015
5. Entravision Communications Corporation (“Entravision”) filed 04/13/2015
6. Gray Television, Inc. (“Gray”) filed 04/10/2015
7. Meredith Corporation, Nexstar Broadcasting Group, Inc., Raycom Media, Inc. (“TV Stations”) 
filed 04/10/2015
8. Monroe Electronics, Inc. (“Monroe”) filed 04/13/2015
9. Named State Broadcasters Associations (“State Associations”) filed 04/13/2015
10. Society of Broadcast Engineers, Incorporated (“SBE”) filed 04/09/2015
REPLY COMMENTS
1. National Association of Broadcasters (“NAB”)