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 NEWS  News  Media  Information  202  /  418-  0500  TTY  202  /  418-  2555  Fax-  On-  Demand  202  /  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974). 
 FOR  IMMEDIATE  RELEASE:  News  Media  contact: 
 January  18,  2001  David  Fiske  202-  418-  0513 


 FCC  UPHOLDS  VIDEO  DESCRIPTION  RULES 
 TO  ASSIST  VISUALLY  DISABLED  CONSUMERS 
 Clarifies  Some  of  the  Rules  Adopted  Last  July 


 Washington,  DC  --  The  Commission  has  generally  upheld  its  rules  adopted  on  July  21, 
 2000,  which  make  television  more  accessible  to  persons  with  visual  disabilities.  The  rules 
 require  the  largest  broadcasters  and  multichannel  video  programming  distributors  (MVPDs), 
 such  as  cable  television  and  direct  broadcast  satellite  systems,  to  provide  fifty  hours  per  calendar 
 quarter  of  programming  with  video  description  beginning  in  April  2002.  The  rules  also  require 
 broadcasters  and  MVPDs  that  provide  emergency  information  to  make  that  information  more 
 accessible  to  viewers  with  visual  disabilities. 


 Video  description  involves  the  insertion  into  a  TV  program  of  narrated  descriptions  of 
 settings  and  actions  that  are  not  otherwise  reflected  in  the  dialogue,  such  as  the  movement  of  a 
 person  in  the  scene.  Video  description  is  typically  provided  on  TV  through  the  use  of  the 
 Secondary  Audio  Programming  (SAP)  channel,  so  that  it  is  audible  only  when  that  channel  is 
 activated  through  a  TV  set  or  VCR  with  SAP  capability.  Thus,  viewers  can  control  whether  they 
 hear  the  video  descriptions  on  the  SAP  channel. 


 In  this  action,  taken  in  response  to  petitions  for  reconsideration  of  the  rules,  the 
 Commission: 


 x  Defined  the  top  five  nonbroadcast  networks,  which  if  carried  by  MVPDs  must 
 comply  with  the  video  description  programming  requirement,  as  those  that  are  ranked 
 in  the  top  five  as  defined  by  national  audience  share  and  that  also  reach  50  percent  or 
 more  of  MVPD  households.  x 
 Allowed  broadcast  stations  and  MVPDs  to  count  a  “rerun”  one  time  toward  their 
 quarterly  requirements;  the  Commission  may  allow  a  broadcast  station  or  MVPD  to 
 count  reruns  more  than  one  time  under  certain  limited  circumstances.  x 
 Clarified  that  once  a  broadcast  station  or  MVPD  that  is  required  under  the  rules  to 
 provide  video  description  has  aired  a  particular  program  with  video  description,  all 
 subsequent  airings  of  that  program  by  that  broadcast  station  or  MVPD  on  the  same 
 network  or  channel  must  contain  the  video  description,  unless  the  broadcast  station  or 
 MVPD  makes  another  program-  related  and  simultaneous  use  of  the  SAP  channel, 
 such  as  foreign-  language  translations. 
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 x  Established  an  exception  to  the  pass-  through  requirements  (which  requires  a 
 distributor  to  “pass  through”  any  video  description  it  receives  from  a  programming 
 supplier  if  it  has  the  technical  capability  to  do  so);  the  exception  permits  broadcast 
 stations  and  MVPDs  to  use  the  SAP  channel  to  provide  program-  related  services 
 other  than  video  description  when  airing  a  program  that  contains  video  description.  x 
 Allowed  programming  providers,  in  addition  to  programming  distributors,  to  seek 
 waivers  of  the  video  description  requirements.  x 
 Allowed  consumers  to  bring  informal  complaints  to  the  Commission  at  any  time.  x 
 Required  consumers  to  certify  in  any  formal  complaint  to  the  Commission  that  they 
 have  attempted  to  resolve  the  dispute  with  the  distributor  prior  to  filing  the  complaint 
 with  the  Commission.  x 
 Adopted  a  definition  of  “prime  time”  for  purposes  of  the  video  description  rules. 


 Action  by  the  Commission  January  11,  2001,  by  Memorandum  Opinion  and  Order  on 
 Reconsideration  (FCC  01-  7).  Chairman  Kennard,  Commissioners  Ness  and  Tristani 
 with  Commissioners  Powell  and  Furchtgott-  Roth  dissenting  and  issuing  separate 
 statements. 


 MM  Docket  No.  99-  339 
 Mass  Media  Bureau  contact:  Cyndi  Thomas  or  Eric  Bash  at  (202)  418-  2130. 
 Consumer  Information  Bureau  contact:  Karen  Peltz  Strauss  at  (202)  418-  1400. 
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