[Code of Federal Regulations]
[Title 47, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR79.2]

[Page 784-785]
 
                       TITLE 47--TELECOMMUNICATION
 
                         COMMISSION (CONTINUED)
 
PART 79_CLOSED CAPTIONING AND VIDEO DESCRIPTION OF VIDEO PROGRAMMING--Table of Contents
 
Sec.  79.2  Accessibility of programming providing emergency information.

    (a) Definitions. (1) For purposes of this section, the definitions 
in Sec. Sec.  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 information.
    (1) Video programming distributors must make emergency information, 
as defined in paragraph (a) of this section, accessible as follows:
    (i) Emergency information that is provided in the audio portion of 
the programming must be made accessible to persons with hearing 
disabilities by using a method of closed captioning or by using a method 
of visual presentation, as described in Sec.  79.1 of this part;
    (ii) Emergency information that is provided in the video portion of 
a regularly scheduled newscast, or newscast that interrupts regular 
programming, must be made accessible to persons with visual 
disabilities; and

[[Page 785]]

    (iii) Emergency information that is provided in the video portion of 
programming that is not a regularly scheduled newscast, or a newscast 
that interrupts regular programming, must be accompanied with an aural 
tone.
    (2) This rule applies to emergency information primarily intended 
for distribution to an audience in the geographic area in which the 
emergency is occurring.
    (3) Video programming distributors must ensure that:
    (i) Emergency information should not block any closed captioning and 
any closed captioning should not block any emergency information 
provided by means other than closed captioning; and
    (ii) Emergency information should not block any video description 
and any video description provided should not block any emergency 
information provided by means other than video description.
    (c) Complaint procedures. A complaint alleging a violation of this 
section may be transmitted to the Commission by any reasonable means, 
such as letter, facsimile transmission, telephone (voice/TRS/TTY), 
Internet e-mail, 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 
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 of the complaint, and the 
distributor will reply to the complaint within 30 days.

[65 FR 26762, May 9, 2000, as amended at 65 FR 54811, Sept. 11, 2000]

    Effective Date Note: At 65 FR 54811, Sept. 11, 2000, Sec.  79.2 was 
amended by revising paragraphs (a)(1), (b)(1), and (b)(3). These 
paragraphs contain information collection and recordkeeping requirements 
and will not become effective until approval has been given by the 
Office of Management and Budget.