[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR79.2]



[Page 772-773]

 

                       TITLE 47--TELECOMMUNICATION

 

                    CHAPTER I--FEDERAL COMMUNICATIONS

                         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



[[Page 773]]



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

    (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]