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FCC-13-45A1.Pdf Federal Communications Commission FCC 13-45 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Accessible Emergency Information, and Apparatus ) Requirements for Emergency Information and ) MB Docket No. 12-107 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 ) MB Docket No. 11-43 Accessibility Act of 2010 ) REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULEMAKING Adopted: April 8, 2013 Released: April 9, 2013 Comment Date: (60 days after date of publication in the Federal Register) Reply Comment Date: (90 days after date of publication in the Federal Register) By the Commission: Commissioners Clyburn, Rosenworcel and Pai issuing separate statements; Commissioner McDowell not participating. TABLE OF CONTENTS Heading Paragraph # I. INTRODUCTION.................................................................................................................................. 1 II. BACKGROUND.................................................................................................................................... 4 III. SECTION 202 OF THE CVAA............................................................................................................. 7 A. Scope of the Emergency Information Rules .................................................................................... 7 B. Accessible Emergency Information Requirements........................................................................ 10 1. Requirements Applicable to Emergency Information Provided Visually During Non- Newscast Programming........................................................................................................... 11 2. Definition of Emergency Information..................................................................................... 29 C. Responsibilities of Entities Subject to Section 202(a) of the CVAA............................................. 32 D. Compliance Deadlines ................................................................................................................... 37 E. Complaint Procedures.................................................................................................................... 46 IV. SECTION 203 OF THE CVAA........................................................................................................... 48 A. Apparatus Requirements for Emergency Information and Video Description.............................. 49 1. Performance and Display Standards........................................................................................ 50 2. Recording Devices .................................................................................................................. 52 3. Customer Support Services ..................................................................................................... 54 4. Interconnection Mechanisms................................................................................................... 55 5. Issues from 2011 Video Description Order............................................................................. 56 B. Apparatus Subject to Section 203 of the CVAA............................................................................ 60 1. General Scope of the Apparatus Requirements....................................................................... 60 Federal Communications Commission FCC 13-45 2. Interpretation of Statutory Terms Incorporated in the Commission’s Apparatus Requirements........................................................................................................................... 63 3. Application of the Apparatus Requirements to Certain Categories of Apparatus................... 70 C. Alternate Means of Compliance .................................................................................................... 75 D. Compliance Deadlines ................................................................................................................... 76 E. Complaint Procedures.................................................................................................................... 78 V. FURTHER NOTICE OF PROPOSED RULEMAKING..................................................................... 80 VI. PROCEDURAL MATTERS................................................................................................................ 87 A. Regulatory Flexibility Act ............................................................................................................. 87 B. Paperwork Reduction Act.............................................................................................................. 89 C. Congressional Review Act............................................................................................................. 91 D. Ex Parte Rules................................................................................................................................ 92 E. Filing Requirements....................................................................................................................... 93 F. Additional Information .................................................................................................................. 96 VII. ORDERING CLAUSES...................................................................................................................... 97 APPENDIX A - List of Commenters APPENDIX B - Final Rules APPENDIX C - Final Regulatory Flexibility Analysis for the Report and Order APPENDIX D - Initial Regulatory Flexibility Analysis for the Further Notice I. INTRODUCTION 1. Pursuant to the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”),1 this Report and Order adopts rules requiring that emergency information2 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. Section 202 of the CVAA directs the Commission to promulgate rules requiring video programming providers, video programming distributors, and program owners3 to convey emergency information in a manner accessible to individuals who are blind or visually impaired.4 The Report and Order implements 1 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 foregoing are collectively referred to herein as the CVAA. The CVAA was enacted on October 8, 2010. 2 The CVAA directed the Federal Communications Commission (“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). 3 Section 79.1 of the Commission’s rules defines the terms “video programming distributor” and “video programming provider.” 47 C.F.R. §§ 79.1(a)(2)-(3). It does not define the term “program owner.” 4 47 U.S.C. § 613(g)(2). 2 Federal Communications Commission FCC 13-45 this mandate by requiring the use of a secondary audio stream5 to convey televised emergency information aurally, when such information is conveyed visually during programming other than newscasts, for example, in an on-screen crawl.6 This requirement, which has widespread industry support, will serve the public interest by ensuring that televised emergency information is accessible to individuals who are blind or visually impaired. Further, as directed by Section 203 of the CVAA, the Report and Order requires certain apparatus that receive, play back, or record video programming to make available video description7 services and accessible emergency information.8 Specifically, as explained in more detail below, the apparatus rules require that certain apparatus make available the secondary audio stream, which is currently used to provide video description and which will be used to provide aural emergency information. The apparatus requirements will benefit individuals who are blind or visually impaired by ensuring that apparatus on which consumers receive, play back, or record video programming are capable of accessing emergency information and video description
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