Goto Section: 79.2 | 79.4 | Table of Contents
FCC 79.3
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 79.3 Video description of video programming.
(a) Definitions. For purposes of this section the following definitions
shall apply:
(1) Designated Market Areas (DMAs). Unique, county-based geographic areas
designated by The Nielsen Company, a television audience measurement
service, based on television viewership in the counties that make up each
DMA.
(2) Video programming provider. Any video programming distributor and any
other entity that provides video programming that is intended for
distribution to residential households including, but not limited to,
broadcast or nonbroadcast television networks and the owners of such
programming.
(3) Video description/Audio Description. The insertion of audio narrated
descriptions of a television program's key visual elements into natural
pauses between the program's dialogue.
(4) Video programming. Programming provided by, or generally considered
comparable to programming provided by, a television broadcast station, but
not including consumer-generated media.
(5) Video programming distributor. Any television broadcast station licensed
by the Commission and any multichannel video programming distributor (MVPD),
and any other distributor of video programming for residential reception
that delivers such programming directly to the home and is subject to the
jurisdiction of the Commission.
(6) Prime time. The period from 8 to 11 p.m. Monday through Saturday, and 7
to 11 p.m. on Sunday local time, except that in the central time zone the
relevant period shall be between the hours of 7 and 10 p.m. Monday through
Saturday, and 6 and 10 p.m. on Sunday, and in the mountain time zone each
station shall elect whether the period shall be 8 to 11 p.m. Monday through
Saturday, and 7 to 11 p.m. on Sunday, or 7 to 10 p.m. Monday through
Saturday, and 6 to 10 p.m. on Sunday.
(7) Live or near-live programming. Programming performed either
simultaneously with, or recorded no more than 24 hours prior to, its first
transmission by a video programming distributor.
(8) Children's Programming. Television programming directed at children 16
years of age and under.
(b) The following video programming distributors must provide programming
with video description as follows:
(1) Commercial television broadcast stations that are affiliated with one of
the top four commercial television broadcast networks (ABC, CBS, Fox, and
NBC), and that are licensed to a community located in the top 25 DMAs, as
determined by The Nielsen Company as of January 1, 2011, must provide 50
hours of video description per calendar quarter, either during prime time or
on children's programming, on each programming stream on which they carry
one of the top four commercial television broadcast networks. If a station
in one of these markets becomes affiliated with one of these networks after
the effective date of these rules, it must begin compliance with these
requirements no later than three months after the affiliation agreement is
finalized;
(2) Beginning July 1, 2015, commercial television broadcast stations that
are affiliated with one of the top four commercial television broadcast
networks (ABC, CBS, Fox, and NBC), and that are licensed to a community
located in the top 60 DMAs, as determined by The Nielsen Company as of
January 1, 2015, must provide 50 hours of video description per calendar
quarter, either during prime time or on children's programming, on each
programming stream on which they carry one of the top four commercial
television broadcast networks. If a station in one of these markets becomes
affiliated with one of these networks after July 1, 2015, it must begin
compliance with these requirements no later than three months after the
affiliation agreement is finalized;
(3) Television broadcast stations that are affiliated or otherwise
associated with any television network must pass through video description
when the network provides video description and the broadcast station has
the technical capability necessary to pass through the video description,
unless it is using the technology used to provide video description for
another purpose related to the programming that would conflict with
providing the video description;
(4) Multichannel video programming distributor (MVPD) systems that serve
50,000 or more subscribers must provide 50 hours of video description per
calendar quarter during prime time or children's programming, on each
channel on which they carry one of the top five national nonbroadcast
networks, as defined by an average of the national audience share during
prime time of nonbroadcast networks that reach 50 percent or more of MVPD
households and have at least 50 hours per quarter of prime time programming
that is not live or near-live or otherwise exempt under these rules.
Initially, the top five networks are those determined by The Nielsen
Company, for the time period October 2009-September 2010, and will update at
three year intervals. The first update will be July 1, 2015, based on the
ratings for the time period October 2013-September 2014; the second will be
July 1, 2018, based on the ratings for the time period October
2016-September 2017; and so on; and
(5) Multichannel video programming distributor (MVPD) systems of any size:
(i) Must pass through video description on each broadcast station they
carry, when the broadcast station provides video description, and the
channel on which the MVPD distributes the programming of the broadcast
station has the technical capability necessary to pass through the video
description, unless it is using the technology used to provide video
description for another purpose related to the programming that would
conflict with providing the video description; and
(ii) Must pass through video description on each nonbroadcast network they
carry, when the network provides video description, and the channel on which
the MVPD distributes the programming of the network has the technical
capability necessary to pass through the video description, unless it is
using the technology used to provide video description for another purpose
related to the programming that would conflict with providing the video
description.
(c) Responsibility for and determination of compliance. (1) The Commission
will calculate compliance on a per channel, and, for broadcasters, a per
stream, calendar quarter basis, beginning with the calendar quarter July 1
through September 30, 2012.
(2) In order to meet its fifty-hour quarterly requirement, a broadcaster or
MVPD may count each program it airs with video description no more than a
total of two times on each channel on which it airs the program. A
broadcaster or MVPD may count the second airing in the same or any one
subsequent quarter. A broadcaster may only count programs aired on its
primary broadcasting stream towards its fifty-hour quarterly requirement. A
broadcaster carrying one of the top four commercial television broadcast
networks on a secondary stream may count programs aired on that stream
toward its fifty-hour quarterly requirement for that network only.
(3) Once a commercial television broadcast station as defined under
paragraph (b)(1) of this section has aired a particular program with video
description, it is required to include video description with all subsequent
airings of that program on that same broadcast station, unless it is using
the technology used to provide video description for another purpose related
to the programming that would conflict with providing the video description.
(4) Once an MVPD as defined under paragraph (b)(3) of this section:
(i) Has aired a particular program with video description on a broadcast
station it carries, it is required to include video description with all
subsequent airings of that program on that same broadcast station, unless it
is using the technology used to provide video description for another
purpose related to the programming that would conflict with providing the
video description; or
(ii) Has aired a particular program with video description on a nonbroadcast
network it carries, it is required to include video description with all
subsequent airings of that program on that same nonbroadcast network, unless
it is using the technology used to provide video description for another
purpose related to the programming that would conflict with providing the
video description.
(5) In evaluating whether a video programming distributor has complied with
the requirement to provide video programming with video description, the
Commission will consider showings that any lack of video description was de
minimis and reasonable under the circumstances.
(d) Procedures for exemptions based on economic burden. (1) A video
programming provider may petition the Commission for a full or partial
exemption from the video description requirements of this section, which the
Commission may grant upon a finding that the requirements would be
economically burdensome.
(2) The petitioner must support a petition for exemption with sufficient
evidence to demonstrate that compliance with the requirements to provide
programming with video description would be economically burdensome. The
term “economically burdensome” means imposing significant difficulty or
expense. The Commission will consider the following factors when determining
whether the requirements for video description would be economically
burdensome:
(i) The nature and cost of providing video description of the programming;
(ii) The impact on the operation of the video programming provider;
(iii) The financial resources of the video programming provider; and
(iv) The type of operations of the video programming provider.
(3) In addition to these factors, the petitioner must describe any other
factors it deems relevant to the Commission's final determination and any
available alternative that might constitute a reasonable substitute for the
video description requirements. The Commission will evaluate economic burden
with regard to the individual outlet.
(4) The petitioner must file an original and two (2) copies of a petition
requesting an exemption based on the economically burdensome standard in
this paragraph, and all subsequent pleadings, in accordance with § 0.401(a)
of this chapter.
(5) The Commission will place the petition on public notice.
(6) Any interested person may file comments or oppositions to the petition
within 30 days of the public notice of the petition. Within 20 days of the
close of the comment period, the petitioner may reply to any comments or
oppositions filed.
(7) Persons that file comments or oppositions to the petition must serve the
petitioner with copies of those comments or oppositions and must include a
certification that the petitioner was served with a copy. Parties filing
replies to comments or oppositions must serve the commenting or opposing
party with copies of such replies and shall include a certification that the
party was served with a copy.
(8) Upon a finding of good cause, the Commission may lengthen or shorten any
comment period and waive or establish other procedural requirements.
(9) Persons filing petitions and responsive pleadings must include a
detailed, full showing, supported by affidavit, of any facts or
considerations relied on.
(10) The Commission may deny or approve, in whole or in part, a petition for
an economic burden exemption from the video description requirements.
(11) During the pendency of an economic burden determination, the Commission
will consider the video programming subject to the request for exemption as
exempt from the video description requirements.
(e) Complaint procedures. (1) A complainant may file a complaint concerning
an alleged violation of the video description requirements of this section
by transmitting it to the Consumer and Governmental Affairs Bureau at the
Commission by any reasonable means, such as letter, facsimile transmission,
telephone (voice/TRS/TTY), e-mail, audio-cassette recording, and Braille, or
some other method that would best accommodate the complainant's disability.
Complaints should be addressed to: Consumer and Governmental Affairs Bureau,
445 12th Street, SW., Washington, DC 20554. A complaint must include:
(i) The name and address of the complainant;
(ii) The name and address of the broadcast station against whom the
complaint is alleged and its call letters and network affiliation, or the
name and address of the MVPD against whom the complaint is alleged and the
name of the network that provides the programming that is the subject of the
complaint;
(iii) A statement of facts sufficient to show that the video programming
distributor has violated or is violating the Commission's rules, and, if
applicable, the date and time of the alleged violation;
(iv) The specific relief or satisfaction sought by the complainant;
(v) The complainant's preferred format or method of response to the
complaint (such as letter, facsimile transmission, telephone
(voice/TRS/TTY), Internet email, or some other method that would best
accommodate the complainant's disability); and
(vi) A certification that the complainant attempted in good faith to resolve
the dispute with the broadcast station or MVPD against whom the complaint is
alleged.
(2) The Commission will promptly forward complaints satisfying the above
requirements to the video programming distributor involved. The video
programming distributor must respond to the complaint within a specified
time, generally within 30 days. The Commission may authorize Commission
staff either to shorten or lengthen the time required for responding to
complaints in particular cases. The answer to a complaint must include a
certification that the video programming distributor attempted in good faith
to resolve the dispute with the complainant.
(3) The Commission will review all relevant information provided by the
complainant and the video programming distributor and will request
additional information from either or both parties when needed for a full
resolution of the complaint.
(i) The Commission may rely on certifications from programming suppliers,
including programming producers, programming owners, networks, syndicators
and other distributors, to demonstrate compliance. The Commission will not
hold the video programming distributor responsible for situations where a
program source falsely certifies that programming that it delivered to the
video programming distributor meets our video description requirements if
the video programming distributor is unaware that the certification is
false. Appropriate action may be taken with respect to deliberate
falsifications.
(ii) If the Commission finds that a video programming distributor has
violated the video description requirements of this section, it may impose
penalties, including a requirement that the video programming distributor
deliver video programming containing video description in excess of its
requirements.
(f) Private rights of action are prohibited. Nothing in this section shall
be construed to authorize any private right of action to enforce any
requirement of this section. The Commission shall have exclusive
jurisdiction with respect to any complaint under this section.
[ 76 FR 55604 , Sept. 8, 2011, as amended at 76 FR 68118 , Nov. 3, 2011]
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Goto Section: 79.2 | 79.4
Goto Year: 2014 |
2016
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