David Oxenford

By: David Oxenford, Wilkinson Barker Knauer

Since 2015, TV broadcasters that transmit any emergency information visually in text during non-news programming have been required to convert that information into an audio broadcast on a station’s Secondary Audio Programming channel (its “SAP channel”).  The SAP channels are usually used for Spanish and other non-English translations of the audio on TV programs.  As we have written before (see our articles here, here, here and here), TV stations are required to take textual information (like textual crawls) containing information about a current emergency and to provide those messages in audio on SAP channels so that visually impaired viewers can get the emergency information. The blind and other individuals with visual impairments are notified of the emergency information that is contained in a crawl by audible tones that stations air when they are providing such information during a non-news program.

The rule also provides that TV stations must describe non-textual emergency information (like weather radar images) on the SAP channel when they appear during non-news programming.  But because broadcasters have no way to make such a conversion of graphic images into speech (short of having a person sitting in the studio at all times to make the audio description live if and when necessary), the FCC has agreed on multiple occasions to delay the effective date of that requirement – most recently until November 26, 2024 (see our note in a weekly update here).  With that deadline now looming, and with no obvious technical solutions to make such descriptions available automatically, the NAB last week filed a Petition for Rulemaking and Extension of Waiver asking that the FCC further extend the effective date by 18 months while it considers new rule proposals for making this information available.  The NAB notes that, as there is no technical solution on the immediate horizon that can timely provide reliable descriptions of graphical information, if some relief is not granted, stations will be forced to stop providing emergency information in graphical form outside of their news programming.

Thus, the FCC requests that compliance with the rule be put on hold for 18 months while the NAB Petition for Rulemaking is considered.  The NAB’s petition asks that the FCC change the rule to allow broadcasters to meet the requirements if they provide “textual crawls that provide emergency information duplicative or equivalent to the information conveyed by the visual image.”  This would presumably mean that if there is a map showing a tornado warning over Jones County, the text crawl on screen would say “there is a tornado warning for Jones County,” and that textual message would be converted into speech (using the text to speech technology that is already required) so that those listening to the SAP channel will get the import of the emergency warning even if the SAP channel does not fully describe the content of the weather radar or other graphical image on the screen.

In addition, the NAB has created a draft “best practices” guide for complying with the proposed rule changes.  That best practices guide was attached to its Petition for Rulemaking.

With the deadline looming, we would hope that the FCC acts quickly on this request while it considers practical ways in which to make this emergency information available.

David Oxenford is MAB’s Washington Legal Counsel and provides members with answers to their legal questions with the MAB Legal Hotline. Access information here. (Members only access). There are no additional costs for the call; the advice is free as part of your MAB membership.