FCC Sets New Rules For Video Descriptions

Affiliates of the Big Four broadcast networks in the top 25 markets and five cable networks — USA, Disney Channel, TNT, TBS and Nickelodeon — must provide 50 hours a week of voiceovers describing scenes, costumes, action and other "key visual elements" in programs. The rules take affect Oct. 8, but the stations and networks have until July 1, 2012 to be in full compliance.

As mandated by law, the FCC is promulgating new rules requiring Big Four affiliates in the top 25 markets to provide video descriptions for the blind on 50 hours of primetime or children’s programming each quarter — about four hours a week.

Cable systems with more than 50,000 subscribers must also provide 50 hours of descriptions on each of the five “most popular” cable networks without a lot of “live or near-live” programming, according to the rules, which were adopted yesterday by a unanimous vote of the four FCC commissioners, but not released until just before noon ET today.

For the sake of blind viewers, video descriptions are voiceovers that describe scenes, costumes, action and other “key visual elements” in programs during natural pauses in the dialog. The voiceovers are audible only to those who choose to listen to sound tracks containing them.

Based on ratings for the year beginning October 2009, the rules specify USA, Disney Channel, TNT, TBS and Nickelodeon as the networks that must be offered with descriptions. The rules say the list of popular networks must be updated every three years.

The rules also require that all TV stations and cable systems pass through any and all video descriptions provided by networks if they have the technical ability to do so.

The new rules go into effect on Oct. 8, but affected stations and cable systems have until July 1, 2012, to come into “full compliance.”

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In adopting the rules, the FCC is carrying out provisions of the 21st Century Communications and Video Accessibility Act, which was enacted by Congress last year.

That law, in turned, resurrected rules that were adopted by the FCC in 2000, but struck down by a federal appeals court that found that the FCC had overstepped its authority.

For purposes of descriptions, children’s programming is defined as programming directed to children 16 and under.

The rules extend the video-description requirement to Big Four affiliates in the 60 largest markets beginning on July 1, 2015. 

“In providing video description, America’s blind community will not only be able to enjoy the entertainment that video content providers offer, but they will also be part of the conversations around it,” said FCC Commissioner Mignon Clyburn in a statement.

“I want to stress this, as I can imagine how left out a visually-impaired child feels when his or her classmates are discussing what happened on a popular show the night before, and to not be a part of that conversation or be able to follow along,” she added.

“The same is true for blind adults, for whom the proverbial water cooler chats about TV shows hold little meaning or enjoyment. This item will assist those individuals in getting even closer to the mainstream when it comes to popular culture, and we are a better and more complete nation for it.”

Commissioner Michael Copps said that he would have preferred that the requirements kick in sooner.


Comments (5)

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Teal Gennaro says:

August 25, 2011 at 4:44 pm

Hey FCC, thanks for not thinking of those blind or visually impaired viewers living in markets 61+. And it’s great that you’re basing the cable requirements on data that’s almost two years old. Oh, it’s nice to give the CW, MyNet and other non-network stations a pass on this, regardless of market size. I guess those viewers won’t be able to fully enjoy the “conversations around the water cooler” thanks to the short-sightedness (no pun intended) of the FCC. So where do I apply for the video description job for Sponge Bob?

Ellen Samrock says:

August 25, 2011 at 5:13 pm

Thankfully Mike Copps is retiring the end of this year. That guy has been toxic for broadcasters. LPTV has not been left out of the video description rules but only until the stations transition to digital. At least the FCC acknowledged the LPTV service as broadcasters.

Krista Prescott says:

August 26, 2011 at 10:46 am

Okay.. First I did have a family member who was blind (she passed away). Second.. it’s TV and blindness is called a “handicap” because there are simple things that you are not capable of (like seeing a TV). Visual descriptions are an enormous burdon on TV stations (and useless to about 97% to 99% of TV viewers!) What about visual descriptions on all the internet stuff? Why not them? Hey, technology would EASILY allow for narrative on EVERY published book with the simple addition of a chip. How about MANDATING all publishers make an audio version? Oh.. and radio can EASILY transmit the words to songs. How about FORCING radio statons to add closed captioning for the hearing imparred “listener”? Good lord.. let’s calm down on the damn political correctness. My blind great grandma listened to the TV with no problem… and without “narrative description”. It’s called a fricken handicap because it limits what the person can do versus the rest of society. Sorry. But that is the way it is. Development of electronic implants for visual and hearing imparred people with someday give them what they’ve lost, but the world can’t change for these people. We can add things to meet their real needs, but when has someone NEEDED TV or visual descriptions. Holy mackeral… how in the world did people listen to the old radio theater stuff without someone describing what visually was missing from radio theaters and dramas??!!! TV stations work with a much tighter budget, are taxed out the wazoo by the government, contribute to the community through their interaction from fund raising to EAS messages, were FORCED to go digital (only to now.. only a few years later… have the government say “we want to auction that spectrum because very few people are watching over the air and Microsoft/AT&T/”insert provider here” want to CHARGE you for that spectrum but will pay the government more money)… and now TV station are burdoned with narrative descriptions??? What the F! First.. Our government is so royally screwed up that they create “The CALM act” (because TV commercials are too loud and we know how deathly critical that is to people and their lives!!), and now this narrative description??!!! Hey, anyone tell our government there may be a few other things more important to U.S. citizens and the rest of the world??? Say… like… being in TWO WARS and numerous “involvements” at the moment; people losing their houses to foreclosure and cities like Detroit and Cleveland having hundreds to THOUSANDS of abandoned, run-down, rat-infested houses); poorly educated American kids and college tuition so expensive that only the wealthy will get a higher education; a major lack of jobs and so many Americans unemployed (and those who have been unemployed so long that their unemployment has run out that THEY AREN’T EVEN COUNTED AS UNEMPLOYED!!); terrorism; former McDonalds employees working as “TSA” agents and “groping” old people and kids in the airport in the name of “Homeland Security”; and our other freedoms disappearing quicker than the value of our 401k plans??? I’m sick and tired of our government WASTING time doing ANYTHING other than focusing on serious issues. They grab the little things, create a law, and pat themself on the back for “a job well done”.

Steve Karnowski says:

August 26, 2011 at 11:15 am

Thumbs up on the comments from “Dover”. I can’t believe they print primetime and children’s programming in the same breath. It’s hard as heck to make money in kids programming time periods on the networks, and this is simply another financial burden on producers and distributors who are in reality in a service business. There is a tremendous discrepency between the earning power of primetime and the time slots devoted to E/I. In my opinion, E/I shows should be exempt from this rule. Once again, I predict, we’ll get stuck with the cost. The only reason E/I exists is because it’s mandated.

C C says:

October 4, 2011 at 6:06 pm

I work for an Audio Description company and work in Los Angeles. I’ve had meetings with the CW network and they are keen to get involved with Audio Describing their shows despite not being mandated..so if there is a network which you want to have audio described then get in touch with them and let them know. the more vocal you are the more chance there is of actually getting audio description on the network. Especially with the CW Network, which is a relatively small network, they def. pay attention to what people want. so write to them!