WASHINGTON, D.C.—With a Nov. 26 deadline looming for the implementation of new Emergency Alert rules, the National Association of Broadcasters has filed a brief seeking a delay in implementing a requirement that broadcasters provide an audio translation of non-textual elements of emergency alerts, such as maps and graphics, so that the material is accessible to people with visual disabilities.
The FCC’s rulemaking regarding Section 79.2(b)(2)(ii) of its rules requires that visual, non-textual emergency information (e.g., weather radar maps) provided during non-newscast video programming be made aurally accessible on a station’s secondary audio program (SAP) channels.
The rule was adopted on April 8, 2013, with an original effective date of May 26, 2015, but has been waived and delayed several times “to the present day because a technical solution for automated descriptions of the information in such graphics does not exist,” the NAB said in a Nov. 15 filing. The current waiver expires Nov. 26.
In its filing, the NAB argued, “it remains impossible for stations to continue to provide important emergency information to viewers while complying with the audible crawl rule as written … Broadcasters are extremely proud of their emergency operations and have significant concerns for the public if the audible crawl rule takes effect.
“The FCC has stated that, if a station displays a visual image that conveys information duplicative of that provided in text crawls, it need not take additional steps to comply with the audible crawl rule,” the filing continued. “However, the rule itself is much less clear. Given the fear of significant enforcement fines and/or penalties, many stations feel compelled to apply the most cautious reading of the rule, which would require stations to directly or exactly aurally describe the information in moving images by converting the images to speech. However, that process is currently technologically impossible. Also, the rule does not mention that compliance can be met by running separate text crawls that provide equivalent information. The result is that many broadcasters will cease providing this important service rather than risk an FCC enforcement action.”
In the filing, the NAB asked for another 18-month extension of the existing waiver and urged “the FCC to concurrently reform the underlying rule. In particular, NAB requests a change to the audible crawl rule to specify that compliance is fulfilled if a station provides textual crawls that provide emergency information duplicative or equivalent to the information conveyed by the visual image. We believe this approach would provide a more practical, permanent resolution of this decade-long quandary and afford broadcasters the regulatory certainty needed to continue displaying such graphics while ensuring access to emergency information.”
To help with the rulemaking, the NAB has created a “draft best practices guide to help ensure that the content and frequency of text crawls provide access to emergency information equivalent to that conveyed by a visual image. NAB has shared the draft best practices with advocates for blind and low-vision individuals and looks forward to incorporating their input in the final product.”
The draft is available here.
“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,” the NAB concluded.
