WASHINGTON—The Federal Communications Commission’s Media Bureau has issued a reminder that stations in DMAs 111 through 120 must implement its audio description rules by Jan. 1, 2026.

The FCC's 2023 Audio Description Order expands the commission’s audio description rules to an additional 10 designated market areas (DMAs) per year until all areas are included.

As previously reported, audio description aims to makes video programming more accessible to individuals who are blind or visually impaired through “[t]he insertion of audio narrated descriptions of a television program’s key visual elements into natural pauses between the program’s dialogue,” the FCC said.

The commission’s audio description rules require certain television broadcast stations and multichannel video programming distributors (MVPDs) to provide audio description for a portion of the video programming they televise to consumers.

The geographical areas impacted by the rules are DMAs determined by Nielsen as of Jan. 1, 2023. Those markets are:

• 1. Tyler-Longview (Lufkin & Nacogdoches), Texas
• 2. Sioux Falls (Mitchell), S.D.
• 3. Fargo, N.D.
• 4. Springfield-Holyoke, Mass.
• 5. Lansing, Mich.
• 6. Youngstown, Ohio
• 7. Yakima-Pasco-Richland-Kennewick, Wash.
• 8. Traverse City-Cadillac, Mich.
• 9. Eugene, Ore.
• 10. Macon, Ga.

For general information about audio description, visit www.fcc.gov/audio-description.

WASHINGTON—The Federal Communications Commission’s Media Bureau has issued a reminder that stations in TV markets 101 to 110 must implement its new audio description rules by Jan. 1.

On Oct. 17, 2023, the FCC adopted the 2023 Audio Description Order, which continues expansion of its audio description rules to an additional 10 designated market areas (DMAs) per year until all markets are included.

The audio description rules are designed to make video programming more accessible to individuals who are blind or visually impaired through “[t]he insertion of audio narrated descriptions of a television program’s key visual elements into natural pauses between the program’s dialogue,” the FCC said.

FCC audio description rules require certain television broadcast stations and multichannel video programming distributors (MVPDs) to provide the audio description for a portion of the video programming they televise to consumers, the FCC said.

The FCC also noted that, as set forth in the 2023 Audio Description Order, compliance deadlines going forward will apply to the relevant DMAs as determined by Nielsen as of Jan. 1, 2023. Under that procedure, the rules will extend to the following DMAs on Jan. 1:

1. Tri-Cities, Tennessee-Virginia
2. Reno, Nevada
3. Greenville-New Bern-Washington, North Carolina
4. Davenport-Rock Island-Moline, Iowa
5. Tallahassee, Florida-Thomasville, Georgia
6. Lincoln & Hastings-Kearney, Nebraska
7. Evansville, Indiana
8. Ft. Wayne, Indiana
9. Johnstown-Altoona-State College, Pennsylvania

WASHINGTON, D.C.—The FCC has granted a petition by Warner Bros. Discovery’s TNT and TBS networks for a limited waiver of the FCC’s audio description rules. In making the decision, the FCC noted that the petition was not opposed and that the networks had committed to providing a large amount of programming with audio descriptions. It also said that the American Council for the Blind and the National Federation of the Blind consented to the grant of the waiver.

“Specifically, WBD requests that the Commission grant TBS and TNT, two of the top five nonbroadcast networks, a limited waiver of section 79.3(b)(4) of the Commission’s audio description rules, subject to certain conditions,” the FCC noted in its description. “Because WBD has made a commitment to provide a substantial amount of audio description on TBS and TNT, as well as on TruTV, that exceeds the current quarterly requirement, and because the unopposed Petition has the support of advocates for blind and visually impaired consumers, we grant the limited waiver for TBS and TNT.” 

In the decision, which is available here, the FCC also said that “WBD’s proposed conditions for TBS are comparable to the ones granted in the 2021 TBS Order. We also acknowledge that WBD has committed to providing additional audio described programming on its affiliate network, TruTV. Specifically, TruTV will audio describe all newly produced, non-live programming aired between 6:00 a.m. and midnight ET within three business days of receipt for scripted programming, and within seven business days of receipt for non-scripted programming.   Regarding TNT, WBD’s proposal of 2,500 hours per calendar year of audio described programming without regard to the number of repeats exceeds the minimum hours required by the rules  and is `tailored to reflect the greater amount of repeat, live, and near-live programming on TNT’ as compared to TBS.   As with TruTV, TNT also will audio describe all newly produced, non-live programming aired between 6:00 a.m. and midnight ET within three business days of receipt for scripted programming, and within seven business days of receipt for non-scripted programming. Moreover, we take notice of WBD’s indication that the American Council for the Blind and the National Federation of the Blind consent to the grant of the waiver.   We find that granting WBD’s Petition, with the aforementioned conditions, has the potential to expand accessible content for viewers who are blind or visually impaired.”

WASHINGTON—The FCC is seeking public comment on adding more markets to its audio description rules for TV stations, voting unanimously to approve a Further Notice of Proposed Rulemaking (FNPRM) on Thursday. 

The rules, which have been in place since the passage of the  Twenty-First Century Communications and Video Accessibility Act of 2010, originally applied to stations in the Top 60 Neilsen markets. At the time of passage, Congress gave the commission the authority to add 10 more markets per year, “if it determines that the costs for program owners, providers, and distributors in those additional markets are reasonable.”

In 2020, the commission voted to extend the rules to 40 more markets, with 10 new markets added per year until 2024. In its vote this week, the commission proposed adding 10 more annually until all 210 DMAs fell under the audio description mandate, with all markets covered by 2035.

Targeting the blind and visually impaired, audio description for TV involves adding narrative during programming in which dialogue is not occurring, describing scenes, action and other non-verbal aspects. 

FCC Chair Jessica Rosenworcel has a long history with the technology.

“It was more than a decade ago that Congress made audio description generally available when it passed the Twenty-First Century Communications and Video Accessibility Act,” she said. ”It’s a law I know well because I worked on it as counsel to the United States Senate Committee on Commerce, Science and Transportation. When it was passed, it required that the Commission make audio description available on programming in the largest 60 television markets across the country. A little over two years ago, the Commission expanded this requirement …  Today we propose to finish the job by reaching all 210 markets in the United States.”

Deadline for public comment is not yet known and the commission take a final vote prior to the new changes.

WASHINGTON D.C.—The FCC’s Media Bureau has issued a reminder to TV broadcasters in DMAs 81 to 90 that new audio description rules will be phased in on January 1, 2023. 

The new rules are part of the 2020 Audio Description Order, which was adopted in October of 2020 and expanded the Commission’s audio description rules.

The FCC’s audio description rules require certain television broadcast stations and multichannel video programming distributors (MVPDs) to provide audio description for a portion of the video programming they televise to consumers. The 2020 Audio Description Order expanded the availability of audio description by phasing the requirements in for an additional 10 designated market areas (DMAs) each year for four years, the FCC noted. 

As part of the phase-in process, the Commission’s audio description rules extended to DMAs 61 through 70 as of January 1, 2021, and to DMAs 71 through 80 on January 1, 2022. 

Those rules are now being extended to DMAs 81 to 90 on January 1, 2023, the FCC said. 

As set forth in the 2020 Audio Description Order, the expansion of the audio description rules applies to the relevant DMAs as determined by The Nielsen Company as of January 1, 2020, the FCC said.

That means the audio description rules will extend to the following DMAs ranked 81 to 90 on January 1, 2023:

• Madison
• Waco-Temple-Bryan
• Harlingen-Weslaco-Brownsville-McAllen
• Paducah-Cape Girardeau-Harrisburg
• Colorado Springs-Pueblo
• Shreveport
• Syracuse
• Champaign and Springfield-Decatur
• Savannah
• Cedar Rapids-Waterloo-Iowa City and Dubuque

 As part of the reminder, the FCC noted that broadcasters can request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format) by sending an e-mail to fcc504@fcc.gov or calling the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).

For general information about audio description, visit www.fcc.gov/audio-description, the FCC noted.  For further information regarding this proceeding, contact Diana Sokolow, Policy Division, Media Bureau, 202-418-2120.

BOSTON—3Play Media, a provider of video accessibility services, including captioning, subtitling and audio description, announced today that as part of its acquisition of Captionmax, a provider of live and recorded captioning, localization, and audio description, it has been fully integrated into the 3Play Media brand. National Captioning Canada (NCC), the largest live captioning provider in Canada and a subsidiary of Captionmax, was also acquired and has been rebranded as 3Play Media Canada, the company said.

“We are thrilled to bring Captionmax and NCC into the 3Play Media family. From the very beginning, it was clear that all 3 of our businesses were aligned around a few critical values: delivering peace of mind, meeting our customers where they are, and being trusted advisors in the space of media accessibility. This shared DNA enables us to deliver the most robust media accessibility platform on the market today and has exciting ramifications for our customers, particularly those in the media and enterprise sectors, including Canada, where we are able to deepen our expertise and relationships,” Josh Miller, co-founder and co-CEO, 3Play Media said. “With all our collective capabilities under the 3Play Media umbrella, no other company in the market can deliver the scale and reliability of the 3Play offering, cementing our position as the leader in quality media accessibility services in North America.”

With the integration, 3Play Media says it now offers “the widest breadth of offerings for media accessibility services in North America,” providing closed captioning, live captioning, transcription, broadcast scripting, audio description, subtitling & translation services, and an interactive media player. The brand integration’s first phase includes the launch of a partner program and the addition of post-production tools like voice artist audio description, expert caption styling, and broadcast scripting to the 3Play platform.

“By incorporating Captionmax into the 3Play Media brand, we are now able to deliver a high-end, highly customizable and scalable solution for post-production and broadcast live services to our media clients,” Chris Antunes, co-founder and co-CEO, 3Play Media, said. “For the first time, all the tools broadcasters and post-production studios need will be available in a centralized, platform-based solution, allowing 3Play Media to provide the most innovative solutions to support the media and entertainment industry.”

3Play Media Canada will remain focused exclusively on the Canadian market, providing the region with its own business development and account teams that understand the inherent needs of Canadian broadcasters, corporate entities, government agencies, and educational institutions.

“3Play Media Canada will continue to follow the path set by NCC for more than 30 years when it started delivering accessibility solutions to Canadian broadcasters,” said Melina Nathanail, President of 3Play Media Canada. “Having run NCC as a family business for that period of time, I couldn’t be more excited to adopt the 3Play brand, joining a team that feels like a family and has the same passion for accessibility that has driven us all these years to deliver the best to the Canadian market.”

“The synergies between 3Play Media and Captionmax - and how both of our customer bases benefit from this relationship - are obvious, making the rebrand a natural transition,” Truck Morrison, SVP of Corporate Development, 3Play Media, said. “3Play’s deep expertise in technology-driven accessibility at scale combined with our own history with live broadcast creates a compelling, complete media solution that cements 3Play as the most robust media accessibility provider in North America.”

To recognize and celebrate the integration of both brands, 3Play Media will host a virtual public event open to anyone on September 29, 2022. For more information, please visit: https://www.3playmedia.com/rebrand-celebration/.

NEW YORK—CBS, The Broadway League and the American Theatre Wing have announced that they will be broadening access to "The 75th Annual Tony Awards" by providing for the first time an audio description of the live telecast. 

The addition of audio description, which provides audio-narrated descriptions of a program's key visual elements, ensures that viewers who are blind and have low-vision will be able to take in all the action occurring on the screen, and provides a much richer experience of the event. 

The audio description will be provided on the Secondary Audio Programming (SAP) channel by VITAC and Audio Eyes.

Live from the legendary Radio City Music Hall in New York and hosted by Academy Award winner and Tony nominee Ariana DeBose, "The 75th Annual Tony Awards" will be broadcast Sunday, June 12 on the CBS Television Network, and available to stream live and on demand on Paramount+. 

The audio description on Paramount+ will only be included in post-live air streams.

CBC noted that it has been providing audio descriptions since April 1, 2002 and that the network offers audio description with nearly all its regularly scheduled scripted primetime programs, all movies, selected specials and the entire CBS Dream Team Saturday morning block of educational/informational children's programming.

"For over 20 years, CBS has continually improved upon and increased the availability of audio description in our programming. We are proud to be able to offer `The 75th Annual Tony Awards’ to an even wider and more inclusive audience," said Mark Turits, vice president of captioning and audio description at Paramount Global.

The Tony Awards, which honor theater professionals for distinguished achievement on Broadway, is presented by The Broadway League and the American Theatre Wing and has been broadcast on CBS since 1978.

Audio Eyes is a partnership of audio engineers, producers, accessibility experts, blind professionals and audio description professionals who are passionate about providing high quality services in a creative, inclusive work environment. 

The Audio Eyes production team has more than a decade of experience providing live audio description in theaters as well as recorded audio description for broadcast television networks, nationally distributed DVDs, government agencies and private entities. 

VITAC, a Verbit company, is the largest provider of accessible video products and services in North America. Responsible for captioning hundreds of thousands of programming hours each year, its customers include every broadcast company and most cable networks, as well as Fortune 1000 corporations, educational institutions, government agencies, plus stadiums and arenas.

LOS ANGELES—The HBO Max streaming platform now features nearly 1,500 hours of audio-described content for the audio and visually impaired, the first part of a previous commitment to increasing accessibility to HBO Max, according to a press release from the American Council for the Blind (ACB).

ACB says that it—along with the Massachusetts-based Bay State Council of the Blind (BSCB) and individual claimants—struck a deal with HBO Max in October 2020 to provide more accessible content.

In this first rollout of audio-described content, 1,500 hours of HBO originals, HBO Max originals, Warner Bros. films and some acquired content is now available on HBO Max’s web and mobile platforms. An audio description category will be prominently displayed in the navigation menu.

Some of the content that now features audio descriptions include “His Dark Materials,” “Genera+ion,” “Batman v. Superman: Dawn of Justice,” “Dunkirk,” “Euphoria,” “Love Life,” “Sesame Street” and more.

There will also be improvements for those who are blind or have low vision and use screen reader software to navigate and interact with digital content. Screen reader software can render content on the screen as either large print, synthetic text-to-speech or as digital braille on a braille display.

New articles on the HBO Max site are designed to support customers with disabilities, including providing instructions on how to perform certain tasks. HBO Max customer service specialists will also be trained to help better support customers with disabilities.

HBO Max plans to make audio description available across all supported internet-connected TVs at some point later this year. Audio descriptions are also being created for all HBO Max original series. By the end of March 2022, HBO Max expects to have 3,000 hours of audio description content, and at least 6,000 by the end of March 2023. Similar advancements are expected for the visually impaired over the next few months and years.

Earlier this month, advocates for the audio and visually impaired met with the FCC to lobby for improved accessibility, including making audio description a requirement for streaming services. 

WASHINGTON—As streaming continues to grow around the world, the audio and visually impaired communities don’t want to be left behind. In a meeting in early March, representatives for these communities met with the FCC to discuss how to improve accessibility issues for streaming and beyond.

A letter recapping the meeting between representatives from multiple organizations representing the deaf, hard of hearing and blind communities with Acting FCC Chairwoman Jessica Rosenworcel was filed with the commission. In it, the groups encouraged the FCC to focus on how it can strengthen its leadership on accessibility issues, including automatic speech recognition (ASR) for video programming, audio description and other advanced communication services.

The groups expressed their appreciation for the FCC’s actions to expand audio description so that over the next four years it will become required in markets covering 87% of broadcast television consumers. Still, those who need audio description or ASR are looking for it beyond broadcast.

The groups asked that the FCC work with Congress to expand coverage of audio description to internet programming. They point out that streaming services are not covered under FCC description rules. Though some, like Apple TV+, have made efforts to improve their service, others may not have certain levels of accessibility—i.e. Netflix apps’ audio description depends on what third-party hardware it is downloaded on.

It wasn’t just streaming that was brought up during the meeting. ASR is beginning to replace human captioners for live programming, resulting in a drop in quality, per the groups. Members of the deaf and hard of hearing community specifically cited the Super Bowl and Presidential Inauguration as two recent examples.

The groups want the FCC to consider how ASR fits within its best practices for the short term, and in the long term it wants established quality metrics for ASR. They also say the FCC should review the Telecommunications Act of 1996, specifically its ability to regulate video on the internet as a result of the increase in streaming services.

Other requests include creating quality standards for audio description; updates to rules on the number of hours required to mandate audio description, as more networks are filing waivers; and an expansion of audio description in non-English languages.

For more information, read the full letter on the FCC website. 

WASHINGTON—The FCC has officially approved requests from CNN, Fox News, MSNBC and ESPN to be exempt from audio description rules that are required of top national non-broadcast networks, based on the amount of non-live linear programming the networks offer per calendar quarter.

Audio description programming features audio that describes important video elements in a program for the visually impaired. The 21st Century Communications and Video Accessibility Act of 2010 mandates that networks with more than 50,000 or more subscribers provide 87.5 hours of audio description per calendar quarter.

However, there is an exception available for networks that don’t air at least 50 hours per quarter of primetime programming that is not live or near-live.

TV Tech previously reported that Fox News and MSNBC, who were cited in the top five national non-broadcast networks, had filed requests to be exempt from this requirement. Subsequently, CNN and ESPN did the same, as they fell in the top 10 list of networks..

The FCC found that the networks did provide on average less than 50 hours per quarter of non-live or near-live primetime programming, as many of their programming consists of news or sports coverage.

A point of note was that ESPN actually did air more than 50 hours of non-live or near live programming in the first and second quarter of 2020. That, however, was because of the lack of live sports programming available as a result of the COVID-19 pandemic. In the third quarter of 2020, after live sports began to return, ESPN was once again airing fewer than 50 hours of non-live programming.

Calling the cancellation of live sporting events as a result of the pandemic “unprecedented,” the FCC excluded the first and second quarter of 2020 in its consideration for granting ESPN’s exemption.

As a result of the exemption, the top five non-broadcast networks that will subject to the FCC’s audio description rules as of July 1, 2021, are TLC, HGTV, Hallmark, History and TBS.

WASHINGTON—Both Fox News and MSNBC were ranked in the top five national non-broadcast networks by the FCC, however each is seeking to be exempt from the list so that they will not be subject to the FCC’s audio description rules that come with that designation.

Networks designated among the top five national non-broadcast networks (serving more than 50,000 or more subscribers) are required to provide 87.5 hours of audio description per calendar quarter. There is a loophole, though, that Fox News and MSNBC are officially requesting to be classified under.

When the FCC issued the list of top 10 national non-broadcast networks in November, it said that any network that wishes to be excluded on the basis that it does not air “at least 50 hours per quarter of prime-time programming that is not live or near-live” can seek exemption from the list.

Both Fox News and MSNBC argue that because their prime-time lineup is primarily news-based that they do not meet the 50 hour per quarter threshold. Fox says that 20 hours of its daily content is live or near live; MSNBC says it averages 42 hours of non-live programming a quarter. 

Both networks received the exemption when they were classified as top five national non-broadcast networks in 2018.

The FCC updates its top five non-broadcast networks every three years. The new ranking, which is based on 2019 and 2020 ratings, goes into effect on July 1, 2021.

Fox News and MSNBC’s filings are available through the FCC’s electronic comment filing system. 

WASHINGTON—The National Association of Broadcasters said there is still essentially no practical way to provide audio descriptions of "dynamic" visual emergency information, like weather radar maps, for the blind and visually impaired.

Currently broadcasters do not have to do that under a five-year waiver of the requirement that "emergency information provided visually during non-newscast video programming be made audibly accessible to individuals who are blind or visually impaired."

Actually, the requirement was supposed to kick in in 2015, but broadcasters are on their second waiver.

In a congressionally mandated report to the FCC this month and midway through that waiver—which expires in 2023—the National Association of Broadcasters said that the American Council of the Blind (ACB) and the American Foundation for the Blind (AFB), which support the waiver, agree with their take on the current status of technology.

NAB said it has continued to engage with software developers, TV station groups and the disability community, but that a technical solution for audio descriptions of dynamic images is still not available.

Without the waiver, NAB said, "stations may be compelled to forego adding a graphic image to a crawl, if there is a risk that the image contains some critical details that must be converted to speech and are not also contained in the crawl."

NAB said it does not think the audible crawl rule would be used very much since broadcasters usually provide the graphic to illustrate information already in the crawl.

It is hopeful that the transition to the ATSC 3.0 broadcast transmission standard may provide an avenue to deploying applications that can automatically describe graphic video content, that may not be in the near term. And while it is hopeful that NAB continues to anticipate that ATSC 3.0 may facilitate the deployment of applications capable of automatically describing graphic video content, although not necessarily in the near term.

And while it is hopeful that at some point neither the waiver, nor the rule, will be necessary, that day has not yet come.

WASHINGTON—The FCC has adopted an order to expand access of broadcast TV programming to blind or visually impaired.

In April, the FCC voted unanimously—and unopposed by industry, said FCC chairman Ajit Pai—to propose to require 40 more TV markets (DMAs 61-100) to provide audio descriptions of video programming but also wants to know if the current pandemic changes any part of the equation.

At Tuesday's public meeting Tuesday (Oct. 27), the commission made that expansion official.

Per the 21st Century Communications and Video Accessibility Act of 2010 (CVAA), FCC rules currently require certain stations in the top 60 markets to provide that service to the blind and visually impaired. But CVAA also said that by the end of this month, the FCC had to expand that to the top 100 markets, adding 10 new markets per year, if it concluded it was not to expensive.

The FCC on Tuesday (Oct. 27) voted to conclude it was not too expensive for programmers or distributors. The new markets will be added starting no later than Jan. 1, 2021.

The item also signals the FCC will revisit the issue in 2023 to see if it should add more markets beyond the top 100. The item also changes the FCC's terminology from the previous "video description" to the current term of art, "audio description."

Commissioner Jessica Rosenworcel spoke from the heart and personal experience in celebrating the expansion of audio descriptions.

"It was 10 years ago this month that the 21st Century Communications and Video Accessibility Act became the law of the land," she said. "I remember the day the bill was signed. That’s because I was in the room, deep in the audience, present because I had the privilege of working on this legislation when I served as counsel to the United States Senate Committee on Commerce, Science and Transportation.

"[T]his legislation was a big deal. It built on the foundation of the Americans with Disabilities Act and helped pry open opportunity in the digital age, by expanding access to technology for millions with disabilities. There’s another reason that the glory of that moment lingers. At the signing ceremony, I sat near Stevie Wonder, who had helped champion this legislation. This was a good day. But what’s better still, is that the Federal Communications Commission is still at it. A decade in, and we are still using this law to expand access and improve opportunities for those with disabilities."

WASHINGTON—FCC Chairman Ajit Pai has set out the agenda for the commission's October meeting, with a pair of key TV industry issues expected to be up for votes.

The first will revolve around TV white space. There has been much debate over who should be allowed to operate in the 600 MHz spectrum and what potential interference concerns could occur as a result, but the vote to take place during the October meeting will seek to, as Chairman Pai puts it, expand devices’ ability to provide broadband coverage in rural and unserved areas, as well as help narrowband Internet of Things devices operate in TV white spaces. Pai claims that the new rules would still protect TV broadcasters already operating in the band.

“We expect that these changes will spur continued growth of the white space ecosystem and help close the digital divide,” said Pai.

The other item on the agenda involves audio description. Audio description—previously known as video description but being changed at the recommendation of disability rights advocates—helps make TV programming accessible to blind or visually impaired people by inserting a narrated audio description of the program’s key visual elements at breaks in the dialogue. The vote will seek to expand the reach of the FCC’s audio description rules to an additional 10 markets per year over the next four years; currently the top 60 markets require the rules for certain commercial TV broadcast stations.

Additional items on the agenda have to do with 5G, net neutrality and digital conversion of AM stations.

The FCC October Open Commission Meeting is scheduled to take place on Oct. 27.

WASHINGTON—The NAB, after getting some feedback from the FCC, has decided to withdraw its request that the commission delay its new rules regarding audio description programs for TV station affiliates expanding to stations outside of the top 60 designated market areas.

Currently, the FCC requires TV station affiliates of the top four networks in DMAs 1-60 to provide a certain amount of audio described programming each calendar quarter. The commission, via a public notice, has called for those rules to expand into 40 additional markets—10 each year for the next four years—beginning with stations in DMAs 61-70 on Jan. 1, 2021.

The NAB had previously filed comments to delay that start date 10 months to Oct. 1, 2021, believing that such a delay would “provide some needed flexibility to any stations that are unable to launch audio description without appreciable expense or in a timely manner,” the association wrote.

However, after the FCC shared its feedback and concerns that a blanket delay could be overinclusive and unnecessarily stall the availability of audio described programming to those who are blind or visually impaired, NAB has agreed to withdraw its request for a blanket delay. Instead, NAB will support stations that are unable to meet the deadline on a case-by-case basis, like if a station needs to purchase more equipment or needs more time to recover from the financial impacts of COVID-19.

“The broadcasting industry takes seriously its commitment to improving the ability of Americans who are blind or visually impaired to enjoy broadcast programming,” NAB wrote.

The association continued: “We share the FCC’s goal of ensuring access to video programming, and by limiting the number of stations that may need additional time to comply with the audio description rules, NAB will support the FCC’s effort to efficiently increase the availability of audio described programming to blind or visually impaired viewers.”

Here is the official FCC Public Notice regarding audio described programming. 

WASHINGTON--The FCC has granted analog-only cable systems a permanent waiver from one of its rules implementing the 21st Century Communications and Video Accessibility Act (CVAA) and extended for another five years the waiver to TV broadcasters from the requirement to provide audio description of non-textual emergency info, like maps or radar sweeps.

The FCC requires emergency information provided visually during non-newscast programming--say, a tornado watch or warning crawl--to be made audible to the blind and visually impaired via a secondary audio stream.

The American Cable Association had sought a waiver of the Audio Crawl Rule, saying analog-only systems, which are essentially by definition the smaller systems ACA represents, lacked the equipment needed to pass through the audio.

The current three-year waiver from the requirement was to have expired June 12. ACA had asked for either a permanent waiver or a five-year extension.

The FCC said there was good cause for the permanent waiver, but made that waiver conditional on operators providing ongoing notice to the public of their waiver status.

In November 2016, the National Association of Broadcasters had been granted an 18-month waiver of the requirement for audible descriptions of radar maps and other graphics on the argument that a technical solution was not yet available and that the waiver would not unduly disrupt the availability of emergency info. NAB, joined by the American Council of the Blind (ACB) and the American Foundation for the Blind (AFB), then sought the five-year extension saying an automated approach remained elusive and warning that news teams would remove maps and other graphics rather than risk FCC enforcement.

[Read: FCC Increases Video Description Rules]

The Video Programming Subcommittee of the FCC's Disability Advisory Committee (DAC) agreed no solution was in the offing and recommended the five-year extension.

Noting that recommendation the FCC concluded it was a special circumstance and warranted the extension, noting that "in most cases, the critical details of an emergency provided in graphic form are duplicative of information conveyed in textual crawls, which are already aurally described and accessible to individuals who are blind or visually impaired."

NAB will have to file a report to the FCC at the midpoint of the waiver period Nov. 25, 2020) detailing "the extent to which broadcasters have made progress in finding accessible solutions or alternatives to providing critical emergency details generally delivered in a graphic format, as well as the extent to which this waiver continues to be necessary."

'[A]nalog-only cable systems lack the financial capacity to upgrade their equipment as needed to pass through secondary audio streams, and the financial burden of compliance would force financial marginal analog systems to go out of business," said ACA president Matt Polka. "ACA appreciates the Bureau's recognition that these systems frequently provide a value-priced option for subscribers needing only basic service, and the relief granted in this order will help to ensure that such systems can continue to serve their communities."