WASHINGTON—The NAB is in support of the FCC’s proposal that extends coverage of its video description rules, but it believes that delaying the Jan. 1, 2021, deadline for adding video description would ensure that broadcasters are not subject to administrative burdens, particularly because of the impact of the COVID-19 pandemic.

In a Notice of Proposed Rulemaking, the FCC has proposed that its video descriptions rules be extended to 10 additional markets over the next four years, as of Jan. 1, 2021. This would impact TV stations in the 61-100 designated market areas (DMAs).

The NAB says that TV broadcasters strongly support the goal of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) that is the catalyst for the commission’s proposal. 

The CVAA is meant to improve the ability of blind or visually impaired individuals to enjoy visual programming. The CVAA also supports the FCC proposal of expanding video description rules as long as it determines the costs are reasonable to program owners, providers and distributors.

The FCC says that the situation has met those needs because the cost of adding video description have held steady since 2017; the stations in the 61-100 DMAs are already required to have the technical capability to deliver a secondary audio stream geared toward the blind or visually impaired; and that its rules already require network affiliated stations to pass through video description if the network provides capable programming and the station has the ability to do so.

NAB says that it has no reason to doubt the FCC’s conclusions, but it is still seeking a delay from the Jan. 1, 2021, date to Oct. 1, 2021, so that station’s negatively impacted by COVID-19 are not put under administrative burden to adhere to video description rules.

COVID-19 has greatly impacted the advertising revenue for stations. NAB notes that some are “predicting a downturn in the advertising market more severe than during the Great Recession,” and that the financial impact for broadcasters could be long lasting.

This is compounded by the fact that stations in the 61-100 DMAs often have different viewership and advertising revenues than stations in higher ranked markets, NAB says. It also argues that many stations have already started their budget planning for 2021, and to make them adapt to a that would take effect as early as Jan. 1 could create problems.

“This reasonable nine month extension would provide TV stations the time needed to evaluate, incorporate and reflect the costs of video description in their budgets,” the NAB said. “More importantly, a slight delay will allow broadcasters time to pivot onto more stable financial ground as the pandemic hopefully dissipates during the coming months. … Overall, NAB submits that any perceived downside of such a brief extension is far outweighed by the concrete benefits to the covered stations of a longer runway before the cost of compliance with the video description rules hits their bottom line.”

The NAB’s full comments are available online. 

WASHINGTON—The FCC is eyeing an expansion of its video description rules that would benefit blind or visually impaired viewers in 40 markets by 2025.

The 21st Century Communications and Video Accessibility Act of 2010 had the FCC to adopt rules requiring certain TV broadcast stations and MVPDs to provide video descriptions—inserted audio that describes key visual elements in between dialogue—for a portion of video programming they offer.

Under the current rules, broadcast TV stations in the top 60 markets are required to provide video descriptions. The new Notice of Proposed Rulemaking from the FCC would expand the number of markets offering video descriptions by 40 over a four year period—10 a year starting Jan. 1, 2021. This would apply to TV markets 61-100. The NPRM also proposes that the costs be looked at for further expanding video description rules to markets 101 and beyond in 2023.

In addition, the NPRM seeks to modernize terminology in the FCC’s regulations to use “audio descriptions” rather than “video description,” a change it says would more accurately reflect industry standards and consumer expectations.

The NPRM was based on a recommendation from the FCC’s Disability Advisory Committee.

For more information, read the official NPRM (MB Docket No. 11-43) on www.fcc.gov.  

WASHINGTON—Video description services are now available for popular programming like “Modern Family,” “NCIS,” “The Simpsons,” “Chicago Fire” and news and sports broadcasts according to an FCC report to Congress, saying “significant progress” has been made in the benchmarks set by the Communications and Video Accessibility Act of 2010 (CVAA).

Video description is an auditory service that assists the blind and sight-impaired to access nonverbal portions of video, such as descriptions of scenery or action.

The CVAA required the FCC to develop rules for broadcasters and MVPDs to provide video description services for local TV affiliates of ABC, CBS, Fox and NBC in the top 60 markets. The specific requirements call for “87.5 hours per calendar quarter (about 7 hours a week) of video-described programming, of which 50 hours must be primetime and/or children’s programming and 37.5 hours may be any type of programming shown between 6 a.m. and midnight.” In addition, the commission is required to give updates to Congress’ Committee on Energy and Commerce, with this most recent report the second, following the initial one in 2014.

The second report, according to the FCC’s document, details “the types of described video programming that [are] available to consumers” and “the amount of such programming currently available.” Using data from NCTA—which was not provided in the report—the type of video programming available includes reality, scripted, feature films, childrens and syndicated programming, most of which air initially in primetime and are then is re-aired in non-primetime hours.

NCTA states that “the amount of video-described material on cable systems has grown substantially” since the first report and that “[s]everal other cable networks (in addition to the currently covered top five networks) voluntarily air programming with video description, including some networks that previously were covered by the FCC’s rules.”

“The record indicates that there has been significant progress in the variety and amount of video-described programming available,” the FCC said in its report.

This data, as mentioned above, is just for the top 60 markets. However, additional findings noted in the FCC’s report indicated that there is interest for video description services in other markets. While, according to reports from NAB, some stations outside of the top 60 markets are utilizing video descriptions, the FCC concluded that it was difficult to appropriately estimate the cost for expanding its video description requirements to additional markets.

“The record indicates that consumers seek expansion of the video description requirements to DMAs outside the top 60, and it provides no basis for concluding that consumers would benefit less from video description in those markets than in other areas,” the report reads. “The record does not, however, contain detailed or conclusive information as to whether the costs of such an expansion would be reasonable.”

According to the report, the current cost of adding video description services to an hour of programming is $4,202.50.

Per the CVAA, the FCC does have the authority to expand the requirements for video description services to up to 10 additional DMAs if it chooses based on the findings of the report by Oct. 8, 2020.

To read the full report from the FCC, click here.

WASHINGTON—Blind or visually impaired viewers will have more access to video described programming as a result of new rules from the FCC. The new rules are designed to ensure that more video described programming is available to those who rely on it as well as provide broadcast and non-broadcast TV networks flexibility in complying with the rules.

Video description, or audio description, allows people with limited vision to hear a description of on-screen activity while also following the dialogue. It is provided through the TV or set top box “secondary audio” feature. This is a key resource for the more than 7 million Americans who have a visual disability, according to the National Federation of the Blind.

As per the new rules, starting in July 2018 broadcasters and pay-TV providers carrying one of the top networks must provide 87.5 hours of described programming per calendar quarter; the current rules required 50 hours per quarter. The current 50 hours must be provided during prime-time or children’s programming, but the additional 37.5 hours can be provided during any time of day between 6 a.m. and midnight.

The networks that are currently covered by the rule are ABC, CBS, Fox, NBC, Disney Channel, History, TBS, TNT and USA. The list of top five non-broadcast networks will be updated in July 2018, so this is subject to change.

WASHINGTON—The Federal Communications Commission is looking to bump up its video-description requirement by 75 percent. The commission will consider a Report and Order at its July 13 open meeting that increases the video-description requirement from 50 to 87.5 hours per calendar quarter for broadcast and cable networks subject to the rule. If approved, the quota would go into effect Jan. 1, 2018.

The FCC said it found “that the need for and benefits of the expanded hours requirement are greater than their technical and economic costs,” which it estimates at $4,202.50 per hour, or a total cost of $315,000 a year for affected operations, because the first rerun also counts against the total. The rules apply to ABC, NBC, CBS and Fox stations in the top 60 TV markets, and USA, TNT, TBS, History, and Disney Channel on pay TV systems with 50,000 or more subscribers.

“For each of these nine networks, $315,000 per year represents a very small percentage of both their programming costs and their net revenues,” the R&O states. Programming aired between 6 a.m. and midnight will count for additional 37.5 hours, versus just prime-time and children’s programming. The increase represents the statutory maximum allowed by the Twenty-First Century Communications and Video Accessibility Act of 2010,” also known as the CVAA. The CVAA restored video description rules first adopted in 2000 and authorized the expansion of those rules over a 10-plus year period.

“Although this is the maximum increase permissible under the CVAA, the total number of hours required per included network will be limited, averaging less than one hour per day,” the R&O stated. That compares to around 6,000 hours a day of programming for the average seeing American.

“Ideally, viewers who are blind or visually impaired would have the same range of options, including the same freedom to select and independently view and follow any of the programming for which they pay. Instead, many find that ‘the current amount of available audio-described content [is] significantly below demand’ and indicate that they have difficulty finding programs with video description,” the R&O stated.

Between 7 million and 21 million Americans are either blind or visually impaired, the FCC said, citing estimates from the Census Bureau, the CDC, the American Foundation for the Blind and the National Eye Institute.

“Thus, the number of Americans who could benefit from video description is substantial,” the R&O stated.

The National Association of Broadcasters was said to be the only commenter on the initial Notice of Proposed Rulemaking that opposed the increase. The NAB argued that the cost-benefit analysis was insufficient as the basis for the adopting new rules.

The FCC rejected the NAB’s argument, reiterating that the requirement is still less than an hour a day. The commission will vote on the R&O at its open meeting next month. A proposal to add the fifth top broadcast network and the top 10 cable nets was shelved for the time being.

In addition to video description, the CVAA also laid out the framework to extend closed-captioning requirements to programming posted online. With regard to the closed-captioning requirement, live and non-live content posted online will have to be captioned as of July 1. (See “Online Live and Near-Live Captioning Deadline is July 1.”)