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Media Bureau Seeks Comment On Video Description

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Released: June 25, 2013
PUBLIC NOTICE

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500

Washington, D.C. 20554

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

DA 13-1438
Released: June 25, 2013

MEDIA BUREAU SEEKS COMMENT ON VIDEO DESCRIPTION IN VIDEO

PROGRAMMING DISTRIBUTED ON TELEVISION AND ON THE INTERNET

MB Docket No. 11-43

Comments Due: September 4, 2013
Reply Comments Due: October 2, 2013

1.
By this Public Notice, the Media Bureau seeks comment on video description of video
programming that is delivered via both television and the Internet. Pursuant to the Twenty-First Century
Communications and Video Accessibility Act of 2010 ("CVAA"), the Commission released a Report and
Order
1 on August 25, 2011 reinstating the video description rules previously vacated by the U.S. Court of
Appeals for the District of Columbia Circuit.2 Under the reinstated rules, certain television broadcast
stations and MVPDs have an obligation to provide video description for a portion of the video
programming3 that they offer to consumers. Video description is "[t]he insertion of audio narrated
descriptions of a television program's key visual elements into natural pauses between the program's
dialogue."4 It makes video programming accessible to individuals who are blind or visually impaired.
The Media Bureau seeks comment on specific inquiries related to video description in video
programming that is delivered via both television and the Internet, as the CVAA requires.5 The
comments received in response to these inquiries will inform a report to Congress required by the CVAA

1 Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of
2010
, Report and Order, 26 FCC Rcd 11847 (2011) ("2011 Video Description Order"). See 47 U.S.C. 613(f)(1)-
(2).
2 In 2000, the Commission adopted rules requiring certain broadcasters and multichannel video programming
distributors ("MVPDs") to carry programming with video description. See Implementation of Video Description of
Video Programming
, Report and Order, 15 FCC Rcd 15230 (2000) ("2000 Video Description Order"). The D.C.
Circuit vacated the rules five months after they went into effect, on the ground that the Commission lacked authority
to promulgate video description rules. Motion Picture Ass'n of Am., Inc. v. FCC, 309 F.3d 796 (D.C. Cir. 2002).
3 In this context, "video programming" is defined as "[p]rogramming provided by, or generally considered
comparable to programming provided by, a television broadcast station, but not including consumer-generated
media." 47 C.F.R. 79.3(a)(4).
4 Id. 79.3(a)(3).
5 47 U.S.C. 613(f)(3)(A)-(B). Congress directed the Commission to "commence the . . . inquiries not later than 1
year after the completion of the phase-in of the reinstated regulations. . . ." Id. 613(f)(3). Broadcasters and
MVPDs were required to be in full compliance with the video description rules beginning on July 1, 2012. See 2011
Video Description Order
, 26 FCC Rcd at 11864, 34. Thus, the inquiries must be commenced no later than July 1,
2013.

on the status, benefits, and costs of video description on television and Internet-provided video
programming, which must be completed no later than July 1, 2014.6
2.
Background. The video description rules require commercial television broadcast
stations that are affiliated with one of the top four commercial television broadcast networks and are
located in the top 25 television markets to provide 50 hours per calendar quarter of video-described prime
time or children's programming.7 In addition, MVPD systems that serve 50,000 or more subscribers must
provide 50 hours of video description per calendar quarter during prime time or children's programming
on each of the top five national nonbroadcast networks that they carry on those systems.8 The rules also
impose video description "pass through" obligations on all network-affiliated broadcast stations
regardless of market size,9 and on all MVPDs regardless of the number of subscribers.10 Any
programming aired with video description must include video description if it is re-aired on the same
station or MVPD channel. The video description rules were reinstated as of October 8, 2011, and
broadcasters and MVPDs were required to be in full compliance with the video description requirements
beginning on July 1, 2012.11 Video description services for television are provided on a secondary audio
stream, and typically a consumer can access video description through an on-screen menu provided by the
home television receiver or set-top box. The Commission recently adopted rules requiring apparatus that
is designed to receive, play back, or record video programming transmitted simultaneously with sound to
make secondary audio streams available for video description services.12 Those rules go into effect on

6 47 U.S.C. 613(f)(3) (requiring the Commission to report to Congress two years after the completion of the phase-
in of the reinstated video description rules on the findings for the inquiries set forth in this section).
7 47 C.F.R. 79.3(b)(1). See 2011 Video Description Order, 26 FCC Rcd at 11849, 4. Beginning July 1, 2015,
full-power affiliates of the top four television broadcast networks located in markets 25 to 60 will also be subject to
this requirement. See 47 C.F.R. 79.3(b)(2); 2011 Video Description Order, 26 FCC Rcd at 11856, 16.
8 47 C.F.R. 79.3(b)(4). See also 2011 Video Description Order, 26 FCC Rcd at 11849-50, 4. For purposes of
the video description rules, the top five national nonbroadcast networks include only those that reach 50 percent or
more of MVPD households and have at least 50 hours per quarter of prime time programming that is not live or
near-live or otherwise exempt under the video description rules. 47 C.F.R. 79.3(b)(4). See also 2011 Video
Description Order
, 26 FCC Rcd at 11854-55, 12-15. Thus, for purposes of the rules, the top five nonbroadcast
networks are USA, the Disney Channel, TNT, Nickelodeon, and TBS. 2011 Video Description Order, 26 FCC Rcd
at 11854, 12. The list of top five networks will be reviewed every three years for changes in ratings. Id. at 11857,
18.
9 Specifically, any broadcast station affiliated or otherwise associated with a television network must pass through
video description when it is provided by the network, if the station has the technical capability necessary to do so
and if that technology is not being used for another purpose related to the programming. 47 C.F.R. 79.3(b)(3).
See also 2011 Video Description Order, 26 FCC Rcd at 11850, 4.
10 Similarly, MVPD systems of any size must pass through video description provided by a broadcast station or
nonbroadcast network, if the channel on which the MVPD distributes the station or programming has the technical
capability necessary to do so and if that technology is not being used for another purpose related to the
programming. 47 C.F.R. 79.3(b)(5)(i)-(ii). See also 2011 Video Description Order, 26 FCC Rcd at 11850, 4.
11 See 2011 Video Description Order, 26 FCC Rcd at 11864, 34.
12 See Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video
Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010;
Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of
2010
, Report and Order and Further Notice of Proposed Rulemaking, 28 FCC Rcd 4871, 4907, 49 (2013)
("Emergency Information/Video Description Order"). Covered entities must comply with the apparatus rules by
May 26, 2015.
2

June 24, 2013, except for the rules that require approval by the Office of Management and Budget.13 In a
separate rulemaking proceeding, the Commission recently issued a Notice of Proposed Rulemaking
seeking comment on issues related to implementation of Sections 204 and 205 of the CVAA, which
generally require that user interfaces on digital apparatus used to view video programming, as well as on-
screen text menus and guides on navigation devices, be accessible to and usable by individuals who are
blind or visually impaired.14
3.
Video Description in Television Programming. Section 713(f)(3)(A) of the
Communications Act of 1934 as amended (the "Communications Act"), as added by the CVAA, directs
the Commission to inquire about the following specific issues related to video description in television
programming:
The availability, use, and benefits of video description on video programming distributed on
television;
The technical and creative issues associated with providing such video description; and
The financial costs of providing such video description for providers of video programming
and program owners.15
In accordance with Congress' directive, we request comment on each of the issues set forth above,
including information on pertinent developments since the video description rules were reinstated in
October 2011. Specifically, we solicit data on the amount of video-described programming that is
currently available to consumers on television, as well as the types of programming that are provided with
video description. We seek comment on both programming that is video-described by covered entities to
comply with the Commission's rules and programming that is video-described voluntarily. How much
video-described programming is being provided voluntarily? We also seek comment on the extent to
which consumers use video description services when viewing television programming, as well as the
benefits to consumers of such services, including whether the benefits of video description extend to
audiences without visual disabilities. Is the availability of video description indicated in program guides
or other sources?16 If it is, is it indicated audibly, and is there a common industry method to indicate that
the program is video-described?
4.
We seek comment on any technical or creative issues involved with the provision of
video-described television programming, whether related to the creation, distribution, or viewing of such

13 See Public Notice, Notice of Effective Date of New Emergency Information Rules and Emergency Information/
Video Description Apparatus Rules and Announcement of Comment and Reply Comment Deadlines for Related
Further Notice of Proposed Rulemaking
, DA 13-1240 (rel. May 29, 2013) ("Effective Date PN").
14 See Accessibility of User Interfaces, and Video Programming Guides and Menus, Notice of Proposed
Rulemaking, MB Docket No. 12-108, FCC 13-77 (rel. May 30, 2013) ("User Interfaces/Programming Guides
NPRM
"). The User Interfaces/Programming Guides NPRM also seeks comment on the statutory requirement that
certain devices must provide access to video description features through a mechanism reasonably comparable to a
button, key, or icon. Id. at 19-20, 45. Any comments relating to these issues should be filed in MB Docket No.
12-108. Comments are due July 15, 2013, and reply comments are due August 7, 2013. See Public Notice, Media
Bureau Announces Comment and Reply Comment Deadlines for the Notice of Proposed Rulemaking Regarding
Accessibility of User Interfaces and Video Programming Guides/Menus and Establishes Schedule for Ex Parte
Meetings
, DA 13-1398 (rel. June 18, 2013).
15 47 U.S.C. 613(f)(3)(A).
16 See 2011 Video Description Order, 26 FCC Rcd at 11871-72, 51 (declining, at that time, "to require that the
availability of video description on certain programs be publicized in a certain manner," but stating the
Commission's expectation "that programmers, stations, and systems will provide this information to viewers in an
accessible manner, including on their websites and to companies that publish television listings information"). See
also User Interfaces/Programming Guides NPRM
at 19-20, 45-46.
3

programming. We request information regarding the costs of providing video description for video
programming on television. What financial costs have been incurred by program owners and video
programming providers and distributors, particularly large market broadcast affiliates and large MVPDs
that are currently subject to the requirements, to create and distribute video-described programming?
What financial costs, if any, have been incurred by network-affiliated broadcast stations and MVPDs to
comply with the video description pass through requirements? We further ask commenters to provide
information on any other relevant legal and policy issues regarding the provision of video description in
television programming that can help inform the Commission's report to Congress.
5.
In the 2011 Video Description Order, the Commission also indicated that it would revisit
the need for providing an exception to the video description pass through requirements17 and to the
requirements applicable to subsequent airings of programs18 when the technology used to provide video
description is being used for other program-related content.19 At that time, the Commission explained
that eliminating the exception may lead covered entities to replace other program-related content (e.g.,
foreign language audio) with video description on the secondary audio stream or, alternatively, to provide
video description on a third audio stream tagged in a particular manner (e.g., "visually impaired"), which
could make it difficult for consumers to access.20 We seek comment on whether we should revisit the
need for an exception for other program-related content. We note that the Commission has already
addressed issues regarding the capacity to provide more than one audio stream in the Emergency
Information/Video Description Order
and concluded that it should not mandate more than two audio
streams.21 Apparatus are required to make video description available only on a secondary audio
stream.22 Further, in the Emergency Information/Video Description Order, the Commission adopted rules
requiring that emergency information provided on a secondary audio stream supersede all other
programming on the secondary audio stream, including video description.23 We are not seeking to revisit
these issues here.
6.
Video Description in Video Programming Distributed on the Internet. Section
713(f)(3)(B) of the Communications Act also directs the Commission to make the following inquiry
related to video description in video programming distributed on the Internet:
The technical and operational issues, costs, and benefits of providing video descriptions for
video programming that is delivered using Internet protocol ("IP").24

17 See supra notes 9-10.
18 See 47 C.F.R. 79.3(c)(3)-(4) (requiring certain television stations and MVPDs to include video description on
subsequent airings for programs that have already aired with video description, "unless it is using the technology
used to provide video description for another purpose related to the programming that would conflict with providing
the video description").
19 See 2011 Video Description Order, 26 FCC Rcd at 11863, 31.
20 See id. In the Further Notice of Proposed Rulemaking ("FNPRM") adopted with the Emergency
Information/Video Description Order
, the Commission inquires whether an audio stream containing video
description should include a particular tag (e.g., "VI"). See Emergency Information/Video Description Order, 28
FCC Rcd at 4928-29, 85. Any comments relating to this issue should be filed in MB Docket Nos. 12-107, 11-43.
Comments are due July 23, 2013, and reply comments are due August 22, 2013. Effective Date PN at 1.
21 See Emergency Information/Video Description Order, 28 FCC Rcd at 4882-83, 14.
22 See id. at 4907, 49.
23 See id. at 4892-94, 26.
24 47 U.S.C. 613(f)(3)(B).
4

In accordance with Congress' directive, we seek comment on the inquiry set forth above. We note that
the Commission's video description regulations require video description only by certain television
broadcast stations and MVPDs and that, at this time, the requirements do not apply to IP-delivered video
programming that is not otherwise an MVPD service.25 What technical and operational issues are
involved with providing video descriptions for IP-delivered video programming? As noted above, the
Commission recently adopted rules requiring certain apparatus to make secondary audio streams available
for video description services.26 Are there other technologies or functionalities that must be developed to
accommodate the delivery of video-described programming on the Internet and to make such
programming accessible to individuals who are blind or visually impaired?27 What are the costs and
benefits of providing video description for IP-delivered video programming? We further ask commenters
to provide information on any other relevant legal and policy issues regarding the provision of video
description on video programming distributed on the Internet that can help inform the Commission's
report to Congress.
7.
Permit-but-Disclose. The proceeding shall be treated as a "permit-but-disclose"
proceeding in accordance with the Commission's ex parte rules.28 Persons making ex parte presentations
must file a copy of any written presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex
parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex
parte
rules.
8.
Comments and Replies. Interested parties may file comments and reply comments on or
before the dates indicated on the first page of this document. Comments and Reply Comments may be
filed using the Commission's Electronic Comment Filing System ("ECFS").29

25 In the pending FNPRM, the Commission is seeking comment on whether an MVPD system must comply with the
video description rules when it permits its subscribers to access linear video programming via tablets, laptops,
personal computers, smartphones, or similar devices. See Emergency Information/Video Description Order, 28 FCC
Rcd at 4927-28, 83-84. Any comments relating to these issues should be filed in MB Docket Nos. 12-107, 11-43.
See supra note 20.
26 Id. at 4907, 49.
27 See, e.g., Second Report of the Video Programming Accessibility Advisory Committee on the Twenty-First
Century Communications and Video Accessibility Act of 2010: Video Description, at 27-28 (Apr. 9, 2012),
available at
http://vpaac.wikispaces.com/file/view/120409+VPAAC+Video+Description+REPORT+AS+SUBMITTED+4-9-
2012.pdf.
28 47 C.F.R. 1.1200 et seq.
29 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
5

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this
proceeding, filers must submit two additional copies for each additional docket or rulemaking
number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications Commission.
o All hand-delivered or messenger-delivered paper filings for the Commission's
Secretary must be delivered to FCC Headquarters at 445 12th Street, SW, Room TW-
A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any envelopes and
boxes must be disposed of before entering the building.
o Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
o U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445
12th Street, SW, Washington, DC 20554.
9.
Availability of Documents. Comments, reply comments, and ex parte submissions will
be available for public inspection during regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street, SW, CY-A257, Washington, DC 20554. These
documents will also be available via ECFS. Documents will be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.
10.
People with Disabilities. To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call
the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
11.
Additional Information. For additional information on this proceeding, contact Maria
Mullarkey, Maria.Mullarkey@fcc.gov, mailto:of the Media Bureau, Policy Division, (202) 418-2120.
Press contact: Janice Wise (202-418-8165; Janice.Wise@fcc.gov).
- FCC -
6

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