Sec.  79.2   Accessibility of programming providing emergency information.

   (a) Definitions. (1) For purposes of this section, the definitions in  Sec.  Sec. 79.1
   and 79.3 apply.

   (2) Emergency information. Information, about a current emergency, that is
   intended to further the protection of life, health, safety, and property,
   i.e. , critical details regarding the emergency and how to respond to the
   emergency. Examples of the types of emergencies covered include tornadoes,
   hurricanes, floods, tidal waves, earthquakes, icing conditions, heavy snows,
   widespread fires, discharge of toxic gases, widespread power failures,
   industrial explosions, civil disorders, school closings and changes in
   school  bus schedules resulting from such conditions, and warnings and
   watches of impending changes in weather.

   Note to paragraph(a)(2): Critical details include, but are not limited to,
   specific details regarding the areas that will be affected by the emergency,
   evacuation orders, detailed descriptions of areas to be evacuated, specific
   evacuation routes, approved shelters or the way to take shelter in one's
   home, instructions on how to secure personal property, road closures, and
   how to obtain relief assistance.

   (b)  Requirements for accessibility of programming providing emergency
   information.

   (1) Video programming distributors must make emergency information, as
   defined in paragraph (a) of this section, accessible as follows:

   (i) Emergency information that is provided in the audio portion of the
   programming must be made accessible to persons with hearing disabilities by
   using  a  method  of  closed captioning or by using a method of visual
   presentation, as described in  Sec. 79.1 of this part;

   (ii)  Emergency information that is provided in the video portion of a
   regularly  scheduled  newscast,  or  newscast  that interrupts regular
   programming, must be made accessible to persons with visual disabilities;
   and

   (iii)  Emergency  information that is provided in the video portion of
   programming that is not a regularly scheduled newscast, or a newscast that
   interrupts regular programming, must be accompanied with an aural tone.

   (2)  This rule applies to emergency information primarily intended for
   distribution to an audience in the geographic area in which the emergency is
   occurring.

   (3) Video programming distributors must ensure that:

   (i) Emergency information should not block any closed captioning and any
   closed captioning should not block any emergency information provided by
   means other than closed captioning; and

   (ii) Emergency information should not block any video description and any
   video  description provided should not block any emergency information
   provided by means other than video description.

   (c) Complaint procedures. A complaint alleging a violation of this section
   may  be transmitted to the Commission by any reasonable means, such as
   letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail,
   audio-cassette recording, and Braille, or some other method that would best
   accommodate the complainant's disability. The complaint should include the
   name of the video programming distributor against whom the complaint is
   alleged, the date and time of the omission of emergency information, and the
   type  of  emergency.  The Commission will notify the video programming
   distributor  of  the  complaint, and the distributor will reply to the
   complaint within 30 days.

   [ 65 FR 26762 , May 9, 2000, as amended at  65 FR 54811 , Sept. 11, 2000]