§  79.2   Accessibility of programming providing emergency information.

   (a) Definitions. (1) For purposes of this section, the definitions in
   § § 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 § 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]