§  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, that is provided in the audio
   portion of the programming 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.

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

   (i) Emergency information that is provided visually during a regularly
   scheduled newscast, or newscast that interrupts regular programming,
   must be made accessible to individuals who are blind or visually
   impaired; and

   (ii) Emergency information that is provided visually during programming
   that is neither a regularly scheduled newscast, nor a newscast that
   interrupts regular programming, must be accompanied with an aural tone,
   and beginning May 26, 2015 except as provided in paragraph (b)(6) of
   this section, must be made accessible to individuals who are blind or
   visually impaired through the use of a secondary audio stream to
   provide the emergency information aurally. Emergency information
   provided aurally on the secondary audio stream must be preceded by an
   aural tone and must be conveyed in full at least twice. Emergency
   information provided through use of text-to-speech (“TTS”) technologies
   must be intelligible and must use the correct pronunciation of relevant
   information to allow consumers to learn about and respond to the
   emergency, including, but not limited to, the names of shelters, school
   districts, streets, districts, and proper names noted in the visual
   information. The video programming distributor or video programming
   provider that creates the visual emergency information content and adds
   it to the programming stream is responsible for providing an aural
   representation of the information on a secondary audio stream,
   accompanied by an aural tone. Video programming distributors are
   responsible for ensuring that the aural representation of the emergency
   information (including the accompanying aural tone) gets passed through
   to consumers.

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

   (4) Video programming distributors must ensure that emergency
   information does not block any closed captioning and any closed
   captioning does not block any emergency information provided by means
   other than closed captioning.

   (5) Video programming distributors and video programming providers must
   ensure that aural emergency information provided in accordance with
   paragraph (b)(2)(ii) of this section supersedes all other programming
   on the secondary audio stream, including audio description, foreign
   language translation, or duplication of the main audio stream, with
   each entity responsible only for its own actions or omissions in this
   regard.

   (6) Beginning July 10, 2017, multichannel video programming
   distributors must ensure that any application or plug-in that they
   provide to consumers to access linear programming on tablets,
   smartphones, laptops, and similar devices over the MVPD's network as
   part of their multichannel video programming distributor services is
   capable of passing through to consumers an aural representation of the
   emergency information (including the accompanying aural tone) on a
   secondary audio stream.

   (c) Complaint procedures. A complaint alleging a violation of this
   section may be transmitted to the Consumer and Governmental Affairs
   Bureau by any reasonable means, such as the Commission's online
   informal complaint filing system, letter, facsimile transmission,
   telephone (voice/TRS/TTY), Internet email, 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 or the video programming provider 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 or the video programming
   provider of the complaint, and the distributor or the provider will
   reply to the complaint within 30 days.

   [ 65 FR 26762 , May 9, 2000, as amended at  65 FR 54811 , Sept. 11, 2000;
    78 FR 31797 , May 24, 2013;  80 FR 39714 , July 10, 2015;  85 FR 76484 ,
   Nov. 30, 2020]