Alert
Alert
08.04.15
The FCC requires video programming distributors, including TV stations, to make the critical details they air regarding any local emergency accessible to all audience members, including those who are deaf or hard of hearing and those who are blind or visually impaired. The following Advisory is intended to help TV broadcasters understand their obligations under the FCC’s Emergency Information Accessibility Rules.
Prior to 2000, TV stations had one mission when emergencies occurred: transmit the information as quickly as possible. But as technology evolved, so did the legal responsibilities of television stations. Today, TV stations airing emergency information must ensure that all viewers—including individuals with impaired hearing or vision—have equal access to critical details of those emergencies and how to respond. To do this, broadcasters must present the critical details of any emergency information they air in both visual and aural formats that satisfy the FCC’s requirements.
The FCC grants broadcasters discretion to determine whether particular details regarding an emergency are important enough to necessitate both a visual and aural presentation. An error in judgement, however, can cost a station licensee $8,000 per violation—possibly more if the FCC finds factors warranting an upward adjustment from that amount. While stations have argued that too strict an application of the rules will discourage stations from broadcasting emergency information at all, the FCC has made clear that it takes violations seriously and will continue to enforce the rules strictly.
A solid understanding of the rules, adequate station policies, and reliable station procedures are therefore crucial to airing emergency information while avoiding the wrath of the FCC.
What is “Emergency Information”
The first step in complying with the rules is understanding what type of information qualifies as “emergency information”. The FCC defines “emergency information” as information about an imminent or current emergency that is “intended to further the protection of life, health, safety, and property.” A non-exhaustive list of emergency situations that fall under this definition includes:
Weather situations, such as
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Community situations, such as
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The FCC’s accessibility rules apply to emergency information that is primarily intended for a local audience—i.e., an audience within the geographic area in which the emergency is occurring and where victims may be temporarily relocated.
Visual Accessibility for the Hearing Impaired
Make Critical Details Visually Accessible Regardless of When the Information Is Presented
Whether the information is part of a regularly scheduled newscast, included in a live press conference, or aired in a special announcement that interrupts regularly scheduled programming, broadcasters must ensure that hearing impaired viewers have the same access to the critical details of the emergency as other viewers.
The rules presume broadcasters will rely on their own good faith judgments in determining whether they need to present particular details of an emergency. However, broadcasters must do more than simply identify, in an accessible manner, the existence of an emergency. They must ensure that any critical details they provide about an emergency are made accessible to all audience members. Critical details include: