ACB Statement on Video Description

VIDEO DESCRIPTION (HR 951 and S900)
ACB Legislative Seminar 2006
(Released 2/1/06)

BACKGROUND

Modern television increasingly relies upon visual effects and scenes to convey important elements of the plot, in contrast to older programming that was more dialogue-oriented. Unfortunately, that means that many blind and visually impaired people cannot access television in a meaningful way.

Video description is where a narrator describes visual elements of a program during the natural pauses that occur in dialogue to let a person who cannot see the screen know what is happening. These elements can include actions, costumes, gestures and scene changes.

In 2002, the Federal Communications Commission required the major networks and cable channels to present at least four hours of described programming per week. This was challenged in court and the order struck down on the belief that the FCC had exceeded its authority.

There is a residual amount of video description on television, made available from the time when the FCC mandate went into effect in 2002. However, according to our sources, this described video programming has decreased by 75%, indicating that a voluntary standard is insufficient.

Television plays a critical role in our society as a vital source of news, information, local and community affairs, education, and entertainment. The nation has a compelling public interest in furthering the safety, security and well-being of person who are blind and visually impaired by ensuring, to the fullest extent made possible by technology, equal access to the television medium.

LEGISLATION

Currently in Congress there are two bills that seek to restore the FCC's video description rules, expressly granting the FCC authority to restore its minimum requirements, with increased access over time. These bills also include provisions to require a proceeding within 120 days (and must be completed within 1 year) to include incorporating accessible information requirements. This is pertinent to emergency information and alerts that may be scrawled across the screen without accompanying audio information.

Video Description Restoration Act of 2005 (VDRA) - HR 951

Sponsor

Rep. Ed Markey (D-MA)

Co-sponsors Rep. Lloyd Doggett (D-TX)

Rep. Gene Green (D-TX) Rep. Chris Van Hollen (D-MD) Rep. Heather A. Wilson (R-NM) Television Information enhanced for the Visually Impaired (TIVI) - S900

Sponsor

Sen. John McCain (R-AZ)

Co-Sponsors

Sen. Tom Harkin (D-IA)

Sen. Gordon Smith (R-OR)

Sen. Ted Stevens (R-AK)

Sen. Daniel K. Inouye (D-HI)

TALKING POINTS

1. For the nation's 8 million to 12 million visually impaired people, video description for the visually impaired is the equivalent of closed captioning for the deaf. As of January 1, 2006, 100% of all programming must have closed captioning for the deaf, but there is no requirement for any video description.

2. "Vital information" such as weather alerts, public service announcements, emergency information, and contact phone numbers, is often only visually flashed up on the screen during newscasts. After the various disasters of this last year, it is imperative that any and all communication of emergency information is made as accessible as possible.

3. The infrastructure to support video description is already in place and has been since the FCC mandate. Furthermore, the cost of the service is between $2,000 and $4,000 for an hour of programming, a relatively inexpensive price tag within the industry.

PROPOSED ACTION

We are asking that Congress restore the authority of the FCC to establish rules and regulations to require video description, that they might provide a clear and comprehensive mandate for the provision of access to video programming by person who are blind and visually impaired.

Ask your Congressman to:

1. Co-sponsor the legislation. 2. Contact colleagues about supporting the legislation. 3. Encourage forward movement of the House bill and encourage the Senate bill to go to markup.

Signed:

Day Al-Mohamed
Director of Advocacy and Governmental Affairs
American Council of the Blind
1155 15th St. NW
Washington DC 20005
Tel. 202-467- 5081
dalmohamed@acb.org

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