FCC Extends Waiver for TV Audible Crawl Rule: Looking to Eliminate the Requirement

Last week, the FCC’s Media Bureau extended the waiver of the Audible Crawl Rule for TV stations. According to it’s Memorandum Opinion and Order:

“...[O]n the Media Bureau’s own motion, we extend the waiver of a rule that requires television broadcasters to provide an aural representation of visual, nontextual emergency information that is displayed during non-newscast programming, such as radar maps or other graphics, on a secondary audio stream.  For the reasons discussed below, we grant the extension for an 18-month period (through November 29, 2027) or until there is a ruling on a pending NAB petition for rulemaking and waiver extension, whichever is sooner.”

The Audible Crawl Rule requires that emergency information provided visually during non-newscast video programming must be made audibly accessible to individuals who are blind or visually impaired through the use of a secondary audio stream.  However, the rule has been subject to a series of waivers and has never been enforced since enacted in 2015.

With respect to the current waiver, the Media Bureau stated:

"The waiver is applicable to the requirement in the Audible Crawl Rule that video programming distributors and providers provide an aural representation of visual, non-textual emergency information that is displayed during non-newscast programming, such as radar maps or other graphics, on a secondary audio stream."

The Media Bureau noted that it simply cannot be implemented with current technology and there is no indication that it will be developed soon.  Also, while the Bureau stated this waiver did not prejudge action on the NAB’s waiver petition, the full commission is planning to address the issue at its meeting on April 30th.  

The FCC is expected to revise the rule and will:

“Propose to amend the Audible Crawl Rule to specify that compliance is met if a textual crawl provides emergency information duplicative of or equivalent to the visual, non-textual emergency information, so long as the textual crawl is also conveyed aurally.  Pursuant to existing requirements, the aural version of a textual crawl containing emergency information must be available on the secondary audio stream.”

The FCC is expected to, “tentatively conclude that a technical solution to comply with the current rule is not currently possible with regard to visual but non-textual emergency information, making compliance with the rule infeasible absent the proposed revision to the Audible Crawl Rule.” 

You can see the Media Bureau’s Memorandum Opinion and Order granting the extension here.

You can see the FCC proposed Further Notice of Proposed Rule Making for its April Meeting here.