by Penny Reeder
On July 21, the Federal Communications Commission, in an historic three-to-two vote, approved a plan to require broadcasters to adopt technology which will allow blind people to follow the action on their television screens by listening to narration interspersed between lines of dialogue and broadcast over the Secondary Audio Programming (SAP) channel on stereo television sets and VCRs. The rules will require that network-affiliated broadcasters in the top 25 television markets use the secondary channel for roughly four hours per week, either as prime-time or children's programming, beginning in the spring of 2002. Cable systems and satellite operators with 50,000 or more subscribers will be required to provide the service for their most popular networks.
Live news shows, sporting events — which often include play-by-play descriptions — and talk shows are exempt from the rules, because the action they contain is generally described in naturally occurring dialogue. The plan is limited to analog broadcasters, but may be applied to emerging digital broadcasters later. The commission intends to gather information and experience with this technology to help evaluate the possibility of expanding and improving the scope of the program.
The rules will cover local emergency information that is part of a newscast, or that interrupts regularly scheduled programming, and when emergency information scrolls across the screen, an audible tone will be required to alert people that important information has been provided. This emergency policy will take effect 60 days after the rules are published in the Federal Register.
On the Friday morning of the crucial hearing, ACB members and others who have actively advocated for video description for television programming filled the hearing room at the Federal Communications Commission. The vote on video description was the last item on the commissioners’ agenda. As descriptive video came up for discussion and the crucial vote, Richard Rueda, ACB’s summer intern from California who was sitting next to me, whispered, “The moment of truth!”
The vote, which some in the blindness community had optimistically characterized earlier in the morning as “in the bag,” was in fact, a nail-biter, as two of the five commissioners noted in their pre-vote remarks that they could not vote for a video description mandate because they did not believe the FCC had been given a Congressional mandate in this area.
When Commissioner Ness cast the deciding affirmative vote, supporters of video description for television heaved a collective sigh of relief, and began to contemplate a celebration! FCC Chairman William E. Kennard said in summary remarks which demonstrated his empathy with people who cannot see, and his essential understanding of the issues involved, “This is important to allow everyone to participate in the television experience.”
Post-Hearing Interviews and Celebrations
Immediately after the hearing, I asked Scott Marshall, who had compiled much of the statistical information which demonstrated the need and desire for video description when he worked for the American Foundation for the Blind (AFB) as a Vice President for Governmental Relations, if he had been surprised by the two dissenting votes.
“Well,” Marshall said, “I think the commissioners stated some of the concerns that they had heard from the industry about the jurisdiction on this issue, and I think that’s what they were reflecting.”
I asked Paul Schroeder, who is now Vice President for Governmental Affairs at AFB, and Alan Dinsmore, AFB’s Senior Governmental Relations Representative, if they anticipate a challenge to the FCC ruling. Both expressed cautious optimism, and noted that when Section 255 of the Telecommunications Act was enacted, there was concern about a possible court challenge from the affected industries. “That didn’t happen,” said Dinsmore. “The industry had clearly expressed a lot of concern, but the challenge didn’t happen.”
Dr. Margaret Pfanstiehl, President of the Metropolitan Washington Ear, a radio and dial-in reading service for the Washington, D.C. metropolitan area, had been working toward achieving the goal of audio-described television programming for nearly 15 years. I asked her how she was feeling.
“Well, what can I say,” she answered, “other than that it’s such a very happy day for all the low vision and blind Americans who have been frustrated over the lack of access. Help is on the way!”
Charlie Crawford told the mainstream media, “Blind people will now have the opportunity not only to enjoy programming, but to engage sighted friends and neighbors in conversations about programs in a way we have never been able to do before: as full participants in the experience and as equals in the conversation.”
Sighs of relief gave way to celebratory toasts, as ACB staff members gathered in the conference room at the national office to exchange stories, share snacks, and toast the victory at the FCC with sparkling cider — before moving on to wage new battles and take up other causes, which will, we have every confidence, lead to a day of independence and meaningful opportunity for blind people everywhere.