On July 1, 2012, the FCC’s video description rules, which implement the Twenty-First Century Communications and Video Accessibility Act of 2010, took effect. Video description is an audio description of a program’s key visual elements for the visually impaired. 

Under the new rules, local broadcast affiliates of the Big Four networks (ABC, CBS, Fox, and NBC) and the top 5 non-broadcast networks (Disney Channel, Nickelodeon, TBS, TNT, and USA) in the top 25 markets must provide 50 hours per quarter of video-described prime time or children’s programming. On July 1, 2015, these rules will extend to the top 60 television markets. 

MVPD systems serving 50,000 or more subscribers must generally pass through the video description provided by the applicable broadcast station or network.  MVPD Systems serving fewer than 50,000 subscribers must pass through the applicable broadcast station or network video description if: (i) the station or network provides a video description; (ii) the channel on which the programming is carried is technically capable; and (iii) the provider is not using the technology for another purpose that would conflict with providing video description. 

If you have any questions about the FCC’s video description rules, please contact James Moskowitz at (202) 872-6881 or jmoskowitz@cm-chi.com  or Adriana Kissel at (312) 372-3930 orakissel@cm-chi.com.