On May 26, 2015, the FCC’s Media Bureau adopted an Order granting ACA’s request for a pair of narrowly tailored waivers exempting certain analog-only and hybrid analog/digital (“hybrid”) systems from the requirement to make visual emergency information audibly accessible to blind or visually-impaired subscribers through a secondary audio stream. 

Under the Bureau’s ruling, qualifying hybrid systems may meet the pass-through requirement by providing free digital set-top boxes (“STBs”) to customers who are blind or visually-impaired, while qualifying analog-only systems have until June 12, 2018 to comply. 

Background.  On April 9, 2013, pursuant to the Twentieth Century Video Accessibility Act of 2010, the FCC released an Order adopting rules that require video programming distributors, a category that includes MVPDs, to pass through an audio translation of on-screen emergency information text crawls.  Under the existing rule, emergency information provided visually during non-newscast video programming must be accompanied by an aural tone.  Under the new rule, which went into effect May 26, 2015, emergency information must be accompanied by an aural tone and also be made audibly accessible to individuals who are blind or visually-impaired through the use of a secondary audio stream.  Although local broadcast stations typically create and insert emergency information, the rule applies to all video programming providers and distributors.

            ACA Waiver Petition.  ACA filed a petition on March 18, 2015 requesting two different types of waivers – for hybrid and analog-only systems – that lack the equipment to pass through a secondary audio stream over their analog feeds. 

            Alternative Compliance for Hybrid Systems.  The Media Bureau granted ACA’s request that hybrid systems be permitted to comply with the requirement to pass through audible emergency information on a secondary audio stream through the alternative means of providing free STBs.  Under the Bureau’s Order, qualifying hybrid systems may meet the pass-through requirement by providing free STBs, until such time as the hybrid system obtains equipment necessary to pass through the audio translation, or ceases providing its analog service. 

            The STBs provided as an alternative means of compliance must enable the customer’s receipt of secondary audio streams of all stations carried in digital format that provide audible emergency information and must otherwise comply with Commission rules.  In addition, the Bureau’s Order specifies that qualifying hybrid systems must provide blind and visually-impaired customers as many STBs as they need to access the emergency information for as many analog TV sets in the household that are connected to the cable service (but may require verification of eligibility using procedures adopted by the FCC in its 2013 User Interfaces Order). 

            Finally, within five months of release of the Order, and annually thereafter, qualifying hybrid systems must provide notice, in all accessible formats, to all analog and potential analog service customers who are blind or visually-impaired that they will need a digital STB from their cable system in order to access emergency information through the secondary audio stream.  Notice may be provided via email, a billing statement or insert, or by a phone call.

Delayed Compliance for Analog-Only Systems.  The Media Bureau also granted ACA’s request to waive the compliance deadline until June 12, 2018 for analog-only systems that lack the equipment necessary to provide the secondary audio stream. 

            To take advantage of the waiver, analog-only systems must provide a “Mandatory Accessibility Notice” stating that the operator qualifies for an FCC waiver relieving it of the responsibility to pass through audible emergency information on the secondary audio stream when it is provided for customers who are blind or visually-impaired.  The notice must also inform blind and visually-impaired customers that “other television providers in your area may make emergency information audible on the secondary audio stream,” and specify that this information differs from EAS alerts.  Similar to that of qualifying hybrid systems, notice must be provided to current analog customers within five months of the release of the Order and annually thereafter via a billing statement or billing insert, phone call or email. 

If you have questions regarding the FCC’s accessibility rules, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.  

FCC Proposes FY 2015 Cable Regulatory Fees

The Commission has released its proposed Fiscal Year 2015 Regulatory Fees:

• 2015 cable regulatory fee:  Cable systems (including IPTV systems) that had subscribers as of December 31, 2014 must pay $0.95 per subscriber, a $0.04 decrease from 2014. 

• CARS licenses and permits:  CARS facilities operating on October 1, 2014 must pay $655.00, a $50 increase from 2014, even if the facility’s license expired after October 1, 2014. 

• Interconnected VoIP regulatory fee:  $0.00329 for each dollar of interstate and international telecommunications revenue that a provider reports on its Form 499-A. 

For the first time, the FCC has concluded that DBS providers DirecTV and Dish Network should be included as a sub-category of payors to the “Cable and IPTV” the fee category.  In the FY 2015 Notice of Proposed Rulemaking, the FCC proposes that DirecTV and Dish Network pay a $0.12 per subscriber fee based on their video subscribers, helping to lower the proposed cable regulatory fee $0.04 from last year’s level. 

Following adoption of its FY 2015 Fee Order, the FCC will collect these fees during a filing window later this summer.  All licensees must use their FRN and password to access the Fee Filer System, and review, create, update, or change the fees owed.  Then, each licensee must make payments electronically – online payment with a credit card, online payment from a bank account, or by sending a wire transfer.  Fee Filer will print a Form 159-E for users to transmit via fax for wire transfers. 

If you have any questions about regulatory fee payments, please contact Scott Friedman at (312) 372-3930 or sfriedman@cinnamonmueller.com.