cvaa legal requirements for video programming
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CVAA Legal Requirements for
Video Programming
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Tim SpringerCEO
SSB BART Group
Maria BrownePartner
Davis Wright Tremaine LLP
Lily Bond (Moderator)Marketing Manager
+ +
Accessibility of Video Programming and Emergency Information
May 27, 2015
Prepared by: Maria Browne
Overview – What We’ll Cover
Closed captioning requirements for traditional TV programming including newly effective quality rules
Closed captioning requirements for Internet protocol (IP) delivered video programming required by 21st Century Communications and Video Accessibility Act (CVAA)
Video Description requirements for traditional TV programming Separate, additional rules for accessibility of emergency
information on TV and online
CLOSED CAPTIONING
Captioning Traditional TV
Closed Captioning rules today require the vast majority of English & Spanish content to be captioned, incl. VOD
– Applies to cable, broadcast and satellite distributors, but FCC expects distributors to contract with (and police) programmers
• Affiliation agreements typically require programmers to furnish captions in a compatible format
• Distributors may rely on programmer compliance certification
– Enforcement is complaint-driven
Captioning Traditional TV
Unless channel or specific program is exempt, must close caption:
100% of English- and Spanish- language “new” programming
– For analog, “new” is programming first published/exhibited on or after 1/1/98
– For digital, it is programming first aired on or after 7/1/02
Also, 75% English- and Spanish- language “pre rule” programming‑
– For analog, pre-rule is before 1/1/98
– For digital, pre-rule is before 7/1/02
Automatic Exemptions (for now)
Channel-specific: Annual channel revenue less than $3 million
Captioning costs in excess of 2% gross revenue
New networks first four years of channel operation
Program/content-specific: Programming over which distributor has no control (e.g., must-carry broadcast,
public access, etc.)
Late night (2 to 6 a.m. local time)
Interstitials, promos, and PSAs 10 minutes or less in duration
Primarily textual and non-vocal musical
Foreign language other than Spanish
$3 Million Revenue Exemption
“Annual gross revenue shall be calculated for each channel individually based on revenue received in the preceding calendar year from all sources related to the programming on that channel.”
– Revenue for channels shared between network and local programming shall be separately calculated for network and for non-network programming.
– Multicast streams are individual channels.
In calculating non-network revenues for channel offered as part of a multichannel package or tier, do not include pro-rata share of subscriber revenues, but include all other revenues from channel, including ads, ancillary revenue, and production-based revenues (third parties).
– Network and barter transactions should be included.
Pass-through obligation still applies to revenue-exempt channel.
New Network Exemption
“New Networks” are exempt for first 4 years of operation measured from launch (may change)
Re-branding existing network not likely a “New Network”
FCC Criteria:
– Continuous operation and revenue stream?
– New ownership/management?
– Substantial change in content and/or name?
– Channel position/number?
Primarily Textual Exemption
Where content of soundtrack is displayed visually through text or graphics, e.g.:
– Program schedule channels
– Community bulletin boards
– Weather radar channel
• Note: if content deemed important, may have aural description requirements soon, per FCC.
Live Traditional TV Programming
Electronic Newsroom Technique (“ENT”) satisfies captioning for scripted programming in some circumstances … for now
ENT may be allowed for non-broadcast networks serving less than 50% of households nationwide that subscribe to multichannel video programming services
– Usable for shows relying on teleprompter that can be leveraged to create captions
– Cannot be used for making improvised emergency information accessible (because no teleprompter script)
– Broadcasters had 90 days from Federal Register publication of caption quality rules to make good on promised “new and improved” ENT
New Captioning Quality Standards
Effective March 16, 2015
Four standards designed to ensure captioning quality replicates the auditory experience of TV programming
– Accuracy – must reflect dialogue, music, and other sounds, and identify all speakers, all with proper grammar/punctuation
– Synchronicity – video and audio content must match up
– Completeness – must run from beginning to end of program
– Placement – may not to block other visual content on screen, such as faces, text, graphics, etc.
* No quantitative metrics, and application of all four differs based on whether program is prerecorded, near-live or live
New Captioning Quality Standards
Accuracy, Synchronicity, Completeness & Placement apply differently if live, near-live or pre-recorded
– Prerecorded can have only de minimis errors, and real-time captioning is discouraged (may be used only if “necessary”)
– Live and near-live programming gets somewhat greater leeway given limited opportunity to review or edit captions
• Programmers should provide captioners advance materials (like relevant vocabulary) and high-quality audio to aid accuracy
• Programmers should use fade outs, advance delivery of audio to captioners, and/or “lingering” captions to ensure completeness
• For near-live, programmers should give captioners scripts, near-complete programs and/or live feeds, then edit and synchronize between taping and air
• Edits should be made to improve captioning quality before re-air
New Captioning Quality Standards
By June 4, 2015, MVPDs must use best efforts to get certification from each programmer that it either complies with FCC quality standards, adheres to “best practices” or falls within an exemption
• Locate on web site or other widely available location
• If cannot locate, inform programmer in writing of obligation
• Within 40 days, report non-certifying programmers to FCC
• If MVPD meets best efforts requirements, it becomes free from sanctions for captioning quality violations outside its control
Certification must be executed by programmer (not vendor)
Best practices include monitoring, trouble-shooting, spot checking, testing, and measures to improve quality through advance provision of information to captioners (scripts, song lines, proper names, etc.), training, and consumer outreach
Procedure for Reporting Non-Certifying Programmers
A VPD must send the name and contact information of the video programmer via e-mail to <[email protected]>
Upon receipt of a report identifying a non-certifying video programmer, the FCC will send an acknowledgement to the VPD by e-mail and will place the name of the non-certifying video programmer in a publicly available database.
If a video programmer provides a certification in compliance with the FCC’s rules after the VPD has submitted a report identifying the video programmer to the FCC as non-certifying, the VPD may notify the Commission of this certification via e-mail to <[email protected]>.
New Captioning Quality Standards
New codification of existing technical guidance for MVPDs to ensure proper pass-through of captions and corrective measures to ensure equipment is working
– MVPDs must monitor equipment to ensure pass-through
• Not necessary to monitor every program on every channel, but must conduct technical equipment checks
– Keep records of maintenance, monitoring, and technical checks
• Records must enable responses to consumer complaints and provide FCC sufficient information to evaluate compliance
• No particular format, but must retain at least two years, and produce to FCC upon request
Enhanced Functionality: Apps and Equipment
IP video applications, plug-ins and devices offered or upgraded after Jan. 1, 2014 by video programmer distributors (VPDs) must implement the enhanced captioning technical capabilities set forth in FCC rule 79.103(c) for presentation, character color, opacity, size, font and edge attributes, background color and opacity, window color, preview and setting retention
– Includes apps VPDs instruct to download
Equipment used to receive or play back programming used with screens that are 13” or larger (STBs) must also comply
Equipment used to receive or play black programming with screens less than 13” have achievability defense.
IP-Delivered Video Captioning
What’s covered?
Full length IP-delivered programs exhibited with captions on TV in U.S.
– Includes voluntary and required TV captions, not user generated or pirated
Soon, IP-delivered clips from programming with captions on TV in U.S.
– Newly posted “straight lift” IP video clips (January 1, 2016)
– Newly posted clip “montages” or compilations of “straight lift” clips (January 1, 2017)
– Newly posted clips of a time-sensitive nature – live or near-live programming – but with 8- or 12-hour grace period (July 1, 2017)
– Does not apply to IP video clips in VPDs’ online libraries prior to above dates
– Also does not apply to clips posted on third-party websites or apps
IP-Delivered Video Captioning
Who’s covered by IP Captioning Rules?
Video Programming Distributor (VPD): Entity that makes programming available to end user over IP
Video Programming Owner (VPO): Entity producing and/or licensing programming to VPD
– Or, acts as the VPD and has right to license (website)
IP rules do not apply if programming on “traditional managed” service is delivered via IP – rather, the rules for TV captioning apply
IP Video Compliance Obligations
VPOs must deliver covered program files with captions to VPDs
VPDs must use good faith to ensure covered programs captioned, and
Render or pass through captions to end user
Ensure required apps, plugins or software pass through or render and meet presentation specs
Both:
Must agree on ongoing “certification” mechanism
– Can be via affiliate website
All:
Captioning must be same quality as on traditional TV with respect to completeness, placement, accuracy and timing
IP Captioning Effective Dates
All newly aired content must now be captioned, with shrinking lead-times for archival programming
Programming that is already in the video programming distributor's or provider's library before it is shown on television with captions must be captioned:
– Within 45 days after it is shown on television with captions on or after March 30, 2014 and before March 30, 2015
– Within 30 days after it is shown on television with captions on or after March 30, 2015 and before March 30, 2016
– Within 15 days after it is shown on television with captions on or after March 30, 2016
VIDEO DESCRIPTION
Video Description on TV
Top market broadcast affiliates must provide 50 hours of video description per calendar quarter (i.e., insert audio narration into natural pauses in programs to describe what is happening on-screen, carried on secondary audio program (SAP) channel).
MVPDs with 50,000 or more subs must provide 50 hours of video description of prime time and/or children’s programming per calendar quarter for each top five Nielsen-rated national non-broadcast network
– Exemptions for networks with sufficient live or near live programming
– As of July 1, 2015: USA, TNT, TBS, Disney and History (was Nickelodeon)
– Covered networks updated on three year intervals
Video Description on TV
Broadcast network affiliate stations and MVPDs of any size must “pass through” video descriptions if they have the technical capability to do so
– Unless using the SAP channel for other purpose (e.g., Spanish language)
Technical capability exception available to stations and MVPDs that don’t have necessary equipment or infrastructure in place unless such can be acquired at minimal cost
No video description requirement for IP Video yet
– FCC reported to Congress
– However, FCC just released rules requiring description for IP emergency information
Video Description
… FCC issued Further NPRM April 2013 asking:
– Whether an MVPD must meet its pass through obligation when it permits subscribers to access linear video programming via tablets, laptops, PCs, smartphones or other similar devices?
– If so, does the technical capacity exception apply?
– Should FCC mandate a particular tag for video description stream?
– Should FCC mandate customer support for SAP issues and posting/filing of contact information to address concerns?
EMERGENCY INFORMATION
Emergency Information on TV
Video programming distributors must make TV emergency information accessible to:
– Deaf or hard of hearing – in visual format
– Blind or vision impaired – in audible format
No exceptions/exemptions – must comply, even if otherwise not captioning (due to, e.g., exemption)
In addition to (not same as) Part 11 Emergency Alert System
What is “Emergency Information?”
“Emergency Information” (“E/I”) includes critical details (news/crawls) about an emergency and how to respond
– Includes areas impacted by emergency, evacuation orders/routes, approved shelters, how to secure property, road closures and relief assistance
– Also includes immediate weather, school closings and bus scheduling, power outages and explosions
Primarily in area(s) where emergency is occurring but not limited to local area (also evacuation area, e.g.)
Visual Depiction of Aural Emergency Info on TV
What’s required?
Audio emergency information must be provided using closed captioning or other methods of visual presentation, such as open captioning, or onscreen crawls/scrolls/graphics/maps
– May not block or be blocked by closed captioning
– Pass through obligation applies
– If no closed captioning ability or ENT (script), must still present visually (screen graphics, white board, maps) i.e., off script
Describing Visual Emergency Info on TV
Visual emergency information in scheduled newscast must be aurally described in main audio
Visual emergency information in non-regularly scheduled programming or newscast (crawls or scrolls) must be accompanied by aural tone
By November 30, 2015 (per FCC 6 month waiver) providers must aurally describe Visual non-scheduled textual emergency information in program (i.e., scrolls or crawls) using Secondary Audio Stream (SAS) at least twice preceded by tone
By November 2016 (per FCC 18 month waiver) providers must ensure that non-textual Visual non-scheduled information (graphs or charts) be aurally described on the SAS
Pass Through of Secondary Audio Stream
Distributors must pass through to consumers emergency information contained in the Secondary Audio Stream
Waiver issued for hybrid analog/digital system that do not have equipment enabling pass through until equipment obtained or broadcasters cease transmitting in analog. May instead provide notice to and offer free digital boxes to blind or sight impaired customers. May verify but allow wide array of support
Waiver issued for analog only systems that do not have equipment enabling pass through until June 12, 2018 with FCC dictated mandatory accessibility notice
Description of Emergency Info Online
New rules requiring visually displayed emergency information to be available aurally on “second screens” – such as tablets, laptops, or smartphones – via a secondary audio stream when linear programming from a multichannel video programming distributor (MVPD) is viewed via that MVPD’s network via app
Manufacturers of covered devices, such as STBs, must also provide mechanism comparable to a button for accessing SAP
“Two year timeline”
FNPRM asking whether school closings/bus schedules in crawls must be described (stayed pending decision) and priority of emergency information
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Closed CaptionsOverview
• Standard method of displaying text on screen with a video
• Generally used to provide a transcription
• Provided in a separate, synchronized data format
• Presentation and appearance user controllable
• Caption content subject to style guide
• Quality is a rapidly maturing requirement
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Closed CaptionsBenefits
• Video access for individuals with hearing impairments
• Support for individuals learning to read
• Support for individuals learning a second language– Strong data to support this is
actually the largest caption market
• Public environment video access
• Search engine support
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Closed CaptionsNamed Technical Specifications
• CEA 608 – Analog television closed caption standard• CEA-708 - Digital television closed caption standard
– Far more comprehensive captioning standard– The current standard referenced in rulemaking
• SMPTE-TT - Society of Motion Picture and Television Engineers Timed Text Format– SMPTE ST 2052-1:2010– XML caption format– Defines the SMPTE profile of W3C Timed Text Markup
Language (TTML)– Safe harbor format– Can be directly created from (and store) CEA 608 captions
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Closed CaptionsSafe Harbor Technical Specifications
• SMPTE ST 2052-1:2010– Safe harbor for VPOs delivering captions to VPDs [47 CFR 79.4 (c) (1) (i)]– Safe harbor for VPDs that provide applications, plug-ins or devices to render
video [[47 CFR 79.4 (c) (2) (i)] referencing [47 CFR §79.103(c) (11)]– SMPTE RP 2052-10:2013 defines recommended practice for converting CEA-
608 to SMPTE-TT– SMPTE RP 2052-11:2013 defines recommended practice for converting CEA-
708 to SMPTE-TT• Alternate format allowed if agreed upon between VPO and VPD
– “where use of an alternate standard results in noncompliant captions, both parties may be held responsible for violation of our rules” (FCC 12-9 ¶126)
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Closed CaptionsOther Common Formats
• Varies based on Content Delivery Network (CDN) and player• Scenarist Closed Caption (.scc) – Standard for television
(CEA-608) closed captioning– Preferred format for YouTube– Binary data
• SubRip (.srt) and SubViewer (.sbv,.sub) – Basic, plain text formatted captions for video
• WEBVTT (.vtt) –Web Video Text Tracks Format. Essentially an advanced format of SubRip from W3C Community
• And many more. More advanced formats = more control over caption appearance
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Closed CaptionsAuto Captioning
• Various online services provide automatic captioning– Proceed with extreme
caution• Best practice is to use
automatic captioning with human review
• Best of breed organizations do this
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Closed CaptionsExamples
• Web Accessibility 101 Series– https://
www.youtube.com/channel/UCMaj9TLWOF6fx-bFdapY1AA/videos
• Self Driving Car– https://www.youtube.com/watch?v=cdgQpa1pUUE
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Audio Description
• Secondary audio track describing visual information
• Audio descriptions provided in pauses between dialog
• The golf announcer voice
[email protected] | (800) 889-9659 | www.ssbbartgroup.com
Audio DescriptionExamples
• Web Accessibility 101: Readability– Primary Video - https://
www.youtube.com/watch?v=6dFakpCp7S8– Audio Track -
https://teramark.ssbbartgroup.com/clients/mp3/Thomas%20Logan%20-%20Readability%20-%20AudioDescription.mp3
• Self Driving Car– https://www.youtube.com/watch?v=peDy2st2XpQ
Q&A
44
Maria Browne, Partner
Davis Wright Tremaine LLP
(202)973-4281
Tim Springer, CEO
SSB BART GROUP
(415)624-2705
Lily Bond, Marketing Manager
3Play Media
(617)764-5189 x119
Captioning for Broadcast, Media + Entertainment• www.3playmedia.com/solutions/entertainment
Video Clip Captioner• www.3playmedia.com/services-features/tools/
video-clip-captioner/
CVAA Online Captioning Requirements• Info.3playmedia.com/wp-cvaa.html
Web Accessibility 101 Series• https://www.youtube.com/channel/
UCMaj9TLWOF6fxbFdapY1AA/videos
Audio Description Example• https://www.youtube.com/watch?v=cdgQpa1pUUE
RESOURCES