American Council of the Blind News Notes on Video Description

Charlie Crawford, executive director of the American Council of the Blind, continues to be a big supporter of video description on television.  The following items are excerpted from his weekly NEWS NOTES FROM THE NATIONAL OFFICE.

June 27, 2003:  Video Description survives big attack in U. S. Senate!

[Note:  It is now important to contact members of the Congressional committee, to influence the wording in their bill.  See next article too.)

Thanks to the great advocacy of ACB members and many many other friends of video description, the restoration of the DVS rule remains a part of the committee bill to reauthorize the FCC.  The compelling fairness of our cause and the voice of our people were heard loud and clear in the Senate; despite active opposition from MPAA and some of their associates.

An amendment was added to make video description restoration more attractive to all blindness organizations.  This amendment requires the FCC after reinstating the DVS rule, to undertake a serious review of voicing scripted text crawlers and other printed information to the screen.  The review would be to determine the extent to which such additional accessibility would be feasible from an economic, technological and public interest point of view.  Such a review would in fact be a good thing to once and for all deal with whether the additional access is really possible or necessary beyond the requirements of the original rule and could be done without interference with video description of programming.

Our deepest gratitude goes out to all who made the calls and sent the emails, faxes, and letters.  We ask that you continue to stay in touch with your Senators to insure they know you appreciate their efforts and vote in favor of restoring video description once the bill works it's way to the floor.  The next challenge is the House of Representatives, and with the determination we used with the Senate on our side, let's go for it!

June 13, 2003:  Great News!  Video Description in Senate bill!

ACB and the TV Access Coalition are thrilled to announce that Senator John McCain of Arizona who is the Chair of the senate committee responsible for the Federal Communications Commission has included express and clear language [see below] in his proposed reauthorization of the FCC bill to provide both the authority and requirement to reinstate the Video Description rule.  This is a major development and we ask that all ACB, TV Coalition members and indeed any friend of video description communicate immediately with your United States Senators to ask them to support Senate 1264 which is due for Committee action this very Thursday [the vote is/was delayed until the week of the 17th].  You can call (202)-225-3121 and ask for your Senator's office.  Once you reach them, then ask for the legislative aid who deals with telecommunications policy and communicate your support for video description and Senate 1264 to that person.  Ask them to have their boss, (your Senator) get in touch with Senator McCain who chairs the Senate Committee on Commerce, Science and Transportation and let him know they support the bill.

It's also important that you contact your Congressional Representative in the U.S. House of Representatives [see below] to ask him or her to contact Chairman William Tauzin of the House Committee on Energy and Commerce to include the same language as the Senate bill with respect to video description in the House version of FCC reauthorization.

This is our opportunity to restore access to television programming and all who care about this issue need to get busy on your phones with Congress and with your friends and even folks you don't like so much, but who will get in touch with their Senators and Reps.  Smile.

There are those in the industry who will argue that they are doing video description on a voluntary basis and that no mandate is necessary.  The reality is that we know this voluntary effort is spotty and people are losing out on getting described programs and it's getting worse.  Only restoration of the video description rule will guarantee us access to what all others take for granted.

[Here is the applicable text as proposed in S. 1264]

[Here's how to contact your Senator or Representative]

[Here is a pointer to members of the Senate Communications Committee, responsible for the Senate bill.]

[Here is a pointer to members of the House Committee on Telecommunications, which is responsible for developing the Congressional version of the FCC bill.]

March 14, 2003:  Video Description Restoration Act begins long journey.

In the wake of the DC court of Appeals decision vacating the FCC video description rule based upon insufficiently express language from Congress mandating the service, a powerful coalition of groups have formed to restore our access to television programming.  The groups include Deafness, disability groups, blindness groups, AARP and providers.

ACB is pleased to announce that we have sent what we have called the Video Description Restoration Act to contacts we have made in congress and we are hopeful that the bill will be introduced soon.  Not only will it address restoration of video description and expansion over time, but will also seek to make screen menus accessible and able to be navigated by blind users.

Once we have identified the necessary next first steps in the process of launching our campaign, we will be asking for all the help our friends and members can supply in strategic moves aimed at swift passage of the VDRA.  To be sure, the ACB legislative seminar starting a week from today will feature much about our effort and the time will have finally come to make our voice and our choice known to those who represent us in congress.

March 7, 2003:  Video Description Restoration Act about to be launched!

ACB and our audio description coalition partners have been on the move this week in getting the right language hammered out for a Video Description Restoration Act.  Much like when the air passengers protections had to be restored by Congress, so too must we now join the struggle to restore our rights to access to television programming through audio description.  Not only must we seek access to the programming, but also to the means of gaining access to on screen menus and navigation of those menus.  It will not be easy, but it is imperative that we restore access as a fundamental matter of fairness and we will win.  More to come.

February 7, 2003:  Descriptive video heating up.

Have you noticed the amount and variety of television shows this weekend? It was a pleasure to have the dilemma of trying to figure out which described television shows to watch last night! Law and Order came in at number one for Charlie Crawford, but there were plenty of other choices for everyone. We can't allow this to become a memory of the good old days. ACB is moving forward with an advocacy agenda for described video with our partners in the struggle and more will be shared at the upcoming Presidents' midyear meeting in Pittsburgh and at the legislative seminar in March!

January 24, 2003:  Descriptive video conference call agrees on strategy.

The major players in getting descriptive video fully back on track for the future met last week and agreed on a strategy of collecting as much information as we can on the performance of the producers and the program distribution system on getting described programming to our TV sets.  This means any lack of description where it should have been, must be reported to ACB by sending an email to info@ACB.org with the subject line DVS tracking.  We will collect the data on stations who fail to carry the sap described audio, or cable networks not supplying either the programming or the feed, and of course any drop of described video by providers of programming.

This information will prove critical to making the case that even though much DVS has survived, the lack of a comprehensive national distribution policy even in places covered by the previous FCC order only supports the need for a clear requirement for described video.

November 22, 2002:  Audio Description partners plan appeal of court decision.

While the chances are hardly absolute, ACB and our partners in seeking retention of the FCC mandate for video description have determined that a legal strategy from our lead attorney may well be plausible.  In view of this, we have agreed to initiate putting together an appeal of the black Friday decision with coalition wide support.

In related news on the coalition, we are pleased to report that Telecommunications for the Deaf (TDI) and the national Association of the Deaf (NAD) have shown their support for our battle for access by joining the coalition.  We further anticipate the involvement of other disability groups out of solidarity for the cause and we welcome them into this effort that so richly deserves the advocacy we have poured into it.

November 15, 2002:  Descriptive video access coalition expands.

Keeping descriptive video alive and growing is not just a priority for the American Council of the Blind. Our access coalition welcomed Audio Describers International and the American Association of People with Disabilities into the effort this week. Strategic talks continued and there will be regular communications between the groups in support of audio description as our advocacy continues to unfold.

We would appreciate folks letting us know the status of descriptive video on your stations and programs to make sure we have a good idea of how much voluntary compliance is going on and where there may be softening of support from the industry. Our current understanding is that none of the previously covered entities under the FCC ruling have backed off their current commitments and we are optimistic that there are lots of supportive people in the industry to keep the ball rolling. You may send electronic mail to info@ACB.org with the subject line of DVS tracking to keep us aware of your situation.

Our advocacy movement has begun to implement contingency plans based upon many variables including industry action, legal analysis, legislative alliances, and community support. For now, the future is looking much more bright but remember that eternal vigilance is the price of liberty as Thomas Jefferson has reminded us all.

November 12, 2002:  News Release:  Blindness Coalition Vows Court Decision Won't End Described Video

November 8, 2002:  Black Friday ends; described video hope returns.

In the wake of the court decision vacating the FCC rule for descriptive video, there are already signs of hope and victory to come.  ACB notes that, 1) the infrastructure for the delivery of described video on TV is in place, 2) we have made friends in the industry, 3) the Motion Picture Association has said it plans to continue to make movies accessible, 4) more blind people than ever before have been exposed to what television can really be like, 5) the conviction of our coalition remains strong and ready to act, and 6) it is likely that much of the current video described programming will continue because it has already become a part of the delivery system.

On Monday morning, there will be a strategic meeting of the coalition and we will begin the process of restoring video description where that needs to happen and building for an even greater campaign to bring the fruits of described video to blind people on a regular basis.  Make no mistake, we will not go back.

For those who have won a battle on the legal front on the grounds that they did not want to be mandated to provide description; are you now prepared to continue providing the service for it's own sake?   If not, we now invite you to tell blind children how you saved them from the government that literally forced all those nice people in the industry who did nothing for 15 years to provide the same TV that their sighted friends and classmates continue to have.  For those from the National Federation of the Blind who oppose video description, now you can tell our elderly blind population how they have to sacrifice access to television so you can keep the employment priority for their own darn good.  Oh yes, and don't forget to tell the rest of us how truly silly we are for simply wanting to watch the same shows as every other American.  It's time to drop the rhetoric and join ranks with all blind people who deserve better than this.  Whether those who have engaged in oppositional and shameful behavior redeem themselves by joining us now or not, we will continue our march to equality and not rest until we are there.  Why?  We matter enough as people to have the same rights of access that all other Americans demand.

September 6, 2002:  Described video: D day in Washington.

September 6, 2002 will be long remembered as a day of great importance to the struggle for equality for our national blindness community.  It was the day the DC Federal Court of Appeals heard the cases against the Federal Communications Commission rule and order implementing television described video in the United States.

There were no seats left in the court room.  ACB members from 4 states and DC along with our partners filled the rows as the oral arguments before the court began.

The legal issues were rather dry.  The Two contested points were whether the FCC went beyond it's authority in promulgating the regulations and whether television programming content was being unlawfully impacted upon by the rule?  The Motion Picture,  broadcasting, and cable trade groups said yes and the FCC and we said no.  The other challenge to the regulation came from the attorney representing The National Federation of the Blind whose two arguments were that described video may provide access but at the price of a lessening of the image of blindness in the public view and that the FCC should have dealt with the text that is on the screens first.  The only good thing he had to say in our view was that his side did not make common cause with the industry groups in outright opposition to audio description.  We will refrain from what we think of this other than to point out that outside the NFB, you would be hard pressed to find a blind person in America who would agree with the Federation attacking the rule.

While the judges will decide the case, ACB and our partners from AFB to the Blinded vets, from The National Center on Media Access to the Washington EAR, and others; can take enormous pride in the fact that our members came and stood for what is right, our legal representation was excellent, and we believe when the dust settles; video description will remain the law of the land.

July 19, 2002:  ACB adds to complaint against DirecTV.

There seems to be a problem with DirecTV satellite TV especially on the carrying of local stations and descriptive
video.  ACB filed a complaint with the FCC and has since discovered at least two more members with the problem.  We have added one and will add the other next week.

April 26, 2002:  Descriptive video tracking reports start rolling in.

As we approach the end of the first month of descriptive video programming, the news is mixed on implementation. While we are just starting to get reports requested to be addressed to info@ACB.org with the subject line of DVS tracking, the very early information is showing good performance by Fox television followed by CBS with less stellar results from ABC and concerning reports about NBC. It appears that the cable networks are coming up to speed and in all cases with Fox already doing great and CBS doing well, the month of May should be much better than April.

Some of the failure to see top 25 market network stations running description has to do with late equipment orders and this phenomena has also happened with cable systems. The satellite providers need attention.

We encourage people to continue to keep in touch with both local stations, cable systems and satellite providers to help them understand that viewers are concerned to get description. We also ask folks to send in reports on implementation in your areas. You can do this by sending email to info@ACB.org using the subject line of DVS tracking. We will develop a profile to share with the FCC once we feel a pattern can be demonstrated both in the positive and negative columns. Folks may also wish to view our fact sheet on video description at our web site (What You Need To Know About Video Description).

April 5, 2002:  FCC and Court say yes, but where's the DVS?

Now fancy that. The national office has been hearing rave reviews about video description, but we have also heard disappointing reports about local station, satellite services and cable systems, failing to pass through the SAP channel. We have also received complaints about televisions and remote controls that only allow for selection of the SAP through the use of vision.

ACB will now need to set two strategies in motion. The first will be the development of a fact sheet to provide members and friends with what you need to know in order to speak effectively on the issue with relevant parties. Second will be a method to convey complaints to the Federal Communications Commission. We are especially concerned about local cable operators who are a part of a larger system that does not seem to be very quick in upgrading their service and equipment. After all, they have only had 18 months to do so.

On the positive side, we hasten to congratulate those members of the industry who have not only met their obligation, but were prompt and even proactive in doing so. While we have miles to go before we get to watch all those programs, we thank those who have been so supportive and advise the rest that we have come too far to turn back and it's only a matter of time, enforcement, and advocacy until we are watching your stuff too.

March 29, 2002:  How do we describe success?

Just ask the judge! It's been a great victory for ACB and all of our partners in the effort to get descriptive video on the air across the nation. The one remaining hurdle will be in September when the appeals court will hear the case against the FCC video description rule, but we can take lots of pleasure in having won upholdings of the original FCC implementation timeline both at the FCC itself and in yesterday's appeals court decision. ACB remains very optimistic that our legal team will present a very credible defense of the FCC ruling when the full court hearing occurs and we expect to win the final battle. In the meantime, let's kick back, turn on the tube and fully enjoy television in ways we have never been able to do; happily, just like everyone else.

In a related story, ACB Exec Director Charlie Crawford in the good company of other ACB members such as Kim Charlson, Judi Cannon, Barry Levine, and Audley Blackburn, had the pleasure of addressing the Audio Describers International at the Kennedy Center for the Performing Arts. Charlie outlined a brief history of video description for television and complimented the efforts of pioneers such as Margaret Pfanstiehl and the Washington Ear for their contributions to the quality of art for blind people. Charlie further went over and answered the objections of the movie and broadcast industries and the National Federation of the Blind against Description.

Return to Arts Access Video Description Status Report.

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