FCC Can’t Require Emergency Video Description in Mobile Devices, Say DirecTV, Others

The proposal to require multichannel video programming distributors to provide emergency video description over mobile devices isn’t based on a congressional mandate, said DirecTV. In the CVAA, Congress told the FCC to implement emergency video description for TV, and to study providing the service over IP, DirecTV said. “The juxtaposition of an explicit grant of authority with respect to closed captioning of programming delivered via IP and the mere requirement for a study of the issues potentially relevant to providing video description via IP is especially telling.” DirecTV referenced MPAA v. FCC, where rulemakings were struck down under similar circumstances.

Several other entities challenged the FCC’s authority to make the proposed rule. “In the event that the MVPD’s programming is provided outside of the home setting and over the Internet, we believe it is similarly not subject to the CVAA since the FCC lacks authority to impose obligations on such IP-delivered video programming content” said the Telecommunications Industry Association.

Developing the technology to support video description and emergency information over Internet Protocol “would be a massive undertaking” said DirecTV. “Linear programming delivered via IP today does not include this capability, nor does the equipment used to view such programming support it.” More “data added to the video stream would further congest already strained broadband capabilities,” said the DBS company. Such a move would be technically challenging, said NCTA. “Cable operators today typically pass through just a single IP audio stream to apps -- the main audio stream -- and most will need to redesign their equipment and services to enable pass through of a second IP audio stream."

If MVPDs are required to make audio streams with emergency video description available for mobile devices, NCTA and CEA said the companies should get two years to come into compliance. “If the Commission decides to require the pass through of a second IP audio stream, it must provide sufficient time for operators to support this capability going forward,” said NCTA. “A phase-in period of at least two years is essential,” said CEA. “If a new technical standard is needed to ensure interoperability for these services on mobile devices and networks, the implementation deadline should be based on adoption of the standard, which could take longer than two years."

CTIA said manufacturers of mobile devices and wireless service providers shouldn’t fall under the proposed rules in the further NPRM. “Mobile device manufacturers have no control over the audio functionality of an MVPD application, said CTIA. “The Commission should clarify that mobile device manufacturers cannot be subject to the CVAA obligations that the FCC chooses to place on MVPD applications."

A proposal to require companies to provide customer service lines for complaints about emergency video description service drew several challenges. “CVAA provides no direction for the Commission to impose such a requirement; there is no evidence such a requirement is necessary,” said the American Cable Association. “It would be exceedingly burdensome for small operators to commit the necessary resources for such dedicated customer support,” MVPDs’ existing customer service setups should be sufficient, and the commission should avoid limiting the industry’s flexibility, said ACA. Concerned about the burden to broadcasters, NAB said the system for addressing customer service problems with video description should be modeled on “the Commission’s well-established closed captioning complaint process."

NAB also challenged the commission’s proposal to “tag" the secondary audio streams providing the video description,, saying that could cause older DTV receivers to malfunction. CEA agreed, and said the industry is already examining the issue. “Premature Commission rules in this area would likely have unintended negative consequences for consumers and hamper the ability of industry experts to devise solutions that will benefit the greatest number of consumers in the shortest time possible,” said CEA.