05-S0900 on Apr 26, 2005

OFFICIAL CONGRESSIONAL SUMMARY: A bill to reinstate the Federal Communications Commission's rules for the description of video programming.

SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: This bill would require television broadcasters, during at least 50 hours of their prime time or children's programming every quarter, to insert verbal descriptions of actions or settings not contained in the normal audio track of a program. This can be accomplished through technology commonly referred to as "video description services," which allows television programming to be more accessible and enjoyable for the visually impaired.

This bill is necessary due to a 2002 decision by District of Columbia Circuit Court of Appeals. In 2000, the FCC, recognizing the need to make television programming accessible to the visually impaired, mandated that television broadcast stations provide 50 hours of video descriptions during prime time or

children's programming every calendar quarter. Television programmers challenged the Commission's authority to promulgate such rules. The Circuit Court held that the Commission did not have authority to issue the regulations.

This bill would provide the Commission the authority to promulgate such regulations and reinstate the FCC's video description rules issued in 2000. Since the spectrum that television broadcasters utilize is a public asset, one would expect that programming over the public airwaves is accessible to all Americans. Unfortunately, that is not the case today and that is why we must pass the TIVI Act. I sincerely hope that television broadcasters will work with us to provide video descriptions for individuals with visual disabilities.

LEGISLATIVE OUTCOME:Referred to Senate Committee on Commerce, Science, and Transportation; never came to a vote.