The National Federation of the Blind along with several large industry
associations filed lawsuits last week challenging a new order by the
Federal Communications Commission that requires the biggest TV and cable
networks to describe about four hours a week of video programming.  The
suits were filed last week in Washington, DC at the 11th circuit court of
appeals.  The NFB called the rules "arbitrary and capricious."  All of the
lawsuits seek to have the court throw out the rules and find that the
commission exceeded its authority by mandating audio description.  The
actions by the NFB are significant.  It represents one of the few times a
disability organization has entered the federal courts to stop
implementation of policy or regulation that would increase accessibility
for people with disabilities.  it is also significant that a disability
organization has joined with industry to block an expansion of disability
access.

The full text of the lawsuits filed with the court follow.  the lawsuits
were filed in paper form. Electronic copies were not
available from the court.  Any typographical errors are likely a result of
scanning and not that of the filers.  The documents are quite brief.  I am
told that this provides those filing the lawsuits with the maximum
flexibility in making any number of arguments later.

Kelly



Text of NFB complaint.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

NATIONAL FEDERATION OF THE BLIND, Petitioner

FEDERAL COMMUNICATIONS COMMISSION, Respondent

Case No.: 01-1155

Filed: 4/2/01

PETITION FOR REVIEW

The National Federation of the Blind hereby petitions the Court for review
of the Order of the Federal Communications Commission in Implementation of
Video Description of Video Programming, MM Docket No 99-339, Memorandum
Opinion and Order on Reconsideration, FCC 01-7, adopted on January 18,
2001.
        In this proceeding, the Commission adopted and revised rules
requiring the largest broadcasters and multichannel video programming
distributors to provide video description of television programming in
specified amounts. The new rules codified at 47 C.F.R.  79.2, 79.3, are
arbitrary and capricious and otherwise not in accordance with law.

This Petition for Review is filed pursuant to Section 402(a) of the Communications Act of 1934, as amended, 47 U.S.C.  402(a).  This Court has
jurisdiction over these matters pursuant to 28 U.S.C.  2342(1) & 2344.  Venue lies in this Court pursuant to 28 U.S.C.  2343.

Respectfully submitted,

Daniel F. Goldstein Joshua N. Auerbach Brown, Goldstein & Levy, LLP

300 Maryland Center 520
West Fayette Street Baltimore, Maryland 21201

Attorneys for Petitioner

CERTIFICATE OF SERVICE

I hereby certify that on this 27th day of March, 2001, copies of the foregoing Petition for Review were sent by certified mail, postage prepaid,
return receipt requested, to:

Hon. Jane E. Mago Interim General Counsel Federal Communications Commission
445 12th Street, S.W. Washington, DC 20554

Joshua N. Auerbach

Text of Second papers

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

MOTION PICTURE ASSOCIATION OF AMERICA, NATIONAL ASSOCIATION OF BROADCASTERS, and NATIONAL CABLE TELEVISION ASSOCIATION, Petitioners,

v.

FEDERAL COMMUNICATIONS COMMISSION, Respondent.

Case No. 01-1149

PETITION FOR REVIEW

The Motion Picture Association of America, the National Association of Broadcasters, and the National Cable Television Association ("Petitioners"),
hereby petition this Court for review of the final order of the Federal Communications Commission in Implementation of Video Description of Video
Programming, MM Docket No 99-339, Memorandum Opinion and Order on Reconsideration, FCC 01-7 (adopted Jan. 18, 2001) ("MO&O").  The final order
in this proceeding was published in the Federal Register on February 1, 2001. 66 Fed.  Reg 8521 (Feb. 1 2001).  In this rulemaking proceeding the
Commission adopted and revised rules requiring broadcasters and multichannel
video programming distributors, i.e., cable and satellite television operators ("MVPDs"), to provide "video descriptions" of television programming.  The new rules are codified at Sections 79.2 and 79.3 of the
Commission's rules, 47 C.F.R.  79.2, 79.3.  A true and correct copy of the MO&O is annexed hereto.

Jurisdiction and Venue

This Petition for Review is filed pursuant to Section 402(a) of the Communications Act of 1934, as amended.  47 U.S.C 402(a).  This Court has
jurisdiction over the matters in this case pursuant to 28 U.S.C.  2342(1)
& 2344.  Venue lies in this Court pursuant to 28 U.S.C. 2343.

Nature of the Claims

As aggrieved parties who participated in the rulemaking proceedings below in
MM Docket No 99-339, and associations whose members will be adversely affected by implementation of the rules adopted therein, each of the Petitioners is properly a party in the instant review proceeding before the
Court.  Relief is sought on grounds that the Commission's order adopting the
video description rules, and the rules themselves, are inconsistent with the
Communications Act of 1934, as amended, 47 U.S.C 151 et seq., and are otherwise not in accordance with the law.  The rules also impose a scheme of
compelled speech on Petitioners' members, and are inconsistent with the First Amendment to the United States Constitution.  Petitioners ask that
this Court hold unlawful, set aside, enjoin, annul, and vacate the Commission's video description rules and the orders adopting them.

Respectfully submitted,

By:  Robert Corn-Revere Ronald G London

HOGAN & HARTSON L.L.P 555 13th Street, N.W.  Washington, DC 20004 (202) 637-5600

Counsel for Petitioners Motion Picture Association of America, National Association of Broadcasters and National Cable Television Association

Dated: March 28, 2001


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