USA Today article on video description.

Section C Money
Groups challenge descriptive services for blind Narrator tells visual action

By Paul Davidson
USA TODAY
WASHINGTON -- Kathy Blackburn, who is blind, expected the climax of The West
Wing's season finale to reward her season of faithful viewing. Instead, the
White House drama left her frustrated.
In the final scene, a reporter asks President Bartlet if he'll run again,
resolving a storyline building for weeks. The answer, though, was not
spoken: Bartlet simply stuffs his hands in his pockets and smiles. That
gesture, an earlier scene revealed, meant, ''Yes.''
''I knew something had to have happened,'' says Blackburn, 51, of Austin,
Texas. ''It was quite annoying. This was the finale.''
Such problems prompted the Federal Communications Commission last year to
require broadcasters to offer the nation's 8 million to 12 million visually
impaired people the equivalent of closed-captioning for the deaf. Called
descriptive video service (DVS), it allows a user to turn on a second audio
track in which a narrator describes visual action. TVs made since 1993 have
the capability, also sometimes used for Spanish language dubbing.
The feature also was expected to be used by sighted people doing other
things, similarly to how people use closed captioning in a bar or gym.
But recently, the National Association of Broadcasters (NAB), the Motion
Picture Association of America (MPAA) and the National Cable and
Telecommunications Association challenged the order in court. The groups say
the FCC exceeded its authority, and by compelling speech, violated the First
Amendment. They also say the order would cost too much and delay production.

With the case before a U.S. Court of Appeals here that has been loath to
shackle businesses, video description's opponents ''have a better than
average shot'' of overturning the order, says George Reed-Dellinger of
Washington Analysis.
''It's outrageous,'' says Jeff Chester of the Center for Media Education.
Noting that the government gave broadcasters $70 billion worth of spectrum
for digital TV, he says, ''The disability community is asking for something
minor in return.''
Yet, the standoff is not simple. It pits two associations for the blind
against each other and forces FCC Chairman Michael Powell to defend a
position he opposed as commissioner.
And it raises such questions as: Should an artist have to change his or her
message? Should government mandate a service that, while enhancing quality
of life, is not essential?
Video description of a few movies and TV shows began around 1990, on the
premise that much of the meaning is in visual cues that the blind miss.
''It equalizes the playing field,'' says Charles Crawford of the American
Council of the Blind. ''You can enjoy TV like anyone else rather than trying
to guess what you saw.''
Some libraries offer described videos; some movie theaters provide headsets.

WGBH, a public TV station in Boston, pioneered descriptive video service and
now supplies it to 169 PBS stations for programs such as Masterpiece
Theatre.
The only commercial DVS is on cable's Turner Classic Movies, which has
described about 200 titles, including The Wizard of Oz.
Crawford has urged major networks to voluntarily offer DVS for years. Their
refusal helped spur the FCC's action.
Under the measure, network affiliates in major markets would have to offer 4
hours a week of prime time or children's shows by June 2002. Cable and
satellite operators would have a similar requirement for top networks. Live
news, sports and talk shows are exempt. And rapid-fire dialogue discourages
DVS use for situation comedies.
WGBH produces video description for about $4,400 per program hour, a
pittance, Crawford says. WGBH estimates that it would cost local stations
$5,000 to $25,000 to be able to handle the extra audio channel.
In an FCC filing, the NAB estimates upgrade costs for at least one network
to be as high as $1.6 million. WGBH's Larry Golderberger contends it could
be much lower and notes that some networks already have equipment in place
to provide Spanish-language service.
The MPAA, meanwhile, told the FCC that DVS, ''would push programs' release
dates back substantially.''
Another concern is government meddling. ''You would be establishing a
precedent that the FCC could establish a programming requirement when it
thought it was a good idea,'' says Robert Corn-Revere, an attorney
representing all three plaintiffs.
While lack of access to phones can be ''life threatening'' and limit full
participation in society, requiring video description is ''analogous to a
mandate that radio transcripts be made available to the hearing impaired,''
the NAB says.
The National Federation of the Blind agrees. ''Society needs to focus on
things that really help us move head, such as jobs and Braille for blind
kids, not that satisfy our needs for entertainment,'' says the NFB's Curtis
Chong.
But Kathy Blackburn's husband, Audley, also blind, disagrees: ''Why should I
be a second-class citizen in any part of this culture, whether it's
entertainment or jobs?''
The TV industry's core legal argument is that Congress, in the
Telecommunications Act, ordered the FCC only to issue a report on DVS. By
contrast, it told the agency to order closed-captioning. In dissenting on
the DVS vote, Powell, then a commissioner, echoed that view.
Former FCC chairman William Kennard, who championed the new rules, counters:
''It's pretty clear the FCC has the authority to require DVS under its
broad'' authority to promote the public interest.
Hollywood's arguments also cite the First Amendment. The mandate,
Corn-Revere says, requires ''whole new scripts.'' He adds, ''You can't force
people to utter words.''
Indeed, putting the visual into words forces creators to ''utter a message,
however worthy, which they do not wish to convey,'' the MPAA says.
''There are an infinite number of descriptions, choice of timing, voice
inflection. There's no universal way to capture precisely'' the artist's
message, says MPAA's Rich Taylor.
Counters Audley Blackburn: ''I suggest they're compromising their artwork
now by not making information available to all the audience.''


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