Published on:

Audio Description Requirements Extend to Nielsen Television Designated Market Areas 101 to 110 on January 1

By , and

Beginning January 1, 2025, the FCC’s audio description requirements will expand to commercial television stations affiliated with ABC, CBS, FOX, or NBC in 10 additional Nielsen Designated Market Areas (DMAs): Johnson City-Bristol-Kingsport, Reno, Greenville-New Bern-Washington, Davenport-Rock Island-Moline, Tallahassee-Thomasville, Lincoln & Hastings-Kearney, Evansville, Fort Wayne, Johnstown-Altoona-State College, and Augusta-Aiken.  Audio-described programming is intended to make video programming more accessible to blind or visually impaired consumers by inserting “audio narrated descriptions of a television program’s key visual elements into natural pauses between the program’s dialogue.”

In October 2023, the FCC adopted the Audio Description Second Report and Order, which expanded the audio description requirements to all television markets.  As set out in the Order, 10 additional DMAs will be phased in each year through 2035 until all DMAs are subject to the audio description rules.

Under Section 79.3 of the FCC’s Rules, stations subject to the audio description requirements must provide at least 50 hours of audio-described programming per quarter during primetime or children’s programming, and an additional 37.5 hours of programming per quarter aired between 6 a.m. and 11:59 p.m. local time.  The requirement applies to any of a station’s programming streams, whether primary or multicast, if the stream is affiliated with ABC, CBS, FOX, or NBC.

The next deadline, January 1, 2025, will apply to DMAs 101 to 110, with markets 111 to 210 phased in through 2035 according to the below schedule.

Markets          Compliance Deadline

101-110           January 1, 2025

111-120           January 1, 2026

121-130           January 1, 2027

131-140           January 1, 2028

141-150           January 1, 2029

151-160           January 1, 2030

161-170           January 1, 2031

171-180           January 1, 2032

181-190           January 1, 2033

191-200           January 1, 2034

201-210           January 1, 2035

As the January 1, 2025 deadline approaches, broadcasters in markets 101-110 should take proactive steps to ensure their technical facilities are equipped to provide audio described-programming and implement any necessary technical updates to meet the audio description requirements.  Stations may petition the FCC for a full or partial exemption from complying with the audio description rules by demonstrating that compliance would be economically burdensome on the station.  Stations requiring assistance are encouraged to contact the attorneys in Pillsbury’s Communications Practice for specific compliance advice.