News from IAAIS

by Marjorie Williams, Executive Director, Minds Eye Information Service

For many years, audio information services have stuck to SCA channels, telephone lines and hidden SAP channels in order to secure their programming from those who did not qualify to receive their services. There were just a few exceptions, like WRBH, which airs a reading service over 88.3 FM in New Orleans and the few that broadcast their audio over an open cable channel in their area.
As HD Radio and Digital TV progress as viable mediums to place your programming on, you may ask yourself, how necessary is it for you to place barriers to listening? Every audio information professional has certainly heard someone suggest that they start broadcasting free and clear so more people would know about them.

But is it legal?

That's always the question that host station managers ask. After many years of our industry repeating the mantra of hidden channels, it is time to tell them, YES!

Per Public Law 94-553, Section 110: ". . . the following are not infringements of copyright: . . . (8) performance of a nondramatic literary work by or in the course of a transmission specifically designed for and primarily directed to blind or other handicapped persons who are unable to read normal printed material as a result of their handicap, or deaf or other handicapped persons who are unable to hear the aural signals accompanying a transmission of visual signals, if the performance is made without any purpose of direct or indirect commercial advantage and its transmission is made through the facilities of: (i) a governmental body; or (ii) a noncommercial educational broadcast station (as defined in section 397 of title 47); or (iii) a radio subcarrier authorization (as defined in 47 CFR 73.293-73.295 and 73.593-73.595); or (iv) a cable system."

Your first thought might be that it says we must broadcast through a subcarrier or a cable system, but because of the option of a noncommercial educational broadcast station, the options extend to any type of radio or television broadcasts. Any way you broadcast in the open should be accompanied by a disclaimer stating your broadcasts are intended for people who are blind or print impaired.

You can access the whole copyright law at http://www.copyright.gov/title17/ and the IAAIS's breakdown of the parts of the law most applicable to reading services at http://iaais.org/COPYRGT.DOC.

What about curse words?

Here's where you might find yourself in some warm water. Many stations choose to or are forced to by their host stations, bleep out, certain words. Others continue to read as the printed word as it is.
However, on July 13, the federal appeals court struck down the FCC's policy on indecent words saying that it violated the first amendment. The court wrote, "By prohibiting all 'patently offensive' references to sex, sexual organs and excretion without giving adequate guidance as to what 'patently offensive' means, the FCC effectively chills speech, because broadcasters have no way of knowing what the FCC will find offensive." While the ruling is likely to be appealed, it is expected that the end result will be that the FCC will have to define exactly what cannot be said, which will provide clearer guidance for all media outlets.
You can read the New York Times article about this topic at, http://www.nytimes.com/2010/07/14/business/media/14indecent.html?_r=1&sq=court%20ruling%20on%20language&st=cse&adxnnl=1&scp=1&adxnnlx=1280516507-1n9nUMN/T/Db+7rqvEiZ7w

How Do I Know Who is Listening?

This will be the toughest question for those who are required by grantors to display their effectiveness. Without a closed channel, anyone can listen without your knowledge, a blessing and a curse. This might be the main problems that stations will have to deal with. With SCA and other closed types of broadcasts, a station with good records should be able to have a relatively good count of how many people are listening to their station.

Many stations with open channels may choose to go the same route as other broadcasters, forming listener clubs with prizes and other benefits. As far as counting listeners, a station can use the guidelines that were set forth by the IAAIS in 2005 which can be found at http://iaais.org/ListenerCountGuide05.htm.

In the end, your station will have to decide whether or not an open or closed channel is right for you. Opportunities, like the ability to go to HD-3 radio right now without waiting for conditional access to be ready, will abound for stations who decide that the pros outweigh the cons of going with an open channel. Keep in mind that the Government Relations Committee is not a committee of lawyers and this is not legal advice. If you want to get legal counsel specific to your needs, you should consult a lawyer in your area.