28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)

Narrative description. (Section-by-Section Analysis)

The Department is also considering options under which it might require that movie theater owners and operators exhibit movies with narrative descriptions, which enable individuals who are blind or have low vision to enjoy movies by providing a spoken interpretation of key visual elements of a movie, such as actions, settings, facial expressions, costumes, and scene changes.  The descriptions are narrated and recorded onto an audiotape or disk that can be synchronized with the film as it is projected. For example, a special reader head attached to the film projector can read a timecode track printed on the film, which then sends a signal using an infrared or FM transmitter to the theater where the narration can be heard on headsets equipped with receivers and worn by the movie patron.

As with captioning, the same two issues arise with this technology:  the cost and the change to digital movies and projectors.  The Department understands that the cost of narrative description equipment is less than that for closed captioning.  Generally, movie studios contract with entities to provide the narrative description, and it can be done at the same time captioning is created.  The Department understands that when theaters move to digital technology, both the caption data and the narrative descriptions can be embedded into the digital signal that is projected.

Question 25:  Should the Department require that, one year after the effective date of this revised regulation, a public accommodation will exhibit all new movies with narrative description?  Would it be more appropriate to require narrative description less frequently?  Should the requirement for narrative description of movies be tied to the use of a digital format?  If so, why?  Please include specifics regarding how frequently narrative description should be provided.