D. E. Current Availability of Programming With Closed Captioning B. Obligations as to Non-Exempt Programming - Transition Rules 26 C. Obligations as to Non-Exempt Programming - Transition Rules 1. Closed captioning is an assistive technology designed to provide access to television for persons with hearing disabilities. Closed captioning is similar to subtitles in that it displays the audio portion of a television signal as printed words on the television screen.' To assist viewers with hearing disabilities, captions may also identify speakers, sound effects, music and laughter. Section 305 of the Telecommunications Act of 1996 ("1996 Act") added a new Section 713, Video Programming Accessibility, to the Communications Act of 1934, as amended ("Communications Act").2 Section 713 requires the Commission to prescribe, by August 8, 1997, rules and implementation schedules for captioning of video programming.3 In enacting Section 713, Congress generally required that video programming be closed captioned, regardless of distribution technology, to ensure access to persons with hearing disabilities. This Notice of Proposed Rulemaking ("Notice") seeks comment on proposed rules and implementation schedules to fulfill the statutory mandate of Section 713. Our proposals are based on comments and information submitted in response to a Notice of Inquiry in this proceedings and additional data 1 See Implementation of Television Decoder Circuitry Act, Report and Order ("TDCA R&O"), GEN Docket No. 91-1, 6 FCC Rcd 2419, 2420 (1991), recon. granted in part, Memorandum Opinion and Order, 7 FCC Rcd 2279 (1992). Further background information concerning closed captioning can be found in DuBow, The Television Decoder Circuitry Act -- TV For All, 64 Temp. L. Rev. 609 (1991), and on the World Wide Web home page of the Caption Center of the WGBH Educational Foundation ("WGBH"): http://www.wgbh.org/pages/captioncerterhome.html. Copies of materials from the World Wide Web that are cited have been placed in the record of this proceeding. 2 3 Pub. L. 104-104, 110 Stat. 56 (1996). Section 713 to the Communications Act, 47 U.S.C. § 613. Section 713 contains provisions concerning closed captioning and video description of video programming. The scope of this Notice is limited to the closed captioning of video programming. Video programming may be delivered to consumers through a variety of technologies. These distribution technologies include broadcast television, cable television, wireless cable, direct-to-home satellite services (such as direct broadcast satellite service and home satellite dishes), satellite master antenna systems, and local telephone exchange carrier video. S On December 1, 1995, the Commission adopted a Notice of Inquiry in this proceeding which sought comment on a wide variety of issues related to closed captioning and video description of video programming based on the legislation that was pending at that time. Closed Captioning and Video Description of Video Programming, Notice of Inquiry, MM Docket No. 95-176, FCC 95-484, 11 FCC Rcd 4912 (1996). On February 27, 1996, the Commission announced its intention to use the comments filed in this proceeding for the inquiries it was required (continued...) gathered by the Commission for our Report to Congress on video accessibility that was issued on July 29, 1996, pursuant to the requirements of Section 713(a)." 2. Section 713 is intended to further Congress' goal "to ensure that all Americans ultimately have access to video services and programs, particularly as video programming becomes an increasingly important part of the home, school and workplace." It is "designed to ensure that video services are accessible to hearing impaired. . . individuals" by promoting the accessibility of video programming to persons with disabilities, regardless of the delivery mechanism used to reach consumers." In this Notice, the Commission discusses proposals intended to maximize the amount of programming containing closed captioning with appropriate exemptions and reasonable timetables to take into account the relevant technical and costs issues involved, 10 3. In Section II of this Notice, we set out the provisions of Section 713, examine the scope of the statutory requirements, and summarize the proposals in this Notice. We also provide background information regarding the current regulation of closed captioning, the current availability of closed captioning by programming types and by various program providers," the methods and costs involved in closed captioning and the available resources for captioning. In Section III, we discuss: (1) the obligation to comply with our closed captioning requirements; (2) closed captioning obligations as to non-exempt new programming, including phase in schedules; (3) closed captioning obligations as to non-exempt library programming, including phase in schedules; (4) exemptions for classes of programming and providers; (5) exemptions based on existing contracts; (6) exemptions under the undue burden standard; and (7) standards for quality and accuracy. In Section IV, we propose enforcement and compliance mechanisms. Throughout this Notice, we seek comment on our proposed closed captioning requirements. We "(...continued) to conduct on these issues pursuant to Section 305 of the 1996 Act and extended the period for filing comments. Closed Captioning and Video Description of Video Programming, Order, MM Docket No. 95-176, FCC 96-71, 11 FCC Rcd 5783 (1996). Appendix A lists all parties responding to the inquiry. 6 Section 713(a) required the Commission to conduct an inquiry into the availability of video programming with closed captioning. See Implementation of Section 305 of the Telecommunications Act of 1996 - Video Accessibility, Report, MM Docket No. 95-176, FCC 96-318 (released July 29, 1996), summarized at 61 Fed. Reg. 42249 (August 14, 1996). 7 H.R. Report 104-458 104th Cong., 2d Sess. ("Conference Report") (1996) at 182. 9 H.R. Report 104-204, 104th Cong., 1st Sess. ("House Report") (1995) at 113-114. 11 The legislative history of 1996 Act defines the term "provider" as the "specific television station, cable operator, cable network or other service that provides programming to the public." House Report at 114. also invite commenters to provide alternative proposals that will fulfill the congressional mandate to ensure video accessibility to individuals with hearing disabilities. 4. Section 713(b) requires the Commission within 18 months of enactment to adopt rules to ensure that: (1) video programming first published or exhibited after the effective date of such (2) video programming providers or owners maximize the accessibility of video Section 713(c) further provides that: Such regulations shall include an appropriate schedule of deadlines for the Notwithstanding the provisions of Section 713(b), the statute permits certain exemptions of closed captioning requirements. Specifically, under Section 713(d): (1) the Commission may exempt by regulation programs, classes of programs, or (2) a provider of video programming or the owner of any program carried by the (3) a provider of video programming or program owner may petition the For purposes of defining undue burden under Section 713, Section 713(e) states that: The term "undue burden" means significant difficulty or expense. In determining (1) the nature and cost of the closed captions for the programming; (4) the type of operations of the provider or program owner. 5. At the outset, we note that the provisions of Section 713 apply to all types of video programming delivered electronically to consumers, regardless of the entity that provides the programming or the category of programming. 12 In this Notice, we propose rules and implementation schedules for closed captioning requirements for the various distribution technologies used to deliver this programming to consumers. We consider over-the-air broadcast television service (both commercial and noncommercial) and all multichannel video programming distributors ("MVPDs"). Among these distributors are: cable television, direct-to-home ("DTH") satellite services, including direct broadcast satellite ("DBS") services and home satellite dishes ("HSD"); wireless cable systems using the multichannel multipoint distribution service ("MMDS"), instructional television fixed service ("ITFS") or local multipoint distribution ("LMDS"); satellite master antenna television ("SMATV"); and open video systems ("OVS").13 We further consider the sources of video programming distributed by these technologies, including programming from commercial and noncommercial broadcast television networks, basic and premium cable networks, syndicated programming, and locally or regionally produced broadcast and cable programming. 6. The following summarizes our proposals to implement the closed captioning requirements under Section 713: Responsibility for compliance with captioning requirements: Our tentative proposal is to require those entities that deliver video programming directly to consumers (i.e., television 12 See Conference Report at 183. 13 See Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, Third Annual Report ("1996 Competition Report"), CS Docket No. 96-133, FCC 96-496, FCC Rcd (released Jan. 2, 1997). This report provides detailed information regarding all available video distribution technologies. |