Closed captioning is an assistive technology designed to provide access to television for persons with hearing disabilities by displaying the audio portion of a television signal as text on the television screen. Beginning in July 1993, the Federal Communications Commission (FCC) required all analog television sets with screens 13 inches or larger sold or manufactured in the United States to contain built-in decoder circuitry to display closed captioning. Beginning July 1, 2002, the FCC also required that digital television (DTV) receivers include closed captioning display capability.

In 1996, Congress required video program distributors (cable operators, broadcasters, satellite distributors and other multi-channel video programming distributors) to close caption their television programs. Pursuant to this requirement, the FCC in 1997 set a transition schedule requiring distributors to provide an increasing amount of captioned programming.

Benefits of Closed Captioning

Closed captioning provides a critical link to news, entertainment, and information for individuals who are deaf and hard-of-hearing. For individuals whose native language is not English, English language captions improve comprehension and fluency. Captions also help improve literacy skills. You can turn on closed captions through your remote control or on-screen menu. The FCC does not regulate captioning of home videos, DVDs, or video games.

New Programming

As of January 1, 2006, all new English language programming must be closed captioned, with some exceptions. The FCC has set separate schedules for analog TV programming existing before January 1998 and digital programming existing before July 2002, and for programming in Spanish.

Pre-Rule Programming

Analog programming first shown before January 1, 1998, and digital programming first shown before July 1, 2002, are called “Pre-Rule Programming.” Pre-Rule Programming must be captioned as follows:

Spanish Language Programming

Because captioning is fairly new to Spanish language program providers, the FCC has provided a longer time period for compliance. Spanish language programming that was first shown after January 1, 1998, must be captioned by 2010 with some exemptions. The following schedule applies to Spanish language “New Programming,” or programming shown after January 1, 1998:

For Spanish language “Pre-Rule Programming” (first shown before January 1, 1998) the following schedule applies:

For more information on the FCC’s closed captioning rules and requirements, go to www.fcc.gov/cgb/dro/caption.html.

Exempt Classes of Programming

There are two categories of exemptions from the closed captioning rules: self-implementing exemptions and exemptions available when compliance with closed captioning rules would pose an undue burden. For self-implementing exemptions, programmers do not need to petition the FCC. Examples include public service announcements that are not paid for with federal dollars, programming on new networks, and programming that is primarily textual in nature. There is a very narrow exemption for locally-produced and distributed non-news programming with no repeat value. To see a complete list of self-implementing exemptions, go to http://www.fcc.gov/cgb/dro/captioning_regs.html.

Exemption Based on Undue Burden

The FCC has established procedures for petitioning for an exemption from the closed captioning rules when compliance would pose an undue burden. To find out about the undue burden exemption, visit the FCC Web site at http://www.fcc.gov/cgb/dro/caption_exemptions.html.

A petition, which may be in the form of a letter, must include facts demonstrating that implementing closed captioning would impose an undue burden, or a significant difficulty or expense. There is no form to fill out. A summary of the petition process is provided at the FCC Web site address above. While a petition is pending, the petitioner is exempt from the closed captioning requirements.

Complaints for Failure to Provide Closed Captioning

If you have a complaint for failure to provide closed captioning during non-emergency programming, the FCC requires that you first try to resolve your complaint with your video programming provider, i.e., News Channel 13. Your complaint must be in writing, provide the specifics and evidence of the failure, and be filed no later than the end of the calendar quarter following the calendar quarter in which the failure occurred. For example, if the alleged failure occurred on May 3, 2005, your complaint must be filed by September 30, 2005. The video programming provider must respond in writing to your complaint within 45 days after the end of the calendar quarter in which the failure occurred, or 45 days after receipt of your written complaint, whichever is later. Your complaint should include:

You may mail a copy of your complaint to: FCC, Consumer & Governmental Affairs Bureau (CGB), 445 12th Street, SW, Washington, DC 20554, fax it to: 202-418-0232, or e-mail it to: fccinfo@fcc.gov. You can also fill out an online complaint form at: www.fcc.gov/cgb/complaints.html.

If a video programming provider fails to respond to a complaint or a dispute remains after the response, you may file it directly with the FCC by mail, fax, or email, as indicated above. You must file an original and two copies of your complaint within 30 days of the deadline for the video programmer to respond. Your complaint must contain evidence to support your claim of a violation. It must also certify that you first sent the complaint and supporting evidence to the video programming provider. Finally, you must mail the complaint and supporting evidence to the video programming distributor.

Access to Emergency Information

The FCC also requires that video programming distributors that provide emergency information do so in a format that is accessible to people who are deaf, hard of hearing, blind, or have impaired vision. Emergency information is information that helps to protect life, health, safety, or property. Examples include hazardous weather or dangerous situations such as the discharge of hazardous material, power failures, or civil disorders.

Emergency information that is provided in the audio portion of the programming must be provided using closed captioning or other methods of visual presentation, such as open captioning, crawls, or scrolls that appear on the screen. Emergency information must not block any closed captioning, and closed captioning must not block any emergency information. The information provided visually must include critical details regarding the emergency and how to respond. For more information on access to emergency information go to www.fcc.gov/cgb/dro/emergency_access.html, or view an accessibility of emergency video programming fact sheet at www.fcc.gov/cgb/consumerfacts/emergencyvideo.html.

Complaints Involving Lack of Access to Emergency Information

If you have a complaint alleging a violation of the FCC’s access to emergency information rules, you may send your complaint to the FCC by mail, fax, email, or the Internet, as indicated previously. You may also submit your complaint by recording, Braille, or by phone at: 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY.

Your complaint should include the name of the video programming distributor, the date and time of the omission of access to emergency information, and the type of emergency. The FCC will notify the video programming distributor of the complaint, and the distributor must reply to your complaint within 30 days.

01/04/06