Closed Captioning Requirements for Digital Television Receivers

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket 99-254; FCC 99-180]

Closed Captioning Requirements for Digital Television Receivers

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Commission's rules to

adopt technical standards for the display of closed captions on digital

television (DTV) receivers. The Commission also proposes to require the

inclusion of closed captioning decoder circuitry in DTV receivers. The

proposals contained herein will help ensure access to digital

programming for people with disabilities. This action is taken to

fulfill the Commission's obligations contained in the Television

Decoder Circuitry Act of 1990.

DATES: Comments must be filed on or before October 18, 1999, and reply

comments must be filed on or before November 15, 1999.

ADDRESSES: Address all comments concerning this proposed rule to the

Commission's Secretary, Magalie Roman Salas, Office of the Secretary,

Federal Communications Commission, 445 12th Street S.W., Washington,

D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Neal McNeil, Office of Engineering and

Technology, (202) 418-2408, TTY (202) 418-2989, e-mail:

[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rule Making, ET Docket 99-254, FCC 99-180, adopted July 14,

1999, and released July 15, 1999. The full text of this document is

available for inspection and copying during regular business hours in

the FCC Reference Center, (Room TW-A306) 445 12th Street S.W.,

Washington, DC. The complete text of this document also may be

purchased from the Commission's duplication contractor, International

Transcription Service, Inc., (202) 857-3800, 1231 20th Street, NW,

Washington, DC 20036.

Electronic Access and Filing Addresses

Comments may be filed using the Commission's Electronic Comment

Filing System (ECFS) via the Internet at http://www.fcc.gov/e-file/

ecfs.html>. Parties may also submit an electronic comment by Internet

e-mail. To get filing instructions for e-mail comments, commenters

should send an e-mail to [email protected], and should include the following

words in the body of the message, ``get form .'' A

sample form and directions will be sent in reply.

Summary of Notice of Proposed Rulemaking

1. Closed captioning is an assistive technology that allows persons

with hearing disabilities to enjoy television programming. Through

captioning, the audio portion of programming is displayed as text

superimposed over the video. Closed captioning information is encoded

and transmitted along with the video signal of television broadcasts.

The text is not ordinarily visible. In order to display closed

captioning, viewers must use either a set-top decoder or a television

receiver with integrated decoder circuitry.

2. In 1990, Congress passed the Television Decoder Circuitry Act.

The Act was intended to reduce the cost to consumers of receiving

closed captioning, to make closed captioning more widely available, and

to create market incentives for broadcasters to invest in and provide

more captioned programming. The Act requires that television receivers

with picture screens 33 cm (13 inches) or larger contain built-in

decoder circuitry designed to display closed captioned television

transmissions. The Act also requires that the Commission take

appropriate action to ensure that closed captioning services continue

to be available to consumers as new video technology is developed. The

introduction of digital broadcasting now requires the Commission to

update its rules to fulfill its continuing obligations under the Act.

3. The Electronics Industries Alliance (EIA) has adopted EIA-708-A,

a standard which provides instructions for the encoding, delivery, and

display of closed caption information for digital television systems.

The standard provides for a larger set of captioning characters than

the existing caption standard. It also supports user options which

enable caption display to be customized for a particular viewer. For

example, closed caption decoders functioning pursuant to EIA-708-A may

permit viewers to change various attributes of caption text such as its

font, spacing, color, or screen position. This will allow viewers to

change the size and appearance of captions to suit their needs. Also,

using EIA-708-A, caption providers may distribute the caption text for

a particular program at different reading levels. Viewers would then

have the option of displaying the standard near-verbatim captions or

alternate ``easy-reader'' captions written for younger viewers or

beginner readers. Captions for that same program may also be

distributed in alternate languages, simultaneously. We believe that,

because of these attributes, EIA-708-A provides substantial benefits

for consumers, and substantial improvements over current captioning

standards.

4. The Commission proposes to incorporate Section 9 of EIA-708-A

into the Commission's rules. That section contains recommendations for

the operation of DTV closed captioning decoders. The recommendations

are intended to provide minimum performance standards for DTV caption

decoders. Because Section 9 supplies manufacturers with a set of common

basic functions for DTV caption decoders, we believe that it provides

sufficient guidance for the successful implementation of closed caption

services with digital television receivers. We propose to transcribe

the recommendations contained in Section 9 into requirements that will

be contained in part 15 of the Commission's rules. DTV receivers will

be required to function pursuant to the recommendations contained

therein.

5. During the transition period from analog to digital

broadcasting, programming will be transmitted in both analog and

digital formats. Accordingly, the first few generations of DTV

receivers are expected to be designed to operate in a dual mode. Dual

mode receivers will allow consumers to enjoy the enhanced quality of

digital broadcast stations while retaining the ability to watch

programming on existing analog stations, all with the same receiver.

For this type of receiver we believe that it is important to ensure

that closed captioning display capability is available in both modes of

operation. Accordingly, we propose to require that dual mode receivers

operating in the analog mode provide closed captioning functionality

pursuant to the Commission's existing rules for analog television

receivers. In the digital mode,

[[Page 41898]]

such receivers will be required to function in accordance with EIA-708-

A.

6. We note that EIA-708-A supports transport of standard analog

captioning information. However, we propose to require that the decoder

circuitry in digital tuners respond primarily to any digitally

formatted caption information. In that way we can ensure that consumers

who purchase DTV receivers will be able to take advantage of the new

capabilities of captioning in the digital environment. We seek comment

on this proposal.

7. We are aware that DTV reception capability will be marketed in a

number of ways. During the transition period we expect that many

consumers will purchase set-top DTV converter boxes that allow

digitally transmitted television signals to be displayed on analog

receivers. We also are aware that some manufacturers may choose to sell

DTV tuners and display units separately. Consumers will have the option

of customizing their DTV system in much the same way that is now done

for computer systems. We believe that most set-top converters and all

separately sold DTV tuners will be used with picture screens that are

13 inches or larger. Therefore, we propose to require that all such

devices be subject to the provisions of the 1990 Act and provide for

the display of closed captioning. Specifically, we propose to require

that DTV converter boxes used with analog receivers either decode any

analog caption information that is transmitted with the DTV signal or

pass this information directly to the receiver in a form recognizable

by the receiver's built-in caption decoder. Separately sold DTV tuners

will be required to have the capability to respond to digitally encoded

caption information. Although these converter boxes and tuners may be

marketed without display screens, we tentatively conclude that 47

U.S.C. 330(b) provides the Commission with authority to require closed

captioning capability in the devices. We seek comment.

Initial Regulatory Flexibility Analysis

8. As required by Section 603 of the Regulatory Flexibility Act, 5

U.S.C. 603, the Commission has prepared an Initial Regulatory

Flexibility Analysis (IRFA) of the expected significant economic impact

on small entities by the policies and rules proposed in this Notice of

Proposed Rule Making (``NPRM''). Written public comments are requested

on the IRFA. Comments must be identified as responses to the IRFA and

must be filed by the deadlines for comments on the NPRM provided above.

The Commission shall send a copy of this NPRM, including the IRFA, to

the Chief Counsel for Advocacy of the Small Business Administration in

accordance with paragraph 603(a) of the Regulatory Flexibility Act.

A. Need for and Objectives of the Proposed Rule

9. In 1990, Congress passed the Television Decoder Circuitry Act

(``TDCA''). The TDCA requires that any apparatus designed to receive

television broadcast signals, manufactured or imported for use in the

United States, must have the capability of displaying closed captioned

information if its television screen is 33 centimeters (13 inches) or

larger. In 1991, the FCC incorporated the TDCA into its rules by

requiring that each broadcast receiver shipped in interstate commerce,

manufactured, assembled, or imported after July 1, 1993 be capable of

displaying closed captioned information if its television screen is 33

centimeters or larger. See 47 CFR 15.119, Report and Order in General

Docket 91-1, 6 FCC Rcd 2419 (1991), 56 FR 27200, June 13, 1991.

10. The NPRM proposes to amend part 15 of our Rules to require that

digital television receivers be capable of displaying closed captioning

transmitted with television signals.

B. Legal Basis

11. The proposed action is taken pursuant to Sections 303(u) and

330(b) of the Communications Act of 1934, as amended, 47 U.S.C.

Sections 303(u) and 330(b).

C. Description and Estimate of the Number of Small Entities to Which

the Proposed Rules Will Apply

12. The RFA generally defines the term ``small entity'' as having

the same meaning as the terms ``small business'' ``small

organization,'' and ``small governmental jurisdictions.'' In addition,

the term ``small business'' has the same meaning as the term ``small

business concern'' under the Small Business Act, 15 U.S.C. 632, unless

the Commission has developed one or more definitions that are

appropriate to its activities. See 5 U.S.C. 601(3). Under the Small

Business Act, a ``small business concern'' is one that: (1) is

independently owned and operated; (2) is not dominant in its field of

operation; and (3) meets any additional criteria established by the

Small Business Administration (SBA). See 15 U.S.C. 632.

13. According to the SBA's regulations, television equipment

manufacturers must have 750 or fewer employees in order to qualify as a

small business concern. See 13 CFR 121.201, (SIC) Code 3663. Census

Bureau data indicates that there are 858 U.S. companies that

manufacture radio and television broadcasting and communications

equipment, and that 778 of these firms have fewer than 750 employees

and would be classified as small entities. See U.S. Department of

Commerce, 1992 Census of Transportation, Communications, and Utilities,

SIC Code 3663 (issued May 1995). The Census Bureau category is very

broad, and specific figures are not available as to how many of these

firms are manufacturers of television equipment. However, we believe

that many of the companies that manufacture television equipment may

qualify as small entities.

D. Description of Projected Reporting, Recordkeeping and Other

Compliance Requirements

14. The Commission's rules require television receivers to be

verified for compliance with applicable FCC technical requirements. See

47 CFR 15.101, 15.117, and 2.951, et seq. Documentation concerning the

verification must be kept by the manufacturer or importer. The rules

adopted in this proceeding require that digital television receivers

comply with industry-developed standards for closed captioning display.

However, testing regarding closed captioning display is not necessary

because compliance with the industry-developed standards, and the

associated Commission rules, can be determined easily during the

equipment design process. The Commission may, of course, ask

manufacturers and importers to document upon occasion how a particular

television receiver or computer system complies with the closed

captioning display requirements.

E. Significant Alternatives to Proposed Rules Which Minimize

Significant Economic Impact on Small Entities and Accomplish Stated

Objectives

15. None.

F. Federal Rules that May Duplicate, Overlap, or Conflict With the

Proposed Rule

16. None.

List of Subjects in 47 CFR Part 15

Communications equipment.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 99-19708 Filed 7-30-99; 8:45 am]

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