# FCC-08-255: Closed Captioning of Video Programming Closed Captioning Requirements for Digital Television Receivers (11/07/08): Closed Captioning of Video Programming Closed Captioning Requirements for Digital Television Receivers

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/FCC_FCC_08_255

## Section

- **Citation:** FCC-08-255: Closed Captioning of Video Programming Closed Captioning Requirements for Digital Television Receivers (11/07/08)
- **Heading:** Closed Captioning of Video Programming Closed Captioning Requirements for Digital Television Receivers
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** FCC Declaratory Rulings / Closed Captioning of Video Programming Closed Captioning Requirements for Digital Television Receivers

## Text

Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Closed Captioning of Video Programming
Closed Captioning Requirements for Digital
Television Receivers
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CG Docket No. 05-231
ET Docket No. 99-254
FCCOS-255
DECLARATORY RULING, ORDER, AND NOTICE OF PROPOSED RULEMAKING
Adopted: November 3, 2008
Released: November 7, 2008
Comment Date: 30 days after date of publication in the Federal Register
Reply Comment Date: 45 days after date of publication in the Federal Register
By the Commission: Commissioners Copps, Adelstein, Tate, and McDowell issuing separate statements.
I.
INTRODUCTION
1.
In this Declaratory Ruling, Order, and Notice of Proposed Rulemalcing we take steps to
ensure that all Americans, including persons who are deaf or hard of hearing, can enjoy video
programming. In the Declaratory Ruling, we clarify several points regarding video programming
distributors' obligations to close caption digital programming Wlder section 713 of the Communications
Act of 1934, as amended (Act), and the Commission's implementing regulations.1 We are especially
mindful of the need to clarify our rules in light of technological changes inherent in the digital television
transition for full-power broadcasting, which must be completed by February 17, 2009, by Congressional
mandate.2 In the accompanying Order, we amend our rules to provide for more efficient complaint
processes and methods for consumers to contact distributors with concerns about closed captioning.
Finally, in the attached Notice of Proposed Rulemaking, we seek comment on how the exemption in
section 79 .1 ( dX 12) of the Commission's rules should apply to digital broadcasters that multicast
onal
mandate.2 In the accompanying Order, we amend our rules to provide for more efficient complaint
processes and methods for consumers to contact distributors with concerns about closed captioning.
Finally, in the attached Notice of Proposed Rulemaking, we seek comment on how the exemption in
section 79 .1 ( dX 12) of the Commission's rules should apply to digital broadcasters that multicast. 3 We
find that these actions will ensure that the Commission's closed captioning rules are consistent with
Congress's goal 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. "4
1 See47 U.S.C. § 613 ("Video Programming Accessibility''); 47 C.F.R. § 79.l (''Closed captioning of video
programming''). Video programming distributors generally include over-the-air broadcast television services and all
"multichannel video programming distributors" (MVPDs ), which include cable television and satellite television
services. See 47 C.F.R. § 79.l(a)(2) (defining "Video programming distributor").
2 See Digital Television and Public Safety Act of2005 ("DTV Act"), which is Title III of the Deficit Reduction Act
of2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) ("ORA") (codified at41 U.S.C. §§ 3090)(14) & 337(e)). The
DTV Act established February 17, 2009, as the hard deadline for the end of analog transmissions by full-power
stations. It also created a coupon program to subsidize the purchase of digital-to-analog converter boxes.
3 See 47 C.F.R. § 79.l(d)(12) (channels producing revenues of under $3,000,000).
4 House Conference Report No. 458, 1041h Cong., 2d Sess. at 183-84 (Jan. 31, 1996) (H.R. Conf. Rep. No. 458).
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d February 17, 2009, as the hard deadline for the end of analog transmissions by full-power
stations. It also created a coupon program to subsidize the purchase of digital-to-analog converter boxes.
3 See 47 C.F.R. § 79.l(d)(12) (channels producing revenues of under $3,000,000).
4 House Conference Report No. 458, 1041h Cong., 2d Sess. at 183-84 (Jan. 31, 1996) (H.R. Conf. Rep. No. 458).
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FCC08-25S
II.
BACKGROUND
A.
Section 713 and tile Closed Captioning Regulations
2.
Closed captioning is an assistive technology that provides persons with hearing
disabilities access to television programs. Closed captioning displays the audio portion of a television
signal as printed words on the television screen. Because closed captioning is hidden as encoded data
transmitted within the television signal, the consumer can tum the captioning on or off. Captions may
also identify speakers, sound effects, music, and laughter.
3.
Captioning technology began more than forty years ago when the Public Broadcasting
System initiated captions in an "open captioning format'' by transmitting text with the video on the
television screen in a manner visible to all viewers.5 In 1976, the Commission adopted rules providing
that line 21 of the vertical blanking interval (VBI) be primarily used for the transmission of closed
captioning in analog receivers. For analog television, closed captioning is hidden as encoded data
transmitted within the VBI of the television signal which, ''when decoded, provides a visual depiction of
information simultaneously being presented on the aural channel (captions).''6 As discussed infra, in
2000, the Commission adopted rules for the display of captions on digital receivers. The Commission's
rules specify technical standards for the reception and display of captioning on analog and digital
receivers.7
4
f the television signal which, ''when decoded, provides a visual depiction of
information simultaneously being presented on the aural channel (captions).''6 As discussed infra, in
2000, the Commission adopted rules for the display of captions on digital receivers. The Commission's
rules specify technical standards for the reception and display of captioning on analog and digital
receivers.7
4.
The Television Decoder Circuitry Act of 1990 (TDCA}8 requires closed captioning
capability for all television receivers with screen sizes of 13 inches or larger, manufactured or sold in the
United States.9 When this legislation passed, the video programming industry and private entities
provided closed captioning of video programming selectively and on a volwtary basis.10 Although the
amount of captioning increased following the enactment of the TOCA, Congress determined that, as the
number of channels of video programming increased, "video programming through all delivery systems
should be accessible."
11
5.
As part of the Teleconnnunications Act of 1996, Congress added a section entitled
"Video Programming Accessibility," to the Communications Act.12 Section 713 requires closed
captioning of video programming to ensure access for persons with hearing disabilities. Section 713 also
5 See generally Closed Captioning and Video Description of Video Programming, Implementation of Section 305 of
the Telecommunications Act of 1996, 12 FCC Red 1044 (Jan. 17, 1997); see also Closed Captioning and Video
Description of Video Programming, Implementati.on of Section 305 of the Telecommunications Act of 1996, Video
Programming Accessibility, MM Docket No. 95-176, Report, 11 FCC Red at 19214, 19223, para. 25 (July 29,
1996).
6 47 C.F.R. § 73.682(a)(22).
7 47 C.F.R. §§ 15.119, 15.122.
8 Pub. L. No. 101-431, 104 Stat. 960 (1990)(codified at47 U.S.C. §§ 303(u), 330(b)).
9 See also Implementation of Television Decoder Circuitry Act, GEN Docket No. 91-1, Report and Order, 6 FCC
Red 2419 (Apr. 15, 1991)
ideo
Programming Accessibility, MM Docket No. 95-176, Report, 11 FCC Red at 19214, 19223, para. 25 (July 29,
1996).
6 47 C.F.R. § 73.682(a)(22).
7 47 C.F.R. §§ 15.119, 15.122.
8 Pub. L. No. 101-431, 104 Stat. 960 (1990)(codified at47 U.S.C. §§ 303(u), 330(b)).
9 See also Implementation of Television Decoder Circuitry Act, GEN Docket No. 91-1, Report and Order, 6 FCC
Red 2419 (Apr. 15, 1991).
10 See Closed Captioning and Video Description of Video Programming, Implementation of Section 305 of the
Telecommunications Act of 1996, Video Programming Accessibility, MM Docket No. 95-176, Report and Order, 13
FCC Red 3272, 3276, para. 7 (Aug. 22, 1997) (Closed Captioning Report and Order), reconsideration granted in
part, Order on Reconsideration, 13 FCC Red 19973 (Oct. 2, 1998) (Closed Captioning Reconsideration Order).
11 H.R. Report 104-204, 104th Cong., 111 Sess. at 113-14 (1995).
12 See Section 305 of the Telecommunications Act of 1996, Pub. L. 104-104, 110 Stat. 56 (codified at 47 U.S.C. §
613) (1996 Act).
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directs the Commission to prescribe rules and implementation schedules for captioning of video
programming. 13
6.
In 1997, the Commission adopted rules and implementation schedules for closed
captioning that became effective on January 1, 1998.14 These rules require ''video programming
distributors"15 to provide an increasing number of hours of captioned programming over specified periods
of time. 16 The benchmarks (i.e., implementation schedules) for captioning differ, based on whether the
programming is analog or digital, Spanish or English, and whether it is pre-rule (i.e., older) or new
programming. Under the implementation schedule, effective January l, 2006, all nonexempt, new
English language programming must be captioned.17
7
aptioned programming over specified periods
of time. 16 The benchmarks (i.e., implementation schedules) for captioning differ, based on whether the
programming is analog or digital, Spanish or English, and whether it is pre-rule (i.e., older) or new
programming. Under the implementation schedule, effective January l, 2006, all nonexempt, new
English language programming must be captioned.17
7.
Analog programming (whether Spanish or English) that first aired prior to January 1,
1998, is called pre-rule analog programrning.18 Digital programming (whether Spanish or English) that
first aired prior to July 1, 2002, is called pre-rule digital programming. Programming that first aired after
the noted dates is called new programming (i.e., analog or digital).19 Spanish language programming is
subject to a longer phase-in schedule than is English language programming. Specifically, the rules
require that, as of January 1, 2010, 100% of nonexempt new Spanish language programming be closed
captioned,20 and, as of January 1, 2012, and thereafter, 75% of nonexempt pre-rule Spanish language
programming be closed captioned.21 For English language programming, the rules require that, as of
January l, 2006, 100% of new nonexempt English language programming must be closed captioned,22
and, beginning January 1, 2008, 75% of all pre-rule nonexempt English language programming must be
closed captioned.23 These timeframes are the same for analog or digital programming.
13 47 U.S.C. § 613(b}{c).
14 See generally Closed Captioning Report and Order. At the time the Commission adopted these rules, it indicated
that it would subsequently review the rules to determine whether its expectations regarding closed captioning were
being met. Id., 13 FCC Red at 3387, paras. 254-57.
15 "Video programming distributor'' is defined as (I) any television broadcast station licensed by the Connnission;
14 See generally Closed Captioning Report and Order. At the time the Commission adopted these rules, it indicated
that it would subsequently review the rules to determine whether its expectations regarding closed captioning were
being met. Id., 13 FCC Red at 3387, paras. 254-57.
15 "Video programming distributor'' is defined as (I) any television broadcast station licensed by the Connnission;
(2) any multichannel video programming distnbutor (MVPD) as defined in Section 76. lOOO(e); and (3) any other
distributor of video programming for residential reception that delivers such programming directly to the home and
is subject to the jurisdiction of the Commission. 47 C.F.R. § 79.l(a)(2). MVPD is "an entity engaged in the
business of making available for purchase, by subscribers or customers, multiple channels of video programming.
Such entities include, but are not limited to, a cable operator, a BRS/EBS [Broadband Radio Service, formerly
known as the Multipoint Distnbution Service (MDS)/Multichannel Multipoint Distnbution Service (MMDS) and
Educational Broadband Service, formally known as the Instructional Television Fixed Service (ITFS)] provider, a
direct broadcast satellite service, a television receive-only satellite program distnbutor, and a satellite master
antenna television system operator, as well as buying groups or agents of all such entities." 47 C.F.R. § 76.IOOO(e).
16 47 C.F.R. § 79.l(b).
17 47 C.F.R. § 79.I(b)(l)(iv).
18 47 C.F.R. § 79.l(a)(6).
19 47 C.F.R. § 79.l(a)(5).
20 47 C.F.R. § 79.l(b)(3)(iv).
21 47 C.F.R. § 79. l(b)(4)(ii). Currently, a video programming distributor must caption at least 1350 hours of
Spanish language video programming or all of its new nonexempt Spanish language video programming, whichever
is less, per channel per quarter. 47 C.F.R. § 79.l(b)(3)(iii).
22 See41C.F.R.§79.l(b)(l}, (b)(3}, (d), (e), (f); see also Closed Captioning Report and Order, 13 FCC Red at
3292-95, paras
R. § 79. l(b)(4)(ii). Currently, a video programming distributor must caption at least 1350 hours of
Spanish language video programming or all of its new nonexempt Spanish language video programming, whichever
is less, per channel per quarter. 47 C.F.R. § 79.l(b)(3)(iii).
22 See41C.F.R.§79.l(b)(l}, (b)(3}, (d), (e), (f); see also Closed Captioning Report and Order, 13 FCC Red at
3292-95, paras. 41-47; Closed Captioning Reconsideration Order, 13 FCC Red at 19978-79, paras. 9-10.
23 47 C.F.R. § 79.l(b}(2); Closed Captioning Report and Order, 13 FCC Red at 3301-02, paras. 61-63.
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8.
The dates that determine whether digital programming is pre-rule or new differ from the
dates used to determine whether analog programming is pre-rule or new because, when the Commission
established the closed captioning rules in 1997, final standards for digital television (DTV) receivers did
· not yet exist, making it difficult to fonnat captions for such receivers. 24 Therefore, in 1997, the
Commission temporarily defined program material prepared for digital transmission as pre-rule until such
time as the necessary decoder standard rules had been adopted by the Commission and were effective.
25
In July 2000, the Commission adopted technical standards for the display of closed captions on DTV
receivers. 26 At the same time, the Commission established July 1, 2002, as the date that determines ·
whetherdigital programming constitutes new or pre-rule programming,27 and adopted the same
benchmark transition periods for new and pre-rule digital programming that exists for analog
programming.
B.
The TDI Petition and the 2005 Closed Captioning NPRM
9
e display of closed captions on DTV
receivers. 26 At the same time, the Commission established July 1, 2002, as the date that determines ·
whetherdigital programming constitutes new or pre-rule programming,27 and adopted the same
benchmark transition periods for new and pre-rule digital programming that exists for analog
programming.
B.
The TDI Petition and the 2005 Closed Captioning NPRM
9.
On July 23, 2004, several advocacy groups filed a joint petition for rulemaking, seeking
"to establish additional enforcement mechanisms to better implement the captioning rules, and to
establish captioning quality standards to ensure high quality and reliable closed captioning."28 The TD/
Petition also requested that the Commission revise the process for submitting closed captioning
complaints and create a database of contact information for video programming distributors and
providers.29 On September 2, 2004, the Commission placed the TD! Petition on public notice.
30
24 Closed Captioning Report and Order, 13 FCC Red at 3300-01, para. 60; Closed Captioning Reconsideration
Order, 13 FCC Red at 19986-87, para 27.
25 Closed Captioning Report and Order, 13 FCC Red at 3300-01, para. 60.
26 Closed Caption Decoder Requirements for Digital Television Receivers, Closed Captioning and Video
Description of Video Programming, Implementation of Section 305 of the Telecommunications Act of 1996, Video
Programming Accessibility, ET Docket No. 99-254, MM Docket No. 95-176, Report and Order, 15 FCC Red 16788,
16790-91, para. S (July 31, 2000) (DTV Closed Captioning Order); 47 C.F.R. § 15.122(b) (incorporating by
reference, EIA-708-B, "Digital Television Closed Captioning," Electronics Industries Alliance (Dec. 1999) ("EIA-
708-B")); see also 41 C.F.R. § 79.1. The EIA-708 standard provides comprehensive instructions for the encoding,
delivery, and display of closed captioning information for digital television systems
(July 31, 2000) (DTV Closed Captioning Order); 47 C.F.R. § 15.122(b) (incorporating by
reference, EIA-708-B, "Digital Television Closed Captioning," Electronics Industries Alliance (Dec. 1999) ("EIA-
708-B")); see also 41 C.F.R. § 79.1. The EIA-708 standard provides comprehensive instructions for the encoding,
delivery, and display of closed captioning information for digital television systems. The standard provides for a
larger set of captioning characters than the analog captioning standard, EIA-608, but the EIA-708 also supports
transport of the analog EIA-608 captioning information for use when a digital broadcast is being viewed on an
analog receiver through a DTV converter. See Second Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television, MB Docket No. 03-15, RM 9832, Report & Order, 19 FCC Red at
18279, 18350, para. 163 (Sept 7, 2004) (DTV Second Periodic Review Report & Order).
27 DTVC/osed Captioning Order, 15 FCC Red at 16790-91, para. 5; see also 47 C.F.R. § 79.l(aX6)(ii). In the DTV
Closed Captioning Order, the Commission observed that viewers will be able to watch digital programming on
existing analog displays using a digital-to-analog converter, and alerted programming distributors that in order for
them ''to count captioned digital television programming toward their closed captioning requirements in Section
79 .1, they must also transmit captions that can be decoded by the decoder in that analog set." DTV Closed
Captioning Order, 15 FCC Red at 16809, para. 63.
28 See Telecommunications for the Deaf Inc. et al. Petition for Rulemaking, RM-11065 (July 23, 2004) (TD/
Petition). Petitioners included Telecommunications for the Deaf, Inc. (TDI), the National Association of the Deaf
(NAO), Self Help for Hard of Hearing People, Inc. (SHHH), the Association for Late Deafened Adults (ALDA), and
the Deaf and Hard of Hearing Consumer Advocacy Network (DHHCAN). The joint petitioners are collectively
referred to herein as TDI or Petitioners
11065 (July 23, 2004) (TD/
Petition). Petitioners included Telecommunications for the Deaf, Inc. (TDI), the National Association of the Deaf
(NAO), Self Help for Hard of Hearing People, Inc. (SHHH), the Association for Late Deafened Adults (ALDA), and
the Deaf and Hard of Hearing Consumer Advocacy Network (DHHCAN). The joint petitioners are collectively
referred to herein as TDI or Petitioners.
29 See generally TD/ Petition.
30 The TD/ Petition appeared on Public Notice on September 2, 2004. See Public Notice, Report No. 2670 (Sept. 2,
2004).
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10.
On July 21, 2005, the Commission released a Notice of Proposed Rulemaking granting
the TD/ Petition and initiating a proceeding to examine the Commission's closed captioning rules.
31 The
2005 Closed Captioning NPRM sought comment on a broad range of issues concerning closed captioning.
Interested parties filed more than 1600 comments, reply comments, and ex parte letters.
32
m.
DECLARATORY RULING
11.
Unless otherwise exempt, all digital programming - including, but not limited to, high
definition (HD) programming - must be captioned pursuant to the applicable benchmarks for that type of
programming.33 There is no "digital exemption" to the obligation to caption digital programming.
Although a particular digital channel may be exempt from the captioning rules for other reasons pmsuant
to section 79 .1 ( d), 34 no digital channel, including an HD channel, is automatically exempt from the
captioning rules simply because it is being transmitted in digital
chmarks for that type of
programming.33 There is no "digital exemption" to the obligation to caption digital programming.
Although a particular digital channel may be exempt from the captioning rules for other reasons pmsuant
to section 79 .1 ( d), 34 no digital channel, including an HD channel, is automatically exempt from the
captioning rules simply because it is being transmitted in digital. Further, even where a digital channel is
exempt from the closed captioning rules because it is subject to a self-implementing ex~tion in section
79.l(d),35 or is otherwise exempt pursuant to the undue bmden standard in section 79.l(t), 6 the
distributor is still obligated to pass through any captioning it receives, even on rebroadcasts of programs,
but is not obligated to create new digital captions where only analog captions are provided.37 This
31 See Closed Captioning of Video Programming, Telecommunications for the Deaf. Inc., Petition for Rulemalcing,
CG Docket No. 05-231, Notice ofProposedRulemaking, 20 FCC Red 13211(July21, 2005) (2005 Closed
Captioning NPRM).
32 See Appendix E, infra.
33 See 41 C.F.R. § 79.l(b) (setting forth the captioning benchmarks for various types of programming). Under the
benchmarks, as of January 1, 2006, 100 percent of "new" nonexempt English language video programming must be
captioned. See 41 C.F.R. § 79.l(bXI)(iv). "Video programming" is programming provided by, or generally
considered comparable to programming provided by, a television broadcast station that is distributed and e:xlubited
forresidential use. See 41 C.F.R. § 79.l(a)(l). Aside from defining 'utor"); Closed Captioning Report and Order, 13 FCC Red at 3368-69, para. 211.
38 Closed Captioning Report and Order, 13 FCC Red at 3312, para. 85.
39 See, e.g., id. at 3312, para. 84 ("We also hope that once an entity invests in the software needed to convert a
teleprompter script into captions, it will have an incentive to use this equipment for all or a significant portion of its
live programming (e.g., all its newscasts), and not just the amount of programming needed to satisfy the transition
benchmarks. Thus, additional programming may be made accessible at a faster rate.").
40 The main digital channel is the digital equivalent of the prior analog channel. We note that the main digital
channel number may differ from the prior analog channel number.
41 See41 C.F.R. § 79.l(d)(9) ("Programming on new networks. Programming on a video programming network for
the first four years after it begins operations, except that programming on a video programming network that was in
operation Jess than four ( 4) years on I anuary 1, I 998 is exempt until January I, 2002"). Commission staff bas
received complaints from consumers that some digital programming, including HD programming, is not closed
captioned
rks. Programming on a video programming network for
the first four years after it begins operations, except that programming on a video programming network that was in
operation Jess than four ( 4) years on I anuary 1, I 998 is exempt until January I, 2002"). Commission staff bas
received complaints from consumers that some digital programming, including HD programming, is not closed
captioned. In their complaints, some consumers allege that the distributor informed them that digital programming
is not subject to closed captioning. See, e.g., Comments fded by The Coalition of Organizations for Accessible
Technology (COAT) at 6-8, filed in Media Bureau Docket No. 07-91 pursuant to the Third Periodic Review of the
Commission's Rules and Policies Affecting the Conversion to Digital Television (filed Aug. 9, 2007) (COAT
Comments).
42 See Closed Captioning Report and Order, 13 FCC Red at 3346, para. 154 (Commission stated that it did not
intend for the "closed captioning requirements to inhibit new sources of video programming due to [its) interest in
fostering diversity in video programming").
43 We also note that where a licensee chooses to multicast, the multicast channels do not constitute a new network.
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Federal Communications Commission
distributors are reminded that failure to comply with the closed captioning rules may result in
enforcement action.
FCCOS..2SS
14.
We remind distributors that, after February 17, 2009, some consumers will continue to
use analog televisions connected to digital-to-analog converter boxes, and rely on antennas to receive
over-the-air reception
etwork.
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Federal Communications Commission
distributors are reminded that failure to comply with the closed captioning rules may result in
enforcement action.
FCCOS..2SS
14.
We remind distributors that, after February 17, 2009, some consumers will continue to
use analog televisions connected to digital-to-analog converter boxes, and rely on antennas to receive
over-the-air reception. The Commission's rules require that each digital-to-analog converter box
manufactured after June 30, 2002, pass available analog caption information to an attached television
receiver in a form recognizable by that receiver's built-in caption decoder circuitry.44 Because these
viewers will receive digital television programming on analog sets, in order for program distributors to
cotlllt captioned digital programming toward the closed captioning requirements of section 79.1, they
must transmit captions that can be decoded by the decoders in those analog sets. 45 As a practical matter,
this means that video programming distributors, including broadcasters and MVPDs, must continue to
transmit captions in the CEA-608 (analog) standard after February 17, 2009.46
15.
Finally, we remind MVPDs that provide customer premises equipment (CPE), such as
set-top boxes, to their subscribers, that they are responsible for enswing that this equipment transmits all
available captions to the television set, for both analog and digital formatted programs.
47 Captions must
be delivered intact and in a way that can be displayed by captioning decoders. In these circumstances,
failure of the equipment to~ through captions would cause the distributor to be in violation of the
pass-through requirement.
Further, the programming will not be considered captioned and the
distributor may be in violation of the captioning benchmark for that type of programming. 49
IV.
ORDER
A.
Complaint Procedures
16
that can be displayed by captioning decoders. In these circumstances,
failure of the equipment to~ through captions would cause the distributor to be in violation of the
pass-through requirement.
Further, the programming will not be considered captioned and the
distributor may be in violation of the captioning benchmark for that type of programming. 49
IV.
ORDER
A.
Complaint Procedures
16.
We agree with commenters asserting that the present closed captioning complaint process
can be modified to better serve the interests of consumers or video programming distributors. We
therefore adopt new complaint processes for alleged violations of the closed captioning rules, as described
below, and amend our rules accordingly.
17.
Background. Under the present rules, complaints must be filed in writing with the video
programming distributor prior to the end of the calendar quarter following the calendar quarter in which
the alleged violation has occurred. Video programming distributors must respond to the complaint no
later than 45 days after the end of the quarter in which the violation is alleged to have occurred or 45 days
after receipt of the written complaint, whichever is later.50 If a video programming distnbutor fails to
44 47 C.F.R. § 15.122(a)(2).
45 DTV Closed Captioning Order, 15 FCC Red at 16809, para. 63; DTV Second Periodic Review Report & Order,
19 FCC Red at 18350-51, paras. 163-64.
46 This is not a new requirement; the Commission clarified this issue in the 2000 DTV Closed Captioning Order.
See DTV Closed Captioning Order, 15 FCC Red at 16809, para. 63.
47 The Commission has received complaints from consumers that CPE provided by cable or satellite providers
removes captioning from some programs. See also COAT Comments at 5-6.
48 47 C.F.R. § 79.l(c).
49 See id. This conclusion necessarily follows from the pass through rule found in section 79. I ( c ). 4 7 C.F .R. §
79.l(c).
so See generally 41 C.F .R. § 79. I (g)
CC Red at 16809, para. 63.
47 The Commission has received complaints from consumers that CPE provided by cable or satellite providers
removes captioning from some programs. See also COAT Comments at 5-6.
48 47 C.F.R. § 79.l(c).
49 See id. This conclusion necessarily follows from the pass through rule found in section 79. I ( c ). 4 7 C.F .R. §
79.l(c).
so See generally 41 C.F .R. § 79. I (g). The Commission required that closed captioning complaints first be directed
to video programming distributors because this approach would "lead to quicker action to resolve a complaint than if
the complaint were filed directly with the Commission." Closed Captioning Report and Order, 13 FCC Red at
3381-83, paras. 240-43. If a consumer mistakenly sends a complaint to the wrong distributor (e.g., to a cable
company instead of a local 1V station that the cable company carries), or ifthe programming about which the
(continued ... )
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Federal Communications Commission
FCC08-2SS
respond to a complaint, or a dispute remains after the initial attempt at resolution by the video
progrannning distributor and the complainant, the complaint may then be filed with the Connnission
within 30 days after the time allotted for the video progrannning distributor to respond."
18.
The TD/ Petition argued that, under the current rules, four months could pass before a
video programming provider is legally required to respond to a complaint, and that, in the interim, the
consumer may suffer from lack of access to the television video programming.52 As a result, TDI sought
to revise the complaint process to differentiate between complaints regarding the number of hours
captioned and complaints regarding other captioning issues, such as technical problems resulting in
missing or garbled captions.53 TOI also asked the Commission to develop and make available on its
website an optional standard captioning complaint form for consumers to use to file written complaints
with the relevant video programming distributor/programm
mplaints regarding the number of hours
captioned and complaints regarding other captioning issues, such as technical problems resulting in
missing or garbled captions.53 TOI also asked the Commission to develop and make available on its
website an optional standard captioning complaint form for consumers to use to file written complaints
with the relevant video programming distributor/programmer.54
19.
In the 2005 Closed Captioning NPRM, the Connnission sought comment on whether the
current complaint procedures should be amended to allow complainants to file directly with the
Commission, without first complaining to the video programming distributor. ss The Commission also
sought comment on whether to amend the current rules to allow for shorter complaint and response times
and, if so, what those timeframes should be.56 Finally, the Commission sought conunent on whether it
should adopt a standardized complaint form. s7
20.
Discussion. To simplify the complaint process for consumers, we will permit closed
captioning complaints to be filed with either the video programming distributor or the Connnission.58
Most conunenters support this approach, asserting that consumers often have difficulty determining
where to file complaints, and the average consumer generally cannot identify the party responsible for
captioning compliance.59 Although NAB advocates having the Commission first receive the complaints
(Continued from previous page) _________ _
consumer complains is exempt from the closed captioning rules pursuant to Section 79.l(e)(9), the distnbutor is
required to either forward the complaint to the programmer within seven days, or return the complaint within seven
days to the consumer, providing the name and address of the correct provider to whom the complaint should be sent.
See 47 C.F .R. § 79. l (g)(l )
vious page) _________ _
consumer complains is exempt from the closed captioning rules pursuant to Section 79.l(e)(9), the distnbutor is
required to either forward the complaint to the programmer within seven days, or return the complaint within seven
days to the consumer, providing the name and address of the correct provider to whom the complaint should be sent.
See 47 C.F .R. § 79. l (g)(l ). In order to avoid confusion, the Commission also determined that all complaints of
whatever nature (including complaints alleging failure to pass through) would be handled in the same fashion.
Closed Captioning Reconsideration Order, 13 FCC Red at 20025, para. 116; see also Closed Captioning Report and
Order, 13 FCC Red at 3383, para. 244.
51 Closed Captioning Report and Order, 13 FCC Red at 3382-83, para. 243; see also 41 C.F.R. § 79. l(gX4). The
rule specifies the information that the complainant and the distributor nmst provide to each other and to the
Commission, and specifies bow, if the Commission determines that a violation has occurred, appropriate penalties
may be imposed.
52 TD/ Petition at 21.
53 Id. at 22.
54 Id. at 15-16.
ss 2005 Closed Captioning NPRM, 20 FCC Red at 13222, para. 31.
56 Id.
57 Id.
58 See, e.g., 1DI Reply Comments at 15; New Jersey Division on Civil Rights Comments at 5.
59 See, e.g., Toi Reply Comments at 14; Northern Virginia Resource Center for Deaf and Hard of Hearing Persons
(NVRC) Reply Comments at 4.
16681
lties
may be imposed.
52 TD/ Petition at 21.
53 Id. at 22.
54 Id. at 15-16.
ss 2005 Closed Captioning NPRM, 20 FCC Red at 13222, para. 31.
56 Id.
57 Id.
58 See, e.g., 1DI Reply Comments at 15; New Jersey Division on Civil Rights Comments at 5.
59 See, e.g., Toi Reply Comments at 14; Northern Virginia Resource Center for Deaf and Hard of Hearing Persons
(NVRC) Reply Comments at 4.
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Federal Communications Commission
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and then forward them to the broadcast station or MVPD,60 the dual approach adopted here would
appropriately enhance the complaint process.
61
21.
In addition, commenters generally support shortening the current complaint timeframes,
62
although other commenters assert that programmers and distributors must have sufficient time to identify
and remedy the problem.63 We agree that captioning issues should be resolved as quickly as possible and
therefore we adopt new timelines associated with captioning complaints,~ discussed below.
22.
The Conunission also sought comment on whether consumers should be allowed to
complain to video programming distributors via e-mail, phone, or fax. 64 Some commenters supported
allowing consumers to complain to distributors in these ways.6s We conclude that given the importance
of these issues, the need to ensure that complaints accurately reflect the concerns of the complainant, and
to provide distnoutors with adequate notice of the nature of the complaint, complaints must be in
writing.66 Therefore, we will continue to require closed captioning complaints to be in writing, and filed
by e-mail, fax, or letter. Consumers may also use the Form 2000-C, attached as Appendix B, when
complaining to the Commission.67 Among other things, the Form 2000-C requests the name, address, and
60 National Association of Broadcasters (NAB) Comments at 5; but see EchoStar Reply Comments at 5 (asserting
that NAB's suggestion whereby a complaint is first filed with the Commission and then forwarded to the distributor
will likely result in .
e the Form 2000-C, attached as Appendix B, when
complaining to the Commission.67 Among other things, the Form 2000-C requests the name, address, and
60 National Association of Broadcasters (NAB) Comments at 5; but see EchoStar Reply Comments at 5 (asserting
that NAB's suggestion whereby a complaint is first filed with the Commission and then forwarded to the distributor
will likely result in .. protracted, rather than reduced, response times," and noting that its process for complaints
regarding technical aspects of captioning, in which the subscriber contacts EchoStar directly, allows EchoStar to
investigate its equipment and often address a problem in a matter of a few hours or days).
61 National Cable and Telecommunications Association (NCT A) Connnents at 9, 25-26; see also Media Captioning
Services (MCS) Comments at 10-11. For example, NCT A states that complaints should still be filed first with the
cable operators because they, along with prognunmers, are better able to deal with captioning issues. NCTA
Comments at 9, 25-26. This would not streamline the complaint process for all consumers since not everyone
subscnbes to cable. Those who do not would most likely still experience confusion regarding with whom to file a
complaint MCS suggests that complaints be filed with the distributor and the Commission simultaneously. MCS
Comments at 10-11. Simultaneous filing, however, would likely result in confusion and duplicative work. A
written closed captioning complaint should be first filed with either the distributor or the Commission, and a
consumer who complains to a distnl>utor first should wait until the required time has elapsed before complaining to
the Commission.
62 See e.g., WGBH/NCAM Comments at 19.
63 See HBO Comments at 10-11; see also EchoStar Comments at 11 and Reply Comments at 6; Caption Colorado
Comments at 6; AZN Connnents at 25-26 (AZN jointly filed comments with the parties reflected in Appendix D
ssion, and a
consumer who complains to a distnl>utor first should wait until the required time has elapsed before complaining to
the Commission.
62 See e.g., WGBH/NCAM Comments at 19.
63 See HBO Comments at 10-11; see also EchoStar Comments at 11 and Reply Comments at 6; Caption Colorado
Comments at 6; AZN Connnents at 25-26 (AZN jointly filed comments with the parties reflected in Appendix D.
For convenience, they are collectively referred to herein as AZN); The United States Telecom Association (UST A)
Comments at 9; American Cable Association (ACA) Comments at 4; Florida Association of Broadcasters (FAB)
Comments at 6.
64 See 2005 Closed Captioning NPRM, 20 FCC Red at 13222, para. 32.
65 See, e.g., Verizon Reply Connnents at 5-6; NAB Comments at 5-6; WGBH Comments at 20.
66 See 47 U.S.C. § 716. We note that this is also consistent with the Commission's rules for filing informal
complaints against common carriers under section 208 of the Communications Act. 4 7 C.F.R. § 1. 716.
67 In its Petition, TDI asked the Commission to develop an optional standard captioning complaint form. TD/
Petition at 15-16. We note that our request for comments on the complaint process occurred prior to the
Commission's adoption of the Fonn 2000-C. The Office of Management and Budget (OMB) recently approved
Form 2000-C Disability Access Complaint, for the filing of complaints pertaining to telecommunications relay
service, closed captioning, and lack of access to emergency information on television (OMB control number 3060-
0874, current version dated September 2007). While the Form 2000-C is intended for use when filing complaints
with the FCC, the form requests information necessary for processing an informal closed captioning complaint; for
this reason, consumers may wish to review the form and include the same information requested in the Form 2000-C
in a complaint they file with a distributor.
16682
r 3060-
0874, current version dated September 2007). While the Form 2000-C is intended for use when filing complaints
with the FCC, the form requests information necessary for processing an informal closed captioning complaint; for
this reason, consumers may wish to review the form and include the same information requested in the Form 2000-C
in a complaint they file with a distributor.
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Federal Communications Commission
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telephone number (if known) of the company(s) involved in the complaint. We will amend the form to
delete the requirement that closed captioning complaints must first be filed with the distributor, and to add
questions eliciting infonnation about the name and type of MVPD, if any, to whom a complainant
subscribes. Specifically, we will amend the Form 2000-C to request the name of the broadcast station
and, if applicable, the name and type of MVPD against whom the complaint is directed. These changes
will be submitted to OMB.68 Because this form is relatively new, we will closely monitor the
effectiveness of the use of the Form 2000-C for captioning complaints over the next six months.
23.
Regardless of whether the consumer files a complaint with the Commission or a video
programming distributor, the consumer must file the complaint within sixty (60) days of the captioning
problem. If the complaint is first filed with the Commission, the Commission shall promptly forward
complaints that satisfy the complaint criteria, as described herein, to the appropriate video programming
distributor.69 For a complaint forwarded by the Commission, video programming distributors must
respond to the complainant in writing within thirty (30) days of receipt of the complaint from the
Commission
complaint is first filed with the Commission, the Commission shall promptly forward
complaints that satisfy the complaint criteria, as described herein, to the appropriate video programming
distributor.69 For a complaint forwarded by the Commission, video programming distributors must
respond to the complainant in writing within thirty (30) days of receipt of the complaint from the
Commission. We believe this change in filing time periods reasonably accommodates concerns by
viewers that the current complaint process allows too much time to pass before a complaint must be
addressed and concerns by distributors that they be allowed sufficient time to address captioning
problems. The distributor must send a copy of its response to the Commission.
24.
For a complaint first filed with the video progrannning distributor, the video
programming distributor must respond in writing to the complainant within thirty (30) days after receipt
of a closed captioning complaint. 70 If a video progrannning distributor fails to respond to the complainant
within thirty (30) days, or the response does not satisfy the consumer, the complainant may file the
complaint with the Commission within thirty (30) days after the time allotted for the video programming
distributor to respond. We believe 30 days provides distributors with sufficient time to review their
records and respond to a complaint. Fwther, given that a distributor's response may require reviewing
tapes of aired programming, a shorter time frame should benefit distributors because the programming at
issue may be more readily accessible and not archived or otherwise not immediately available. If a
consumer re-files his or her complaint with the Commission (after filing with the distributor), the
Commission will forward the complaint to the distributor, and the distributOr shall respond to the
Commission and the complainant within thirty (30) days of receipt of the complaint from the
Commission.
25
be more readily accessible and not archived or otherwise not immediately available. If a
consumer re-files his or her complaint with the Commission (after filing with the distributor), the
Commission will forward the complaint to the distributor, and the distributOr shall respond to the
Commission and the complainant within thirty (30) days of receipt of the complaint from the
Commission.
25.
A video programming distributor receiving a complaint regarding progrannning of a
broadcast television licensee, or programming over which the video programming distributor does not
exercise editorial control, 71 must forward the complaint within seven (7) days to the appropriate party and
inform the complainant that it has forwarded the complaint. 72 The video programming distributor also
must notify the Commission that it forwarded the complaint. Similar to the time period established for
responding to complaints sent to the correct video programming distributor, the entity receiving the
forwarded complaint shall respond to the complainant within 30 days of the forwarding date of the
68 While OMB approval is pending, the FCC Form 2000-C may be used in its current form and complainants should
disregard the note contained in the current Form 2000-C indicating that they must first contact the station or video
programming distnbutor.
69 See WGBHINCAM Conunents at 19-20; see also MCS Comments at I 0-11.
70 American Society for Deaf Children (ASDC) Comments at 2; see also Vermont Association of the Deaf
Comments and MCS Comments at 11; NAB Comments at 5 and Reply Comments at 5.
71 Under the rules, there are certain circumstances in which video programming distnbutors are not required to
provide closed captioning because the video programming is by law not subject to their editorial control See 41
C.F.R. § 79.l(eX9).
72 See 41 C.F.R. § 79.l(gXI), which currently has the same 7-dayrequirement; Closed Captioning Report and
Order, 13 FCC Red at 3382, para. 242.
16683
71 Under the rules, there are certain circumstances in which video programming distnbutors are not required to
provide closed captioning because the video programming is by law not subject to their editorial control See 41
C.F.R. § 79.l(eX9).
72 See 41 C.F.R. § 79.l(gXI), which currently has the same 7-dayrequirement; Closed Captioning Report and
Order, 13 FCC Red at 3382, para. 242.
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Federal Communications Commission
FCC08-2SS
complaint. We note that this reflects a change to the current rule's requirement that the distributor either
retwn the complaint to the consumer or forward it to the appropriate programmer. This change is
intended to shorten and simplify the complaint process by avoiding possible consumer confusion if their
complaint is retwned to them by the distributor with no guidance as to next steps. Furthermore, because
the video programming distributor is more likely to be in a better position than the complainant to know
to whom the complaint should be directed, we believe this change will help to ensure that complainant's
concerns are more quickly addressed.
26.
Jn order to assist consumers in filing closed captioning complaints, and to expedite
further the handling of complaints, we encourage consumers to include the following information in their
filing: (1) the complainant's contact information, including name, mailing address, daytime phone
number, and e-mail address if available; (2) the name of the broadcast station and, if applicable, the name
and type ofMVPD against whom the complaint is directed; (3) the name of the television program; (4)
the date and time the closed captioning problem occurred; and (5) a description of the closed captioning
problem. We note that this requested information will mirror the information requested in the FCC Form
2000-C, referenced in paragraph 22 above, as amended. 73
27
nd, if applicable, the name
and type ofMVPD against whom the complaint is directed; (3) the name of the television program; (4)
the date and time the closed captioning problem occurred; and (5) a description of the closed captioning
problem. We note that this requested information will mirror the information requested in the FCC Form
2000-C, referenced in paragraph 22 above, as amended. 73
27.
Consistent with existing Commission rules, in its response to a complaint before the
Commission, a video programming distributor shall provide the Commission with sufficient records and
documentation to demonstrate compliance with the Commission's rules. 74 The Commission has
previously found that the broadcast station or MVPD has the burden of proof that it has complied with the
closed captioning rules.75 Where it appears from the video programming distributor's response to a
complaint, or from other communications with the parties, that an informal complaint has been satisfied,
the Conunission may, in its discretion, consider the matter resolved, and will so notify the complainant.
Jn all other cases, the Commission shall inform the parties of its review and disposition of the informal
complaint.76 We also note that a complaint may be referred to the Enforcement Bureau for action,
regardless of where the complaint was filed first or its initial resolution. 77
B.
Contact Information
28.
We adopt new rules requiring video programming distributors to make their contact
information available to consumers. We find these new requirements necessary to ensure that consumers
can more easily and promptly contact the appropriate video programming distributor to report closed
captioning problems or to file complaints. Therefore, we amend the Commission's rules to require video
program distributors to make available contact information, as discussed below.
29.
Background
rmation available to consumers. We find these new requirements necessary to ensure that consumers
can more easily and promptly contact the appropriate video programming distributor to report closed
captioning problems or to file complaints. Therefore, we amend the Commission's rules to require video
program distributors to make available contact information, as discussed below.
29.
Background. The TD/ Petition requested that the Commission require video
programming distributors to post complete contact information on their websites, include it in billing
inserts and directories, update this information within seven days of any change, and provide the
73 See para. 22, supra (explaining that comumers submitting a closed captioning complaint may use the FCC Form
2000-C, and noting that we will amend the form to request information regarding the name and type ofMVPD, if
any, to whom a complainant subscribes).
74 Closed Captioning Report and Order, 13 FCC Red at 3383, para. 243; see also 41 C.F.R. § 79.l(gXS). The
Commission has noted that "good business practices will necessitate that video programming distributors maintain
records in order to ensure compliance with our rules, as well as to defend against possible consumer complaints."
Closed Captioning Report and Order, 13 FCC Red at 3383, para. 244.
15 Closed Captioning Report and Order, 13 FCC Red at 3381, para. 240.
76 See41 C.F.R. §§ 1.717 & 64.604(v)(B)(l).
77 The new or modified information requirements for section 79. l (g), as described above, are subject to the
Paperwork Reduction Act and therefore require the approval by the Office of Management and Budget.
Accordingly, these requirements will be effective upon publication in the Federal Register of a notice announcing
OMB's approval of this collection.
16684
R. §§ 1.717 & 64.604(v)(B)(l).
77 The new or modified information requirements for section 79. l (g), as described above, are subject to the
Paperwork Reduction Act and therefore require the approval by the Office of Management and Budget.
Accordingly, these requirements will be effective upon publication in the Federal Register of a notice announcing
OMB's approval of this collection.
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Federal Communications Commission
FCC08-2S5
information to the Connnission for posting on its website.78 In the 2005 Closed Captioning NPRM, the
Commission sought comment on whether distributors should be required to provide names and telephone
numbers for customer services on their websites, as welJ as in bills and telephone directories.79
Comrnenters generally support requiring video programming distributors and broadcast services to make
contact information readily available for captioning problems. 80 Individual consumers report confusion
about whom to contact and dissatisfaction with the responsiveness of the video programming
distributors.11
30.
Discussion. Given the record in this proceeding, we find that additional contact
information requirements are warranted. Specifically, we require video programming distnbutors to
make available two different kinds of contact infonnation - contact information for the receipt and
handling of immediate closed captioning concerns by consumers, and contact infonnation for written
closed captioning complaints.
31.
First, we require video programming distributors to make available, as described herein,
contact infonnation for the receipt and handling of immediate closed captioning concerns raised by
consumers (e.g., the captions suddenly disappear or become garbled). Consumers must be able to
promptly determine whom to contact if a captioning problem arises while they are watching a program
plaints.
31.
First, we require video programming distributors to make available, as described herein,
contact infonnation for the receipt and handling of immediate closed captioning concerns raised by
consumers (e.g., the captions suddenly disappear or become garbled). Consumers must be able to
promptly determine whom to contact if a captioning problem arises while they are watching a program.
To this end, programming distributors must designate a telephone number, fax number, and e-mail
address for purposes of receiving and responding immediately to any closed captioning concerns. To the
extent that a distributor has persoimel available, either on site or remotely, to address any technical
problems that may arise, consumers using this dedicated contact information must be able to reach
78 TD! Petition at 12-16.
79 2005 Closed Captioning NPRM, 20 FCC Red at 13222, para. 32.
80 See, e.g., New Jersey Division on Civil Rights Comments at 5; NVRC Reply Comments at 4; the National
Disability Rights Network (NDRN) Comments at 3; IDI Reply Comments at 15; MCS Comments at 12; Verizon
Reply Comments at 5-6; EchoStar Reply Conunents at 6; see also NAB Comments at 5~6; NAB Reply Comments
at 4-5 (it should be made "clear to consumers to which phone number and/or email address captioning complaints
should be directed" and a requirement to post specific contact information should be limited to ''those stations that
have already established Internet websites"); Ronald Vickery (Nov. 10, 2005); Jimmy Beldon (Nov. 2, 2005); C.M.
Boryslawskyj (Nov. 3, 2005); Margaret Bishop (Nov. 2, 2005); Ed Bosson (Nov. 7, 2005); George Breden (Nov. 2,
2005); Jack Cassell (Nov. 7, 2005); Marie Desrosiers (Nov. 8, 2005); Sarah Dixon (Nov. 3, 2005); Brenda Estes
(Nov. 9, 2005); Joshua Finkle (Nov. 7, 2005); Anatoliy Feygin (Nov. 8, 2005); Claudia Foy (Nov. 4, 2005); Malisa
Janes (Nov. 7, 2005); Marshall Lawrence (Nov. 17, 2005); Mary Lou Mayfield (Nov. 7, 2005); Dana Mulvany
(Nov. 10, 2005); Pauline Newton (Nov
7, 2005); George Breden (Nov. 2,
2005); Jack Cassell (Nov. 7, 2005); Marie Desrosiers (Nov. 8, 2005); Sarah Dixon (Nov. 3, 2005); Brenda Estes
(Nov. 9, 2005); Joshua Finkle (Nov. 7, 2005); Anatoliy Feygin (Nov. 8, 2005); Claudia Foy (Nov. 4, 2005); Malisa
Janes (Nov. 7, 2005); Marshall Lawrence (Nov. 17, 2005); Mary Lou Mayfield (Nov. 7, 2005); Dana Mulvany
(Nov. 10, 2005); Pauline Newton (Nov. 9, 2005); Reyes Preciado (Nov. 2, 2005); Ricky Schoenberg (Nov. 2, 2005);
Louis Schwarz (Nov. 2, 2005); and Rebecca Sneidman (Nov. 3, 2005); but see HBO Conunents at 13 (there is no
reason why "extra" contact infonnation is necessary, "since all video programming distributors maintain customer
service contact points as part of their standard operations ... [and] this information on a central FCC website would
require an enormous effort to gather and to update infonnation."); USTA Comments at 9 ("requiring video
programming distn'butors to designate specific individuals to immediately handle captioning complaints" and to
inform consumers and the Commission about personnel changes "is simply impractical and unnecessary").
81 See generally Comments of Dave Branfield (Oct. 31, 2005); Ron and Joyanne Burdett (Oct. 31, 2005); Tawny
Holmes (Nov. 29, 2005); Andrea Panella (Oct. 27, 2005); Philip Moos (Nov. 10, 2005); Wayne Scott (Aug. 3,
2005); Judith Viera (Dec 1, 2005); Dave Volz (Nov. 2, 2005); Ed Bosson (Nov. 7, 2005); KimMihan (Dec. 1,
2005); David Nelson (Nov. 10, 2005); C.M. Boryslawskyj (Nov. 3, 2005); Anatoliy Feygin (Nov. 8, 2005); Charley
Tiggs (Nov. 30, 2005); and Peggy Hlibok (Oct
urdett (Oct. 31, 2005); Tawny
Holmes (Nov. 29, 2005); Andrea Panella (Oct. 27, 2005); Philip Moos (Nov. 10, 2005); Wayne Scott (Aug. 3,
2005); Judith Viera (Dec 1, 2005); Dave Volz (Nov. 2, 2005); Ed Bosson (Nov. 7, 2005); KimMihan (Dec. 1,
2005); David Nelson (Nov. 10, 2005); C.M. Boryslawskyj (Nov. 3, 2005); Anatoliy Feygin (Nov. 8, 2005); Charley
Tiggs (Nov. 30, 2005); and Peggy Hlibok (Oct. 4, 2005); see also NVRC Reply Comments at 4 (citing consumers'
reports to them that repeated calls to stations are not answered); MCS Comments at 11 (citing consumers' reports to
them expressing frustration with resolving captioning problems and receiving no explanations as to why captions
were not present though MCS verified that they transmitted the captions); and TD! Petition Exhibit B (copies of
complaint letters and e-mails).
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Federal Communications Commission
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someone, either directly or indirectly, who can address the consumer's captioning concerns.82 We are not
requiring that distributors alter their hours of operation or the hours during which they have staffing
available; at the same time, however, where staff is available to address technical issues that may arise
during the course of transmitting programming, they also must be knowledgeable about and able to
address closed captioning concerns. As the Commission previously has stated, it is important that video
programming distributors make their organizations accessible to persons with hearing disabilities seeking
information about the entity's closed captioning or other matters, and we expect all video programming
distributors to take measmes to readily accommodate incoming calls placed through a
Telecommtmications Relay Service (TRS) operator.83 Jn situations where a distributor is not immediately
available, any calls or inquiries received, using this dedicated contact information, should be returned or
otherwise addressed within 24 hours.
32
oning or other matters, and we expect all video programming
distributors to take measmes to readily accommodate incoming calls placed through a
Telecommtmications Relay Service (TRS) operator.83 Jn situations where a distributor is not immediately
available, any calls or inquiries received, using this dedicated contact information, should be returned or
otherwise addressed within 24 hours.
32.
Second, we require video programming distributors to make contact information
available for the receipt and handling of written closed captioning complaints filed pursuant to section
79.l(g) of the Commission's rules that do not raise the type of immediate issues that are addressed above.
This contact information shall include the name of a person with primary responsibility for captioning
issues and who can ensure compliance with our rules, as well as the person's title or office, telephone
number, fax number, postal mailing address, and e-mail address. 84
33.
Distributors shall include the contact information required in paragraphs 31 and 32 above
on their websites,15 in telephone directories, and in billing statements (to the extent billing statements are
issued). We recognize that broadcast services are not subscription services with corresponding bills; for
this reason, distributors shall, at a minimum, place such contact information in telephone directories and
on their websites, if they have a website. 86 Distributors shall keep their contact information current, and
when there are changes they must update this information as promptly as possible, and in any event
within I 0 business days for websites, by the next billing cycle for billing statements, and by the next
publication of directories. 87
34
contact information in telephone directories and
on their websites, if they have a website. 86 Distributors shall keep their contact information current, and
when there are changes they must update this information as promptly as possible, and in any event
within I 0 business days for websites, by the next billing cycle for billing statements, and by the next
publication of directories. 87
34.
Jn addition, to assist consumers in locating contact information, the Commission shall
provide a list of video programming distributors' contact information (i.e., the name of the appropriate
12 If the issue is merely a matter of turning on the closed captions or making other such similar adjustments, the staff
person responding to the inquiry should take the necessary corrective actions to restore the captions immediately;
there may be occasions, however, where a captioning concern does not lend itself to immediate resolution - such as
in instances where the issue does not reside with the distributor. In such an event, the staff should refer the matter
appropriately for resolution.
83 Closed Captioning Reconsideration Order, 13 FCC Red at 20025, para. 116 and n.394. We expect staff reached
through the designated closed captioning contact information will be familiar with TRS. We will monitor the
accessibility of reaching video programming distributors through their provided contact information and will take
further action to ensure accessibility if necessary.
84 The information requirements in paragraphs 31 and 32 above are subject to the Paperwork Reduction Act and
therefore require the approval by the Office of Management and Budget. Accordingly, these requirements will be
effective upon publication in the Federal Register of a notice announcing OMB 's approval of this collection, and we
require distnl>utors to have fully complied with these requirements within 30 days thereafter.
85 This assumes the distributor has an established website
uction Act and
therefore require the approval by the Office of Management and Budget. Accordingly, these requirements will be
effective upon publication in the Federal Register of a notice announcing OMB 's approval of this collection, and we
require distnl>utors to have fully complied with these requirements within 30 days thereafter.
85 This assumes the distributor has an established website. If the distributor does not have a website, it is not
required to establish one in order to satisfy this contact information requirement.
86 These requirements are also effective 30 days after our publication in the Federal Register of a notice announcing
OMB approval of the collection requirements. See note 84, supra.
87 For example, in the event the designated contact person is no longer responsible for closed captioning issues, the
distributor must promptly update its contact information to list the contact information required above for the new
person.
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Federal Communications Commission
FCC08-2SS
person and/or office to contact, telephone numbers, e·mail addresses) on its website.BB To establish this
listing, we will require video programming distributors and broadcast services to file the required contact
information, as outlined above, for both immediate concerns and written captioning complaints, with the
Chief of the Disability Rights Office, Consumer and Governmental Affairs Bureau, or by sending the
information to CLOSEDCAPTIONING_POC@fcc.gov, within 30 days of our publication in the Federal
Register of a notice announcing approval by the Office of Management and Budget. After compiling and
posting the list on the FCC's website, Commission staff shall prepare a Public Notice advising consumers
and other interested parties how to obtain access to the contact information
, or by sending the
information to CLOSEDCAPTIONING_POC@fcc.gov, within 30 days of our publication in the Federal
Register of a notice announcing approval by the Office of Management and Budget. After compiling and
posting the list on the FCC's website, Commission staff shall prepare a Public Notice advising consumers
and other interested parties how to obtain access to the contact information. This information shall also
be available by telephone inquiry to the Commission's Consumer Center.89 Distributors shall promptly
notify the Commission each time there is a change in any of this required information, and in any event
within 10 business days.90
V.
NOTICE OF PROPOSED RULEMAKING
35.
As the nation transitions from analog to digital broadcasting, the video programming and
broadcasting landscape will change substantially. Digital broadcasting not only affords consumers the
potential for better picture and sound quality, it also allows for the more efficient use of spectrum.91 With
analog broadcasting, broadcasters use their spectrum allocation to provide programming on a single
channel. With digital broadcasting, broadcasters may use their digital allotment to multicast several
streams of programming, known as "multicasting." Because section 79.l(d)(12) of our rules exempts
from the closed captioning requirements certain programming "channels," in this Notice of Proposed
Rulemaking we seek comment on the application of that exemption to digital broadcasting.
36.
Section 79. l(d)(l2) exempts video programming channels that produced annual gross
revenues of less than $3 million during the previous calendar year from the Commission's closed
captioning obligations
from the closed captioning requirements certain programming "channels," in this Notice of Proposed
Rulemaking we seek comment on the application of that exemption to digital broadcasting.
36.
Section 79. l(d)(l2) exempts video programming channels that produced annual gross
revenues of less than $3 million during the previous calendar year from the Commission's closed
captioning obligations.
92 In 1997, when the Commission adopted the exemption for channels producing
less than $3 million in revenues, it specified that "[a]nnual gross revenues shall be calculated for each
channel individually based on revenues received in the preceding calendar year from all sources related to
the programming on that channel."93 The Commission did not determine, however, what constitutes a
.. channel" for purposes of satisfying this self-implementing exemption. As noted above, at that time
broadcasters used their spectrum allocation to provide analog programming on a single channel; with
digital broadcasting, broadcasters can multicast several streams of programming. We therefore seek
comment on whether, for purposes of section 79.l(d)(12), each programming stream on a multicast signal
BB See TOI Reply Comments at 15 (stating that in order for consumers to know where to file closed captioning
complaints, video programming distnl>utors should provide appropriate contact information on their bills and
websites, and that this infonnation should be posted on the Commission's Web site).
B9 Those phone numbers are 1-888-225-5322 (voice) and 1-888-835-5322 (ITV).
90 We note that this Commission requires telecommunications manufacturers and service providers and TRS
providers to have contact information posted on the Commission's Web site. See 47 C.F.R
riate contact information on their bills and
websites, and that this infonnation should be posted on the Commission's Web site).
B9 Those phone numbers are 1-888-225-5322 (voice) and 1-888-835-5322 (ITV).
90 We note that this Commission requires telecommunications manufacturers and service providers and TRS
providers to have contact information posted on the Commission's Web site. See 47 C.F.R. §§ 7.17(b), 64.604(c)(2)
& (c)(6)(v)(A)(3); see also Implementation of Sections 255 and 25/(A.)(2) of the Communications Act of 1934, as
enacted by the Telecommunications Act of 1996; Access to Telecommunications Service, Telecommunications
Equipment and Customer Premises Equipment by Persons with Disabilities, WT Docket No. 96-198, Report and
Order and Further Notice of Inquiry, 16 FCC Red 6417, 6469, paras. 127-28 (Sept 29, 1999).
91 See generally FCC Consumer Publication "DTV Is Coming (And Sooner Than You Think!)"
http://www.fcc.gov/cgb/consumertacts/digitaltv.html.
92 47 C.F.R. § 79.l(d)(l2) ("Channels producing revenues of under $3,000,000. No video programming provider
shall be required to expend any money to caption any channel of video programming producing annual gross
revenues of less than $3,000,000 during the previous calendar year other than the obligation to pass through video
programming already captioned when received pursuant to paragraph (c) of this section").
93 Closed Captioning Report and Order, 13 FCC Red at 3350, para. 165 (emphasis added).
16687
be required to expend any money to caption any channel of video programming producing annual gross
revenues of less than $3,000,000 during the previous calendar year other than the obligation to pass through video
programming already captioned when received pursuant to paragraph (c) of this section").
93 Closed Captioning Report and Order, 13 FCC Red at 3350, para. 165 (emphasis added).
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Federal Communications Commission
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constitutes a separate channel, or whether the broadcaster's entire operations attributable to its digital
allotment should be considered one channel.94
3 7.
The determination of whether multicast channels constitute separate channels for
pui-poses of the exemption in section 79 .1 ( d)(l2) has important consequences. If each multicast stream is
a separate channel,95 under the current rule such a channel would be exempt from the closed captioning
rules until its revenues reach the $3 million mark.96 As a result, if we were to determine that each
multicast stream is a separate channel, it is likely that there will be less captioned programming available.
We seek comment on this assumption. At the same time, however, ifthe majority of programming aired
on secondary multicast streams is already captioned, it is possible that the percentage of available
captioning will not be greatly affected, given that programming that is already captioned and delivered to
a broadcaster for airing must be aired with the captions intact
ed programming available.
We seek comment on this assumption. At the same time, however, ifthe majority of programming aired
on secondary multicast streams is already captioned, it is possible that the percentage of available
captioning will not be greatly affected, given that programming that is already captioned and delivered to
a broadcaster for airing must be aired with the captions intact. We note that, under our rules,
programming that is already captioned and delivered to a broadcaster for airing must be aired with the
captions intact, regardless of the multicast stream on which the programming airs, pursuant to the pass
through rule.97 Further, as noted in the Declaratory Ruling, the pass through rule applies regardless of
whether a distributor is exempt from the captioning rules.98 Therefore, given the pass through rule, it is
likely that much of the programming delivered to broadcasters for airing on multicast streams will already
be captioned, especially if it is programming provided by a network progrannner, even if section
79.l(d)(12) applies to each multicast channel.99 We seek comment on what percentage of programming
that airs on multicast streams, other than the main stream, is network programming, and how much of that
programming is already captioned. 100
94 At the time the Commission adopted the closed captioning rules, it declined to adopt additional or different
captioning requirements specific to DTV technology that rely on the extended capacities and potential inherent in
the digital transmission process. See id. at 3384-85, paras. 247-49.
95 We note that when the closed captioning rules were adopted, the Commission determined that compliance with
the requirements would be measmed on a channel-by-channel basis, and rejected the suggestion of those
commenters who advocated a system-wide approach, stating that such an approach would prove administratively
burdensome for video programming distnbutors. Id. at 3309, para. 79
247-49.
95 We note that when the closed captioning rules were adopted, the Commission determined that compliance with
the requirements would be measmed on a channel-by-channel basis, and rejected the suggestion of those
commenters who advocated a system-wide approach, stating that such an approach would prove administratively
burdensome for video programming distnbutors. Id. at 3309, para. 79. The Commission also determined that each
channel of a nmltiplexed signal will be obligated to meet the minimum requirements of the rules. Id. at 3309, para.
80.
96 47 C.F.R. § 79.l(d)(l2). Calculating whether the $3 million gross revenues threshold in section 79.l(d)(l2) has
been met requires a review of advertising revenues from station-controlled inventory, including network
compensation and barter transactions. See Closed Captioning Report and Order, 13 FCC Red at 3350, para. 165;
see also Closed Captioning Reconsideration Order, 13 FCC Red at 20002, paras. 66-67. The $3 million revenue
exemption was "intended to address the problems of small providers that are not in a position to devote significant
resources towards captioning (i.e., those who would find it economically burdensome)." Closed Captioning Report
and Order, 13 FCC Red at 3350, para. 164.
97 See 47 C.F.R. § 79. l(c).
98 See para. 11, supra.
99 See Closed Captioning Report and Order, 13 FCC Red at 3308, para. 79 (Commission determined that measuring
compliance with the rules on a channel-by-channel basis adequately addressed commenters' concerns regarding
captioning responsibility for broadcast stations retransmitted by MVPDs, in that broadcast stations would be
responsible for captioning in their role as video programming distributors, and MVPDs would be required to pass
through those captions intact).
100 We note that, as a practical matter, it is likely that only non-network portions of programming aired on multicast
streams would not be captioned pursuant to the $3 million threshold exemption
ansmitted by MVPDs, in that broadcast stations would be
responsible for captioning in their role as video programming distributors, and MVPDs would be required to pass
through those captions intact).
100 We note that, as a practical matter, it is likely that only non-network portions of programming aired on multicast
streams would not be captioned pursuant to the $3 million threshold exemption. Network programming must be
captioned unless otherwise exempt; for this reason, it is likely that network programming that is sent to a distributor
will already contain captions. These captions must be passed through to the consumer.
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38.
We also seek comment on whether we should conclude that individual programming
streams are not separate channels for purposes of calculating revenues for purposes of section 79 .1 ( d)(l 2).
In such circumstances, digital broadcasters would be exempt from the Commission's captioning
requirements under section 79 .1 ( d)(l2) only if their overall operations, taking into account all activities
on all "streams," received less than $3 million in revenues. We seek comment on the relative merits of
this approach and its practical effects, including how this determination might affect program diversity,
the airing of locally-originated programming, or the airing of other kinds of programming that may afford
little or no economic return. We also seek connnent on whether this approach may result in an increase in
the number of petitions for exemption from the closed captioning requirements under the "undue burden"
standard set forth in section 79.l(f).101
39.
Finally, we seek comment on whether we should revise the exemption as it applies to
multicast streams to, for example, change the $3 million threshold for the multicast progrannning streams
other than the "main" stream or adopt a new non-revenue approach
er of petitions for exemption from the closed captioning requirements under the "undue burden"
standard set forth in section 79.l(f).101
39.
Finally, we seek comment on whether we should revise the exemption as it applies to
multicast streams to, for example, change the $3 million threshold for the multicast progrannning streams
other than the "main" stream or adopt a new non-revenue approach. Specifically, we seek comment on
whether the $3 million revenue amount is a reasonable threshold for determining if secondary multicast
streams should be exempt from the closed captioning requirements, or whether, given the general natme
of the programming on such channels, a smaller figure is appropriate and, if so, what that amount should
be.
40.
We also seek comment on whether it is appropriate to adopt something other than a fixed
revenue threshold for determining whether secondary multicast streams must be captioned. For example,
we seek comment on whether captioning requirements should be tied to a formula that considers the
number of programming streams being offered (or some other variable). Such an approach might be
similar to that used for determining a broadcaster's children's television programming requirements. In
the context of children's television programming, the Commission sought comment on the continued
application of our children's television requirements in light of the transition to digital television and the
increased programming opportunities that are now available to broadcasters.102 The Commission
ultimately adopted rules requiring that a multicast broadcaster's core programming obligation increases in
proportion to the amount of free programming being offered.103 We seek comment on similar alternatives
for applying captioning requirements to multicast program streams.
VI.
CONCLUSION
41
the
increased programming opportunities that are now available to broadcasters.102 The Commission
ultimately adopted rules requiring that a multicast broadcaster's core programming obligation increases in
proportion to the amount of free programming being offered.103 We seek comment on similar alternatives
for applying captioning requirements to multicast program streams.
VI.
CONCLUSION
41.
As we prepare for the completion of the full-power broadcast digital television transition
on February 17, 2009, it is critical that video programming continue to be accessible to individuals who
IOI
9
See 41 C.F.R. § 7 .l(t).
102 See Children's Television Obligations of Digital Television Broadcasters, MM Docket 00-167, Notice of
Proposed Rulemaking, 15 FCC Red 22946 (Oct. 5, 2000) (Children's Digital Television NPRM); see also Children's
Television Obligations of Digital Broadcasters, MM Docket 00-167, Report and Order and Further Notice of
Proposed Rulemaking, 19 FCC Red 22943 (Nov. 23, 2004) (Children's Digital Television Report and Order).
103 Pursuant to the Commission's rules pertaining to children's programming on digital stations, in addition to the
existing three hours per week core programming on their "main program stream," DTV broadcasters that choose to
multicast must increase their core children's programming in proportion to the additional hours of free programming
offered on multicast channels - up to an additional three hours per week for each 24-hour free multicast program
stream. The guidelines adopted in 2004 also permit digital broadcasters to choose to air some or all of the additional
core programming on either the main stream or a multicast stream, as long as the multicast stream receives MVPD
carriage comparable to the stream that generated the additional core programming obligation. See Children's Digital
Television Report and Order
ree multicast program
stream. The guidelines adopted in 2004 also permit digital broadcasters to choose to air some or all of the additional
core programming on either the main stream or a multicast stream, as long as the multicast stream receives MVPD
carriage comparable to the stream that generated the additional core programming obligation. See Children's Digital
Television Report and Order. On reconsideration, the Commission declined to alter the new children's core
programming "multicasting" rule adopted in the Children's Digital Television Report and Order, but clarified the
way in which repeats of core programs will be counted under the rule adopted in 2004. See Children's Television
Obligations Of Digital Television Broadcasters, MM Docket 00-167, Second Order on Reconsideration and Second
Report and Order, 21 FCC Red 11065 (Sept. 29, 2006) (Children's Digital Television Second Reconsideration
Order).
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Federal Communications Commission
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are deaf or hard of hearing. To this end, in the Declaratory Ruling we clarify that transitioning from
analog to digital does not, in itself, qualify an entity for the new network exemption from the closed
captioning requirements. We also clarify that, wlless otherwise exempt from the closed captioning rules,
digital programming must be captioned pursuant to the applicable benchmarks for that type of
programming. Specifically, 100 percent of new, non-exempt digital English language video
programming must be captioned. We also remind distributors that, in order for captioned programming to
count toward the distributors' captioning benchmarks, they must transmit captions that can be decoded by
analog television sets. We remind MVPDs that provide customer premises equipment (CPE), such as set-
top boxes, to their subscribers, that they are responsible for ensuring that this equipment transmits all
available captions to the television set, for both analog and digital fonnatted programs.
42
oward the distributors' captioning benchmarks, they must transmit captions that can be decoded by
analog television sets. We remind MVPDs that provide customer premises equipment (CPE), such as set-
top boxes, to their subscribers, that they are responsible for ensuring that this equipment transmits all
available captions to the television set, for both analog and digital fonnatted programs.
42.
In addition, in the Order we amend our rules to provide for more efficient complaint
processes and methods for consumers to contact distributors with concerns about closed captioning.
Together, these actions should further ensure that all Americans have access to video services and
programs, consistent with Congress's mandate in Section 713 of the Act. In the Notice of Proposed
Rulemaldng, we seek comment on the application of the exemption set forth in section 79 .1 ( d)(l 2) of our
rules to digital multicast channels, in a manner that will serve the public interest by promoting both the
availability of captioning and greater diversity in programming.
VD.
PROCEDURAL MAITERS
43.
Comments and Reply Comments. Pursuant to sections 1.415 and 1.419 of the
Commission's rules,104 interested parties may file comments and reply comments on or before the dates
indicated on the first page of this document. When filing comments, please reference CG Docket No. 05-
231. Comments may be filed using: (I) the Commission's Electronic Comment Filing System (ECFS),
ROCEDURAL MAITERS
43.
Comments and Reply Comments. Pursuant to sections 1.415 and 1.419 of the
Commission's rules,104 interested parties may file comments and reply comments on or before the dates
indicated on the first page of this document. When filing comments, please reference CG Docket No. 05-
231. Comments may be filed using: (I) the Commission's Electronic Comment Filing System (ECFS),
(2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies.105 For additional
information on this proceeding, please contact Amelia Brown in the Consumer and Governmental Affairs
Bureau, at (202) 418-2799.
104
•
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal:
http://www.regulations.gov. Filers should follow the instructions provided on the relevant
Web site for submitting comments.
•
For ECFS filers, in completing the transmittal screen, filers should include their full
name, U.S. Postal Service mailing address, and the applicable docket number, CG
Docket No. 05-231. Parties also may submit an electronic comment by Internet e-mail.
To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the
following words in the body of the message, "get form." A sample form and instructions
will be sent in response.
•
Paper Filers: Parties who choose to file by paper must file an original and four copies of each
filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier,
or by first-class or overnight U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications Commission.
•
The Commission's contractor will receive hand-delivered or messenger-delivered paper
filings for the Commission's Secretary at 236 Massachusetts Avenue, NE, Suite 110,
Washington, DC 20002
(although we continue to experience
delays in receiving U.S. Postal Service mail). All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications Commission.
•
The Commission's contractor will receive hand-delivered or messenger-delivered paper
filings for the Commission's Secretary at 236 Massachusetts Avenue, NE, Suite 110,
Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All
47 C.F.R. §§ 1.415, 1.419.
105 See Electronic Filing of Documents in Rulemalcing Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Red 11322, 11326, para. 8 (Apr. 6, 1998).
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Federal Communications Commission
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hand deliveries must be held together with rubber bands or fasteners. Any envelopes
must be disposed of before entering the building.
•
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
•
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington, DC 20554.
44.
Persons with Disabilities: To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call
the Conswner and Governmental Affairs Bureau at 202-418-0530 (voice) or 202-418-0432 (ITY). This
Declaratory Ruling, Order, and Notice of Proposed Rulemaki.ng also can be downloaded in Word and
Portable Document Formats (PDF) at http://www.fcc.gov/cgb/dro/caption.html.
45.
We encourage all parties filing comments and reply comments to include the name of the
filing party and the date of the filing on each page of their comments and reply comments. We further
encourage that parties in their comments track the organi7.ation set forth in this NPRM in order to
facilitate our internal review process
ument Formats (PDF) at http://www.fcc.gov/cgb/dro/caption.html.
45.
We encourage all parties filing comments and reply comments to include the name of the
filing party and the date of the filing on each page of their comments and reply comments. We further
encourage that parties in their comments track the organi7.ation set forth in this NPRM in order to
facilitate our internal review process. Comments and reply comments otherwise must comply with
section 1.49 and all other applicable sections of the Commission's rules.106
46.
Ex Parte Rules. This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's ex parte ru)es.107 Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentations must contain summaries of the substance of the
presentations and not merely a listing of the subjects discussed. More than a one or two sentence
description of the views and arguments presented is generally required.108 Other requirements pertaining
to oral and written presentations are set forth in section l. l 206(b) of the Commission's rules.
4 7.
Regulatory Flexibility Certifications. As required by the Regulatory Flexibility Act of
1980 (RF A), 109 the Commission has prepared a Final Regulatory Flexibility Certification in which it
concludes that, wider the terms of the RF A, there is no significant economic impact on small entities of
the policies and rules addressed in this document. The certification is set forth in Appendix C.
48.
As required by the RF A,
110 the Commission also has prepared an Initial Regulatory
Flexibility Certification of the possible significant economic impact on smaU entities of the policies and
rules addressed in this document. The certification is set forth in Appendix D.
49.
Paperwork Reduction Act
olicies and rules addressed in this document. The certification is set forth in Appendix C.
48.
As required by the RF A,
110 the Commission also has prepared an Initial Regulatory
Flexibility Certification of the possible significant economic impact on smaU entities of the policies and
rules addressed in this document. The certification is set forth in Appendix D.
49.
Paperwork Reduction Act. The Order adopts new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13.111 It will be submitted
to the Office of Management and Budget (OMB) for review under Section 3507(d) of the PRA. OMB,
the general public, and other Federal agencies are invited to comment on the new or modified information
collection requirements contained in this proceeding. In addition, we note that, pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law I 07-198, 112 we previously sought comment on how
the Commission might "further reduce the information collection burden for small business concerns with
fewer than 25 employees." In this document, we have assessed the effects ofrequiring that video
106 See 47 C.F.R. § 1.49.
107 47 C.F.R. §§ 1.200 et seq.
108 See 47 C.F.R. § 1.1206(b)(2).
109 ... .,ee S U.S.C. § 604.
nos ee 5 U.S.C. § 603.
111
u
44 .s.c. §§ 3501-3520.
112
u
44 .S.C. § 3506(c)(4).
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Federal Communications Commission
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programming distributors provide contact infonnation on their websites (if they have a website) and in
bills and phone directories so that consumers can more easily complain about closed captioning concerns.
We have also assessed the effects of providing this information to the FCC for posting on the FCC's
website. We have also considered the impact of requiring that distributors forward complaints to the
appropriate entity for response, where applicable, and notifying the FCC and the complainant that the
complaint has been forwarded
umers can more easily complain about closed captioning concerns.
We have also assessed the effects of providing this information to the FCC for posting on the FCC's
website. We have also considered the impact of requiring that distributors forward complaints to the
appropriate entity for response, where applicable, and notifying the FCC and the complainant that the
complaint has been forwarded. We find that none of these requirements will pose a substantial burden for
businesses with fewer than 25 employees.
50.
Congressional Review Act. The Commission will send a copy of this Declaratory
Ruling, Order, and Notice of Proposed Rulemaking in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act. 113
VIIl.
ORDERING CLAUSES
51.
Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 303(r) and 713 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r) and 613, this Declaratory Ruling,
Order, and Notice of Proposed Rulemaking IS ADOPTED and the Commission's Rules ARE HEREBY
AMENDED as set forth in Appendix A.
52.
IT IS FURTHER ORDERED that the Declaratory Ruling and Order SHALL BE
EFFECTIVE 30 days after publication in the Federal Register, except with regard to the information
collection requirements contained in new rule section 79 .1 (i) and section 79 .1 (g), which will become
effective upon publication in the Federal Register of notice of approval by the Office of Management and
Budget of the information collections, and, with respect to section 79. l(i), with which distributors must
comply within 30 days thereafter.
53.
IT IS FURTHER ORDERED that the Commission's Consumer and Governmental
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Declaratory Ruling, Order,
and Notice of Proposed Rulemaking, including the Final and Initial Regulatory Flexibility Analyses
(found in Appendices C and D hereto), to the Chief Counsel for Advocacy of the Small Business
Administration.
54
reafter.
53.
IT IS FURTHER ORDERED that the Commission's Consumer and Governmental
Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Declaratory Ruling, Order,
and Notice of Proposed Rulemaking, including the Final and Initial Regulatory Flexibility Analyses
(found in Appendices C and D hereto), to the Chief Counsel for Advocacy of the Small Business
Administration.
54.
To request materials in accessible formats (such as braille, large print, electronic files, or
audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau
at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This Declaratory Ruling, Order, and Notice of
Proposed Rulemaking can also be downloaded in Word and Portable Document Formats (PDF) at
ht1p://www.fcc.gov/cgb/dro/caption.html.
113 See 5 U.S.C. § 80l(a)(l)(A).
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
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APPENDIX A
Revised Rules
Part 79 of Title 47 of the Code of Federal Regulations is amended as follows:
PART 79-CLOSED CAPTIONING OF VIDEO PROGRAMMING
1.
The authority citation for Part 79 continues to read as follows:
Authority: 47 U.S.C. 613.
2.
Section 79. l(a) is amended by revising paragraphs (5), (6Xi), and (6)(ii) to read as follows:
(5) New programming.
(i) Analog video programming that is first published or exhibited on or after January l, 1998.
(ii) Digital video programming that is first published or exhibited on or after July 1, 2002.
( 6) Pre-rule programming.
(i) Analog video programming that was first published or exhibited before January I, 1998.
(ii) Digital video programming that was first published or exhibited before July I, 2002.
3.
Section 79. l (g) is amended to read as follows:
exhibited on or after January l, 1998.
(ii) Digital video programming that is first published or exhibited on or after July 1, 2002.
( 6) Pre-rule programming.
(i) Analog video programming that was first published or exhibited before January I, 1998.
(ii) Digital video programming that was first published or exhibited before July I, 2002.
3.
Section 79. l (g) is amended to read as follows:
(g) Complaint procedures.
(1) Complaints concerning an alleged violation of the closed captioning requirements of this section shall
be filed with the Commission or with the video programming distributor responsible for delivery and
exhibition of the video programming within sixty (60) days of the problem with captioning. A complaint
must be in writing, must state with specificity the alleged Commission rule violated and must include
some evidence of the alleged rule violation.
(2) Complaints filed first with the Commission will be forwarded to the appropriate video programming
distributor. The video programming distributor must respond in writing to the Commission and the
complainant within 30 days of the receipt of the complaint from the Commission.
(3) Complaints sent to a video programming distributor regarding programming by a television broadcast
station or other programming for which the video programming distributor is exempt from closed
captioning responsibility pursuant to paragraph ( e )(9) of this section, shall be forwarded by the video
programming distributor within seven (7) days of receipt to the entity responsible for closed captioning of
the programming at issue. The video programming distributor must also notify the complainant and the
Commission that it has forwarded the complaint. Entities receiving forwarded complaints must respond
in writing to the complainant within 30 days of the forwarding date of the complaint
o
programming distributor within seven (7) days of receipt to the entity responsible for closed captioning of
the programming at issue. The video programming distributor must also notify the complainant and the
Commission that it has forwarded the complaint. Entities receiving forwarded complaints must respond
in writing to the complainant within 30 days of the forwarding date of the complaint.
( 4) If a complaint is first filed with the video programming distributor, the video programming distributor
must respond in writing to the complainant within thirty (30) days after receipt of a closed captioning
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Federal Communications Commission
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complaint. If a video programming distributor fails to respond to the complainant within thirty (30) days,
or the response does not satisfy the consumer, the complainant may file the complaint with the
Commission within thirty (30) days after the time allotted for the video programming distributor to
respond. If a consumer re-files the complaint with the Commission (after filing with the distributor), the
Commission will forward the complaint to the distributor, and the distributor shall respond to the
Commission and the complainant within thirty (30) days of receipt of the complaint from the
Commission.
(5) In response to a complaint, a video programming distributor is obligated to provide the Commission
with sufficient records and documentation to demonstrate that it is in compliance with the Commission's
rules.
(6) ***
(7) ***
(8) ***
5.
Section 79. l(i) is added to read as follows:
Commission and the complainant within thirty (30) days of receipt of the complaint from the
Commission.
(5) In response to a complaint, a video programming distributor is obligated to provide the Commission
with sufficient records and documentation to demonstrate that it is in compliance with the Commission's
rules.
(6) ***
(7) ***
(8) ***
5.
Section 79. l(i) is added to read as follows:
(i) Contact information.
(1) Video programming distributors shall make available contact information for the receipt and
handling of immediate closed captioning concerns raised by consumers while they are watching a
program. Programming distributors must designate a telephone number, fax number, and e-mail address
for purposes of receiving and responding immediately to any closed captioning concerns. Video
programming distributors should ensure that any staff reachable through this contact information has the
capability to immediately respond to and address consumers' concerns. To the extent that a distributor
has personnel available, either on site or remotely, to address any technical problems that may arise,
consumers using this dedicated contact information must be able to reach someone, either directly or
indirectly, who can address the consumer's captioning concerns. This provision does not require that
distributors alter their hours of operation or the hours during which they have staffing available; at the
same time, however, where staff is available to address technical issues that may arise during the course
of transmitting programming, they also must be knowledgeable about and be able to address closed
captioning concerns. In situations where a distributor is not immediately available, any calls or inquiries
received, using this dedicated contact information, should be returned or otherwise addressed within 24
hours
e staff is available to address technical issues that may arise during the course
of transmitting programming, they also must be knowledgeable about and be able to address closed
captioning concerns. In situations where a distributor is not immediately available, any calls or inquiries
received, using this dedicated contact information, should be returned or otherwise addressed within 24
hours. In those situations where the captioning problem does not reside with the distributor, the staff
person receiving the inquiry should refer the matter appropriately for resolution.
(2) Video programming distributors shall make contact information available for the receipt and handling
of written closed captioning complaints that do not raise the type of immediate issues that are addressed
in subsection (1) of this section. The contact information required for written complaints shall include the
name of a person with primary responsibility for captioning issues and who can ensure compliance with
our rules. In addition, this contact information shall include the person's title or office, telephone number,
fax number, postal mailing address, and e-mail address. Distributors shall include this information on
their websites (if they have a website), in telephone directories, and in billing statements (to the extent the
distributor issues billing statements). Distributors shall keep this information current and update it within
IO business days for websites, by the next billing cycle for billing statements, and by the next publication
of directories.
. Distributors shall include this information on
their websites (if they have a website), in telephone directories, and in billing statements (to the extent the
distributor issues billing statements). Distributors shall keep this information current and update it within
IO business days for websites, by the next billing cycle for billing statements, and by the next publication
of directories.
(3) Video programming distributors shall file the contact information described in this section with the
Chief of the Disability Rights Office, Consumer and Governmental Affairs Bureau, or by sending the
information to CLOSEDCAPTIONING_POC@fcc.gov. After compiling and posting the list on the
FCC' s website, Commission staff shall prepare a Public Notice advising consumers and other interested
parties how to obtain access to the contact information. This information shall also be available by
16694

Federal Communications Commission
FCC 08-255
telephone inquiry to the Commission's Consumer Center. Distributors shall notify the Commission each
time there is a change in any of this required information within I 0 business days.
*****
16695

Federal Communications Commission
APPENDIXB
Form 2000C - Informal Complaint Form
Approved by OMB
3060-0874
Estimated time per response: 30 minutes
September 2007
Form 2000C - Disability Access Complaint
Consumer's lnfonnation:
First Name:
Last Name: -----------~
FCC08-2SS
Company Name: ____________________________ _
(Complete only if you are filing this complaint on behalf of a company or an organization.)
Street Address or Post Office Box Number: -----------------
City:
State:_ Zip Code: __ _
Telephone Number (Residential or Business): L__) __ -
Ext:
E-mail Address: _________________________ _
Are you filing information on behalf of another party, such as client, parent, spouse or roommate?
_Yes _No If yes, complete items a through g.
a. Your relationship with the party:----------------
b. The party's first name:---------------
c
er: -----------------
City:
State:_ Zip Code: __ _
Telephone Number (Residential or Business): L__) __ -
Ext:
E-mail Address: _________________________ _
Are you filing information on behalf of another party, such as client, parent, spouse or roommate?
_Yes _No If yes, complete items a through g.
a. Your relationship with the party:----------------
b. The party's first name:---------------
c. The party's last name:---------------
d. The party's daytime phone number: L_) __ -
Ext: ___ _
e. The party's street address or post office box number: --------------
f. City
State:_ Zip Code:-------
g. E-mail address:--------------
h. Fax number: ______________ _
IMPORTANT: Please indicate the preferred format or method of response to the complaint by the
Commission and defendant: _Letter_ Facsimile (fax)_ Telephone Voice_ TRS (designate
fonn ofTRS and appropriate contact information)
TIY
Internet E-mail_ ASCil Text_ Audio-Cassette Recording_ Braille
* * ANSWER EACH QUESTION THAT APPLIES TO YOUR SPECIFIC COMPLAINT * •
1. Check one box for your type of complaint:
_Telecommunications Relay Service (TRS)
(i.e., TTY-based, IP Relay, CapTel, IP CapTel, Speech-to-Speech, Video Relay Service (YRS))
_
Accessibility of emergency information on television
_Closed Captioning (absence, quality or pass through High Definition (HD) programs)
NOTE: If your complaint is about closed captioning only, you must first contact the station or video
programming distributor. For additional information, see
http://www.fcc.gov/cgb/consumerfacts/closedcaption.html.
_Wireless telephone equipment or service {includes hearing aid compatibility and other
accessibility issues)
_
Wireline telephone equipment or service (includes hearing aid compatibility and other
accessibility issues)
16696
ng only, you must first contact the station or video
programming distributor. For additional information, see
http://www.fcc.gov/cgb/consumerfacts/closedcaption.html.
_Wireless telephone equipment or service {includes hearing aid compatibility and other
accessibility issues)
_
Wireline telephone equipment or service (includes hearing aid compatibility and other
accessibility issues)
16696

Federal Communications Commission
FCC08-lSS
2. Provide the name, address and telephone number (if known) of the company(s) involved in your
complaint:
Name: ----------------------------
City:
State: __ Zip Code:--------
Telephone number: L._) __ -__ _
3. If your complaint is about accessibility of telecommunications services or equipment, provide the make
and model number of the equipment or device that this complaint is about:
4. If your complaint is about closed captioning or emergency information on television,
provide the date (mm/dd/yyyy) _/_I
I and time
AM
PM
and any details of when the event or action you are complaining about occurred:
5. If your complaint is about access to emergency infonnation on television, provide the following
information:
a. Television station call sign (e.g., "WZUE-TV''): -------
b. Station channel (e.g., "13"): _____ _
c. Station location: City
State:
d. Date(s) and time(s) of emergency:_/_/
I and time
AM
PM
e. Detailed description of the emergency (i.e., flood, hurricane, tornado, etc., as well as the areas in which
the emergency occurred): _____________________ _
6. If your complaint is about closed captioning, provide the following:
a. Station call sign (e.g., "KDID," "WZUF," "KDilJ-FM," "WZUE-TV"): ______ _
b. Station frequency (e.g., "1020" or "88.5''):
or channel (e.g., "13''): ------
c. Station location: City
State:
d. Name ofprogram(s) involved: ---------------------
Note: If your complaint is about closed captioning only, you must first contact the station or video
programming distributor
g, provide the following:
a. Station call sign (e.g., "KDID," "WZUF," "KDilJ-FM," "WZUE-TV"): ______ _
b. Station frequency (e.g., "1020" or "88.5''):
or channel (e.g., "13''): ------
c. Station location: City
State:
d. Name ofprogram(s) involved: ---------------------
Note: If your complaint is about closed captioning only, you must first contact the station or video
programming distributor. For additional information, see
http://www.fcc.gov/cgb/consumerfacts/closedcaption.html .
7. Briefly describe your complaint and include the resolution you are seeking. If applicable, provide a full
description of the telecommunications equipment or customer premises equipment (CPE) and/or the
telecommunications service about which the complaint is made, and the date or dates on which the
complainant either purchased, acquired or used, or attempted to purchase, acquire or use the
telecommunications equipment, CPE or telecommunications service about which the complaint is being
made.
16697

Federal Communications Commission
FCC08-lSS
You may submit this form over the futemet at http://www.fcc.gov/cgb/complaints.html, by e-mail to
fccinfo@fcc.gov, by fax to 1-866-418-0232, or by postal mail to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Complaints
445 12th Street, SW
Washington, D.C. 20554
fu addition, you may submit your complaint over the telephone by calling 1-888-CALL-FCC or 1-888-
TELL-FCC (ITY). If\ you choose to submit your complaint over the telephone, an FCC customer service
representative will fill out an electronic version of the form for you during your conversation. If you have
any questions, feel free to contact the FCC at 1-888-CALL-FCC or 1-888-TELL-FCC (TIY).
FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT AND THE PRIVACY ACT
The Federal Communications Commission iB authorized under the Communfcations Ad of 1934, as amended, to collect the personal information that
-
request in ttis fonn
ctronic version of the form for you during your conversation. If you have
any questions, feel free to contact the FCC at 1-888-CALL-FCC or 1-888-TELL-FCC (TIY).
FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT AND THE PRIVACY ACT
The Federal Communications Commission iB authorized under the Communfcations Ad of 1934, as amended, to collect the personal information that
-
request in ttis fonn. This form is used for axnplaints that inwlve disablHty access. The public reporting for this collection of information is estimafad
to average 30 minutes per response, Including the time for reviewing inslrudlons, searching existing data sources, gathering and maintaining the
required data, and completing and l9Yiewing the collaction of infonnation. if you have any commenlB on this burden astimata, Of how -
can impnwe
the collection and reduce the burden ii causes you, please write to the Federal Communications Commission, OMO-PERM, PaperM>lk Reduction
Project (3060-0874), Waehington, DC 20554. We wil also aa:ept your commants nigarding the Paperwork Raduclion Ad aspaclB of ttis collection via
the Internet if you sand them to PRA@fec.gov. PLEASE DO NOT SEND YOUR COMPLETED FORMS TO THIS ADDRESS. Ramamber - You are not
required to respond to a collection of Information sponsored by the Federal govanvnent, and the government may not conduct Of sponsor
this collection, unless It displays a ammtly valid OMB control number or if- faH to provide you with this notice. This c:ollacllon has bean assigned an
OMB control number of 3060 - 0874. In addition, the information that consumers provide when filling out FCC Form 2000 is COll8Ald by the system of
l8CDltls nolk:e, FCCICGB-1, Informal Complaints and inquiries Fila (Broadcast, Common Carrier, and Wireless Telecommunlc:ations Bureau Radio
SeMces). The Commilllion is authorized to request this Information from consumers under 47 U.S.C. 206, 208, 301, 303, 309(a), 312, 382. 384, 388,
507, and 51; and 47 CFR 1.711 et seq
umers provide when filling out FCC Form 2000 is COll8Ald by the system of
l8CDltls nolk:e, FCCICGB-1, Informal Complaints and inquiries Fila (Broadcast, Common Carrier, and Wireless Telecommunlc:ations Bureau Radio
SeMces). The Commilllion is authorized to request this Information from consumers under 47 U.S.C. 206, 208, 301, 303, 309(a), 312, 382. 384, 388,
507, and 51; and 47 CFR 1.711 et seq. Under this system of records notice, FCCICGB-1, the FCC maydlsclola information thatconsumens provide
as follows: when a record in this system involves a complaint against a company, the complaint is forwarded to the defendant who must. within a
piesalbed time frame, either satisfy the axnplaint or explain to the Commission and the complainant its failure to do so; where there is an indication of
a violation or potential violation of a statute. regulation, rule, or order, records from this system may be referred to the appropriate Federal, state, or
local agency responsible for investigating or prosecuting a violation or for enforcing or implementing the statute. rule, regulation, or order; a record from
this system may be ://www.census.gov/naics/2007/def/ND5 l 711 O.HTM#N517110.
19 The NAICS Code associated with this size standard is 517110.
20 13 C.F.R. § 121.201, NAICS code 517110.
21 U.S. Census Bureau, 2002 Economic Census, Subject Series: Information, Table 4, Receipts Size of Firms for the
United States: 2002, NAICS code 517510 (issued November 2005).
22 Id. An additional 61 firms had annual receipts of$25 million or more.
23 47 C.F.R. § 76.90l(e). The Commission determined that this size standard equates approximately to a size
standard of$100 million or less in annual revenues. Implementation of Sections of the 1992 Cable Act: Rate
Regulation, Sixth Report and Order and Eleventh Order on Reconsideration, 10 FCC Red 7393, 7408 (1995).
24 These data are derived from: R.R. Bowker, Broadcasting & Cable Yearbook 2006, "Top 25 Cable/Satellite
Operators," pages A-8 & C-2 (data current as of June 30, 2005); Warren Communications News, Television &
Cable Factbook 2006, "Ownership of Cable Systems in the United States," pages D-1805 to D-1857.
25 47 C.F.R. § 76.90l(c).
26 Warren Connnunications News, Television & Cable Factbook 2006, ''U.S
e data are derived from: R.R. Bowker, Broadcasting & Cable Yearbook 2006, "Top 25 Cable/Satellite
Operators," pages A-8 & C-2 (data current as of June 30, 2005); Warren Communications News, Television &
Cable Factbook 2006, "Ownership of Cable Systems in the United States," pages D-1805 to D-1857.
25 47 C.F.R. § 76.90l(c).
26 Warren Connnunications News, Television & Cable Factbook 2006, ''U.S. Cable Systems by Subscriber Size,"
page F-2 {data cmrent as of Oct. 2005). The data do not include 718 systems for which classifying data were not
available.
27 See 13 C.F.R. 121.201, NAICS code 517110.
16715

Federal Communications Commission
FCC08-2SS
10.
Cable System Operators. The CornmWtications Act of 1934, as amended, also contains a
siz.e standard for small cable system operators, which is "a cable operator that, directly or through an
affiliate, serves in the aggregate fewer than 1 percent of all subscribers in the United States and is not
affiliated with any entity or entities whose gross annual revenues in the aggregate exceed
$250,000,000."28 The Commission has determined that an operator serving fewer than 677,000
subscribers shall be deemed a small operator, if its annual revenues, when combined with the total annual
revenues of all its affiliates, do not exceed $250 million in the aggregate29 Industry data indicate that, of
1,076 cable operators nationwide, all but ten are small Wtder this siz.e standard.30 We note that the
Commission neither requests nor collects information on whether cable system operators are affiliated
with entities whose gross annual revenues exceed $250 million,31 and therefore we are unable to estimate
more accurately the number of cable system operators that would qualify as small Wlder this size
standard.
11.
Cable Television Relay Service. This service includes transmitters generally used to relay
cable programming within cable television system distribution systems
rs are affiliated
with entities whose gross annual revenues exceed $250 million,31 and therefore we are unable to estimate
more accurately the number of cable system operators that would qualify as small Wlder this size
standard.
11.
Cable Television Relay Service. This service includes transmitters generally used to relay
cable programming within cable television system distribution systems. As noted, Wired
Telecommunications Carriers with fewer than 1500 employees are considered to be small, Wlder the
currently applicable SBA classification.32 The data presented were acquired when the applicable SBA
small business size standard was called Cable and Other Program Distribution, and which referred to all
such firms having $13.5 million or less in annual receipts.33 According to Census Bureau data for 2002,
there were a total of 1,191 firms in this category that operated for the entire year.34 Of this total, 1,087
firms had annual receipts of under $10 million, and 43 firms had receipts of $10 million or more but less
than $25 million. 35 Thus, under this size standard, the majority of finns can be considered small.
12.
Direct Broadcast Satellite ("DBS") Service. DBS service is a nationally distributed
subscription service that delivers video and audio programming via satellite to a small parabolic "dish"
antenna at the subscriber's location. DBS falls under the SBA definition of "Wireless
Telecommunications Carriers (except satellite)'', which establishes as a small DBS company any DBS
company which has less then 1500 employees.36 The data presented were acquired when the applicable
SBA small business siz.e standard was called Cable and Other Program Distribution, and which referred to
all such firms having $13.5 million or less in annual receipts.37 According to Census Bureau data for
28 47 U.S.C. § 543(mX2); see 41 C.F.R. § 76.90l(t) & nn. 1-3.
29 47 C.F.R
company any DBS
company which has less then 1500 employees.36 The data presented were acquired when the applicable
SBA small business siz.e standard was called Cable and Other Program Distribution, and which referred to
all such firms having $13.5 million or less in annual receipts.37 According to Census Bureau data for
28 47 U.S.C. § 543(mX2); see 41 C.F.R. § 76.90l(t) & nn. 1-3.
29 47 C.F.R. § 76.901(t); see Public Notice, FCC Announces New Subscn"ber Count/or the Definition of Small
Cable Operator, DA 01-158 (Cable Services Bureau, Jan. 24, 2001).
30 These data are derived from: R.R. Bowker, Broadcasting & Cable Yearbook 2006, "Top 25 Cable/Satellite
Operators," pages A-8 & C-2 (data current as of June 30, 2005); Warren Communications News, Television &
Cable Factbook 2006, "Ownership of Cable Systems in the United States," pages D-1805 to D-1857.
31 The Commission does receive such information on a case-by-case basis if a cable operator appeals a local
franchise authority's finding that the operator does not qualify as a small cable operator pursuant to§ 76.90I(t) of
the Commission's rules. See 47 C.F.R. § 76.909(b).
32 NAICS Code 517110.
33 13 C.F.R. § 121.201, NAICS code 517110.
34 U.S. Census Bureau, 2002 Economic Census, Subject Series: Information, Table 4, Receipts Size of Firms for the
United States: 2002, NAICS code 517510 (issued November 2005).
35 Id. An additional 61 firms had annual receipts of$25 million or more.
36 13 C.F.R. § 121.201, NAICS Code 517210.
37 13 C.F.R. § 121.201, NAICS code 517110.
16716
517110.
33 13 C.F.R. § 121.201, NAICS code 517110.
34 U.S. Census Bureau, 2002 Economic Census, Subject Series: Information, Table 4, Receipts Size of Firms for the
United States: 2002, NAICS code 517510 (issued November 2005).
35 Id. An additional 61 firms had annual receipts of$25 million or more.
36 13 C.F.R. § 121.201, NAICS Code 517210.
37 13 C.F.R. § 121.201, NAICS code 517110.
16716

Federal Communications Commission
FCC08-2SS
2002, there were a total of 1, 191 firms in this category that operated for the entire year. 38 Of this total,
1,087 firms had annual receipts of under $10 million, and 43 firms had receipts of $10 million or more
but less than $25 million. Currently, only four operators hold licenses to provide DBS service, which
requires a great investment of capital for operation. All four currently offer subscription services. Two of
these four DBS operators, DirecTV39 and EchoStar Communications Corporation ("EchoStar"),
40 report
annual revenues that are in excess of the threshold for a small business. A third operator, Rainbow DBS,
is a su

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FCC_FCC_08_255. Check the current official text before relying on it. Not legal advice.