Closed Captioning

Background

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

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

Different closed captioning schedules apply to new, pre-rule, and Spanish language programming.

"New" Programming

As of January 1, 2006, all “new” English language programming, defined as analog programming first published or exhibited on or after January 1, 1998, and digital programming first aired on or after July 1, 2002, must be captioned, with some exceptions.

"Pre-Rule" Programming

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

• January 1, 2003, to December 31, 2007: 30 percent of programming per channel per quarter.

• January 1, 2008, and thereafter: 75 percent of programming per channel per quarter.

Spanish Language Programming

Because captioning is fairly new to Spanish language program providers, the FCC allows them a longer time to provide captioned programming. All Spanish language programming that was first shown after January 1, 1998, must be captioned by 2010 with some exemptions. The following schedule applies to Spanish language “new” programming, or programming shown after January 1, 1998:

• January 1, 2004, to December 31, 2006: 900 hours of programming per channel per quarter or all of the new, non-exempt Spanish language programming on that channel, whichever is less.

• January 1, 2007, to December 31, 2009: 1350 hours of programming per channel per quarter or all of the new, non-exempt Spanish language programming on that channel, whichever is less.

• January 1, 2010, and thereafter: 100 percent of all programming, with some exceptions.

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

• January 1, 2005, to December 31, 2011: 30 percent of programming per channel per quarter.

• January 1, 2012, and thereafter: 75 percent of programming per channel per quarter.

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

Exempt Programming

There are two categories of exemptions from the closed captioning rules.

Self Implementing Exemptions

Self-implementing exemptions operate automatically and programmers do not need to petition the FCC. Examples include public service announcements that are shorter than 10 minutes and are not paid for with federal dollars, programming shown in the early morning hours (i.e., 2 a.m. to 6 a.m. local time), and programming that is primarily textual in nature. There is also an exemption for non-news programming with no repeat value that is locally produced by the video programming distributor.

To see a complete list of self-implementing exemptions, go to www.fcc.gov/cgb/dro/exemptions_from_cc_rules.html.

Exemptions Based on Undue Burden

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

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

Subtitles in Lieu of Captioning

The rules provide that open captioning or subtitles in the language of the target audience may be used in lieu of closed captioning.

Filing Closed Captioning Complaints

For captioning problems during non-emergency programming, the FCC’s rules require that consumers first complain in writing to their television distributor (i.e., your cable or satellite TV service, or the TV station if you do not pay for cable, satellite or another subscription video service).

The FCC rules establish specific time limits for filing closed captioning complaints. Your written complaint to the distributor should be sent before the end of the calendar quarter following the calendar quarter when the problem happened.

For example, if the problem occurred on May 3, 2006 (2nd quarter), your complaint must be filed by September 30, 2006 (end of 3rd quarter). The TV distributor must respond in writing to your complaint within the time period established in the FCC’s rules at 47 CFR Part 79.1(g)(3) -- that is, within about 45 days of receipt of your written complaint.

Your written complaint addressed to the video programming distributor must provide specific information about the closed captioning problem and should include:

• the television channel number and call sign or name (e.g., Channel 22 WZZZ, Channel 106 The Story Channel);

• the date and time when you experienced the captioning problem;

• the name of the program or show with the captioning problem;

• a detailed description of the captioning problem;

• a specific reference to the FCC’s closed captioning rules (“47 CFR Part 79.1”);

• your name, street, city, state and zip code, and other contact information such as a phone or TTY number or email address.

If the video programming distributor fails to respond to your written complaint or a dispute remains after the time allowed for the distributor to respond, you may send the complaint directly to the FCC by mail, fax, or email, as indicated below.

When forwarding your complaint to the FCC, you must send an original and two copies within 30 days of the deadline for the TV distributor to respond -- that is, within 30 days after the 45 day period in which the TV distributor should reply to your written complaint.

Your complaint to the FCC should include a signed letter from you showing that you first sent a written complaint and supporting facts or evidence to the video programming distributor. Also, you must mail a copy of the complaint and supporting evidence that you send to the FCC to the video programming distributor (to let the distributor know you have now complained to the FCC).

Supporting evidence may include videotapes, copies of schedules showing the CC logo for programming that was shown without closed captioning, or other material.

Mail your complaint to:

Federal Communications Commission
Consumer & Governmental Affairs Bureau (CGB)
445 12th Street, S.W.
Washington, DC 20554.

You may also fax your complaint to 202-418-0232, or email it to: fccinfo@fcc.gov.

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This fact sheet is for consumer education purposes only and is not
intended to affect any proceeding or cases involving this subject
matter or related issues.

07/06/06