|
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.
|
Benefits of Closed Captioning
Closed captioning provides a critical
link to news, entertainment, and information for
individuals who are deaf or hard-of-hearing. For
individuals whose native language is not English, English
language captions improve comprehension and fluency.
Captions also help improve literacy skills. You can turn
on closed captions through your remote control or
on-screen menu. The FCC does not regulate captioning of
home videos, DVDs, or video games. |
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.
|
Access to Emergency Information
Although not a closed captioning
rule, the FCC requires that video programming distributors
that provide emergency information do so in a format that
is accessible to people who are deaf, hard of hearing,
blind, or have low vision. Emergency information is
information that helps to protect life, health, safety, or
property. Examples include hazardous weather or dangerous
situations such as the discharge of hazardous material,
power failures, or civil disorders.
Emergency information that is
provided in the audio portion of the programming must be
provided using closed captioning or other methods of
visual presentation, such as open captioning, crawls, or
scrolls that appear on the screen. Emergency information
must not block any closed captioning, and closed
captioning must not block any emergency information. The
information provided visually must include critical
details regarding the emergency and how to respond.
Note: Effective January 1, 2006, most television
broadcast stations located in the top 25 television
markets must close caption their emergency information and
breaking news reports, rather than making the information
"visually accessible."
This same requirement to close
caption emergency information applies to non-broadcast
networks (e.g., cable and satellite) that serve at least
50% of all homes subscribing to television service, as
well as to distributors that did not use the electronic
newsroom technique for creating captions prior to January
1, 2006.
Distributors that are permitted to
count electronic newsroom technique to create their
captions may continue to use open captioning, crawls,
scrolls or other visual means to convey the emergency
information to viewers rather than use closed captioning.
Electronic newsroom technique uses the station's news
script computers to generate the closed captioning that
appears on the television screen. Only text transmitted
from the scripting computers to the teleprompters is
captioned. Unscripted material, such as breaking news,
live reports from the field, and some weather and sports
reports, which do not appear on the teleprompter, are not
typically captioned by the electronic newsroom technique.
Pursuant to the closed captioning rules, television
stations in smaller markets (as described above) are
permitted to use electronic newsroom technique to create
closed captions for live programming.
For more information on access to
emergency information, go to
http://www.fcc.gov/cgb/dro/emergency_info_regs.html or view an
accessibility of emergency video programming fact sheet at
www.fcc.gov/cgb/consumerfacts/emergencyvideo.html.
Complaints Involving Lack of Access to Emergency Information
If you have a complaint alleging a
violation of the FCC’s access to emergency information
rules, you may send it to the FCC by any reasonable means,
including mail, fax, email, or the Internet. You may also
submit your complaint in an alternate format
audio-cassette recording, Braille, or by phone at:
1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY.
Your complaint should include the
name of the video programming distributor, the TV channel
name and number, the date and time of the omission of
access to emergency information, the type of emergency,
and your contact information. With such specific
information, the FCC can notify the video programming
distributor of the complaint, and the distributor must
reply to the FCC within 30 days.
|
|
