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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
programming 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.
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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
that is not exempt from the closed captioning rules must be
captioned as follows:
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January 1, 2003, to December 31, 2007:
30 percent of programming per channel per quarter.
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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” and non-exempt programming, or
programming shown after January 1, 1998:
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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.
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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.
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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) that is not exempt from the
closed captioning rules, the following schedule applies:
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January 1, 2005, to December 31, 2011:
30 percent of programming per channel per quarter.
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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 (from 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, visit the FCC’s Web site at:
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’s 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 a Complaint
For captioning problems during non-emergency
programming, the FCC’s rules require that consumers first
complain in writing to their programming 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:
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the television channel number and call
sign or name (e.g., Channel 22 WZZZ, Channel 106 The Story
Channel);
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the date and time when you experienced
the captioning problem;
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the name of the program or show with
the captioning problem;
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a detailed description of the
captioning problem;
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a specific reference to the FCC’s
closed captioning rules (“47 CFR Part 79.1”);
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your name, street, city, state and zip
code, and other contact information such as a phone or TTY
number or e-mail 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 can send
your complaint to the FCC 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. You can file
a complaint with the FCC. There is no charge for filing a
complaint. You can file your complaint using the on-line
complaint Form 2000C found on the FCC Web site at
www.fcc.gov/cgb/complaints.html.
You can also file your complaint with the FCC’s Consumer Center
by e-mailing fccinfo@fcc.gov;
calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, S.W.
Washington, DC 20554.
What to Include In Your Complaint
The best way to provide all the information the FCC needs to
process your complaint is to complete fully the on-line
complaint Form 2000C and provide the additional documents
described above. If you do not use the on-line complaint Form
2000C, your complaint, at a minimum, should include these
additional documents and also indicate:
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your name, address, email address, and phone number where
you can be reached;
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whether you are filing a complaint on behalf of another
party, and, if so, the party’s name, address, email address, day
time phone number, and your relationship to the party;
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preferred format or method of response (letter, fax, voice
phone call, email, TRS, TTY, ASCII text, audio recording, or
Braille);
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that your complaint is about closed captioning;
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the name, address, and telephone number (if known) of the
company or companies involved with your complaint;
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the date and time or other details about timing of the lack
of closed captioning;
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television station call sign (WZUE), TV channel (13),
location (city and state), and name of program involved; and
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a brief description of your complaint and the resolution
you are seeking, and a full description of the equipment or
service you are complaining about, including date of purchase,
use, or attempt to use.
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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 percent 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
www.fcc.gov/cgb/dro/emergency_access.html, or view an
accessibility of emergency video programming fact sheet at
www.fcc.gov/cgb/consumerfacts/emergencyvideo.html.
Complaints Involving Lack of Access to Emergency Information
If you have a complaint alleging a
violation of the FCC’s access to emergency information
rules, you can file it with the FCC by any reasonable
means, including our on-line Complaint Form 2000C,
e-mail, fax, or mail to the addresses and numbers listed
above. You can 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.
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Federal Communications Commission
