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.
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" English 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.
-
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:
-
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) that is not exempt from the
closed captioning rules, 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 (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. There is no charge for
filing a complaint with the FCC. 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 your complaint using an on-line
complaint form found at
esupport.fcc.gov/complaints.htm. 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.
Note: On November 3, 2008, the
Commission adopted rules revising the procedures for filing closed
captioning complaints. These rules, however, will not take effect
until approved by the Office of Management and Budget. Therefore,
consumers must continue to follow the instructions for filing
complaints that are contained in this fact sheet until further
notice. Under the new rules, consumers will no longer be required
to file complaints with the video programming distributor.
Consumers will have 60 days from the date the captioned program
aired to file a complaint either with the distributor or the
Commission. If the complaint is filed with the Commission, the
Commission will forward it to the distributor. After receiving a
complaint, either directly from the consumer or from the
Commission, the distributor will have 30 days to respond to the
complaint. The Commission also adopted new rules requiring that
video programming distributors make specific contact information
available to consumers to assist consumers in contacting the
distributors about closed captioning concerns.
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. When you open the on-line complaint
form, you will be asked a series of questions that will take you
to the particular section of the form you need to complete. If
you do not use the on-line complaint form, your complaint, at a
minimum, should include the additional documents described above
and 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;
-
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.
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, 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.
For More Information
For more information about FCC
programs to promote access to telecommunications
services for people with disabilities, visit the FCC’s
Disability Rights Office Web site at
www.fcc.gov/cgb/dro. For information about other
telecommunications issues, visit the FCC’s Consumer &
Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC’s Consumer
Center using the information provided for filing a
complaint. |
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