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                                                           Before the
               Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of:

Home Shopping Club L.P.

Petition for Partial Reconsideration or
Clarification
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CSR 5459



                  MEMORANDUM OPINION AND ORDER

   Adopted:  April 26, 2001                            Released:  April 27, 2001

By the Chief, Cable Services Bureau:

  1. In the above-captioned proceeding, HSN L.P. ("HSN") filed a petition for partial reconsideration or
  clarification of the Bureau's June 15, 2000 decision denying HSN's request for waiver of the
  Commission's closed captioning requirements.  HSN argues that it requires a reasonable amount of
  time to come into compliance with the Commission's rules, and submits that allowing it a year from the
  adoption of the Bureau's Order is appropriate. 
  2. In its initial petition, HSN claimed that closed captioning of the video programming it distributes
  constitutes an undue burden.  After considering the four statutory factors as required by Section 713(e)
  of the Communications Act of 1934, as amended ("the Act"), the Bureau found that HSN had not
  demonstrated that closed captioning requirements would constitute an undue burden.  The Bureau
  Order noted the Commission's finding that the spoken dialog in programs that use graphics and text to
  sell products or services such as HSN's adds information that would be lost to consumers with hearing
  disabilities.  The Bureau Order noted that on two previous occasions, the Commission rejected
  requests to exempt shop-at-home programming such as HSN's from the closed captioning rules.  
  3. HSN maintains that it requires sufficient time to install equipment and train personnel to ensure that its
  closed captioning is as accurate as possible.  Given the finding on several occasions that closed
  captioning of HSN's programming will convey important information that is otherwise unavailable to
  consumers with hearing disabilities, and the finding that providing closed captioning for such
  programming does not constitute an undue burden, we find that HSN should commence closed
  captioning within 30 days.  We expect HSN to report to the Commission on the status of its closed
  captioning. 
  4. Accordingly, IT IS ORDERED that the petition for partial reconsideration or clarification filed by
  HSN L.P. IS DENIED to the extent indicated above.
  5. IT IS FURTHER ORDERED that HSN L.P. SHALL COMMENCE COMPLIANCE with Section
  79.1 of the Commission's rules within thirty (30) days.
  6. IT IS FURTHER ORDERED that HSN L.P. SHALL FILE A REPORT detailing the progress of its
  efforts to achieve compliance with Section 79.1 of the Commission's rules within sixty (60) days.
  7. This action is taken pursuant to delegated authority by Section 0.321 of the Commission's rules.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Deborah A. Lathen
                              Chief, Cable Services Bureau