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 Federal  Communications  Commission  DA  01-  1086 
 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”)  1  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.  2  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.  3  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.  4  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.  5 


 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 


 1  Home  Shopping  Club,  L.  P.,  filed  the  initial  petition  in  this  proceeding.  Petitioner  has  since  changed  its  name 
 to  HSN  L.  P. 
 2  Home  Shopping  Club,  L.  P.,  Memorandum  Opinion  and  Order,  15  FCC  Rcd  10790  (2000)  (“  Bureau  Order”). 


 3  47  U.  S.  C.  §  613(  e).  The  factors  the  Commission  is  required  to  consider  include:  (a)  the  nature  and  cost  of  the 
 closed  captions  for  the  programming;  (b)  the  impact  on  the  operation  of  the  provider  or  program  owner;  (c)  the 
 financial  resources  of  the  provider  or  program  owner;  and  (d)  the  type  of  operations  of  the  provider  or  program 
 owner. 


 4  Bureau  Order  at  10794. 


 5  Id. 
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 Federal  Communications  Commission  DA  01-  1086 
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 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 


 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.  7 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Deborah  A.  Lathen 
 Chief,  Cable  Services  Bureau 


 6  47  C.  F.  R.  §  79.1. 
 7  47  C.  F.  R.  §  0.321. 
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