*Pages 1--4 from Microsoft Word - 34678* PUBLIC NOTICE Federal Communications Commission 445 12 th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 DA- 04- 2 January 6, 2004 NOTICE TO VIDEO PROGRAMMING DISTRIBUTORS AND THE PUBLIC OF THE JANUARY 1, 2004, REQUIREMENTS FOR THE CLOSED CAPTIONING OF NEW NONEXEMPT ENGLISH AND SPANISH LANGUAGE VIDEO PROGRAMMING AND REMINDER REGARDING OTHER CAPTIONING REQUIREMENTS This Public Notice is to remind video programming distributors 1 and the public of upcoming closed captioning benchmarks for new English and Spanish language nonexempt video programming. First, with regard to new nonexempt English language programming, between January 1, 2004, and December 31, 2005, a video programming distributor shall provide at least 1350 hours of captioned video programming or all of its new nonexempt video programming must be provided with captions, whichever is less. 2 These hours are measured on a per channel, per calendar quarter basis. 3 The Commission’s closed captioning benchmarks apply to both analog new programming (i. e., video programming that was first published or exhibited on or after January 1, 1998), 4 and digital new video programming. Digital new programming is video programming prepared or formatted for display on digital televisions that was first published or exhibited on or after July 1, 2002. 5 This upcoming benchmark is the last before the final benchmark of January 1, 2006, when 100% of all new nonexempt programming must be captioned. 6 Second, with regard to pre- rule nonexempt English video programming, we note that as of January 1, 2003, 30% of such programming must be captioned. 7 Furthermore, as of January 1, 2008, and thereafter, 75% of the programming distributor’s pre- rule nonexempt video programming being distributed and 1 See 47 C. F. R. § 79. 1( a)( 2). 2 See 47 C. F. R. § 79. 1( b)( 1)( iii). 3 See 47 C. F. R. § 79.1( b)( 1). 4 See 47 C. F. R. § 79. 1( a)( 5). 5 See 47 C. F. R. § 79. 1( a)( 6)( ii); Closed Captioning Requirements for Digital Television Receivers: Closed Captioning and Video Description of Video Programming, Implementation of Section 305 of the Telecommunications Act of 1996, Video Programming Accessibility, Report and Order, ET Docket No. 99- 254, MM Docket No. 95- 176, FCC 00- 259, 15 FCC Rcd 16788 (2000) (Digital Closed Captioning Order) (See Summary of Requirements, setting forth applicable compliance dates). 6 See 47 C. F. R. § 79. 1( b)( 1)( iv). 7 See 47 C. F. R. § 79. 1( b)( 2)( i). 1 2 exhibited on each channel during each calendar quarter must be provided with closed captioning. 8 Analog pre- rule programming is video programming that was first published or exhibited before January 1, 1998. 9 Digital pre- rule programming is video programming first published or exhibited before July 1, 2002. 10 Third, with regard to new nonexempt Spanish language programming, between January 1, 2004, and December 31, 2006, 900 hours of such programming must be closed captioned per channel per quarter, an increase from 450 hours, 11 leading to the final benchmark of 100% of new nonexempt Spanish language programming starting January 1, 2010. 12 Lastly, the first benchmark for pre- rule nonexempt Spanish language programming is January 1, 2005, after which 30% of the programming distributor’s pre- rule nonexempt Spanish language video programming being distributed and exhibited on each channel during each calendar quarter must be provided with closed captioning. 13 Beginning January 1, 2012, and thereafter, 75% of the programming distributor’s pre- rule nonexempt Spanish language video programming must be provided with closed captioning. 14 As a further reminder, we note that the closed captioning requirements noted above are separate from video programming distributors’ obligations to make emergency information accessible to persons with hearing and vision disabilities, as described in 47 C. F. R. 79.2 of our rules. 15 The provisions of 47 C. F. R. 79.2 apply to all video programming distributors. 16 For more information on this topic see the Commission’s most recent Public Notice dated July 18, 2003 which can be found at http:// hraunfoss. fcc. gov/ edocs_ public/ attachmatch/ DA- 03- 2361A1. doc or see the FCC’s Factsheet at http:// www. fcc. gov/ cgb/ consumerfacts/ emergencyvideo. html. All closed captioning benchmarks and rules were established to ensure that video programming is accessible to persons who are deaf or hard of hearing in accordance with the mandate of Congress as set forth in Section 713 of the Telecommunications Act of 1996. 17 To view the FCC’s Factsheet summarizing all of the Commission’s closed captioning rules and benchmarks go to http:// www. fcc. gov/ cgb/ consumerfacts/ closedcaption. html. 8 See 47 C. F. R. § 79. 1( b)( 2)( ii). 9 See 47 C. F. R. § 79. 1( a)( 6)( i). 10 See 47 C. F. R. § 79. 1( a)( 6)( ii); See generally Digital Closed Captioning Order, 15 FCC Rcd 16788 (2000) (See Summary of Requirements, setting forth applicable compliance dates). 11 See 47 C. F. R. § 79. 1( b)( 3)( i). 12 See 47 C. F. R. § 79. 1( b)( 3)( ii- iv). 13 See 47 C. F. R. § 79. 1( b)( 4)( i). 14 See 47 C. F. R. § 79. 1( b)( 4)( ii). 15 See 47 C. F. R. § 79.2. 16 Id. 17 See Pub. L. 104- 104, 110 Stat 56 (1996); 47 U. S. C. § 613. 2 3 The full texts of these documents are available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12 th Street, SW, Room CY- A257, Washington, DC 20554. This Public Notice can also be downloaded in Text and ASCII formats at http:// www. fcc. gov/ cgb/ dro. These documents may be purchased from the Commission’s duplicating contractor, Qualex International, Portals II, 445 12 th Street, SW, Room CY- B402, Washington, DC 20554, (202) 863- 2893 (voice), (202) 863- 2898 (fax), (202) 863- 2897 (TTY), or via e- mail qualexint@ aol. com. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e- mail to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau at (202) 418- 0531 (voice), (202) 418- 7365 (TTY). Consumer & Governmental Affairs Bureau Contact: Traci Randolph, (202) 418- 0569 (voice); (202) 418- 0537 (TTY); traci. randolph@ fcc. gov. Media Bureau Contact: Sonia Greenaway- Mickle, (202) 418- 1419 (voice); (202) 418- 7172 (TTY); sonia. greenaway@ fcc. gov. 3 4 -FCC- 4