PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 08-1715 Released: July 23, 2008 CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU ACTION REQUESTS FOR EXEMPTION FROM COMMISSION’S CLOSED CAPTIONING RULES CG Docket No. 06-181 Several entities have filed petitions for exemption from the closed captioning requirements, found in section 79.1 of the Commission’s rules, 47 C.F.R. § 79.1, for the television programs they produce.1 Each of these petitioners claims that compliance with the closed captioning requirements would impose an undue burden on them, as defined in section 79.1(f) of the Commission’s rules. Comments on and oppositions to these petitions are due 30 days from the date of this public notice. Replies to these comments and oppositions are due 20 days after the comments/oppositions deadline. See 47 C.F.R. § 1.4 for particulars regarding filing deadlines. Ex Parte Presentations. Unless otherwise provided, requests for waiver of the Commission’s rules are subject to treatment by the Commission as restricted proceedings for ex parte purposes under section 1.1208 of the Commission’s Rules, 47 C.F.R. § 1.1208. Because of the policy implications and potential impact of the collective proceedings in CG Docket No. 06-181 on persons not necessarily party to each individual petition for exemption, we have found that it is in the public interest to treat CG Docket No. 06-181 as a permit-but-disclose proceeding under the Commission’s ex parte rules. See 47 C.F.R. §§ 1.1200(a) and 1.1206; Consumer and Governmental Affairs Bureau Action: Extension of Comment Period on Petitions for Exemption from Commission’s Closed Captioning Rules; Ex Parte Treatment of Filings In Docket, CG Docket No. 06-181, Public Notice, 21 FCC Rcd 13487, 13488 (CGB 2006). All ex parte filings and contacts associated with these petitions for exemption shall comport with the Commission’s rules for permit-but-disclose proceedings. See id. Therefore, ex parte presentations will be permitted but must be disclosed in accordance with the requirements of section 1.1206(b) of the Commission’s Rules, 47 C.F.R. § 1.1206(b). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented generally is required. See id. Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission’s rules. Filing Instructions - Any filing related to these petitions must reference CG Docket No. 06-181, as well as the relevant case identifier, located in column 1. 1 The names of the Petitioners are set forth in Attachment A. 2 Comments, oppositions, replies, and ex parte letters may be filed electronically through the Commission’s Electronic Comment Filing System (ECFS) at http://gullfoss2.fcc.gov/prod/ecfs/upload_v2.cgi. Key 06-181 in box 1 labeled “Proceeding”; click on “comment,” “opposition,” “reply,” or “letter,” as appropriate, in box 12 labeled “Document Type”; and key the four numerical digits of the relevant case identifier in box 13 labeled “File Number.” Be sure to follow all other directions on the page. If filing paper copies, an original and two (2) copies of all comments, oppositions, and replies must be filed with the Commission. Parties making ex parte presentations must comply with section 1.1206 of the Commission’s rules. Filings can be sent by hand or messenger delivery, commercial overnight courier, or by first class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission, Attention: CGB Room 3-B431. * The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. * Commercial overnight mail (other than U.S. Postal Service, Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. * U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW, Washington, DC 20554. All comments and oppositions must be served on the relevant petitioners at their respective addresses, and include a certification that they have been served on the relevant petitioner. For petitioners who wish to reply to comments or oppositions, replies are due 20 days after the comments/oppositions deadline, and must be filed in accordance with the above filing instructions. In addition, each reply shall be served on the commenting or opposing party and shall include a certification that the commenter was served with a copy. All comments, oppositions, and replies must contain a detailed, full showing, supported by affidavit, of any facts or considerations relied upon. The petitions are available for public inspection at the Commission’s Reference Information Center: 445 12th Street, S.W. Washington, D.C. 20554 202-418-0270 The petitions, comments, oppositions, replies, and ex parte presentations can be found through ECFS at http://gullfoss2.fcc.gov/prod/ecfs/comsrch_v2.cgi. To access them, key 06-181 in box 1 labeled “Proceeding” and the four numerical digits of the relevant case identifier in box 10 labeled “File Number/Community,” and click on the Retrieve Document List button at the bottom. This Public Notice can be found through ECFS (keying 06-181 in box 1 and clicking on the Retrieve Document List button), or at http://www.fcc.gov/cgb/dro/caption_exemptions.html. 3 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 and Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). Consumer and Governmental Affairs Bureau Contact: Michael Jacobs (202) 418-2859 (voice), (202) 418-8233 (TTY); e-mail Michael.Jacobs@fcc.gov. 4 Attachment A . Case Identifier Petitioner/Program Name Address CGB-CC-0793 World Missions Today, Inc. / “Influence Living” 1053 Knights Bridge Circle Davenport, FL 33896 CGB-CC-0794 Greater Level Full Gospel Baptist Church / “Increased Living” 502 Tulane Drive Wilmington, NC 28403 CGB-CC-0795 Central Seventh-Day Adventist Church d/b/a Media Group Ministries / “Yours for the Asking” PO Box 360597 Columbus, OH 43236 CGB-CC-0796 Revelation International Ministries / “Revelation International” 5160-B Beamon Road Norfolk, VA 23513 CGB-CC-0797 Mercury Film and Television / “Your One Stop Flooring Solution” and “Charles Townsend Tells All” 73-241 Highway 111, Suite 3-F Palm Desert, CA 92260 CGB-CC-0798 The McGarry Group LLC / “Live Your Legacy!” 8210 Jacobs Ridge Lane Cumming, GA 30028 CGB-CC-0799 Gospel Broadcasting Network PO Box 23604 Chattanooga, TN 37422 CGB-CC-0800 Classifieds On-The-Air Advertising & Production / “At Your Request” Daniel F. Royal, Attorney at Law 9065 South Pecos Road, Suite 240 Henderson, NV 89074 CGB-CC-0801 Polkavideos / “The Polkas Are On” PO Box 413 Ringle, WI 54471 CGB-CC-0802 C.A.R.E. Productions / “Al Dia TV Talk Show” 4341 Woodtree Lane Orlando, FL 32835 CGB-CC-0803 First Baptist Church of Memphis 200 E. Parkway N. Memphis, TN 38112 CGB-CC-0804 Mac Kelly Productions, LLC / “Wolfman Mac’s Nightmare Sinema” 27500 Donald Warren, MI 48092 CGB-CC-0805 Midwest Sports Clash, LLC / “Midwest Sports Clash” 181 University Street Ferndale, MI 48220 CGB-CC-0806 CliffDweller Productions d/b/a HomeBuilders’ Gallery Television / “Good For You” 3971 Southern Boulevard, SE Suite 101 Rio Rancho, NM 87124 CGB-CC-0807 Pine Street Church of God / “Higher Dimensions Through Praise and Worship” 1303 Leader Street Douglas, GA 31533 CGB-CC-0808 The Facts & Figures/ Citywatch Group 24325 Crenshaw Boulevard Suite 251 Torrance, CA 90505 CGB-CC-0809 Fourth Degree Knights of Columbus / “TV Mass For Shut- ins” PO Box 3662 Quincy, IL 62305 CGB-CC-0810 First Baptist Church of Rio Hondo / “The Rio Hondo Baptist Program” Box 279 Rio Hondo, TX 78583 CGB-CC-0811 Jan Holley Advertising Productions, Inc. 2701 West Terrace Drive Augusta, GA 30909 5 CGB-CC-0812 Peanut Pictures LLC / “Playing for Peanuts 155 Prospect Avenue Valhalla, NY 10595 CGB-CC-0813 Bill Molls Adventures LLC / “The Modern Day Mountain Man” 2010 Long Lake Lane Comstock, WI 54826 CGB-CC-0814 Dove Song Ministries / “One-On-One” 100 Collins Crest Cedar Bluff, VA 24609 CGB-CC-0815 Sandy Bottom Outdoor Productions / “Real Life Outdoors” Route 2, Box 677 Arlington, GA 39813 CGB-CC-0816 Swamp City Productions / “What the Stuff – Outdoor Adventure”, “The Life for Me”, “Sunday Stays & Getaways” 440 Sawgrass Corporate Parkway, Suite 102 Sunrise, FL 33325 CGB-CC-0817 MGK Productions d/b/a Focus Outdoors 3333 Division Street #119 St. Cloud, MN 56301 CGB-CC-0818 The Marcus Institute 1920 Briarcliff Road Atlanta, GA 30329 CGB-CC-0819 Freedom Baptist Church / “The Voice of Freedom” 234 Snow Hill Street Ayden, NC 28513 CGB-CC-0820 Archery Adventures, LLC / “Accept the Challenge” 589 Morgan Copeland Road Hamilton, GA 31811 -FCC-