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 12-1447 Released: September 6, 2012 REQUEST FOR COMMENT REQUEST 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, pursuant to Section 79.1 of the Commission’s rules, 47 C.F.R. § 79.1, for the television programs they produce.1 Petitioners claim that compliance would impose an “undue economic burden,” as defined in Section 79.1(f) of the Commission’s rules, 47 C.F.R. § 79.1(f).2 Comments and oppositions are due within 30 days from the date of this public notice. The case identifier must be placed on all filings. Comments and oppositions sent via e-mail to the Commission will be considered informal and are not part of the official record. Filing Instructions An original and two (2) copies of all comments, oppositions, and replies must be filed with the Commission. 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, Attn: CGB Room 3-B431. 1 The names of the Petitioners are set forth in Attachment A. 2 Prior to the enactment of the Twenty-First Century Communications and Video Accessibility Act, Pub. L. No. 111-260, 124 Stat. 2751 (2010), (CVAA) in October 2010, petitioners seeking individual exemptions from the closed captioning requirements sought “undue burden” exemptions. Although the CVAA replaced the “undue burden” terminology with the term “economically burdensome,” (47 U.S.C. § 613(d) as amended by Sec. 202(c) of the CVAA), in light of the CVAA’s legislative history, the Commission adopted an Interim Order continuing to use the undue burden factors contained in Section 713(e) of the Act in evaluating petitions for individual captioning waivers. For a fuller discussion of this and related issues, see Anglers for Christ Ministries, Inc., Memorandum Opinion and Order, Order, and Notice of Proposed Rulemaking, CG Docket Nos. 06-181 and 11-175, 26 FCC Rcd 14941 at 14960, ¶36 (2011)(“Anglers Reversal MO&O”), which can be found at http://transition.fcc.gov/cgb/dro/caption.html. Accordingly, this proceeding will use the “economically burdensome” terminology and the four undue burden factors contained in section 713(e) in evaluating petitions. 2* Hand-delivered or messenger-delivered paper filings must be delivered to: Marlene H. Dortch, Secretary, Federal Communications Commission, Office of the Secretary, 445 12th Street, SW, Room TW-A325, Washington, DC 20554. 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 courier mail (other than U.S. Postal Service, Express Mail and Priority Mail) must be sent to: Office of the Secretary, Federal Communications Commission, Attention: Disability Rights Office, Room 3-B431, 9300 East Hampton Drive, Capitol Heights, MD 20743. * U.S. Postal Service mail (including first-class, Express, and Priority Mail) should be addressed to: Office of the Secretary, Federal Communications Commission, Attention: Disability Rights Office, Room 3-B431, 445 12th Street, SW, Washington, DC 20554. All comments and oppositions must be served on the petitioner. In addition, comments and oppositions filed must indicate that they have been served on the petitioner. An original and two (2) copies of the petitioner’s reply to the comments in the record are due 20 days after the comment deadline. Electronic filing is not available at this time. In addition, replies to comments or oppositions 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 or signed under penalty of perjury, of any facts or considerations relied on. The petitions, comments, oppositions and replies will be available for public inspection in the Commission’s Reference Information Center: 445 12th Street, S.W. Washington, D.C. 20554 202-418-7094 The petitions, public notice, and decisions (when issued) can also be found at http://www.fcc.gov/encyclopedia/economically-burdensome-exemption-closed-captioning-requirements. 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 202-418-0530 (voice), 202-418-0432 (TTY). This Public Notice can also be downloaded in Word and Portable Document Format at http://www.fcc.gov/encyclopedia/economically-burdensome-exemption-closed- captioning-requirements. Consumer & Governmental Affairs Bureau Contact: Roger Holberg (202) 418-2134 (voice); e-mail roger.holberg@fcc.gov or Traci Randolph (202) 418-0569 (voice), (202) 418-0537 (TTY); e-mail traci.randolph@fcc.gov. 3ATTACHMENT A . Case Identifier Petitioner/Program Name Address CGB-CC-0137 Abundant Faith Christian Center / Faith For Today 2525 Taylor Avenue Springfield, IL 62703 CGB-CC-0201 Edgewood Baptist Church 3564 Forrest Road Columbus, GS 31907 CGB-CC-0218 Lima Baptist Temple c/o Huffman, Kelley, Brock & Gottschalk, LLC Attn: T. Blain Brock, II 540 West Market Street Lima, OH 45801 CGB-CC-0239 First United Methodist Church / Ten O’clock Worship Service 903 East Fourth Street Panama City, FL 32401 CGB-CC-0275 Diocese of Lakes Charles / Glad Tidings 411 Iris Street Lake Charles, LA 70601 CGB-CC-0478 Off Beat Productions / Off Beat Cinema Lipsitz Green Scime Cambria, LLP Attn: Barry Nelson Covert, Esq. 42 Delaware Avenue, Suite 120 Buffalo, NY 14202-3924 CGB-CC-0521 Victorious Ministries International / Inside Victory, Man Up & Conversations 4613 York Road Baltimore, MD 21212 CGB-CC-0639 Outdoorsmen Productions, LLC 405 N. Broadway, Box 354 Hartington, NE 68739-0354 CGB-CC-0709 The Congregation of God Seventh Day / Watch America 2751 S. Main Street Kennesaw, GA 30244 CGB-CC-0743 Grace Baptist Church / The Miracle of Grace 7171 Oak Ridge Highway Knoxville, TN 37931 CGB-CC-0799 Gospel Broadcasting Network Drinker Biddle & Reath Attn: Lee G. Petro 1500 K Street, N.W., Suite 1100 Washington, DC 20005-1209 CGB-CC-1226 SJTV LLC d/b/a CNY’s Open House 349 Oriskany Boulevard Whitesboro, NY 13492 -FCC-