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 12-1923 Released: November 30, 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. 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). On July 19, 2012, the Commission adopted a Report and Order revising all references to “undue burden” in Part 79.1 of its Rules (47 C.F.R. §79.1) to “economically burdensome.” Interpretation of Economically Burdensome Standard, Report and Order, 27 FCC Rcd 8831 (2012). The Report and Order, which can be found at http://transition.fcc.gov/cgb/dro/caption.html, was published in the Federal Register on August 13, 2012. See 77 FR 48102. Accordingly, this proceeding will use the “economically burdensome” terminology. * 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. ATTACHMENT A . Case Identifier Petitioner/Program Name Address CGB-CC-0203 First Baptist Church of Fort Smith, Arkansas / Hope From Above PO Box 609 Fort Smith, AR 72902 CGB-CC-0287 Paul Gray / Exploring Alaska 35555 Spur Highway, #232 Soldotna, AK 99669 CGB-CC-0572 The Justice Foundation / Faces Of Abortion 7210 Louis Pasteur Drive, Suite 200 San Antonio, TX 78229 CGB-CC-0923 Five & Dime Productions / You’ve Got To Be Kidding Me, America 2405 Porter Street, S.W. Wyoming, MI 49519 CGB-CC-1019 Iglesia de Cristo MI-EL Longmont 1602 9th Avenue Longmont, CO 80501 CGB-CC-1032 C & G Productions, LLC. / DC Contigo 936 North Kenmore Street Arlington, VA 22201 CGB-CC-1170 Sheffield Entertainment Television / Gracie’s Friends 1800 Eastwood Road #130 Wilmington, NC 28403 CGB-CC-1240 Watch Fatboy Films / Industry Chaos 817 Henry Street Portsmouth, VA 23704 CGB-CC-1243 Leon Charney Media Foundation Inc. / Leon Charney Report 1441 Broadway, 31F New York, NY 10016 CGB-CC-1252 Springfield Community Church / Living Word of Faith 615 Transmitter Road Panama City, FL 32401 CGB-CC-1253 Sharing Faith Ministries / Your Sunday Worship PO Box 714 Walled Lake, MI 48390 CGB-CC-1256 Ocala First United Methodist Church / Sunday Morning Service 40 South East 11th Avenue Ocala, FL 34471 -FCC-