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 14-1487   
Released October 14, 2014
NOTICE OF ELECTRONIC FILING PROCEDURES 
FOR CLOSED CAPTIONING EXEMPTION REQUESTS 
FOR VIDEO PROGRAMMING DELIVERED USING INTERNET PROTOCOL (IP)
CG Docket No. 13-318
By this Notice, the Federal Communications Commission’s (FCC’s or Commission’s) Consumer 
and Governmental Affairs Bureau (CGB or Bureau), by delegated authority, announces electronic filing 
procedures for petitions for exemption from the Commission’s closed captioning requirements for video 
programming delivered using Internet protocol (IP).
1
  On January 12, 2012, the Commission released the 
IP Closed Captioning Order adopting rules that require, among other things, that all individual closed 
captioning exemption petitions for IP-delivered video programming, all comments and oppositions 
responsive to such petitions, and all replies to comments or oppositions to such petitions be filed 
electronically.
2
  The electronic filing procedures set forth below and established pursuant to the IP Closed 
Captioning Order, will take effect thirty (30) days from the date of publication in the Federal Register of 
this Public Notice.
3
   
Exemption Petitions.  The Commission’s IP closed captioning rules state that a video 
programming, provider, or owner may petition the Commission for a full or partial exemption from the 
                                                     
1
Closed Captioning of Internet Protocol-Delivered Video Programming:  Implementation of the Twenty-First 
Century Communications and Video Accessibility Act of 2010, MB Docket No. 11-154, Report and Order, 27 FCC 
Rcd 787, 828, ¶ 66 (2012) (IP Closed Captioning Order) (delegating to the Chief, CGB, authority to establish by 
Public Notice the electronic filing procedures for individual exemption requests); Closed Captioning of Internet 
Protocol-Delivered Video Programming: Implementation of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, MB Docket No. 11-154, Order on Reconsideration and Further Notice of Proposed 
Rulemaking, 28 FCC Rcd 8785 (2013); Closed Captioning of Internet Protocol-Delivered Video Programming:  
Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, MB Docket No. 
11-154, Second Order on Reconsideration and Second Further Notice of Proposed Rulemaking, 29 FCC Rcd 8687 
(2014); see also 47 C.F.R. § 0.401(a)(1)(iii) (electronic filings, where permitted, must be transmitted as specified by 
the Commission or relevant Bureau or Office). 
2
IP Closed Captioning Order, 27 FCC Rcd at 828, ¶ 66. The requirement to submit electronic filings is codified in 
the Commission’s rules at 47 C.F.R. §§ 79.4(d)(4) (requiring electronic filings of petitions and responsive pleadings)
and 47 C.F.R. §79.4(f)(6) (stating that any interested person may electronically file comments or oppositions to the 
petition).     
3
The Office of Management and Budget approval for electronic filing of petitions for exemption under the 
captioning rules (OMB control number 3060-1162), was granted on July 24, 2012. The IP closed captioning rules
subject to that approval, including those governing the filing of exemption petitions, became effective on August 6, 
2012. Notice of Effective Date of IP Closed Captioning Rules Requiring OMB Approval, Public Notice, 27 FCC Rcd 
9118 (2012)
2closed captioning requirements for IP-delivered video programming.
4
  In addition, because the IP closed 
captioning rules use the same definition for both video programming distributors and video programming 
providers, video programming distributors also are permitted to petition the Commission for a captioning 
exemption.
5
  A petition for exemption by any of these entities must provide sufficient evidence to 
demonstrate that compliance with the closed captioning requirements would be economically burdensome 
to the petitioner (i.e., impose a “significant difficulty or expense”), as determined by the Commission.
6
  
The facts and information provided in a petition for exemption must be supported by an affidavit
7
and 
address the following four factors for the Commission’s consideration:
8
? The nature and cost of the closed captions for the programming;
9
? The impact on the operation of the video programming provider or owner; 
? The financial resources of the video programming provider or owner; and 
? The type of operations of the video programming provider or owner.
In order to file a petition for exemption from the IP closed captioning rules electronically, the 
petitioner must send the petition, together with documentation supporting such a petition, via e-mail to 
captioningexemption@fcc.gov.
10
  Upon receipt of a petition, the Commission will send an 
                                                     
4
47 C.F.R. § 79.4(d)(1).  Such an option is available because the IP closed captioning rules define a “[v]ideo 
programming distributor or video programming provider” as “[a]ny person or entity that makes available directly to 
the end user video programming through a distribution method that uses Internet protocol.”  47 C.F.R. §79.4(a)(3). 
5
See 47 C.F.R. §79.4(a)(3).  
6
47 C.F.R. § 79.4(d)(2).
7
47 C.F.R. § 79.4(d)(9).
8
47 C.F.R. § 79.4(d)(2).  The Commission uses these same factors to determine whether an economic burden exists 
for entities seeking an exemption from the Commission’s rules governing the provision of closed captions on 
television.  47 C.F.R. § 79.1(f)(2).  The petitioner also may describe for the Commission’s consideration any other 
factors the petitioner deems relevant to the Commission’s final determination, including available alternatives that 
might constitute a reasonable substitute for closed captioning.  47 C.F.R. § 79.4(d)(3).  The Commission’s website 
contains a comprehensive list of information and supporting documentation needed to make an economic burden
showing at http://transition.fcc.gov/cgb/dro/information-for-filing-petition-exempt-internet-closed-captioning.pdf.  
See also Anglers for Christ Ministries, Inc., New Beginning Ministries, Petitioners Identified in Appendix A, 
Interpretation of Economically Burdensome Standard; Amendment of Section 79.1(f) of the Commission’s Rules; 
Video Programming Accessibility, CG Docket Nos. 06-181 and 11-175, Memorandum Opinion and Order, Order, 
and Notice of Proposed Rulemaking,  26 FCC Rcd 14941,14955-57, ¶¶ 28, 29 (2011).  The Commission conducts a 
case-by-case review of each petition and makes individual determinations on the extent to which providing 
captioning would be economically burdensome for each petitioner based on information provided in the petition, 
any supplemental information and documentation provided by the petitioner, and any comments or oppositions 
received.  47 C.F.R. § 79.4(d)(3).  During the pendency of an economic burden determination, the video 
programming subject to the request for exemption is exempt from the captioning requirements.  47 C.F.R. § 
79.4(d)(11).
9
Where video programming providers or distributors subject to the IP closed captioning rules display or render 
captions, such as through a video player or application that they provide to consumers, they must implement certain 
functional requirements (e.g., font style, color, and size), unless doing so is economically burdensome.  See 47 
C.F.R. § 79.103(c) and accompanying Note.  In the case of a petition for exemption from these caption display 
requirements, the Commission may consider the costs associated with implementing those requirements.
10
Petitions must be filed electronically by e-mail and may not be filed via ECFS. At this time, the Commission’s e-
mail system does not accept attachments in the form of .ZIP files or file sizes larger than 13.3 megabytes.  If a 
petitioner has concerns that its file size will exceed this limitation, it may contact Commission staff listed at the end 
of this Notice. 
3acknowledgement to the petitioner by e-mail.  The Commission will also assign a case identifier number 
(for example, “CGB-CC-2345”) to the petition.  This case identifier number and the reference to “CG 
Docket No. 13-318” must be included on all correspondence with the Commission regarding the petition, 
including any supplemental information to support the petition and subsequent pleadings in response to 
comments on or oppositions to the petition.  
Once the petitioner provides the required information and documentation to the Commission, the 
petition will be placed on public notice, pursuant to the Commission’s rules, to permit interested parties to 
file comments on or oppositions to the petition.
11
The Commission will make the petition, as well as any 
supporting information and documentation provided, available for public inspection in the Commission’s 
Reference Information Center and through the Commission’s Electronic Comment Filing System (ECFS) 
at http://apps.fcc.gov/ecfs/.
12
  As such, petitioners are encouraged not to include personally sensitive
information in their petitions, such as social security numbers, bank account and routing numbers, and 
other similarly sensitive information.  If a petitioner nevertheless includes such sensitive information in 
its filing, it must redact (remove or conceal with black ink) such information from its submission.  Unless 
otherwise directed by the petitioner, anything in the body of the petitioner’s e-mail will not be considered 
as part of the petition; rather only the attachments will be considered as part of the petition and posted on 
ECFS. If the petitioner wishes to also include content contained in the body of the e-mail as part of the 
petition, which will be posted on ECFS, it should state so in the e-mail.
Confidential Treatment.  A petitioner may request confidential treatment of any information 
contained in or submitted in support of its petition.
13
A petitioner seeking such treatment for any such 
information must submit, via e-mail to captioningexemption@fcc.gov, a written request for confidential 
treatment and two versions of the petition:  (1) a confidential version that contains the complete, 
unredacted submission; and (2) a public version that redacts any claimed confidential information. A 
request for confidential treatment may not be filed via ECFS. The request must comply with the 
requirements of Section 0.459 of the Commission’s rules, including: (a) identification of the specific 
information submitted for which confidential treatment is sought; (b) a statement of the reasons for 
withholding those materials from public inspection; and (c) an explanation of how public disclosure of the 
information could result in substantial competitive harm.
14
The request must show by a preponderance of 
the evidence that nondisclosure is consistent with the provisions of the Freedom of Information Act
15
  
Mere conclusory or generalized allegations cannot support a request for nondisclosure.
16
  In light of the 
Commission’s desire for openness in its exemption petition review processes, if the Bureau determines 
that members of the public should have access to portions of a filing that the petitioner asserts are 
confidential, it may allow such access pursuant to a protective order. To help achieve such openness
                                                     
11
47 C.F.R. §§ 79.4(d)(5), (6).
12
Because petitions and any supporting information and documentation provided by e-mail to 
captioningexemption@fcc.gov will be uploaded to ECFS by the Commission, petitioners must follow the ECFS 
document format guidelines available at http://apps.fcc.gov/ecfs/userManual/upload/documents.jsp when submitting 
petitions and any supporting information and documentation via e-mail.  
13
See 47 C.F.R. § 0.459.
14
See, e.g., 47 C.F.R. §§ 0.459(b)(1), (3), (5).
15
See 47 C.F.R. § 0.459(d)(1)(2); see also 5 U.S.C. § 552(b)(4) (stating that the government need not disclose “trade 
secrets and commercial or financial information obtained from a person [that is] privileged or confidential”).
16
See National Exchange Carrier Ass’n, Inc., et al., Request for Confidential Treatment of Certain Financial 
Information, Memorandum Opinion and Order, 5 FCC Rcd 7184, ¶ 3 (1990) (quoting National Parks and 
Conservation Ass’n v. Kleppe, 547 F.2d 673, 680 (D.C. Cir. 1976)).
4where a petitioner has sought confidentiality of certain information submitted in support of its petition,
the petitioner should, to the extent possible, include in its petition the non-sensitive supporting 
information contained in the confidential materials so that members of the public may review, consider,
and comment on the petition.
Comments and Oppositions.  Comments on and oppositions to a petition are due within 30 days 
from the date of the public notice.
17
  Parties who file comments on or oppositions to a petition must 
include a certification that the petitioner was served by delivering or mailing a copy to the last known 
address of the petitioner, its attorney, or its agent, or by sending a copy to the e-mail address last provided 
by the petitioner, its attorney, or its agent.
18
Comments on or oppositions to a petition must be filed 
electronically via ECFS at http://apps.fcc.gov/ecfs/upload/begin?filedFrom=E.
19
  Comments or 
oppositions filed via ECFS must include “13-318” as the “Proceeding Number” on the ECFS form.  In 
addition, filers must enter the four-digit case identifier number (e.g., “CC-2345”) as the “File Number” on 
the ECFS form.
20
  If a filer wishes to file an identical set of comments or oppositions via ECFS on 
multiple petitions that have been assigned more than one case identifier number, the comments or 
oppositions must be filed separately for each petition/case identifier number.  In such a case, a different 
case identifier number will have to be entered as the “File Number” for each separate filing (e.g., “CC-
2345” entered as the File Number for the first filing and “CC-2346” entered as the File Number for the 
second filing and so on, even if the comments or oppositions being filed are identical to the first filing).  
Multiple case identifier numbers may not be entered as one “File Number.”  
Replies.  Any reply filed by a petitioner to the comments or oppositions in the record is due 20 
days after the comment deadline.
21
  Replies to comments or oppositions must include a certification that 
the commenting or opposing party was served by delivering or mailing a copy to the last known address 
of the party, its attorney, or its agent, or by sending a copy to the e-mail address last provided by the 
party, its attorney, or its agent.
22
  Replies to comments on or oppositions to a petition must be filed 
electronically via ECFS at http://apps.fcc.gov/ecfs/upload/begin?filedFrom=E.
23
  Replies must include 
“13-318” as the “Proceeding Number” and the four-digit case identifier number (e.g., “CC-2345”) as the 
“File Number” in this proceeding.
24
  If a filer wishes to file an identical set of replies via ECFS on 
multiple petitions that have been assigned more than one case identifier number, the replies must be filed 
separately for each petition/case identifier number.  In this case, a different case identifier number will 
have to be entered as the “File Number” for each separate filing (e.g., “CC-2345” entered as the File 
Number for the first filing and “CC-2346” entered as the File Number for the second filing and so on, 
                                                     
17
47 C.F.R. § 79.4(d)(6).
18
47 C.F.R. § 79.4(d)(7).
19
  The “ECFS Express” form at http://apps.fcc.gov/ecfs/hotdocket/list cannot be used for the filing of comments or 
oppositions.  If the submission is sent to the Commission only by e-mail, the Commission will upload the 
submission to ECFS.
20
As noted above, the petition will be assigned a case identifier number when the petition is filed, for example, 
“CGB-CC-2345.”
21
47 C.F.R. § 79.4(d)(6).
22
47 C.F.R. § 79.4(d)(7).
23
The “ECFS Express” form at http://apps.fcc.gov/ecfs/hotdocket/list cannot be used for this purpose.  If the 
submission is sent to the Commission only by e-mail, the Commission will upload the submission to ECFS.  
24
As noted above, a petition will be assigned a case identifier number when the petition is filed, for example, “CGB-
CC-2345.”
5even if the replies being filed are identical to the first filing).  Multiple case identifier numbers may not be 
entered as one “File Number.”
Accessible Formats:  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) or 202-418-0432 (TTY).  This 
Public Notice can also be downloaded in Word and Portable Document Format (PDF) at
http://www.fcc.gov/encyclopedia/economically-burdensome-exemption-closed-captioning-requirements-
video-programming-deli.  
For Further Information Contact:  Caitlin Vogus, Consumer and Governmental Affairs Bureau, 
Disability Rights Office, 202-418-1264, Caitlin.Vogus@fcc.gov; or Suzy Rosen Singleton, Consumer and 
Governmental Affairs Bureau, Disability Rights Office, 202-510-9446, Suzanne.Singleton@fcc.gov; or 
e-mail captioningexemption@fcc.gov.  
-FCC-