tinitrd ~tatrs ~rnatr The Honorable Tom Wheeler Chairman WASHINGTON, DC 20510 December 6, 2013 Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Dear Chairman Wheeler: As authors of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CV AA), we are writing to express our support for the Federal Communications Commission (FCC) reconsidering its decision to exempt video clips from the IP closed captioning rules. On June 14, 2013, the Commission issued an order directing the Media Bureau to issue a Public Noti~e seeking information on the industry's progress in captioning IP delivered vide9 dip~:;·~e FCC's actions follow an April 27, 2012, petition for reconsideration filed by or-&anizations representing individuals who are deaf and hard of hearing, asking the Collllllisston to reconsider its decision regarding video clips. We support reconsiderat'ion and hope that upon review, the Commission reaches a decision that reflects the Congressional intent behind the law. When we wrote the CVAA, it was our intent that full- length programming that has been broadcast on television with captions after the efTective date of the Commission's rule be shown with captions when the programming is delivered using IP even if such programming is shown on the Internet in segments and even when some but not all segments are posted online. As we explained in our January 10, 2012, letter to the Commission, the references to the terms "full-length programming" and "video clips" in the CV AA's legislative history were intended to clarify that the CV AA does not apply to certain types of video programming already exempt from the Commission's television captioning rules, such as advertisements and promotional announcements. Upon exempting video clips from coverage under the CV AA last year, the Commission acknowledged that it may need to reconsider this exemption "if it finds that consumers who are deaf or hard of hearing are not getting access to critical areas of programming, such as news, because of the way the programming is posted." Unfortunately, recent findings reveal that this decision is already resulting in the denial of significant civic, educational and entertainment opportunities to millions of Americans with disabilities. The Honorable Tom Wheeler December 6, 2013 Page 2 of2 A May 16, 2013, report from the deaf and hard of hearing organizations on the state of IP-delivered video programming found that a substantial majority of video clips surveyed online were not closed captioned, including 77% of news video clips. These initial results conflict with the letter and spirit of the CV AA, which was intended to "ensure that individuals with disabilities are able to ... better access video programming." We hope that the FCC takes this opportunity to resolve this issue and ensure that millions of people who are deaf and hard of hearing are not shut out from important online programming. We commend the Commission's continued diligence and sustained efforts to implement this important law. Sincerely, M~~@-= Mark Pryor United States Senator ~~~a~r Edward J. Markey United States Senator