DA 12-514
DA 12-514
Released: April 2, 2012
NOTICE OF NEED TO FILE UPDATED INFORMATION WITH RESPECT TO PENDING PETITIONS FOR EXEMPTION FROM COMMISSION’S CLOSED CAPTIONING RULES WHICH WERE FILED PRIOR TO OCTOBER 2010
CG Docket No. 06-181
This Public Notice alerts certain entities that filed petitions for exemption from the Federal Communications Commission’s (FCC’s or Commission’s) closed captioning rules before October 8, 2010, of the need to either (1) affirm that the information provided in their previously submitted petition is still accurate and up-to-date, (2) update previously submitted petitions with the information indicated below, or (3) withdraw their previously submitted petitions. Previously submitted petitions will be dismissed on July 5, 2012, without prejudice to filing a new petition for exemption, if not affirmed, updated, or withdrawn as set forth in this Public Notice.
Background
In 1996, Congress added section 713 to the Communications Act (Act), setting forth requirements for closed captioning of video programming to ensure access by persons with hearing disabilities to television programming,[1] and directing the Commission to prescribe rules to carry out this mandate.[2] In 1997, the Commission adopted such rules, establishing implementation schedules for closed captioning that became effective on January 1, 1998.[3] These rules allowed video programming providers, producers or owners to obtain an exemption from the closed captioning requirements if they could prove that providing captions would result in an undue burden.[4] In determining whether an entity would experience an undue burden, the Commission considered four factors: (1) the nature and cost of the closed captions for the programming; (2) the impact on the operation of the provider or program owner; (3) the financial resources of the provider or program owner; and (4) the type of operations of the provider or program owner.
On October 8, 2010, Congress enacted the Twenty-First Century Communications and Video Accessibility Act (CVAA), which replaced the “undue burden” terminology with the term “economically burdensome.”[5] In October 2011, the Commission adopted an Interim Order directing the continued use of the original undue burden factors in evaluating petitions for individual captioning waivers under the new economically burdensome standard, based on guidance contained in the CVAA’s legislative history.[6] Under section 713(d)(3) of the Act and the Commission’s rules, therefore, providers, owners, or producers of video programming may obtain an exemption from the closed captioning rules when they can show that these requirements would be economically burdensome.[7]
From October 2005 through August 2006, the Commission received approximately 600 petitions for individual closed captioning exemptions under section 713(d)(3). In 2006, the Commission’s Consumer and Governmental Affairs Bureau (Bureau) granted two of these petitions in the Anglers Order[8] and during the weeks that followed, granted an additional 303 petitions in reliance on the reasoning of that Order. In 2006, the FCC received an Application for Review that challenged the exemptions granted in and those that relied on the Anglers Order.[9] On October 20, 2011, the FCC granted the Application for Review, and in the Anglers Reversal MO&O reversed these exemptions.[10] That MO&O also set forth guidance on the information and documentation that closed captioning petitions should contain, along with standards that the Bureau should use to determine when a closed captioning exemption is warranted.
At issue in this Public Notice are the unresolved petitions for exemption that are not subject to the Anglers Reversal MO&O,[11] and that were filed before passage of the CVAA on October 8, 2010.[12] Although some of these petitions were previously placed on public notice,[13] no decision to grant or to deny was ever made regarding these petitions. The Bureau is now ready to apply the standards contained in the Anglers Reversal MO&O to resolve the claims for an exemption by these petitioners. However, we realize that considerable time has passed since many of these petitions were first filed, and that various circumstances including, but not limited to, the financial status of the petitioners and the cost of captioning, may have changed.
Accordingly, in order to ensure that information provided in each petition is current and accurate, we require each petitioner whose petition is listed in this Public Notice, to do one of the following by July 5, 2012: (1) file an affirmation with the FCC that its previously submitted petition and supporting information is accurate and up-to-date; (2) file updated information in accordance with the factors listed below to support its claim that captioning its program(s) would be economically burdensome; or (3) withdraw its previously submitted petition.
Any petitioner listed in this Public Notice that does not take one of the steps listed above by July 5, 2012 will have its pending petition dismissed without prejudice on July 5, 2012. A petitioner that wishes to request a closed captioning exemption in the future may file a new petition in accordance with the factors listed below to support its claim that captioning its program would be economically burdensome. In order to ensure that all petitioners subject to this Public Notice are aware of this Public Notice, we will send a copy of this Public Notice,[14] along with instructions on filing updated information, by certified mail, return receipt requested to each petitioner at its last known address within 10 business days of release of this Public Notice.
Updating Previously Submitted Petitions
A petitioner that is interested in continuing to request a closed captioning exemption for its programming must include up-to-date evidence, supported by affidavit (i.e., a written sworn statement made under oath), demonstrating that it would be economically burdensome to provide closed captioning on the specific programming for which an exemption is sought. Specifically, each petition should contain current and detailed documentation, in accordance with the original factors outlined in section 713(e) of the Act and 79.1(f) of Commission’s rules, to support a claim that providing closed captions would be economically burdensome (would result in a “significant difficulty or expense”) as defined by the following criteria: (1) the nature and cost of the closed captions for the programming; (2) the impact on the operation of the provider or program owner; (3) the financial resources of the provider or program owner; and (4) the type of operations of the provider or program owner.
In order to make the above showing that providing captioning would be economically burdensome, each petitioner must:
· provide documentation of its financial status sufficient to demonstrate its inability to afford closed captioning – for example, profit and loss statements or bank statement information. (This documentation should not just include the resources devoted to or the costs associated with the television program(s) at issue);
· provide information about the costs of captioning the specific program for which the exemption is sought;
· verify that it has sought closed captioning assistance (e.g., funding, services) from its video programming distributor and note the extent to which such assistance has been provided or rejected;
· verify that it has sought additional sponsorship sources or other sources of revenue for captioning, and show that, even if these efforts have not successfully produced assistance, it does not otherwise have the means to provide captioning for its programming; and
· provide information on the type of its operation(s) and the impact that providing captions would have on its programming activities, for example, the extent to which its programming might not be shown if it is required to provide captions.
In addition, each petitioner may describe other factors that it deems relevant to an exemption determination, as well as any alternatives that could be a reasonable substitute for the closed captioning requirements. Each petition should also contain a specific list of names of the program(s) for which the petitioner is seeking an exemption. Finally, as noted above, each petition must be supported by an affidavit attesting under oath to the truthfulness of the information contained in the petition. Failure to support an exemption request with adequate explanation and evidence to make these showings, supported by an affidavit, will result in dismissal of the request.
Each updated petition that provides sufficient information will be placed on public notice to allow the public to comment on the merits of the petition.[15] After giving the public an opportunity to submit comments, the Bureau will conduct an individual review of each petition to determine the extent to which providing captioning would be economically burdensome for the petitioner, based on information provided in the petition and any comments received, and will issue an order either granting or denying the petition.
To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). This Public Notice can also be downloaded at http://www.fcc.gov/encyclopedia/economically-burdensome-exemption-closed-captioning-requirements.
Consumer & Governmental Affairs Bureau Contact: Traci Randolph (202) 418-0569 (voice), (202) 418-0537 (TTY); e-mail: .
-FCC-
APPENDIX
Unresolved Petitions for Individual Closed Captioning Exemptions
Case IdentifierCSR / Petitioner / Program Name / Mailing Address
5979 / Complete Video Productions / “The American Outdoorsman” / Schlagel, Damore & Gordon, LLC
Attn: Melissa C. Carpani
201 E. Loula, P.O. Box 10
Olathe, KS 66051-0010
Re: Complete Video Productions
6930 / Rural Heritage / “Rural Heritage” / Rural Heritage
281 Dean Ridge Lane
Gainesboro, TN 38562-5039
Case Identifier
CGB-CC- / Petitioner / Program Name / Mailing Address
0002 / Paul Ott Carruth & Carla Carruth Tigner / “Listen to the Eagle” / Paul Ott Carruth & Carla Carruth Tigner
Box 219
Summit, MS 39666
0003 / Annabelle Productions / “Cal-Hi Sports Bay Area” / Annabelle Productions, Inc.
6017 Ostenberg Dr.
San Jose, CA 95120
0011 / Frank Leto / Frank Leto
5200 Summit Ridge Dr. # 4312
Reno, NV 89523
0012 / S&B Productions / “Reno’s Backstage Pass” / S & B Productions
3417 Ridgecrest Dr.
Reno, NV 89512
0013 / MDR Consulting / “MDR Television” / MDR Consulting
13410 Preston Rd., Suite 1395
Dallas, TX 75240
0014 / Quebedeaux Pontiac-GMC / Quebedeaux Pontiac-GMC
4251 East 5th St.
Tucson, AZ 85711
0016 / Bubba Newman Productions / “The House Detective” / Bubba Newman Productions
3690 Grant Dr., Suite C
Reno, NV 89509
0017 / Crisp & Cole Productions / “Crisp & Cole Connection” / Crisp & Cole Productions
5650 District Blvd., Suite #103
Bakersfield, CA 93313
0019 / Wrestle, Inc. / “Wrestle Birmingham” / Michael Trucks
Trucks & Trucks
4505 Gary Ave.
Fairfield, AL 35064
0021 / V Labar Productions / “Live Action Wrestling” / V Labar Productions
110 Patrick Court, Suite A
Rocky Mount, NC 27804
0022 / National Television Education Foundation, Inc., / “We are Tomorrow… R-U?” / National Television Education Foundation, Inc.
P.O. Box 752022
Memphis, TN 38175
0024 / Jerry Bryant / “JBTV” / Robinson Curley & Clayton, P.C.
300 South Wacker Dr., Suite 1700
Chicago, IL 60606
Re: Gerald Bryant/JBTV
0026 / Communica-tions Unlimited / “Lawyers, Guns, and Money” / Communications Unlimited
10148 Indian Ridge Drive
Reno, NV 89511
0027 / Parenting Today / “Parenting Today” / Parenting Today Television Show
10940 S. W. Barnes Rd. #369
Portland, OR 97225
0029 / Bob Asbury / “Columbia Country” / Bob Asbury
23245 E Settler Dr.
Liberty Lake, WA 99019
0032 / Harvest Life Changers Church / Harvest Life Changers Church
14401 Telegraph Road
Woodbridge, Virginia 22192
0035 / Caribou Productions / “The Caribou Show” / Caribou Productions
P.O. Box 91316
Sioux Falls, SD 57107
0037 / Ultimate Combat Experience / “Ultimate Combat Experience” / Ultimate Combat Experience
4095 West 4715 South
Salt Lake City, UT 84118
0040 / Greater Fellowship Ministries / “Destiny Through the Word” / Greater Fellowship Ministries
1523 Bowman Road, Suite E
Little Rock, AR 72212
0044 / Joy Ministries / “Joy in the Morning / Joy Ministries
P.O. Box 65036
Virginia Beach, VA 23467
0047 / KJLA / Barry Friedman
Thompson Hine, LLP
1920 N St, N.W.
Washington, D.C. 20036
Re: KJLA
0048 / Florida Knowledge Network / Florida Knowledge Network
Florida Department of Education
Suite B1-14
325 West Gaines St.
Tallahassee, FL 32399-0400
0049 / Engle Broadcasting / Engle Broadcasting
P.O. Box 288
Cedar Brook, NJ 08018
0050 / Bob Robbins Outdoors / “Bob Robbins Outdoors” / Bob Robbins Outdoors
10800 Colonel Glenn Rd.
Little Rock, AR 72204
0053 / The Alabama Conservation and Natural Resources Foundation / “Outdoor Alabama” / The Alabama Conservation and
Natural Resource Foundation
64 Union St, Suite 449
Montgomery, AL 36104
0054 / TJA Advertising/ 3Way Chevrolet / TJA Advertising
75 Zaca Lane, Suite 110
San Luis Obispo, CA 93401
0061 / Sam Shad Productions / “Nevada Newsmakers Show” / Sam Shad Productions
P.O. Box 10853
Reno, NV 89510
0062 / A&S Media, LLC / “The Remax Showcase of Homes” / A&S Media, LLC
1119 E. Clinton Ave.
Huntsville, AL 35801
0064 / Maricopa Community Colleges Television / Maricopa Community Colleges TV
Scottsdale Community College
9000 B. Chapparal Road
Scottsdale, Arizona 85256-2626
0071 / The Catholic Mass- St. Petersburg, FL / “The Catholic Mass” / DiVito & Higham, P.A.
4514 Central Avenue
St. Petersburg, FL 33711-1041
Re: The Catholic Mass
0073 / Dyson Media Group / Dyson Media Group
8330 West Sahara Ave.
Las Vegas, NV 89117
0074 / Global Media Marketing, Inc / Global Media Marketing, Inc.
1032 W. Taft Ave.
Orange, CA 92865
0079 / Eastern Outdoors TV / Eastern Outdoors TV
2505 Washington Blvd., Suite H
Belpre, OH 45714
0084 / TDS Management Group, Inc / “Focus on Diversity with Troy Shaw” / TDS Management Group, Inc.
6737 W. Washington St., Ste. 2223
West Allis, WI 53214
0087 / The Garden Party Network / “The Garden Guru Show” / The Garden Party Network
9401 Shellabarger Rd.
Bakersfield, CA 93312
0088 / The Leadership Group, Newsmakers Productions, Inc / “Pennsylvania Newsmakers” / The Leadership Group
Newsmakers Productions, Inc.
6300 Smithfield St.
Boston, PA 15135
0091 / HuntFish-Cook / HuntFishCook
2221 Lytle Street
Huntsville, AL 35801
0095 / Arrow Group Realty Development Inc. d/b/a Coldwell Banker America West / Arrow Group Realty Development Inc. d/b/a Coldwell Banker America West
1820 Westwind Drive
Bakersfield, CA 93301
0101 / TCB Café Publishing & Media LLC / TCB Café Publishing & Media LLC