Goto Section: 79.3 | 79.100 | Table of Contents
FCC 79.4
Revised as of October 1, 2013
Goto Year:2012 |
2014
§ 79.4 Closed captioning of video programming delivered using Internet
protocol.
(a) Definitions. For purposes of this section the following definitions
shall apply:
(1) Video programming. Programming provided by, or generally considered
comparable to programming provided by, a television broadcast station,
but not including consumer-generated media.
(2) Full-length video programming. Video programming that appears on
television and is distributed to end users, substantially in its
entirety, via Internet protocol, excluding video clips or outtakes.
(3) Video programming distributor or video programming provider. Any
person or entity that makes available directly to the end user video
programming through a distribution method that uses Internet protocol.
(4) Video programming owner. Any person or entity that either:
(i) Licenses the video programming to a video programming distributor
or provider that makes the video programming available directly to the
end user through a distribution method that uses Internet protocol; or
(ii) Acts as the video programming distributor or provider, and also
possesses the right to license the video programming to a video
programming distributor or provider that makes the video programming
available directly to the end user through a distribution method that
uses Internet protocol.
(5) Internet protocol. Includes Transmission Control Protocol and a
successor protocol or technology to Internet protocol.
(6) Closed captioning. The visual display of the audio portion of video
programming pursuant to the technical specifications set forth in this
part.
(7) Live programming. Video programming that is shown on television
substantially simultaneously with its performance.
(8) Near-live programming. Video programming that is performed and
recorded less than 24 hours prior to the time it was first aired on
television.
(9) Prerecorded programming. Video programming that is not "live" or
"near-live."
(10) Edited for Internet distribution. Video programming for which the
television version is substantially edited prior to its Internet
distribution.
(11) Consumer-generated media. Content created and made available by
consumers to online Web sites and services on the Internet, including
video, audio, and multimedia content.
(12) Video clips. Excerpts of full-length video programming.
(13) Outtakes. Content that is not used in an edited version of video
programming shown on television.
(14) Nonexempt programming. Video programming that is not exempted
under paragraph (d) of this section and, accordingly, is subject to
closed captioning requirements set forth in this section.
(b) Requirements for closed captioning of Internet protocol-delivered
video programming. All nonexempt full-length video programming
delivered using Internet protocol must be provided with closed captions
if the programming is published or exhibited on television in the
United States with captions on or after the following dates:
(1) September 30, 2012, for all prerecorded programming that is not
edited for Internet distribution, unless it is subject to paragraph
(b)(4) of this section.
(2) March 30, 2013, for all live and near-live programming, unless it
is subject to paragraph (b)(4) of this section.
(3) September 30, 2013, for all prerecorded programming that is edited
for Internet distribution, unless it is subject to paragraph (b)(4) of
this section.
(4) All programming that is already in the video programming
distributor's or provider's library before it is shown on television
with captions must be captioned within 45 days after the date it is
shown on television with captions on or after March 30, 2014 and before
March 30, 2015. Such programming must be captioned within 30 days after
the date it is shown on television with captions on or after March 30,
2015 and before March 30, 2016. Such programming must be captioned
within 15 days after the date it is shown on television with captions
on or after March 30, 2016.
(c) Obligations of video programming owners, distributors and providers
--(1) Obligations of video programming owners. Each video programming
owner must:
(i) Send program files to video programming distributors and providers
with captions as required by this section, with at least the same
quality as the television captions provided for the same programming.
If a video programming owner provides captions to a video programming
distributor or provider using the Society of Motion Picture and
Television Engineers Timed Text format (SMPTE ST 2052-1:2010,
incorporated by reference, see § 79.100), then the VPO has fulfilled
its obligation to deliver captions to the video programming distributor
or provider in an acceptable format. A video programming owner and a
video programming distributor or provider may agree upon an alternative
technical format for the delivery of captions to the video programming
distributor or provider.
(ii) With each video programming distributor and provider that such
owner licenses to distribute video programming directly to the end user
through a distribution method that uses Internet protocol, agree upon a
mechanism to inform such distributors and providers on an ongoing basis
whether video programming is subject to the requirements of this
section.
(2) Obligations of video programming distributors and providers. Each
video programming distributor and provider must:
(i) Enable the rendering or pass through of all required captions to
the end user, maintaining the quality of the captions provided by the
video programming owner and transmitting captions in a format
reasonably designed to reach the end user in that quality. A video
programming distributor or provider that provides applications,
plug-ins, or devices in order to deliver video programming must comply
with the requirements of § 79.103(c) and (d).
(ii) With each video programming owner from which such distributor or
provider licenses video programming for distribution directly to the
end user through a distribution method that uses Internet protocol,
agree upon a mechanism to inform such distributor or provider on an
ongoing basis whether video programming is subject to the requirements
of this section, and make a good faith effort to identify video
programming subject to the requirements of this section using the
agreed upon mechanism. A video programming distributor or provider may
rely in good faith on a certification by a video programming owner that
the video programming need not be captioned if:
(A) The certification includes a clear and concise explanation of why
captioning is not required; and
(B) The video programming distributor or provider is able to produce
the certification to the Commission in the event of a complaint.
(iii) Make contact information available to end users for the receipt
and handling of written closed captioning complaints alleging
violations of this section. The contact information required for
written complaints shall include the name of a person with primary
responsibility for Internet protocol captioning issues and who can
ensure compliance with these rules. In addition, this contact
information shall include the person's title or office, telephone
number, fax number, postal mailing address, and email address. Video
programming distributors and providers shall keep this information
current and update it within 10 business days of any change.
(3) A video programming provider's or owner's de minimis failure to
comply with this section shall not be treated as a violation of the
requirements.
(d) Procedures for exemptions based on economic burden. (1) A video
programming provider or owner may petition the Commission for a full or
partial exemption from the closed captioning requirements of this
section, which the Commission may grant upon a finding that the
requirements would be economically burdensome.
(2) The petitioner must support a petition for exemption with
sufficient evidence to demonstrate that compliance with the
requirements for closed captioning of video programming delivered via
Internet protocol would be economically burdensome. The term
"economically burdensome" means imposing significant difficulty or
expense. The Commission will consider the following factors when
determining whether the requirements for closed captioning of Internet
protocol-delivered video programming would be economically burdensome:
(i) The nature and cost of the closed captions for the programming;
(ii) The impact on the operation of the video programming provider or
owner;
(iii) The financial resources of the video programming provider or
owner; and
(iv) The type of operations of the video programming provider or owner.
(3) In addition to these factors, the petitioner must describe any
other factors it deems relevant to the Commission's final determination
and any available alternatives that might constitute a reasonable
substitute for the closed captioning requirements of this section
including, but not limited to, text or graphic display of the content
of the audio portion of the programming. The Commission will evaluate
economic burden with regard to the individual outlet.
(4) The petitioner must electronically file its petition for exemption,
and all subsequent pleadings related to the petition, in accordance
with § 0.401(a)(1)(iii) of this chapter.
(5) The Commission will place the petition on public notice.
(6) Any interested person may electronically file comments or
oppositions to the petition within 30 days after release of the public
notice of the petition. Within 20 days after the close of the period
for filing comments or oppositions, the petitioner may reply to any
comments or oppositions filed.
(7) Persons who file comments or oppositions to the petition must serve
the petitioner with copies of those comments or oppositions and must
include a certification that the petitioner was served with a copy. Any
petitioner filing a reply to comments or oppositions must serve the
commenting or opposing party with a copy of the reply and shall include
a certification that the party was served with a copy. Comments or
oppositions and replies shall be served upon a party, its attorney, or
its other duly constituted agent by delivering or mailing a copy to the
party's last known address in accordance with § 1.47 of this chapter
or by sending a copy to the email address last provided by the party,
its attorney, or other duly constituted agent.
(8) Upon a finding of good cause, the Commission may lengthen or
shorten any comment period and waive or establish other procedural
requirements.
(9) Persons filing petitions and responsive pleadings must include a
detailed, full showing, supported by affidavit, of any facts or
considerations relied on.
(10) The Commission may deny or approve, in whole or in part, a
petition for an economic burden exemption from the closed captioning
requirements of this section.
(11) During the pendency of an economic burden determination, the
Commission will consider the video programming subject to the request
for exemption as exempt from the requirements of this section.
(e) Complaint procedures. (1) Complaints concerning an alleged
violation of the closed captioning requirements of this section shall
be filed in writing with the Commission or with the video programming
distributor or provider responsible for enabling the rendering or pass
through of the closed captions for the video programming within sixty
(60) days after the date the complainant experienced a problem with
captioning. A complaint filed with the Commission must be directed to
the Consumer and Governmental Affairs Bureau and submitted through the
Commission's online informal complaint filing system, U.S. Mail,
overnight delivery, or facsimile.
(2) A complaint should include the following information:
(i) The name, postal address, and other contact information of the
complainant, such as telephone number or email address;
(ii) The name and postal address, Web site, or email address of the
video programming distributor, provider, and/or owner against which the
complaint is alleged, and information sufficient to identify the video
programming involved;
(iii) Information sufficient to identify the software or device used to
view the program;
(iv) A statement of facts sufficient to show that the video programming
distributor, provider, and/or owner has violated or is violating the
Commission's rules, and the date and time of the alleged violation;
(v) The specific relief or satisfaction sought by the complainant; and
(vi) The complainant's preferred format or method of response to the
complaint (such as letter, facsimile transmission, telephone
(voice/TRS/TTY), email, or some other method that would best
accommodate the complainant).
(3) If a complaint is filed first with the Commission, the Commission
will forward complaints satisfying the above requirements to the named
video programming distributor, provider, and/or owner, as well as to
any other video programming distributor, provider, and/or owner that
Commission staff determines may be involved. The video programming
distributor, provider, and/or owner must respond in writing to the
Commission and the complainant within 30 days after receipt of the
complaint from the Commission.
(4) If a complaint is filed first with the video programming
distributor or provider, the video programming distributor or provider
must respond in writing to the complainant within thirty (30) days
after receipt of a closed captioning complaint. If a video programming
distributor or provider fails to respond to the complainant within
thirty (30) days, or the response does not satisfy the consumer, the
complainant may file the complaint with the Commission within thirty
(30) days after the time allotted for the video programming distributor
or provider to respond. If a consumer re-files the complaint with the
Commission (after filing with the distributor or provider) and the
complaint satisfies the above requirements, the Commission will forward
the complaint to the named video programming distributor or provider,
as well as to any other video programming distributor, provider, and/or
owner that Commission staff determines may be involved. The video
programming distributor, provider, and/or owner must then respond in
writing to the Commission and the complainant within 30 days after
receipt of the complaint from the Commission.
(5) In response to a complaint, video programming distributors,
providers, and/or owners shall file with the Commission sufficient
records and documentation to prove that the responding entity was (and
remains) in compliance with the Commission's rules. Conclusory or
insufficiently supported assertions of compliance will not carry a
video programming distributor's, provider's, or owner's burden of
proof. If the responding entity admits that it was not or is not in
compliance with the Commission's rules, it shall file with the
Commission sufficient records and documentation to explain the reasons
for its noncompliance, show what remedial steps it has taken or will
take, and show why such steps have been or will be sufficient to
remediate the problem.
(6) The Commission will review all relevant information provided by the
complainant and the subject video programming distributors, providers,
and/or owners, as well as any additional information the Commission
deems relevant from its files or public sources. The Commission may
request additional information from any relevant entities when, in the
estimation of Commission staff, such information is needed to
investigate the complaint or adjudicate potential violation(s) of
Commission rules. When the Commission requests additional information,
parties to which such requests are addressed must provide the requested
information in the manner and within the time period the Commission
specifies.
(7) If the Commission finds that a video programming distributor,
provider, or owner has violated the closed captioning requirements of
this section, it may employ the full range of sanctions and remedies
available under the Communications Act of 1934, as amended, against any
or all of the violators.
(f) Private rights of action prohibited. Nothing in this section shall
be construed to authorize any private right of action to enforce any
requirement of this section. The Commission shall have exclusive
jurisdiction with respect to any complaint under this section.
[ 77 FR 19515 , Mar. 30, 2012]
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Goto Section: 79.3 | 79.100
Goto Year: 2012 |
2014
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