§ 79.103   Closed caption decoder requirements for apparatus.

   (a) Effective January 1, 2014, all digital apparatus designed to
   receive or play back video programming transmitted simultaneously with
   sound, if such apparatus is manufactured in the United States or
   imported for use in the United States and uses a picture screen of any
   size must be equipped with built-in closed caption decoder circuitry or
   capability designed to display closed-captioned video programming
   pursuant to the provisions of this section, if technically feasible,
   except that apparatus that use a picture screen less than 13 inches in
   size must comply with the provisions of this section only if doing so
   is achievable as defined in this section.

   Note 1 to paragraph (a): Apparatus includes the physical device and the
   video player(s) capable of displaying video programming transmitted
   simultaneously with sound that manufacturers install into the devices
   they manufacture before sale, whether in the form of hardware,
   software, or a combination of both, as well as any video players
   capable of displaying video programming transmitted simultaneously with
   sound that manufacturers direct consumers to install after sale.

   Note 2 to paragraph (a): This paragraph places no restrictions on the
   importing, shipping, or sale of apparatus that were manufactured before
   January 1, 2014.

   (b) Exempt apparatus—(1) Display-only monitors. Apparatus or class of
   apparatus that are display-only video monitors with no playback
   capability are not required to comply with the provisions of this
   section.

   (2) Professional or commercial equipment. Apparatus or class of
   apparatus that are professional or commercial equipment not typically
   used by the public are not required to comply with the provisions of
   this section.

   (3)(i) Achievable. Manufacturers of apparatus that use a picture screen
   of less than 13 inches in size may petition the Commission for a full
   or partial exemption from the closed captioning requirements of this
   section pursuant to § 1.41 of this chapter, which the Commission may
   grant upon a finding that the requirements of this section are not
   achievable, or may assert that such apparatus is fully or partially
   exempt as a response to a complaint, which the Commission may dismiss
   upon a finding that the requirements of this section are not
   achievable.

   (ii) The petitioner or respondent must support a petition for exemption
   or a response to a complaint with sufficient evidence to demonstrate
   that compliance with the requirements of this section is not
   “achievable” where “achievable” means with reasonable effort or
   expense. The Commission will consider the following factors when
   determining whether the requirements of this section are not
   “achievable:”

   (A) The nature and cost of the steps needed to meet the requirements of
   this section with respect to the specific equipment or service in
   question;

   (B) The technical and economic impact on the operation of the
   manufacturer or provider and on the operation of the specific equipment
   or service in question, including on the development and deployment of
   new communications technologies;

   (C) The type of operations of the manufacturer or provider; and

   (D) The extent to which the service provider or manufacturer in
   question offers accessible services or equipment containing varying
   degrees of functionality and features, and offered at differing price
   points.

   (4) Waiver. Manufacturers of apparatus may petition the Commission for
   a full or partial waiver of the closed captioning requirements of this
   section, which the Commission may grant, upon a finding that the
   apparatus meets one of the following provisions:

   (i) The apparatus is primarily designed for activities other than
   receiving or playing back video programming transmitted simultaneously
   with sound; or

   (ii) The apparatus is designed for multiple purposes, capable of
   receiving or playing back video programming transmitted simultaneously
   with sound but whose essential utility is derived from other purposes.

   (c) Specific technical capabilities. All apparatus subject to this
   section shall implement the following captioning functionality:

   (1) Presentation. All apparatus shall implement captioning such that
   the caption text may be displayed within one or separate caption
   windows and supporting the following modes: text that appears all at
   once (pop-on), text that scrolls up as new text appears (roll-up), and
   text where each new letter or word is displayed as it arrives
   (paint-on).

   (2) Character color. All apparatus shall implement captioning such that
   characters may be displayed in the 64 colors defined in CEA-708 and
   such that users are provided with the ability to override the authored
   color for characters and select from a palette of at least 8 colors
   including: white, black, red, green, blue, yellow, magenta, and cyan.

   (3) Character opacity. All apparatus shall implement captioning such
   that users are provided with the ability to vary the opacity of
   captioned text and select between opaque and semi-transparent
   opacities.

   (4) Character size. All apparatus shall implement captioning such that
   users are provided with the ability to vary the size of captioned text
   and shall provide a range of such sizes from 50% of the default
   character size to 200% of the default character size.

   (5) Fonts. All apparatus shall implement captioning such that fonts are
   available to implement the eight fonts required by CEA-708 and
   § 79.102(k). Users must be provided with the ability to assign the fonts
   included on their apparatus as the default font for each of the eight
   styles contained in § 79.102(k).

   (6) Caption background color and opacity. All apparatus shall implement
   captioning such that the caption background may be displayed in the 64
   colors defined in CEA-708 and such that users are provided with the
   ability to override the authored color for the caption background and
   select from a palette of at least 8 colors including: white, black,
   red, green, blue, yellow, magenta, and cyan. All apparatus shall
   implement captioning such that users are provided with the ability to
   vary the opacity of the caption background and select between opaque,
   semi-transparent, and transparent background opacities.

   (7) Character edge attributes. All apparatus shall implement captioning
   such that character edge attributes may be displayed and users are
   provided the ability to select character edge attributes including: no
   edge attribute, raised edges, depressed edges, uniform edges, and drop
   shadowed edges.

   (8) Caption window color. All apparatus shall implement captioning such
   that the caption window color may be displayed in the 64 colors defined
   in CEA-708 and such that users are provided with the ability to
   override the authored color for the caption window and select from a
   palette of at least 8 colors including: white, black, red, green, blue,
   yellow, magenta, and cyan. All apparatus shall implement captioning
   such that users are provided with the ability to vary the opacity of
   the caption window and select between opaque, semi-transparent, and
   transparent background opacities.

   (9) Language. All apparatus must implement the ability to select
   between caption tracks in additional languages when such tracks are
   present and provide the ability for the user to select simplified or
   reduced captions when such captions are available and identify such a
   caption track as “easy reader.”

   (10) Preview and setting retention. All apparatus must provide the
   ability for the user to preview default and user selection of the
   caption features required by this section, and must retain such
   settings as the default caption configuration until changed by the
   user.

   (11) Safe Harbor. Apparatus which implement Society of Motion Picture
   and Television Engineers Timed Text format (SMPTE ST 2052-1:2010
   incorporated by reference, see § 79.100) with respect to the
   functionality in paragraphs (c)(1) through (10) of this section shall
   be deemed in compliance with paragraph (c) of this section.

   Note to paragraph (c): Where video programming providers or
   distributors subject to § 79.4 of this part display or render captions,
   they shall implement the functional requirements contained in
   paragraphs (c)(1) through (10) of this section unless doing so is
   economically burdensome as defined in § 79.4(d).

   (d) Interconnection. All video outputs of covered apparatus shall be
   capable of conveying from the source device to the consumer equipment
   the information necessary to permit or render the display of closed
   captions.

   [ 77 FR 19518 , Mar. 30, 2012, as amended at  78 FR 39628 , July 2, 2013]

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