§ 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. (1) 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:

   (i) September 30, 2012, for all prerecorded programming that is not edited
   for Internet distribution, unless it is subject to paragraph (b)(1)(iv) of
   this section.

   (ii) March 30, 2013, for all live and near-live programming, unless it is
   subject to paragraph (b)(1)(iv) of this section.

   (iii) September 30, 2013, for all prerecorded programming that is edited for
   Internet distribution, unless it is subject to paragraph (b)(1)(iv) of this
   section.

   (iv) 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.

   (2) All nonexempt video clips delivered using Internet protocol must be
   provided  with closed captions if the video programming distributor or
   provider  posts  on  its Web site or application a video clip of video
   programming that it published or exhibited on television in the United
   States with captions on or after the applicable compliance deadline. The
   requirements contained in this paragraph shall not apply to video clips
   added to the video programming distributor's or provider's library before
   the video programming distributor or provider published or exhibited the
   associated  video  programming on television in the United States with
   captions on or after the applicable compliance deadline.

   (i) The requirements contained in paragraph (b)(2) of this section shall
   apply with the following compliance deadlines:

   (A) January 1, 2016, where the video clip contains a single excerpt of a
   captioned  television  program  with the same video and audio that was
   presented on television.

   (B) January 1, 2017, where a single file contains multiple video clips that
   each contain a single excerpt of a captioned television program with the
   same video and audio that was presented on television.

   (C) July 1, 2017, for video clips of live and near-live programming.

   (ii) Closed captions must be provided for video clips of live programming
   within 12 hours after the conclusion of the associated video programming's
   publication or exhibition on television in the United States with captions.
   Closed captions must be provided for video clips of near-live programming
   within  eight  hours  after  the  conclusion  of  the associated video
   programming's publication or exhibition on television in the United States
   with captions.

   (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, as amended at  79 FR 45371 , Aug. 5, 2014]

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Subpart B—Apparatus

   Source:  78 FR 77251 , Dec. 20, 2013, unless otherwise noted.

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