§ 79.1   Closed captioning of televised video programming.

   (a) Definitions. For purposes of this section the following definitions
   shall apply:

   (1) Captioning vendor. Any entity that is responsible for providing
   captioning services to a video programmer.

   (2) Closed captioning, or captioning. The visual display of the audio
   portion of video programming pursuant to the technical specifications
   set forth in this part.

   (3) Live programming. Video programming that is shown on television
   substantially simultaneously with its performance.

   (4) Near-live programming. Video programming that is performed and
   recorded less than 24 hours prior to the time it is first aired on
   television.

   (5) New programming. Video programming that is first published or
   exhibited on or after January 1, 1998.

   (i) Analog video programming that is first published or exhibited on or
   after January 1, 1998.

   (ii) Digital video programming that is first published or exhibited on
   or after July 1, 2002.

   (6) Non-exempt programming. Video programming that is not exempt under
   paragraph (d) of this section and, accordingly, is subject to closed
   captioning requirements set forth in this section.

   (7) Prerecorded programming. Video programming that is not "live" or
   "near-live".

   (8) Pre-rule programming. (i) Analog video programming that was first
   published or exhibited before January 1, 1998.

   (ii) Digital video programming that was first published or exhibited
   before July 1, 2002.

   (9) Video programmer. Any entity that provides video programming that
   is intended for distribution to residential households including, but
   not limited to, broadcast or nonbroadcast television networks and the
   owners of such programming.

   (10) Video programming. Programming provided by, or generally
   considered comparable to programming provided by, a television
   broadcast station that is distributed and exhibited for residential
   use. Video programming includes advertisements of more than five
   minutes in duration but does not include advertisements of five
   minutes' duration or less.

   (11) Video programming distributor. Any television broadcast station
   licensed by the Commission and any multichannel video programming
   distributor as defined in § 76.1000(e) of this chapter, and any other
   distributor of video programming for residential reception that
   delivers such programming directly to the home and is subject to the
   jurisdiction of the Commission. An entity contracting for program
   distribution over a video programming distributor that is itself exempt
   from captioning that programming pursuant to paragraph (e)(9) of this
   section shall itself be treated as a video programming distributor for
   purposes of this section To the extent such video programming is not
   otherwise exempt from captioning, the entity that contracts for its
   distribution shall be required to comply with the closed captioning
   requirements of this section.

   (12) Video programming provider. Any video programming distributor and
   any other entity that provides video programming that is intended for
   distribution to residential households including, but not limited to
   broadcast or nonbroadcast television network and the owners of such
   programming.

   (b) Requirements for closed captioning of video programming--(1)
   Requirements for new English language programming. Video programming
   distributors must provide closed captioning for nonexempt video
   programming that is being distributed and exhibited on each channel
   during each calendar quarter in accordance with the following
   requirements:

   (i) Between January 1, 2000, and December 31, 2001, a video programming
   distributor shall provide at least 450 hours of captioned video
   programming or all of its new nonexempt video programming must be
   provided with captions, whichever is less;

   (ii) Between January 1, 2002, and December 31, 2003, a video
   programming distributor shall provide at least 900 hours of captioned
   video programming or all of its new nonexempt video programming must be
   provided with captions, whichever is less;

   (iii) Between January 1, 2004, and December 31, 2005, a video
   programming distributor shall provide at least an average of 1350 hours
   of captioned video programming or all of its new nonexempt video
   programming must be provided with captions, whichever is less; and

   (iv) As of January 1, 2006, and thereafter, 100% of the programming
   distributor's new nonexempt video programming must be provided with
   captions.

   (2) Requirements for pre-rule English language programming. (i) After
   January 1, 2003, 30% of the programming distributor's pre-rule
   nonexempt video programming being distributed and exhibited on each
   channel during each calendar quarter must be provided with closed
   captioning.

   (ii) As of January 1, 2008, and thereafter, 75% of the programming
   distributor's pre-rule nonexempt video programming being distributed
   and exhibited on each channel during each calendar quarter must be
   provided with closed captioning.

   (3) Requirements for new Spanish language programming. Video
   programming distributors must provide closed captioning for nonexempt
   Spanish language video programming that is being distributed and
   exhibited on each channel during each calendar quarter in accordance
   with the following requirements:

   (i) Between January 1, 2001, and December 31, 2003, a video programming
   distributor shall provide at least 450 hours of captioned Spanish
   language video programming or all of its new nonexempt Spanish language
   video programming must be provided with captions, whichever is less;

   (ii) Between January 1, 2004, and December 31, 2006, a video
   programming distributor shall provide at least 900 hours of captioned
   Spanish language video programming or all of its new nonexempt Spanish
   language video programming must be provided with captions, whichever is
   less;

   (iii) Between January 1, 2007, and December 31, 2009, a video
   programming distributor shall provide at least an average of 1350 hours
   of captioned Spanish language video programming or all of its new
   nonexempt Spanish language video programming must be provided with
   captions, whichever is less; and

   (iv) As of January 1, 2010, and thereafter, 100% of the programming
   distributor's new nonexempt Spanish language video programming must be
   provided with captions.

   (4) Requirements for Spanish language pre-rule programming. (i) After
   January 1, 2005, 30% of the programming distributor's pre-rule
   nonexempt Spanish language video programming being distributed and
   exhibited on each channel during each calendar quarter must be provided
   with closed captioning.

   (ii) As of January 1, 2012, and thereafter, 75% of the programming
   distributor's pre-rule nonexempt Spanish language video programming
   being distributed and exhibited on each channel during each calendar
   quarter must be provided with closed captioning.

   (5) Video programming distributors shall continue to provide captioned
   video programming at substantially the same level as the average level
   of captioning that they provided during the first six (6) months of
   1997 even if that amount of captioning exceeds the requirements
   otherwise set forth in this section.

   (c) Obligation to pass through captions of already captioned programs;
   obligation to maintain equipment and monitor for captions. (1) All
   video programming distributors shall deliver all programming received
   from the video programming owner or other origination source containing
   closed captioning to receiving television households with the original
   closed captioning data intact in a format that can be recovered and
   displayed by decoders meeting the standards of this part unless such
   programming is recaptioned or the captions are reformatted by the
   programming distributor.

   (2) Video programming distributors shall take any steps needed to
   monitor and maintain their equipment and signal transmissions
   associated with the transmission and distribution of closed captioning
   to ensure that the captioning included with video programming reaches
   the consumer intact. In any enforcement proceeding involving equipment
   failure, the Commission will require video programming distributors to
   demonstrate that they have monitored their equipment and signal
   transmissions, have performed technical equipment checks, and have
   promptly undertaken repairs as needed to ensure that equipment is
   operational and in good working order.

   (3) Each video programming distributor shall maintain records of the
   video programming distributor's monitoring and maintenance activities,
   which shall include, without limitation, information about the video
   programming distributor's monitoring and maintenance of equipment and
   signal transmissions to ensure the pass through and delivery of closed
   captioning to viewers, and technical equipment checks and other
   activities to ensure that captioning equipment and other related
   equipment are maintained in good working order. Each video programming
   distributor shall maintain such records for a minimum of two years and
   shall submit such records to the Commission upon request.

   (d) Exempt programs and providers. For purposes of determining
   compliance with this section, any video programming or video
   programming provider that meets one or more of the following criteria
   shall be exempt to the extent specified in this paragraph.

   (1) Programming subject to contractual captioning restrictions. Video
   programming that is subject to a contract in effect on or before
   February 8, 1996, but not any extension or renewal of such contract,
   for which an obligation to provide closed captioning would constitute a
   breach of contract.

   (2) Video programming or video programming provider for which the
   captioning requirement has been waived. Any video programming or video
   programming provider for which the Commission has determined that a
   requirement for closed captioning is economically burdensome on the
   basis of a petition for exemption filed in accordance with the
   procedures specified in paragraph (f) of this section.

   (3) Programming other than English or Spanish language. All programming
   for which the audio is in a language other than English or Spanish,
   except that scripted programming that can be captioned using the
   "electronic news room" technique is not exempt.

   (4) Primarily textual programming. Video programming or portions of
   video programming for which the content of the soundtrack is displayed
   visually through text or graphics (e.g., program schedule channels or
   community bulletin boards).

   (5) Programming distributed in the late night hours. Programming that
   is being distributed to residential households between 2 a.m. and 6
   a.m. local time. Video programming distributors providing a channel
   that consists of a service that is distributed and exhibited for
   viewing in more than a single time zone shall be exempt from closed
   captioning that service for any continuous 4 hour time period they may
   select, commencing not earlier than 12 a.m. local time and ending not
   later than 7 a.m. local time in any location where that service is
   intended for viewing. This exemption is to be determined based on the
   primary reception locations and remains applicable even if the
   transmission is accessible and distributed or exhibited in other time
   zones on a secondary basis. Video programming distributors providing
   service outside of the 48 contiguous states may treat as exempt
   programming that is exempt under this paragraph when distributed in the
   contiguous states.

   (6) Interstitials, promotional announcements and public service
   announcements. Interstitial material, promotional announcements, and
   public service announcements that are 10 minutes or less in duration.

   (7) EBS programming. Video programming transmitted by an Educational
   Broadband Service licensee pursuant to part 27 of this chapter.

   (8) Locally produced and distributed non-news programming with no
   repeat value. Programming that is locally produced by the video
   programming distributor, has no repeat value, is of local public
   interest, is not news programming, and for which the "electronic news
   room" technique of captioning is unavailable.

   (9) Programming on new networks. Programming on a video programming
   network for the first four years after it begins operation, except that
   programming on a video programming network that was in operation less
   than four (4) years on January 1, 1998 is exempt until January 1, 2002.

   (10) Primarily non-vocal musical programming. Programming that consists
   primarily of non-vocal music.

   (11) Captioning expense in excess of 2 percent of gross revenues. No
   video programming provider shall be required to expend any money to
   caption any video programming if such expenditure would exceed 2
   percent of the gross revenues received from that channel during the
   previous calendar year.

   (12) Channels/Streams producing revenues of under $3,000,000. No video
   programming provider shall be required to expend any money to caption
   any channel or stream of video programming producing annual gross
   revenues of less than $3,000,000 during the previous calendar year
   other than the obligation to pass through video programming closed
   captioned when received pursuant to paragraph (c) of this section. For
   the purposes of this paragraph, each programming stream on a multicast
   digital television channel shall be considered separately for purposes
   of the $3,000,000 revenue limit.

   (13) Locally produced educational programming. Instructional
   programming that is locally produced by public television stations for
   use in grades K-12 and post secondary schools.

   (e) Responsibility for and determination of compliance. (1) Compliance
   shall be calculated on a per channel, calendar quarter basis;

   (2) Open captioning or subtitles in the language of the target audience
   may be used in lieu of closed captioning;

   (3) The major national broadcast television networks (i.e., ABC, CBS,
   Fox and NBC), affiliates of these networks in the top 25 television
   markets as defined by Nielsen's Designated Market Areas (DMAs) and
   national nonbroadcast networks serving at least 50% of all homes
   subscribing to multichannel video programming services shall not count
   electronic newsroom captioned programming towards compliance with these
   rules. The live portions of noncommercial broadcasters' fundraising
   activities that use automated software to create a continuous captioned
   message will be considered captioned;

   (4) Compliance will be required with respect to the type of video
   programming generally distributed to residential households.
   Programming produced solely for closed circuit or private distribution
   is not covered by these rules;

   (5) Video programming that is exempt pursuant to paragraph (d) of this
   section that contains captions, except video programming exempt
   pursuant to paragraph (d)(5) of this section (late night hours
   exemption), can count towards the compliance with the requirements for
   new programming prior to January 1, 2006. Video programming that is
   exempt pursuant to paragraph (d) of this section that contains
   captions, except that video programming exempt pursuant to paragraph
   (d)(5) of this section (late night hours exemption), can count towards
   compliance with the requirements for pre-rule programming.

   (6) For purposes of paragraph (d)(11) of this section, captioning
   expenses include direct expenditures for captioning as well as
   allowable costs specifically allocated by a programming supplier
   through the price of the video programming to that video programming
   provider. To be an allowable allocated cost, a programming supplier may
   not allocate more than 100 percent of the costs of captioning to
   individual video programming providers. A programming supplier may
   allocate the captioning costs only once and may use any commercially
   reasonable allocation method;

   (7) For purposes of paragraphs (d)(11) and (d)(12) of this section,
   annual gross revenues shall be calculated for each channel individually
   based on revenues received in the preceding calendar year from all
   sources related to the programming on that channel. Revenue for
   channels shared between network and local programming shall be
   separately calculated for network and for non-network programming, with
   neither the network nor the local video programming provider being
   required to spend more than 2 percent of its revenues for captioning.
   Thus, for example, compliance with respect to a network service
   distributed by a multichannel video service distributor, such as a
   cable operator, would be calculated based on the revenues received by
   the network itself (as would the related captioning expenditure). For
   local service providers such as broadcasters, advertising revenues from
   station-controlled inventory would be included. For cable operators
   providing local origination programming, the annual gross revenues
   received for each channel will be used to determine compliance.
   Evidence of compliance could include certification from the network
   supplier that the requirements of the test had been met. Multichannel
   video programming distributors, in calculating non-network revenues for
   a channel offered to subscribers as part of a multichannel package or
   tier, will not include a pro rata share of subscriber revenues, but
   will include all other revenues from the channel, including advertising
   and ancillary revenues. Revenues for channels supported by direct sales
   of products will include only the revenues from the product sales
   activity (e.g., sales commissions) and not the revenues from the actual
   products offered to subscribers. Evidence of compliance could include
   certification from the network supplier that the requirements of this
   test have been met.

   (8) If two or more networks (or sources of programming) share a single
   channel, that channel shall be considered to be in compliance if each
   of the sources of video programming are in compliance where they are
   carried on a full time basis;

   (9) Video programming distributors shall not be required to provide
   closed captioning for video programming that is by law not subject to
   their editorial control, including but not limited to the signals of
   television broadcast stations distributed pursuant to sections 614 and
   615 of the Communications Act or pursuant to the compulsory copyright
   licensing provisions of sections 111 and 119 of the Copyright Act
   (Title 17 U.S.C. 111 and 119); programming involving candidates for
   public office covered by sections 315 and 312 of the Communications Act
   and associated policies; commercial leased access, public access,
   governmental and educational access programming carried pursuant to
   sections 611 and 612 of the Communications Act; video programming
   distributed by direct broadcast satellite (DBS) services in compliance
   with the noncommercial programming requirement pursuant to section
   335(b)(3) of the Communications Act to the extent such video
   programming is exempt from the editorial control of the video
   programming provider; and video programming distributed by a common
   carrier or that is distributed on an open video system pursuant to
   section 653 of the Communications Act by an entity other than the open
   video system operator. To the extent such video programming is not
   otherwise exempt from captioning, the entity that contracts for its
   distribution shall be required to comply with the closed captioning
   requirements of this section.

   (10) In evaluating whether a video programming provider has complied
   with the requirement that all new nonexempt video programming must
   include closed captioning, the Commission will consider showings that
   any lack of captioning was de minimis and reasonable under the
   circumstances.

   (11) Use of "Electronic Newsroom Technique" (ENT). (i) A broadcast
   station that uses ENT to provide closed captioning for live programming
   or programming originally transmitted live and that is not subject to
   the current prohibition on the use of ENT in paragraph (e)(3) of this
   section shall be deemed in compliance with the Commission's rules
   requiring captioning of live programming or programming originally
   transmitted live if it adheres to the following procedures in the
   ordinary course of business:

   (A) In-studio produced news, sports, weather, and entertainment
   programming will be scripted.

   (B) For weather interstitials where there may be multiple segments
   within a news program, weather information explaining the visual
   information on the screen and conveying forecast information will be
   scripted, although the scripts may not precisely track the words used
   on air.

   (C) Pre-produced programming will be scripted (to the extent
   technically feasible).

   (D) If live interviews or live on-the scene or breaking news segments
   are not scripted, stations will supplement them with crawls, textual
   information, or other means (to the extent technically feasible).

   (E) The station will provide training to all news staff on scripting
   for improving ENT.

   (F) The station will appoint an "ENT Coordinator" accountable for
   compliance.

   (ii) Nothing in this paragraph (e)(11) shall relieve a broadcast
   station of its obligations under § 79.2 of this chapter regarding the
   accessibility of programming providing emergency information.

   (iii) Informal complaints. The Commission will forward an informal
   complaint regarding captioning to a broadcast station that utilizes ENT
   to provide captioning pursuant to the procedures set forth in paragraph
   (e)(11)(i) of this section only if the informal complaint contains the
   television channel number, network, or call sign, the name of the
   subscription service, if relevant, the date and time of the captioning
   problems, the name of the affected program, and a detailed and specific
   description of the captioning problems, including the frequency and
   type of problem.

   (iv) Compliance. (A) Initial response to pattern or trend of
   noncompliance. If the Commission notifies a broadcast station that the
   Commission has identified a pattern or trend of possible noncompliance
   by the station with this paragraph (e)(11), the station shall respond
   to the Commission within 30 days regarding such possible noncompliance,
   describing corrective measures taken, including those measures the
   station may have undertaken in response to informal complaints and
   inquiries from viewers.

   (B) Corrective action plan. If, after the date for a broadcast station
   to respond to a notification under paragraph (e)(11)(iv)(A) of this
   section, the Commission subsequently notifies the broadcast station
   that there is further evidence indicating a pattern or trend of
   noncompliance with this paragraph (e)(11), the broadcast station shall
   submit to the Commission, within 30 days of receiving such subsequent
   notification, an action plan describing specific measures it will take
   to bring the station's ENT performance into compliance with this
   paragraph (e)(11). In addition, the station shall be required to
   conduct spot checks of its ENT performance and report to the Commission
   on the results of such action plan and spot checks 180 days after the
   submission of such action plan.

   (C) Continued evidence of a pattern or trend of noncompliance. If,
   after the date for submission of a report on the results of an action
   plan and spot checks pursuant to paragraph (e)(11)(iv)(B) of this
   section, the Commission finds continued evidence of a pattern or trend
   of noncompliance, additional enforcement actions may be taken, which
   may include admonishments, forfeitures, and other corrective actions,
   including, but not limited to, requiring the station to cease using ENT
   and to use real-time captioning for live programming.

   (v) Progress report. No later than one year after the effective date of
   this paragraph (e)(11), broadcast stations that adhere to the
   procedures set forth in paragraph (e)(11)(i) shall jointly prepare and
   submit to the Commission, in consultation with individuals who rely on
   captions to watch television and organizations representing such
   individuals, a report on their experiences with following such
   procedures, and the extent to which they have been successful in
   providing full and equal access to live programming.

   (f) Procedures for exemptions based on economically burdensome
   standard. (1) A video programming provider, video programming producer
   or video programming owner may petition the Commission for a full or
   partial exemption from the closed captioning requirements. Exemptions
   may be granted, in whole or in part, for a channel of video
   programming, a category or type of video programming, an individual
   video service, a specific video program or a video programming provider
   upon a finding that the closed captioning requirements will be
   economically burdensome.

   (2) A petition for an exemption must be supported by sufficient
   evidence to demonstrate that compliance with the requirements to closed
   caption video programming would be economically burdensome. The term
   "economically burdensome" means significant difficulty or expense.
   Factors to be considered when determining whether the requirements for
   closed captioning are economically burdensome include:

   (i) The nature and cost of the closed captions for the programming;

   (ii) The impact on the operation of the provider or program owner;

   (iii) The financial resources of the provider or program owner; and

   (iv) The type of operations of the provider or program owner.

   (3) In addition to these factors, the petition shall describe any other
   factors the petitioner deems relevant to the Commission's final
   determination and any available alternatives that might constitute a
   reasonable substitute for the closed captioning requirements including,
   but not limited to, text or graphic display of the content of the audio
   portion of the programming. The extent to which the provision of closed
   captions is economically burdensome shall be evaluated with regard to
   the individual outlet.

   (4) A petition requesting an exemption based on the economically
   burdensome standard, and all subsequent pleadings, shall be filed
   electronically 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 file comments or oppositions to the
   petition within 30 days of the public notice of the petition. Within 20
   days of the close of the comment period, the petitioner may reply to
   any comments or oppositions filed.

   (7) Comments or oppositions to the petition shall be filed
   electronically and served on the petitioner and shall include a
   certification that the petitioner was served with a copy. Replies to
   comments or oppositions shall be filed electronically and served on the
   commenting or opposing party and shall include a certification that the
   commenting or opposing party was served with a copy. Comments or
   oppositions and replies may be served upon a party, its attorney, or
   other duly constituted agent by delivering or mailing a copy to the
   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 showing of good cause, the Commission may lengthen or
   shorten any comment period and waive or establish other procedural
   requirements.

   (9) All petitions and responsive pleadings shall contain 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 economically burdensome exemption from the closed
   captioning requirements.

   (11) During the pendency of an economically burdensome determination,
   the video programming subject to the request for exemption shall be
   considered exempt from the closed captioning requirements.

   (g) Complaint procedures. (1) Complaints concerning an alleged
   violation of the closed captioning requirements of this section shall
   be filed with the Commission or with the video programming distributor
   responsible for delivery and exhibition of the video programming within
   sixty (60) days of the problem with captioning. A complaint must be in
   writing, must state with specificity the alleged Commission rule
   violated and must include some evidence of the alleged rule violation.

   (2) Complaints filed first with the Commission will be forwarded to the
   appropriate video programming distributor. The video programming
   distributor must respond in writing to the Commission and the
   complainant within 30 days of the receipt of the complaint from the
   Commission.

   (3) Complaints sent to a video programming distributor regarding
   programming by a television broadcast station or other programming for
   which the video programming distributor is exempt from closed
   captioning responsibility pursuant to paragraph (e)(9) of this section,
   shall be forwarded by the video programming distributor within seven
   (7) days of receipt to the entity responsible for closed captioning of
   the programming at issue. The video programming distributor must also
   notify the complainant and the Commission that it has forwarded the
   complaint. Entities receiving forwarded complaints must respond in
   writing to the complainant within 30 days of the forwarding date of the
   complaint.

   (4) If a complaint is first filed with the video programming
   distributor, the video programming distributor must respond in writing
   to the complainant within thirty (30) days after receipt of a closed
   captioning complaint. If a video programming distributor 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 to respond. If a consumer re-files
   the complaint with the Commission (after filing with the distributor),
   the Commission will forward the complaint to the distributor, and the
   distributor shall respond to the Commission and the complainant within
   thirty (30) days of receipt of the complaint from the Commission.

   (5) In response to a complaint, a video programming distributor is
   obligated to provide the Commission with sufficient records and
   documentation to demonstrate that it is in compliance with the
   Commission's rules.

   (6) Certifications from programming suppliers, including programming
   producers, programming owners, networks, syndicators and other
   distributors, may be relied on to demonstrate compliance. Distributors
   will not be held responsible for situations where a program source
   falsely certifies that programming delivered to the distributor meets
   our captioning requirements if the distributor is unaware that the
   certification is false. Video programming providers may rely on the
   accuracy of certifications. Appropriate action may be taken with
   respect to deliberate falsifications.

   (7) The Commission will review the complaint, including all supporting
   evidence, and determine whether a violation has occurred. The
   Commission shall, as needed, request additional information from the
   video programming provider.

   (8) If the Commission finds that a violation has occurred, penalties
   may be imposed, including a requirement that the video programming
   distributor deliver video programming containing closed captioning in
   an amount exceeding that specified in paragraph (b) of this section in
   a future time period.

   (h) 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.

   (i) Contact information. (1) Video programming distributors shall make
   available contact information for the receipt and handling of immediate
   closed captioning concerns raised by consumers while they are watching
   a program. Programming distributors must designate a telephone number,
   fax number, and e-mail address for purposes of receiving and responding
   immediately to any closed captioning concerns. Distributors shall
   include this information on their Web sites (if they have a Web site),
   in telephone directories, and in billing statements (to the extent the
   distributor issues billing statements). Distributors shall keep this
   information current and update it to reflect any changes within 10
   business days for Web sites, by the next billing cycle for billing
   statements, and by the next publication of directories. Video
   programming distributors should ensure that any staff reachable through
   this contact information has the capability to immediately respond to
   and address consumers' concerns. To the extent that a distributor has
   personnel available, either on site or remotely, to address any
   technical problems that may arise, consumers using this dedicated
   contact information must be able to reach someone, either directly or
   indirectly, who can address the consumer's captioning concerns. This
   provision does not require that distributors alter their hours of
   operation or the hours during which they have staffing available; at
   the same time, however, where staff is available to address technical
   issues that may arise during the course of transmitting programming,
   they also must be knowledgeable about and be able to address closed
   captioning concerns. In situations where a distributor is not
   immediately available, any calls or inquiries received, using this
   dedicated contact information, should be returned or otherwise
   addressed within 24 hours. In those situations where the captioning
   problem does not reside with the distributor, the staff person
   receiving the inquiry should refer the matter appropriately for
   resolution.

   (2) Video programming distributors shall make contact information
   available for the receipt and handling of written closed captioning
   complaints that do not raise the type of immediate issues that are
   addressed in paragraph (i)(1) of this section. The contact information
   required for written complaints shall include the name of a person with
   primary responsibility for captioning issues and who can ensure
   compliance with our rules. In addition, this contact information shall
   include the person's title or office, telephone number, fax number,
   postal mailing address, and e-mail address. Distributors shall include
   this information on their Web sites (if they have a Web site), in
   telephone directories, and in billing statements (to the extent the
   distributor issues billing statements). Distributors shall keep this
   information current and update it within 10 business days for Web
   sites, by the next billing cycle for billing statements, and by the
   next publication of directories.

   (3) Providing contact information to the Commission. Video programming
   distributors shall file the contact information described in this
   section with the Commission in one of the following ways: Through a web
   form located on the FCC Web site; with the Chief of the Disability
   Rights Office, Consumer and Governmental Affairs Bureau; or by sending
   an email to CLOSEDCAPTIONING_POC@fcc.gov. Contact information shall be
   available to consumers on the FCC Web site or by telephone inquiry to
   the Commission's Consumer Center. Distributors shall notify the
   Commission each time there is a change in any of this required
   information within 10 business days.

   (j) Captioning quality obligation; standards. (1) A video programming
   distributor shall exercise best efforts to obtain a certification from
   each video programmer from which the distributor obtains programming
   stating:

   (i) That the video programmer's programming satisfies the caption
   quality standards of paragraph (j)(2) of this section;

   (ii) That in the ordinary course of business, the video programmer has
   adopted and follows the Best Practices set forth in paragraph (k)(1) of
   this section; or

   (iii) That the video programmer is exempt from the closed captioning
   rules under one or more properly attained exemptions. For programmers
   certifying exemption from the closed captioning rules, the video
   programming distributor must obtain a certification from the programmer
   that specifies the exact exemption that the programmer is claiming.
   Video programming distributors may satisfy their best efforts
   obligation by locating a programmer's certification on the programmer's
   Web site or other widely available locations used for the purpose of
   posting widely available certifications. If a video programming
   distributor is unable to locate such certification on the programmer's
   Web site or other widely available location used for the purpose of
   posting such certification, the video programming distributor must
   inform the video programmer in writing that it must make widely
   available such certification within 30 days after receiving the written
   request. If a video programmer does not make such certification widely
   available within 30 days after receiving a written request, the video
   programming distributor shall promptly submit a report to the
   Commission identifying such non-certifying video programmer for the
   purpose of being placed in a publicly available database. A video
   programming distributor that meets each of the requirements of this
   paragraph shall not be liable for violations of paragraphs (j)(2) and
   (3) of this section to the extent that any such violations are outside
   the control of the video programming distributor.

   (2) Captioning quality standards. Closed captioning shall convey the
   aural content of video programming in the original language (i.e.
   English or Spanish) to individuals who are deaf and hard of hearing to
   the same extent that the audio track conveys such content to
   individuals who are able to hear. Captioning shall be accurate,
   synchronous, complete, and appropriately placed as those terms are
   defined herein.

   (i) Accuracy. Captioning shall match the spoken words (or song lyrics
   when provided on the audio track) in their original language (English
   or Spanish), in the order spoken, without substituting words for proper
   names and places, and without paraphrasing, except to the extent that
   paraphrasing is necessary to resolve any time constraints. Captions
   shall contain proper spelling (including appropriate homophones),
   appropriate punctuation and capitalization, correct tense and use of
   singular or plural forms, and accurate representation of numbers with
   appropriate symbols or words. If slang or grammatical errors are
   intentionally used in a program's dialogue, they shall be mirrored in
   the captions. Captioning shall provide nonverbal information that is
   not observable, such as the identity of speakers, the existence of
   music (whether or not there are also lyrics to be captioned), sound
   effects, and audience reaction, to the greatest extent possible, given
   the nature of the program. Captions shall be legible, with appropriate
   spacing between words for readability.

   (ii) Synchronicity. Captioning shall coincide with the corresponding
   spoken words and sounds to the greatest extent possible, given the type
   of the programming. Captions shall begin to appear at the time that the
   corresponding speech or sounds begin and end approximately when the
   speech or sounds end. Captions shall be displayed on the screen at a
   speed that permits them to be read by viewers.

   (iii) Completeness. Captioning shall run from the beginning to the end
   of the program, to the fullest extent possible.

   (iv) Placement. Captioning shall be viewable and shall not block other
   important visual content on the screen, including, but not limited to,
   character faces, featured text (e.g., weather or other news updates,
   graphics and credits), and other information that is essential to
   understanding a program's content when the closed captioning feature is
   activated. Caption font shall be sized appropriately for legibility.
   Lines of caption shall not overlap one another and captions shall be
   adequately positioned so that they do not run off the edge of the video
   screen.

   (3) Application of captioning quality standards. Captioning shall meet
   the standards of paragraph (j)(2) of this section for accuracy,
   synchronicity, completeness and placement, except for de minimis
   captioning errors. In determining whether a captioning error is de
   minimis, the Commission will consider the particular circumstances
   presented, including the type of failure, the reason for the failure,
   whether the failure was one-time or continuing, the degree to which the
   program was understandable despite the errors, and the time frame
   within which corrective action was taken to prevent such failures from
   recurring. When applying such standards to live and near-live
   programming, the Commission will also take into account, on a
   case-by-case basis, the following factors:

   (i) Accuracy. The overall accuracy or understandability of the
   programming, the ability of the captions to convey the aural content of
   the program in a manner equivalent to the aural track, and the extent
   to which the captioning errors prevented viewers from having access to
   the programming.

   (ii) Synchronicity. The extent to which measures have been taken, to
   the extent technically feasible, to keep any delay in the presentation
   of captions to a minimum, consistent with an accurate presentation of
   what is being said, so that the time between when words are spoken or
   sounds occur and captions appear does not interfere with the ability of
   viewers to follow the program.

   (iii) Completeness. The delays inherent in sending captioning
   transmissions on live programs, and whether steps have been taken, to
   the extent technically feasible, to minimize the lag between the time a
   program's audio is heard and the time that captions appear, so that
   captions are not cut off when the program transitions to a commercial
   or a subsequent program.

   (iv) Placement. The type and nature of the programming and its
   susceptibility to unintentional blocking by captions.

   (4) Complaints. The Commission will forward an informal complaint
   regarding captioning quality to a video programming distributor only if
   the informal complaint contains the channel number, channel name,
   network, or call sign; the name of the multichannel video program
   distributor, if applicable; the date and time when the captioning
   problem occurred; the name of the program with the captioning problem;
   and a detailed description of the captioning problem, including
   specifics about the frequency and type of problem (e.g., garbling,
   captions cut off at certain times or on certain days, and accuracy
   problems).

   (k) Captioning Best Practices--(1) Video Programmer Best Practices.
   Video programmers adopting Best Practices will adhere to the following
   practices.

   (i) Agreements with captioning services. Video programmers adopting
   Best Practices will take the following actions to promote the provision
   of high quality television closed captions through new or renewed
   agreements with captioning vendors.

   (A) Performance requirements. Include performance requirements designed
   to promote the creation of high quality closed captions for video
   programming, comparable to those described in paragraphs (k)(2), (k)(3)
   and (k)(4) of this section.

   (B) Verification. Include a means of verifying compliance with such
   performance requirements, such as through periodic spot checks of
   captioned programming.

   (C) Training. Include provisions designed to ensure that captioning
   vendors' employees and contractors who provide caption services have
   received appropriate training and that there is oversight of individual
   captioners' performance.

   (ii) Operational Best Practices. Video programmers adopting Best
   Practices will take the following actions to promote delivery of high
   quality television captions through improved operations.

   (A) Preparation materials. To the extent available, provide captioning
   vendors with advance access to preparation materials such as show
   scripts, lists of proper names (people and places), and song lyrics
   used in the program, as well as to any dress rehearsal or rundown that
   is available and relevant.

   (B) Quality audio. Make commercially reasonable efforts to provide
   captioning vendors with access to a high quality program audio signal
   to promote accurate transcription and minimize latency.

   (C) Captioning for prerecorded programming. (1) The presumption is that
   pre-recorded programs, excluding programs that initially aired with
   real-time captions, will be captioned offline before air except when,
   in the exercise of a programmer's commercially reasonable judgment,
   circumstances require real-time or live display captioning. Examples of
   commercially reasonable exceptions may include instances when:

   (i) A programmer's production is completed too close to initial air
   time be captioned offline or may require editorial changes up to air
   time (e.g., news content, reality shows),

   (ii) A program is delivered late,

   (iii) There are technical problems with the caption file,

   (iv) Last minute changes must be made to later network feeds (e.g.,
   when shown in a later time zone) due to unforeseen circumstances,

   (v) There are proprietary or confidentiality considerations, or

   (vi) Video programming networks or channels with a high proportion of
   live or topical time-sensitive programming, but also some pre-recorded
   programs, use real-time captioning for all content (including
   pre-recorded programs) to allow for immediate captioning of events or
   breaking news stories that interrupt scheduled programming.

   (2) The video programmer will make reasonable efforts to employ live
   display captioning instead of real-time captioning for prerecorded
   programs if the complete program can be delivered to the caption
   service provider in sufficient time prior to airing.

   (iii) Monitoring and Remedial Best Practices. Video programmers
   adopting Best Practices will take the following actions aimed at
   improving prompt identification and remediation of captioning errors
   when they occur.

   (A) Pre-air monitoring of offline captions. As part of the overall
   pre-air quality control process for television programs, conduct
   periodic checks of offline captions on prerecorded programs to
   determine the presence of captions.

   (B) Real-time monitoring of captions. Monitor television program
   streams at point of origination (e.g., monitors located at the network
   master control point or electronic monitoring) to determine presence of
   captions.

   (C) Programmer and captioning vendor contacts. Provide to captioning
   vendors appropriate staff contacts who can assist in resolving
   captioning issues. Make captioning vendor contact information readily
   available in master control or other centralized location, and contact
   captioning vendor promptly if there is a caption loss or obvious
   compromise of captions.

   (D) Recording of captioning issues. Maintain a log of reported
   captioning issues, including date, time of day, program title, and
   description of the issue. Beginning one year after the effective date
   of the captioning quality standards, such log should reflect reported
   captioning issues from the prior year.

   (E) Troubleshooting protocol. Develop procedures for troubleshooting
   consumer captioning complaints within the distribution chain, including
   identifying relevant points of contact, and work to promptly resolve
   captioning issues, if possible.

   (F) Accuracy spot checks. Within 30 days following notification of a
   pattern or trend of complaints from the Commission, conduct spot checks
   of television program captions to assess caption quality and address
   any ongoing concerns.

   (iv) Certification procedures for video programmers. Video programmers
   adopting Best Practices will certify to video programming distributors
   that they adhere to Best Practices for video programmers and will make
   such certifications widely available to video programming distributors,
   for example, by posting on affiliate Web sites.

   (2) Real-Time (Live) Captioning Vendors Best Practices. (i) Create and
   use metrics to assess accuracy, synchronicity, completeness, and
   placement of real-time captions.

   (ii) Establish minimum acceptable standards based upon those metrics
   while striving to regularly exceed those minimum standards.

   (iii) Perform frequent and regular evaluations and sample audits to
   ensure those standards are maintained.

   (iv) Consider "accuracy" of captions to be a measurement of the
   percentage of correct words out of total words in the program,
   calculated by subtracting number of errors from total number of words
   in the program, dividing that number by total number of words in the
   program and converting that number to a percentage. For example, 7,000
   total words in the program minus 70 errors equals 6,930 correct words
   captioned, divided by 7,000 total words in the program equals 0.99 or
   99% accuracy.

   (v) Consider, at a minimum, mistranslated words, incorrect words,
   misspelled words, missing words, and incorrect punctuation that impedes
   comprehension and misinformation as errors.

   (A) Captions are written in a near-as-verbatim style as possible,
   minimizing paraphrasing.

   (B) The intended message of the spoken dialogue is conveyed in the
   associated captions in a clear and comprehensive manner.

   (C) Music lyrics should accompany artist performances.

   (vi) Consider synchronicity of captions to be a measurement of lag
   between the spoken word supplied by the program origination point and
   when captions are received at the same program origination point.

   (vii) Ensure placement of captions on screen to avoid obscuring
   on-screen information and graphics (e.g., sports coverage).

   (viii) Ensure proper screening, training, supervision, and evaluation
   of captioners by experienced and qualified real-time captioning
   experts.

   (ix) Ensure there is an infrastructure that provides technical and
   other support to video programmers and captioners at all times.

   (x) Ensure that captioners are qualified for the type and difficulty
   level of the programs to which they are assigned.

   (xi) Utilize a system that verifies captioners are prepared and in
   position prior to a scheduled assignment.

   (xii) Ensure that technical systems are functional and allow for
   fastest possible delivery of caption data and that failover systems are
   in place to prevent service interruptions.

   (xiii) Regularly review discrepancy reports in order to correct issues
   and avoid future issues.

   (xiv) Respond in a timely manner to concerns raised by video
   programmers or viewers.

   (xv) Alert video programmers immediately if a technical issue needs to
   be addressed on their end.

   (xvi) Inform video programmers of appropriate use of real-time
   captioning (i.e., for live and near-live programming, and not for
   prerecorded programming) and what is necessary to produce quality
   captions, including technical requirements and the need for preparatory
   materials.

   (xvii) For better coordination for ensuring high quality captions and
   for addressing problems as they arise, understand the roles and
   responsibilities of other stakeholders in the closed-captioning
   process, including broadcasters, producers, equipment manufacturers,
   regulators, and viewers, and keep abreast of issues and developments in
   those sectors.

   (xviii) Ensure that all contracted captioners adhere to the Real-Time
   Captioners Best Practices contained in paragraph (k)(4) of this
   section.

   (3) Real-Time Captioners Best Practices. (i) Caption as accurately,
   synchronously, completely, and appropriately placed as possible, given
   the nature of the programming.

   (ii) Ensure they are equipped with a failover plan to minimize caption
   interruption due to captioner or equipment malfunction.

   (iii) Be equipped with reliable, high speed Internet.

   (iv) Be equipped with multiple telephone lines.

   (v) Prepare as thoroughly as possible for each program.

   (vi) File thorough discrepancy reports with the captioning vendor in a
   timely manner.

   (vii) To the extent possible given the circumstances of the program,
   ensure that real-time captions are complete when the program ends.

   (viii) Engage the command that allows captions to pass at commercials
   and conclusion of broadcasts.

   (ix) Monitor captions to allow for immediate correction of errors and
   prevention of similar errors appearing or repeating in captions.

   (x) Perform frequent and regular self-evaluations.

   (xi) Perform regular dictionary maintenance.

   (xii) Keep captioning equipment in good working order and update
   software and equipment as needed.

   (xiii) Possess the technical skills to troubleshoot technical issues.

   (xiv) Keep abreast of current events and topics that they caption.

   (4) Offline (Prerecorded) Captioning Vendors Best Practices. (i) Ensure
   offline captions are verbatim.

   (ii) Ensure offline captions are error-free.

   (iii) Ensure offline captions are punctuated correctly and in a manner
   that facilitates comprehension.

   (iv) Ensure offline captions are synchronized with the audio of the
   program.

   (v) Ensure offline captions are displayed with enough time to be read
   completely and that they do not obscure the visual content.

   (vii) Ensure offline captioning is a complete textual representation of
   the audio, including speaker identification and non-speech information.

   (viii) Create or designate a manual of style to be applied in an effort
   to achieve uniformity in presentation.

   (ix) Employ frequent and regular evaluations to ensure standards are
   maintained.

   (x) Inform video programmers of appropriate uses of real-time and
   offline captioning and strive to provide offline captioning for
   prerecorded programming.

   (A) Encourage use of offline captioning for live and near-live
   programming that originally aired on television and re-feeds at a later
   time.

   (B) Encourage use of offline captioning for all original and library
   prerecorded programming completed well in advance of its distribution
   on television.

   (xi) For better coordination for ensuring high quality captions and for
   addressing problems as they arise, understand the roles and
   responsibilities of other stakeholders in the closed-captioning
   process, including video program distributors, video programmers,
   producers, equipment manufacturers, regulators, and viewers, and keep
   abreast of issues and developments in those sectors.

   [ 62 FR 48493 , Sept. 16, 1997, as amended at  63 FR 55962 , Oct. 20, 1998;
    64 FR 33424 , June 23, 1999;  65 FR 58477 , Sept. 29, 2000;  69 FR 72047 ,
   Dec. 10, 2004;  74 FR 1604 , Jan. 13, 2009;  74 FR 46703 , Sept. 11, 2009;
    75 FR 7369 , Feb. 19, 2010;  77 FR 19515 , Mar. 30, 2012;  77 FR 48104 ,
   Aug. 13, 2012;  79 FR 17926 , Mar. 31, 2014]

   Effective Date Note 1: At  75 FR 7369 , Feb. 19, 2010, paragraph (g)(3)
   was stayed.

   Effective Date Note 2: At  79 FR 17926 , Mar. 31, 2014, § 79.1 was
   amended by revising paragraph (c)(3) and adding paragraphs
   (e)(11)(iii), (iv), (v), (j) and (k). These paragraphs contain
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.

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