§ 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;  79 FR 77916 , Dec. 29, 2014]

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

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