§ 79.103   Closed caption decoder requirements for apparatus.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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