[Federal Register Volume 61, Number 158 (Wednesday, August 14, 1996)]
[Notices]
[Pages 42249-42250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20640]


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FEDERAL COMMUNICATIONS COMMISSION

[MM Docket No. 95-176, FCC 96-318]


Closed Captioning and Video Description of Video Programming

AGENCY: Federal Communications Commission.

ACTION: Notice; Report to Congress.

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SUMMARY: Section 305 of the Telecommunications Act of 1996 adds a new 
section 713, Video Programming Accessibility, to the Communications Act 
of 1934, as amended. Section 713 directs the Commission to conduct 
inquiries and report to Congress on the accessibility of video 
programming to persons with hearing and visual disabilities. On July 
29, 1996, the Commission submitted its Report to Congress. As required 
by Section 713, the Report provides information on the availability of 
closed captioning for persons with hearing impairments and assesses the 
appropriate methods for phasing video description into the marketplace 
to benefit persons with visual disabilities. The Report is based on 
information submitted by commenters in response to a Notice of Inquiry 
in this docket and publicly available information. The Report is 
intended to provide Congress with the Commission's findings regarding 
closed captioning and video description of video programming as 
mandated by Section 713.

ADDRESSES: Federal Communications Commission, 1919 M Street, N.W., 
Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Marcia Glauberman or John Adams, Cable 
Services Bureau (202) 418-7200.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report in MM Docket No. 95-176, FCC 96-318, adopted July 25, 1996, and 
released on July 29, 1996. The full text of the Report is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., 
20554, and may also be purchased from the Commission's copy contractor, 
International Transcription Service (``ITS, Inc.''), (202) 857-3800, 
2100 M Street, N.W., Suite 140, Washington, D.C. 20037.

Synopsis of the Order

    1. Section 305 of the Telecommunications Act of 1996, Public Law 
104-104, 110 Stat. 56 (1996), adds a new section 713, Video Programming 
Accessibility, to the Communications Act of 1934, as amended. Section 
713(a) requires the Commission to report to Congress by August 6, 1996, 
on the results of an inquiry conducted to ascertain the level at which 
video programming is closed captioned. Specifically, Section 713(a) 
directs the Commission to examine the extent to which existing or 
previously published programming is closed captioned, the size of the 
video programming provider or programming owner providing closed 
captioning, the size of the market served, the relative audience shares 
achieved and any other related factors.
    2. The Commission also is required to establish regulations and 
implementation schedules to ensure that video programming is fully 
accessible through closed captioning within 18 months of the enactment 
of the section on February 8, 1996. The Commission will initiate a 
rulemaking proceeding to implement this provision within the next 
several months with the issuance of a notice of proposed rulemaking in 
order to prescribe regulations by August 8, 1997.
    3. Section 713(f) requires the Commission to commence an inquiry 
within six months after the date of enactment to examine the use of 
video descriptions on video programming to ensure the accessibility of 
video programming to persons with visual impairments. It requires the 
Commission to report to Congress on its findings, including an 
assessment of the appropriate methods and schedules for phasing video 
descriptions into the marketplace, technical and quality standards for 
video descriptions, a definition of programming for which video 
descriptions would apply, and other technical and legal issues that the 
Commission deems appropriate.
    4. The Report is based on comments filed in response to a Notice of 
Inquiry in this docket, summarized at 60 FR 65052 (December 18, 1995), 
that sought comment on a wide range of issues relating to closed 
captioning and video description of video programming and publicly 
available information.
    5. Key findings of the Report include:

Closed Captioning

     The primary beneficiaries of closed captioning are the 
approximately 22.4 million persons who are hearing disabled.
     Between 50 and 60 million U.S. homes have access to closed 
captioning. As a result of the Television Decoder Circuitry Act of 1990 
and the Commission's implementing rules, all television receivers with 
screen sizes 13 inches or larger must be capable of receiving and 
displaying closed captions.
     Through the efforts of Congress, government agencies and a 
variety of private parties, captioned video programming has grown over 
the past 25 years and is now a common feature of many video programming 
types. Most nationally broadcast prime time television programming and 
nationally broadcast children's programming news, daytime programming 
and some sports programming, both commercial and noncommercial, is now 
captioned. New feature films produced in the U.S. that will be 
distributed by broadcast networks, cable networks, syndicators and 
local stations following their theatrical release are now captioned at 
the production stage. Local broadcast stations also frequently caption 
the portions of their local newscasts that are scripted in advance. 
Many of the national satellite cable programming networks distribute 
programming containing closed captions.
     Certain types of programming, however, are unlikely to be 
captioned, including non-English language programming, home shopping 
programming, weather programming that includes a large amount of visual 
and graphic information, live sports, and music programming. Captions 
are less likely to be included in programming intended to serve smaller 
or specialized audience markets.
     There is a wide range in the costs of closed captioning 
that reflects the method of adding the captions, the quality of the 
captions and the entity providing the captions. For pre-recorded 
programming, estimates of the cost of captioning range from $800 to 
$2500 per hour of programming. Estimates for the costs of captioning 
live programming range from $150 to $1200 per hour. The Department of 
Education provided about $7.9 million for closed captioning last year, 
which represents roughly 40% of the total amount spent on captioning.

[[Page 42250]]

Video Description

     Video description is an emerging service with only limited 
availability today. In contrast with the widespread availability of 
closed captioning, video descriptions are transmitted with only a small 
number of programs. As a consequence, the present record on which to 
assess video description is limited and the emerging nature of the 
service renders definitive conclusions difficult. The general 
accessibility of video description is dependent on the resolution of 
certain technical, legal and cost issues.
     There are approximately 8.6 million individuals who are 
blind or visually disabled, according to the National Center for Health 
Statistics, who might benefit from video description.
     Not all broadcast stations or other video distributors are 
able to transmit the secondary audio programming or ``SAP'' channel 
needed to provide video description and only about half of the nation's 
homes have a television with the capability to receive the SAP channel. 
Currently, video description is only available on some Public 
Broadcasting Service (``PBS'') programming and a limited number of 
cable satellite programming networks.
     Video description requires the development of a second 
script containing the narration of actions taking place in the video 
programming that are not reflected in the existing dialogue. The cost 
of video description are approximately one and a half times the costs 
associated with closed captioning similar programming.
     Obstacles to the development of video description have 
been the limited availability of SAP channels, the use of SAP channels 
for other audio tracks, including non-English language programming, 
limited funding by government and other sources and unresolved 
copyright issues related to the creation of a second script.
     The Commission will continue to monitor the deployment of 
video description and the development of standards for new video 
technologies that will afford greater accessibility of video 
description. Specifically, the Commission will seek additional 
information that will permit a better assessment of video description 
in conjunction with its 1997 report to Congress assessing competition 
in the video market place that is required by Section 628(g) of the 
Communications Act.

Ordering Clauses

    6. This Report is issued pursuant to authority contained in 
Sections 4(i), 4(j), 403 and 713 of the Communications Act of 1934, as 
amended, 47 U.S.C. Secs. 154(i), 154(j), 403 and 613.
    7. It is ordered that the Secretary shall send copies of this 
Report to the appropriate committees and subcommittees of the United 
States House of Representatives and United States Senate.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-20640 Filed 8-13-96; 8:45 am]
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