[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Proposed Rules]
[Pages 41897-41898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19708]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket 99-254; FCC 99-180]


Closed Captioning Requirements for Digital Television Receivers

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Commission's rules to 
adopt technical standards for the display of closed captions on digital 
television (DTV) receivers. The Commission also proposes to require the 
inclusion of closed captioning decoder circuitry in DTV receivers. The 
proposals contained herein will help ensure access to digital 
programming for people with disabilities. This action is taken to 
fulfill the Commission's obligations contained in the Television 
Decoder Circuitry Act of 1990.

DATES: Comments must be filed on or before October 18, 1999, and reply 
comments must be filed on or before November 15, 1999.

ADDRESSES: Address all comments concerning this proposed rule to the 
Commission's Secretary, Magalie Roman Salas, Office of the Secretary, 
Federal Communications Commission, 445 12th Street S.W., Washington, 
D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Neal McNeil, Office of Engineering and 
Technology, (202) 418-2408, TTY (202) 418-2989, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making, ET Docket 99-254, FCC 99-180, adopted July 14, 
1999, and released July 15, 1999. The full text of this document is 
available for inspection and copying during regular business hours in 
the FCC Reference Center, (Room TW-A306) 445 12th Street S.W., 
Washington, DC. The complete text of this document also may be 
purchased from the Commission's duplication contractor, International 
Transcription Service, Inc., (202) 857-3800, 1231 20th Street, NW, 
Washington, DC 20036.

Electronic Access and Filing Addresses

    Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) via the Internet at <http://www.fcc.gov/e-file/
ecfs.html>. Parties may also submit an electronic comment by Internet 
e-mail. To get filing instructions for e-mail comments, commenters 
should send an e-mail to [email protected], and should include the following 
words in the body of the message, ``get form .'' A 
sample form and directions will be sent in reply.

Summary of Notice of Proposed Rulemaking

    1. Closed captioning is an assistive technology that allows persons 
with hearing disabilities to enjoy television programming. Through 
captioning, the audio portion of programming is displayed as text 
superimposed over the video. Closed captioning information is encoded 
and transmitted along with the video signal of television broadcasts. 
The text is not ordinarily visible. In order to display closed 
captioning, viewers must use either a set-top decoder or a television 
receiver with integrated decoder circuitry.
    2. In 1990, Congress passed the Television Decoder Circuitry Act. 
The Act was intended to reduce the cost to consumers of receiving 
closed captioning, to make closed captioning more widely available, and 
to create market incentives for broadcasters to invest in and provide 
more captioned programming. The Act requires that television receivers 
with picture screens 33 cm (13 inches) or larger contain built-in 
decoder circuitry designed to display closed captioned television 
transmissions. The Act also requires that the Commission take 
appropriate action to ensure that closed captioning services continue 
to be available to consumers as new video technology is developed. The 
introduction of digital broadcasting now requires the Commission to 
update its rules to fulfill its continuing obligations under the Act.
    3. The Electronics Industries Alliance (EIA) has adopted EIA-708-A, 
a standard which provides instructions for the encoding, delivery, and 
display of closed caption information for digital television systems. 
The standard provides for a larger set of captioning characters than 
the existing caption standard. It also supports user options which 
enable caption display to be customized for a particular viewer. For 
example, closed caption decoders functioning pursuant to EIA-708-A may 
permit viewers to change various attributes of caption text such as its 
font, spacing, color, or screen position. This will allow viewers to 
change the size and appearance of captions to suit their needs. Also, 
using EIA-708-A, caption providers may distribute the caption text for 
a particular program at different reading levels. Viewers would then 
have the option of displaying the standard near-verbatim captions or 
alternate ``easy-reader'' captions written for younger viewers or 
beginner readers. Captions for that same program may also be 
distributed in alternate languages, simultaneously. We believe that, 
because of these attributes, EIA-708-A provides substantial benefits 
for consumers, and substantial improvements over current captioning 
standards.
    4. The Commission proposes to incorporate Section 9 of EIA-708-A 
into the Commission's rules. That section contains recommendations for 
the operation of DTV closed captioning decoders. The recommendations 
are intended to provide minimum performance standards for DTV caption 
decoders. Because Section 9 supplies manufacturers with a set of common 
basic functions for DTV caption decoders, we believe that it provides 
sufficient guidance for the successful implementation of closed caption 
services with digital television receivers. We propose to transcribe 
the recommendations contained in Section 9 into requirements that will 
be contained in part 15 of the Commission's rules. DTV receivers will 
be required to function pursuant to the recommendations contained 
therein.
    5. During the transition period from analog to digital 
broadcasting, programming will be transmitted in both analog and 
digital formats. Accordingly, the first few generations of DTV 
receivers are expected to be designed to operate in a dual mode. Dual 
mode receivers will allow consumers to enjoy the enhanced quality of 
digital broadcast stations while retaining the ability to watch 
programming on existing analog stations, all with the same receiver. 
For this type of receiver we believe that it is important to ensure 
that closed captioning display capability is available in both modes of 
operation. Accordingly, we propose to require that dual mode receivers 
operating in the analog mode provide closed captioning functionality 
pursuant to the Commission's existing rules for analog television 
receivers. In the digital mode,

[[Page 41898]]

such receivers will be required to function in accordance with EIA-708-
A.
    6. We note that EIA-708-A supports transport of standard analog 
captioning information. However, we propose to require that the decoder 
circuitry in digital tuners respond primarily to any digitally 
formatted caption information. In that way we can ensure that consumers 
who purchase DTV receivers will be able to take advantage of the new 
capabilities of captioning in the digital environment. We seek comment 
on this proposal.
    7. We are aware that DTV reception capability will be marketed in a 
number of ways. During the transition period we expect that many 
consumers will purchase set-top DTV converter boxes that allow 
digitally transmitted television signals to be displayed on analog 
receivers. We also are aware that some manufacturers may choose to sell 
DTV tuners and display units separately. Consumers will have the option 
of customizing their DTV system in much the same way that is now done 
for computer systems. We believe that most set-top converters and all 
separately sold DTV tuners will be used with picture screens that are 
13 inches or larger. Therefore, we propose to require that all such 
devices be subject to the provisions of the 1990 Act and provide for 
the display of closed captioning. Specifically, we propose to require 
that DTV converter boxes used with analog receivers either decode any 
analog caption information that is transmitted with the DTV signal or 
pass this information directly to the receiver in a form recognizable 
by the receiver's built-in caption decoder. Separately sold DTV tuners 
will be required to have the capability to respond to digitally encoded 
caption information. Although these converter boxes and tuners may be 
marketed without display screens, we tentatively conclude that 47 
U.S.C. 330(b) provides the Commission with authority to require closed 
captioning capability in the devices. We seek comment.

Initial Regulatory Flexibility Analysis

    8. As required by Section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603, the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the expected significant economic impact 
on small entities by the policies and rules proposed in this Notice of 
Proposed Rule Making (``NPRM''). Written public comments are requested 
on the IRFA. Comments must be identified as responses to the IRFA and 
must be filed by the deadlines for comments on the NPRM provided above. 
The Commission shall send a copy of this NPRM, including the IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration in 
accordance with paragraph 603(a) of the Regulatory Flexibility Act.

A. Need for and Objectives of the Proposed Rule

    9. In 1990, Congress passed the Television Decoder Circuitry Act 
(``TDCA''). The TDCA requires that any apparatus designed to receive 
television broadcast signals, manufactured or imported for use in the 
United States, must have the capability of displaying closed captioned 
information if its television screen is 33 centimeters (13 inches) or 
larger. In 1991, the FCC incorporated the TDCA into its rules by 
requiring that each broadcast receiver shipped in interstate commerce, 
manufactured, assembled, or imported after July 1, 1993 be capable of 
displaying closed captioned information if its television screen is 33 
centimeters or larger. See 47 CFR 15.119, Report and Order in General 
Docket 91-1, 6 FCC Rcd 2419 (1991), 56 FR 27200, June 13, 1991.
    10. The NPRM proposes to amend part 15 of our Rules to require that 
digital television receivers be capable of displaying closed captioning 
transmitted with television signals.

B. Legal Basis

    11. The proposed action is taken pursuant to Sections 303(u) and 
330(b) of the Communications Act of 1934, as amended, 47 U.S.C. 
Sections 303(u) and 330(b).

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    12. The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business'' ``small 
organization,'' and ``small governmental jurisdictions.'' In addition, 
the term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act, 15 U.S.C. 632, unless 
the Commission has developed one or more definitions that are 
appropriate to its activities. See 5 U.S.C. 601(3). Under the Small 
Business Act, a ``small business concern'' is one that: (1) is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) meets any additional criteria established by the 
Small Business Administration (SBA). See 15 U.S.C. 632.
    13. According to the SBA's regulations, television equipment 
manufacturers must have 750 or fewer employees in order to qualify as a 
small business concern. See 13 CFR 121.201, (SIC) Code 3663. Census 
Bureau data indicates that there are 858 U.S. companies that 
manufacture radio and television broadcasting and communications 
equipment, and that 778 of these firms have fewer than 750 employees 
and would be classified as small entities. See U.S. Department of 
Commerce, 1992 Census of Transportation, Communications, and Utilities, 
SIC Code 3663 (issued May 1995). The Census Bureau category is very 
broad, and specific figures are not available as to how many of these 
firms are manufacturers of television equipment. However, we believe 
that many of the companies that manufacture television equipment may 
qualify as small entities.

D. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    14. The Commission's rules require television receivers to be 
verified for compliance with applicable FCC technical requirements. See 
47 CFR 15.101, 15.117, and 2.951, et seq. Documentation concerning the 
verification must be kept by the manufacturer or importer. The rules 
adopted in this proceeding require that digital television receivers 
comply with industry-developed standards for closed captioning display. 
However, testing regarding closed captioning display is not necessary 
because compliance with the industry-developed standards, and the 
associated Commission rules, can be determined easily during the 
equipment design process. The Commission may, of course, ask 
manufacturers and importers to document upon occasion how a particular 
television receiver or computer system complies with the closed 
captioning display requirements.

E. Significant Alternatives to Proposed Rules Which Minimize 
Significant Economic Impact on Small Entities and Accomplish Stated 
Objectives

    15. None.

F. Federal Rules that May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    16. None.

List of Subjects in 47 CFR Part 15

    Communications equipment.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 99-19708 Filed 7-30-99; 8:45 am]
BILLING CODE 6712-01-P