[Federal Register Volume 69, Number 22 (Tuesday, February 3, 2004)]
[Notices]
[Pages 5154-5155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2088]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 04-2]


Reminder to Video Programming Distributors Regarding Effective 
Date for Increase in Captioning Requirements

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document reminds video programming distributors and the 
public of the closed captioning benchmarks for new English and Spanish 
language nonexempt video programming for the period between January 1, 
2004, and December 31, 2005. This document also reminds distributors of 
their responsibilities regarding pre-rule English and Spanish language 
programming. As a further reminder, this document notes that the closed 
captioning requirements discussed herein are separate from video 
programming distributors' obligations to make emergency information 
accessible to persons with hearing and vision disabilities as described 
in 47 CFR 79.2 of the Commission's rules.

DATES: January 1, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Traci Randolph, Consumer & 
Governmental Affairs Bureau, (202) 418-0569 (voice), (202) 418-0537 
(TTY); [email protected] or Sonia Greenaway-Mickle, Media Bureau, 
(202) 418-1419 (voice), (202) 418-7172 (TTY); [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice DA 04-2, released January 6, 2004. All closed captioning 
benchmarks and rules were established to ensure that video programming 
is accessible to persons who are deaf or hard of hearing in accordance 
with the mandate of Congress as set forth in Sec. 713 of the 
Telecommunications Act of 1996. To view the FCC's Factsheet summarizing

[[Page 5155]]

all of the Commission's closed captioning rules and benchmarks go to 
http://www.fcc.gov/cgb/consumerfacts/closedcaption.html. The full texts 
of these documents are available for public inspection and copying 
during regular business hours at the FCC Reference Information Center, 
Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. 
This public notice can also be downloaded in text and ASCII formats at 
http://www.fcc.gov/cgb/dro. These documents may be purchased from the 
Commission's duplicating contractor, Qualex International, Portals II, 
445 12th Street, SW., Room CY-B402, Washington, DC 20554, (202) 863-
2893 (voice), (202) 863-2898 (fax), (202) 863-2897 (TTY), or via e-mail 
[email protected]. To request materials in accessible formats for 
people with disabilities (Braille, large print, electronic files, audio 
format), send an e-mail to [email protected] or call the Consumer & 
Governmental Affairs Bureau at (202) 418-0531 (voice), (202) 418-7365 
(TTY).

Synopsis

    First, with regard to new nonexempt English language programming, 
between January 1, 2004, and December 31, 2005, a video programming 
distributor shall provide at least 1,350 hours of captioned video 
programming or all of its new nonexempt video programming must be 
provided with captions, whichever is less. These hours are measured on 
a per channel, per calendar quarter basis. The Commission's closed 
captioning benchmarks apply to both analog new programming (i.e., video 
programming that was first published or exhibited on or after January 
1, 1998), and digital new video programming. Digital new programming is 
video programming prepared or formatted for display on digital 
televisions that was first published or exhibited on or after July 1, 
2002. This benchmark is the last before the final benchmark of January 
1, 2006, when 100% of all new nonexempt programming must be captioned. 
Second, with regard to pre-rule nonexempt English video programming, as 
of January 1, 2003, 30% of such programming was required to be 
captioned. Furthermore, 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. Analog pre-rule 
programming is video programming that was first published or exhibited 
before January 1, 1998. Digital pre-rule programming is video 
programming first published or exhibited before July 1, 2002. Third, 
with regard to new nonexempt Spanish language programming, between 
January 1, 2004, and December 31, 2006, 900 hours of such programming 
must be closed captioned per channel per quarter, an increase from 450 
hours, leading to the final benchmark of 100% of new nonexempt Spanish 
language programming starting January 1, 2010. Lastly, the first 
benchmark for pre-rule nonexempt Spanish language programming is 
January 1, 2005, after which 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. Beginning January 1, 2012, and thereafter, 75% 
of the programming distributor's pre-rule nonexempt Spanish language 
video programming must be provided with closed captioning.

Federal Communications Commission.
Margaret M. Egler,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 04-2088 Filed 2-2-04; 8:45 am]
BILLING CODE 6712-01-P