§ 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 owner. Any person or entity that either:

   (i) Licenses video programming to a video programming distributor or
   provider that is intended for distribution to residential households;
   or

   (ii) Acts as the video programming distributor or provider and also
   possesses the right to license linear video programming to a video
   programming distributor or provider that is intended for distribution
   to residential households.

   (13) 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 programming. (i) Video programming distributors
   must ensure that 100% of new, nonexempt English language and Spanish
   language video programming that is being distributed and exhibited on
   each channel during each calendar quarter is closed captioned.

   (ii) Video programmers must provide closed captioning for 100% of new,
   nonexempt English language and Spanish language video programming that
   is being distributed and exhibited on each channel during each calendar
   quarter.

   (2) Requirements for pre-rule programming. (i) Video programming
   distributors must ensure that 75% of pre-rule, nonexempt English
   language and Spanish language video programming that is being
   distributed and exhibited on each channel during each calendar quarter
   is closed captioned.

   (ii) Video programmers must provide closed captioning for 75% of
   pre-rule, nonexempt English language and Spanish video programming that
   is being distributed and exhibited on each channel during each calendar
   quarter.

   (3) 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 programmer 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 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 video programmer through
   the price of the video programming to that video programming provider.
   To be an allowable allocated cost, a video programmer may not allocate
   more than 100 percent of the costs of captioning to individual video
   programming providers. A video programmer 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 ensure the
   provision of 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) Filing closed captioning complaints.
   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 after the
   problem with captioning.

   (2) Complaints filed with the Commission. A complaint filed with the
   Commission must be in writing, must state with specificity the alleged
   Commission rule violated, and must include:

   (i) The consumer's name, postal address, and other contact information,
   if available, such as telephone number or email address, along with the
   consumer's preferred format or method of response to the complaint
   (such as letter, facsimile transmission, telephone (voice/TRS/TTY),
   email, or some other method that would best accommodate the consumer.

   (ii) 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 specific information about the frequency
   and type of problem.

   (3) Process for forwarding complaints. The Commission will forward
   complaints filed first with the Commission to the appropriate video
   programming distributor and video programmer. If the Commission cannot
   determine the appropriate video programmer, the Commission will forward
   the complaint to the video programming distributor and notify the video
   programming distributor of the Commission's inability to determine the
   appropriate video programmer. The video programming distributor must
   respond in writing to the Commission with the name and contact
   information for the appropriate video programmer within ten (10) days
   after the date of such notification. The Commission will then forward
   the complaint to the appropriate video programmer.

   (4) Video programming distributor and video programmer responsibilities
   with respect to complaints forwarded by the Commission. (i) In response
   to a complaint, the video programming distributor must conduct an
   investigation to identify the source of the captioning problem and
   resolve all aspects of the captioning problem that are within its
   control. At a minimum, a video programming distributor must perform the
   following actions as part of its investigation:

   (A) Program stream check. The video programming distributor must
   capture program streams, defined as digitally encoded elementary
   streams such as video, audio, closed captioning, timing, and other data
   necessary for a viewer to receive a complete television viewing
   experience, of the programming network identified in the complaint and
   check the program streams for any caption-related impairments;

   (B) Processing equipment check. If the video programming distributor's
   investigation indicates a problem with the program stream, and there is
   not prior knowledge as to where the problem originated, the video
   programming distributor must check post-processing equipment at the
   relevant headend or other video distribution facility to see if the
   issue was introduced by the video programming distributor or was
   present in the program stream when received by the video programming
   distributor from the video programmer; and

   (C) Consumer premises check. If the video programming distributor's
   investigation indicates that the problem may lie with the consumer's
   customer premises equipment, including the set-top box, the video
   programming distributor must check the end user equipment, either
   remotely or, if necessary, at the consumer's premises, to ensure there
   are no issues that might interfere with the pass through, rendering, or
   display of closed captioning.

   (ii) After conducting its investigation, the video programming
   distributor shall provide a response to the complaint in writing to the
   Commission, the appropriate video programmer, and the complainant
   within thirty (30) days after the date the Commission forwarded the
   complaint. The video programming distributor's response must:

   (A) Acknowledge responsibility for the closed captioning problem and
   describe the steps taken to resolve the problem; or

   (B) Certify that the video programming distributor has conducted an
   investigation into the closed captioning problems in accordance with
   paragraph (g)(4)(i) of this section and that the closed captioning
   problem is not within the video programming distributor's control and
   appears to have been present in the program steam when received by the
   video programming distributor; or

   (C) Certify that the video programming distributor has conducted an
   investigation into the closed captioning problems in accordance with
   paragraph (g)(4)(i) of this section and that the closed captioning
   problem appears to have been caused by a third party DVR, television,
   or other third party device not within the video programming
   distributor's control.

   (iii) If the video programming distributor provides a certification in
   accordance with paragraph (g)(4)(ii)(B) of this section, the video
   programmer to whom the complaint was referred must conduct an
   investigation to identify the source of the captioning problem and
   resolve all aspects of the captioning problem that are within its
   control.

   (A) The video programmer may call upon the video programming
   distributor for assistance as needed, and the video programming
   distributor must provide assistance to the video programmer in
   resolving the complaint, as needed.

   (B) After conducting its investigation, the video programmer must
   provide a response to the complaint in writing to the Commission, the
   appropriate video programming distributor, and the complainant within
   thirty (30) days after the date of the video programming distributor's
   certification. Such response either must describe the steps taken by
   the video programmer to correct the captioning problem or certify that
   the video programmer has conducted an investigation into the closed
   captioning problems in accordance with paragraph (g)(4)(iii) of this
   section and that the captioning problem was not within its control, for
   example, because the program stream was not subject to the closed
   captioning problem at the time the program stream was handed off to the
   video programming distributor.

   (C) If the video programmer certifies pursuant paragraph (g)(4)(iii)(B)
   of this section that the captioning problem was not within its control,
   and it has not been determined by either the video programmer or the
   video programming distributor that the problem was caused by a third
   party device or other causes that appear not to be within the control
   of either the video programming distributor or the video programmer,
   the video programming distributor and video programmer shall work
   together to determine the source of the captioning problem. Once the
   source of the captioning problem is determined, the video programming
   distributor and video programmer shall each correct those aspects of
   the captioning problem that are within its respective control. Within
   thirty (30) days after the date of the video programmer's certification
   provided pursuant to paragraph (g)(4)(iii)(B) of this section, the
   video programming distributor, after consulting with the video
   programmer, shall report in writing to the Commission and the
   complainant on the steps taken to correct the captioning problem.

   (5) Complaints filed with video programming distributors. (i) If a
   complaint is first filed with the video programming distributor, the
   video programming distributor must respond in writing to the
   complainant with thirty (30) days after the date of the complaint. The
   video programming distributor's response must either:

   (A) Acknowledge responsibility for the closed captioning problem and
   describe to the complainant the steps taken to resolve the problem; or

   (B) Inform the complainant that it has referred the complaint to the
   appropriate video programmer or other responsible entity and provide
   the name and contact information of the video programmer or other
   responsible entity and the unique complaint identification number
   assigned to the complaint pursuant to paragraph (g)(5)(ii)(B) of this
   section; or

   (C) Inform the complainant that the closed captioning problem appears
   to have been caused by a third party DVR, television, or other third
   party device not within the video programming distributor's control.

   (ii) If the video programming distributor determines that the issue
   raised in the complaint was not within the video programming
   distributor's control and was not caused by a third party device, the
   video programming distributor must forward the complaint and the
   results of its investigation of the complaint to the appropriate video
   programmer or other responsible entity within thirty (30) days after
   the date of the complaint.

   (A) The video programming distributor must either forward the complaint
   with the complainant's name, contact information and other identifying
   information redacted or provide the video programmer or other
   responsible entity with sufficient information contained in the
   complaint to achieve the complaint's investigation and resolution.

   (B) The video programming distributor must assign a unique complaint
   identification number to the complaint and transmit that number to the
   video programmer with the complaint.

   (iii) If a video programming distributor forwards a complaint to a
   video programmer or other responsible entity pursuant to paragraph
   (g)(5)(ii) of this section, the video programmer or other responsible
   entity must respond to the video programming distributor in writing in
   a form that can be forwarded to the complainant within thirty (30) days
   after the forwarding date of the complaint.

   (A) The video programming distributor must forward the video
   programmer's or other responsible entity's response to the complainant
   within ten (10) days after the date of the response.

   (B) If the video programmer or other responsible entity does not
   respond to the video programming distributor within thirty (30) days
   after the forwarding date of the complaint, the video programming
   distributor must inform the complainant of the video programmer's or
   other responsible entity's failure to respond within forty (40) days
   after the forwarding date of the complaint.

   (iv) If a video programming distributor fails to respond to the
   complainant as required by paragraphs (g)(5)(i) of this section, or if
   the response received by the complainant does not satisfy the
   complainant, the complainant may file the complaint with the Commission
   within sixty (60) days after the time allotted for the video
   programming distributor to respond to the complainant. The Commission
   will forward such complaint to the video programming distributor and
   video programmer, and the video programming distributor and video
   programmer shall address such complaint as specified in paragraph
   (g)(4) of this section.

   (v) If a video programmer or other responsible entity fails to respond
   to the video programming distributor as required by paragraph
   (g)(5)(iii) of this section, or if a video programming distributor
   fails to respond to the complainant as required by paragraph
   (g)(5)(iii)(A) or (B) of this section, or if the response from the
   video programmer or other responsible entity forwarded by the video
   programming distributor to the complainant does not satisfy the
   complainant, the complainant may file the complaint with the Commission
   within sixty (60) days after the time allotted for the video
   programming distributor to respond to the complainant pursuant to
   paragraph (g)(5)(iii)(A) or (B) of this section. The Commission will
   forward such complaints to the appropriate video programming
   distributor and video programmer, and the video programming distributor
   and video programmer shall handle such complaints as specified in
   paragraph (g)(4) of this section.

   (6) Provision of documents and records. In response to a complaint, a
   video programming distributor or video programmer is obligated to
   provide the Commission with sufficient records and documentation to
   demonstrate that it is in compliance with the Commission's rules.

   (7) Reliance on certifications. Video programming distributors may rely
   on certifications from video programmers made in accordance with
   paragraph (m) of this section to demonstrate compliance with paragraphs
   (b)(1)(i) and (b)(2)(i) of this section. Video programming distributors
   shall not be held responsible for situations where a video programmer
   falsely certifies under paragraph (m) of this section unless the video
   programming distributor knows or should have known that the
   certification is false.

   (8) Commission review of complaints. The Commission will review
   complaints filed with the Commission, including all supporting
   evidence, and determine whether a violation has occurred. The
   Commission will, as needed, request additional information from the
   video programming distributor or video programmer.

   (9) Compliance—(i) Initial response to a pattern or trend of
   noncompliance. If the Commission notifies a video programming
   distributor or video programmer of a pattern or trend of possible
   noncompliance with the Commission's rules for the quality of closed
   captioning by the video programming distributor or video programmer,
   the video programming distributor or video programmer shall respond to
   the Commission within thirty (30) days after the Commission's notice of
   such possible noncompliance, describing corrective measures taken,
   including those measures the video programming distributor or video
   programmer may have undertaken in response to informal complaints and
   inquiries from viewers.

   (ii) Corrective action plan. If, after the date for a video programming
   distributor or video programmer to respond to a notification under
   paragraph (g)(8)(i) of this section, the Commission subsequently
   notifies the video programming distributor or video programmer that
   there is further evidence indicating a pattern or trend of
   noncompliance with the Commission's rules for quality of closed
   captioning, the video programming distributor or video programmer shall
   submit to the Commission, within thirty (30) days after the date of
   such subsequent notification, a written action plan describing specific
   measures it will take to bring the video programming distributor's or
   video programmer's closed captioning performance into compliance with
   the Commission's closed captioning quality rules. In addition, the
   video programming distributor or video programmer shall conduct spot
   checks of its closed captioning quality 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.

   (iii) 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 (g)(8)(ii) 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.

   (iv) Enforcement action. The Commission may take enforcement action,
   which may include admonishments, forfeitures, and other corrective
   actions, without providing a video programming distributor or video
   programmer the opportunity for an initial response to a pattern or
   trend of noncompliance or a corrective action plan, or both, under
   paragraphs (g)(8)(i) and (ii) of this section, for a systemic closed
   captioning quality problem or an intentional and deliberate violation
   of the Commission's rules for the quality of closed captioning.

   (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) Receipt and handling of immediate
   concerns. Video programming distributors shall make publicly available
   contact information for the receipt and handling of immediate closed
   captioning concerns raised by consumers while they are watching a
   program. Video programming distributors must designate a telephone
   number, fax number (if the video programming distributor has a fax
   number), and email address for purposes of receiving and responding
   immediately to any closed captioning concerns. Video programming
   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). Video
   programming distributors shall keep this information current and update
   it to reflect any changes within ten (10) business days for Web sites,
   by the next billing cycle for billing statements, and by the next
   publication of directories. Video programming distributors shall 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
   video programming 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 video programming
   distributor, the staff person receiving the inquiry shall refer the
   matter appropriately for resolution.

   (2) Complaints. Video programming distributors shall make contact
   information publicly 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 the Commission's rules. In addition,
   this contact information shall include the person's title or office,
   telephone number, fax number (if the video programming distributor has
   a fax number), postal mailing address, and email address. Video
   programming 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). Video programming distributors shall keep this information
   current and update it within ten (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 and video programmers shall file contact information with
   the Commission through a web form located on the Commission's Web site.
   Such contact information shall include the name of a person with
   primary responsibility for captioning issues and ensuring compliance
   with the Commission's rules. In addition, such contact information
   shall include the person's title or office, telephone number, fax
   number (if the video programming distributor or video programmer has a
   fax number), postal mailing address, and email address. Contact
   information shall be available to consumers on the Commission's Web
   site or by telephone inquiry to the Commission's Consumer Center. Video
   programming distributors and video programmers shall notify the
   Commission each time there is a change in any of this required
   information within ten (10) business days.

   (j) Captioning quality obligation; standards. (1) [Reserved]

   (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. Video Programmers
   shall ensure that captioning 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.

   (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 the Commission that they adhere
   to Best Practices for video programmers, in accordance with paragraph
   (m) of this section.

   (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.

   (vi) [Reserved]

   (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.

   (l) [Reserved]

   (m) Video programmer certification. (1) On or before July 1, 2017, or
   prior to the first time a video programmer that has not previously
   provided video programming shown on television provides video
   programming for television for the first time, whichever is later, and
   on or before July 1 of each year thereafter, each video programmer
   shall submit a certification to the Commission through a web form
   located on the Commission's Web site stating that:

   (i) The video programmer provides closed captioning for its programs in
   compliance with the Commission's rules; and

   (ii) The video programmers' programs either satisfy the caption quality
   standards of paragraph (j)(2) of this section; or 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.

   (2) If all of video programmer's programs are exempt from the closed
   captioning rules under one or more of the exemptions set forth in this
   section, in lieu of the certification required by paragraph (m)(1) of
   this section, the video programmer shall submit a certification to the
   Commission through a web form located on the Commission's Web site
   stating that all of its programs are exempt from the closed captioning
   rules and specify each category of exemption claimed by the video
   programmer.

   (3) If some of a video programmer's programs are exempt from the closed
   captioning rules under one or more of the exemptions set forth in this
   section, as part of the certification required by paragraph (m)(1) of
   this section, the video programmer shall include a certification
   stating that some of its programs are exempt from the closed captioning
   rules and specify each category of exemption claimed by the video
   programmer.

   (4) A television broadcast station licensed pursuant to part 73 of this
   chapter or a low power television broadcast station licensed pursuant
   to part 74, subpart G, of this chapter, or the owner of either such
   station, is not required to provide a certification for video
   programming that is broadcast by the television broadcast station.

   [ 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;
    81 FR 57485 , Aug. 23, 2016]

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