FCC Releases Television IP Captioning Rules

January 2012

Editor: This is very good news! These rules require plug many of the holes that have long existed in captioning requirements. The folks at the Coalition of Organizations for Accessible Technology (COAT) have created this summary of the new rules. You can visit them at http://www.coataccess.org . You can view the FCC's 100+ page document at http://www.fcc.gov/document/closed-captioning-internet-protocol-delivered-video-programming-0

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COAT is enormously pleased that on Friday January 13, 2012 the FCC released the long-awaited rules for Internet Protocol (IP) TV captioning. This rule is a major component of the 21st CVAA implementation. You can see the FCC Order and accompanying statements by the Commissioners online here. Deeply involved in the rulemaking process were many leading COAT organizations -- TDI, NAD, HLAA, ALDA, DHHCAN, CPADO, CSD, AAPD, Trace Research Center, TAP at Gallaudet, and other friends such as IPR at Georgetown and several other individuals. NAD leadership was essential to the process as were allies at the FCC, Karen Peltz Strauss and Rosaline Crawford.

The FCC Order (attached below in Word) says the new rules:

* cover devices that receive and play back video programming, such as TV via smartphones, tablets, personal computers, and television set-top boxes;

* include "integrated software" in covered devices (that is, software installed in the device by the manufacturer before sale or that the manufacturer requires the consumer to install after sale);

* include all recording devices and removable media players;

* exclude professional and commercial equipment from the requirements;

* exempt display-only monitors;

* require apparatus to display or pass-through closed captioning on each of their video outputs;

* do not grant blanket waivers or exempt any device or class of devices;

* modify the existing television receiver closed captioning decoder requirements to conform to new screen size and achievability provisions;

* set a compliance deadline of January 1, 2014 for devices;

* require video programming owners to send required caption files for IP-delivered video programming to video programming distributors and providers along with program files;

* require video programming distributors and providers to enable the rendering or pass through of all required captions to the end user, including through the hardware or software that a distributor or provider makes available for this purpose;

* require video programming owners and video programming distributors and providers to agree upon a mechanism to make available to video programming distributors and providers information on video programming that is subject to the IP closed captioning requirements on an ongoing basis;

* require video programming owners to provide video programming distributors and providers with captions of at least the same quality as the television captions for the same programming;

* require distributors and providers to maintain the quality of the captions provided by the video programming owner.

* set up a schedule of deadlines for differently released programming (e.g., prerecorded programming not edited for Internet distribution, live and near-live programming, prerecorded programming edited for Internet distribution, archival content, programming already in the video programmer distributor's library);

* allow an exemption based on economic burden;

* permit entities to comply with the new requirements by alternate means; and

* adopt a complaints procedure.

According to Christian Vogler of Gallaudet University -- a participant on the FCC's Video Programming Accessibility Advisory Committee (VPAAC) and which includes several other COAT organizational representatives and friends -- the FCC adopted many of the VPAAC's recommendations. These included:

* the deadlines recommended by the VPAAC;

* content not edited from showing on TV will be covered in 6 months, live and near-live content in 12 months, and content edited from the TV showing in 18 months;

* all devices that have a video player capable of showing video programming are covered starting in 2014, including mobile devices;

* the HDMI hole is closed (hooray!). Starting in 2014, DVD and BluRay players must support CC over HDMI with set-top boxes also required to support them.

* caption quality requirements with respect to fonts, sizes, etc. were adopted.

Among other VPAAC recommendations, content already on the Internet is covered (that is, it must be captioned) if it is shown on TV again after the deadline, but the providers have a 45-day grace period to add captions. This grace period will decrease to 15 days after four years. The VPAAC had asked for zero days after a set time period. While caption quality on the Internet must be at least as good as on TV, this is not very well-defined.

Vogler points out that video clips are not covered, unless a full-length program is cut up and substantially put on the Internet in its entirety in multiple clips. This may mean that many news sites are not covered, depending on how much of their TV program they put on the web. This is in opposition to the January 10, 2012 letter from Rep. Ed Markey and Sen. Mark Pryor (Congressional sponsors of the CVAA) sent to the FCC recently.