Lawyer Article

Media Bureau EEO Form 396-C

The Commission has released a Public Notice announcing that its Form 396-C, Multi-Channel Video Programming Distributor EEO Program Annual Report (September 2003 Edition), is due to be filed electronically with the Commission by midnight on September 30, 2005. A number of cable operators have been selected to provide a Supplemental Investigation Sheet. We will advise you if you have been selected.

Users can access the electronic filing system via the Internet from the Commission’s Web Site at: this link.

Please let us know if you require any assistance in the completion and submission of this report.

Commission Initiates Proceeding to Examine Closed Captioning Rules

The Commission has granted a Petition for Rule Making submitted by Telecommunications for the Deaf, Inc. (“TDI Petition”) with respect to its closed captioning rules. The Commission seeks comment on 1) the current status of the Commission’s closed captioning rules in ensuring that video programming is accessible to deaf and hard of hearing Americans; 2) whether any revisions should be made to enhance the effectiveness of those rules; and 3) several compliance and quality issues relating to closed captioning that were raised in the TDI Petition.

The Communications Act requires the Commission to prescribe rules and implementation schedules for the captioning of video programming. The rules require that all video programming distributors, including over-the-air broadcast television services and all multichannel video programming distributors (“MVPDs”) (including cable television, direct-to-home satellite services, wireless cable systems, satellite master antenna television, and open video systems) increase gradually the amount of captioned programming offered and generally require that 100% of new programming be closed captioned as of January 1, 2006, subject to certain exceptions.

In July 2000, the Commission amended the closed captioning rules to require an increasing amount of digital programming to be captioned and adopted the same benchmark transition period for new and pre-rule digital programming as exists for analog programming. As of January 1, 2006, 100% of new nonexempt analog and digital English language video programming must be captioned.

The TDI Petition sought to “establish additional enforcement mechanisms to better implement the captioning rules, and to establish captioning quality standards to ensure high quality and reliable closed-captioning.” The Commission stated, however that, “the main objective of this NPRM is to seek comment on whether our closed captioning rules as currently constituted are the most effective and efficient way of ensuring that television viewing is available to the millions of deaf and hard of hearing Americans.” Comment is also sought on rules that will enhance the effectiveness of closed captioning.

Comments are due forty five days after publication of the item in the Federal Register. Replies are due 15 days later. If you would like a copy of the Notice of Proposed Rulemaking, are interested in commenting or have any questions about this client alert or any other issues, please contact Mark Palchick via email or via phone at (202) 857-4411 or Howard Barr.