[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Proposed Rules]
[Pages 65052-65054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30549]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 76
[MM Docket No. 95-176; FCC 95-484]
In the Matter of Closed Captioning and Video Description of Video
Programming
AGENCY: Federal Communications Commission.
ACTION: Notice of inquiry.
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SUMMARY: This Notice of Inquiry solicits comment on the current
availability, cost, and uses of closed captioning and video description
of television video programming. This information will provide the
Commission a record on these important services, which benefit
individuals with disabilities. It will also enable the Commission to
assess what further actions may be appropriate to promote these
services.
dates: Interested parties may file comments on or before January 29,
1996, and reply comments on or before February 14, 1996.
ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: Charles Logan, (202) 776-1653.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Notice of Inquiry in MM Docket No. 95-176, FCC 95-484, adopted December
1, 1995 and released on December 4, 1995. The complete text of this
Notice is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W.,
Washington, D.C., and also may be purchased from the Commission's copy
contractor, International Transcription Service, Inc., 2100 M Street,
N.W., Suite 140, Washington, DC 20037, (202) 857-3800.
Synopsis of Notice of Inquiry
1. The Notice seeks information on the current availability, cost,
and uses of closed captioning and video description, and also asks
comment on what further Commission actions may be appropriate to
promote these services. It also seeks comment on the appropriate means
of promoting their wider use in programming delivered by television
broadcasters, cable operators, and other video programming providers.
I. Background
2. Captioning is similar to subtitles in that it displays the audio
portion of a television signal as printed words on the television
screen. To assist viewers who are hearing disabled, captions also
identify speakers, sound effects, music, and laughter. Video
description provides audio descriptions of a program's key visual
elements that are inserted during the natural pauses in the program's
dialogue.
3. Both the Senate and the House of Representatives have passed
bills (H.R. 1555 and S. 652), which, if enacted, would require the
Commission to adopt regulations to ensure that video programming is
accessible to persons with hearing disabilities through the provision
of closed captioning, including requiring ``video programming providers
or owners'' to maximize the accessibility of previously published or
exhibited programs by adding closed captioning. Both bills would allow
the Commission to exempt programs from these requirements in certain
circumstances, including circumstances where the closed captioning
would impose an unreasonable financial burden. The House bill would
require the Commission to conduct an inquiry into the current extent of
closed captioning as well as other issues. In addition, both bills
would require the Commission to study the use of video description. The
House bill further provides that the Commission may adopt regulation it
deems necessary to promote the accessibility of video programming to
persons with visual impairments.
II. The Public Interest Benefits of Closed Captioning and Video
Description
4. The Notice asks parties to elaborate on the importance and
nature of the public interest benefits of closed captioning and video
description. It asks parties to submit information regarding the number
of individuals with hearing and vision disabilities in this country who
can benefit from these innovations, including the basis for such
estimates.
[[Page 65053]]
Are the number of persons with hearing and vision disabilities expected
to grow in the coming years, particularly due to the aging of the
population? What proportion of the persons with such disabilities
require closed captioning or video description to enjoy television
programming, and what proportion currently utilize these technologies?
In addition, the Commission requests comment on the number of children
with hearing and vision disabilities that can benefit from either
closed captioning or video description, and the nature of these
benefits. The Notice also seeks comments on other public interest
benefits of closed captioning and video description, such as teaching
literacy skills to children and illiterate adults.
III. Availability of Closed Captioning and Video Description
5. The Notice asks commenters to provide data regarding the current
availability of closed captioning of television video programming. Has
the amount of closed captioning been increasing in recent years, or has
it reached a plateau? The Commission is particularly interested in data
on availability and any discernible trends regarding the following
categories: (1) Program Source. What is the current availability of
closed captioning according to the source of the programming--broadcast
network, basic cable and premium cable networks, syndicated
programming, locally-produced programming, local and nationally
produced public television programming? (2) Other Delivery Systems. To
what extent is programming carried on wireless cable, satellite master
antenna systems, direct-to-home satellite services (including direct
broadcast satellite), and local exchange carriers/video dialtone
services closed captioned? (3) Program Type. To what extent are each of
the following types of programs closed captioned (on the media within
the scope of FCC jurisdiction): entertainment programs, local and
national news, documentaries, public affairs programming, children's
educational programming, other types of children's programming, sports,
movies, cable public access programming, and live vs. pre-recorded
programming? (4) Previously Published Programming. The Commission
solicits comment on the extent of closed captioning of previously
published or exhibited programs, such as reruns and movies, that will
be shown to television audiences again. (5) Market Size and Other
Factors. The Commission also requests comment on the degree to which
closed captioning varies by the size of the video programming provider
or producer, by market size, and by whether an entity is affiliated
with a broadcast network or multiple cable system operator.
6. The Commission also seeks comment on the current availability of
video description, including its availability within each of the
categories described in its discussion of the availability of closed
captioning. It also requests comment on the estimated number of U.S.
households that have stereo television receivers, a VCR, or television
adaptor capable of receiving video descriptions via the Second Audio
Program channel.
7. The Commission asks parties to comment on the impact that
implementation of Advanced Television (``ATV''), and the use of digital
technology, may have on the provision of closed captioning and video
description on video programming carried by broadcasters and other
program providers.
IV. The Cost of Closed Captioning and Video Description
8. The Notice requests information on the current costs of
providing closed captioning and video description of new as well as
previously published or exhibited television programming. What is the
cost of the computer hardware and software, as well encoding and other
equipment, necessary for these services? What are the current rates for
closed captioning and video description services for both prerecorded
and live, ``real-time'' programming? Are these rates uniform throughout
the country? Do the rates vary by program type, the type of delivery
system, or other factors? What is the overall cost of providing closed
captioning or video description of different types of programs?
9. The Commission also requests comment on the adequacy of the
supply of closed captioning and video description services. In
addition, it seeks comment on the governmental and nongovernmental
funding sources for these services.
V. Market Incentives for Closed Captioning and Video Description
10. The Notice solicits comment on the role free-market forces have
played and can play in promoting the provision of closed captioning of
video programming. For example, are advertisers actively seeking to
market to individuals with hearing impairments, which could in turn
encourage closed captioning of television programming? How does the
audience size of a particular program influence the likelihood that the
program will be closed captioned? Are there presently a sufficient
number of decoder-equipped television receivers in the market to
provide the hoped-for incentive for the television industry to provide
closed captioning? The Commission also requests comment on the role
market-based incentives can play in fostering video description.
VI. Inquiry Regarding Mandatory Captioning and Video Description
Requirements
11. As noted, there is legislation pending in Congress that
generally would require closed captioning of video programming and
which would require the Commission to examine the means of promoting
video description. Before these mandatory requirements become law, the
legislation must pass both Houses of Congress and be signed by the
President. Alternatively, the Commission could assess the possibility
of adopting regulatory requirements in this area under it existing
statutory authority. The Commission is not presently proposing such
action, but it requests comment on the general form any mandatory
closed captioning or video description requirements should take if they
are deemed necessary. It particularly seeks comment on the following
matters: (1) The application of mandatory requirements (i.e., which
entities (e.g., program producers, video programming distributors)
should be subject to any mandatory requirements); (2) Exemptions to any
mandatory requirements due to financial burden or other factors; (3)
Technical and quality standards; (4) The appropriate timetables for
implementing any closed captioning or video description requirements
that may be imposed; (5) Strategies to improve competition and
innovation in the provision of these services.
12. The pending Senate and House bills, if enacted, would provide
express statutory authority for imposing mandatory closed captioning
requirements. The House bill would also permit the Commission to adopt
regulations to promote the accessibility of video programming to
persons with visual disabilities after conducting an inquiry into video
description. However, the Commission seeks comment on the scope of its
authority under current law to adopt regulations imposing either closed
captioning or video description requirements on broadcast television
licensees, cable operators, wireless cable systems, SMATV operators,
direct-to-home satellite services, and local exchange carrier/video
dialtone systems, as well as on producers/owners and other distributors
of such programming.
[[Page 65054]]
Commenters should address with specificity the basis for their views
concerning the Commission's authority, and also address any other legal
constraints that they believe may apply in this area.
Administrative Matters
13. Pursuant to applicable procedures set forth in Sections 1.415
and 1.419 of the Commission's Rules, 47 C.F.R. Secs. 1.415, 1.419,
interested parties may file comments on or before January 29, 1996, and
reply comments on or before February 14, 1996. All relevant and timely
comments will be considered by the Commission before final action is
taken in this proceeding. To file formally in this proceeding, parties
must file an original and four copies of all comments, reply comments
and supporting comments. If parties want each Commissioner to receive a
personal copy of their comments, an original plus nine copies must be
filed. Comments and reply comments should be sent to the Office of the
Secretary, Federal Communications Commission, 1919 M Street, N.W.,
Washington, D.C. 20554. Comments and reply comments will be available
for public inspection during regular business hours in the FCC
Reference Center (Room 239) of the Federal Communications Commission,
1919 M Street, N.W., Washington, D.C. 20554.
14. There are no ex parte or disclosure requirements applicable to
this proceeding pursuant to 47 CFR Sec. 1.1204(a)(4).
List of Subjects
47 CFR Part 73
Television broadcasting.
47 CFR Part 76
Cable television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-30549 Filed 12-15-95; 8:45 am]
BILLING CODE 6712-01-P
