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Effective Dates Established for FCC’s Amended Closed Captioning Rules

February 26 , 2010
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In November 2008, the FCC modified its closed captioning rules to, among other things, simplify the closed captioning complaint process and make it easier for consumers to raise immediate closed captioning concerns and file written complaints relating to closed captioning issues (see our “Memorandum to Clients” dated November 21, 2008).

Recently these changes were published in the Federal Register, establishing effective dates for the new rules. Specifically, rule changes affecting response times for handling closed captioning complaints became effective immediately (on February 19, 2010), while rule changes requiring video programming providers (“VPDs”) to publish contact information for receipt of closed captioning concerns in bills, telephone directories and on their websites, as well as to provide such information to the FCC, will go into effect March 22, 2010.

            As effective, the new rules take into account the FCC’s recent modifications to the rules to address subscriber privacy concerns and issues relating to the provision of closed captioning contact information in telephone directories and to the FCC (see our “Memorandums to Clients” dated December 15, 2009 and February 18, 2010). A summary of the new rules, including these recent modifications, is provided below.

            New Closed Captioning Complaint Timelines. Under the new rules, closed captioning complaints must be filed within 60 days of a captioning problem. Complaints first filed with the Commission will be forwarded to the VPD. The VPD must then respond within 30 days of receipt. Responses to complaints first filed with the VPD are due within 30 days of receipt. A VPD receiving a complaint regarding programming of a broadcaster or other programming over which the VPD has no editorial control (e.g., leased access programming or public, educational and government (PEG) programming) should promptly provide the complainant with contact information for the party responsible for closed captioning so that he/she can follow up with the programming source directly.

The new timeframes represent a significant change from the previous rules, which often permitted consumers to file complaints several months after an alleged violation occurred and gave VPDs at least 45 days to respond to complaints received from consumers directly. In addition, consumers were previously required to first submit complaints to the VPD before seeking redress from the Commission. The new rules permit the filing of complaints either with the VPD or with the Commission because consumers often have difficulty determining the party responsible for captioning compliance, and thus where to seek assistance regarding their closed captioning concerns. To help ensure that the complaint accurately reflects the concerns of the complainant, however, the rules continue to require that complaints be in writing (i.e., e-mail, fax, or letter form).

Provision of Closed Captioning Contact Information. The new rules also require VPDs to make certain contact information available to consumers to make it easier for them to report closed captioning problems and file complaints.

For immediate concerns, such as captions suddenly disappearing or becoming garbled, VPDs must designate a telephone number, fax number, and e-mail address for purposes of receiving and responding to these issues. Although not requiring any alteration of hours of operation or hours during which staff is available, where staff is on hand to address technical issues that may arise during the course of transmitting programming, they must also be able to address closed captioning issues. VPDs must take measures to readily accommodate incoming calls placed through a Telecommunications Relay Service (TRS) operator, and in situations where a distributor is not immediately available to respond to closed captioning issues, any inquiries received using this dedicated contact information should be addressed within 24 hours.

For closed captioning complaints submitted in writing, VPDs must provide contact information for the person with primary responsibility for closed captioning compliance, which should include the person’s name, title or office, telephone number, fax number, postal mailing address and e-mail address.

Both types of contact information must be included on the VPD’s website, in telephone directories, and in billing statements to the extent they exist. With respect to telephone directory publication, the FCC recently clarified that VPDs must only include closed captioning contact information in those directories in which they place commercial listings. A commercial listing might include: a paid advertisement or other paid listing that contains more than merely name, location, and telephone number; a listing in larger, bolded, or highlighted font as compared to a standard listing; or a listing of a toll-free (rather than a local) number.

VPDs are also be required to file (and periodically update) both types of contact information with the Commission for placement on the FCC’s website. The FCC encourages VPDs to utilize the webform it has established for these purposes (available at https://esupport.fcc.gov/vpd-data/login!input.action) to ensure greater accuracy of the information provided.

Please feel free to call with any questions or if we may assist with review of your company’s closed captioning compliance measures.

The rules as adopted in November 2008 would have required VPDs to forward the complaint within seven days to the responsible party and inform the complainant that it had done so. However, the FCC recently suspended this requirement because it would potentially require VPDs to disclose personally identifiable information about their subscribers to third parties in conflict with the subscriber privacy protections of the Communications Act. The FCC intends to consider this issue further in a future proceeding.