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FCC Issues Reminder Concerning the January 1, 2008 Benchmark for Closed Captioning of English “Pre-Rule” Nonexempt Video Programming
August 30, 2007
The FCC released the attached public notice to remind video programming distributors (“VPDs”), including broadcasters, cable operators and DBS providers, of the upcoming benchmark for closed captioning of nonexempt “pre-rule,” English-language video programming. As indicated in the notice, beginning January 1, 2008, VPDs are required to caption at least 75% (up from 30%) of all such programming, as measured on a per channel, per quarter basis. “Pre-rule” programming is defined as nonexempt analog or digital video programming that was first published or exhibited before January 1, 1998 (for analog), or before July 1, 2002 (for digital).
VPDs also should be mindful that the upcoming January 1 benchmark is a separate requirement from the obligation to make emergency information accessible to persons with hearing and vision disabilities. Although VPDs are entitled to relief from closed captioning of non-emergency programming under certain circumstances, none of these exemptions apply with respect to the obligation to make emergency information accessible to the hearing and visually impaired.
We would be pleased to respond to any questions regarding closed captioning compliance issues.
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