**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of:                | * | CSR 5459                     |
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| Home Shopping Club L.P.          | ) |                              |
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| Petition for Partial             | * |                              |
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**MEMORANDUM OPINION AND ORDER**

**Adopted: April 26, 2001 Released: April 27, 2001**

By the Chief, Cable Services Bureau:

1.  In the above-captioned proceeding, HSN L.P. ("HSN")[^1] filed a
    petition for partial reconsideration or clarification of the
    Bureau's June 15, 2000 decision denying HSN's request for waiver of
    the Commission's closed captioning requirements.[^2] HSN argues that
    it requires a reasonable amount of time to come into compliance with
    the Commission's rules, and submits that allowing it a year from the
    adoption of the *Bureau's Order* is appropriate.

2.  In its initial petition, HSN claimed that closed captioning of the
    video programming it distributes constitutes an undue burden. After
    considering the four statutory factors as required by Section 713(e)
    of the Communications Act of 1934, as amended ("the Act"), the
    Bureau found that HSN had not demonstrated that closed captioning
    requirements would constitute an undue burden.[^3] The *Bureau
    Order* noted the Commission's finding that the spoken dialog in
    programs that use graphics and text to sell products or services
    such as HSN's adds information that would be lost to consumers with
    hearing disabilities.[^4] The *Bureau Order* noted that on two
    previous occasions, the Commission rejected requests to exempt
    shop-at-home programming such as HSN\'s from the closed captioning
    rules.[^5]

3.  HSN maintains that it requires sufficient time to install equipment
    and train personnel to ensure that its closed captioning is as
    accurate as possible. Given the finding on several occasions that
    closed captioning of HSN's programming will convey important
    information that is otherwise unavailable to consumers with hearing
    disabilities, and the finding that providing closed captioning for
    such programming does not constitute an undue burden, we find that
    HSN should commence closed captioning within 30 days. We expect HSN
    to report to the Commission on the status of its closed captioning.

4.  Accordingly, **IT IS ORDERED** that the petition for partial
    reconsideration or clarification filed by HSN L.P. **IS DENIED** to
    the extent indicated above.

5.  **IT IS FURTHER ORDERED** that HSN L.P. **SHALL COMMENCE
    COMPLIANCE** with Section 79.1 of the Commission's rules within
    thirty (30) days.[^6]

6.  **IT IS FURTHER ORDERED** that HSN L.P. **SHALL FILE A REPORT**
    detailing the progress of its efforts to achieve compliance with
    Section 79.1 of the Commission's rules within sixty (60) days.

7.  This action is taken pursuant to delegated authority by Section
    0.321 of the Commission\'s rules.[^7]

FEDERAL COMMUNICATIONS COMMISSION

Deborah A. Lathen

Chief, Cable Services Bureau

[^1]: Home Shopping Club, L.P., filed the initial petition in this
    proceeding. Petitioner has since changed its name to HSN L.P.

[^2]: *Home Shopping Club, L.P.,* Memorandum Opinion and Order, 15 FCC
    Rcd 10790 (2000) ("*Bureau Order"*).

[^3]: 47 U.S.C. § 613(e). The factors the Commission is required to
    consider include: (a) the nature and cost of the closed captions for
    the programming; (b) the impact on the operation of the provider or
    program owner; (c) the financial resources of the provider or
    program owner; and (d) the type of operations of the provider or
    program owner.

[^4]: *Bureau Order* at 10794.

[^5]: *Id*.

[^6]: 47 C.F.R. § 79.1.

[^7]: 47 C.F.R. § 0.321.