**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | ET Docket No. 99-254         |
|                                  | * |                              |
| Closed Captioning Requirements   | ) | MM Docket No. 95-176         |
| for                              | * |                              |
|                                  | * |                              |
| Digital Television Receivers     |   |                              |
|                                  | * |                              |
| Closed Captioning and Video      | * |                              |
| Description of Video             | ) |                              |
| Programming, Implementation of   | * |                              |
| Section 305 of the               | * |                              |
| Telecommunications Act of 1996,  |   |                              |
| Video Programming Accessibility  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**REPORT AND ORDER**

**Adopted: July 21, 2000 Released: July 31, 2000**

By the Commission: Commissioner Furchtgott-Roth concurring in part,
dissenting in part, and issuing a statement.

**INTRODUCTION**

1.  By this action, we amend Part 15 of our rules to adopt technical
    standards for the display of closed captions on digital television
    (DTV) receivers. The Television Decoder Circuitry Act of 1990
    ("TDCA") requires generally that television receivers contain
    circuitry to decode and display closed captioning.[^1] The
    introduction of digital television requires the Commission to update
    its rules to fulfill its continuing obligations under the TDCA to
    ensure that closed captioning service continues to be available to
    consumers. We also clarify the compliance date for including closed
    captions in digital programming.

    **BACKGROUND**

2.  Closed captioning is an assistive technology designed to provide
    access to television for persons with hearing disabilities. Through
    captioning, the audio portion of the programming is displayed as
    text superimposed over the video. Closed captioning information is
    encoded and transmitted within the television signal. The closed
    captioning text is not ordinarily visible. In order to view closed
    captioning, viewers must use either a set-top decoder or a
    television receiver with integrated decoder circuitry.

3.  The TDCA requires that "apparatus designed to receive television
    pictures broadcast simultaneously with sound be equipped with
    built-in decoder circuitry designed to display closed-captioned
    television transmissions when such apparatus is manufactured in the
    United States or imported for use in the United States, and its
    television picture screen is 13 inches or greater in size."[^2] The
    TDCA further states that "\[a\]s new technology is developed, the
    Commission shall take such action as the Commission determines
    appropriate to ensure that closed-captioning service continues to be
    available to consumers."[^3] The Commission adopted rules to
    implement the provisions of the TDCA in 1991. The rules, in Section
    15.119, provide standards for the display of closed captioned text
    on analog television receivers, the only receivers in use at that
    time.[^4] The introduction of digital broadcasting now requires the
    Commission to update its rules to fulfill its continuing obligations
    under the TDCA.

4.  The Commission's DTV proceeding incorporated an industry approved
    transmission standard for DTV broadcasts into its rules.[^5] The
    standard included a data stream reserved for closed captioning
    information, however, specific instructions for implementing closed
    captioning services for digital television were not included. The
    Electronics Industries Alliance (EIA)[^6] has since adopted a
    standard, EIA-708, which provides guidelines for encoder and decoder
    manufacturers as well as caption providers to implement closed
    captioning services with digital television technology.[^7] In the
    Notice of Proposed Rulemaking (NPRM) in this proceeding the
    Commission proposed to adopt a minimum set of technical standards
    for closed caption decoder circuitry for digital television
    receivers in accordance with Section 9 of EIA-708 and to require the
    inclusion of such decoder circuitry in digital television
    receivers.[^8]

5.  In response to the NPRM, sixteen parties filed comments. Thirty-four
    party filed reply comments. Commenters included advocacy groups,
    manufacturers of consumer electronic equipment, trade organizations
    representing broadcast and cable interests, private citizens, and
    caption service providers. A list of commenting parties is included
    as Appendix A.

    **SUMMARY OF REQUIREMENTS**

    Based on the comments received, in this Order we the following
    requirements:

    [Decoder Operation]{.underline}

    The Order adopts the requirement of Section 9 of EIA-708, with the
    following modifications:

-   Decoders must support the standard, large, and small caption sizes
    and must allow the caption provider to choose a size and allow the
    viewer to choose an alternative size.

-   Decoders must support the eight fonts listed in EIA-708.[^9] Caption
    providers may specify 1 of these 8 font styles to be used to write
    caption text. Decoders must include the ability for consumers to
    choose among the eight fonts. The decoder must display the font
    chosen by the caption provider unless the viewer chooses a different
    font.

-   Decoders must implement the same 8 character background colors as
    those that Section 9 requires be implemented for character
    foreground (white, black, red, green, blue, yellow, magenta and
    cyan).

-   Decoders must implement options for altering the appearance of
    caption character edges.

-   Decoders must display the color chosen by the caption provider, and
    must allow viewers to override the foreground and/or background
    color chosen by the caption provider and select alternate colors.

-   Decoders must be capable of decoding and processing data for the six
    standard services, but information from only one service need be
    displayed at a given time.

-   Decoders must include an option that permits a viewer to choose a
    setting that will display captions as intended by the caption
    provider (a default). Decoders must also include an option that
    allows a viewer's chosen settings to remain until the viewer chooses
    to alter these settings, including during periods when the
    television is turned off.

-   Cable providers and other multichannel video programming
    distributors must transmit captions in a format that will be
    understandable to this decoder circuitry in digital cable television
    sets when transmitting programming to digital television devices.

[Covered Devices]{.underline}

-   All digital television receivers with picture screens in the 4:3
    aspect ratio measuring at least 13 inches diagonally, digital
    television receivers with picture screens in the 16:9 aspect ratio
    measuring 7.8 inches or larger vertically (this size corresponds to
    the vertical height of an analog receiver with a 13 inch diagonal),
    and all DTV tuners, shipped in interstate commerce or manufactured
    in the United States must comply with the minimum decoder
    requirements we are adopting here.

-   The rules apply to DTV tuners whether or not they are marketed with
    display screens.

-   Converter boxes used to display digital programming on analog
    receivers must deliver the encoded "analog" caption information to
    the attached analog receiver.

[Compliance Dates]{.underline}

-   Manufacturers must begin to include DTV closed caption functionality
    in DTV devices in accordance with the rules adopted in the Order by
    July 1, 2002.

-   As provided for in the Commission\'s rules establishing requirements
    for the closed captioning of video programming adopted in a 1997
    Order, programming prepared or formatted for display on digital
    television receivers before the date that digital television
    decoders are required to be included in digital television devices
    is considered \"pre-rule\" programming. As stated above, this order
    establishes that date as July 1, 2002. Therefore, programming
    prepared or formatted for display on digital television after that
    date will be considered new programming. The existing rules require
    an increasing amount of captioned new programming over an eight-year
    transition period with 100% of all new nonexempt programming
    required to be captioned by January 1, 2006.

    **DISCUSSION**

    **I. [Minimum Decoder Requirements]{.underline}**

    **A. General**

6.  As noted above, EIA-708 is an industry standard addressing closed
    captioning for digital television. It includes a description of the
    transport method for digital television closed captioning (DTVCC)
    data in the DTV signal; a description of DTV specific data packets
    and structures; a specification of how DTVCC information is to be
    processed; and, in Section 9, a set of recommended practices for DTV
    closed captioning decoder manufacturers. Section 9 of EIA-708
    contains the industry's minimum recommendations regarding the
    functions that a DTV closed caption decoder should be capable of
    performing.[^10] The other sections of EIA-708 explain how to
    support implementation of these minimum guidelines and how to
    implement optional additional capabilities. For example, Section 9
    recommends that decoders support one font style, but the standard
    describes how a greater number of fonts may be supported.

7.  The TDCA mandates that the Commission require televisions to have
    built-in decoder circuitry designed to display closed captioned
    television transmissions. It also instructs the Commission to
    provide performance and display standards for such decoder
    circuitry.[^11] In the NPRM, the Commission proposed to require that
    closed caption decoders for digital television function pursuant to
    Section 9 of EIA-708 and proposed to transcribe these requirements
    into Part 15 of our rules. The Commission sought comment on this
    proposal and on whether there are more caption features contained in
    EIA-708 that should be required, beyond those recommended in
    Section 9. The Commission noted that EIA-708 supports user options
    which enable caption display to be customized for a particular
    viewer, enabling that viewer to change the size and appearance of
    captions to suit his or her needs. The Commission noted that the
    standard may permit viewers to change various attributes of caption
    text such as its font, spacing, color, or screen positions and
    enables the distribution of caption text for a particular program at
    different reading levels or in alternate languages simultaneously
    (multiple caption services). The Commission noted that EIA-708
    provides substantial benefits for consumers and substantial
    improvements over current captioning standards.[^12]

8.  Commenters representing the interests of persons with hearing
    disabilities overwhelmingly support the adoption of more than the
    minimum requirements of Section 9 of EIA-708.[^13] They argue that
    only by requiring that decoders implement more than what is
    contained in Section 9 can the Commission achieve its goal of
    providing viewers with the customization, benefits and improvements
    that are available with digital closed captioning. These commenters
    recommend adoption of the entire EIA-708 standard, emphasizing the
    need to have more choice and control with respect to font, color,
    size, and location, and to have multiple streams of captions.[^14]
    They argue that closed captions will remain inaccessible to many
    viewers with hearing disabilities if these features and capabilities
    are not included in closed caption decoders. They contend that
    Section 9 is a least common denominator approach which does not
    provide adequate closed captioning in the digital environment and
    which would not represent any significant improvement over the
    analog status quo.[^15]

9.  Television manufacturers contend that the Commission should mandate
    only what is in Section 9, arguing that this provides manufacturers
    with sufficient guidance for the successful implementation of closed
    captioning in digital television receivers and that manufacturers
    should implement additional features at their discretion. They
    assert that adopting more than Section 9 would be costly; would
    prevent market differentiation; would delay introduction of closed
    caption capable digital televisions; and would be beyond the
    Commission's statutory authority.[^16]

10. As noted previously, the TDCA requires that the Commission ensure
    that closed captioning continues to be available as new technology
    is developed. In enacting the TDCA, Congress stated that "to the
    fullest extent made possible by technology," persons who are deaf
    and hard of hearing "should have equal access to the television
    medium."[^17] Digital technology provides the ability to effectively
    reach a larger portion of the deaf and hard of hearing population.
    And to fulfill the objectives Congress stated in the TDCA. The
    capability to alter fonts, sizes, colors, backgrounds and more, can
    enable a greater number of persons who are deaf and hard of hearing
    to take advantage of closed captioning than can at present. As one
    commenter points out, "the current analog captioning system
    seriously under serves the deaf-low vision population and senior
    citizens in our country, with its one-size fits all approach to
    caption requirements. This proceeding provides the FCC with a
    valuable opportunity to ensure consumers who need captions with
    color contrast, larger character sizes, and fonts suitable to their
    vision impairments are finally afforded access to useful and
    effective captioning."[^18]

11. Congress also noted in the TDCA that closed captions will benefit
    "older Americans who have some loss of hearing."[^19] Digital
    captioning not only will benefit those older Americans who have some
    loss of hearing, but also those older Americans with hearing
    disabilities who also have a visual disability. The ability to alter
    colors, fonts, and sizes offered by digital closed captioning can
    benefit a person with both a hearing disability and a visual
    disability in a way not possible with the current analog captions.

12. Congress also stated that closed captioned television can assist
    both hearing and non-hearing children "with reading and other
    learning skills, and improve literacy skills among adults."[^20]
    Altering closed captioning size can enable younger children to read
    the closed captions. Also, by providing an additional closed caption
    service which offers closed captions appropriate to the reading
    level of children, young children who are deaf or hard of hearing
    who may not be able to read verbatim captions are able to watch and
    understand the program.

13. These benefits of digital captioning technology will accrue only if
    the closed caption decoders have the capability to decode and
    display the features providing such benefits. Only by requiring
    decoders to respond to these various features can we ensure that
    closed captioning will be accessible for the greatest number of
    persons who are deaf and hard of hearing, and thereby achieve
    Congress' vision that to the fullest extent made possible by
    technology, people who are deaf or hard of hearing have equal access
    to the television medium. Accordingly, and for the reasons discussed
    below, we require that closed caption decoders for digital
    television must include certain additional capabilities provided for
    in EIA-708 in addition to those specified in Section 9. We do not,
    however, as requested by some commenters, require implementation of
    the entire EIA-708 standard.

14. Manufacturers provide a number of reasons why we should not require
    anything beyond what is in Section 9.[^21] Thomson argues that any
    mandate beyond the core requirements in Section 9 would impose
    substantial additional costs on manufacturers, although Thomson does
    not provide any specific cost information nor do they refer to what
    specific modifications would increase the cost.[^22] By requiring
    that all decoders support the modifications described below, we
    expect the costs of including closed caption decoder functionality
    in digital receivers to decline rapidly as the receivers are mass
    produced. According to Toshiba, in the long run, the per unit mass
    production cost will be less than a couple of dollars per DTV. [^23]
    In passing the TDCA, Congress stated that technology was then
    available to be built into new television sets during manufacture at
    a nominal cost.[^24] We believe that this is also the case for
    digital televisions today. We agree with WGBH that the requirements
    will not significantly impact costs to consumers for DTV
    devices.[^25] We believe that the cost of including closed
    captioning capability, compared to the overall costs of
    manufacturing DTV receivers, is relatively small, as was the case
    with analog caption decoders.

15. Toshiba argues that adoption of EIA-708 in full would delay the
    introduction of basic digital closed captioning because of the
    finite amount of engineering resources each manufacturer has and
    that each additional feature introduces combinations of complexities
    that must be developed and tested.[^26] However, we are not
    requiring implementation of all of EIA-708, but rather additional
    capabilities of a few core features, as described below. As noted
    below, this Order extends the compliance date beyond what was
    proposed in the NPRM to provide sufficient time for a thorough
    product design and testing period.

16. Toshiba and Thomson also argue that requiring all of EIA-708 would
    prevent market differentiation of DTV receivers based on closed
    captioning capabilities.[^27] We note that although manufacturers
    could have included captioning capabilities beyond what is required
    in analog television sets and marketed their sets based on the
    closed caption capabilities, very few have done so. Commenters have
    not shown that this would be different for digital television.
    Therefore, we find it necessary, in order to comply with the
    statutory intention to provide equal access to television for
    persons who are deaf and hard of hearing, to require that decoders
    contain the additional capabilities requested by commenters. If we
    did not include these additional requirements, we could not be
    certain that decoders would provide viewers who are deaf or hard of
    hearing with the capability to make use of the features necessary
    for them to have access to the captions. If there were not a
    significant majority of decoders with these capabilities, there
    would be insufficient incentive for caption providers to create
    captions that take advantage of certain features.[^28] As a result,
    certain viewers would be left without accessible video programming.
    Finally, we are not requiring all of EIA-708, therefore
    manufacturers will have discretion to include features beyond those
    required by our rules in order to achieve market differentiation.

17. Finally, some commenters argue that the Commission does not have
    authority to require that decoders function any differently from the
    recommendations contained in Section 9.[^29] We disagree. The TDCA
    discusses making television accessible to persons who are deaf and
    hard of hearing "to the fullest extent made possible by
    technology."[^30] As we noted, there are many types of people with
    hearing disabilities, and digital technology makes it possible to
    make television programming accessible to more persons with hearing
    disabilities if decoders are capable of decoding a greater range of
    colors, fonts, sizes, and services. By mentioning technology,
    Congress recognized that technological advances could bring equal
    access to a greater number of viewers. The TDCA specifically states
    that the rules the Commission prescribes under 303(u) "shall provide
    performance and display standards for such built-in decoder
    circuitry."[^31] Further, as television viewers will be taking
    advantage of digital technology, whether for better picture quality
    or additional services, viewers with hearing disabilities should
    also receive the benefits, including the wide range of color, font,
    size and other options for closed captioning, that digital
    technology allows. We also note that the TDCA was intended to make a
    closed captioning decoder an integral feature of virtually every
    television receiver, no different from its video and audio
    functions. We believe that by adopting the requirements set forth in
    this Order we will accomplish this goal in the digital environment
    as we have done for analog television.

18. Therefore, as discussed below, we adopt the requirements of Section
    9, as well as additional related requirements designed to respond to
    the concerns raised by commenters and to afford all consumers equal
    access to video programming. These additional requirements were
    specifically requested by commenters. Those parties that do not
    support adoption of requirements beyond those enumerated in Section
    9 did not address the specific modifications suggested by other
    commenters, but instead expressed their general opposition to our
    requiring anything beyond Section 9.

19. In the NPRM, we sought comment on whether it is necessary to
    incorporate into our rules by reference the entire EIA-708 standard,
    regardless of whether we require decoders to function pursuant to
    only Section 9 or additional provisions.[^32] Numerous commenters
    request that we incorporate all of EIA-708 into our rules. They note
    that Section 9 was not written to stand alone, that the other
    sections contain information and nomenclature that is unique to
    digital television, that compliance will be facilitated, as will
    implementation of optional features.[^33] The other sections of
    EIA-708 provide instructions on how to implement various decoder
    features. We believe that referencing the remaining parts into our
    rules will provide helpful guidance to DTV manufacturers. For
    informational purposes, therefore, we are incorporating by reference
    the entire EIA-708 standard into our rules. We also authorize the
    Chief, Office of Engineering and Technology, to replace the
    reference to EIA-708 with the reference to subsequent revisions of
    the standard as long as no changes are made that would necessitate a
    further rulemaking before adoption.

    **B. Specific Modifications to Section 9**

20. **Caption size.** Section 9.13 recommends that decoders support the
    standard caption pen size and says that implementation of large and
    small are optional. Commenters representing persons who are deaf and
    hard of hearing argue that we must require that decoders support
    standard, small, and large size captions and that the Commission's
    rules should allow viewers to change the size of their
    captions.[^34] They argue that the ability to change the size of the
    captions is crucial to users of captioning who possess different
    degrees of visual acuity.[^35] For example, they argue that standard
    size captions "unnecessarily exclude" individuals with low vision,
    including many senior citizens.[^36] Some disabilities affect the
    central retina and impair the ability to see small print and to make
    eye movements that are crucial to reading.[^37] One caption provider
    states that adding consumer control over caption size "would
    represent a major leap forward in the usability of the service
    without presenting insurmountable technological challenges to
    manufacturers" and that the "windowing" environment of EIA-708 was
    designed to allow caption providers to create a targeted safe area
    for caption display while allowing consumers to grow or shrink
    captions within that window.[^38] We are persuaded by commenters
    that in order to make closed captions accessible to the greatest
    number of viewers with hearing disabilities, we must require that
    decoders support standard, small, and large caption pen size and
    support the ability of the viewer to choose size. We encourage
    decoder manufacturers to support word wrap[^39] in their products.
    We are not requiring word wrap because of the additional processing
    resources that could be required beyond what may be contained in
    early DTV receivers. However, we encourage manufacturers to work
    towards developing cost effective methods of executing word wrap
    functions while preserving the integrity of the caption providers\'
    work.

21. **Fonts**. Section 9.14 states that although a caption provider may
    specify any one of eight different font styles to be used to write
    caption text, decoders need only implement a single font for caption
    text display. Section 8.5.3 lists the 8 recommended font styles and
    states that their implementation is optional. As a result, if only
    the Section 9 recommendations were implemented, then regardless of
    the font chosen by the caption provider, the viewer would see closed
    captions only in the one font the decoder supports. Commenters
    representing persons with hearing disabilities argue that this is
    insufficient because some viewers who are deaf and hard of hearing
    have visual disabilities,[^40] such as low vision, and so may be
    unable to read certain fonts.[^41] These commenters argue that
    viewers should have the ability to choose from among the eight
    fonts.[^42] WGBH notes that better and sharper fonts, selectable by
    the user, will take advantage of the inherent sophistication of the
    DTV system and help assure that the closed caption features are as
    advanced as the audio and video themselves.[^43]

22. As noted earlier, Congress stated that "to the fullest extent made
    possible by technology," persons who are deaf and hard of hearing
    "should have equal access to the television medium."[^44] The
    standard is written to support implementation of additional font
    styles in decoders, and we agree with commenters that a choice of
    fonts will increase accessibility for persons with hearing
    disabilities. We find therefore that the minimum decoder
    requirements must include the ability to display all of the eight
    fonts in EIA-708; that the decoder should display the font chosen by
    the caption provider; and that viewers should be able to override
    the caption provider's choice of font and select an alternate font
    from among the remaining seven.

23. **Color and Opacity**. Section 9.20 recommends that decoders support
    the following 8 colors: white, black, red, green, blue, yellow,
    magenta, and cyan. Opacity values permitted by EIA-708 include
    transparent (i.e., showing underlying video), translucent (i.e.
    showing a filtered level of underlying video), solid, and flashing.
    Section 9 states that decoders must implement the 8 colors specified
    above for character foreground (i.e., the caption text). However,
    Section 9 states that decoders need only implement solid black
    character backgrounds.[^45] Section 9 also recommends solid and
    flashing character foreground opacity attributes, but does not
    include an opacity recommendation for character background. Finally,
    Section 9 recommends that decoders do not need to implement separate
    character edge color, opacity, or type attribute control. This means
    there is no separately controlled edge surrounding the body of
    characters.

24. Commenters request that more color options be provided permitting
    users to choose from a variety of colors so that viewers can create
    contrasts against various backgrounds.[^46] They state that Section
    9 would not provide sufficient accessibility for people who are deaf
    and hard of hearing because of this limitation[^47] noting, for
    example, that individuals with low vision differ in their ability to
    see and use colors, and that a color that is readily seen by one
    person may present limitations to another.[^48] A number of sources
    addressing color visibility support this point.[^49] For example,
    one source states that color perception changes depending upon
    background and adjacent colors.[^50] In addition, as a caption
    provider notes, "When the Commission required the solid black
    background for captions in line-21 analog television services, it
    ensured that consumers would be able to clearly discern captions in
    a crude, though effective display against any background image . . .
    . \[B\]etter-looking and even clearer display attributes are
    possible and should be included in minimum feature sets."[^51] WGBH
    also notes that a translucent background has long been the
    preference for subtitles and is the type of improvement that should
    be ensured by the rules.[^52]

25. We believe that in order to provide access to persons with hearing
    disabilities, we must ensure that multiple color and opacity choices
    are available. The ability to alter the color of the character
    background, in addition to the text, will make otherwise
    inaccessible closed captions accessible for certain viewers. We
    require, therefore, that decoders implement the same 8 character
    background colors as those implemented for character
    foreground;[^53] that the decoder should display the color chosen by
    the caption provider; and that viewers should be able to override
    the foreground and or background color chosen by the caption
    provider and select alternate colors from among the remaining
    colors. We find that, with respect to foreground and background
    opacity, decoders must implement transparent, translucent, solid and
    flashing character type attributes. Decoders must implement the
    following types of character edge surrounding the body of the
    characters: none, raised, depressed, uniform, or drop shadowed. The
    color attributes of the edges of the character foregrounds may be
    specified separately from the character background foreground and
    background. Edge opacities have the same attribute as the character
    foreground opacities.

26. **Location of captions**. A number of commenters request the ability
    to determine the location of captions on their television screen.
    For example, NADCAN states that the "ability to control the location
    of captions is extremely desirable . . . . \[A\]s more programming
    networks use network logos, programming labeling and other types of
    on-screen information, it will become more and more necessary to
    have the ability to change the size, placement and colors of
    captions in order to make sure that those captions are clearly
    visible and are not obscuring other on-screen information."[^54] TDI
    states that users of closed captioning require the flexibility to
    change the location of the caption block on the screen, noting that
    someone watching a sporting event may prefer a caption block
    arranged so that it would not obstruct a critical play.[^55] TDI
    also notes that the ability to move the caption block so that it is
    not obstructed by a separate caption or an emergency weather
    announcement scrolling on the screen would ensure that viewers did
    not miss key information.[^56]

27. Under EIA-708, closed captions are printed on screen in caption
    \"windows.\" Caption providers are able to specify the placement of
    these windows. Caption providers may use window location to enhance
    the overall presentation of captioned programming. Therefore, we
    believe that providers should maintain creative control over caption
    window placement. For example, a provider may wish to use several
    windows in various locations on the screen to identify multiple
    speakers and sound effects in a fast-paced action scene. With regard
    to caption text obstructing critical information such as emergency
    alerts, the Commission recently moved to ensure that emergency
    information provided by means other than closed captioning should
    not block any closed captioning, and vice versa.[^57] We also
    emphasize that the caption control features we are adopting, such as
    changing caption size and opacity, will allow viewers to prevent
    captions from covering non-critical information or scenes.

28. **Multiple caption services**. Section 9.2 states that decoders
    "should be capable of decoding and processing data for at least
    one (1) service." Commenters representing persons who are deaf or
    hard of hearing support requiring that decoders be capable of
    decoding and processing the six standard services and up to 57
    additional extended services defined in EIA-708.[^58]

29. Commenters representing persons with hearing disabilities express
    concern that, under Section 9, they will not have available multiple
    choices of caption services. Some commenters ask us to clarify that
    Section 9 is not intended to mean that only Caption Service 1 must
    be decoded, but rather what is required is decoding of whatever one
    service the viewer chooses among the available caption services for
    a particular program. Sarnoff notes that the minimum requirements in
    Section 9 do not limit the services broadcast, they simply relate to
    the manner in which receivers would process and display the selected
    service.[^59] We agree with Sarnoff. Users may select which service
    to decode, but only one of the services is decoded and displayed.

30. We find that it would be insufficient for decoders only to be able
    to respond to one closed captioning service. This approach is
    consistent with Congress' view that closed captions can assist
    children with reading and other learning skills. Uses for multiple
    caption services may include "easy reader" captions or alternate
    language captions. Easy reader captions enable young children who
    are deaf or hard of hearing who may not be able to read verbatim
    captions to watch the program with captions using words that match
    their reading level. This requirement also is consistent with
    Congress' intention that technology be used to provide equal access
    to television for persons who are deaf and hard of hearing.[^60] For
    example, persons who speak languages other than English can receive
    closed captions in those languages. Even today, programs provide two
    caption services for a single program.[^61] In addition, WGBH notes
    that if the decoding of multiple services is optional,
    implementation will be limited, and program providers are unlikely
    to expend the funds to provide these alternate services on their
    programs.[^62]

31. We agree that decoders must be capable of decoding and processing
    data for the six standard services in EIA-708, Caption Service 1
    through Caption Service 6, so that a consumer can choose among the
    available closed caption services provided by the programmer.
    Decoders should provide a means by which viewers may identify the
    caption services available for a given program. Decoders should then
    allow consumers to choose at least one of these services to display
    onscreen. Accordingly, it is not necessary to display more than one
    caption service for a given program at the same time, though
    manufacturers are free to permit such operation.

32. Commenters argue that if a user chooses to display captions, caption
    display should remain as the default mode even after the television
    has been turned off and on again.[^63] Roger Kraft states that, "The
    general community does not need to reset the volume on their TVs
    every time they turn them on or change a channel---nor should Deaf
    or hard of hearing people need to reset the captions each time they
    turn on their TVs or change a channel."[^64] We agree with the
    commenters. Accordingly, we require that caption display options
    should be saved when the receiver is switched off. This will
    eliminate the need to specify caption display options each time the
    receiver is used. As requested by commenters, we also require that
    caption decoders include an option that permits a viewer to choose a
    setting that will display captions as intended by the caption
    provider. Once the viewer chooses a set of customized caption
    display features, such as font and/or color, the decoder should
    display all captions according to this setting until de-selected by
    the viewer.[^65]

    **C. Other Issues**

33. **Program and System Information Protocol.** NAB suggests that the
    Commission require DTV receivers to receive and process the Program
    and System Information Protocol ("PSIP") data stream contained in
    the ATSC DTV broadcast signal.[^66] The Advanced Television Systems
    Committee (ATSC) developed the PSIP standard (A/65).[^67] The
    standard provides a means for organizing video and audio information
    associated with digital television transmissions. The data contained
    in PSIP may include information identifying programming that
    contains closed captions. The PSIP data may also supply a
    description of the caption services available for the program, such
    as English, Spanish, or easy-reader. Using this data, decoders may
    provide an interactive graphic display that allows viewers to easily
    select the caption service they desire to view. Contrary to NAB's
    claim, Thomson states that it is not necessary for the Commission to
    require DTV receivers to process PSIP data. Thomson notes that its
    products are already designed to process all PSIP data.[^68]

34. NAB also states that the Commission should require broadcasters to
    transmit PSIP data, arguing that the proper functioning of DTV
    closed captioning depends on these requirements.[^69] While Thomson
    does not comment on whether broadcasters should be required to
    transmit PSIP data, they emphasize that cable systems and other
    multi-channel video distributors should be required to transmit any
    PSIP data contained in broadcasters' signals.[^70]

35. The Commission has received comments in other proceedings requesting
    that it adopt the ATSC PSIP A/65 standard into its rules.[^71] We
    find that a discussion regarding broadcasters' and multichannel
    distributors' responsibility to transmit PSIP data is beyond the
    scope of this proceeding. The debate concerning PSIP transmission by
    multichannel distributors is ongoing in another Commission
    proceeding.[^72] We believe that it would be inappropriate,
    therefore, for us to address this issue here. We note that
    broadcasters have already voluntarily chosen to include PSIP data in
    their signals for a number of reasons other than closed captioning.
    For instance, the PSIP data stream is also used to transmit content
    advisory (program rating) v-chip information so that digital
    television viewers will be able to block the display of unwanted
    programming. Also, NCTA and CEA have drafted an agreement that
    ensures the carriage of PSIP data on cable systems.[^73]

36. With regard to the functioning of DTV receivers, which is the
    emphasis of this proceeding, we find that it is not necessary to
    require receivers to rely on PSIP information to perform closed
    captioning functions. The standards that we adopt here will ensure
    that DTV receivers have consistently formatted caption data
    (pursuant to EIA-708) for which to search. Although the information
    contained in the PSIP data stream may provide consumers with an
    easier method for choosing a captioning service, we will give
    manufacturers latitude in determining the best method for accessing
    caption data. We believe that, as with Thomson, many manufacturers
    will choose to build their products to search for available PSIP
    data for captioning and other functions. However, we will not make
    that function a requirement.

37. **Cable Set-top Boxes.** Some commenters representing cable
    operators and cable equipment manufacturers are concerned that
    adoption of the proposals in the NPRM will render many cable boxes
    obsolete.[^74] They state that the boxes that are used to receive
    digital cable programming are unable to process EIA-708 data. These
    boxes only read closed captioning data which has been delivered
    through a cable system pursuant to the Society of Cable
    Telecommunications Engineers (SCTE) standard DVS-157.[^75] The
    captions are decoded by the EIA-608 compliant decoder in the analog
    television set. Many cable boxes that only receive caption data
    delivered via DVS-157 are already in customer's homes and are being
    used to view digital cable programming on analog televisions.

38. In accordance with the rules we adopt here, digital broadcast
    television programming containing caption data formatted pursuant to
    EIA-708 will be delivered to subscribers. Commenters state that
    existing cable boxes cannot be upgraded to facilitate the EIA-708
    broadcast standard and therefore would not be able to display closed
    captions.[^76] They expressed concern that the proposed rules would
    leave millions of digital cable subscribers without closed
    captioning display capability. NCTA notes that, if the rules are
    adopted, cable programmers might be forced to transmit captioning
    for their digital networks in both DVS-157 and EIA-708 formats so
    that existing cable converter boxes as well as new digital
    televisions may recognize the data. Alternatively, NCTA states that
    cable operators may need to switch out their headend equipment which
    currently does not read EIA-708.[^77] AT&T states that a requirement
    to carry captions only pursuant to EIA-708 would impose substantial
    costs on the cable industry, and estimates the costs to be over \$25
    million to modify its own encoding equipment.[^78] Similarly, GI
    estimates expenditures of up to \$50,000 per digital-capable headend
    for cable operators to purchase new encoding equipment.[^79]

39. Cable commenters propose that the Commission adopt rules that would
    require that digital closed captioning information be delivered in
    the DVS-157 format and would require that DTVs contain decoder
    circuitry that responds to DVS-157. Alternatively, they state that
    the Commission could consider a "dual carriage" requirement wherein
    broadcasters would deliver captions in both the EIA-708 format and
    the DVS-157 format[^80][^81] The third option they suggest is that
    the Commission detail which advanced features are required, such as
    support for multiple character colors, and let manufacturers design
    receivers to accomplish these features using the existing captioning
    standard, i.e., EIA-608, and the digital television's built-in
    graphic processing capabilities.[^82]

40. We disagree with these suggested alternatives to the proposed rules.
    We note that the comments and replies in this proceeding express an
    overwhelming support for adoption of the EIA-708 standard.[^83]
    Although commenters have raised some concerns regarding the amount
    of EIA-708 to include in our rules, most were in favor of adopting
    at least portions of the standard. As noted above, adoption of
    EIA-708 will supply manufacturers with a uniform set of rules to
    follow in providing closed captioning capability. Furthermore,
    EIA-708 is the logical choice for delivering closed caption
    information to digital television receivers because DTVs have been
    designed around the digital television transmission standard ATSC
    A/53 of which EIA-708 is a part. Accordingly, digital televisions
    will contain decoder circuitry in compliance with the rules we are
    adopting here. In order for cable providers and other MVPDs to meet
    their obligations to provide closed captioned programming to
    viewers, and to pass through closed captions they receive to digital
    television sets, they must transmit captions in a format that will
    be understandable to those decoders. [^84]

41. **Provider Requirements.** A few video industry commenters state
    that the Commission should leave decisions regarding the
    presentation of captions to the creative instincts of the caption
    provider and its market incentives to offer high quality programming
    service.[^85] We agree. The requirements we are imposing here are
    not directed at the caption provider's presentation of closed
    captioning. In this Order, we do not require a programmer or a
    caption provider to present its closed captioning with particular
    features. We require only that decoders contain functionality so
    that viewers with hearing disabilities have the ability to alter the
    closed captions so that they can have access to the closed captions.
    We do not impinge upon the creative capabilities of caption
    providers. Instead, the decisions we make here enhance the ability
    of caption providers and programmers to provide creative, effective,
    and inclusive captioning services.

    **II. [Covered Devices]{.underline}**

42. The TDCA states that "apparatus designed to receive television
    pictures broadcast simultaneously with sound be equipped with
    built-in decoder circuitry designed to display closed-captioned
    television transmissions when . . . its television picture screen is
    13 inches or greater in size." In the NPRM, we sought comment on
    which receivers and other devices would have to comply with our
    rules.

43. **Digital Television Sets.** In the NPRM, we proposed to require
    that all DTV sets with picture screens 13 inches or larger, measured
    in accordance with the Federal Trade Commission regulations, include
    closed caption decoder circuitry that functions in compliance with
    the rules we adopt here. As noted in the NPRM, the difference in the
    aspect ratios between analog display screens and digital or high
    definition displays may cause some confusion when determining screen
    size according to FTC regulations.[^86] Specifically, because the
    displays are shaped differently, an analog television measuring 13
    inches diagonally, in accordance with the regulations, will have a
    greater total picture area than a digital television measuring 13
    inches diagonally. Some manufacturers argue that a minimum screen
    size requirement should be specified, but that it should be based on
    the vertical picture height of DTV sets rather than the diagonal
    measurement used for analog televisions.[^87]

44. For the purposes of this Report and Order, we agree with
    manufacturers that the screen size of a digital television display
    in the 16:9 aspect ratio should be measured vertically. The 13 inch
    diagonal requirement for televisions with 4:3 aspect ratio screens
    was based on TV design conventions of the late 1980s and did not
    account for the changes that digital television would bring to
    receiver design. As CEA points out, if the 13 inch diagonal
    requirement is applied to DTV sets as with analog televisions, the
    shorter vertical height of the DTV set will cause the captions to
    either take up considerable vertical picture space or be displayed
    smaller than what was intended.[^88] Accordingly, for the purpose of
    determining the viewable picture screen size of DTV receivers, we
    will use the vertical viewable picture height. Therefore, digital
    televisions with viewable picture screen heights that are at least
    7.8 inches measured vertically will be required to have closed
    captioning display capability in accordance with the rules we are
    adopting here.[^89] This size corresponds to the vertical height of
    an analog receiver with a 13 inch diagonal.

45. Although we did not raise the issue of eliminating the size
    limitation in the NPRM, commenters representing individuals who are
    deaf and hard of hearing requested that the Commission alter the 13
    inch size limitation. They argue that Congress\' decision to limit
    the application of its decoder circuitry mandate to devices that
    have screens thirteen inches or greater was based in large part on
    the existing technology at the time that the TDCA was enacted and
    that technological changes, such as the improved resolution of DTV
    and the ability to alter caption size, render the 13 inch limit
    obsolete. Because we did not raise this issue in the NPRM, we do not
    address these commenters\' arguments.

46. **Component Parts.** As we pointed out in the NPRM, there are a
    number of likely ways that systems capable of receiving DTV signals
    will be sold. For example, the systems may be marketed as separate
    components. Consumers will be able to customize their systems by
    choosing a desired receiver/tuner ("DTV tuner") and a separate
    display screen. We also noted that we expect many consumers to
    purchase set-top converter boxes ("DTV converter boxes") that allow
    digitally transmitted television signals to be displayed on analog
    receivers. We proposed to require that separately sold DTV tuners
    and DTV converter boxes be subject to the provisions of the TDCA and
    provide for the display of closed captioning. Many commenters agree
    with our proposal to require DTV tuners and converter boxes to have
    the capability to respond to digitally encoded caption
    information.[^90] For example, WGBH states that, "\[W\]e agree with
    the Commission that all set-top boxes sold with or without display
    devices and all separately sold DTV tuners . . . should provide for
    the display of closed captioning."[^91] On the other hand, Thomson
    and CEA question the Commission\'s authority to apply the provisions
    of the TDCA to these devices, but state that if we do impose such
    requirements, they should apply only on those DTV tuners sold or
    designed to operate with display monitors which are 7.8 inches or
    larger in height.[^92]

47. We adopt our tentative conclusion to require closed captioning
    capabilities in DTV converter boxes and in DTV tuners of whether or
    not they are marketed with display screens. In the NPRM, we stated
    that most such devices will be used with picture screens that are 13
    inches or larger, thus justifying this requirement on all such
    devices.[^93] We also note that with digital technology there is the
    capability of manipulating the size, font, and color of the closed
    captioning, thus making the captions readable even on a small
    television screen. As we stated in the NPRM, we believe that we have
    authority to apply the requirements to such devices,[^94] and we
    disagree with those commenters who argue that we do not have such
    authority.[^95] These devices qualify as "apparatus designed to
    receive television pictures broadcast simultaneously with sound." As
    noted above, consumers will be able to customize their digital
    television systems by separately choosing a receiver and display
    screen. We would not provide equal access to the television medium
    for persons who are deaf and hard of hearing if we did not cover a
    common arrangement for the sale of digital television systems. As we
    have noted previously, Section 330(b) states that "\[a\]s new
    technology is developed, the Commission shall take such action as
    the Commission determines appropriate to ensure that
    closed-captioning service continues to be available to
    consumers."[^96] Given the advances that digital technology brings,
    we believe that such a requirement is precisely the type of action
    that Congress had in mind when instructing the Commission to take
    actions to ensure that closed-captioning service continues to be
    available to consumers as new technology is developed.

48. In the NPRM we proposed to require that "DTV converter boxes used
    with analog receivers [either]{.underline} decode any analog
    information that is transmitted with the DTV signal [or]{.underline}
    pass this information directly to the receiver in a form
    recognizable by the receiver's built-in caption decoder."[^97] We
    are persuaded by commenters that we should require DTV converter
    boxes to pass the encoded information to the attached analog
    receiver.[^98] Commenters note that if the units are allowed to
    simply decode the analog captions contained in DTV signals, then the
    captions they produce on an attached analog receiver would be
    "open." That is, the captions would be displayed overlaid onto the
    video. If these open captions were then recorded by a VCR or other
    device, they would become a permanent part of the video. On the
    other hand, if the captions were not opened by the set-top box, and
    the EIA-608 (analog closed captioning) data not delivered to the
    box's NTSC output, then the captions would be lost.[^99] A
    requirement to always deliver available EIA-608 data to the analog
    receiver will eliminate this possibility. Therefore, as stated
    above, converter boxes should always pass any transcoded EIA-608
    captions to its NTSC output. Nonetheless, we realize that some
    converter box manufacturers may also wish to provide EIA-708 decoder
    capability in their boxes. Such an option would allow consumers with
    analog television receivers to enjoy the enhanced features of
    EIA-708 captions through the use of the converter\'s circuitry. We
    will allow this optional feature.

49. Sarnoff Corporation addresses two concerns with respect to the
    display of captions on analog receivers through the use of DTV
    converter boxes. Specifically, Sarnoff states that the display of
    color captions on analog receivers can be difficult because of the
    limited chrominance bandwidth of the analog television signal and
    receiver circuitry.[^100] Furthermore, Sarnoff notes that an attempt
    to display smaller captions or small letter combinations may result
    in the receiver producing an illegible caption display or \"sound
    buzz.\"[^101] Accordingly, Sarnoff concludes that Section 9
    appropriately describes the minimum requirements for DTV converters
    connected to analog television receivers.

50. We are aware of certain display limitations inherent in analog
    television receivers. The rules we are adopting have taken these
    limitations into account. We are not requiring that DTV converter
    boxes used with analog television receivers be capable of processing
    and displaying the advanced features of digital EIA-708 captions.
    Instead, as noted above these boxes are only required to deliver
    transcoded EIA-608 captions to the attached analog receiver.
    Therefore, the analog receiver will only encounter caption data that
    has been formatted specifically for the device, including all
    display characteristics now available. We believe that these rules
    will ensure that analog caption display is not degraded as we
    transition to digital television.

51. While we are not requiring that DTV converter boxes deliver enhanced
    caption information to analog receivers, we have permitted
    manufacturers to include options enabling their products to decode
    digital EIA-708 captions and overlay the text over the video
    display. Accordingly, we caution DTV converter manufacturers who
    choose to implement this option to be aware of display
    characteristics of analog television receivers so that the captions
    may be displayed as legibly and unobtrusively as possible.

52. **Dual Mode Receivers.** With respect to devices that receive and
    display both analog and digital programming (dual mode receivers),
    as we stated in the NPRM, it is crucial to ensure that closed
    captioning display capability is available in both analog and
    digital display modes of operation. There was widespread support for
    this proposal from industry and consumer groups. For example, both
    Toshiba and Thomson state that when a dual mode receiver is
    operating in the analog mode it should provide for caption display
    in accordance with our existing regulations for analog receivers. On
    the other hand, when the receiver is operating in the digital mode,
    it should decode and display captions which have been delivered via
    EIA-708.[^102] Similarly, Media Captioning Services states that,
    throughout the digital-to-analog transition period, dual mode
    receivers should provide for captioning display in both modes of
    operation.[^103] As we proposed in the NPRM, these receivers must
    contain closed captioning functionality pursuant to the Commission's
    existing rules, Section 15.119, such that the receiver can decode
    the captions when operating in the analog mode.[^104] When operating
    in the digital mode, these receivers must display captions formatted
    pursuant to the rules we are adopting here.

53. **Other Devices.** Although we did not propose closed caption
    decoder requirements for television interface devices whose primary
    function is other than delivering television programming, such as
    VCRs, DVD players, or personal video recorders,[^105] we know that
    these devices are used by consumers in connection with their
    television sets to view closed caption programming. In order for
    viewers to receive closed captions when using these devices, it is
    not necessary for these devices to have decoding capability. Rather,
    all that is required is for the device to pass through the closed
    caption information to the decoder in the television set. We expect
    that such devices, and any other similar new devices, will pass
    through closed captions unaltered and intact to the decoder in the
    attached digital television. Manufacturers of such devices should
    ensure that this continues to be the case as the transition to
    digital television progresses.

    **III. [Compliance Date]{.underline}**

54. **Manufacturers.** In the NPRM we proposed that manufacturers must
    begin including FCC compliant DTV closed captioning decoder
    circuitry as of one year from adoption of the rules. We stated that
    a one year transition is reasonable given that the deadline is in
    reference to the date of manufacture, not the date of
    availability.[^106] Industry commenters request two to six years
    before compliance with these rules is required.[^107] Thomson
    explains that the steps in its development process last anywhere
    from 18 to 24 months. These steps include design and development of
    integrated circuit, user interface, and hardware/software; building
    and testing at least two generations of laboratory prototypes;
    factory retooling to construct production models; field testing;
    releasing final software; and final production.[^108] CEA notes that
    software and interface designs are not complete.[^109] Toshiba seeks
    sufficient time for testing and buildup of DTV closed captioning
    chips and software, noting that DTV closed captioning is a new and
    untested technology.[^110]

55. Commenters representing persons with hearing disabilities support
    the proposal to make the rules governing DTV captions and receivers
    effective one year after adoption and urge that this proceeding be
    completed expeditiously so that the rules can become effective as
    soon as possible.[^111] WGBH states that it anticipates that
    development of DTV closed captioning authoring and encoding tools
    will proceed rapidly once we adopt standards in this
    proceeding.[^112]

56. We agree with commenters that sufficient time is needed to develop
    reliable products. We are persuaded by commenters that we should
    provide manufactures with an additional year beyond our proposal of
    one year to comply with this decoder requirement. In previous
    Commission decisions we have taken into account the complexities
    involved in redesigning television receivers and have stated that
    our rules should conform with television design cycles and provide a
    smooth transition for product introduction. We continue to believe
    that our rules must reflect manufacturing cycles.[^113]

57. It would be counterproductive to our goal of ensuring accessibility
    to closed captioning if our compliance deadline did not allow for a
    thorough product design and testing period. The production steps
    outlined by Thomson are typical of many manufacturers. The duration
    of this process may be dependent upon various factors, not all
    directly related to the presentation of captions onscreen. For
    example, manufacturers must now begin redesigning television chassis
    and remote control units to accommodate new features. Production
    equipment must then be retooled or replaced in order to construct
    the new designs. We believe ample time is necessary to assure that
    efforts within the consumer electronics industry to develop a viable
    product continue in a well coordinated manner.

58. We recognize that product design cycles and equipment test periods
    must be taken into account when introducing new features, however,
    we do not believe that further delay beyond two years is necessary
    or appropriate. With the issuance of final rules, we remove
    uncertainty with respect to the method for delivering closed
    captioning services to digital television receivers. Decoder
    manufacturers now know how their products should function and may
    proceed immediately designing with these requirements in mind. We
    seek to ensure that captioning display capability for DTV receivers
    is available as soon as possible. As TDI points out, the compliance
    date refers to the date when television receivers must be
    manufactured with the decoder circuitry, not when televisions must
    be available for sale to consumers.[^114] We believe that the
    approximately two year period we are granting will provide ample
    time for manufacturers to design and build a fully functional
    product. Manufacturers, therefore, must begin to include DTV closed
    captioning display functionality in their DTV devices in accordance
    with the rules adopted in this Order by July 1, 2002.

59. **Video Programming Distributors.** In the Order establishing closed
    captioning rules under section 713, we stated that, as final
    standards for digital television receivers did not yet exist, it
    would be difficult for entities preparing to broadcast or transmit
    to such receivers to format closed caption content for these
    uses.[^115] We found it appropriate to define material prepared for
    such transmission as pre-rule until such time as the necessary
    decoder standard rules have been adopted by the Commission and are
    effective.[^116] The rule stated that pre-rule programming includes
    video programming first published or exhibited for display on
    television receivers equipped for display of digital transmissions
    or formatted for such transmission and exhibition.[^117] In the NPRM
    in this proceeding, we stated that we believed that the one year
    transition period would provide sufficient time for programmers to
    incorporate closed captioning consistent with these standards into
    the digital programming they distribute.[^118]

60. We are not persuaded by the few commenters who argue that we should
    alter the rules adopted in the Closed Captioning Report and Order.
    As a result of those rules, programming prepared or formatted for
    display on television receivers equipped for display of digital
    transmissions, after the date on which such television receivers
    must, by Commission rule, be equipped with built-in decoder
    circuitry designed to display closed-captioned digital television
    transmission, falls under the established definition of \"new
    programming\" and is subject to the transition schedule for the
    captioning of new programming. Programmers have been on notice of
    this requirement for more than one and one-half years, and they now
    have approximately two years to make necessary arrangements to
    comply with the new programming benchmarks.

61. As a result, as of the compliance date for DTV receivers to have
    built-in decoder circuitry in accordance with the rules we are
    adopting here, programming prepared or formatted for display on
    television receivers equipped for display of digital transmissions
    will fall under the established definition of \"new programming\"
    and be subject to the transition schedule for the captioning of new
    programming.[^119] The captions for this programming must be able to
    be decoded by a closed caption decoder manufactured in accordance
    with the requirements adopted in this order. Under the standard,
    captions created for use in analog (pursuant to EIA-608) and
    "upconverted" to be transmitted in EIA-708 can be decoded by a
    receiver in compliance with the rules we are adopting here.
    Upconverted captions are created by using the original 608 data as
    source material and employing a limited set of EIA-708 features to
    present the captions to an EIA-708 decoder. These captions maintain
    the "look and feel" or traditional analog captions but are presented
    and decoded using the true digital construct. The upconversion
    occurs at the origination point of a video program's distribution
    (in the production process by the captioner or programmer). [^120]
    Therefore, programs that have been created and captioned for display
    on analog television receivers may be upconverted for digital
    delivery without the need to create an new caption script. A
    separate transition period is therefore not necessary and will
    result in more captioning during the transition (as opposed to those
    commenters seeking a separate transition for digital
    programming[^121]).

62. We expect, however, that EIA-708 captions will begin to be provided
    soon after the compliance date. Given the features that will be
    included in decoders as required by our rules, programmers and
    caption providers will have incentives to provide captioning that
    takes advantage of these features. We believe our approach here
    provides flexibility during the ongoing digital television
    transition period.

63. As noted above, there will be viewers who watch digital television
    programming on an analog television, by using a DTV converter. We
    clarify, therefore, that in order for programming distributors to
    count captioned digital television programming toward their closed
    captioning requirements in 47 C.F.R. Section 79.1, they also must
    transmit captions that can be decoded by the decoder in that analog
    set.

    **PROCEDURAL MATTERS**

64. [Final Regulatory Flexibility Analysis.]{.underline} A Final
    Regulatory Flexibility Analysis, required by Section 604 of the
    Regulatory Flexibility Act, as amended by the Contract with America
    Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996),
    is contained in Appendix C.

65. This document is available to individuals with disabilities
    requiring accessible formats (electronic ASCII text, Braille, large
    print, and audiocassette) by contacting Brian Millin at (202)
    418-7426 (Voice), (202) 418-7365 (TTY), or by sending an email to
    [access@fcc.gov]{.underline}. It can also be downloaded from the
    FCC\'s Disabilities Rights Office website at
    [http://www.fcc.gov/cib/dro/.]{.underline}

    **ORDERING CLAUSES**

66. Accordingly, IT IS ORDERED that pursuant to the authority contained
    in Section 4(i), 303(r), 303(u), and 330(b) of the Communications
    Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), 303(u) and
    330(b), the Commission's rules ARE AMENDED by revising the heading
    for Section 15.119, by adding a new Section 15.122, and by revising
    Sections 79.1(a)(4) and 79.1(c) as shown in Appendix B. The
    amendments set forth in Appendix B shall become effective upon
    approval from the Office of Management and Budget.

67. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    Report and Order, including the Final Regulatory Flexibility
    Analysis, to the Chief Counsel for Advocacy of the Small Business
    Administration.

    FEDERAL COMMUNICATIONS COMMISSION

    Magalie Roman Salas

> Secretary

**APPENDIX A**

**COMMENTS**

1.  Alexander Graham Bell Association for the Deaf and Hard of Hearing
    (AG Bell)

2.  Association of Late Deafened Adults, Inc. (ALDA)

3.  Consumer Electronics Manufacturers Association (CEA)

4.  General Instrument Corporation (GI)

5.  Home Box Office (HBO)

6.  Massachusetts Assistance Technology Partnership (MATP)

7.  Media Captioning Services (MCS)

8.  National Association of Broadcasters (NAB)

9.  National Association of the Deaf & The Consumer Action Network
    (NADCAN)

10. National Cable Television Association (NCTA)

11. Self Help for Hard of Hearing People, Inc. (SHHH)

12. Telecommunications for the Deaf, Inc. (TDI)

13. Thomson Consumer Electronics, Inc. (Thomson)

14. Toshiba America Consumer Production (Toshiba)

15. VITAC Corporation (Vitac)

16. WGBH Educational Foundation (WGBH)

# 

# REPLY Comments

1.  American Society for Deaf Children (ASDC)

2.  AT&T

3.  Khari Balogun

4.  Frank Bechter

5.  Lawrence Brick

6.  Stephanie Buell

7.  Joan Cassidy

8.  Cynthia Clark

9.  Consumer Electronics Association (CEA)

10. Council of Organizational Representatives (COR)

11. Nancy Creighton

12. Patricia Dobosh

13. Charles Estes

14. Michael Gallagher

15. General Instruments (GI)

16. Home Box Office (HBO)

17. Pamela Holmes (Consumer Advocate)

18. Roger Kraft

19. Larry Littleton

20. Ruben Martinez

21. Mentkowski Family

22. National Association of Broadcasters (NAB)

23. National Catholic Office for the Deaf (NCOD)

24. Northern Virginia Resource Center for Deaf and Hard Of Hearing
    (NVRC)

25. Northern Virginia United for Deaf and Hard of Hearing Children (NVU)

26. Pennsylvania Parents of Deaf and Hard of Hearing Children (PPDHHC)

27. Sarnoff Corporation (Sarnoff)

28. Kay Seib

29. Self Help for Hard of Hearing People (SHHH)

30. Telecommunications for the Deaf, Inc. (TDI)

31. Texas Commission for the Deaf & Hard of Hearing (TCDHH)

32. Thomson Consumer Electronics, Inc. (TCE)

33. VITAC Corporation (Vitac)

34. WGBH Educational Foundation (WGBH)

    **APPENDIX B - RULES**

PART 15 -- RADIO FREQUENCY DEVICES

The authority for Part 15 is amended to read as follows:

AUTHORITY: 47 U.S.C. 154, 302, 303, 304, 307, 330, and 544A.

Title 47 of the Code of Federal Regulations, Part 15 is amended as
follows:

1.  The heading of Section 15.119 is revised to read as follows:

Section 15.119 Closed caption decoder requirements for analog television
receivers.

2.  A new Section 15.122 is added to read as follows:

Section 15.122 Closed caption decoder requirements for digital
television receivers and converter boxes.

\(a\) (1) Effective July 1, 2002, all digital television receivers with
picture screens in the 4:3 aspect ratio with picture screens measuring
13 inches or larger diagonally, all digital television receivers with
picture screens in the 16:9 aspect ratio measuring 7.8 inches or larger
vertically and all separately sold DTV tuners shipped in interstate
commerce or manufactured in the United States shall comply with the
provisions of this section.

Note: This paragraph places no restrictions on the shipping or sale of
digital television receivers that were manufactured before July 1, 2002.

\(2\) Effective July 1, 2002, DTV converter boxes that allow digitally
transmitted television signals to be displayed on analog receivers shall
pass available analog caption information to the attached receiver in a
form recognizable by that receiver\'s built-in caption decoder
circuitry.

Note: This paragraph places no restrictions on the shipping or sale of
DTV converter boxes that were manufactured before July 1, 2002.

\(b\) Digital television receivers and tuners must be capable of
decoding closed captioning information that is delivered pursuant to the
industry standard EIA-708-B, "Digital Television (DTV) Closed
Captioning," Electronics Industries Association (1999). This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Digital
television manufacturers may wish to view EIA-708-B in its entirety.
Copies of EIA-708-B may be obtained from: Global Engineering Documents,
15 Inverness Way East, Englewood, CO 80112-5704,
<http://www.global.ihs.com/>. Copies of EIA-708-B may be inspected
during regular business hours at the following locations: Federal
Communications Commission, 445 12^th^ Street, S.W., Washington, D.C.
20554, or the Office of the Federal Register, 800 N. Capitol Street,
N.W., Washington, D.C.

\(c\) *Services*. (1) Decoders must be capable of decoding and
processing data for the six standard services, Caption Service #1
through Caption Service #6.

\(2\) Decoders that rely on Program and System Information Protocol data
to implement closed captioning functions must be capable of decoding and
processing the Caption Service Directory data*.* Such decoders must be
capable of decoding all Caption Channel Block Headers consisting of
Standard Service Headers, Extended Service Block Headers, and Null Block
headers. However, decoding of the data is required only for Standard
Service Blocks (Service IDs \<= 6), and then only if the characters for
the corresponding language are supported. The decoders must be able to
display the directory for services 1 through 6.

\(d\) *Code Space Organization*. (1) Decoders must support Code Space
C0, G0, C1, and G1 in their entirety.

  ------- --- ------- ------- -------- ------- --------- --- ---------- --- ------- ------- -------- ------- -------- --- ----------------------- --- ------- ------- ------- ---------------------------------------------------- --- ------- --- ------- ------- ------- ------- ------- --- ------- --- -- ---
                      **C**            **0**                                        **G**            **0**                                                    **C**   **1**                                                                                **G**           **1**                              

                                                                                                                                                                                                                                                                                                              

  B7-b4               0                1                 2              3           4                5                6                           7           8       9                                                            A           B           C               D               E           F      

  b3-b0   0   ~NUL~           ~EXT1~           ~SP~          **0**          **@**           **P**            **\`**       **p**                       ~CW0~           ~SPA~   ~NBS~                                                    **°**       **À**           **Ð**           **à**       **ð**          

          1                                    **!**         **1**          **A**           **Q**            **a**        **q**                       ~CW1~           ~SPC~   **¡**                                                    **±**       **Á**           **Ñ**           **á**       **ñ**          

          2                                    \"            **2**          **B**           **R**            **b**        **r**                       ~CW2~           ~SPL~   **¢**                                                    **²**       **Â**           **Ò**           **â**       **ò**          

          3   ~ETX~                            **\#**        **3**          **C**           **S**            **c**        **s**                       ~CW3~                   **£**                                                    **³**       **Ã**           **Ó**           **ã**       **ó**          

          4                                    **\$**        **4**          **D**           **T**            **d**        **t**                       ~CW4~                   **¤**                                                    **´**       **Ä**           **Ô**           **ä**       **ô**          

          5                                    **%**         **5**          **E**           **U**            **e**        **u**                       ~CW5~                   **¥**                                                    **µ**       **Å**           **Õ**           **å**       **õ**          

          6                                    **&**         **6**          **F**           **V**            **f**        **v**                       ~CW6~                   **¦**                                                    **¶**       **Æ**           **Ö**           **æ**       **ö**          

          7                                    \'            **7**          **G**           **W**            **g**        **w**                       ~CW7~           ~SWA~   **§**                                                    **·**       **Ç**           **×**           **ç**       **÷**          

          8   ~BS~            ~P16~            **(**         **8**          **H**           **X**            **h**        **x**                       ~CLW~           ~DF0~   **¨**                                                    **¸**       **È**           **Ø**           **è**       **ø**          

          9                                    **)**         **9**          **I**           **Y**            **i**        **y**                       ~DSW~           ~DF1~   **©**                                                    **¹**       **É**           **Ù**           **é**       **ù**          

          A                                    **\***        **:**          **J**           **Z**            **j**        **z**                       ~HDW~           ~DF2~   **ª**                                                    **º**       **Ê**           **Ú**           **ê**       **ú**          

          B                                    **+**         **;**          **K**           **\[**           **k**        **{**                       ~TGW~           ~DF3~   **«**                                                    **»**       **Ë**           **Û**           **ë**       **û**          

          C   ~FF~                             **,**         **\<**         **L**           **\\**           **l**        **\|**                      ~DLW~           ~DF4~   **¬**                                                    **¼**       **Ì**           **Ü**           **ì**       **ü**          

          D   ~CR~                             **-**         **=**          **M**           **\]**           **m**        **}**                       ~DLY~           ~DF5~   **­**                                                     **½**       **Í**           **Ý**           **í**       **ý**          

          E   ~HCR~                            **.**         **\>**         **N**           **\^**           **n**        **\~**                      ~DLC~           ~DF6~   **®**                                                    **¾**       **Î**           **Þ**           **î**       **þ**          

          F                                    **/**         **?**          **O**           **\_**           **o**        ![](media/image1.wmf)       ~RST~           ~DF7~   **¯**                                                    **¿**       **Ï**           **ß**           **ï**       **ÿ**          

          0                                    ~TSP~         █                                                                                                                ![](media/image2.png){width="0.2048611111111111in"                                                                              
                                                                                                                                                                              height="0.16527777777777777in"}                                                                                                 

          1                                    ~NBTSP~       **'**                                                                                                                                                                                                                                            

          2                                                  **'**                                                                                                                                                                                                                                            

          3                                                  **"**                                                                                                                                                                                                                                            

          4                                                  **"**                                                                                                                                                                                                                                            

          5                                    **...**       ****                                                                                                                                                                                                                                            

          6                                                                                                               **^1^/~8~**                                                                                                                                                                         

          7                                                                                                               **^3^/~8~**                                                                                                                                                                         

          8                                                                                                               **^5^/~8~**                                                                                                                                                                         

          9                                                  **™**                                                        **^7^/~8~**                                                                                                                                                                         

          A                                    **Š**         **š**                                                                                                                                                                                                                                            

          B                                                                                                                                                                                                                                                                                                   

          C                                    **Œ**         **œ**                                                                                                                                                                                                                                            

          D                                                  **^SM^**                                                                                                                                                                                                                                         

          E                                                                                                                                                                                                                                                                                                   

          F                                                  **Ÿ**                                                                                                                                                                                                                                            

                                                                                                                                                                                                                                                                                                              

              **C**           **2**                                         **G**           **2**                                                     **C**           **3**                                                                        **G**           **3**                                      
  ------- --- ------- ------- -------- ------- --------- --- ---------- --- ------- ------- -------- ------- -------- --- ----------------------- --- ------- ------- ------- ---------------------------------------------------- --- ------- --- ------- ------- ------- ------- ------- --- ------- --- -- ---

Table 1 DTVCC Code Set Mapping

\(2\) The following characters within code space G2 must be supported:

-   transparent space (~TSP~)

-   non-breaking transparent space (~NBTSP~)

-   solid block (█)

-   trademark symbol (**™**)

-   Latin-1 characters (Š, Œ, š, œ, Ÿ)

\(3\) The substitutions in Table 2 are to be made if a decoder does not
support the remaining G2 characters.

  ------------------------------------ ----------------------------------
  **G2 Character**                     **Substitute With**

  Open single quote (**'**), G2 char   G0 single quote ('), char code
  code 0x31                            0x27

  Close single quote(**'**), G2 char   G0 single quote ('), char code
  code 0x32                            0x27

  Open double quote (**"**), G2 char   G0 double quote ("), char code
  code 0x33                            0x22

  Close double quote (**"**), G2 char  G0 double quote ("), char code
  code 0x34                            0x22

  Bold bullet (•), G2 char code 0x35   G1 bullet (·), char code 0xB7

  Ellipsis(...), G2 char code 0x25     G0 underscore (\_), char code 0x5F

  One-eighth (**^1^/~8~**), G2 char    G0 percent sign (%), char code
  code 0x76                            0x25

  Three-eighths (**^3^/~8~**), G2 char G0 percent sign (%), char code
  code 0x77                            0x25

  Five-eighths (**^5^/~8~**), G2 char  G0 percent sign (%), char code
  code 0x78                            0x25

  Seven-eighths (**^7^/~8~**), G2 char G0 percent sign (%), char code
  code 0x79                            0x25

  Vertical border (), G2 char code     G0 stroke (\|), char code 0x7C
  0x7A                                 

  Upper-right border (), G2 char code  G0 dash (-), char code 0x2D
  0x7B                                 

  Lower-left border (), G2 char code   G0 dash (-), char code 0x2D
  0x7C                                 

  Horizontal border (), G2 char code   G0 dash (-), char code 0x2D
  0x7D                                 

  Lower-right border (), G2 char code  G0 dash (-), char code 0x2D
  0x7E                                 

  Upper-left border (), G2 char code   G0 dash (-), char code 0x2D
  0x7F                                 
  ------------------------------------ ----------------------------------

Table 2 G2 Character Substitution Table

\(4\) Support for code spaces C2, C3, and G3 is optional. All
unsupported graphic symbols in the G3 code space are to be substituted
with the G0 underscore character (\_), char code 0x5F.

\(e\) *Screen Coordinates*. Table 1 specifies the screen coordinate
resolutions and limits for anchor point positioning in 4:3 and 16:9
display formats, and the number of characters per row.

+-------------+-------------+-------------+-------------+-------------+
| **Screen**  | **Maximum   | **Minimum** | **Maximum   | **Maximum   |
|             | Anchor      |             | Displayed   | Characters  |
| **Aspect    | Position    | **Anchor    | Rows**      | per Row**   |
| Ratio**     | R           | Position    |             |             |
|             | esolution** | R           |             |             |
|             |             | esolution** |             |             |
+-------------+-------------+-------------+-------------+-------------+
| 4:3         | 75v x 160h  | 15v x 32h   | 4           | 32          |
+-------------+-------------+-------------+-------------+-------------+
| 16:9        | 75v x 210h  | 15v x 42h   | 4           | 42          |
+-------------+-------------+-------------+-------------+-------------+
| other       | 75v x (5 x  | 15v x H\*   | 4           | \*          |
|             | H)          |             |             |             |
+-------------+-------------+-------------+-------------+-------------+

Table 1 Screen Coordinate Resolutions & Limits

> \*H = 32 x (the width of the screen in relation to a 4:3 display). For
> example, the 16:9 format is 1/3 wider than a 4:3 display; thus, H = 32
> \* 4/3 = 42.667, or 42.

This means that the minimum grid resolution for a 4:3 aspect ratio
instrument is 15 vertical positions x 32 horizontal positions. This
minimum grid resolution for 16:9 ratio instrument is 15 vertical
positions x 42 horizontal positions. These minimum grid sizes are to
cover the entire safe-title area of the corresponding screen.

The minimum coordinates equate to a 1/5 reduction in the maximum
horizontal and vertical grid resolution coordinates. Caption providers
are to use the maximum coordinate system values when specifying anchor
point positions. Decoders using the minimum resolution are to divide the
provided horizontal and vertical screen coordinates by 5 to derive the
equivalent minimum coordinates.

Any caption targeted for both 4:3 and 16:9 instruments is limited to 32
contiguous characters per row. If a caption is received by a 4:3
instrument that is targeted for a 16:9 display only, or requires a
window width greater than 32 characters, then the caption may be
completely disregarded by the decoder. 16:9 instruments should be able
to process and display captions intended for 4:3 displays, providing all
other minimum recommendations are met.

If the resulting size of any window is larger than the safe title area
for the corresponding display's aspect ratio, then this window will be
completely disregarded.

\(f\) *Caption Windows*. (1) Decoders need to display no more than 4
rows of captions on the screen at any given time, regardless of the
number of windows displayed. This implies that no more than 4 windows
can be displayed at any given time (with each having only one caption
row). However, decoders should maintain storage to support a minimum
total of 8 rows of captions. This storage is needed for the worst-case
support of a displayed window with 4 rows of captioning and a
non-displayed window which is buffering the incoming rows for the next
4-row caption. As implied above, the maximum number of windows that may
be displayed at any one time by a minimum decoder implementation is 4.
If more than 4 windows are defined in the caption stream, the decoder
may disregard the youngest and lowest priority window definition(s).
Caption providers must be aware of this limitation, and either restrict
the total number of windows used or accept that some windows will not be
displayed.

\(2\) Decoders do not need to support overlapped windows. If a window
overlaps another window, the overlapped window need not be displayed by
the decoder.

\(3\) At a minimum, decoders will assume that all windows have rows and
columns "locked". This implies that if a decoder implements the SMALL
pen-size, then word-"un"wrapping, when shrinking captions, need not be
implemented. Also, if a decoder implements the LARGE pen size, then word
wrapping (when enlarging captions) need not be implemented.

\(4\) Whenever possible, the receiver should render embedded carriage
returns as line breaks, since these carriage returns indicate an
important aspect of the caption\'s formatting as determined by the
service provider. However, it may sometimes be necessary for the
receiver to ignore embedded line breaks. For example, if a caption is to
appear in a larger font, and if its window\'s rows and/or columns are
unlocked, the rows of text may need to become longer or shorter to fit
within the allocated space. Such automatic reformatting of a caption is
known as \"word wrap.\" If decoders support word-wrapping, it must be
implemented as follows:

> \(i\) The receiver should follow standard typographic practice when
> implementing word wrap. Potential breaking points (word-wrapping
> points) are indicated by the space character (20h) and by the hyphen
> character (2Dh).
>
> \(ii\) If a row is to be broken at a space, the receiver should remove
> the space from the caption display. If a row is to be broken after a
> hyphen, the hyphen should be retained.
>
> \(iii\) If an embedded return is to be removed, it should usually be
> replaced with a space. However, if the character to the left of the
> embedded return is a hyphen, the embedded return should be removed but
> NOT replaced with a space.
>
> \(iv\) This specification does not include optional hyphens, nor does
> it provide for any form of automatic hyphenation. No non-breaking
> hyphen is defined. The non-breaking space (A0h in the G1 code set) and
> the non-breaking transparent space (21h in the G2 code set) should not
> be considered as potential line breaks.
>
> \(v\) If a single word exceeds the length of a row, the word should be
> placed at the start of a new row, broken at the character following
> the last character that fits on the row, and continued with further
> breaks if needed.

\(g\) *Window Text Painting*. (1) All decoders should implement "left",
"right", and "center" caption-text justification. Implementation of
"full" justification is optional. If "full" justification is not
implemented, fully justified captions should be treated as though they
are "left" justified.

For "left" justification, decoders should display any portion of a
received row of text when it is received. For "center", "right", and
"full" justification, decoders may display any portion of a received row
of text when it is received, or may delay display of a received row of
text until reception of a row completion indicator. A row completion
indicator is defined as receipt of a CR, ETX or any other command,
except SetPenColor, SetPenAttributes, or SetPenLocation where the pen
relocation is within the same row.

Receipt of a character for a displayed row which already contains text
with "center", "right" or "full" justification will cause the row to be
cleared prior to the display of the newly received character and any
subsequent characters. Receipt of a justification command which changes
the last received justification for a given window will cause the window
to be cleared.

\(2\) At a minimum, decoders must support LEFT_TO_RIGHT printing.

\(3\) At a minimum, decoders must support BOTTOM_TO_TOP scrolling. For
windows sharing the same horizontal scan lines on the display, scrolling
may be disabled.

\(4\) At a minimum, decoders must support the same recommended practices
for scroll rate as is provided for NTSC closed-captioning.

\(5\) At a minimum, decoders must support the same recommended practices
for smooth scrolling as is provided for NTSC closed-captioning.

\(6\) At a minimum, decoders must implement the "snap" window display
effect. If the window "fade" and "wipe" effects are not implemented,
then the decoder will "snap" all windows when they are to be displayed,
and the "effect speed" parameter is ignored.

\(h\) *Window Colors and Borders*. At a minimum, decoders must implement
borderless windows with solid, black backgrounds (i.e., border type =
NONE, fill color = (0,0,0), fill opacity = SOLID), and borderless
transparent windows (i.e., border type = NONE, fill opacity =
TRANSPARENT)..

\(i\) *Predefined Window and Pen Styles*. Predefined Window Style and
Pen Style ID's may be provided in the DefineWindow command. At a
minimum, decoders should implement Predefined Window Attribute Style 1
and Predefined Pen Attribute Style 1, as shown in Table 4 and Table 5,
respectively.

<table style="width:100%;">
<colgroup>
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 13%" />
</colgroup>
<tbody>
<tr class="odd">
<td><p><strong>Style ID</strong></p>
<p><strong>#</strong></p></td>
<td><strong>Justify</strong></td>
<td><p><strong>Print</strong></p>
<p><strong>Direction</strong></p></td>
<td><p><strong>Scroll</strong></p>
<p><strong>Direction</strong></p></td>
<td><p><strong>Word</strong></p>
<p><strong>Wrap</strong></p></td>
<td><p><strong>Display</strong></p>
<p><strong>Effect</strong></p></td>
<td><p><strong>Effect</strong></p>
<p><strong>Direction</strong></p></td>
<td><p><strong>Effect</strong></p>
<p><strong>Speed</strong></p></td>
<td><p><strong>Fill</strong></p>
<p><strong>Color</strong></p></td>
<td><p><strong>Fill</strong></p>
<p><strong>Opacity</strong></p></td>
<td><p><strong>Border</strong></p>
<p><strong>Type</strong></p></td>
<td><p><strong>Border</strong></p>
<p><strong>Color</strong></p></td>
<td><strong>Usage</strong></td>
</tr>
<tr class="even">
<td>1</td>
<td>LEFT</td>
<td><p>LEFT</p>
<p>-TO-RIGHT</p></td>
<td><p>BOTTOM</p>
<p>-TO-</p>
<p>TOP</p></td>
<td>NO</td>
<td>SNAP</td>
<td>n/a</td>
<td>n/a</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>NONE</td>
<td>n/a</td>
<td><em>NTSC Style PopUp Captions</em></td>
</tr>
<tr class="odd">
<td>2</td>
<td>LEFT</td>
<td><p>LEFT</p>
<p>-TO-RIGHT</p></td>
<td><p>BOTTOM</p>
<p>-TO-</p>
<p>TOP</p></td>
<td>NO</td>
<td>SNAP</td>
<td>n/a</td>
<td>n/a</td>
<td>n/a</td>
<td>TRANS-PARENT</td>
<td>NONE</td>
<td>n/a</td>
<td><em>PopUp Captions w/o Black Background</em></td>
</tr>
<tr class="even">
<td>3</td>
<td>CNTR</td>
<td><p>LEFT</p>
<p>-TO-RIGHT</p></td>
<td><p>BOTTOM</p>
<p>-TO-</p>
<p>TOP</p></td>
<td>NO</td>
<td>SNAP</td>
<td>n/a</td>
<td>n/a</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>NONE</td>
<td>n/a</td>
<td><em>NTSC Style Centered PopUp Captions</em></td>
</tr>
<tr class="odd">
<td>4</td>
<td>LEFT</td>
<td><p>LEFT</p>
<p>-TO- RIGHT</p></td>
<td><p>BOTTOM-TO-</p>
<p>TOP</p></td>
<td>YES</td>
<td>SNAP</td>
<td>n/a</td>
<td>n/a</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>NONE</td>
<td>n/a</td>
<td><em>NTSC Style RollUp Captions</em></td>
</tr>
<tr class="even">
<td>5</td>
<td>LEFT</td>
<td><p>LEFT</p>
<p>-TO- RIGHT</p></td>
<td><p>BOTTOM-TO-</p>
<p>TOP</p></td>
<td>YES</td>
<td>SNAP</td>
<td>n/a</td>
<td>n/a</td>
<td>n/a</td>
<td>TRANS-PARENT</td>
<td>NONE</td>
<td>n/a</td>
<td><em>RollUp Captions w/o Black Background</em></td>
</tr>
<tr class="odd">
<td>6</td>
<td>CNTR</td>
<td><p>LEFT</p>
<p>-TO- RIGHT</p></td>
<td><p>BOTTOM-TO-</p>
<p>TOP</p></td>
<td>YES</td>
<td>SNAP</td>
<td>n/a</td>
<td>n/a</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>NONE</td>
<td>n/a</td>
<td><em>NTSC Style Centered RollUp Captions</em></td>
</tr>
<tr class="even">
<td>7</td>
<td>LEFT</td>
<td><p>TOP</p>
<p>-TO-</p>
<p>BOTTOM</p></td>
<td><p>RIGHT</p>
<p>-TO-</p>
<p>LEFT</p></td>
<td>NO</td>
<td>SNAP</td>
<td>n/a</td>
<td>n/a</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>NONE</td>
<td>n/a</td>
<td><em>Ticker Tape</em></td>
</tr>
</tbody>
</table>

Table 4 Predefined Window Style ID's

<table>
<colgroup>
<col style="width: 8%" />
<col style="width: 9%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 5%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 5%" />
<col style="width: 9%" />
</colgroup>
<tbody>
<tr class="odd">
<td><strong>Predefined Style ID</strong></td>
<td><strong>Pen Size</strong></td>
<td><p><strong>Font</strong></p>
<p><strong>Style</strong></p></td>
<td><strong>Offset</strong></td>
<td><strong>Italics</strong></td>
<td><strong>Underline</strong></td>
<td><strong>Edge Type</strong></td>
<td><p><strong>Foregrnd</strong></p>
<p><strong>Color</strong></p></td>
<td><p><strong>Foregrnd</strong></p>
<p><strong>Opacity</strong></p></td>
<td><strong>Backgrnd Color</strong></td>
<td><p><strong>Backgrnd</strong></p>
<p><strong>Opacity</strong></p></td>
<td><p><strong>Edge</strong></p>
<p><strong>Color</strong></p></td>
<td><strong>Usage</strong></td>
</tr>
<tr class="even">
<td>1</td>
<td>STNDR</td>
<td>0</td>
<td>NORMAL</td>
<td>NO</td>
<td>NO</td>
<td>NONE</td>
<td><p>(2,2,2)</p>
<p>White</p></td>
<td>SOLID</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>n/a</td>
<td><em>Default NTSC Style*</em></td>
</tr>
<tr class="odd">
<td>2</td>
<td>STNDR</td>
<td>1</td>
<td>NORMAL</td>
<td>NO</td>
<td>NO</td>
<td>NONE</td>
<td><p>(2,2,2)</p>
<p>White</p></td>
<td>SOLID</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>n/a</td>
<td><em>NTSC Style* Mono w/ Serif</em></td>
</tr>
<tr class="even">
<td>3</td>
<td>STNDR</td>
<td>2</td>
<td>NORMAL</td>
<td>NO</td>
<td>NO</td>
<td>NONE</td>
<td><p>(2,2,2)</p>
<p>White</p></td>
<td>SOLID</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>n/a</td>
<td><em>NTSC Style* Prop w/ Serif</em></td>
</tr>
<tr class="odd">
<td>4</td>
<td>STNDR</td>
<td>3</td>
<td>NORMAL</td>
<td>NO</td>
<td>NO</td>
<td>NONE</td>
<td><p>(2,2,2)</p>
<p>White</p></td>
<td>SOLID</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>n/a</td>
<td><em>NTSC Style* Mono w/o Serif</em></td>
</tr>
<tr class="even">
<td>5</td>
<td>STNDR</td>
<td>4</td>
<td>NORMAL</td>
<td>NO</td>
<td>NO</td>
<td>NONE</td>
<td><p>(2,2,2)</p>
<p>White</p></td>
<td>SOLID</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td>SOLID</td>
<td>n/a</td>
<td><em>NTSC Style* Prop w/o Serif</em></td>
</tr>
<tr class="odd">
<td>6</td>
<td>STNDR</td>
<td>3</td>
<td>NORMAL</td>
<td>NO</td>
<td>NO</td>
<td>UNIFRM</td>
<td><p>(2,2,2)</p>
<p>White</p></td>
<td>SOLID</td>
<td>n/a</td>
<td>TRANS-PARENT</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td><em>Mono w/o Serif, Bordered Text, No BG</em></td>
</tr>
<tr class="even">
<td>7</td>
<td>STNDR</td>
<td>4</td>
<td>NORMAL</td>
<td>NO</td>
<td>NO</td>
<td>UNIFRM</td>
<td><p>(2,2,2)</p>
<p>White</p></td>
<td>SOLID</td>
<td>n/a</td>
<td>TRANS-PARENT</td>
<td><p>(0,0,0)</p>
<p>Black</p></td>
<td><em>Prop. w/o Serif, Bordered Text, No BG</em></td>
</tr>
</tbody>
</table>

Table 5 Predefined Pen Style ID's \* \"NTSC Style\" - White Text on
Black Background

\(j\) *Pen Size*. Decoders must support the standard, large, and small
pen sizes and must allow the caption provider to choose a pen size and
allow the viewer to choose an alternative size.

The STANDARD pen size should be implemented such that the height of the
tallest character in any implemented font is no taller than 1/15 of the
height of the safe-title area, and the width of the widest character is
no wider than 1/32 of the width of the safe-title area for 4:3 displays
and 1/42 of the safe-title area width for 16:9 displays.

The LARGE pen size should be implemented such that the width of the
widest character in any implemented font is no wider than 1/32 of the
safe-title area for 16:9 displays. This recommendation allows for
captions to grow to a LARGE pen size without having to reformat the
caption since no caption will have more than 32 characters per row.

\(k\) *Font Styles*. Decoders must support the eight fonts listed below.
Caption providers may specify 1 of these 8 font styles to be used to
write caption text. The styles specified in the "font style" parameter
of the **SetPenAttributes** command are numbered from 0 through 7.

The following is a list of the 8 required font styles. For information
purposes only, each font style references one or more popular fonts
which embody the characteristics of the style:

> 0 - Default (undefined)
>
> 1 - Monospaced with serifs (similar to Courier)
>
> 2 - Proportionally spaced with serifs (similar to Times New Roman)
>
> 3 - Monospaced without serifs (similar to Helvetica Monospaced)
>
> 4 - Proportionally spaced without serifs (similar to Arial and Swiss)
>
> 5 - Casual font type (similar to Dom and Impress)
>
> 6 - Cursive font type (similar to Coronet and Marigold)
>
> 7 - Small capitals (similar to Engravers Gothic)

Font styles may be implemented in any typeface which the decoder
manufacturer deems to be a readable rendition of the font style, and
need not be in the exact typefaces given in the example above. Decoders
must include the ability for consumers to choose among the eight fonts.
The decoder must display the font chosen by the caption provider unless
the viewer chooses a different font.

\(l\) *Character Offsetting*. Decoders need not implement the character
offsetting (i.e., subscript and superscript) pen attributes.

\(m\) *Pen Styles*. At a minimum, decoders must implement normal,
italic, and underline pen styles.

\(n\) *Foreground Color and Opacity*. (1) At a minimum, decoders must
implement transparent, translucent, solid and flashing character
foreground type attributes.

\(2\) At a minimum, decoders must implement the following character
foreground colors: white, black, red, green, blue, yellow, magenta and
cyan.

\(3\) Caption providers may specify the color/opacity. Decoders must
include the ability for consumers to choose among the color/opacity
options. The decoder must display the color/opacity chosen by the
caption provider unless the viewer chooses otherwise.

\(o\) *Background Color and Opacity*. (1) Decoders must implement the
following background colors: white, black, red, green, blue, yellow,
magenta and cyan. It is recommended that this background is extended
beyond the character foreground to a degree that the foreground is
separated from the underlying video by a sufficient number of background
pixels to insure the foreground is separated from the background.

\(2\) Decoders must implement transparent, translucent, solid and
flashing background type attributes. Caption providers may specify the
color/opacity. Decoders must include the ability for consumers to choose
among the color/opacity options. The decoder must display the
color/opacity chosen by the caption provider unless the viewer chooses
otherwise.

\(p\) *Character Edges*. Decoders must implement separate edge color and
type attribute control.

\(q\) *Color Representation*. (1) At a minimum, decoders must support
the 8 colors listed in Table 6.

  --------------------------- --------------- ------------- -------------
  **Color**                   **Red**         **Green**     **Blue**

  Black                       0               0             0

  White                       2               2             2

  Red                         2               0             0

  Green                       0               2             0

  Blue                        0               0             2

  Yellow                      2               2             0

  Magenta                     2               0             2

  Cyan                        0               2             2
  --------------------------- --------------- ------------- -------------

Table 6 Minimum Color List Table

\(2\) When a decoder supporting this Minimum Color List receives an RGB
value not in the list, it will map the received value to one of the
values in the list via the following algorithm:

-   All one (1) values are to be changed to 0

```{=html}
<!-- -->
```
-   All two (2) values are to remain unchanged

```{=html}
<!-- -->
```
-   All three (3) values are to be changed to 2

For example, the RGB value (1,2,3) will be mapped to (0,2,2), (3,3,3)
will be mapped to (2,2,2) and (1,1,1) will be mapped to (0,0,0).

> \(3\) Table 7 is an alternative minimum color list table supporting 22
> colors.

  --------------------------- --------------- ------------- -------------
  **Color**                   **Red**         **Green**     **Blue**

  Black                       0               0             0

  Gray                        1               1             1

  White                       2               2             2

  Bright White                3               3             3

  Dark Red                    1               0             0

  Red                         2               0             0

  Bright Red                  3               0             0

  Dark Green                  0               1             0

  Green                       0               2             0

  Bright Green                0               3             0

  Dark Blue                   0               0             1

  Blue                        0               0             2

  Bright Blue                 0               0             3

  Dark Yellow                 1               1             0

  Yellow                      2               2             0

  Bright Yellow               3               3             0

  Dark Magenta                1               0             1

  Magenta                     2               0             2

  Bright Magenta              3               0             3

  Dark Cyan                   0               1             1

  Cyan                        0               2             2

  Bright Cyan                 0               3             3
  --------------------------- --------------- ------------- -------------

Table 7 Alternative Minimum Color List Table

When a decoder supporting the Alternative Minimum Color List in Table 7
receives an RGB value not in the list (i.e., an RGB value whose non-zero
elements are not the same value), it will map the received value to one
of the values in the list via the following algorithm:

-   For RGB values with all elements non-zero and different - e.g.,
    (1,2,3), (3,2,1), and (2,1,3), the 1 value will be changed to 0, the
    2 value will remain unchanged, and the 3 value will be changed to 2.

-   For RGB values with all elements non-zero and with two common
    elements - e.g. (3,1,3), (2,1,2), and (2,2,3), if the common
    elements are 3 and the uncommon one is 1, then the 1 elements is
    changed to 0; e.g. (3,1,3) -\> (3,0,3). If the common elements are 1
    and the uncommon element is 3, then the 1 elements are changed to 0,
    and the 3 element is changed to 2; e.g. (1,3,1) -\> (0,2,0). In all
    other cases, the uncommon element is changed to the common value;
    e.g., (2,2,3) -\> (2,2,2), (1,2,1) -\> (1,1,1), and (3,2,3) -\>
    (3,3,3).

All decoders not supporting either one of the two color lists described
above, must support the full 64 possible RGB color value combinations*.*

\(r\) *Character Rendition Considerations*. In NTSC Closed Captioning,
decoders were required to insert leading and trailing spaces on each
caption row. There were two reasons for this requirement:

\(i\) to provide a buffer so that the first and last characters of a
caption row do not fall outside the safe title area, and

\(ii\) to provide a black border on each side of a character so that the
"white" leading pixels of the first character on a row and the trailing
"white" pixels of the last character on a row do not bleed into the
underlying video.

Since caption windows are required to reside in the safe title area of
the DTV screen, reason i (above) is not applicable to DTVCC captions.

The attributes available in the **SetPenAttributes** command for
character rendition (e.g.,character background and edge attributes)
provide unlimited flexibilty to the caption provider when describing
caption text in an ideal decoder implementation. However, manufacturers
need not implement all pen attributes. Thus it is recommended that no
matter what the level of implementation, decoder manufacturers should
take into account the readability of all caption text against a variety
of all video backgrounds, and should implement some automatic character
delineation when the individual control of character foreground,
background and edge is not supported.

\(s\) *Service Synchronization*. Service Input Buffers must be at least
128 bytes in size. Caption providers must keep this lower limit in mind
when following Delay commands with other commands and window text. In
other words, no more than 128 bytes of DTVCC commands and text should be
transmitted (encoded) before a pending Delay command's delay interval
expires.

\(t\) *Settings*. Decoders must include an option that permits a viewer
to choose a setting that will display captions as intended by the
caption provider (a default). Decoders must also include an option that
allows a viewer's chosen settings to remain until the viewer chooses to
alter these settings, including periods when the television is turned
off.

PART 79---CLOSED CAPTIONING OF VIDEO PROGRAMMING

Part 79 of Title 47 of the Code of Federal Regulations is amended as
follows:

1.  The authority citation for Part 79 continues to read as follows:

Authority: 47 U.S.C. 613

2.  Section 79.1(a)(4) is amended to read as follows:

```{=html}
<!-- -->
```
(4) Closed captioning. The visual display of the audio portion of video
    programming pursuant to the technical specifications set forth in
    Part 15 of this chapter

```{=html}
<!-- -->
```
3.  Section 79.1(c) is amended to read as follows:

\(c\) Obligation to Pass Through Captions of Already Captioned Programs.
All video programming distributors shall deliver all programming
received from the video programming owner or other origination source
containing closed captioning to receiving television households with the
original closed captioning data intact in a format that can be recovered
and displayed by decoders meeting the standards of Part 15 of this
chapter unless such programming is recaptioned or the captions are
reformatted by the programming distributor.

Appendix C

FINAL REGUALTORY FLEXIBILITY ANALYSIS

As required by the Regulatory Flexibility Act ("RFA"),[^122] an Initial
Regulatory Flexibility Analysis ("IRFA") was incorporated into the
*Notice of Proposed Rule Making* ("NPRM") in this docket, ET Docket
99-254.[^123] The Commission sought written public comment on the
proposals in the NPRM, including comment on the IRFA. The Final
Regulatory Flexibility Analysis ("FRFA") in this Report and Order
conforms to the RFA.[^124]

**A. Need for, and Objectives of, the Report and Order.**

This Report and Order amends the Commission's rules to adopt technical
standards for the display of closed captions on digital television
(\"DTV\") receivers. In 1990, Congress passed the Television Decoder
Circuitry Act (\"TDCA\").[^125] The TDCA requires that any apparatus
designed to receive television broadcast signals, manufactured or
imported for use in the United States, must be able to display closed
captioned information if its television screen is 33 centimeters (13
inches) or larger. The TDCA also instructs the Commission to ensure that
closed captioning service continues to be available to consumers as new
video technology is developed. The introduction of digital broadcasting
requires the Commission to update its rules to fulfill its continuing
obligations under the TDCA.

**B. Summary of Significant Issues raised by Public Comments in Response
to the IRFA.**

No comments were filed in response to the IRFA or specifically regarding
small entities.

C. Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply.

The RFA directs agencies to provide a description of, and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted.[^126] The RFA generally
defines the term \"small entity\" as having the same meaning as the
terms \"small business,\" \"small organization,\" and \"small
governmental jurisdictions.\" In addition, the term \"small business\"
has the same meaning as the term \"small business concern\" under the
Small Business Act, 15 U.S.C. § 632, unless the

Commission has developed one or more definitions that are appropriate to
its activities.[^127] A \"small business concern\" is one that: (1) is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) meets any additional criteria established by the
Small Business Administration (\"SBA\").[^128]

[Television Equipment Manufacturers]{.underline}. According to the
SBA\'s regulations, television equipment manufacturers must have 750 or
fewer employees in order to qualify as a small business concern.[^129]
Census Bureau data indicates that there are 858 U.S. companies that
manufacture radio and television broadcasting and communications
equipment, and that 778 of these firms have fewer than 750 employees and
would be classified as small entities.[^130] The Census Bureau category
is very broad, and specific figures are not available as to how many of
these firms are manufacturers of television equipment. However, we
believe that many of the companies that manufacture television equipment
may qualify as small entities.

[Multichannel Video Programming Distributors (\"MVPDs\")]{.underline}.
The SBA has developed a definition of small entities for cable and other
pay television services under Standard Industrial Classification 4841
(SIC 4841), which covers subscription television services, which
includes all such companies with annual gross revenues of \$11 million
or less.[^131] This definition includes cable systems operators, closed
circuit television services, direct broadcast satellite services,
multipoint distribution systems, satellite master antenna systems and
subscription television services. According to the Census Bureau, there
were 1,423 such cable and other pay television services generating less
than \$11 million in revenue that were in operation for at least one
year at the end of 1992.[^132] The following provides a more precise
estimate for the affected MVPD services individually.

[Cable Services or Systems.]{.underline} The Commission has developed,
with SBA's approval, its own definition of a \"small cable company\" and
\"small system\" for the purposes of rate regulation. Under the
Commission\'s rules, a \"small cable company,\" is one serving fewer
than 400,000 subscribers nationwide.[^133] Based on our most recent
information, we estimate that there were 1,439 cable companies that
qualified as small cable companies at the end of 1995.[^134] Since then,
some of those companies may have grown to serve over 400,000
subscribers, and others may have been involved in transactions that
caused them to be combined with other cable companies. Consequently, we
estimate that there are fewer than 1,439 small entity cable companies.
The Commission\'s rules also define a \"small system,\" for the purposes
of cable rate regulation, as a cable system with 15,000 or fewer
subscribers.[^135] We do not request nor do we collect information
concerning cable systems serving 15,000 or fewer subscribers and thus
are unable to estimate at this time the number of small cable systems
nationwide.

The Communications Act also contains a definition of a \"small cable
operator,\" which is \"a cable operator that, directly or through an
affiliate, serves in the aggregate fewer than 1 percent of all
subscribers in the United States and is not affiliated with any entity
or entities whose gross annual revenues in the aggregate exceed
\$250,000,000.\"[^136] The Commission has determined that there are
61,700,000 subscribers in the United States. Therefore, we found that an
operator serving fewer than 617,000 subscribers is deemed a small
operator, if its annual revenues, when combined with the total annual
revenues of all of its affiliates, do not exceed \$250 million in the
aggregate.[^137] Based on available data, we find that the number of
cable operators serving 617,000 subscribers or less totals 1,450.[^138]
Although it seems certain that some of these cable system operators are
affiliated with entities whose gross annual revenues exceed
\$250,000,000, we are unable at this time to estimate with greater
precision the number of cable system operators that would qualify as
small cable operators under the definition in the Communications Act.
Furthermore, of those cable system operators that may qualify as small
cable operators, only those that deliver digital cable programming would
be affected by our rules. According to General Instrument Corporation,
approximately 1,000 headends are currently delivering digital video
signals.[^139] It is uncertain how many of these 1,000 cable operators
fall under the definition of a small cable company based on the
Commission\'s rules or the Communications Act, but in any event the
number would be no greater than 1,000.

[Direct Broadcast Satellite ("DBS") Service]{.underline}. The SBA
includes DBS service in its classification of cable and other pay
television services. Therefore, a small DBS service is defined as a
company generating \$11 million or less in annual receipts.[^140] As of
November 1999, there were four DBS licensees, one of which was not in
operation. Providing DBS service requires a great investment of capital
to build, launch, and operate satellite systems. Typically, small
businesses do not have the financial ability to become DBS licensees
because of the high implementation costs associated with launching
satellites. Most recent industry statistics suggest that the revenue
attributed to DBS subscribers for EchoStar was \$682.8 million for the
year of 1998 and \$1.55 billion for DirecTV. We do not have similar
revenue information for the third operating licensee, Dominion Video
Satellite, Inc. However, we do not believe that any DBS licensees could
be categorized as a small business.

[Home Satellite Dish ("HSD") Service]{.underline}. The market for HSD
service is difficult to quantify. HSD owners have access to more than
500 channels of programming placed on C-band satellites by programmers
for receipt and distribution by MVPDs, of which 350 channels are
scrambled and approximately 150 channels are unscrambled.[^141] To
receive scrambled channels, an HSD owner must purchase an integrated
receiver-decoder from an equipment dealer and pay a subscription fee to
an HSD programming packager. Thus, those HSD users that subscribe to a
programming package are similar to consumers that subscribe to cable and
other pay television services. Accordingly, it appears that the
definition of small entity under SIC 4841 (i.e., all such companies
generating \$11 million or less in annual receipts[^142]) would be
applicable to this service.

According to the most recently available information, there are
approximately 20 to 25 program packagers nationwide offering packages of
scrambled programming to retail consumers.[^143] As of June 1999, these
program packagers provide subscriptions to approximately 1,783,411
subscribers nationwide.[^144] This is an average of about 90,000
subscribers per program packager. This is substantially smaller than the
400,000 subscribers used in the Commission's definition of a small
multiple system operator ("MSO"). Furthermore, because this is an
average, it is likely that some program packagers may be substantially
smaller. Therefore, this Report and Order could affect all 25 program
packagers.

D. Description of Projected Reporting, Record Keeping and Other
Compliance Requirements.

The Commission\'s rules require television receivers to be verified for
compliance with applicable FCC technical requirements. [See]{.underline}
47 CFR Sections 15.101, 15.117, and 2.951, *et seq*. Documentation
concerning the verification must be kept by the manufacturer or
importer. The rules adopted in this proceeding require that digital
television receivers comply with industry-developed standards for closed
captioning display. However, testing regarding closed captioning display
is not necessary because compliance with the industry-developed
standards, and the associated Commission rules, can be determined easily
during the equipment design process. The Commission may, of course, ask
manufacturers and importers to document upon occasion how a particular
television receiver or computer system complies with the closed
captioning display requirements. This should be a nominal request,
requiring no specific expertise or knowledge, and should be accomplished
in a very brief amount of time.

E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered.

The RFA requires an agency to describe any significant alternatives that
it has considered in reaching its proposed approach, which may include
the following four alternatives (among others): (1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use of
performance, rather than design, standards; and (4) an exemption from
coverage of the rule, or any part thereof, for small entities. 5 U.S.C.
§ 603(c).

Some commenters representing cable operators and cable equipment
manufacturers are concerned that adoption of the proposals in the NPRM
will render many cable boxes obsolete.[^145] They state that the boxes
that are used to receive digital cable programming are unable to process
EIA-708 data. These boxes only read closed captioning data which has
been delivered through a cable system pursuant to the Society of Cable
Telecommunications Engineers (\"SCTE\") standard DVS-157.[^146] Many
cable boxes that only receive caption data delivered via DVS-157 are
already in customer's homes and are being used to view digital cable
programming on analog televisions.

Cable commenters propose that the Commission adopt rules that would
require that digital closed captioning information be delivered in the
DVS-157 format and would require that digital televisions (\"DTVs\")
contain decoder circuitry that responds to DVS-157. Alternatively, they
state that the Commission could consider a "dual carriage" requirement
wherein broadcasters would deliver captions in both the EIA-708 format
and the DVS-157 format[^147][^148] The third option they suggest is that
the Commission detail which advanced features are required, such as
support for multiple character colors, and let manufacturers design
receivers to accomplish these features using existing captioning
standards and the digital television's built-in graphic processing
capabilities.[^149]

We disagree with these suggested alternatives to the proposed rules. We
note that the comments and replies in this proceeding express an
overwhelming support for adoption of the EIA-708 standard.[^150]
Although commenters have raised some concerns regarding the amount of
EIA-708 to include in our rules, most were in favor of adopting at least
portions of the standard. Adoption of EIA-708 will supply manufacturers
with a uniform set of rules to follow in providing closed captioning
capability. Furthermore, EIA-708 is the logical choice for delivering
closed caption information to digital television receivers because DTVs
have been designed to receive programming formatted pursuant to the
digital television transmission standard, ATSC A/53. The transmission
standard reserves a data stream for the delivery of caption information.
EIA-708 was developed to fill that reserved space. In the NPRM the
Commission proposed that manufacturers comply with the regulations
within one year. However, to minimize the impact on businesses,
including small entities, we have provided two years in order to comply.

We note that SCTE, which is currently drafting its Digital Cable Network
Interface Standard, has delayed modifying the closed captioning
requirements in that standard, pending FCC action in this proceeding.
SCTE notes that, "Some have proposed that the references to the current
practice of using DVS-157 to transport captions be removed. They want to
be able to build portable receiving devices compatible with these
specifications without the support to decode captions carried in the
DVS-157 format."[^151] Therefore, it appears that the industry is
already working to resolve this standards issue.

F. Report to Congress.

The Commission will send a copy of the Report and Order, including this
FRFA, in a report to be sent to Congress pursuant to SBREFA.[^152] In
addition, the Commission will send a copy of the Report and Order,
including FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of
the Report and Order and FRFA (or summaries thereof) will also be
published in the Federal Register.[^153]

Statement of Commissioner Harold W. Furchtgott-Roth,

**Concurring in Part and Dissenting in Part**

I concur in all of today's Order but Part B, which adopts "additional
enhancements" that go beyond the minimum decoder requirements of Section
9 of the industry's EIA-708 standard. I would simply have implemented
the Section 9 plan, a course of action that would have been more
consistent with our statutory directive in this proceeding.

In the Television Decoder Circuitry Act, Congress required the
Commission to adopt rules governing television circuitry designed to
display closed captioning. We adopted such rules in 1991. *See* 47
C.F.R. section15.119. Congress further instructed, however, that "\[a\]s
new video technology is developed, the Commission shall take such action
as it deems appropriate to ensure that closed captioning services
*continues to be available* to consumers." 47 U.S.C. section 330(b)
(emphasis added).

I believe that, in essence, this provision instructs us to carry over
our current analog closed captioning rules into the digital television
age. That is, section 330(b) tells us to guarantee that the closed
captioning provided today under section 15.119 is not somehow omitted or
diminished -- *i.e.,* that it "continues to be available" \-- as the
industry moves toward new digital technology. To "continue" means to
maintain the *status quo*; it does not mean to create a new, more
expansive regulatory regime. Thus, section 330(b) does not create
authority to add further requirements regarding features and
functionalities not now required, as the do the "enhancements" adopted
today.

To all of this, the Commission responds by citing Part 1 of the TDCA.
*See Report & Order* at para. 17. That section, however, is simply a
legislative finding. It is not, of course, a binding statutory
directive. However one might construe it, then, it cannot trump the
plain meaning of section 330(b).

For these reasons, I must respectfully dissent from the decoder
requirements that go over and above those of Section 9.

\# \# \#

[^1]: Pub. L. No. 101-431, 104 Stat. 960 (1990) (codified at 47 U.S.C.
    §§ 303(u), 330(b)).

[^2]: Communications Act of 1934, as amended, 47 U.S.C. § 303(u).

[^3]: 47 U.S.C. § 330(b).

[^4]: *See* 47 C.F.R. § 15.119.

[^5]: *See Fourth Report and* Order in MM Docket 87-268, FCC 96-493, 62
    Fed. Reg. 14006 (1997). In that proceeding, the Commission
    incorporated into its rules ATSC Doc. A/53 (\"ATSC Digital
    Television Standard, 16 Sep 95\"), with modifications. *See also* 47
    C.F.R. § 73.682(d).

[^6]: The Electronics Industries Alliance is a trade organization
    representing the U.S. high technology community. Among other tasks,
    EIA develops performance standards for consumer electronics
    equipment. In the past we have relied upon EIA standards and
    recommendations for developing regulations covering television
    receivers. *See*, for example, Amendment of Part 15 of the
    Commission\'s Rules to Implement the Provisions of the Television
    Decoder Circuitry Act of 1990, General Docket 91-1, Report and
    Order, 6 FCC Rcd. 22419 (1991), 56 FR 27200 (1991).

[^7]: The NPRM referred to "EIA-708-A", which was the current version of
    the standard at the time. EIA-708-A has been superceded by
    EIA-708-B, which incorporates minor changes. Commenters unanimously
    request that we substitute EIA-708-B as the relevant standard. For
    ease of understanding, all references in this document will be to
    the generic term EIA-708.

[^8]: In the Matter of Closed Captioning Requirements for Digital
    Television Receivers, Notice of Proposed Rulemaking, ET Docket No.
    99-254, FCC 99-180, 64 Fed. Reg. 41897 (1999).

[^9]: The eight font styles are defined as follows: default (undefined),
    monospaced with serifs (similar to Courier), proportionally spaced
    with serifs (similar to Times New Roman), monospaced without serifs
    (similar to Helvetica Monospaced), proportionally spaced without
    serifs (similar to Arial and Swiss), casual font type (similar to
    Dom and Impress), cursive font type (similar to Coronet and
    Marigold), and small capitals (similar to Engravers Gothic). In
    parentheses following each font style is a reference to one or more
    fonts which are similar to the style.

[^10]: EIA-708, Section 9, "DTVCC Decoder Manufacturer Recommendations."

[^11]: *See*, 47 U.S.C. § 330(b).

[^12]: NPRM at para 6.

[^13]: *See, e.g.,* ALDA Comments, NADCAN Comments at 4-7; SHHH
    Comments; TDI Comments; MATP Comments; TCDHH Comments; WGBH Comments
    at 4-5; Joan Cassidy Comments; Nancy Creighton Comments; NVU
    Comments; Cynthia Clark Comments; Charles Estes Comments; Lawrence
    J. Brick Comments; PPDHHC Comments; ASDC Reply Comments; COR Reply
    Comments at 3-6; NCOD Reply Comments.

[^14]: *Id*.

[^15]: *See, e.g.,* TDI Comments at 4.

[^16]: Thomson Comments at 6-8; Toshiba Comment at 1; CEA Comments at 5.

[^17]: TDCA Sec. 2(1).

[^18]: Holmes Reply Comments at 5.

[^19]: TDCA Sec. 2(4).

[^20]: TDCA Sec. 2(5).

[^21]: *See, e.g.,* CEA Comments at 4-5;

[^22]: Thomson Comments at 7, 13.

[^23]: Toshiba comments at 3.

[^24]: TDCA Sec. 2(8).

[^25]: WGBH Comments at 9.

[^26]: Toshiba Comments at 1.

[^27]: Thomson Comments at 4-5, Toshiba Comments at 1.

[^28]: WGBH Comments at 4.

[^29]: For example, CEA states that TDCA nor the legislative history
    requires that DTV receivers provide "enhanced" closed captioning
    features. CEA Reply Comments at 4. *See* also HBO Reply Comments at
    6-7. HBO states that the Commission would be exceeding its statutory
    mandate if it adopted requirements beyond those minimally necessary
    to ensure accessibility, i.e., beyond Section 9 of EIA-708.

[^30]: TDCA Sec. 1.

[^31]: 47 U.S.C. Sec. 330(b).

[^32]: NPRM at para 8.

[^33]: See, e.g., NADCAN Comments at 7; VITAC Comments at 4; WGBH
    Comments at 6-7.

[^34]: *See*, e.g., Stephanie Buell Comments, Patricia Dobosh Comments,
    Charles C. Estes Comments. Consumers liken the ability to control
    caption size to the ability to control the audio volume.

[^35]: NADCAN Comments at 4; TDI Comments at 4; NVU Comments; WGBH
    Comments at 5.

[^36]: See, e.g., TCDHH Comments.

[^37]: *See* Making Text Legible, Designing for People with Partial
    Sight, by Aries Arditi, PhD, Lighthouse International (Making Text
    Legible) or [www.lighthouse.org](http://www.lighthouse.org/).
    Lighthouse International is a leading resource on vision impairments
    and vision rehabilitation.

[^38]: WGBH Comments at 5.

[^39]: Word wrap refers to an automatic display reformatting which
    ensures that lines of text will be displayed uniformly in the
    caption window. Ordinarily, a receiver will render a carriage return
    as a line break. However, if the caption text display size is
    altered by the viewer, and if its window rows and/or columns are
    unlocked, the carriage return may need to be ignored so that the
    rows of text may become longer or shorter to fit within the caption
    window.

[^40]: NADCAN Comments at 5; COR Reply at 4.

[^41]: For example, NADCAN states that the ability to select fonts is of
    particular benefit to deaf or hard of hearing viewers who have low
    vision. NADCAN Comments at 5.

[^42]: According to Lighthouse International, complicated, decorative or
    cursive fonts should be avoided. It further states that standard
    serif or sans-serif fonts, with familiar, easily recognizable
    characters are best and that there is some evidence that sans-serif
    fonts are more legible when character size is small relative to the
    reader's visual acuity.

[^43]: WGBH Comments at 5.

[^44]: TDCA Sec. 2(1).

[^45]: Each caption character is surrounded by a small rectangular box
    whose color and opacity values may be specified separately from the
    character foreground values.

[^46]: *See, e.g.,* Comments of TCDHH; Pamela Y. Holmes; and NVU. ALDA
    requests that the FCC require a palette of 16 colors to choose from
    for text color and background color. ALDA Comments at 2. MATP notes
    that the most basic graphic resolution of computers in use today
    provides a 16 color palette. MATP Comments at 3. *See* NADCAN
    Comments at 4-5.

[^47]: *Id.*

[^48]: TCDHH Comments.

[^49]: According to Lighthouse International, "\[p\]artial sight, aging
    and congenital color deficits all produce changes in perception that
    reduce the visual effectiveness of certain color combinations. Two
    colors that contrast sharply to someone with normal vision may be
    far less distinguishable to someone with a visual disorder." See
    Effective Color Contrast, Designing for People with Partial Sight
    and Color Deficiencies, by Aries Arditi, PhD, Lighthouse
    International or www.lighthouse.org. According to
    www.designmatrix.com, "using colors that are confused by the eyes of
    colorblind (color-deficient or dyschromatopic) people will exclude a
    significant percentage of the population . . . . \[O\]ne
    color-deficient person reports that an orange object may look orange
    in a beige field, but actually appear green in a red field!"
    http://www.designmatrix.com/pl/cyberpl/cftcb.html. According to
    IBM's instructions for web accessibility "\[f\]or many people color
    is a matter of preference, but it is critical for many users with
    visual impairments. Many people require a reasonably high contrast
    between text and the background to be able to read. They may even
    need a particular scheme . . . to prevent the background from
    'bleeding' over and obscuring the foreground text." IBM
    www-3.ibm.com/able/accesssoftware.html.

[^50]: Design Matrix.

[^51]: WGBH Comments at 5.

[^52]: *Id*. Another commenter notes of having had the pleasure of
    viewing some captions with invisible backgrounds, allowing him to
    see the entire picture on the screen. *See* Littleton Comments.

[^53]: We decline to adopt the request to require 16 colors.

[^54]: NADCAN Comments at 3.

[^55]: TDI Comments at 5.

[^56]: TDI Comments at 5.

[^57]: *See* *Second Report and Order* in MM Docket 95-176, Released
    April 14, 2000. *See also* 47 C.F.R. § 79.2(b)(3).

[^58]: NADCAN Comments at 6-7; Roger Kraft Comments; Mentkowski Family
    Comments.

[^59]: Sarnoff Reply Comments at 5.

[^60]: TDCA Sec. 2 (5) and Sec. 2(2).

[^61]: For example, CBS' 60 Minutes is closed captioned in both English
    and Spanish. *See* \"60 Minutes Finds New Audience,\" Caption Center
    News, Issue Fifty. Published by the WGBH Education Foundation.

[^62]: WGBH Comments at 6.

[^63]: *See*, for example, Comments of NAD/COR, MATP, Roger Kraft, ALDA,
    Frank Bechter, Diana Dougan, and Patricia Dobosh.

[^64]: Kraft Comments.

[^65]: *See*, for example, NAD/COR Comments.

[^66]: NAB Comments at 6.

[^67]: ATSC Document A/65, "Program and System Information Protocol for
    Terrestrial Broadcast and Cable." This document is available for
    download at www.atsc.org.

[^68]: Thomson Reply Comments at 10.

[^69]: NAB Comments at 7.

[^70]: Thomson Reply Comments at Footnote 23.

[^71]: *See*, for example, comments of the Advanced Television Systems
    Committee in *Review of the Commission's Rules and Policies
    Affecting the Conversion to Digital Television*, MM Docket No.
    00-39.

[^72]: *See*, for example, comments of the Consumer Electronics
    Manufacturers Association; NBC, Inc.; and Sony Electronic, Inc. in
    *Carriage of the Transmission of Digital Television Broadcast
    Stations*, CS Docket No. 98-120.

[^73]: *See* letter dated February 22, 2000 to William E. Kennard,
    Chairman, FCC.

[^74]: *See* GI Comments, NCTA Comments, and AT&T Comments.

[^75]: General Instruments developed DVS-157 in 1992-1993 as a means for
    delivering NTSC captioning data (formatted pursuant to industry
    standard EIA-608) within digital video signals. GI states that the
    DVS-157 technology was developed and implemented before the digital
    broadcast transmission standard was created. They assert that
    DVS-157 was established as a de facto cable industry standard and
    was formally adopted as an ANSI-approved standard before EIA-708-B
    was balloted.

[^76]: GI Comments at 5-7.

[^77]: NCTA Comments at 6.

[^78]: AT&T Reply Comments at 4.

[^79]: GI Comments at 6.

[^80]: ^.^

[^81]: GI Comments at 7-8; ATT Reply Comments at 3-6.

[^82]: GI Comments at 8-12.

[^83]: *Supra* at paragraphs 18-31.

[^84]: We note that SCTE, which is currently drafting its Digital Cable
    Network Interface Standard, has delayed modifying the closed
    captioning requirements in that standard pending FCC action in this
    proceeding. SCTE notes that, "Some have proposed that the references
    to the current practice of using DVS-157 to transport captions be
    removed. They want to be able to build portable receiving devices
    compatible with these specifications without the support to decode
    captions carried in the DVS-157 format." SCTE DVS/335, "Report of
    DVS/313 Drafting Group on Outstanding Issues of DVS 313 Revision 1",
    April 27, 2000.

[^85]: NCTA Comments at 2-3, HBO Comments at 3-5, NAB Comments at 2-4,
    NAB Reply Comments at 2-4.

[^86]: *See* NPRM at para 10. Whereas current analog receivers have a
    screen aspect ratio of 4:3, resulting in a relatively square picture
    screen, most digital receivers will have a ratio of 16:9, resulting
    in a more rectangular shape.

[^87]: *See* Thomson Comments at 13, CEMA Comments at 5.

[^88]: *See* CEMA comments at 6; Thomson comments at 13.

[^89]: Digital television receivers with conventional screen formats in
    the 4:3 ratio will be measured diagonally, in accordance with FTC
    regulations.

[^90]: *See, e.g.*, Kraft Comments, NCOD Comments, NAD/COR Comments, and
    Toshiba Comments at 2.

[^91]: WGBH Comments at paragraph 30.

[^92]: Thomson Comments at 8-10; CEA Reply Comments at 8.

[^93]: NPRM at paragraph 6.

[^94]: *Id*.

[^95]: *See* CEA comments at 10 (CEA states the Commission does not have
    authority to impose requirements on set-top DTV converter boxes and
    DTV tuners which do not have an integrated display screen. CEA
    endorses an interpretation of the law that would require DTV closed
    captioning capability on tuners and converter boxes that are
    designed to operate with monitor with displays measuring 7.8 inches
    or larger vertically.)

[^96]: Communications Act, 47 U.S.C. § 330(b).

[^97]: NPRM at para 12, emphasis added.

[^98]: *See* NAB Comments at 6; WGBH Comments at 9; COR Reply Comments
    at 9.

[^99]: *See* NAB Comments at 5; WGBH Comments at 9; COR Reply Comments
    at 9.

[^100]: Sarnoff Reply Comments at 5.

[^101]: *Id.*

[^102]: *See*, Toshiba Comments at 2, Thomson Comments at 12.

[^103]: Media Captioning Service Comments at 2.

[^104]: NPRM at paragraph 11.

[^105]: Personal video recorders (PVRs) use a hard drive instead of
    videotape to record programming and are capable of sophisticated
    time shifting and operate as a kind of hybrid electronic program
    guide and videocassette recorder. PVRs also may be used in
    conjunction with subscription services to allow consumers to create
    personalized viewing menus.

[^106]: NPRM at paragraph 14.

[^107]: Thomson urges the Commission to provide manufacturers with two
    years to begin implementation. Thomson Comments at 3. General
    Instruments and HBO also support a two-year deadline. *See* GI
    Comments at 14 and HBO Reply Comments at 2. CEA requests up to 3
    years. *See* CEMA Comments at 13. AT&T requests 4 years. *See* AT&T
    Reply Comments at 8. Toshiba requests that the requirements be
    phased in over a six year period. Toshiba Comments at 3.

[^108]: Thomson Comments at 4.

[^109]: CEA Comments at 13.

[^110]: Toshiba Comments at 3.

[^111]: NAD Comments at 9; TDI Comments at 10-11. *See also* TDI Reply
    at 5-6 and COR Reply at 10-11 (noting that manufacturers and
    programmers have had significant notice on the need to incorporate
    captions in digital programming for some time under the mandate of
    TDCA).

[^112]: WGBH comments at 9.

[^113]: For example, in the proceeding requiring program blocking
    (\"v-chip\") functions in analog television receivers, we allowed a
    phase-in period wherein manufacturers were required to include
    v-chip functions on one-half of their covered new production models
    approximately 16 months after adoption of our rules. The remainder
    of the models were required to have the functionality included
    within 6 months thereafter. Report and Order in ET Docket 97-206, 13
    FCC Rcd 11248, 63 Fed. Reg. 20131 (1998) at paras 21-24.

[^114]: TDI Comments at 10.

[^115]: See Closed Captioning and Video Description of Video
    Programming, Implementation of Section 305 of the Telecommunications
    Act of 1996, Video Programming Accessibility, MM Docket No. 95-176,
    Report and Order, 13 FCC Rcd 3272, 3300-3301 ¶ 60 (1998); Order on
    Reconsideration, 13 FCC Rcd 19973, 19986-87 ¶ 27 (1998).

[^116]: *Id.* For pre-rule programming, we adopted a ten-year transition
    period and require that 75% of pre-rule nonexempt programming be
    captioned as of January 1, 2008. 47 C.F.R. § 79.1(b)(2),(4).

[^117]: See 47 C.F.R. § 79.1(a)(6)(iii).

[^118]: NPRM at ¶ 14.

[^119]: The rules require an increasing amount of captioned new
    programming over an eight-year transition period with 100% of all
    new nonexempt programming required to be captioned effective January
    1, 2006. 47 C.F.R. § 79.1(b)(1),(3).

[^120]: WGBH Reply Comments at 5.

[^121]: *See, e.g.,* NCTA Comments at 4; HBO Comments at 6; AT&T Reply
    Comments at 608. HBO, the only commenter to propose a specific
    transition schedule for digital programming, alters its position in
    reply consistent with the requirements we adopt here. *See* HBO
    Reply Comments at 1-6.

[^122]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 *et. seq.*,
    has been amended by the Contract With America Advancement Act of
    1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of
    the CWAAA is the Small Business Regulatory Enforcement Fairness Act
    of 1996 (SBREFA).

[^123]: *See* ET Docket 99-254, FCC 99-180, 64 FR 41897 (1999).

[^124]: *See* 5 U.S.C. § 604.

[^125]: Pub. L. No. 101-431, 104 Stat. 960 (1990) (codified at 47 U.S.C.
    §§ 303(u), 303(b)).

[^126]: 5 U.S.C. § 603(b)(3).

[^127]: *See* 5 U.S.C. § 601(3).

[^128]: 15 U.S.C. § 632.

[^129]: 13 C.F.R. § 121.201, (SIC) Code 3663.

[^130]: U.S. Department of Commerce, [1992 Census Transportation,
    Communications, and Utilities,]{.underline} SIC Code 3663 (issued
    may 1995).

[^131]: 13 C.F.R. §121.201.

[^132]: 1992 Census, *supra*, at Firm Size 1‑123. *See Implementation of
    Sections of the Cable Telecommunications Consumer Protection and
    Competition Act of 1992, Rate Regulation and Cable Pricing
    Flexibility*, MM Docket No. 92-266 and CS Docket No. 96-157,
    Memorandum Opinion and Order and Notice of Proposed Rule Making, 11
    FCC Rcd 9517, 9531 (1996).

[^133]: 47 C.F.R. § 76.901(e). The Commission developed this definition
    based on its determinations that a small cable company is one with
    annual revenues of \$100 million or less. *Implementation of
    Sections of the 1992 Cable Act: Rate Regulation,* MM Docket Nos.
    92-266 & 93-215, Sixth Report and Order and Eleventh Order on
    Reconsideration, 10 FCC Rcd 7393 (1995).

[^134]: Paul Kagan Associates, Inc., *Cable TV Investor*, Feb. 29, 1996
    (based on figures for Dec. 30, 1995).

[^135]: 47 C.F.R. § 76.901(c).

[^136]: 47 U.S.C. § 543(m)(2).

[^137]: 47 C.F.R. § 76.1403(b).

[^138]: Paul Kagan Associates, Inc., *Cable TV Investor*, Feb. 29, 1996
    (based on figures for Dec. 30, 1995).

[^139]: General Instrument Corporation Comments at 6.

[^140]: 13 C.F.R. § 121.201.

[^141]: *See Annual Assessment of the Stations of Competition in Markets
    for the Delivery of Video Programming*, CS Docket No. 97-141, Fourth
    Annual Report, 13 FCC Rcd 1034, 1077-8 (1998) ¶ 68.

[^142]: 13 C.F.R. § 121.201.

[^143]: *Id*. at 1077-8 ¶ 68.

[^144]: *See Annual Assessment of the Stations of Competition in Markets
    for the Delivery of Video Programming*, CS Docket No. 99-230, Sixth
    Annual Report, 14 FCC Rcd 978, 1019 (2000) ¶ 84.

[^145]: *See* GI Comments, NCTA Comments, and AT&T Comments.

[^146]: General Instruments developed DVS-157 in 1992-1993 as a means
    for delivering NTSC captioning data (formatted pursuant to industry
    standard EIA-608) within digital video signals.

[^147]: ^.^

[^148]: GI Comments at 7-8; ATT Reply Comments at 3-6.

[^149]: GI Comments at 8-12.

[^150]: *Supra* at paragraphs 18-31.

[^151]: SCTE DVS/335, "Report of DVS/313 Drafting Group on Outstanding
    Issues of DVS 313 Revision 1", April 27, 2000.

[^152]: *See* 5 U.S.C.§ 801(a)(1)(A).

[^153]: *See* 5 U.S.C. § 604(b).