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 1 
 Federal  Communications  Commission  FCC  01-  81 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 ) 
 In  the  Matter  of:  ) 
 ) 
 Closed  Captioning  and  Video  Description  ) 
 of  Video  Programming  ) 
 ) 
 )  MM  Docket  No.  95-  176 
 ) 
 ) 
 Implementation  of  Section  305  of  the  ) 
 Telecommunications  Act  of  1996  ) 
 ) 
 Video  Programming  Accessibility  ) 


 CLARIFICATION  ORDER 
 Adopted:  February  27,  2001  Released:  March  2,  2001 
 By  the  Commission: 
 I.  INTRODUCTION 
 1.  In  this  Clarification  Order,  the  Commission  addresses  CBS  Corporation's  ("  CBS")  Request 
 for  Clarification  of  the  Order  on  Reconsideration  1  in  the  above-  captioned  proceeding  implementing  Section 
 713  of  the  Communications  Act  of  1934,  as  amended  ("  Communications  Act").  2  Section  713  titled  "Video 
 Programming  Accessibility"  was  added  to  the  Communications  Act  by  Section  305  of  the 
 Telecommunications  Act  of  1996  ("  1996  Act")  and  generally  requires  that  video  programming  be  closed 
 captioned  to  ensure  that  it  is  accessible  to  persons  with  hearing  disabilities.  3  The  National  Association  of 
 the  Deaf  and  the  Consumer  Action  Network  ("  NAD/  CAN"),  Self  Help  for  Hard  of  Hearing  People,  Inc. 
 ("  SHHH"),  and  Mr.  Jack  O'Keeffe  of  Aliquippa,  Pennsylvania  filed  comments.  The  Council  of 
 Organizational  Representatives  on  National  Issues  Concerning  People  Who  are  Deaf  or  Hard  of  Hearing 
 ("  COR")  and  Telecommunications  for  the  Deaf,  Inc.  ("  TDI")  filed  reply  comments. 


 1  Implementation  of  Section  305  of  the  Telecommunications  Act  of  1996  -  Video  Programming  Accessibility,  Order  on 
 Reconsideration,  13  FCC  Rcd  19973  (1998)  ("  Order  on  Reconsideration"). 
 2  47  U.  S.  C.    613. 


 3  Pub.  L.  104-  104,  110  Stat.  56  (1996). 
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 Federal  Communications  Commission  FCC  01-  81 
 2.  Summary  of  Decision:  To  the  extent  indicated  below,  we  grant  CBS  request  for 
 clarification.  Large  Programming  Providers  4  must  real-  time  caption  a  specific  amount  of  programming  set 
 forth  in  our  rules.  This  amount  is  called  the  Benchmark  Amount.  In  addition,  if  a  Large  Programming 
 Provider  captioned  more  programming  during  the  first  six  months  of  1997  than  the  Benchmark  Amount,  the 
 Large  Programming  Provider  must  also  caption  up  to  that  additional  amount.  If  the  Large  Programming 
 Provider  used  real-  time  captioning  during  the  first  six  months  of  1997,  our  rules  require  the  Large 
 Programming  Provider  must  real-  time  caption  its  entire  captioning  requirement  (Benchmark  Amount  plus 
 additional  amount).  If  the  Large  Programming  Provider  used  ENR  5  captioning  during  the  first  six  months 
 of  1997,  our  rules  require  that  the  Large  Programming  Provider  must  real-  time  caption  the  Benchmark 
 Amount  but  gives  the  Large  Programming  Provider  the  choice  of  whether  to  caption  the  additional  amount 
 of  programming  using  the  ENR  captioning  method  or  the  real-  time  captioning  method. 


 II.  BACKGROUND 
 3.  Section  713  required  the  Commission  to  prescribe  rules  and  implementation  schedules  for 
 the  closed  captioning  of  video  programming  6  regardless  of  the  entity  that  provides  the  programming  to 
 consumers  or  the  category  of  programming.  7  Section  713  required  the  Commission  to  adopt  rules  including 
 implementation  schedules  to  ensure  that:  (1)  video  programming  first  published  or  exhibited  after  the 
 effective  date  of  such  regulations  ("  new  programming")  is  fully  accessible  through  the  provision  of  closed 
 captions;  and  (2)  video  programming  providers  or  owners  maximize  the  accessibility  of  video  programming 
 first  published  or  exhibited  prior  to  the  effective  date  of  such  regulations  ("  pre-  rule  programming")  through 
 the  provision  of  closed  captions.  8 


 4.  The  statute  directed  the  Commission  to  adopt  exemptions  from  the  general  captioning 
 requirements  for  programs,  classes  of  programs,  or  services  for  which  we  determine  that  the  provision  of 
 closed  captioning  would  be  economically  burdensome  to  the  provider  or  owner  of  such  programming.  9  The 


 4  Defined  as  the  four  major  national  broadcast  networks  (i.  e.,  ABC,  CBS,  Fox  and  NBC),  broadcast  stations  affiliated 
 with  these  networks  in  the  top  25  television  markets  as  defined  by  Nielsen's  Designated  Market  Areas  ("  DMAs"),  and 
 nonbroadcast  networks  serving  50%  or  more  of  the  total  number  of  multichannel  video  programming  distributor 
 ("  MVPD")  households. 


 5  Formerly  known  as  electronic  newsroom  reporting  ("  ENR"),  the  Commission  now  refers  to  this  technology  as  the 


 electronic  newsroom  captioning  technique.  See  Federal  Communications  Commission  Fact  Sheet:  Closed  Captioning 
 of  Video  Programming  (June  1999). 


 6  Closed  captioning  is  an  assistive  technology  designed  to  provide  access  to  television  for  persons  with  hearing 


 disabilities.  Closed  captioning  is  similar  to  subtitles  in  that  it  displays  the  audio  portion  of  a  television  signal  as  printed 
 words  on  the  screen.  To  assist  viewers  with  hearing  disabilities,  captions  may  also  identify  speakers,  sound  effects, 
 music  and  laughter.  Unlike  subtitles,  however,  closed  captioning  is  hidden  as  encoded  data  transmitted  within  the 
 television  signal.  For  a  more  complete  description  of  closed  captioning,  See  Implementation  of  Section  305  of  the 
 Telecommunications  Act  of  1996  -  Video  Programming  Accessibility,  Report,  11  FCC  Rcd  19214  (1996)  ("  Report") 
 and  Implementation  of  Section  305  of  the  Telecommunications  Act  of  1996  -  Video  Programming  Accessibility,  Notice 
 of  Proposed  Rulemaking,  12  FCC  Rcd  1044  (1997)  ("  Notice"). 


 7  Notice  12  FCC  Rcd  at  1048;  Report  and  Order  13  FCC  Rcd  at  3276. 


 8  47  U.  S.  C.    613(  b)  &  (c). 
 9  47  U.  S.  C.    613(  d)(  1).  In  addition,  under  Section  713,  a  provider  of  video  programming  or  the  owner  of  any 
 (continued...) 
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 Federal  Communications  Commission  FCC  01-  81 
 statute  also  states  that  a  provider  of  video  programming  or  program  owner  may  petition  the  Commission  for 
 an  exemption  from  closed  captioning  when  the  requirements  would  impose  an  undue  burden,  which  is 
 defined  as  significant  difficulty  or  expense.  10  Section  713  also  gave  the  Commission  exclusive  jurisdiction 
 with  respect  to  any  complaint  under  this  section.  11  To  implement  Section  713,  the  Commission  added  a 
 new  Part  79,  Closed  Captioning  of  Video  Programming,  to  its  rules,  which  became  effective  on  January  1, 


 1998.  12 


 5.  The  Commission  established  rules  and  procedures  for  measuring  compliance  with  the 
 closed  captioning  requirements  adopted  in  the  Closed  Captioning  and  Video  Description  of  Video 
 Programming  -  Implementation  of  Section  305  of  the  Telecommunications  Act  of  1996  -  Video 
 Programming  Accessibility  ("  Report  and  Order").  13  In  the  Report  and  Order,  the  Commission  determined 
 that  it  would  allow  video  programmers  to  count,  as  part  of  compliance  with  the  closed  captioning 
 requirements,  any  captions  created  using  the  electronic  newsroom  technique.  14  The  electronic  newsroom 
 technique  is  commonly  used  for  live  programming,  especially  newscasts,  and  creates  captions  from  a  news 
 script  computer  or  teleprompter.  Only  material  that  is  scripted  can  be  captioned  using  this  technique  and, 
 thus,  within  a  program  live  field  reports,  breaking  news,  sports  and  weather  may  remain  uncaptioned.  15 


 6.  On  reconsideration,  however,  the  Commission  decided  that  it  would  be  "more  consistent 
 with  the  statutory  intent"  of  Section  713  to  limit  the  circumstances  where  we  will  count  the  use  of  electronic 
 newsroom  captioning  as  a  substitute  for  real-  time  captioning,  and  to  eventually  phase  out  our  recognition  of 
 electronic  newsroom  captioning.  16  Acknowledging  that  a  real-  time  captioning  requirement  could,  in  certain 
 instances,  impose  an  economic  burden  on  smaller  entities  since  resources  are  likely  to  be  limited  the 
 Commission,  "in  recognition  of  the  goal  of  Section  713  to  ensure  full  accessibility,  made  [its]  best  effort  to 
 identify  a  class  of  video  programmers  for  whom  a  real-  time  captioning  requirement  would  not  be 
 economically  burdensome."  17  We  concluded  that  it  would  not  be  economically  burdensome  to  impose  a 
 real-  time  captioning  requirement  on  a  limited  group  of  the  largest  video  programming  providers,  including 
 the  four  major  national  broadcast  networks  (i.  e.,  ABC,  CBS,  Fox  and  NBC),  broadcast  stations  affiliated 
 with  these  networks  in  the  top  25  television  markets  as  defined  by  Nielsen's  Designated  Market  Areas 


 (  continued  from  previous  page) 
 program  carried  by  the  provider  is  not  obligated  to  supply  closed  captions  if  such  action  would  be  inconsistent  with 
 contracts  in  effect  on  February  8,  1996,  the  date  of  enactment  of  the  1996  Act.  47  U.  S.  C.    613(  d)(  2). 


 10  47  U.  S.  C.    613(  d)(  3)  &  (e). 


 11  47  U.  S.  C.    613(  h). 
 12  For  a  more  complete  summary  of  the  rules,  see  Report  and  Order  13  FCC  Rcd  at  3280-  82.  See  also  47  C.  F.  R.  Part 
 79. 
 13  13  FCC  Rcd  3272,  3309-  13  (1997);  47  C.  F.  R.    79.1(  e). 


 14  13  FCC  Rcd  at  3311-  12;  47  C.  F.  R.    79.1(  e)(  3). 
 15  Report,  11  FCC  Rcd  at  19231,  19235. 
 16  Order  on  Reconsideration,  13  FCC  Rcd  at  19991.  "Real-  time"  captioning  is  a  methodology  that  converts  the  entire 
 audio  portion  of  a  live  program  to  captions.  See  Federal  Communications  Commission  Fact  Sheet:  Closed  Captioning 
 of  Video  Programming  (June  1999). 


 17  Id.  at  19991-  92. 
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 Federal  Communications  Commission  FCC  01-  81 
 ("  DMAs"),  and  nonbroadcast  networks  serving  50%  or  more  of  the  total  number  of  multichannel  video 
 programming  distributor  ("  MVPD")  households  (hereinafter  "Large  Programming  Providers").  18  Whenever 
 a  broadcast  television  station,  a  broadcast  television  network  or  a  nonbroadcast  network  satisfies  one  of 
 these  criteria,  it  becomes  subject  to  the  limitations  placed  on  the  use  of  electronic  newsroom  captioning  to 
 comply  with  our  rules.  19 


 7.  We  established  an  eight-  year  transition  schedule  to  phase  in  closed  captioning  for  new  non-exempt 
 video  programming  with  benchmarks  set  at  two-  year  intervals.  20  Captioning  is  measured  on  a  per 
 channel,  calendar  quarter  basis.  21  To  ensure  that  video  programming  distributors  have  sufficient  time  to 
 make  the  necessary  arrangements  to  comply  with  closed  captioning  requirements,  the  initial  benchmark  for 


 captioning  was  set  for  the  first  calendar  quarter  of  2000.  22  For  example,  the  timetable  for  closed  captioning 
 of  new  English  language  programming  is  set  forth  in  Section  79.  1(  b)(  1)  of  the  Commission's  rules.  In  2000 
 and  2001,  video  program  distributors  must  provide  at  least  450  hours  of  captioned  new  programming  per 
 channel  during  each  calendar  quarter.  In  2002  and  2003,  that  number  will  increase  to  900  hours  per 
 channel,  per  calendar  quarter.  In  2004  and  2005,  that  number  will  increase  to  an  average  of  1,350  hours  per 
 channel,  per  calendar  quarter.  As  of  January  1,  2006,  100%  of  the  distributor's  new,  nonexempt  programs 


 must  be  provided  with  captions.  23  Notwithstanding  the  specific  transition  requirements  and  the  exemptions 
 otherwise  provided  for  in  the  rules,  in  order  to  make  sure  that  the  level  of  captioning  is  generally  increasing, 
 the  Commission  also  required  video  programming  providers  to  continue  to  provide  closed  captioning  at  a 
 level  substantially  the  same  as  the  average  level  that  they  provided  during  the  first  six  months  of  1997,  even 
 if  the  amount  of  captioned  programming  exceeds  the  requirement  under  the  benchmarks.  24  The 
 Commission  refers  to  this  requirement  as  the  "no  backsliding"  rule. 


 III.  DISCUSSION 
 8.  CBS's  request  seeks  to  have  the  Commission  clarify  the  obligations  of  those  program 
 providers  that  used  the  electronic  newsroom  technique  during  the  first  six  months  of  1997  and  will  not  be 
 permitted  to  count  electronic  newsroom  captioned  programming  toward  the  applicable  captioning 
 requirements  beginning  January  1,  2000.  Specifically,  CBS  seeks  an  order  clarifying  that  these  program 
 providers,  while  encouraged  to  switch  to  real-  time  captioning,  will  be  permitted  to  continue  to  use  electronic 
 newsroom  captioning  to  fulfill  their  obligation  to  caption  substantially  the  same  amount  of  live 
 programming  as  they  captioned  using  this  method  in  1997,  as  long  as  they  do  not  count  electronic 
 newsroom  captioning  towards  compliance  with  the  applicable  benchmark  requirements. 


 18  Id.  at  19992. 
 19  Id. 
 20  Programs  first  shown  on  or  after  January  1,  1998,  are  considered  "new"  programming. 
 21  47  C.  F.  R.    79.  1(  e)(  1). 
 22  Report  and  Order,  13  FCC  Rcd  at  3294. 
 23  With  respect  to  all  the  benchmark  periods,  if  a  video  programming  distributor  provides  less  than  the  prescribed 
 number  of  hours  of  new  nonexempt  video  programming,  then  95%  of  its  new  nonexempt  video  programming  must  be 
 provided  with  captions.  47  C.  F.  R.    79.1(  b)(  1). 


 24  47  C.  F.  R.    79.  1(  b)(  3). 
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 Federal  Communications  Commission  FCC  01-  81 
 9.  CBS  seeks  clarification  of  the  real-  time  captioning  requirement  in  conjunction  with  the 
 applicable  benchmarks  and  the  no  backsliding  rule.  Specifically,  CBS  seeks  clarification  regarding  whether 
 it  is  permitted  to  count  electronic  newsroom  captioning  towards  compliance  with  the  no  backsliding  rule  as 
 long  as  it  does  not  count  electronic  newsroom  captioned  programming  to  meet  the  express  benchmark 
 requirements.  In  discussing  the  real-  time  captioning  requirement,  we  stated  in  the  Order  on 
 Reconsideration  that: 


 we  believe  that  a  better  balance  of  the  desire  to  ensure  accessibility  of  video  programming  against 
 the  reality  of  resource  limitations,  is  to  find  that  certain  video  programming  providers,  i.  e.,  those 
 most  likely  to  have  access  to  real-  time  captioning  resources  and  for  which  such  a  requirement  will 
 not  impose  an  economic  burden,  should  not  be  allowed  to  use  [electronic  newsroom  captioning]  in 
 lieu  of  real-  time  captioning.  25 


 Portions  of  the  Order  on  Reconsideration  refer  to  the  amount  of  programming  that  a  Large  Programming 
 Provider  must  real-  time  caption  to  remain  in  "compliance  with  the  rules,"  26  while  other  portions  refer  to 
 real-  time  captioning  "required  by  the  benchmark."  27 


 10.  NAD/  CAN  maintain  that  CBS  and  other  providers  covered  by  the  Commission's  new  real-time 
 mandates  should  not  be  permitted  to  count  electronic  newsroom  captioning  toward  compliance  with 
 any  of  the  Commission's  captioning  mandates,  including  the  no  backsliding  rule.  NAD/  CAN  argue  that 
 permitting  providers  to  fulfill  their  captioning  obligations  through  electronic  newsroom  captioning  would 
 conflict  with  Congress'  mandate  for  full  access  to  video  programming.  28 


 11.  SHHH  contends  that  the  Commission  determined  that,  beginning  January  1,  2000,  the  four 
 major  national  broadcast  networks  (ABC,  CBS,  Fox  and  NBC)  and  television  stations  in  the  top  25 
 television  markets  that  are  affiliated  with  these  networks  will  not  be  permitted  to  count  electronic  newsroom 
 captioned  programming  toward  compliance  with  their  captioning  requirements.  SHHH  argues  that  CBS's 
 interpretation  of  this  mandate  would  effectively  grandfather  certain  past  users  of  electronic  newsroom 
 captioning  and  permit  them  to  continue  using  the  electronic  newsroom  captioning  method  in  the  year  2000 
 and  beyond.  29  SHHH  argues  that  the  Commission  should  affirm  that,  effective  January  1,  2000  and 
 thereafter,  the  major  national  broadcast  television  networks  and  their  affiliates  in  the  top  25  television 
 markets  shall,  in  addition  to  meeting  the  applicable  benchmarks,  continue  to  provide  captioning  at  a  level 
 substantially  the  same  as  the  average  level  of  captioning  that  they  provided  during  the  first  six  months  of 
 1997,  and  shall  not  count  new  programming  captioned  by  the  electronic  newsroom  captioning  technique 


 25  Order  on  Reconsideration,  13  FCC  Rcd  at  19991-  92  (emphasis  added). 
 26  Id.  at  19991-  92  (See  paragraphs  38  &  40). 
 27  Id.  at  19993  (See  paragraph  40). 
 28  NAD/  CAN  Comments  at  2-  4.  NAD/  CAN  assert  that  full  access  cannot  be  achieved  with  electronic  newsroom 
 captioning  because  it  does  not  provide  captioning  of  live  interviews,  field  reports,  sports  and  weather  updates,  late 
 breaking  stories  which  are  not  pre-  scripted,  and  banter  among  anchor  persons.  Id.  at  3. 


 29  SHHH  Comments  at  2. 
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 Federal  Communications  Commission  FCC  01-  81 
 towards  compliance  with  these  rules.  30 
 12.  COR  opposes  the  CBS  proposal  that  it  be  permitted  to  continue  counting  the  electronic 
 newsroom  captioning  technique  to  satisfy  the  no  backsliding  rule,  as  it  would  nullify  the  intent  and  effect  of 
 both  Section  713  of  the  Communications  Act  and  the  Commission's  own  real-  time  ruling  in  its  Order  on 
 Reconsideration.  31  TDI  opposes  CBS's  request  for  clarification  for  three  reasons.  First,  the  Commission's 
 Order  on  Reconsideration  states  plainly  that  electronic  newsroom  captioning  will  not  be  acceptable  for  any 
 nonexempt  programming.  32  Second,  the  Commission  determined  that  electronic  newsroom  captioning  is 
 inferior  to  real-  time  closed  captioning  because  it  does  not  provide  the  same  degree  of  access  to  the 
 individuals  who  are  deaf,  hard  of  hearing,  late  deaf,  and  deaf-  blind.  33  Finally,  TDI  argues  that  the  financial 
 impact  on  CBS  for  implementing  real-  time  closed  captioning  is  neither  significant  nor  burdensome.  34 


 13.  Mr.  Jack  O'Keeffe  argues  that  the  Commission  should  reject  CBS's  request  and  reaffirm 
 that  the  rules  require  CBS  and  its  affiliates  in  the  top  25  television  markets,  in  addition  to  meeting  all 
 captioning  benchmarks,  continue  to  provide  captioning  at  substantially  the  same  level  provided  during  the 
 first  six  months  of  1997,  and  should  not  count  programming  captioned  by  electronic  newsroom  captioning 


 towards  compliance.  35 


 14.  To  the  extent  necessary,  we  hereby  clarify  the  interaction  between  our  closed  captioning 
 rules.  Section  79.  1(  b)(  5),  the  no  backsliding  rule,  requires  that  video  programming  distributors  shall 
 continue  to  provide  captioned  programming  at  substantially  the  same  level  as  the  average  level  of  captioning 
 that  they  provided  during  the  first  six  months  of  1997  even  if  that  amount  of  captioning  exceeds  the 


 benchmark  requirements  set  forth  in  Section  79.  1(  b)(  1)-(  4).  36  A  programming  provider  must  satisfy  its 
 express  benchmark  requirement,  and  the  amount  required  by  the  no  backsliding  rule  if  the  amount  of 
 programming  captioned  through  any  method  for  the  first  six  months  of  1997  exceeds  the  express  benchmark 
 requirements. 


 15.  With  regard  to  Large  Programming  Providers,  we  hereby  clarify  that  to  satisfy  the 
 electronic  newsroom  captioning  requirement  set  forth  in  Section  79.1(  e)(  3),  those  providers  must  real-time 
 caption  only  the  express  benchmark  amount  set  forth  in  Sections  79.  1(  b)(  1)-(  4).  If  the  amount 
 required  by  the  no  backsliding  rule  of  Section  79.1(  b)(  5)  exceeds  the  express  benchmark  requirements, 


 30  Id.  at  5. 
 31  COR  Reply  Comments  at  2.  COR  argues  that  video  programming  providers  have  an  obligation  under  Section  713 
 to  provide  full  access  to  their  programs  unless  doing  so  would  impose  an  economic  or  undue  burden  on  these  providers. 
 COR  also  notes  that  the  Commission  has  already  determined  that  "persons  with  hearing  disabilities  do  not  have  full 
 access  to  .  .  .  programming  when  electronic  newsroom  captioning  is  used."  Id.  at  3,  quoting  Order  on 
 Reconsideration,  13  FCC  Rcd  at  19991. 
 32  TDI  Reply  Comments  at  3,  citing  Order  on  Reconsideration  at  19991-  92. 


 33  Id.,  citing,  Federal  Communications  Fact  Sheet:  Closed  Captioning  of  Video  Programming  (March  1999). 
 34  Id.  at  3-  5.  TDI  observes  that  the  captioning  requirements  set  forth  in  the  Order  on  Reconsideration  apply  only  to 
 major  broadcast  networks  and  their  affiliates  in  the  top  25  national  television  markets. 
 35  O'Keeffe's  Comments  at  1. 


 36  47  C.  F.  R.    79.  1(  b)(  5). 
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 Federal  Communications  Commission  FCC  01-  81 
 Large  Programming  Providers  are  permitted  to  use  whichever  captioning  method  that  the  Large 
 Programming  Provider  used  during  the  first  six  months  of  1997  to  satisfy  the  no  backsliding  requirement. 
 Thus,  if  a  Large  Programming  Provider  was  using  the  electronic  newsroom  captioning  method  during  the 
 first  six  months  of  1997,  it  may  use  electronic  newsroom  captioning  to  satisfy  the  no  backsliding  rule. 
 Conversely,  if  a  Large  Programming  Provider  was  using  the  real-  time  captioning  method  during  the  first 
 six  months  of  1997,  it  must  use  real  time  captioning  to  satisfy  the  no  backsliding  rule. 


 16.  While  some  commenters  strongly  argue  that  all  captioning  required  of  Large  Programming 
 Providers  not  count  the  electronic  newsroom  captioning  format,  these  arguments  are  contrary  to  the  intent  of 
 the  no  backsliding  rule.  The  no  backsliding  rule  was  intended  to  ensure  that  broadcasters  that  were 
 captioning  more  programming  in  the  first  six  months  of  1997  than  that  required  by  the  express  captioning 
 benchmarks  did  not  scale-  back  its  captioning  efforts  to  the  benchmark  levels.  The  no  backsliding  rule  was 
 not  intended  to  impose  greater  costs  and  responsibilities  on  programming  providers.  37 


 IV.  ORDERING  CLAUSES 
 17.  Accordingly,  IT  IS  ORDERED  pursuant  to  Sections  4(  i),  4(  j)  and  303(  r)  of  the 
 Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  154(  j)  and  303(  r),  that  the  Request  for  Clarification 
 filed  by  CBS  Corporation  IS  GRANTED  to  the  extent  discussed  in  this  Clarification  Order. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Magalie  Roman  Salas 
 Secretary 


 37  Exemptions  to  our  closed  captioning  rules  may  be  granted,  in  whole  or  in  part,  for  a  channel  of  video 
 programming,  a  category  or  type  of  video  programming,  an  individual  video  service,  a  specific  video  program  or  a 
 video  programming  provider  upon  a  finding  that  the  closed  captioning  requirements  will  result  in  an  undue  burden.  47 
 C.  F.  R.    79.  1(  f)(  1). 
7