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[Federal Register Volume 60, Number 242 (Monday, December 18, 1995)]
[Proposed Rules]
[Pages 65052-65054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30549]

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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 76

[MM Docket No. 95-176; FCC 95-484]

In the Matter of Closed Captioning and Video Description of Video 
Programming

AGENCY: Federal Communications Commission.

ACTION: Notice of inquiry.

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SUMMARY: This Notice of Inquiry solicits comment on the current 
availability, cost, and uses of closed captioning and video description 
of television video programming. This information will provide the 
Commission a record on these important services, which benefit 
individuals with disabilities. It will also enable the Commission to 
assess what further actions may be appropriate to promote these 
services.

dates: Interested parties may file comments on or before January 29, 
1996, and reply comments on or before February 14, 1996.

ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Charles Logan, (202) 776-1653.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Inquiry in MM Docket No. 95-176, FCC 95-484, adopted December 
1, 1995 and released on December 4, 1995. The complete text of this 
Notice is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W., 
Washington, D.C., and also may be purchased from the Commission's copy 
contractor, International Transcription Service, Inc., 2100 M Street, 
N.W., Suite 140, Washington, DC 20037, (202) 857-3800.

Synopsis of Notice of Inquiry

    1. The Notice seeks information on the current availability, cost, 
and uses of closed captioning and video description, and also asks 
comment on what further Commission actions may be appropriate to 
promote these services. It also seeks comment on the appropriate means 
of promoting their wider use in programming delivered by television 
broadcasters, cable operators, and other video programming providers.

I. Background

    2. Captioning is similar to subtitles in that it displays the audio 
portion of a television signal as printed words on the television 
screen. To assist viewers who are hearing disabled, captions also 
identify speakers, sound effects, music, and laughter. Video 
description provides audio descriptions of a program's key visual 
elements that are inserted during the natural pauses in the program's 
dialogue.
    3. Both the Senate and the House of Representatives have passed 
bills (H.R. 1555 and S. 652), which, if enacted, would require the 
Commission to adopt regulations to ensure that video programming is 
accessible to persons with hearing disabilities through the provision 
of closed captioning, including requiring ``video programming providers 
or owners'' to maximize the accessibility of previously published or 
exhibited programs by adding closed captioning. Both bills would allow 
the Commission to exempt programs from these requirements in certain 
circumstances, including circumstances where the closed captioning 
would impose an unreasonable financial burden. The House bill would 
require the Commission to conduct an inquiry into the current extent of 
closed captioning as well as other issues. In addition, both bills 
would require the Commission to study the use of video description. The 
House bill further provides that the Commission may adopt regulation it 
deems necessary to promote the accessibility of video programming to 
persons with visual impairments.

II. The Public Interest Benefits of Closed Captioning and Video 
Description

    4. The Notice asks parties to elaborate on the importance and 
nature of the public interest benefits of closed captioning and video 
description. It asks parties to submit information regarding the number 
of individuals with hearing and vision disabilities in this country who 
can benefit from these innovations, including the basis for such 
estimates. 

[[Page 65053]]
Are the number of persons with hearing and vision disabilities expected 
to grow in the coming years, particularly due to the aging of the 
population? What proportion of the persons with such disabilities 
require closed captioning or video description to enjoy television 
programming, and what proportion currently utilize these technologies? 
In addition, the Commission requests comment on the number of children 
with hearing and vision disabilities that can benefit from either 
closed captioning or video description, and the nature of these 
benefits. The Notice also seeks comments on other public interest 
benefits of closed captioning and video description, such as teaching 
literacy skills to children and illiterate adults.

III. Availability of Closed Captioning and Video Description

    5. The Notice asks commenters to provide data regarding the current 
availability of closed captioning of television video programming. Has 
the amount of closed captioning been increasing in recent years, or has 
it reached a plateau? The Commission is particularly interested in data 
on availability and any discernible trends regarding the following 
categories: (1) Program Source. What is the current availability of 
closed captioning according to the source of the programming--broadcast 
network, basic cable and premium cable networks, syndicated 
programming, locally-produced programming, local and nationally 
produced public television programming? (2) Other Delivery Systems. To 
what extent is programming carried on wireless cable, satellite master 
antenna systems, direct-to-home satellite services (including direct 
broadcast satellite), and local exchange carriers/video dialtone 
services closed captioned? (3) Program Type. To what extent are each of 
the following types of programs closed captioned (on the media within 
the scope of FCC jurisdiction): entertainment programs, local and 
national news, documentaries, public affairs programming, children's 
educational programming, other types of children's programming, sports, 
movies, cable public access programming, and live vs. pre-recorded 
programming? (4) Previously Published Programming. The Commission 
solicits comment on the extent of closed captioning of previously 
published or exhibited programs, such as reruns and movies, that will 
be shown to television audiences again. (5) Market Size and Other 
Factors. The Commission also requests comment on the degree to which 
closed captioning varies by the size of the video programming provider 
or producer, by market size, and by whether an entity is affiliated 
with a broadcast network or multiple cable system operator.
    6. The Commission also seeks comment on the current availability of 
video description, including its availability within each of the 
categories described in its discussion of the availability of closed 
captioning. It also requests comment on the estimated number of U.S. 
households that have stereo television receivers, a VCR, or television 
adaptor capable of receiving video descriptions via the Second Audio 
Program channel.
    7. The Commission asks parties to comment on the impact that 
implementation of Advanced Television (``ATV''), and the use of digital 
technology, may have on the provision of closed captioning and video 
description on video programming carried by broadcasters and other 
program providers.

IV. The Cost of Closed Captioning and Video Description

    8. The Notice requests information on the current costs of 
providing closed captioning and video description of new as well as 
previously published or exhibited television programming. What is the 
cost of the computer hardware and software, as well encoding and other 
equipment, necessary for these services? What are the current rates for 
closed captioning and video description services for both prerecorded 
and live, ``real-time'' programming? Are these rates uniform throughout 
the country? Do the rates vary by program type, the type of delivery 
system, or other factors? What is the overall cost of providing closed 
captioning or video description of different types of programs?
    9. The Commission also requests comment on the adequacy of the 
supply of closed captioning and video description services. In 
addition, it seeks comment on the governmental and nongovernmental 
funding sources for these services.

V. Market Incentives for Closed Captioning and Video Description

    10. The Notice solicits comment on the role free-market forces have 
played and can play in promoting the provision of closed captioning of 
video programming. For example, are advertisers actively seeking to 
market to individuals with hearing impairments, which could in turn 
encourage closed captioning of television programming? How does the 
audience size of a particular program influence the likelihood that the 
program will be closed captioned? Are there presently a sufficient 
number of decoder-equipped television receivers in the market to 
provide the hoped-for incentive for the television industry to provide 
closed captioning? The Commission also requests comment on the role 
market-based incentives can play in fostering video description.

VI. Inquiry Regarding Mandatory Captioning and Video Description 
Requirements

    11. As noted, there is legislation pending in Congress that 
generally would require closed captioning of video programming and 
which would require the Commission to examine the means of promoting 
video description. Before these mandatory requirements become law, the 
legislation must pass both Houses of Congress and be signed by the 
President. Alternatively, the Commission could assess the possibility 
of adopting regulatory requirements in this area under it existing 
statutory authority. The Commission is not presently proposing such 
action, but it requests comment on the general form any mandatory 
closed captioning or video description requirements should take if they 
are deemed necessary. It particularly seeks comment on the following 
matters: (1) The application of mandatory requirements (i.e., which 
entities (e.g., program producers, video programming distributors) 
should be subject to any mandatory requirements); (2) Exemptions to any 
mandatory requirements due to financial burden or other factors; (3) 
Technical and quality standards; (4) The appropriate timetables for 
implementing any closed captioning or video description requirements 
that may be imposed; (5) Strategies to improve competition and 
innovation in the provision of these services.
    12. The pending Senate and House bills, if enacted, would provide 
express statutory authority for imposing mandatory closed captioning 
requirements. The House bill would also permit the Commission to adopt 
regulations to promote the accessibility of video programming to 
persons with visual disabilities after conducting an inquiry into video 
description. However, the Commission seeks comment on the scope of its 
authority under current law to adopt regulations imposing either closed 
captioning or video description requirements on broadcast television 
licensees, cable operators, wireless cable systems, SMATV operators, 
direct-to-home satellite services, and local exchange carrier/video 
dialtone systems, as well as on producers/owners and other distributors 
of such programming. 

[[Page 65054]]
Commenters should address with specificity the basis for their views 
concerning the Commission's authority, and also address any other legal 
constraints that they believe may apply in this area.

Administrative Matters

    13. Pursuant to applicable procedures set forth in Sections 1.415 
and 1.419 of the Commission's Rules, 47 C.F.R. Secs. 1.415, 1.419, 
interested parties may file comments on or before January 29, 1996, and 
reply comments on or before February 14, 1996. All relevant and timely 
comments will be considered by the Commission before final action is 
taken in this proceeding. To file formally in this proceeding, parties 
must file an original and four copies of all comments, reply comments 
and supporting comments. If parties want each Commissioner to receive a 
personal copy of their comments, an original plus nine copies must be 
filed. Comments and reply comments should be sent to the Office of the 
Secretary, Federal Communications Commission, 1919 M Street, N.W., 
Washington, D.C. 20554. Comments and reply comments will be available 
for public inspection during regular business hours in the FCC 
Reference Center (Room 239) of the Federal Communications Commission, 
1919 M Street, N.W., Washington, D.C. 20554.
    14. There are no ex parte or disclosure requirements applicable to 
this proceeding pursuant to 47 CFR Sec. 1.1204(a)(4).

List of Subjects

47 CFR Part 73

    Television broadcasting.

47 CFR Part 76

    Cable television.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-30549 Filed 12-15-95; 8:45 am]
BILLING CODE 6712-01-P
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