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FCC
Proposes Rules Requiring Captioning of Video Programming Delivered
via the Internet
On September
19, the FCC released a Notice of Proposed Rulemaking (NPRM)
seeking comment on a number of proposed new rules that implement
provisions of the Twenty-First Century Communications and Video
Accessibility Act of 2010 (CVAA) that mandate closed captioning
on certain video programming delivered using Internet protocol (IP).
As mandated in the CVAA the FCC has proposed rules that will require
closed captioning on IP-delivered video programming that was published
or exhibited on television with captions after the effective date
of the new rules. The CVAA required the FCC to adopt the new rules
no later than January 12, 2012.
The NPRM does
not delve into substantive technical matters surrounding how to
create and deliver captions for IP-delivered programming and proposes
not to specify a technical standard in the Rules. However, the NPRM
generally endorses recommendations contained in a report issued
by the Video Programming Accessibility Advisory Committee (VPAAC).
See TV TechCheck from January
17, 2011. Among other things this report
recommends that:
The fundamental performance objective is that regardless of how
the captioned video is transmitted and decoded, the consumer must
be given an experience that is equal to, if not better than, the
experience provided as the content was originally aired on television.
The industry use of SMPTE 2052-1:2010 Timed Text Format (SMPTE-TT)
as the standard caption-data encoding format for delivery of IP-captions.
However the report notes that there are other technologies available.
The NPRM principally
seeks comment on a number of proposals such as:
Requiring video programming owners to send required caption files
for IP-delivered video programming to video programming distributors
and video programming providers along with program files;
Requiring video programming distributors and video programming
providers to enable the rendering or pass through of all required
captions to the end user; and
Procedures by which video programming providers and video programming
owners may petition the Commission for exemptions from the new requirements
based on economic burden;
Establish a mechanism to make information about video programming
subject to the CVAA available to video programming providers and
distributors, by requiring video programming owners to provide programming
for IP delivery either with captions, or with a certification that
captions are not required for a stated reason;
Not to treat a de minimis failure to comply with the new rules
as a violation, and permit entities to comply with the new requirements
by alternate means; and
Adopt procedures for complaints alleging a violation of the new
requirements.
The FCC also
proposed the following schedule of deadlines by which:
All prerecorded
and unedited programming subject to the new requirements must be
captioned within six months of publication of the rules in the Federal
Register;
All live and near-live programming subject to the new requirements
must be captioned within 12 months of publication of the rules in
the Federal Register; and
All prerecorded
and edited programming subject to the new requirements must be captioned
within 18 months of publication of the rules in the Federal Register.
Comments on
the NPRM are due to the FCC by October 18, 2011 and reply comments
are due Friday, October 28, 2011. A copy can be found here on the
FCCs web
page.
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