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NAD Applauds FCC Action on Closed Captioning Rules
December 14, 2008
By advocacy | December 1, 2008
On November 7, 2008, the Federal Communications Commission (FCC) issued a ruling, order, and notice of proposed rulemaking on several closed captioning issues. The NAD applauds the FCC for taking this action. We are pleased that the FCC provided clarification about how the closed captioning rules apply to the transition to digital television (DTV), which will be completed on February 17, 2009.
The FCC is also changing the closed captioning rules to provide a more efficient process for consumers to contact television programmers and distributors about closed caption problems and to file complaints. In addition, the FCC has requested and the NAD looks forward to providing comments about how the closed captioning rules should apply to digital broadcasters that “multicast.”
The NAD also thanks the deaf and hard of hearing community for your support, advocacy action, and persistence. The NAD especially thanks everyone who wrote to the FCC about closed captioning. Some of the individuals who wrote to the FCC about closed captioning are identified in the FCC’s order: Jimmy Beldon; C.M. Boryslawskyj; Margaret Bishop; Ed Bosson; Dave Branfield; George Breden; Ron and Joyanne Burdett; Jack Cassell; Marie Desrosiers; Sarah Dixon; Brenda Estes; Anatoliy Feygin; Joshua Finkle; Anatoliy Feygin; Claudia Foy; Peggy Hlibok; Tawny Holmes; Malisa Janes; Marshall Lawrence; Mary Lou Mayfield; Kim Mihan; Philip Moos; Dana Mulvany; David Nelson; Pauline Newton; Andrea Panella; Reyes Preciado; Ricky Schoenberg; Louis Schwarz; Wayne Scott; Rebecca Sneidman; Charley Tiggs; Ronald Vickery; Judith Viera; and Dave Volz.
BACKGROUND
The FCC rules require 100% of all new, non-exempt, English language television video programming to be closed captioned. In July 2004, the NAD, along with other consumer advocacy groups (TDI, HLAA, ALDA, and DHHCAN) filed a petition asking the FCC to improve the closed captioning rules. In July 2005, the FCC issued a notice of proposed rulemaking to examine the closed captioning rules. More than 1,600 comments about closed captioning were filed with the FCC, mostly by individual consumers.
Here is a summary of the FCC ruling, order, and notice of proposed rulemaking, released November 7, 2008, which addresses some of our closed captioning issues and concerns. The complete FCC ruling, order, and notice of proposed rulemaking is available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-255A1.pdf.
The NAD, other consumer groups, and individual consumers continue to advocate for improved closed captioning rules; additional monitoring, reporting, and enforcement mechanisms; establishing captioning quality standards; and resolution of old and new closed captioning issues and concerns. For example, we continue to advocate for the establishment of a working group of industry and consumer representatives to address digital closed captioning issues and concerns.
SUMMARY
Ruling and Order
New network exemption: FCC rules allow new networks to be excused from the FCC’s closed captioning requirements for the first four years. The FCC clarifies that networks changing from old analog technology to new digital technology do not qualify for this four-year exemption.
Captioning digital channels: The FCC also clarifies that the closed captioning rules apply the same when a channel using old analog technology changes to new digital technology. Broadcasters that change from old analog technology to new digital technology must continue to provide captioning in accordance with the closed captioning rules as if there had been no change. In addition, broadcasters that transmit the same programming in two formats – one using old analog technology and the other using new digital technology (called “simulcasting”) – must caption both the analog channel and the digital channel the same.
Continue to provide analog captioning: Today, there are two types of captioning. Old analog captions (called CEA-608 captions) display only white text on a black background. New digital captions (called CEA-708 captions) allow viewers to change the size, color, font, and other features of the captions. After the DTV transition on February 17, 2009, many people will continue to use their old analog TV sets with converter boxes to watch free, over-the-air television programs. For old analog TV sets to continue to decode and display analog captions, broadcasters must continue transmitting analog (CEA-608) captions. Broadcasters must also begin captioning in the digital format for viewers who have digital equipment that can decode and display digital (CEA-708) captions.
Pass through captions: When digital networks qualify for an exemption from the FCC’s captioning rules, they must still pass through captions when they broadcast programs that already have captions.
Ensure equipment transmits captions: The FCC reminds “multichannel video programming distributors,” such as cable and satellite television companies, to make sure the equipment they give to their customers (for example, cable set-top boxes) transmits all available captions to the television set, for both analog and digital formatted programs. Captions must be delivered in a way that can be displayed by television caption decoders.
Contact information: The FCC is requiring video programming distributors to provide two types of contact information for reporting closed captioning problems. First, video programming distributors must provide contact information for reporting and handling closed captioning problems quickly. For example, when the captions suddenly disappear while you are watching a television program and you want the station to get the captions turned back on quickly. Second, video programming distributors must provide contact information for filing written closed captioning complaints. For example, when a program has no captions and you believe the program should have captions.
New complaint procedures: The FCC is changing the closed captioning rules to provide a more efficient complaint process. In the past, consumers were required to file closed captioning complaints with the video programming distributor. The new rule permits filing closed captioning complaints directly with the FCC. Consumers must file a closed captioning complaint within 60 days of the captioning problem. Complaints can be filed by e-mail, fax, letter, or by completing FCC Form 2000-C, available online at http://esupport.fcc.gov/complaints.htm.
Effective date: The FCC ruling and order must be published in the Federal Register. Publication in the Federal Register is expected soon. The FCC ruling and order will be effective 30 days after publication in the Federal Register. The NAD will provide details about the new rules when they become effective.
Notice of Proposed Rulemaking
With old analog over-the-air broadcasting, broadcasters provide programming on a single channel. With new digital over-the-air broadcasting, broadcasters may provide several streams of programming, known as “multicasting.” To see these new digital over-the-air signals, you need a digital television (or an old analog television with a DTV converter box) and “rabbit ears” or a rooftop antenna. The “main” digital stream is designated by a “channel” number and “-1.” Multicast streams are designated by the same “channel” number and “-2,” “-3,” etc. For example, in the Washington DC area, WRC Channel 4 broadcasts several digital over-the-air programming streams:
main . . . . . . 4-1 . . . . NBC network and local programming
multicast . . . 4-2 . . . . Weather Plus programming
multicast . . . 4-3 . . . . Universal Sports Channel programming
The FCC is now seeking comments about how the closed captioning rules apply to digital multicast programming. For example, under the FCC’s current rules, video programming providers are not required to spend any money to caption any channel that produces less than $3,000,000 gross revenue per year. The FCC did not define what a “channel” means for receiving this exemption. Now, the FCC wants to know whether and how this exemption should apply to digital multicast streams.
Comment due date: The FCC notice of proposed rulemaking must be published in the Federal Register. Publication in the Federal Register is expected soon. Comments are due 30 days after publication in the Federal Register.
Legal Rights: Public Facilities
December 14, 2008
http://www.nad.org/publicfacilities
Many places and types of businesses fall under the category of “public accommodation.” In dealing with any of these places or businesses, deaf and hard of hearing people have the right to equal access, participation, and communication. No matter how big or small the place or business, it is up to the “public accommodation” to provide auxiliary aids for deaf and hard of hearing people.
The NAD has put together informational pages on the rights of deaf and hard of hearing people dealing with the broad range of “public accommodations,” including pages on the obligations of hotels, lawyers, and private travel services. You also can find a Model ADA Policy for deaf and hard of hearing people at trade shows, exhibitions, employment fairs, and similar marketing events. ________________________________________
Related News
• NAD Files Complaint against Bank of America for Refusing to Open an Account for Deaf Man
Legal Rights
• Public Facilities Main Page
• ADA Title III
• Hotels and Motels
• Legal Services
• Trade Shows
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The National Association of the Deaf (NAD) Law and Advocacy Center prepared this material as informal guidance. This is not legal advice. The NAD assumes no liability for this material.
For additional information or technical assistance about how laws against disability discrimination apply to you, contact the NAD Law and Advocacy Center, 301-587-7730 Voice/TTY, 301-587-0234 FAX, www.nad.org/contactus; a local attorney (for more information, see Get a Lawyer); or an enforcement agency (see list at www.ada.gov or call 800-514-0301 Voice or 800-514-0383 TTY).
NAD Partners with IRS
December 14, 2008
Four New ASL PSAs on the Economic Stimulus Payment
www.nad.org/NADPartnerswithIRS
The National Association of the Deaf (NAD) is partnering with the Internal Revenue Service (IRS) to make sure important information reaches the deaf community.
Last spring, the IRS produced three public service announcement videos, “Economic Stimulus Payment Basics,” in American Sign Language (ASL) which are now in open captions and voice over instead of transcripts.
Now the IRS has produced four new public service announcement videos and a short 1040-A instructional video in ASL with open captions and voice over.
“We are delighted to bring you these new video clips”, said Nancy J. Bloch, NAD Chief Executive Officer. We are so pleased that the IRS has produced four more announcements in ASL with captions and voice over so that this important information is accessible to deaf and hard of hearing Americans.”
View the Economic Stimulus Payment Video Clips (seven clips, American Sign Language)
Time Extension and Assistance
Instructions on how to Prepare Form 1040-A
Social Security Benefits
How to Reach IRS with Questions?
General
Tax Payers Who Normally Don't File
Rebate Scams
Information about the Economic Stimulus Package can be found at:
http://www.irs.gov/newsroom/article/0,,id=177937,00.html
Carla Mathers workshop ADVANCED ETHICS FOR INTEPRETERS
December 07, 2008
Have you registered for Carla Mathers workshop, Advanced Ethics for Interpreters?
The deadline of November 21, 2008 is fast approaching for you to
register for this workshop to be held on Saturday-Sunday, December 6-
7, 2008.
Advanced Ethics of Legal Interpreting
AKA:
Applied Ethics: Logical Reasoning for Interpreters
Carla Mathers, Esq., CSC, SC:L
Saturday & Sunday, December 6th–7th, 2008
University of South Florida
4202 E. Fowler Ave • Tampa, FL 33620 • PCD 1145
CEUs: 1.20 in Professional Studies
Time: 9:00 AM to 4:00 PM
Lunch on your own
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FRID/Local Chapter Rate Non-Member
Rate
Early Bird Deadline: November 1, 2008 $225.00
Regular Deadline: November 21, 2008 $250.00
$275.00
For more information, please email Kerstin Ritzie at
bayfridmal@yahoo.com
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For cancellations made with less than 15 days notice, the entire
registration will be forfeited. For cancellations made with more than
15 days notice, 90% of the registration fee will be reimbursed; 10%
will be retained for administrative costs.
If Interpreter services are needed, request must be made by:
November 21, 2008