47 CFR Part 79 — Accessibility of Video Programming

PART 79—ACCESSIBILITY OF VIDEO PROGRAMMING Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 330, 544a, 613, 617. Source: 62 FR 48493, Sept. 16, 1997, unless otherwise noted. Subpart A—Video Programming Owners, Providers, and Distributors Source: 78 FR 77251, Dec. 20, 2013, unless otherwise noted. § 79.1 Closed captioning of televised video programming. (a) Definitions. (1) Captioning vendor. (2) Closed captioning, or captioning. (3) Live programming. (4) Near-live programming. (5) New programming. (i) Analog video programming that is first published or exhibited on or after January 1, 1998. (ii) Digital video programming that is first published or exhibited on or after July 1, 2002. (6) Non-exempt programming. (7) Prerecorded programming. (8) Pre-rule programming. (ii) Digital video programming that was first published or exhibited before July 1, 2002. (9) Video programmer. (10) Video programming. (11) Video programming distributor. (12) Video programming owner. (i) Licenses video programming to a video programming distributor or provider that is intended for distribution to residential households; or (ii) Acts as the video programming distributor or provider and also possesses the right to license linear video programming to a video programming distributor or provider that is intended for distribution to residential households. (13) Video programming provider. (b) Requirements for closed captioning of video programming Requirements for new programming. (ii) Video programmers must provide closed captioning for 100% of new, nonexempt English language and Spanish language video programming that is being distributed and exhibited on each channel during each calendar quarter. (2) Requirements for pre-rule programming. (ii) Video programmers must provide closed captioning for 75% of pre-rule, nonexempt English language and Spanish video programming that is being distributed and exhibited on each channel during each calendar quarter. (3) Video programming distributors shall continue to provide captioned video programming at substantially the same level as the average level of captioning that they provided during the first six (6) months of 1997 even if that amount of captioning exceeds the requirements otherwise set forth in this section. (c) Obligation to pass through captions of already captioned programs; obligation to maintain equipment and monitor for captions. (2) Video programming distributors shall take any steps needed to monitor and maintain their equipment and signal transmissions associated with the transmission and distribution of closed captioning to ensure that the captioning included with video programming reaches the consumer intact. In any enforcement proceeding involving equipment failure, the Commission will require video programming distributors to demonstrate that they have monitored their equipment and signal transmissions, have performed technical equipment checks, and have promptly undertaken repairs as needed to ensure that equipment is operational and in good working order. (3) Each video programming distributor shall maintain records of the video programming distributor's monitoring and maintenance activities, which shall include, without limitation, information about the video programming distributor's monitoring and maintenance of equipment and signal transmissions to ensure the pass through and delivery of closed captioning to viewers, and technical equipment checks and other activities to ensure that captioning equipment and other related equipment are maintained in good working order. Each video programming distributor shall maintain such records for a minimum of two years and shall submit such records to the Commission upon request. (d) Exempt programs and providers. (1) Programming subject to contractual captioning restrictions. (2) Video programming or video programming provider for which the captioning requirement has been waived. (3) Programming other than English or Spanish language. (4) Primarily textual programming. (5) Programming distributed in the late night hours. (6) Interstitials, promotional announcements and public service announcements. (7) EBS programming. (8) Locally produced and distributed non-news programming with no repeat value. (9) Programming on new networks. (10) Primarily non-vocal musical programming. (11) Captioning expense in excess of 2 percent of gross revenues. (12) Channels/Streams producing revenues of under $3,000,000. (13) Locally produced educational programming. (e) Responsibility for and determination of compliance. (2) Open captioning or subtitles in the language of the target audience may be used in lieu of closed captioning; (3) The major national broadcast television networks ( i.e., (4) Compliance will be required with respect to the type of video programming generally distributed to residential households. Programming produced solely for closed circuit or private distribution is not covered by these rules; (5) Video programming that is exempt pursuant to paragraph (d) of this section that contains captions, except that video programming exempt pursuant to paragraph (d)(5) of this section (late night hours exemption), can count towards compliance with the requirements for pre-rule programming. (6) For purposes of paragraph (d)(11) of this section, captioning expenses include direct expenditures for captioning as well as allowable costs specifically allocated by a video programmer through the price of the video programming to that video programming provider. To be an allowable allocated cost, a video programmer may not allocate more than 100 percent of the costs of captioning to individual video programming providers. A video programmer may allocate the captioning costs only once and may use any commercially reasonable allocation method. (7) For purposes of paragraphs (d)(11) and (d)(12) of this section, annual gross revenues shall be calculated for each channel individually based on revenues received in the preceding calendar year from all sources related to the programming on that channel. Revenue for channels shared between network and local programming shall be separately calculated for network and for non-network programming, with neither the network nor the local video programming provider being required to spend more than 2 percent of its revenues for captioning. Thus, for example, compliance with respect to a network service distributed by a multichannel video service distributor, such as a cable operator, would be calculated based on the revenues received by the network itself (as would the related captioning expenditure). For local service providers such as broadcasters, advertising revenues from station-controlled inventory would be included. For cable operators providing local origination programming, the annual gross revenues received for each channel will be used to determine compliance. Evidence of compliance could include certification from the network supplier that the requirements of the test had been met. Multichannel video programming distributors, in calculating non-network revenues for a channel offered to subscribers as part of a multichannel package or tier, will not include a pro rata share of subscriber revenues, but will include all other revenues from the channel, including advertising and ancillary revenues. Revenues for channels supported by direct sales of products will include only the revenues from the product sales activity (e.g., sales commissions) and not the revenues from the actual products offered to subscribers. Evidence of compliance could include certification from the network supplier that the requirements of this test have been met. (8) If two or more networks (or sources of programming) share a single channel, that channel shall be considered to be in compliance if each of the sources of video programming are in compliance where they are carried on a full time basis; (9) Video programming distributors shall not be required to ensure the provision of closed captioning for video programming that is by law not subject to their editorial control, including but not limited to the signals of television broadcast stations distributed pursuant to sections 614 and 615 of the Communications Act or pursuant to the compulsory copyright licensing provisions of sections 111 and 119 of the Copyright Act (Title 17 U.S.C. 111 and 119); programming involving candidates for public office covered by sections 315 and 312 of the Communications Act and associated policies; commercial leased access, public access, governmental and educational access programming carried pursuant to sections 611 and 612 of the Communications Act; video programming distributed by direct broadcast satellite (DBS) services in compliance with the noncommercial programming requirement pursuant to section 335(b)(3) of the Communications Act to the extent such video programming is exempt from the editorial control of the video programming provider; and video programming distributed by a common carrier or that is distributed on an open video system pursuant to section 653 of the Communications Act by an entity other than the open video system operator. To the extent such video programming is not otherwise exempt from captioning, the entity that contracts for its distribution shall be required to comply with the closed captioning requirements of this section. (10) In evaluating whether a video programming provider has complied with the requirement that all new nonexempt video programming must include closed captioning, the Commission will consider showings that any lack of captioning was de minimis and reasonable under the circumstances. (11) Use of “Electronic Newsroom Technique” (ENT). (A) In-studio produced news, sports, weather, and entertainment programming will be scripted. (B) For weather interstitials where there may be multiple segments within a news program, weather information explaining the visual information on the screen and conveying forecast information will be scripted, although the scripts may not precisely track the words used on air. (C) Pre-produced programming will be scripted (to the extent technically feasible). (D) If live interviews or live on-the scene or breaking news segments are not scripted, stations will supplement them with crawls, textual information, or other means (to the extent technically feasible). (E) The station will provide training to all news staff on scripting for improving ENT. (F) The station will appoint an “ENT Coordinator” accountable for compliance. (ii) Nothing in this paragraph (e)(11) shall relieve a broadcast station of its obligations under § 79.2 of this chapter regarding the accessibility of programming providing emergency information. (iii) Informal complaints. (iv) Compliance Initial response to pattern or trend of noncompliance. (B) Corrective action plan. (C) Continued evidence of a pattern or trend of noncompliance. (v) Progress report. (f) Procedures for exemptions based on economically burdensome standard. (2) A petition for an exemption must be supported by sufficient evidence to demonstrate that compliance with the requirements to closed caption video programming would be economically burdensome. The term “economically burdensome” means significant difficulty or expense. Factors to be considered when determining whether the requirements for closed captioning are economically burdensome include: (i) The nature and cost of the closed captions for the programming; (ii) The impact on the operation of the provider or program owner; (iii) The financial resources of the provider or program owner; and (iv) The type of operations of the provider or program owner. (3) In addition to these factors, the petition shall describe any other factors the petitioner deems relevant to the Commission's final determination and any available alternatives that might constitute a reasonable substitute for the closed captioning requirements including, but not limited to, text or graphic display of the content of the audio portion of the programming. The extent to which the provision of closed captions is economically burdensome shall be evaluated with regard to the individual outlet. (4) A petition requesting an exemption based on the economically burdensome standard, and all subsequent pleadings, shall be filed electronically in accordance with § 0.401(a)(1)(iii) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Comments or oppositions to the petition shall be filed electronically and served on the petitioner and shall include a certification that the petitioner was served with a copy. Replies to comments or oppositions shall be filed electronically and served on the commenting or opposing party and shall include a certification that the commenting or opposing party was served with a copy. Comments or oppositions and replies may be served upon a party, its attorney, or other duly constituted agent by delivering or mailing a copy to the last known address in accordance with § 1.47 of this chapter or by sending a copy to the email address last provided by the party, its attorney, or other duly constituted agent. (8) Upon a showing of good cause, the Commission may lengthen or shorten any comment period and waive or establish other procedural requirements. (9) All petitions and responsive pleadings shall contain a detailed, full showing, supported by affidavit, of any facts or considerations relied on. (10) The Commission may deny or approve, in whole or in part, a petition for an economically burdensome exemption from the closed captioning requirements. (11) During the pendency of an economically burdensome determination, the video programming subject to the request for exemption shall be considered exempt from the closed captioning requirements. (g) Complaint procedures Filing closed captioning complaints. (2) Complaints filed with the Commission. (i) The consumer's name, postal address, and other contact information, if available, such as telephone number or email address, along with the consumer's preferred format or method of response to the complaint (such as letter, facsimile transmission, telephone (voice/TRS/TTY), email, or some other method that would best accommodate the consumer. (ii) The channel number; channel name, network, or call sign; the name of the multichannel video program distributor, if applicable; the date and time when the captioning problem occurred; the name of the program with the captioning problem; and a detailed description of the captioning problem, including specific information about the frequency and type of problem. (3) Process for forwarding complaints. (4) Video programming distributor and video programmer responsibilities with respect to complaints forwarded by the Commission. (A) Program stream check. (B) Processing equipment check. (C) Consumer premises check. (ii) After conducting its investigation, the video programming distributor shall provide a response to the complaint in writing to the Commission, the appropriate video programmer, and the complainant within thirty (30) days after the date the Commission forwarded the complaint. The video programming distributor's response must: (A) Acknowledge responsibility for the closed captioning problem and describe the steps taken to resolve the problem; or (B) Certify that the video programming distributor has conducted an investigation into the closed captioning problems in accordance with paragraph (g)(4)(i) of this section and that the closed captioning problem is not within the video programming distributor's control and appears to have been present in the program steam when received by the video programming distributor; or (C) Certify that the video programming distributor has conducted an investigation into the closed captioning problems in accordance with paragraph (g)(4)(i) of this section and that the closed captioning problem appears to have been caused by a third party DVR, television, or other third party device not within the video programming distributor's control. (iii) If the video programming distributor provides a certification in accordance with paragraph (g)(4)(ii)(B) of this section, the video programmer to whom the complaint was referred must conduct an investigation to identify the source of the captioning problem and resolve all aspects of the captioning problem that are within its control. (A) The video programmer may call upon the video programming distributor for assistance as needed, and the video programming distributor must provide assistance to the video programmer in resolving the complaint, as needed. (B) After conducting its investigation, the video programmer must provide a response to the complaint in writing to the Commission, the appropriate video programming distributor, and the complainant within thirty (30) days after the date of the video programming distributor's certification. Such response either must describe the steps taken by the video programmer to correct the captioning problem or certify that the video programmer has conducted an investigation into the closed captioning problems in accordance with paragraph (g)(4)(iii) of this section and that the captioning problem was not within its control, for example, because the program stream was not subject to the closed captioning problem at the time the program stream was handed off to the video programming distributor. (C) If the video programmer certifies pursuant paragraph (g)(4)(iii)(B) of this section that the captioning problem was not within its control, and it has not been determined by either the video programmer or the video programming distributor that the problem was caused by a third party device or other causes that appear not to be within the control of either the video programming distributor or the video programmer, the video programming distributor and video programmer shall work together to determine the source of the captioning problem. Once the source of the captioning problem is determined, the video programming distributor and video programmer shall each correct those aspects of the captioning problem that are within its respective control. Within thirty (30) days after the date of the video programmer's certification provided pursuant to paragraph (g)(4)(iii)(B) of this section, the video programming distributor, after consulting with the video programmer, shall report in writing to the Commission and the complainant on the steps taken to correct the captioning problem. (5) Complaints filed with video programming distributors. (A) Acknowledge responsibility for the closed captioning problem and describe to the complainant the steps taken to resolve the problem; or (B) Inform the complainant that it has referred the complaint to the appropriate video programmer or other responsible entity and provide the name and contact information of the video programmer or other responsible entity and the unique complaint identification number assigned to the complaint pursuant to paragraph (g)(5)(ii)(B) of this section; or (C) Inform the complainant that the closed captioning problem appears to have been caused by a third party DVR, television, or other third party device not within the video programming distributor's control. (ii) If the video programming distributor determines that the issue raised in the complaint was not within the video programming distributor's control and was not caused by a third party device, the video programming distributor must forward the complaint and the results of its investigation of the complaint to the appropriate video programmer or other responsible entity within thirty (30) days after the date of the complaint. (A) The video programming distributor must either forward the complaint with the complainant's name, contact information and other identifying information redacted or provide the video programmer or other responsible entity with sufficient information contained in the complaint to achieve the complaint's investigation and resolution. (B) The video programming distributor must assign a unique complaint identification number to the complaint and transmit that number to the video programmer with the complaint. (iii) If a video programming distributor forwards a complaint to a video programmer or other responsible entity pursuant to paragraph (g)(5)(ii) of this section, the video programmer or other responsible entity must respond to the video programming distributor in writing in a form that can be forwarded to the complainant within thirty (30) days after the forwarding date of the complaint. (A) The video programming distributor must forward the video programmer's or other responsible entity's response to the complainant within ten (10) days after the date of the response. (B) If the video programmer or other responsible entity does not respond to the video programming distributor within thirty (30) days after the forwarding date of the complaint, the video programming distributor must inform the complainant of the video programmer's or other responsible entity's failure to respond within forty (40) days after the forwarding date of the complaint. (iv) If a video programming distributor fails to respond to the complainant as required by paragraphs (g)(5)(i) of this section, or if the response received by the complainant does not satisfy the complainant, the complainant may file the complaint with the Commission within sixty (60) days after the time allotted for the video programming distributor to respond to the complainant. The Commission will forward such complaint to the video programming distributor and video programmer, and the video programming distributor and video programmer shall address such complaint as specified in paragraph (g)(4) of this section. (v) If a video programmer or other responsible entity fails to respond to the video programming distributor as required by paragraph (g)(5)(iii) of this section, or if a video programming distributor fails to respond to the complainant as required by paragraph (g)(5)(iii)(A) or (B) of this section, or if the response from the video programmer or other responsible entity forwarded by the video programming distributor to the complainant does not satisfy the complainant, the complainant may file the complaint with the Commission within sixty (60) days after the time allotted for the video programming distributor to respond to the complainant pursuant to paragraph (g)(5)(iii)(A) or (B) of this section. The Commission will forward such complaints to the appropriate video programming distributor and video programmer, and the video programming distributor and video programmer shall handle such complaints as specified in paragraph (g)(4) of this section. (6) Provision of documents and records. (7) Reliance on certifications. (8) Commission review of complaints. (9) Compliance Initial response to a pattern or trend of noncompliance. (ii) Corrective action plan. (iii) Continued evidence of a pattern or trend of noncompliance. (iv) Enforcement action. (h) Private rights of action prohibited. (i) Contact information Receipt and handling of immediate concerns. (2) Complaints. (3) Providing contact information to the Commission. [email protected]. (ii) As of the compliance date of paragraph (m) of this section, video programming distributors and video programmers shall file contact information with the Commission through a web form located on the Commission's website. Such contact information shall include the name of a person with primary responsibility for captioning issues and ensuring compliance with the Commission's rules. In addition, such contact information shall include the person's title or office, telephone number, fax number (if the video programming distributor or video programmer has a fax number), postal mailing address, and email address. Contact information shall be available to consumers on the Commission's website or by telephone inquiry to the Commission's Consumer Center. Video programming distributors and video programmers shall notify the Commission each time there is a change in any of this required information within ten (10) business days. (j) Captioning quality obligation; standards. (A) That the video programmer's programming satisfies the caption quality standards of paragraph (j)(2) of this section; (B) That in the ordinary course of business, the video programmer has adopted and follows the Best Practices set forth in paragraph (k)(1) of this section; or (C) That the video programmer is exempt from the closed captioning rules under one or more properly attained exemptions. (ii) For programmers certifying exemption from the closed captioning rules, the video programming distributor must obtain a certification from the programmer that specifies the exact exemption that the programmer is claiming. Video programming distributors may satisfy their best efforts obligation by locating a programmer's certification on the programmer's website or other widely available locations used for the purpose of posting widely available certifications. If a video programming distributor is unable to locate such certification on the programmer's website or other widely available location used for the purpose of posting such certification, the video programming distributor must inform the video programmer in writing that it must make widely available such certification within 30 days after receiving the written request. If a video programmer does not make such certification widely available within 30 days after receiving a written request, the video programming distributor shall promptly submit a report to the Commission identifying such non-certifying video programmer for the purpose of being placed in a publicly available database. A video programming distributor that meets each of the requirements of this paragraph shall not be liable for violations of paragraphs (j)(2) and (3) of this section to the extent that any such violations are outside the control of the video programming distributor. Compliance with this paragraph (j)(1) shall not be required as of the compliance date of paragraph (m) of this section. The Commission will publish a document in the Federal Register (2) Captioning quality standards. i.e. (i) Accuracy. (ii) Synchronicity. (iii) Completeness. (iv) Placement. (3) Application of captioning quality standards. de minimis de minimis (i) Accuracy. (ii) Synchronicity. (iii) Completeness. (iv) Placement. (k) Captioning Best Practices Video Programmer Best Practices. (i) Agreements with captioning services. (A) Performance requirements. (B) Verification. (C) Training. (ii) Operational Best Practices. (A) Preparation materials. (B) Quality audio. (C) Captioning for prerecorded programming. 1 ( i ( ii ( iii ( iv ( v ( vi ( 2 (iii) Monitoring and Remedial Best Practices. (A) Pre-air monitoring of offline captions. (B) Real-time monitoring of captions. (C) Programmer and captioning vendor contacts. (D) Recording of captioning issues. (E) Troubleshooting protocol. (F) Accuracy spot checks. (iv) Certification procedures for video programmers. (A) Prior to the compliance date of paragraph (m) of this section, video programmers adopting Best Practices will certify to video programming distributors that they adhere to Best Practices for video programmers and will make such certifications widely available to video programming distributors, for example, by posting on affiliate websites. (B) As of the compliance date of paragraph (m) of this section, video programmers adopting Best Practices will certify to the Commission that they adhere to Best Practices for video programmers, in accordance with paragraph (m) of this section. (2) Real-Time (Live) Captioning Vendors Best Practices. (ii) Establish minimum acceptable standards based upon those metrics while striving to regularly exceed those minimum standards. (iii) Perform frequent and regular evaluations and sample audits to ensure those standards are maintained. (iv) Consider “accuracy” of captions to be a measurement of the percentage of correct words out of total words in the program, calculated by subtracting number of errors from total number of words in the program, dividing that number by total number of words in the program and converting that number to a percentage. For example, 7,000 total words in the program minus 70 errors equals 6,930 correct words captioned, divided by 7,000 total words in the program equals 0.99 or 99% accuracy. (v) Consider, at a minimum, mistranslated words, incorrect words, misspelled words, missing words, and incorrect punctuation that impedes comprehension and misinformation as errors. (A) Captions are written in a near-as-verbatim style as possible, minimizing paraphrasing. (B) The intended message of the spoken dialogue is conveyed in the associated captions in a clear and comprehensive manner. (C) Music lyrics should accompany artist performances. (vi) Consider synchronicity of captions to be a measurement of lag between the spoken word supplied by the program origination point and when captions are received at the same program origination point. (vii) Ensure placement of captions on screen to avoid obscuring on-screen information and graphics (e.g., sports coverage). (viii) Ensure proper screening, training, supervision, and evaluation of captioners by experienced and qualified real-time captioning experts. (ix) Ensure there is an infrastructure that provides technical and other support to video programmers and captioners at all times. (x) Ensure that captioners are qualified for the type and difficulty level of the programs to which they are assigned. (xi) Utilize a system that verifies captioners are prepared and in position prior to a scheduled assignment. (xii) Ensure that technical systems are functional and allow for fastest possible delivery of caption data and that failover systems are in place to prevent service interruptions. (xiii) Regularly review discrepancy reports in order to correct issues and avoid future issues. (xiv) Respond in a timely manner to concerns raised by video programmers or viewers. (xv) Alert video programmers immediately if a technical issue needs to be addressed on their end. (xvi) Inform video programmers of appropriate use of real-time captioning ( i.e., (xvii) For better coordination for ensuring high quality captions and for addressing problems as they arise, understand the roles and responsibilities of other stakeholders in the closed-captioning process, including broadcasters, producers, equipment manufacturers, regulators, and viewers, and keep abreast of issues and developments in those sectors. (xviii) Ensure that all contracted captioners adhere to the Real-Time Captioners Best Practices contained in paragraph (k)(3) of this section. (3) Real-Time Captioners Best Practices. (ii) Ensure they are equipped with a failover plan to minimize caption interruption due to captioner or equipment malfunction. (iii) Be equipped with reliable, high speed Internet. (iv) Be equipped with multiple telephone lines. (v) Prepare as thoroughly as possible for each program. (vi) File thorough discrepancy reports with the captioning vendor in a timely manner. (vii) To the extent possible given the circumstances of the program, ensure that real-time captions are complete when the program ends. (viii) Engage the command that allows captions to pass at commercials and conclusion of broadcasts. (ix) Monitor captions to allow for immediate correction of errors and prevention of similar errors appearing or repeating in captions. (x) Perform frequent and regular self-evaluations. (xi) Perform regular dictionary maintenance. (xii) Keep captioning equipment in good working order and update software and equipment as needed. (xiii) Possess the technical skills to troubleshoot technical issues. (xiv) Keep abreast of current events and topics that they caption. (4) Offline (Prerecorded) Captioning Vendors Best Practices. (ii) Ensure offline captions are error-free. (iii) Ensure offline captions are punctuated correctly and in a manner that facilitates comprehension. (iv) Ensure offline captions are synchronized with the audio of the program. (v) Ensure offline captions are displayed with enough time to be read completely and that they do not obscure the visual content. (vi) [Reserved] (vii) Ensure offline captioning is a complete textual representation of the audio, including speaker identification and non-speech information. (viii) Create or designate a manual of style to be applied in an effort to achieve uniformity in presentation. (ix) Employ frequent and regular evaluations to ensure standards are maintained. (x) Inform video programmers of appropriate uses of real-time and offline captioning and strive to provide offline captioning for prerecorded programming. (A) Encourage use of offline captioning for live and near-live programming that originally aired on television and re-feeds at a later time. (B) Encourage use of offline captioning for all original and library prerecorded programming completed well in advance of its distribution on television. (xi) For better coordination for ensuring high quality captions and for addressing problems as they arise, understand the roles and responsibilities of other stakeholders in the closed-captioning process, including video program distributors, video programmers, producers, equipment manufacturers, regulators, and viewers, and keep abreast of issues and developments in those sectors. (l) [Reserved] (m) Video programmer certification. (i) The video programmer provides closed captioning for its programs in compliance with the Commission's rules; and (ii) The video programmers' programs either satisfy the caption quality standards of paragraph (j)(2) of this section; or in the ordinary course of business, the video programmer has adopted and follows the Best Practices set forth in paragraph (k)(1) of this section. (2) If all of video programmer's programs are exempt from the closed captioning rules under one or more of the exemptions set forth in this section, in lieu of the certification required by paragraph (m)(1) of this section, the video programmer shall submit a certification to the Commission through a web form located on the Commission's Web site stating that all of its programs are exempt from the closed captioning rules and specify each category of exemption claimed by the video programmer. (3) If some of a video programmer's programs are exempt from the closed captioning rules under one or more of the exemptions set forth in this section, as part of the certification required by paragraph (m)(1) of this section, the video programmer shall include a certification stating that some of its programs are exempt from the closed captioning rules and specify each category of exemption claimed by the video programmer. (4) A television broadcast station licensed pursuant to part 73 of this chapter or a low power television broadcast station licensed pursuant to part 74, subpart G, of this chapter, or the owner of either such station, is not required to provide a certification for video programming that is broadcast by the television broadcast station. (5) Compliance with paragraphs (m)(1) through (4) of this section is not required until the Commission publishes a document in the Federal Register [62 FR 48493, Sept. 16, 1997, as amended at 63 FR 55962, Oct. 20, 1998; 64 FR 33424, June 23, 1999; 65 FR 58477, Sept. 29, 2000; 69 FR 72047, Dec. 10, 2004; 74 FR 1604, Jan. 13, 2009; 74 FR 46703, Sept. 11, 2009; 75 FR 7369, Feb. 19, 2010; 77 FR 19515, Mar. 30, 2012; 77 FR 48104, Aug. 13, 2012; 79 FR 17926, Mar. 31, 2014; 79 FR 77916, Dec. 29, 2014; 81 FR 57485, Aug. 23, 2016; 86 FR 51013, Sept. 14, 2021; 86 FR 70750, Dec. 13, 2021; 87 FR 54630, Sept. 7, 2022] § 79.2 Accessibility of programming providing emergency information. (a) Definitions. (2) Emergency information. i.e. Note to paragraph ( a Critical details include, but are not limited to, specific details regarding the areas that will be affected by the emergency, evacuation orders, detailed descriptions of areas to be evacuated, specific evacuation routes, approved shelters or the way to take shelter in one's home, instructions on how to secure personal property, road closures, and how to obtain relief assistance. (b) Requirements for accessibility of programming providing emergency information. (1) Video programming distributors must make emergency information, as defined in paragraph (a) of this section, that is provided in the audio portion of the programming accessible to persons with hearing disabilities by using a method of closed captioning or by using a method of visual presentation, as described in § 79.1. (2) Video programming distributors and video programming providers must make emergency information, as defined in paragraph (a) of this section, accessible as follows: (i) Emergency information that is provided visually during a regularly scheduled newscast, or newscast that interrupts regular programming, must be made accessible to individuals who are blind or visually impaired; and (ii) Emergency information that is provided visually during programming that is neither a regularly scheduled newscast, nor a newscast that interrupts regular programming, must be accompanied with an aural tone, and beginning May 26, 2015 except as provided in paragraph (b)(6) of this section, must be made accessible to individuals who are blind or visually impaired through the use of a secondary audio stream to provide the emergency information aurally. Emergency information provided aurally on the secondary audio stream must be preceded by an aural tone and must be conveyed in full at least twice. Emergency information provided through use of text-to-speech (“TTS”) technologies must be intelligible and must use the correct pronunciation of relevant information to allow consumers to learn about and respond to the emergency, including, but not limited to, the names of shelters, school districts, streets, districts, and proper names noted in the visual information. The video programming distributor or video programming provider that creates the visual emergency information content and adds it to the programming stream is responsible for providing an aural representation of the information on a secondary audio stream, accompanied by an aural tone. Video programming distributors are responsible for ensuring that the aural representation of the emergency information (including the accompanying aural tone) gets passed through to consumers. (3) This rule applies to emergency information primarily intended for distribution to an audience in the geographic area in which the emergency is occurring. (4) Video programming distributors must ensure that emergency information does not block any closed captioning and any closed captioning does not block any emergency information provided by means other than closed captioning. (5) Video programming distributors and video programming providers must ensure that aural emergency information provided in accordance with paragraph (b)(2)(ii) of this section supersedes all other programming on the secondary audio stream, including audio description, foreign language translation, or duplication of the main audio stream, with each entity responsible only for its own actions or omissions in this regard. (6) Beginning July 10, 2017, multichannel video programming distributors must ensure that any application or plug-in that they provide to consumers to access linear programming on tablets, smartphones, laptops, and similar devices over the MVPD's network as part of their multichannel video programming distributor services is capable of passing through to consumers an aural representation of the emergency information (including the accompanying aural tone) on a secondary audio stream. (c) Complaint procedures. [65 FR 26762, May 9, 2000, as amended at 65 FR 54811, Sept. 11, 2000; 78 FR 31797, May 24, 2013; 80 FR 39714, July 10, 2015; 85 FR 76484, Nov. 30, 2020] § 79.3 Audio description of video programming. (a) Definitions. (1) Designated Market Areas (DMAs). (2) Video programming provider. (3) Audio description/video description. (4) Video programming. (5) Video programming distributor. (6) Prime time. (7) Live or near-live programming. (8) Children's Programming. (b) Audio description requirements. (1) Commercial television broadcast stations that are affiliated with one of the top four commercial television broadcast networks (ABC, CBS, Fox, and NBC), and that are licensed to a community located in the top 90 DMAs, as determined by The Nielsen Company as of January 1, 2023, must provide 50 hours of audio description per calendar quarter, either during prime time or on children's programming, and 37.5 additional hours of audio description per calendar quarter between 6 a.m. and 11:59 p.m. local time, on each programming stream on which they carry one of the top four commercial television broadcast networks. If a previously unaffiliated station in one of these markets becomes affiliated with one of these networks, it must begin compliance with these requirements no later than three months after the affiliation agreement is finalized. On January 1, 2024, and on January 1 each year thereafter until January 1, 2035, the requirements of this paragraph (b)(1) shall extend to the next 10 largest DMAs as determined by The Nielsen Company as of January 1, 2023, as follows: On January 1, 2024, the requirements shall extend to DMAs 91 through 100; on January 1, 2025, the requirements shall extend to DMAs 101 through 110; on January 1, 2026, the requirements shall extend to DMAs 111 through 120; on January 1, 2027, the requirements shall extend to DMAs 121 through 130; on January 1, 2028, the requirements shall extend to DMAs 131 through 140; on January 1, 2029, the requirements shall extend to DMAs 141 through 150; on January 1, 2030, the requirements shall extend to DMAs 151 through 160; on January 1, 2031, the requirements shall extend to DMAs 161 through 170; on January 1, 2032, the requirements shall extend to DMAs 171 through 180; on January 1, 2033, the requirements shall extend to DMAs 181 through 190; on January 1, 2034, the requirements shall extend to DMAs 191 through 200; and on January 1, 2035, the requirements shall extend to DMAs 201 through 210; (2) [Reserved] (3) Television broadcast stations that are affiliated or otherwise associated with any television network must pass through audio description when the network provides audio description and the broadcast station has the technical capability necessary to pass through the audio description, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description; (4) Multichannel video programming distributor (MVPD) systems that serve 50,000 or more subscribers must provide 50 hours of audio description per calendar quarter during prime time or children's programming, and 37.5 additional hours of audio description per calendar quarter between 6 a.m. and 11:59 p.m. local time, on each channel on which they carry one of the top five national nonbroadcast networks, as defined by an average of the national audience share during prime time of nonbroadcast networks that reach 50 percent or more of MVPD households and have at least 50 hours per quarter of prime time programming that is not live or near-live or otherwise exempt under this part. Initially, the top five networks are those determined by The Nielsen Company, for the time period October 2009-September 2010, and will update at three year intervals. The first update will be July 1, 2015, based on the ratings for the time period October 2013-September 2014; the second will be July 1, 2018, based on the ratings for the time period October 2016-September 2017; and so on; and (5) Multichannel video programming distributor (MVPD) systems of any size: (i) Must pass through audio description on each broadcast station they carry, when the broadcast station provides audio description, and the channel on which the MVPD distributes the programming of the broadcast station has the technical capability necessary to pass through the audio description, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description; and (ii) Must pass through audio description on each nonbroadcast network they carry, when the network provides audio description, and the channel on which the MVPD distributes the programming of the network has the technical capability necessary to pass through the audio description, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description. (c) Responsibility for and determination of compliance. (2) In order to meet its quarterly requirement, a broadcaster or MVPD may count each program it airs with audio description no more than a total of two times on each channel on which it airs the program. A broadcaster or MVPD may count the second airing in the same or any one subsequent quarter. A broadcaster may only count programs aired on its primary broadcasting stream towards its quarterly requirement. A broadcaster carrying one of the top four commercial television broadcast networks on a secondary stream may count programs aired on that stream toward its quarterly requirement for that network only. (3) Once a commercial television broadcast station as defined under paragraph (b)(1) of this section has aired a particular program with audio description, it is required to include audio description with all subsequent airings of that program on that same broadcast station, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description. (4) Once an MVPD as defined under paragraph (b)(4) of this section: (i) Has aired a particular program with audio description on a broadcast station it carries, it is required to include audio description with all subsequent airings of that program on that same broadcast station, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description; or (ii) Has aired a particular program with audio description on a nonbroadcast network it carries, it is required to include audio description with all subsequent airings of that program on that same nonbroadcast network, unless it is using the technology used to provide audio description for another purpose related to the programming that would conflict with providing the audio description. (5) In evaluating whether a video programming distributor has complied with the requirement to provide video programming with audio description, the Commission will consider showings that any lack of audio description was de minimis and reasonable under the circumstances. (d) Procedures for exemptions based on economic burden. (2) The petitioner must support a petition for exemption with sufficient evidence to demonstrate that compliance with the requirements to provide programming with audio description would be economically burdensome. The term “economically burdensome” means imposing significant difficulty or expense. The Commission will consider the following factors when determining whether the requirements for audio description would be economically burdensome: (i) The nature and cost of providing audio description of the programming; (ii) The impact on the operation of the video programming provider; (iii) The financial resources of the video programming provider; and (iv) The type of operations of the video programming provider. (3) In addition to the factors in paragraph (d)(2) of this section, the petitioner must describe any other factors it deems relevant to the Commission's final determination and any available alternative that might constitute a reasonable substitute for the audio description requirements. The Commission will evaluate economic burden with regard to the individual outlet. (4) The petitioner must file an original and two (2) copies of a petition requesting an exemption based on the economically burdensome standard in this paragraph, and all subsequent pleadings, in accordance with § 0.401(a) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may file comments or oppositions to the petition within 30 days of the public notice of the petition. Within 20 days of the close of the comment period, the petitioner may reply to any comments or oppositions filed. (7) Persons that file comments or oppositions to the petition must serve the petitioner with copies of those comments or oppositions and must include a certification that the petitioner was served with a copy. Parties filing replies to comments or oppositions must serve the commenting or opposing party with copies of such replies and shall include a certification that the party was served with a copy. (8) Upon a finding of good cause, the Commission may lengthen or shorten any comment period and waive or establish other procedural requirements. (9) Persons filing petitions and responsive pleadings must include a detailed, full showing, supported by affidavit, of any facts or considerations relied on. (10) The Commission may deny or approve, in whole or in part, a petition for an economic burden exemption from the audio description requirements. (11) During the pendency of an economic burden determination, the Commission will consider the video programming subject to the request for exemption as exempt from the audio description requirements. (e) Complaint procedures. (i) The name and address of the complainant; (ii) The name and address of the broadcast station against whom the complaint is alleged and its call letters and network affiliation, or the name and address of the MVPD against whom the complaint is alleged and the name of the network that provides the programming that is the subject of the complaint; (iii) A statement of facts sufficient to show that the video programming distributor has violated or is violating the Commission's rules, and, if applicable, the date and time of the alleged violation; (iv) The specific relief or satisfaction sought by the complainant; (v) The complainant's preferred format or method of response to the complaint (such as letter, facsimile transmission, telephone (voice/TRS/TTY), Internet email, or some other method that would best accommodate the complainant's disability); and (vi) A certification that the complainant attempted in good faith to resolve the dispute with the broadcast station or MVPD against whom the complaint is alleged. (2) The Commission will promptly forward complaints satisfying the above requirements to the video programming distributor involved. The video programming distributor must respond to the complaint within a specified time, generally within 30 days. The Commission may authorize Commission staff either to shorten or lengthen the time required for responding to complaints in particular cases. The answer to a complaint must include a certification that the video programming distributor attempted in good faith to resolve the dispute with the complainant. (3) The Commission will review all relevant information provided by the complainant and the video programming distributor and will request additional information from either or both parties when needed for a full resolution of the complaint. (i) The Commission may rely on certifications from programming suppliers, including programming producers, programming owners, networks, syndicators and other distributors, to demonstrate compliance. The Commission will not hold the video programming distributor responsible for situations where a program source falsely certifies that programming that it delivered to the video programming distributor meets the audio description requirements of this section if the video programming distributor is unaware that the certification is false. Appropriate action may be taken with respect to deliberate falsifications. (ii) If the Commission finds that a video programming distributor has violated the audio description requirements of this section, it may impose penalties, including a requirement that the video programming distributor deliver video programming containing audio description in excess of its requirements. (f) Private rights of action are prohibited. [76 FR 55604, Sept. 8, 2011, as amended at 76 FR 68118, Nov. 3, 2011; 82 FR 37354, Aug. 10, 2017; 85 FR 64409. Oct. 13, 2020; 85 FR 76485, Nov. 30, 2020; 88 FR 773762, Oct. 27, 2023] § 79.4 Closed captioning of video programming delivered using Internet protocol. (a) Definitions. (1) Video programming. (2) Full-length video programming. (3) Video programming distributor or video programming provider. (4) Video programming owner. (i) Licenses the video programming to a video programming distributor or provider that makes the video programming available directly to the end user through a distribution method that uses Internet protocol; or (ii) Acts as the video programming distributor or provider, and also possesses the right to license the video programming to a video programming distributor or provider that makes the video programming available directly to the end user through a distribution method that uses Internet protocol. (5) Internet protocol. (6) Closed captioning. (7) Live programming. (8) Near-live programming. (9) Prerecorded programming. (10) Edited for Internet distribution. (11) Consumer-generated media. (12) Video clips. (13) Outtakes. (14) Nonexempt programming. (b) Requirements for closed captioning of Internet protocol-delivered video programming. (i) September 30, 2012, for all prerecorded programming that is not edited for Internet distribution, unless it is subject to paragraph (b)(1)(iv) of this section. (ii) March 30, 2013, for all live and near-live programming, unless it is subject to paragraph (b)(1)(iv) of this section. (iii) September 30, 2013, for all prerecorded programming that is edited for Internet distribution, unless it is subject to paragraph (b)(1)(iv) of this section. (iv) All programming that is already in the video programming distributor's or provider's library before it is shown on television with captions must be captioned within 45 days after the date it is shown on television with captions on or after March 30, 2014 and before March 30, 2015. Such programming must be captioned within 30 days after the date it is shown on television with captions on or after March 30, 2015 and before March 30, 2016. Such programming must be captioned within 15 days after the date it is shown on television with captions on or after March 30, 2016. (2) All nonexempt video clips delivered using Internet protocol must be provided with closed captions if the video programming distributor or provider posts on its Web site or application a video clip of video programming that it published or exhibited on television in the United States with captions on or after the applicable compliance deadline. The requirements contained in this paragraph shall not apply to video clips added to the video programming distributor's or provider's library before the video programming distributor or provider published or exhibited the associated video programming on television in the United States with captions on or after the applicable compliance deadline. (i) The requirements contained in paragraph (b)(2) of this section shall apply with the following compliance deadlines: (A) January 1, 2016, where the video clip contains a single excerpt of a captioned television program with the same video and audio that was presented on television. (B) January 1, 2017, where a single file contains multiple video clips that each contain a single excerpt of a captioned television program with the same video and audio that was presented on television. (C) July 1, 2017, for video clips of live and near-live programming. (ii) Closed captions must be provided for video clips of live programming within 12 hours after the conclusion of the associated video programming's publication or exhibition on television in the United States with captions. Closed captions must be provided for video clips of near-live programming within eight hours after the conclusion of the associated video programming's publication or exhibition on television in the United States with captions. (c) Obligations of video programming owners, distributors and providers Obligations of video programming owners. (i) Send program files to video programming distributors and providers with captions as required by this section, with at least the same quality as the television captions provided for the same programming. If a video programming owner provides captions to a video programming distributor or provider using the Society of Motion Picture and Television Engineers Timed Text format (SMPTE ST 2052-1:2010, incorporated by reference, see (ii) With each video programming distributor and provider that such owner licenses to distribute video programming directly to the end user through a distribution method that uses Internet protocol, agree upon a mechanism to inform such distributors and providers on an ongoing basis whether video programming is subject to the requirements of this section. (2) Obligations of video programming distributors and providers. (i) Enable the rendering or pass through of all required captions to the end user, maintaining the quality of the captions provided by the video programming owner and transmitting captions in a format reasonably designed to reach the end user in that quality. A video programming distributor or provider that provides applications, plug-ins, or devices in order to deliver video programming must comply with the requirements of § 79.103(c) and (d). (ii) With each video programming owner from which such distributor or provider licenses video programming for distribution directly to the end user through a distribution method that uses Internet protocol, agree upon a mechanism to inform such distributor or provider on an ongoing basis whether video programming is subject to the requirements of this section, and make a good faith effort to identify video programming subject to the requirements of this section using the agreed upon mechanism. A video programming distributor or provider may rely in good faith on a certification by a video programming owner that the video programming need not be captioned if: (A) The certification includes a clear and concise explanation of why captioning is not required; and (B) The video programming distributor or provider is able to produce the certification to the Commission in the event of a complaint. (iii) Make contact information available to end users for the receipt and handling of written closed captioning complaints alleging violations of this section. The contact information required for written complaints shall include the name of a person with primary responsibility for Internet protocol captioning issues and who can ensure compliance with these rules. In addition, this contact information shall include the person's title or office, telephone number, fax number, postal mailing address, and email address. Video programming distributors and providers shall keep this information current and update it within 10 business days of any change. (3) A video programming provider's or owner's de minimis (d) Procedures for exemptions based on economic burden. (2) The petitioner must support a petition for exemption with sufficient evidence to demonstrate that compliance with the requirements for closed captioning of video programming delivered via Internet protocol would be economically burdensome. The term “economically burdensome” means imposing significant difficulty or expense. The Commission will consider the following factors when determining whether the requirements for closed captioning of Internet protocol-delivered video programming would be economically burdensome: (i) The nature and cost of the closed captions for the programming; (ii) The impact on the operation of the video programming provider or owner; (iii) The financial resources of the video programming provider or owner; and (iv) The type of operations of the video programming provider or owner. (3) In addition to these factors, the petitioner must describe any other factors it deems relevant to the Commission's final determination and any available alternatives that might constitute a reasonable substitute for the closed captioning requirements of this section including, but not limited to, text or graphic display of the content of the audio portion of the programming. The Commission will evaluate economic burden with regard to the individual outlet. (4) The petitioner must electronically file its petition for exemption, and all subsequent pleadings related to the petition, in accordance with § 0.401(a)(1)(iii) of this chapter. (5) The Commission will place the petition on public notice. (6) Any interested person may electronically file comments or oppositions to the petition within 30 days after release of the public notice of the petition. Within 20 days after the close of the period for filing comments or oppositions, the petitioner may reply to any comments or oppositions filed. (7) Persons who file comments or oppositions to the petition must serve the petitioner with copies of those comments or oppositions and must include a certification that the petitioner was served with a copy. Any petitioner filing a reply to comments or oppositions must serve the commenting or opposing party with a copy of the reply and shall include a certification that the party was served with a copy. Comments or oppositions and replies shall be served upon a party, its attorney, or its other duly constituted agent by delivering or mailing a copy to the party's last known address in accordance with § 1.47 of this chapter or by sending a copy to the email address last provided by the party, its attorney, or other duly constituted agent. (8) Upon a finding of good cause, the Commission may lengthen or shorten any comment period and waive or establish other procedural requirements. (9) Persons filing petitions and responsive pleadings must include a detailed, full showing, supported by affidavit, of any facts or considerations relied on. (10) The Commission may deny or approve, in whole or in part, a petition for an economic burden exemption from the closed captioning requirements of this section. (11) During the pendency of an economic burden determination, the Commission will consider the video programming subject to the request for exemption as exempt from the requirements of this section. (e) Complaint procedures. (2) A complaint should include the following information: (i) The name, postal address, and other contact information of the complainant, such as telephone number or email address; (ii) The name and postal address, Web site, or email address of the video programming distributor, provider, and/or owner against which the complaint is alleged, and information sufficient to identify the video programming involved; (iii) Information sufficient to identify the software or device used to view the program; (iv) A statement of facts sufficient to show that the video programming distributor, provider, and/or owner has violated or is violating the Commission's rules, and the date and time of the alleged violation; (v) The specific relief or satisfaction sought by the complainant; and (vi) The complainant's preferred format or method of response to the complaint (such as letter, facsimile transmission, telephone (voice/TRS/TTY), email, or some other method that would best accommodate the complainant). (3) If a complaint is filed first with the Commission, the Commission will forward complaints satisfying the above requirements to the named video programming distributor, provider, and/or owner, as well as to any other video programming distributor, provider, and/or owner that Commission staff determines may be involved. The video programming distributor, provider, and/or owner must respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. (4) If a complaint is filed first with the video programming distributor or provider, the video programming distributor or provider must respond in writing to the complainant within thirty (30) days after receipt of a closed captioning complaint. If a video programming distributor or provider fails to respond to the complainant within thirty (30) days, or the response does not satisfy the consumer, the complainant may file the complaint with the Commission within thirty (30) days after the time allotted for the video programming distributor or provider to respond. If a consumer re-files the complaint with the Commission (after filing with the distributor or provider) and the complaint satisfies the above requirements, the Commission will forward the complaint to the named video programming distributor or provider, as well as to any other video programming distributor, provider, and/or owner that Commission staff determines may be involved. The video programming distributor, provider, and/or owner must then respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. (5) In response to a complaint, video programming distributors, providers, and/or owners shall file with the Commission sufficient records and documentation to prove that the responding entity was (and remains) in compliance with the Commission's rules. Conclusory or insufficiently supported assertions of compliance will not carry a video programming distributor's, provider's, or owner's burden of proof. If the responding entity admits that it was not or is not in compliance with the Commission's rules, it shall file with the Commission sufficient records and documentation to explain the reasons for its noncompliance, show what remedial steps it has taken or will take, and show why such steps have been or will be sufficient to remediate the problem. (6) The Commission will review all relevant information provided by the complainant and the subject video programming distributors, providers, and/or owners, as well as any additional information the Commission deems relevant from its files or public sources. The Commission may request additional information from any relevant entities when, in the estimation of Commission staff, such information is needed to investigate the complaint or adjudicate potential violation(s) of Commission rules. When the Commission requests additional information, parties to which such requests are addressed must provide the requested information in the manner and within the time period the Commission specifies. (7) If the Commission finds that a video programming distributor, provider, or owner has violated the closed captioning requirements of this section, it may employ the full range of sanctions and remedies available under the Communications Act of 1934, as amended, against any or all of the violators. (f) Private rights of action prohibited. [77 FR 19515, Mar. 30, 2012, as amended at 79 FR 45371, Aug. 5, 2014] Subpart B—Apparatus Source: 78 FR 77251, Dec. 20, 2013, unless otherwise noted. § 79.100 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the FCC must publish a document in the Federal Register www.archives.gov/federal-register/cfr/ibr-locations.html [email protected]. (b) Global Engineering Documents, 15 Inverness Way East, Englewood, CO 80112, (800) 854-7179, or at http://global.ihs.com: (1) EIA-708-B: “Digital Television (DTV) Closed Captioning,” 1999, IBR approved for § 79.102. (2) [Reserved] (c) Society of Motion Picture & Television Engineers (SMPTE), 3 Barker Ave., 5th Floor, White Plains, NY 10601, or at the SMPTE Web site: http://www.smpte.org/standards/: (1) SMPTE ST 2052-1:2010: “Timed Text Format (SMPTE-TT)” 2010, IBR approved for §§ 79.4 and 79.103. (2) [Reserved] [77 FR 19518, Mar. 30, 2012, as amended at 85 FR 64409, Oct. 13, 2020; 88 FR 21449, Apr. 10, 2023] § 79.101 [Reserved] § 79.102 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 to paragraph ( a 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 to paragraph ( a This paragraph places no restrictions on the shipping or sale of DTV converter boxes that were manufactured before July 1, 2002. (3) Effective January 1, 2014, all digital television receivers and all separately sold DTV tuners shipped in interstate commerce or manufactured in the United States shall comply with the provisions of this section, if technically feasible, except that digital television receivers that use a picture screens less than 13 inches in size must comply with the provisions of this section only if doing so is achievable pursuant to § 79.103(b)(3). Note to paragraph ( a This paragraph places no restrictions on the importing, shipping, or sale of digital television receivers and separately sold DTV tuners that were manufactured before January 1, 2014. (b) Digital television receivers and tuners must be capable of decoding closed captioning information that is delivered pursuant to EIA-708-B: “Digital Television (DTV) Closed Captioning” (incorporated by reference, see (c) Services. (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. (2) The following characters within code space G2 must be supported: (i) Transparent space ( TSP (ii) Non-breaking transparent space ( NBTSP (iii) Solid block ( ). (iv) Trademark symbol ( TM (v) 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. Table 2—G2 Character Substitution Table G2 Character Substitute with Open single quote (‘), G2 char code 0 × 31 G0 single quote (‘), char code 0 × 27 Close single quote (’), G2 char code 0 × 32 G0 single quote (’), char code 0 × 27 Open double quote (“), G2 char code 0 × 33 G0 double quote (“), char code 0 × 22 Close double quote (”), G2 char code 0 × 34 G0 double quote (”), char code 0 × 22 Bold bullet (•), G2 char code 0 × 35 G1 bullet (•), char code 0 × B7 Elipsis (. . .), G2 char code 0 × 25 G0 underscore (_), char code 0 × 5F One-eighth ( 1 8 G0 percent sign (%), char code 0 × 25 Three-eighths ( 3 8 G0 percent sign (%), char code 0 × 25 Five-eighths ( 5 8 G0 percent sign (%), char code 0 × 25 Seven-eighths ( 7 8 G0 percent sign (%), char code 0 × 25 Vertical border (|), G2 char code 0 × 7A G0 stroke (|), char code 0 × 7C Upper-right border (⌉), G2 char code 0 × 7B G0 dash (-), char code 0 × 2D Lower-left border (⌊), G2 char code 0 × 7C G0 dash (-), char code 0 × 2D Horizontal border (―), G2 char code 0 × 7D G0 dash (-), char code 0 × 2D Lower-right border (⌋), G2 char code 0 × 7E G0 dash (-), char code 0 × 2D Upper-left border (⌈), G2 char code 0 × 7F G0 dash (-), char code 0 × 2D (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 0 × 5F. (e) Screen coordinates. Table 3—Screen Coordinate Resolutions and Limits Screen aspect ratio Maximum anchor position resolution Minimum anchor position resolution Maximum displayed rows Maximum characters per row 4:3 75v × 160h 15v × 32h 4 32 16:9 75v × 210h 15v × 42h 4 42 Other 75v × (5 × H) 15v × H* 4 1 1 1 3 4 3 (1) This means that the minimum grid resolution for a 4:3 aspect ratio instrument is 15 vertical positions × 32 horizontal positions. This minimum grid resolution for 16:9 ratio instrument is 15 vertical positions × 42 horizontal positions. These minimum grid sizes are to cover the entire safe-title area of the corresponding screen. (2) The minimum coordinates equate to a 1/5 (3) 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. (4) 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. (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. (i) 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. (ii) 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. i.e. i.e. (i) Predefined window and pen styles. Table 4—Predefined Window Style ID's Style ID # Justify Print direction Scroll Word wrap Display Effect Effect Fill color Fill opacity Border type Border color Usage 1 Left Left-to-right Bottom-to-top No Snap n/a n/a (0,0,0) Black Solid None n/a NTSC Style PopUp Captions 2 Left Left-to-right Bottom-to-top No Snap n/a n/a n/a Transparent None n/a PopUp Captions w/o Black Background 3 Cntr Left-to-right Bottom-to-top No Snap n/a n/a (0,0,0) Black Solid None n/a NTSC Style Centered PopUp Captions 4 Left Left-to-right Bottom-to-top Yes Snap n/a n/a (0,0,0) Black Solid None n/a NTSC Style RollUp Captions 5 Left Left-to-right Bottom-to-top Yes Snap n/a n/a n/a Transparent None n/a RollUp Captions w/o Black Background 6 Cntr Left-to-right Bottom-to-top Yes Snap n/a n/a (0,0,0) Black Solid None n/a NTSC Style Centered RollUp Captions 7 Left Top-to-bottom Right-to-left No Snap n/a n/a (0,0,0) Black Solid None n/a Ticker Tape Table 5—Predefined Pen Style ID's Predefined style ID Pen size Font style Offset Italics Underline Edge type Foregrnd color Foregrnd opacity Backgrnd color Backgrnd opacity Edge color Usage 1 Stndr 0 Normal No No None (2,2,2) White Solid (0,0,0) Black Solid n/a Default NTSC Style* 2 Stndr 1 Normal No No None (2,2,2) Solid (0,0,0) White Solid n/a NTSC Style* Mono w/Serif 3 Stndr 2 Normal No No None (2,2,2) White Solid (0,0,0) Black Solid n/a NTSC Style* Prop w/ Serif 4 Stndr 3 Normal No No None (2,2,2) White Solid (0,0,0) Black Solid n/a NTSC Style* Mono w/o Serif 5 Stndr 4 Normal No No None (2,2,2) White Solid (0,0,0) Black Solid n/a NTSC Style* Prop w/o Serif 6 Stndr 3 Normal No No Unifrm (2,2,2) White Solid n/a Transparent (0,0,0) Black Mono w/o Serif, Bordered Text, No BG 7 Stndr 4 Normal No No Unifrm (2,2,2) White Solid n/a Transparent (0,0,0) Black Prop. w/o Serif, Bordered Text, No BG *“NTSC Style”—White Text on Black Background (j) Pen size. 1/15 1/32 1/42 (2) 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 (k) Font styles. (i) 0—Default (undefined) (ii) 1—Monospaced with serifs (similar to Courier) (iii) 2—Proportionally spaced with serifs (similar to Times New Roman) (iv) 3—Monospaced without serifs (similar to Helvetica Monospaced) (v) 4—Proportionally spaced without serifs (similar to Arial and Swiss) (vi) 5—Casual font type (similar to Dom and Impress) (vii) 6—Cursive font type (similar to Coronet and Marigold) (viii) 7—Small capitals (similar to Engravers Gothic) (2) 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. i.e., (m) Pen styles. (n) Foreground color and opacity. (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. (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. (q) Color representation. Table 6—Minimum Color List Table 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 (2)(i) 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: (A) All one (1) values are to be changed to 0. (B) All two (2) values are to remain unchanged. (C) All three (3) values are to be changed to 2. (ii) 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. Table 7—Alternative Minimum Color List Table 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 (i) When a decoder supporting the Alternative Minimum Color List in Table 7 receives an RGB value not in the list ( i.e. (A) 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. (B) 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). (ii) 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. (1) To provide a buffer so that the first and last characters of a caption row do not fall outside the safe title area, and (2) 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. (i) Since caption windows are required to reside in the safe title area of the DTV screen, reason 1 (above) is not applicable to DTVCC captions. (ii) The attributes available in the SetPenAttributes command for character rendition (e.g., character background and edge attributes) provide unlimited flexibility 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. (t) Settings. [65 FR 58471, Sept. 29, 2000, as amended at 69 FR 2849, Jan. 21, 2004. Redesignated and amended at 77 FR 19515, 19518, Mar. 30, 2012; 78 FR 39627, July 2, 2013] § 79.103 Closed caption decoder and display requirements for apparatus. (a) Effective January 1, 2014, all digital apparatus designed to receive or play back video programming transmitted simultaneously with sound, if such apparatus is manufactured in the United States or imported for use in the United States and uses a picture screen of any size must be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captioned video programming pursuant to the provisions of this section, if technically feasible, except that apparatus that use a picture screen less than 13 inches in size must comply with the provisions of this section only if doing so is achievable as defined in this section. Note 1 to paragraph ( a Apparatus includes the physical device and the video player(s) capable of displaying video programming transmitted simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming transmitted simultaneously with sound that manufacturers direct consumers to install after sale. Note 2 to paragraph ( a This paragraph places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before January 1, 2014. (b) Exempt apparatus Display-only monitors. (2) Professional or commercial equipment. (3)(i) Achievable. (ii) The petitioner or respondent must support a petition for exemption or a response to a complaint with sufficient evidence to demonstrate that compliance with the requirements of this section is not “achievable” where “achievable” means with reasonable effort or expense. The Commission will consider the following factors when determining whether the requirements of this section are not “achievable:” (A) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equipment or service in question; (B) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; (C) The type of operations of the manufacturer or provider; and (D) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. (4) Waiver. (i) The apparatus is primarily designed for activities other than receiving or playing back video programming transmitted simultaneously with sound; or (ii) The apparatus is designed for multiple purposes, capable of receiving or playing back video programming transmitted simultaneously with sound but whose essential utility is derived from other purposes. (c) Specific technical capabilities. (1) Presentation. (2) Character color. (3) Character opacity. (4) Character size. (5) Fonts. (6) Caption background color and opacity. (7) Character edge attributes. (8) Caption window color. (9) Language. (10) Preview and setting retention. (11) Safe Harbor. see Note to paragraph ( c Where video programming providers or distributors subject to § 79.4 of this part display or render captions, they shall implement the functional requirements contained in paragraphs (c)(1) through (10) of this section unless doing so is economically burdensome as defined in § 79.4(d). (d) Interconnection. (e) Access to closed captioning display settings. (1) In determining whether closed captioning display settings are readily accessible, the Commission will require compliance with the following factors: (i) Proximity. (ii) Discoverability. (A) Conduct usability testing to determine if caption display settings can be easily found by working with consumers and disability groups as part of the testing process; (B) Make good faith efforts to correct problems identified during the consumer testing process; and (C) Train customer-facing employees on how to advise customers with regard to caption display settings. (iii) Previewability. (iv) Consistency and persistence. (A) With regard to an MVPD's provision of navigation devices, expose closed caption display settings via an application programming interface (API) or similar method that an over-the-top application provider can use upon launch of their application on the device. The API or similar method must enable the application provider to use the device-level caption settings for its own content, if it chooses, and covered entities must notify application developers about this API or similar method through any reasonable means; (B) With regard to providing an MVPD's own video programming application hosted on third-party devices, utilize the operating system-level closed caption settings of the apparatus upon launch of the application on the device; and (C) Ensure that apparatus they manufacture make closed caption settings available to applications via an API or similar method. (2) Compliance with this paragraph (e) is required for devices that use next generation operating systems deployed after August 17, 2026. (3) This paragraph (e) places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before August 17, 2026. [77 FR 19518, Mar. 30, 2012, as amended at 78 FR 39628, July 2, 2013; 89 FR 66282, Aug. 15, 2024; 90 FR 10042, Feb. 21, 2025] § 79.104 Closed caption decoder requirements for recording devices. (a) Effective January 1, 2014, all apparatus designed to record video programming transmitted simultaneously with sound, if such apparatus is manufactured in the United States or imported for use in the United States, must comply with the provisions of this section except that apparatus must only do so if it is achievable as defined in § 79.103(b)(3). Note to paragraph ( a This paragraph places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before January 1, 2014. (b) All apparatus subject to this section must enable the rendering or the pass through of closed captions such that viewers are able to activate and de-activate the closed captions as the video programming is played back as described in § 79.103(c). (c) All apparatus subject to this section must comply with the interconnection mechanism requirements in § 79.103(d). [77 FR 19520, Mar. 30, 2012, as amended at 78 FR 39628, July 2, 2013] § 79.105 Audio description and emergency information accessibility requirements for all apparatus. (a) Effective May 26, 2015, all apparatus that is designed to receive or play back video programming transmitted simultaneously with sound that is provided by entities subject to §§ 79.2 and 79.3, is manufactured in the United States or imported for use in the United States, and uses a picture screen of any size, must have the capability to decode and make available the secondary audio stream if technically feasible, unless otherwise provided in this section, which will facilitate the following services: (1) The transmission and delivery of audio description services as required by § 79.3; and (2) Emergency information (as that term is defined in § 79.2) in a manner that is accessible to individuals who are blind or visually impaired. Note 1 to paragraph ( a Apparatus includes the physical device and the video player(s) capable of displaying video programming transmitted simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming transmitted simultaneously with sound that manufacturers direct consumers to install after sale. Note 2 to paragraph ( a This paragraph places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before May 26, 2015. (b) Exempt apparatus Display-only monitors. (2) Professional or commercial equipment. (3)(i) Apparatus that use a picture screen of less than 13 inches in size must comply with the provisions of this section only if doing so is achievable as defined in this section. Manufacturers of apparatus that use a picture screen of less than 13 inches in size may petition the Commission for a full or partial exemption from the audio description and emergency information requirements of this section pursuant to § 1.41 of this chapter, which the Commission may grant upon a finding that the requirements of this section are not achievable, or may assert that such apparatus is fully or partially exempt as a response to a complaint, which the Commission may dismiss upon a finding that the requirements of this section are not achievable. (ii) The petitioner or respondent must support a petition for exemption or a response to a complaint with sufficient evidence to demonstrate that compliance with the requirements of this section is not “achievable” where “achievable” means with reasonable effort or expense. The Commission will consider the following factors when determining whether the requirements of this section are not “achievable:” (A) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equipment or service in question; (B) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; (C) The type of operations of the manufacturer or provider; and (D) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. (4) Waiver. (i) The apparatus is primarily designed for activities other than receiving or playing back video programming transmitted simultaneously with sound; or (ii) The apparatus is designed for multiple purposes, capable of receiving or playing back video programming transmitted simultaneously with sound but whose essential utility is derived from other purposes. (c) Interconnection. (d) Beginning December 20, 2016, all apparatus subject to this section must provide a simple and easy to use mechanism for activating the secondary audio stream for audible emergency information. Note to paragraph ( d This paragraph places no restrictions on the importing, shipping, or sale of navigation devices that were manufactured before December 20, 2016. [78 FR 31798, May 24, 2013, as amended at 80 FR 39715, July 10, 2015; 85 FR 76486, Nov. 30, 2020] § 79.106 Audio description and emergency information accessibility requirements for recording devices. (a) Effective May 26, 2015, all apparatus that is designed to record video programming transmitted simultaneously with sound that is provided by entities subject to §§ 79.2 and 79.3 and is manufactured in the United States or imported for use in the United States, must comply with the provisions of this section except that apparatus must only do so if it is achievable as defined in § 79.105(b)(3). Note 1 to paragraph ( a Apparatus includes the physical device and the video player(s) capable of displaying video programming transmitted simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming transmitted simultaneously with sound that manufacturers direct consumers to install after sale. Note 2 to paragraph ( a This paragraph places no restrictions on the importing, shipping, or sale of apparatus that were manufactured before May 26, 2015. (b) All apparatus subject to this section must enable the presentation or the pass through of the secondary audio stream, which will facilitate the provision of audio description signals and emergency information (as that term is defined in § 79.2) such that viewers are able to activate and de-activate the audio description as the video programming is played back on a picture screen of any size. (c) All apparatus subject to this section must comply with the interconnection mechanism requirements in § 79.105(c). [78 FR 31798, May 24, 2013, as amended at 85 FR 76486, Nov. 30, 2020] § 79.107 User interfaces provided by digital apparatus. (a)(1) A manufacturer of digital apparatus manufactured in or imported for use in the United States and designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using Internet protocol, must ensure that digital apparatus be designed, developed, and fabricated so that control of appropriate built-in functions included in the digital apparatus are accessible to and usable by individuals who are blind or visually impaired. Digital apparatus do not include navigation devices as defined in § 76.1200 of this chapter. Manufacturers must comply with the provisions of this section only if achievable as defined in § 79.107(c)(2). Note 1 to paragraph ( a The term digital apparatus as used in this section includes the physical device and the video player(s) capable of displaying video programming transmitted in digital format simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming in digital format transmitted simultaneously with sound that manufacturers direct consumers to install after sale. The term software includes third-party applications that are pre-installed on a device by the manufacturer or that the manufacturer directs consumers to install after sale. Note 2 to paragraph ( a This paragraph places no restrictions on the importing, shipping, or sale of digital apparatus manufactured before the applicable compliance deadline for this section. (2) If on-screen text menus or other visual indicators built in to the digital apparatus are used to access the appropriate built-in apparatus functions, manufacturers of the digital apparatus must ensure that those functions are accompanied by audio output that is either integrated or peripheral to the digital apparatus, so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired in real time. (3) For appropriate built-in digital apparatus functions that are not accessed through on screen text menus or other visual indicators, i.e., (i) Operable without vision. (ii) Operable with low vision and limited or no hearing. (iii) Operable with little or no color perception. (4) Appropriate built-in apparatus functions are those functions that are used for receiving, playing back, or displaying video programming, and include the following functions: (i) Power On/Off. (ii) Volume Adjust and Mute. (iii) Channel/Program Selection. (iv) Display Channel/Program Information. (v) Configuration—Setup. (vi) Configuration—CC Control. (vii) Configuration—CC Options. (viii) Configuration—audio description control. i.e., (ix) Display Configuration Info. (x) Playback Functions. (xi) Input Selection. (5) As used in this section, the term “usable” shall mean that individuals with disabilities have access to information and documentation on the full functionalities of digital apparatus, including instructions, product information (including accessible feature information), documentation, bills, and technical support which are provided to individuals without disabilities. (b) Compliance deadline. (1) Display-only monitors and video projectors; (2) Devices that are primarily designed to capture and display still and/or moving images consisting of consumer generated media, or of other images that are not video programming as defined under § 79.4(a)(1) of this part, and that have limited capability to display video programming transmitted simultaneously with sound; and (3) Devices that are primarily designed to display still images and that have limited capability to display video programming transmitted simultaneously with sound. (c)(1) Achievable. (i) May file a petition seeking a determination from the Commission, pursuant to § 1.41 of this chapter, that compliance with the requirements of this section is not achievable, which the Commission may grant upon a finding that such compliance is not achievable, or (ii) May raise as a defense to a complaint or Commission enforcement action that a particular digital apparatus does not comply with the requirements of this section because compliance was not achievable, and the Commission may dismiss a complaint or Commission enforcement action upon a finding that such compliance is not achievable. (2) The petitioner or respondent must support a petition filed pursuant to paragraph (c)(1) of this section or a response to a complaint or Commission enforcement action with sufficient evidence to demonstrate that compliance with the requirements of this section is not “achievable.” “Achievable” means with reasonable effort or expense. The Commission will consider the following factors when determining whether compliance with the requirements of this section is not “achievable” under the factors set out in 47 U.S.C. 617(g): (i) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equipment or service in question; (ii) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; (iii) The type of operations of the manufacturer or provider; and (iv) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. (d)(1) Information, documentation, and training. (i) Providing a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge; (ii) Providing end-user product documentation in alternate formats or alternate modes upon request at no additional charge; and (iii) Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge. (2) Manufacturers of digital apparatus shall include in general product information the contact method for obtaining the information required by paragraph (d)(1) of this section. (3) In developing, or incorporating existing training programs, manufacturers of digital apparatus shall consider the following topics: (i) Accessibility requirements of individuals with disabilities; (ii) Means of communicating with individuals with disabilities; (iii) Commonly used adaptive technology used with the manufacturer's products; (iv) Designing for accessibility; and (v) Solutions for accessibility and compatibility. (e) Notices. [78 FR 77251, Dec. 20, 2013, as amended at 81 FR 5936, Feb. 4, 2016; 85 FR 76486, Nov. 30, 2020] § 79.108 Video programming guides and menus provided by navigation devices. (a)(1) Manufacturers that place navigation devices, as defined by § 76.1200 of this chapter, into the chain of commerce for purchase by consumers, and multichannel video programming distributors (“MVPDs”) as defined by § 76.1200 of this chapter that lease or sell such devices must ensure that the on-screen text menus and guides provided by navigation devices for the display or selection of multichannel video programming are audibly accessible in real time upon request by individuals who are blind or visually impaired. Manufacturers and MVPDs must comply with the provisions of this section only if doing so is achievable as defined in § 79.108(c)(2). Note 1 to paragraph ( a This paragraph places no restrictions on the importing, shipping, or sale of navigation devices manufactured before the applicable compliance deadline for this section. Note 2 to paragraph ( a In determining whether a particular device is considered a “navigation device” subject to the requirements of this section, the Commission will look to the device's built-in functionality at the time of manufacture. (2) The following functions are used for the display or selection of multichannel video programming and must be made audibly accessible by manufacturers of navigation devices and MVPDs covered by this section when included in a navigation device and accessed through on-screen text menus or guides: (i) Channel/Program Selection. (ii) Display Channel/Program Information. (iii) Configuration—Setup. (iv) Configuration—CC Control. (v) Configuration—CC Options. (vi) Configuration—audio description control. i.e., (vii) Display Configuration Info. (viii) Playback Functions. (ix) Input Selection. (3) Manufacturers of navigation devices and MVPDs covered by this section must ensure that the following functions are made accessible, as defined by § 79.107(a)(3), to individuals who are blind or visually impaired: (i) Power On/Off. (ii) Volume Adjust and Mute. (4) With respect to navigation device features and functions: (i) Delivered in software, the requirements set forth in this section shall apply to the manufacturer of such software; and (ii) Delivered in hardware, the requirements set forth in this section shall apply to the manufacturer of such hardware. (5) Manufacturers of navigation devices and MVPDs covered by this section must permit a requesting blind or visually impaired individual to request an accessible navigation device through any means that such covered entities generally use to make available navigation devices to other consumers. Any such means must not be more burdensome to a requesting blind or visually impaired individual than the means required for other consumers to obtain navigation devices. A manufacturer that provides navigation devices at retail to requesting blind or visually impaired consumers must make a good faith effort to have retailers make available compliant navigation devices to the same extent they make available navigation devices to other consumers generally. (6) Manufacturers of navigation devices and MVPDs covered by this section must provide an accessible navigation device to a requesting blind or visually impaired individual within a reasonable time, defined as a time period comparable to the time that such covered entities generally provide navigation devices to other consumers. (7) Compliance through the use of separate equipment or software. (i) Ensure that any software, peripheral device, equipment, service or solution relied upon achieves the accessibility required by this section. If a navigation device has any functions that are required to be made accessible pursuant to this section, any separate solution must make all of those functions accessible or enable the accessibility of those functions. (ii) Provide any software, peripheral device, equipment, service or solution in a manner that is not more burdensome to a requesting blind or visually impaired individual than the manner in which such entity generally provides navigation devices to other consumers. (iii) Provide any software, peripheral device, equipment, service or solution at no additional charge. (iv) Provide any software, peripheral device, equipment, service or solution within a reasonable time, defined as a time period comparable to the time that such entity generally provides navigation devices to other consumers. (8) Manufacturers of navigation devices and MVPDs covered by this section shall only be responsible for compliance with the requirements of this section with respect to navigation devices that such covered entities provide to a requesting blind or visually impaired individual. (b) Compliance deadline. (1) MVPD operators with 400,000 or fewer subscribers as of year-end 2012; and (2) MVPD systems with 20,000 or fewer subscribers that are not affiliated with an operator serving more than 10 percent of all MVPD subscribers as of year-end 2012. (c)(1) Achievable. (i) May file a petition seeking a determination from the Commission, pursuant to § 1.41 of this chapter, that compliance with the requirements of this section is not achievable, which the Commission may grant upon a finding that such compliance is not achievable, or (ii) May raise as a defense to a complaint or Commission enforcement action that a particular navigation device does not comply with the requirements of this section because compliance was not achievable, and the Commission may dismiss a complaint or Commission enforcement action upon a finding that such compliance is not achievable. (2) The petitioner or respondent must support a petition filed pursuant to paragraph (c)(1) of this section or a response to a complaint or Commission enforcement action with sufficient evidence to demonstrate that compliance with the requirements of this section is not “achievable.” “Achievable” means with reasonable effort or expense. The Commission will consider the following factors when determining whether compliance with the requirements of this section is not “achievable” under the factors set out in 47 U.S.C. 617(g): (i) The nature and cost of the steps needed to meet the requirements of this section with respect to the specific equipment or service in question; (ii) The technical and economic impact on the operation of the manufacturer or provider and on the operation of the specific equipment or service in question, including on the development and deployment of new communications technologies; (iii) The type of operations of the manufacturer or provider; and (iv) The extent to which the service provider or manufacturer in question offers accessible services or equipment containing varying degrees of functionality and features, and offered at differing price points. (d)(1) MVPD notices. (i) When providing information about equipment options in response to a consumer inquiry about service, accessibility, or other issues, MVPDs must clearly and conspicuously inform consumers about the availability of accessible navigation devices. (ii) MVPDs must provide notice on their official Web sites about the availability of accessible navigation devices. MVPDs must prominently display information about accessible navigation devices and separate solutions on their Web sites in a way that makes such information available to all current and potential subscribers. The notice must publicize the availability of accessible devices and separate solutions and explain the means for making requests for accessible equipment and the specific person, office or entity to whom such requests are to be made. The contact office or person listed on the Web site must be able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features. All information required by this section must be provided in a Web site format that is accessible to people with disabilities. (2) Manufacturer notices. (e) Verification of eligibility. (f)(1) Information, documentation, and training. (i) Providing a description of the accessibility and compatibility features of the product upon request, including, as needed, in alternate formats or alternate modes at no additional charge; (ii) Providing end-user product documentation in alternate formats or alternate modes upon request at no additional charge; and (iii) Ensuring usable customer support and technical support in the call centers and service centers which support their products at no additional charge. (2) MVPDs and manufacturers of navigation devices shall include in general product information the contact method for obtaining the information required by paragraph (f)(1) of this section. (3) In developing, or incorporating existing training programs, MVPDs and manufacturers of navigation devices shall consider the following topics: (i) Accessibility requirements of individuals with disabilities; (ii) Means of communicating with individuals with disabilities; (iii) Commonly used adaptive technology used with the manufacturer's products; (iv) Designing for accessibility; and (v) Solutions for accessibility and compatibility. (4) If a consumer with a disability requests an accessible navigation device pursuant to Section 205, this also constitutes a request for a description of the accessibility features of the device and end-user product documentation in accessible formats. [78 FR 77251, Dec. 20, 2013, as amended at 81 FR 5936, Feb. 4, 2016; 85 FR 76486, Nov. 30, 2020] § 79.109 Activating accessibility features. (a) Requirements applicable to digital apparatus. (2) Manufacturers of digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using internet protocol, with built-in audio description capability must ensure that audio description can be activated through a mechanism that is reasonably comparable to a button, key, or icon. Digital apparatus do not include navigation devices as defined in § 76.1200 of this chapter. Note 1 to paragraph ( a The term digital apparatus includes the physical device and the video player(s) capable of displaying video programming transmitted in digital format simultaneously with sound that manufacturers install into the devices they manufacture before sale, whether in the form of hardware, software, or a combination of both, as well as any video players capable of displaying video programming in digital format transmitted simultaneously with sound that manufacturers direct consumers to install after sale. The term software includes third-party applications that are pre-installed on a device by the manufacturer or that the manufacturer directs consumers to install after sale. Note 2 to paragraph ( a This paragraph places no restrictions on the importing, shipping, or sale of digital apparatus manufactured before the applicable compliance deadline for this section. (b) Requirements applicable to navigation devices. Note 1 to paragraph ( b In determining whether a particular device is considered a “navigation device” subject to the requirements of this section, the Commission will look to the device's built-in functionality at the time of manufacture. Note 2 to paragraph ( b This paragraph places no restrictions on the importing, shipping, or sale of navigation devices manufactured before the applicable compliance deadline for this section. (c) Compliance deadline. [78 FR 77251, Dec. 20, 2013, as amended at 85 FR 76486, Nov. 30, 2020] § 79.110 Complaint procedures for user interfaces, menus and guides, and activating accessibility features on digital apparatus and navigation devices. (a) Complaints concerning an alleged violation of the requirements of § 79.107, § 79.108, or § 79.109 must be filed in accordance with this section. For purposes of this section, a covered entity is the entity or entities responsible for compliance with § 79.107, § 79.108, or § 79.109. (1) Complaints must be filed with the Commission or with the covered entity within 60 days after the date the complainant experiences a problem relating to compliance with the requirements of § 79.107, § 79.108, or § 79.109. A complaint filed with the Commission may be transmitted to the Consumer and Governmental Affairs Bureau by any reasonable means, such as the Commission's online informal complaint filing system, letter, facsimile, telephone (voice/TRS/TTY), email, or some other method that would best accommodate the complainant's disability. (2) A complaint should include the following information: (i) The complainant's name, address, and other contact information, such as telephone number and email address; (ii) The name and contact information of the covered entity; (iii) Information sufficient to identify the software or digital apparatus/navigation device used; (iv) The date or dates on which the complainant purchased, acquired, or used, or tried to purchase, acquire, or use the digital apparatus/navigation device; (v) A statement of facts sufficient to show that the covered entity has violated, or is violating, the Commission's rules; (vi) The specific relief or satisfaction sought by the complainant; (vii) The complainant's preferred format or method of response to the complaint; and (viii) If a complaint pursuant to § 79.108, the date that the complainant requested an accessible navigation device and the person or entity to whom that request was directed. (3) If a complaint is filed first with the Commission, the Commission will forward a complaint satisfying the above requirements to the named covered entity for its response, as well as to any other entity that Commission staff determines may be involved. The covered entity or entities must respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. (4) If a complaint is filed first with the covered entity, the covered entity must respond in writing to the complainant within 30 days after receipt of a complaint. If the covered entity fails to respond to the complainant within 30 days, or the response does not satisfy the consumer, the complainant may file the complaint with the Commission within 30 days after the time allotted for the covered entity to respond. If the consumer subsequently files the complaint with the Commission (after filing with the covered entity) and the complaint satisfies the above requirements in paragraph 2 of this section, the Commission will forward the complaint to the named covered entity for its response, as well as to any other entity that Commission staff determines may be involved. The covered entity must then respond in writing to the Commission and the complainant within 30 days after receipt of the complaint from the Commission. (5) In response to a complaint, the covered entity must file with the Commission sufficient records and documentation to prove that it was (and remains) in compliance with the Commission's rules. Conclusory or insufficiently supported assertions of compliance will not carry the covered entity's burden of proof. If the covered entity admits that it was not, or is not, in compliance with the Commission's rules, it must file with the Commission sufficient records and documentation to explain the reasons for its noncompliance, show what remedial steps it has taken or will take, and show why such steps have been or will be sufficient to remediate the problem. (6) The Commission will review all relevant information provided by the complainant and the covered entity, as well as any additional information the Commission deems relevant from its files or public sources. The Commission may request additional information from any relevant parties when, in the estimation of Commission staff, such information is needed to investigate the complaint or adjudicate potential violations of Commission rules. When the Commission requests additional information, parties to which such requests are addressed must provide the requested information in the manner and within the time period the Commission specifies. (7) If the Commission finds that a covered entity has violated the requirements of §§ 79.107, 79.108, or 79.109, it may employ the full range of sanctions and remedies available under the Communications Act of 1934, as amended, against any or all of the violators. (b) Contact information.

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