1、771 Federal Communications Commission 79.1 U Unattended operation 78.53 V-Z Reserved 50 FR 38537, Sept. 23, 1985, as amended at 63 FR 36606, July 7, 1998 PART 79CLOSED CAPTIONING AND VIDEO DESCRIPTION OF VIDEO PROGRAMMING Sec. 79.1 Closed captioning of video program-ming. 79.2 Accessibility of progr
2、amming providing emergency information. 79.3 Video description of video program-ming. AUTHORITY: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 613. SOURCE: 62 FR 48493, Sept. 16, 1997, unless otherwise noted. 79.1 Closed captioning of video pro-gramming. (a) Definitions. For purposes of this se
3、ction the following definitions shall apply: (1) Video programming. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station that is distributed and exhibited for residen-tial use. Video programming includes advertisements of more than fi
4、ve min-utes in duration but does not include advertisements of five minutes dura-tion or less. (2) Video programming distributor. Any television broadcast station licensed by the Commission and any multi-channel video programming distributor as defined in 76.1000(e) of this chapter, and any other di
5、stributor of video pro-gramming for residential reception that delivers such programming di-rectly to the home and is subject to the jurisdiction of the Commission. An en-tity contracting for program distribu-tion over a video programming dis-tributor that is itself exempt from cap-tioning that prog
6、ramming pursuant to paragraph (e)(9) of this section shall itself be treated as a video program-ming distributor for purposes of this section To the extent such video pro-gramming is not otherwise exempt from captioning, the entity that con-tracts for its distribution shall be re-quired to comply wi
7、th the closed cap-tioning requirements of this section. (3) Video programming provider. Any video programming distributor and any other entity that provides video pro-gramming that is intended for distribu-tion to residential households includ-ing, but not limited to broadcast or nonbroadcast televi
8、sion network and the owners of such programming. (4) Closed captioning. The visual dis-play of the audio portion of video pro-gramming pursuant to the technical specifications set forth in part 15 of this chapter. (5) New programming. Video program-ming that is first published or exhib-ited on or af
9、ter January 1, 1998. (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) Pre-rule programming. (i) Analog video programming that was first pub-lished or exhibi
10、ted before January 1, 1998. (ii) Digital video programming that was first published or exhibited before July 1, 2002. (7) Nonexempt programming. Video pro-gramming that is not exempt under paragraph (d) of this section and, ac-cordingly, is subject to closed cap-tioning requirements set forth in thi
11、s section. (b) Requirements for closed captioning of video programming(1) Requirements for new English language programming. Video programming distributors must provide closed captioning for non-exempt video programming that is being distributed and exhibited on each channel during each calendar qua
12、rter in accordance with the following re-quirements: (i) Between January 1, 2000, and De-cember 31, 2001, a video programming distributor shall provide at least 450 hours of captioned video programming or all of its new nonexempt video pro-gramming must be provided with cap-tions, whichever is less;
13、 (ii) Between January 1, 2002, and De-cember 31, 2003, a video programming distributor shall provide at least 900 hours of captioned video programming VerDate Mar2010 10:45 Nov 16, 2010 Jkt 220203 PO 00000 Frm 00781 Fmt 8010 Sfmt 8010 Y:SGML220203.XXX 220203WReier-Aviles on DSKGBLS3C1PROD with CFRPr
14、ovided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-772 47 CFR Ch. I (10110 Edition) 79.1 or all of its new nonexempt video pro-gramming must be provided with cap-tions, whichever is less; (iii) Between January 1, 2004, and De-cember 31, 2005, a video prog
15、ramming distributor shall provide at least an av-erage of 1350 hours of captioned video programming or all of its new non-exempt video programming must be provided with captions, whichever is less; and (iv) As of January 1, 2006, and there-after, 100% of the programming dis-tributors new nonexempt v
16、ideo pro-gramming must be provided with cap-tions. (2) Requirements for pre-rule English language programming. (i) After Janu-ary 1, 2003, 30% of the programming distributors pre-rule nonexempt video programming being distributed and ex-hibited on each channel during each calendar quarter must be pr
17、ovided with closed captioning. (ii) As of January 1, 2008, and there-after, 75% of the programming dis-tributors pre-rule nonexempt video programming being distributed and ex-hibited on each channel during each calendar quarter must be provided with closed captioning. (3) Requirements for new Spanis
18、h lan-guage programming. Video programming distributors must provide closed cap-tioning for nonexempt Spanish lan-guage video programming that is being distributed and exhibited on each chan-nel during each calendar quarter in ac-cordance with the following require-ments: (i) Between January 1, 2001
19、, and De-cember 31, 2003, a video programming distributor shall provide at least 450 hours of captioned Spanish language video programming or all of its new nonexempt Spanish language video programming must be provided with captions, whichever is less; (ii) Between January 1, 2004, and De-cember 31,
20、 2006, a video programming distributor shall provide at least 900 hours of captioned Spanish language video programming or all of its new nonexempt Spanish language video programming must be provided with captions, whichever is less; (iii) Between January 1, 2007, and De-cember 31, 2009, a video pro
21、gramming distributor shall provide at least an av-erage of 1350 hours of captioned Span-ish language video programming or all of its new nonexempt Spanish language video programming must be provided with captions, whichever is less; and (iv) As of January 1, 2010, and there-after, 100% of the progra
22、mming dis-tributors new nonexempt Spanish lan-guage video programming must be pro-vided with captions. (4) Requirements for Spanish language pre-rule programming. (i) After January 1, 2005, 30% of the programming dis-tributors pre-rule nonexempt Spanish language video programming being dis-tributed
23、and exhibited on each channel during each calendar quarter must be provided with closed captioning. (ii) As of January 1, 2012, and there-after, 75% of the programming dis-tributors pre-rule nonexempt Spanish language video programming being dis-tributed and exhibited on each channel during each cal
24、endar quarter must be provided with closed captioning. (5) 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 caption
25、ing exceeds the requirements otherwise set forth in this section. (c) Obligation to pass through captions of already captioned programs. All video programming distributors shall deliver all programming received from the video programming owner or other origination source containing closed captioning
26、 to receiving television households with the original closed captioning data intact in a format that can be recovered and displayed by de-coders meeting the standards of part 15 of this chapter unless such program-ming is recaptioned or the captions are reformatted by the programming dis-tributor. (
27、d) Exempt programs and providers. For purposes of determining compliance with this section, any video program-ming or video programming provider that meets one or more of the fol-lowing criteria shall be exempt to the extent specified in this paragraph. VerDate Mar2010 10:45 Nov 16, 2010 Jkt 220203
28、PO 00000 Frm 00782 Fmt 8010 Sfmt 8010 Y:SGML220203.XXX 220203WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-773 Federal Communications Commission 79.1 (1) Programming subject to contractual captioning restrict
29、ions. Video program-ming that is subject to a contract in ef-fect on or before February 8, 1996, but not any extension or renewal of such contract, for which an obligation to provide closed captioning would con-stitute a breach of contract. (2) Video programming or video pro-gramming provider for wh
30、ich the cap-tioning requirement has been waived. Any video programming or video program-ming provider for which the Commis-sion has determined that a require-ment for closed captioning imposes an undue burden on the basis of a petition for exemption filed in accordance with the procedures specified
31、in paragraph (f) of this section. (3) Programming other than English or Spanish language. All programming for which the audio is in a language other than English or Spanish, except that scripted programming that can be cap-tioned using the electronic news room technique is not exempt. (4) Primarily
32、textual programming. Video programming or portions of video programming for which the con-tent of the soundtrack is displayed vis-ually through text or graphics (e.g., program schedule channels or commu-nity bulletin boards). (5) Programming distributed in the late night hours. Programming that is b
33、eing distributed to residential households between 2 a.m. and 6 a.m. local time. Video programming distributors pro-viding a channel that consists of a service that is distributed and exhib-ited for viewing in more than a single time zone shall be exempt from closed captioning that service for any c
34、ontin-uous 4 hour time period they may se-lect, commencing not earlier than 12 a.m. local time and ending not later than 7 a.m. local time in any location where that service is intended for view-ing. This exemption is to be deter-mined based on the primary reception locations and remains applicable
35、even if the transmission is accessible and distributed or exhibited in other time zones on a secondary basis. Video pro-gramming distributors providing serv-ice outside of the 48 contiguous states may treat as exempt programming that is exempt under this paragraph when distributed in the contiguous
36、states. (6) Interstitials, promotional announce-ments and public service announcements. Interstitial material, promotional an-nouncements, and public service an-nouncements that are 10 minutes or less in duration. (7) EBS programming. Video program-ming transmitted by an Educational Broadband Servic
37、e licensee pursuant to part 27 of this chapter. (8) Locally produced and distributed non-news programming with no repeat value. Programming that is locally pro-duced by the video programming dis-tributor, has no repeat value, is of local public interest, is not news pro-gramming, and for which the e
38、lec-tronic news room technique of cap-tioning is unavailable. (9) Programming on new networks. Pro-gramming on a video programming network for the first four years after it begins operation, except that program-ming on a video programming network that was in operation less than four (4) years on Jan
39、uary 1, 1998 is exempt until January 1, 2002. (10) Primarily non-vocal musical pro-gramming. Programming that consists primarily of non-vocal music. (11) Captioning expense in excess of 2 percent of gross revenues. No video pro-gramming provider shall be required to expend any money to caption any v
40、ideo programming if such expenditure would exceed 2 percent of the gross rev-enues received from that channel dur-ing the previous calendar year. (12) Channels producing revenues of under $3,000,000. No video programming provider shall be required to expend any money to caption any channel of video
41、programming producing annual gross revenues of less than $3,000,000 during the previous calendar year other than the obligation to pass through video programming already captioned when received pursuant to paragraph (c) of this section. (13) Locally produced educational pro-gramming. Instructional p
42、rogramming that is locally produced by public tele-vision stations for use in grades K12 and post secondary schools. (e) Responsibility for and determination of compliance. (1) Compliance shall be VerDate Mar2010 10:45 Nov 16, 2010 Jkt 220203 PO 00000 Frm 00783 Fmt 8010 Sfmt 8010 Y:SGML220203.XXX 22
43、0203WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-774 47 CFR Ch. I (10110 Edition) 79.1 calculated on a per channel, calendar quarter basis; (2) Open captioning or subtitles in the language of the target audi
44、ence may be used in lieu of closed cap-tioning; (3) Live programming or repeats of programming originally transmitted live that are captioned using the so- called electronic newsroom tech-nique will be considered captioned, except that effective January 1, 2000, and thereafter, the major national br
45、oadcast television networks (i.e., ABC, CBS, Fox and NBC), affiliates of these networks in the top 25 television markets as defined by Nielsens Des-ignated Market Areas (DMAs) and na-tional nonbroadcast networks serving at least 50% of all homes subscribing to multichannel video programming serv-ice
46、s shall not count electronic news-room captioned programming towards compliance with these rules. The live portions of noncommercial broad-casters fundraising activities that use automated software to create a contin-uous captioned message will be consid-ered captioned; (4) Compliance will be requir
47、ed with respect to the type of video program-ming generally distributed to residen-tial households. Programming pro-duced solely for closed circuit or pri-vate distribution is not covered by these rules; (5) Video programming that is ex-empt pursuant to paragraph (d) of this section that contains ca
48、ptions, except video programming exempt pursuant to paragraph (d)(5) of this section (late night hours exemption), can count to-wards the compliance with the require-ments for new programming prior to January 1, 2006. Video programming that is exempt pursuant to paragraph (d) of this section that co
49、ntains cap-tions, except that video programming exempt pursuant to paragraph (d)(5) of this section (late night hours exemp-tion), can count towards compliance with the requirements for pre-rule pro-gramming. (6) For purposes of paragraph (d)(11) of this section, captioning expenses in-clude direct expenditures for cap-tioning as well as allowable costs spe-cifically allocated by a programming supplier through the price of the video programming to that video p
