Selected FCC Exemption Requests – Faith-Based Organizations

Selected FCC Exemption Requests

(Compiled by Cheryl Heppner 10/1/06)

Below are summaries of five requests by faith-based organizations who wanted their TV programs to be exempt from captioning. They give you an idea of what I found in the public files at the Federal Communications Commission. Keep in mind that the Telecommunications Act passed in 1996 and all organizations receiving exemptions have had years to prepare to meet their closed captioning obligations, with January 1, 2006 being the deadline. Also, we have learned of captioning options such as a company that has said it will not turn down captioning for a faith-based organizations due to cost, but will work with them on an acceptable fee.

#0001 Curtis Baptist Church, Atlanta, GA – granted exemption

A letter from Tom Lowry, Associate Pastor for Missions and Media, dated October 5, 2005 requests an exemption from the closed captioning rules as a locally produced and distributed non-news program with no news value, and says ‘electronic news room’ technique of captioning is unavailable.

The church’s service is telecast at 11 am on ABC affiliate WJBF with a 1-week tape delay, and by a low power station, WBEK. Both telecasts are also picked up by local cable systems. The church said in its letter, “We were hoping to soon return to a live broadcast.”

The church estimates the cost to send its program to an outside source for captioning would range from $250-$500 a show. They also looked at a “quality voice recognition captioning system” which they said costs $10,000 to $15,000, and then relying on trained volunteers to caption each weekly telecast, but said “this cost is also prohibitive.”

If required to caption, they state “Curtis Baptist Church could possibly end broadcast history of almost 25 years in this local market.”

Included with their letter is an attachment that consists of a 2006 Budget Worksheet, showing their total budget for the current year of $2,017,334.14 and a proposed FY 2006 total budget expenditure of $2,033,014.64.

#0042 United Methodist Hour, Hattiesburg, MS – granted exemption

Rev. Eddie Rester sent a letter May 6, 2006 to Amelia Brown of the FCC saying, “On June 4, 2006 The United Methodist Hour, Inc. began captioning our weekly programming in order to come into compliance with FCC regulations regarding closed captioning. Therefore, we wish to dismiss our petition seeking exemption from closed captioning requirements.”

The FCC issued a Public Notice on 6/14/06 dismissing the petition. Yet two letters granting exemption for undue burden were in the file. Both were signed by Thomas E. Chandler, Chief of the Disability Rights Office in the file. They are identical except for three items. One is undated, addressed to United Methodist Hour of Mississippi and mentions that the petition was placed on Public Notice. The other is dated September 22, 2006, addressed to Rev. Eddie Rester, and makes no mention of the Public Notice.

#0057 St. John Missionary Baptist Church, Bakersfield, CA – granted exemption

A letter from Dr. Tyree Toliver, Pastor, dated December 13, 2005 is the only item found in the file. It says in its entirety:

“I am writing this letter in reference to our Television Ministry, The Voice of Triumph. We are aired on Sunday Morning, Channel 23, Bakersfield, California. We are a non-profit Christian organization, ID #95-2947896.
Our Television program has been on since 1986 and the closed captioning cost would cause an undue burden and hardship to our church at this time. Our church is funded through tithes and offerings only; all labor has been donated with exception of two producers that are given a small love donation.

We are praying that you will review our request and render to us a full exemption from the closed captioning requirements.”

#0059 Whitesburg Baptist Church, Huntsville, AL – granted exemption

The file contains a response dated February 2, 2006 (but not stamped by FCC mailroom until 2/21/06) by Dr. Jimmy Jackson, Pastor, to letter from Amelia Brown of the FCC’s Disability Rights Office on 1/25/06 with evidence to support their petition for exemption.

In this letter, the church estimates a cost of $500/week for captioning and shipping. It says its program has been aired for over 20 years and that the church is “running a -$110,000 differential”.

“The new law has brought to our attention the need for our broadcast to be closed captioned. Therefore, we are committed to our broadcast being closed captioned in the next 11 months. What we are asking for is an exemption until next January. Our fiscal year begins in October, which will give us time to budget for the purchase of our own equipment. We would like the months of November and December to learn the equipment and work out any glitches, then start broadcasting our captioned services in January 2007.”

The budget attachment shows a grand total of receipts YTD of $3,497,250.39.

#0068 Unitarian Universalist Church, Rockford, IL – granted exemption

A letter requesting exemption was signed by Rev. David Weissbard and dated Dec. 20, 2005. The church was founded in 1841 and has 430 members. Its half hour TV program, Fusion, has been broadcast on WIFR for 25 years. “It has a loyal audience of some 4-5,000 households in our viewing area,” the letter said. Studio air time costs $450/week and there are additional costs for the videotapes and expenses of guests.

The church said the total cost of Fusion is about $25,000 per year, paid in part by a $10,000 endowment and about $2,000 from viewer donations. The total operating budget for church is $470,000.

Rev. Weissbard wrote, “The church is entirely sympathetic to the reasons for the closed-captioning rule and the programs featuring sermons by our minister or his guests are scripted and have been voluntarily closed captioned for some time. It is the programs featuring interviews and panel discussions that it would be an extraordinary burden to close caption in that they are not scripted.”

The church did an Internet search and found captioning quotes of about $300 per half hour. It had 24 interview programs this past year, which would increase their cost by $7,000 for captioning, “which is beyond our means.”

“The result would be that we would have to cease producing the interview programs that address community issues,” the letter says, “and this would be a serious loss to us and to the community.”

Included with the letter was a list of Fusion programs and a report on the Fusion Fund that shows 2004-5 income of $27,767 and expenses of $24,111.

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©2006 by Northern Virginia Resource Center for Deaf and Hard of Hearing Persons (NVRC), 3951 Pender Drive, Suite 130, Fairfax, VA 22030; www.nvrc.org Items in this newsletter are provided for information purposes only; NVRC does not endorse products or services. You do not need permission to share this information, but please be sure to credit NVRC. This news service is free of charge, but donations are greatly appreciated. To subscribe, unsubscribe, change your email address, or report a problem receiving the news, send an email to [email protected]

Cheryl A. Heppner, Executive Director
Northern Virginia Resource Center for Deaf and Hard of Hearing Persons
3951 Pender Drive, Suite 130
Fairfax, VA 22030
www.nvrc.org

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