Selected FCC Exemption Requests #3
Compiled by Cheryl Heppner 10/1/06
NOTE: In case you’ve missed this information in our previous reports, all the exemptions from closed captioning that have been granted by the FCC in response to these selected exemption requests were permanent exemptions
#0131 Faith Builders International Ministry, Beloit, WI – granted exemption
A letter from Dude Frank, Producer, dated December 29, 2005 said that the ministry has a television program that airs weekdays “in our local market”.
The letter said, “As we continue to grow and the funding becomes available, we will have no problem providing this service.” It requested an exemption under: captioning expense in excess of 2% of gross revenues, channels producing revenues of under $3,000,000.
#0133 Cornerstone Christian Church, Sparks, GA – granted exemption
A letter dated December 28, 2005 from Justin Young, Executive Pastor (but unsigned) requested exemption from captioning for undue burden due to gross budget under $3 million.
Pastor Young wrote:
“As we are a ministry and reaching people is our main goal. We do fully intend to be sensitive to the needs of the hearing impaired and it is our desire that as our ministry attains the finances to support such an endeavor that we begin closed captioning at that time. We are currently a small media ministry reaching small markets in South Georgia through three local television stations and do not have thousands of extra dollars needed to buy the necessary equipment or outsource such a task.”
An attached balance statement for the period ended November 30, 2005 shows that they had taken in $1,118,359.60 in revenues to date, of which $1,116,217 was in titles and offerings.
Also in this file was a March 16, 2006 letter from Tom W. Thomas, Sr. of The Thomas Law Firm which contains affidavits sent to Amelia Brown of the FCC’s Disability Rights Office, in response to a letter she sent February 14, 2006 requesting information about nature of the costs, reasonable alternatives, an affidavit. The letter from Ms. Brown also pointed out that the $3 million general revenue exemption does not appear to apply.
An affidavit signed by Pastor Dell Young says they are a 15 year old church with 280 members. It says that costs associated with missionaries, TV, radio, benevolence, prison and rehabilitation totaled $99,800 in 2005 and that the TV ministry is on three TV stations – in Savannah, Albany and Valdosta. The affidavit said, “We don’t offer closed caption because the cost would be an undue economic burden. However, we do utilize lower thirds on screens throughout the show emphasizing scripture references, as well as contact information and main points throughout the broadcast. Our commercials are also very text heavy, which allows the hearing impaired to be able to comprehend the products, special events, etc. that we offer.”
An affidavit signed by Timothy Pecoraro, president and CEO of Peculiar Productions, says that his company does the television editing and production for Cornerstone and the current cost per week for the production is $320. The cost for the closed captioning would be $310 per week for a total of $16,120 per year.
#0134 Catholic Diocese of Grand Rapids, Grand Rapids, MI – granted exemption
A letter from Mary Haaman, Director of Communications, dated December 28, 2005 said that they air a weekly 1-hour Catholic Mass on WXMI FOX 17, unscripted, which originates and is broadcast only to the Grand Rapids, MI market.
Funding for the air time comes from an annual appeal to parishioners and costs $2,700 per week ($140,400/year). Volunteers donate their time and expertise to produce the program. “Closed captioning would create a budgeted loss of $4940,” the letter said. They are investigating moving the program to a different station and negotiating a lower program rate to help cover the costs of captioning but have been unable to get a similar Sunday @10 am slot. They are also concerned that a 4-7 second delay caused by closed captioning will impede the important flow of the mass, and the potential for error that occur during translation ‘because many aspects of the Mass would not translate verbatim”.
The letter also states:
“The Diocese understands that any exemption granted by the FCC is intended to be a temporary exemption. The Diocese will continue to pursue options for suitable air time at a rate that includes Captioning service, does not exceed our current budget capacity, and addresses our translation and delay concerns.”
#0144 Dawson Memorial Baptist Church, Birmingham, AL – exemption granted
A letter dated April 3, 2006 requested an undue burden exemption. The church said, however, “Despite its enormous cost to charities and non-profit organizations, Dawson believes in the FCC’s underlying premise that all programs should be closed captioned so that the hearing-impaired may have adequate access to such programs. As a reasonable alternative or substitute…Dawson is currently exploring less-expensive options for the hearing impaired, including publishing weekly sermons in a weekly bulletin and providing a sign language translator to sign each service and television broadcast.”
They are also exploring providing videotaped versions of the services with closed captioning on request, which they say would cost significantly less.
The letter also states, “Dawson is prepared to follow a pre-subscribed path to compliance with the FCC’s rules, should it be granted a temporary waiver of these costly requirements. While the Church is looking to provide substitute services in the interim while enough funds are raised to provide closed captioning services by 2008, it is committed to providing closed captioning services in advance of that deadline should such funds become available.”
The file contains an undated 1-page letter to Amelia Brown regarding a letter she sent that referred to detailed information and documentation regarding financial status. The church responded, “As you will see on the Media Ministry Budget enclosed all funds are allocated and spent each year in five total categories. The Media Ministry does not receive any additional funding through donations or sales. It would be a significant undertaking to find the financial resources for providing closed captioning.”
Broadcasts of the church’s 1-hour weekly program are aired on a one week delay on CBS 42 in Birmingham. The weekly cost of captioning is estimated by Infinity Concepts Closed Captioning Services at $735 ($38,220/yr.) – 50% higher because they would need services completed in 48 hours. CaptionMax estimated $32500 and Video Programming and Captioning in Rockville, MD estimated $27,3000.
The attachments show a budget of $191,500 for broadcasting in 2006. They pay CBS WIAT 42 $168,500. There’s another attachment that shows their 2006 mission and ministry budget, with $1,225,389 going to missions (which includes $188,930 for the television ministry); $701,799 for finance and stewardship; $201,500 for food service ministry; $1,386,500 for facilities, maintenance and equipment; $606,158 for education, recreation and music; $2,520,096 for personnel; $590,000 for church program support – a total of $7,231,442 proposed for 2006.
#0146 Faith Clinic Christian Center Church, Amarillo, TX – granted exemption
A letter dated December 28, 2006 from Dr. Les A. Simpson, Sr. Pastor says the church produces a 30-minute weekly program airing on 3 stations 5 times a week. It has been on the air for only 13 months.
The letter says, “It is our desire and intention to acquire Closed Captioning equipment so that we can properly minister to the needs of all the viewers in this area. To accomplish this objective we ask that the FCC give us an allotted time to acquire the necessary equipment and funding. Therefore, we respectfully ask the FCC for a 3 year grace period to become ‘Closed Caption compliant.’ The Closed Caption expense estimated to be at $46,800 would impose an undue burden on us at this time.”
#0149 First United Methodist Church, Shreveport, LA – granted exemption
A letter from S. Jay Sawyer, Business Adminstrator dated December 29, 2005 requested exemption from closed captioning. The letter says the organization has a total budget of $2,558,753 in 2004; the television ministry costs $120,000.
The church looked at voice recognition to generate captions, but didn’t like the accuracy. The letter said they couldn’t find court stenos willing to accept “well-paid Sunday employment [$40/hr], willing to add/learn the clerical/theological words required.” Another local church got quotes for captioning – CaptionMax $180/hr for realtime, Aberdeen $135/hr. The letter says the church is reluctant to select these firms because “the validity and reliability of these firms are highly suspect and unproven.”
The letter also says, “We are currently offering alternatives to closed captioning…hearing enhancement devices during church services.”
An affidavit that accompanies the letter mentions the burden of their support for hurricane survivors last year.
The file also has a second letter dated May 2, 2006 was sent to Amelia Brown with additional documentation, and an affidavit in response to a letter requesting these items dated February 13, 2006.
#0153 Porterfield United Methodist Church, Albany, GA – granted exemption
A letter (undated) from Mark Davis, Media Manager, was stamped by FCC mailroom December 30, 2005. It contains just one paragraph that rquests exemption based on undue burden for 30-minute weekly worship service on WALB TV in Albany, GA.
“Our church does not have the resources to encode our program with closed captioning and will not because of the current cost of equipping for this feature. At this point I have been informed that WALB does not have the capability to broadcast our program with the closed captioning feature but is looking for a quick solution.”
#0160 Christian Worship Hour, Aberdeen, SD – granted exemption
A petition by William O. Edward, President and notarized by Elaine Scherbenski, was submitted December 28, 2005. The organization has no full time employees but one paid staff member works 10 hours/week. The petition says their income entirely from television viewer contributions and other supporters. The weekly broadcast expenses are $5,000; the 2004 income was $273,055 in gifts and there were expenses of $279,687. The petition includes the organization’s 990 form.
An excerpt from the petition:
“Petitioner is committed to providing closed captioning services for its viewers and has begin taking steps to implement closed captioning as follows:
a. Petitioner is already displaying lyrics to the hymns and worship songs used during the First Baptist worship service;
b. When the pastor makes references in his sermon to scripture passages, the test of those scripture passages is also displayed;
c. Petitioner has recently solicited bids from entities capable of helping Petitioner develop closed captioning for its programs. Attached is summary of proposals from two providers, Closed Caption Productions, and Computer Prompting and Captioning Co.’
d. Petitioner has approached the flagship station of the broadcast services, KSFY of Sioux Falls, South Dakota, and asked the station to provide financial and technical assistance for closed captioning. The station is able to provide only limited assistance.”
The organization requested a 12-month waiver to obtain more information and secure a contract. “Petitioner anticipates that the cost of closed captioning will present an financial burden, but it is committed to raising the resources necessary to do so. It is imperative to the organization’s existence and purpose that a temporary waiver be granted so that broadcast services are not interrupted as of January 1, 2006.”
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