{"id":9477,"date":"2010-02-28T04:57:05","date_gmt":"2010-02-28T09:57:05","guid":{"rendered":"http:\/\/deafnetwork.com\/wordpress\/?p=9477"},"modified":"2010-02-28T06:33:05","modified_gmt":"2010-02-28T11:33:05","slug":"fcc-announces-new-closed-captioned-complaint-rules","status":"publish","type":"post","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/2010\/02\/28\/fcc-announces-new-closed-captioned-complaint-rules\/","title":{"rendered":"FCC Announces New Closed Captioned Complaint Rules"},"content":{"rendered":"

Closed Captioning Update: New Complaint Rules Now Effective; Contact
\nInformation Due by March 22, 2010<\/strong><\/p>\n

On Friday, Feb. 19, 2010, two important new closed captioning rules were
\npublished in the Federal Register and went into effect. The new rules
\nrequire immediate attention by video programming distributors — including
\nbroadcast television stations — to ensure that they respond promptly to
\nviewer complaints regarding closed captioning issues, and to ensure that
\nthey timely file contact information with the FCC by March 22, 2010.<\/p>\n

As detailed in Davis Wright Tremaine\u2019s November 2008 advisory and subsequent
\nJanuary 2009 advisory update, the Federal Communications Commission (FCC)
\nadopted a Declaratory Ruling and Order in late 2008 that, among other
\nthings, imposed new requirements on video programming distributors with
\nrespect to fielding inquiries and complaints about closed captioning. While
\nthe implementation of some aspects of those rules was delayed initially,
\nwith Friday’s publication in the Federal Register, two of those are now in
\neffect. The new rules, and the obligations they impose on video programming
\ndistributors, are discussed below.<\/p>\n

Streamlined complaint process<\/strong><\/p>\n

First, the Commission\u2019s earlier Order revised the complaint process for
\ncomplaints involving closed captioning rules, and with the Feb. 19
\npublication in the Federal Register, the new complaint procedures are
\neffective immediately. The revised complaint procedures are as follows:<\/p>\n

* Viewers who believe that a video programming distributor has failed to
\nmeet its captioning obligations may now file a complaint directly with
\neither the FCC or with the program distributor, e.g., cable operator,
\ntelevision broadcaster or DBS provider. (Previously, viewers were required
\nto first file complaints with distributors.)<\/p>\n

* If a complaint is filed with a program distributor, then the distributor
\nmust respond to the viewer complaint in writing within 30 days of receipt.
\nIf a video programming distributor fails to respond to the complainant
\nwithin 30 days, or if the complainant is unsatisfied with the response, the
\nviewer may then file a complaint with the FCC within 30 days.<\/p>\n

* If a complaint is filed directly with the FCC, the FCC will forward the
\ncomplaint to the program distributor, which will be required to respond to
\nthe FCC in writing within 30 days of receipt. (Previously, distributors were
\nrequired to respond to FCC complaints within 15 days.) In responding to a
\ncomplaint, the video programming distributor must provide the Commission
\nwith sufficient records and documentation to demonstrate that it has
\ncomplied with the Commission’s rules.<\/p>\n

* Viewer complaints must be in writing and must be filed within 60 days of
\nthe alleged violation (whereas previously complaints could be filed within
\nthe calendar quarter in which the alleged violation occurred). The complaint
\nalso must state with specificity the alleged Commission rule violated and
\ninclude some evidence of the alleged rule violation.<\/p>\n

New captioning contact requirements<\/strong><\/p>\n

Second, in order to facilitate the ability for viewers to (1) raise
\nimmediate captioning concerns (such as garbled or missing captions), and (2)
\nfile captioning complaints, video programming distributors must publicize
\nappropriate contact information and also provide contact information to the
\nCommission.<\/p>\n

To assist viewers with immediate captioning concerns while they are watching
\na program, video programming distributors must publish a telephone number,
\nfax number and e-mail address for purposes of receiving and responding
\nimmediately to any closed captioning concerns. The revised rules require
\nthat \u201ccustomers using this dedicated contact information must be able to
\nreach someone, either directly or indirectly, who can address the consumer’s
\ncaptioning concerns.\u201d<\/p>\n

Under the new rule, distributors must ensure that any staff reachable
\nthrough this contact information has the capability to immediately respond
\nto and address viewers’ concerns, and in situations where the captioning
\nproblem does not reside with the distributor, the staff person receiving the
\ninquiry should refer the matter appropriately for resolution.<\/p>\n

Distributors are not required to alter their hours when they have staff
\navailable, but if calls are placed when staff is not available, such calls
\nand inquiries must be returned or addressed within 24 hours. The FCC also
\nexpects distributors to take measures to accommodate calls placed through a
\nTelecommunications Relay Service operator.<\/p>\n

In addition, distributors also must separately designate a contact person
\nfor the receipt of written (non-immediate) captioning complaints. This
\ncontact person must have primary responsibility for captioning issues and
\ncompliance with the FCC rules. The contact information must include the
\ncontact person\u2019s name, title\/office, telephone number, fax number, postal
\nmailing address and e-mail address. A distributor\u2019s contact information must
\nbe included on the distributor\u2019s Web site (if it has a Web site), in billing
\ninvoices (if any) and in telephone directories (if the distributor already
\ndirectly advertises or has a paid expanded listing, i.e., more than merely
\nname, number and location in standard font, in a telephone directory).<\/p>\n

The FCC will maintain a list of video programming distributors\u2019 contact
\ninformation for purposes of resolving closed captioning issues. Accordingly,
\ndistributors\u2014including cable systems, broadcast television stations and
\nsatellite television providers\u2014must file their contact information with the
\nFCC by March 22, 2010. Distributors must provide the required contact
\ninformation both for handling immediate concerns and for receiving written
\ncaptioning complaints.<\/p>\n

The best way for video programming distributors to file this information
\nwith the FCC is to visit its Web site and submit the information online. The
\nCommission\u2019s Web site contains a detailed form with step-by-step
\ninstructions. Alternatively, the contact information can be e-mailed
\ndirectly to the FCC\u2019s Disability Rights Office at:
\nCLOSEDCAPTIONING_POC@fcc.gov.<\/p>\n

Video programming distributors must keep their contact information current
\nand update both their Web sites and the Commission\u2019s database within 10
\nbusiness days of any changes.<\/p>\n

Finally, the Commission has stayed the effectiveness of the rule that would
\nrequire video programming distributors to forward closed captioning
\ncomplaints to a third party in certain circumstances. Because of the
\npotential conflict with laws prohibiting the disclosure of personally
\nidentifiable information to third parties, the Commission has stayed the
\nimplementation of this rule until it can review the issue further and
\npotentially issue a notice of proposed rulemaking.<\/p>\n

Source:
\nhttp:\/\/www.broadcastlawblog.com\/2010\/02\/articles\/programming-regulations\/closed-captioning-update-new-complaint-rules-now-effective-contact-information-due-by-march-22-2010\/<\/a><\/p>\n

Additional information:<\/strong><\/p>\n

https:\/\/esupport.fcc.gov\/sform2000\/formC!input.action?form_page=2000C<\/p>\n

http:\/\/www.fcc.gov\/cgb\/consumerfacts\/closedcaption.html<\/a><\/p>\n

http:\/\/esupport.fcc.gov\/complaints.htm?sid=&id=d1e3<\/a><\/p>\n

http:\/\/www.nad.org\/news\/2010\/2\/fcc-announces-new-closed-captioned-complaint-rules<\/a><\/p>\n

http:\/\/www.televisionbroadcast.com\/article\/95370 <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Closed Captioning Update: New Complaint Rules Now Effective; Contact Information Due by March 22, 2010 On Friday, Feb. 19, 2010, two important new closed captioning rules were published in the Federal Register and went into effect. The new rules require…<\/p>\n

Read more →<\/a><\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[2],"tags":[3452,3448,65,1329,1069,3442,1188,3447,3443,3450,3445,3440,342,3451,969,3453,3441,3444,330,468,3449,431,3446],"class_list":["post-9477","post","type-post","status-publish","format-standard","hentry","category-deaf-news","tag-broadcast-television-stations","tag-cable-operator","tag-captioning","tag-captions","tag-cc","tag-closed","tag-closed-captioning","tag-complaint","tag-complaints","tag-dbs-provider","tag-disability-rights-office","tag-emergency-communications","tag-fcc","tag-federal-register","tag-live","tag-new-complaint-rules","tag-programming-regulations","tag-rules","tag-subtitle","tag-television","tag-television-broadcaster","tag-tv","tag-video-programming-distributors"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p752R-2sR","jetpack-related-posts":[{"id":28078,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2014\/07\/27\/new-rules-will-require-captioning-of-certain-online-video-clips-beginning-in-2016\/","url_meta":{"origin":9477,"position":0},"title":"New Rules Will Require Captioning of Certain Online Video Clips Beginning in 2016","author":"Grant Laird Jr","date":"July 27, 2014","format":false,"excerpt":"FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT: July 11, 2014 Janice Wise (202) 418-8165 Email: janice.wise@fcc.gov FCC MOVES TO ENSURE ONLINE VIDEO CLIPS ARE ACCESSIBLE TO AMERICANS WHO ARE DEAF OR HARD OF HEARING New Rules Will Require Captioning of Certain Online Video Clips Beginning in 2016 Washington, D.C. \u2013 The\u2026","rel":"","context":"In "General"","block_context":{"text":"General","link":"https:\/\/deafnetwork.com\/wordpress\/blog\/category\/deaf-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":21270,"url":"https:\/\/deafnetwork.com\/wordpress\/blog\/2012\/12\/31\/fcc-revises-2000c-complaint-form-to-include-ip-captioning\/","url_meta":{"origin":9477,"position":1},"title":"FCC Revises 2000C Complaint Form to Include IP Captioning","author":"Grant Laird Jr","date":"December 31, 2012","format":false,"excerpt":"FCC Revises 2000C Complaint Form to Include IP Captioning TDI wishes to share some news from the Federal Communications Commission (FCC). 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