47 U.S.C. § 613 : US Code - Section 613: Video programming accessibility

Search 47 U.S.C. § 613 : US Code - Section 613: Video programming accessibility

(a) Commission inquiry
Within 180 days after February 8, 1996, the Federal
Communications Commission shall complete an inquiry to ascertain
the level at which video programming is closed captioned. Such
inquiry shall examine the extent to which existing or previously
published programming is closed captioned, the size of the video
programming provider or programming owner providing closed
captioning, the size of the market served, the relative audience
shares achieved, or any other related factors. The Commission shall
submit to the Congress a report on the results of such inquiry.
(b) Accountability criteria
Within 18 months after February 8, 1996, the Commission shall
prescribe such regulations as are necessary to implement this
section. Such regulations shall ensure that -
(1) video programming first published or exhibited after the
effective date of such regulations is fully accessible through
the provision of closed captions, except as provided in
subsection (d) of this section; and
(2) video programming providers or owners maximize the
accessibility of video programming first published or exhibited
prior to the effective date of such regulations through the
provision of closed captions, except as provided in subsection
(d) of this section.
(c) Deadlines for captioning
Such regulations shall include an appropriate schedule of
deadlines for the provision of closed captioning of video
programming.
(d) Exemptions
Notwithstanding subsection (b) of this section -
(1) the Commission may exempt by regulation programs, classes
of programs, or services for which the Commission has determined
that the provision of closed captioning would be economically
burdensome to the provider or owner of such programming;
(2) a provider of video programming or the owner of any program
carried by the provider shall not be obligated to supply closed
captions if such action would be inconsistent with contracts in
effect on February 8, 1996, except that nothing in this section
shall be construed to relieve a video programming provider of its
obligations to provide services required by Federal law; and
(3) a provider of video programming or program owner may
petition the Commission for an exemption from the requirements of
this section, and the Commission may grant such petition upon a
showing that the requirements contained in this section would
result in an undue burden.
(e) Undue burden
The term "undue burden" means significant difficulty or expense.
In determining whether the closed captions necessary to comply with
the requirements of this paragraph would result in an undue
economic burden, the factors to be considered include -
(1) the nature and cost of the closed captions for the
programming;
(2) the impact on the operation of the provider or program
owner;
(3) the financial resources of the provider or program owner;
and
(4) the type of operations of the provider or program owner.
(f) Video descriptions inquiry
Within 6 months after February 8, 1996, the Commission shall
commence an inquiry to examine the use of video descriptions on
video programming in order to ensure the accessibility of video
programming to persons with visual impairments, and report to
Congress on its findings. The Commission's report shall assess
appropriate methods and schedules for phasing video descriptions
into the marketplace, technical and quality standards for video
descriptions, a definition of programming for which video
descriptions would apply, and other technical and legal issues that
the Commission deems appropriate.
(g) Video description
For purposes of this section, "video description" means the
insertion of audio narrated descriptions of a television program's
key visual elements into natural pauses between the program's
dialogue.
(h) Private rights of actions prohibited
Nothing in this section shall be construed to authorize any
private right of action to enforce any requirement of this section
or any regulation thereunder. The Commission shall have exclusive
jurisdiction with respect to any complaint under this section.