********************************************************    
                         NOTICE
********************************************************

This document was converted from
WordPerfect to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.

*****************************************************************
                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In the Matter of                     )
                                     )
Closed Captioning and Video Description)
of Video Programming                 )
                                     )     MM Docket No. 95-176
Implementation of Section 305 of the )
Telecommunications Act of 1996       )
                                     )
Video Programming Accessibility      )


                                  ORDER
                                    
 Adopted:  December 23, 1997                       Released:  December 24, 1997  

By the Acting Chief, Cable Services Bureau:

  1.    By this Order, the Commission denies a Petition for Immediate Stay ("Petition") filed by
NIMA International ("NIMA") on October 16, 1997.  The Petition requests that the Commission stay the
application of its rules pertaining to the closed captioning of "long-form" advertising.  NIMA requests
that the stay become effective immediately pending the Commission's ruling on NIMA's Petition for
Reconsideration of the closed captioning rules, which was filed simultaneously with the Petition.  No
oppositions to the Petition were filed.

  2.    Section 713(b) of the Communications Act of 1934, as amended, requires the Commission
to establish rules and regulations necessary to ensure that video programming is made accessible to
persons with hearing disabilities through closed captioning.  On August 7, 1997, the Commission
adopted a Report and Order to implement Section 713.   The Report and Order includes timetables for
the transition to mandatory captioning and provides exemptions for certain specific classes of
programming, as well as a general revenue-based exemption.  Under the new rules, video program
providers must gradually increase the amount of closed captioning provided on programs distributed after
January 1, 1998, with captioning benchmarks to be met every two years, and with 95% of such
programming to be captioned as of January 1, 2006.  The rules also exempt specific categories of
programming from the captioning requirements, but infomercials are not included among the exempt
classes of programming. 

  3.    NIMA states that, in the absence of a stay, the Commission's rules will force infomercial
advertisers to caption all of their programs as of January 1, 1998 and, thus, cause these advertisers to
suffer irreparable harm.  NIMA explains that infomercials are distributed on many channels and produce
income for the advertisers through sales to consumers.  NIMA contends that although some channels will
qualify for exemption from the closed captioning requirements based on the general revenue exemption,
it will not be feasible for infomercial providers to determine whether a program provider is exempt from
captioning obligations.  According to NIMA, infomercial advertisers will have no means to ascertain
whether any individual infomercial may be exempt from the captioning requirements, and therefore may
be forced to caption all of their infomercial programming as of January 1, 1998. 

  4.    We conclude that a stay of the rules is not necessary to prevent irreparable harm to
infomercial advertisers during our review of the issues raised by NIMA on reconsideration.  Effective
January 1, 1998, video programming distributors are required to provide substantially the same amount
of closed captioning that they offered in the first half of 1997, and pass through existing captions on
programs they distribute.  The first benchmark that video program providers must meet during the eight-
year transition period for closed captioning of new non-exempt programming takes effect in the first
calendar quarter of 2000.  Thus, our rules provide for a gradual increase in the level of captioning and
do not require that infomercial advertisers caption all of their programs as of January 1, 1998.  The issues
NIMA raises as grounds for a stay will be addressed by the Commission on reconsideration.  NIMA has
not met its burden for showing that a stay of the Commission's rules is warranted in this case. 


  5.    Accordingly, IT IS ORDERED pursuant to Sections 4(i), 4(j) and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j) and 303(r), that the petition of
NIMA International for an Immediate Stay pending reconsideration IS DENIED.

  6.    This action is taken pursuant to delegated authority under Section 0.321 of the
Commission's rules, as amended.

        FEDERAL COMMUNICATIONS COMMISSION



        William H. Johnson
        Acting Chief, Cable Services Bureau