Before the Federal Communications Commission Washington, D.C. 20554 ) ) Closed Captioning and Video Description) of Video Programming ) ) Implementation of Section 305 of the) Telecommunications Act of 1996 ) ) Video Programming Accessibility ) ) ) ) ) ) ORDER Adopted: June 8, 1999 Released: June 10, 1999 By the Managing Director: 1. By this order, we correct the language of 47 C.F.R.  79.1, the Commission's closed captioning rule. Subsection 79.1(e)(3) deals with the acceptability of using a method of captioning referred to in the rule as the: "so-called 'electronic newsroom' or ENR technique." The Commission intended by this term to refer to a generic captioning methodology that generates captions using the output of news script computer or teleprompter systems. See Closed Captioning and Video Description of Video Programming, 13 FCC Rcd 19973, 19989  32 (1998). While it appears that the terms "electronic newsroom" and "electronic newsroom captioning" are indeed generic terms, it has come to our attention that the rule's reference to "ENR" may be confused with the term "ENR" used by Comprompter, Inc. of La Crosse, Wisconsin as the trademark for one of its products. To eliminate any possible confusion, we will amend the rule accordingly. 2. ACCORDINGLY, IT IS ORDERED, Pursuant to the authority delegated under 47 C.F.R. 0.231(b), 47 C.F.R. Part 79 IS AMENDED as set forth below effective on publication in the Federal Register. Andrew S. Fishel Managing Director APPENDIX Rule Change Part 79 of the Code of Federal regulations is amended as follows: PART 79 -- CLOSED CAPTIONING OF VIDEO PROGRAMMING 1. The authority citation for Part 79 continues to read as follows: AUTHORITY: 47 U.S.C. 613. 2. Section 79.1 is revised to read as follows:  79.1 Closed captioning of video programming. ***** (e)*** ***** (3) Live programming or repeats of programming originally transmitted live that are captioned using the so-called "electronic newsroom technique" will be considered captioned, except that effective January 1, 2000, and thereafter, the major national broadcast television networks (i.e., ABC, CBS, Fox and NBC), affiliates of these networks in the top 25 television markets as defined by Nielsen's Designated Market Areas (DMAs) and national nonbroadcast networks serving at least 50% of all homes subscribing to multichannel video programming services shall not count electronic newsroom captioned programming towards compliance with these rules. The live portions of noncommercial broadcasters' fundraising activities that use automated software to create a continuous captioned message will be considered captioned;