December 5, 2003 FCC Attn: Secretary's Office Closed Captioning 445 12th Street, S.W. Washington, D.C. 20554 RE: REQUEST FOR EXEMPTION FROM COMMISSION'S CLOSED CAPTIONING RULES Jack F. Ditty MD the owner of "Your Health with Dr. Ditty" respectfully submits this petition requesting exemption from the closed captioning requirements, under Section 79.1 of the Commission's rules, 47 C.F.R. & 79.1. Jack F. Ditty MD believes that the program "Your Health with Dr. Ditty" qualifies for this exemption for the following reasons. Part 79.1 Section (D) Item (8) "Your Health with Dr. Ditty" is locally produced and distributed non- news program with no repeat value. The program is of local public interest, is not a news program, and the "electronic news room" technique of captioning is unavailable. Part 79.1 Section (F) Compliance would impose an undue burden to Jack F. Ditty MD for the following reasons: (1) It would be necessary to send the programs to an outside source for captioning. This would impact meeting airdate deadlines and the added production cost would make production unaffordable. (2) Jack F. Ditty MD would have to discontinue the program "Your Health with Dr. Ditty" and cease broadcast operations. (3) "Your Health with Dr. Ditty" is an informational health program broadcast for the purpose of increasing awareness of health in our community with donated time by the physicians involved. No fees are generated by the program. The sponsorship of the program pays only for the cost of the production and air time. Again I respectfully request that Jack F Ditty MD of "Your Health with Dr. Ditty" be exempted from the closed captioning requirement for the above stated reasons. I may be reached at: Jack F. Ditty MD PSC 100 St. Christopher Dr. Ashland, Kentucky 41101 Phone 606 836-3111 Fax 606 833-5660 Email jackdittymd@adelphia.net /s/ Jack F. Ditty MD