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Closed Captioning of Video Programming

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Released: March 13, 2014

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Closed Captioning of Video Programming
)
CG Docket No. 05-231
)
Telecommunications for the Deaf and Hard of
)
Hearing, Inc.
)
Petition for Rulemaking
)
)
)

ERRATUM

Released: March 13, 2014

By the Acting Chief, Consumer and Governmental Affairs Bureau:
On February 24, 2014, the Commission released a Report and Order, Declaratory Ruling, and
Further Notice of Proposed Rulemaking, FCC 14-12, in the above-captioned proceeding. This Erratum
amends the Order as follows:
1.
Paragraphs 179, 180, and 181 are corrected to read as follows:
179.
IT IS FURTHER ORDERED that the rules contained in 47 CFR 79.1(c)(3), (j),
and (k) SHALL BE EFFECTIVE upon publication in the Federal Register of a notice announcing
the approval by the Office of Management and Budget of the modified information collection
requirements under the Paperwork Reduction Act of 19951 and an effective date of the rule
amendment, and such effective date shall be no sooner than January 15, 2015.
180.
IT IS FURTHER ORDERED that the rules contained in 47 CFR 79.1(e)(11)(i)
and (ii) SHALL BE EFFECTIVE 90 days after publication in the Federal Register.
181.
IT IS FURTHER ORDERED that the rules contained in 47 CFR 79.1(e)(11)(iii),
(iv), and (v) SHALL BE EFFECTIVE upon publication in the Federal Register of a notice
announcing the approval by the Office of Management and Budget of the modified information
collection requirements under the Paperwork Reduction Act of 19952 and an effective date of the
rule amendment.
2.
Add paragraph 182 as follows:
182.
IT IS FURTHER ORDERED that the Declaratory Ruling adopted herein shall be
effective upon release.
3.
Appendix B, paragraph 2 is corrected to read as follows:
2.
Amend section 79.1 by revising the section heading and paragraphs (a), (d)(12),
(e)(3), (f)(4) and (7), and (i)(3), by re-designating paragraph (c) as (c)(1), and by adding

1 Pub. L. No. 104-13, 109 Stat. 163 (May 22, 1995), codified at 44 U.S.C. §§ 3501 et seq.
2 Id.

Federal Communications Commission

paragraphs (c)(2), (c)(3), (e)(11), (j) and (k), to read as follows:
4.
In Appendix B, section 79.1, paragraph (c)(2), in the first sentence, replace “all steps”
with “any steps.”
5.
In Appendix B, section 79.1, paragraph (k)(1)(ii)(C) is corrected to read as follows:
(C) Captioning for prerecorded programming. The presumption is that pre-recorded programs,
excluding programs that initially aired with real-time captions, will be captioned offline before air
except when, in the exercise of a programmer’s commercially reasonable judgment,
circumstances require real-time or live display captioning. Examples of commercially reasonable
exceptions may include instances when: (1) a programmer’s production is completed too close to
initial air time be captioned offline or may require editorial changes up to air time (e.g., news
content, reality shows), (2) a program is delivered late, (3) there are technical problems with the
caption file, (4) last minute changes must be made to later network feeds (e.g., when shown in a
later time zone) due to unforeseen circumstances, (5) there are proprietary or confidentiality
considerations, or (6) video programming networks or channels with a high proportion of live or
topical time-sensitive programming, but also some pre-recorded programs, use real-time
captioning for all content (including pre-recorded programs) to allow for immediate captioning of
events or breaking news stories that interrupt scheduled programming. The video programmer
will make reasonable efforts to employ live display captioning instead of real-time captioning for
prerecorded programs if the complete program can be delivered to the caption service provider in
sufficient time prior to airing.
6.
In Appendix D, paragraph 21, in the first sentence, replace “indirectly affected” by
“directly or indirectly affected.”
7.
In Appendix D, paragraph 22, in the first sentence, replace “indirectly affected” by
“directly or indirectly affected.”
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Acting Chief
Consumer and Governmental Affairs Bureau
2

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