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Request for Exemption from Commission's Closed Captioning Rules

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Released: July 5, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322


DA 12-1081

Released: July 5, 2012

REQUEST FOR COMMENT

REQUEST FOR EXEMPTION FROM COMMISSION’S CLOSED CAPTIONING RULES

CG Docket No. 06-181

Several entities have filed petitions for exemption from the closed captioning requirements, pursuant to
Section 79.1 of the Commission’s rules, 47 C.F.R. § 79.1, for the television programs they produce.1
Petitioners claim that compliance would impose an “undue economic burden,” as defined in Section 79.1(f) of
the Commission’s rules, 47 C.F.R. § 79.1(f).2
Comments and oppositions are due within 30 days from the date of this public notice. The case identifier
must be placed on all filings. Comments and oppositions sent via e-mail to the Commission will be
considered informal and are not part of the official record.
Filing Instructions
An original and two (2) copies of all comments, oppositions, and replies must be filed with the Commission.
Filings can be sent by hand or messenger delivery, commercial overnight courier, or by first class or
overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal
Communications Commission, Attn: CGB Room 3-B431.


1 The names of the Petitioners are set forth in Attachment A.
2 Prior to the enactment of the Twenty-First Century Communications and Video Accessibility Act, Pub. L. No. 111-260,
124 Stat. 2751 (2010), (CVAA) in October 2010, petitioners seeking individual exemptions from the closed captioning
requirements sought “undue burden” exemptions. Although the CVAA replaced the “undue burden” terminology with
the term “economically burdensome,” (47 U.S.C. § 613(d) as amended by Sec. 202(c) of the CVAA), in light of the
CVAA’s legislative history, the Commission adopted an Interim Order continuing to use the undue burden factors
contained in Section 713(e) of the Act in evaluating petitions for individual captioning waivers. For a fuller discussion
of this and related issues, see Anglers for Christ Ministries, Inc., Memorandum Opinion and Order, Order, and Notice of
Proposed Rulemaking, CG Docket Nos. 06-181 and 11-175, 26 FCC Rcd 14941 at 14960, ¶36 (2011)(“Anglers Reversal
MO&O
”), which can be found at http://transition.fcc.gov/cgb/dro/caption.html. Accordingly, this proceeding will use
the “economically burdensome” terminology and the four undue burden factors contained in section 713(e) in evaluating
petitions.

* Hand-delivered or messenger-delivered paper filings must be delivered to: Marlene H. Dortch,
Secretary, Federal Communications Commission, Office of the Secretary, 445 12th Street, SW, Room
TW-A325, Washington, DC 20554. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All
hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building.
* Commercial overnight courier mail (other than U.S. Postal Service, Express Mail and Priority
Mail) must be sent to: Office of the Secretary, Federal Communications Commission, Attention:
Disability Rights Office, Room 3-B431, 9300 East Hampton Drive, Capitol Heights, MD 20743.
* U.S. Postal Service mail (including first-class, Express, and Priority Mail) should be addressed to:
Office of the Secretary, Federal Communications Commission, Attention: Disability Rights Office,
Room 3-B431, 445 12th Street, SW, Washington, DC 20554.

All comments and oppositions must be served on the petitioner. In addition, comments and oppositions
filed must indicate that they have been served on the petitioner.

An original and two (2) copies of the petitioner’s reply to the comments in the record are due 20 days after the
comment deadline. Electronic filing is not available at this time. In addition, replies to comments or
oppositions shall be served on the commenting or opposing party and shall include a certification that the
commenter was served with a copy.
All comments, oppositions, and replies must contain a detailed, full showing, supported by affidavit or signed
under penalty of perjury, of any facts or considerations relied on.
The petitions, comments, oppositions and replies will be available for public inspection in the Commission’s
Reference Information Center:
445 12th Street, S.W.
Washington, D.C. 20554
202-418-7094
The petitions, public notice, and decisions (when issued) can also be found at
http://www.fcc.gov/encyclopedia/economically-burdensome-exemption-closed-captioning-requirements.
To request materials in accessible formats for people with disabilities (braille, large print, electronic files,
audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
202-418-0530 (voice), 202-418-0432 (TTY). This Public Notice can also be downloaded in Word and
Portable Document Format at http://www.fcc.gov/encyclopedia/economically-burdensome-exemption-closed-
captioning-requirements.
Consumer & Governmental Affairs Bureau Contact: Roger Holberg (202) 418-2134 (voice); e-mail
roger.holberg@fcc.gov or Traci Randolph (202) 418-0569 (voice), (202) 418-0537 (TTY); e-mail
traci.randolph@fcc.gov.
2

ATTACHMENT A

.

Case Identifier

Petitioner/Program Name

Address

CGB-CC-0285

Calvary Baptist Church
501 W. Main Street
Tupelo, MS 38804

CGB-CC-0302

Voice for Jesus Church / The Way,
5931 NW 173 Drive, Unit 8
The Truth, and The Life
Hialeah, FL 33015

CGB-CC-0888

Father Cedric Pisegna Ministries /
430 Bunker Hill Road
Live With Passion
Houston, TX 77024

CGB-CC-1157

Norm Prouty / The Norm Prouty
57 Mayo Road
Real Estate Show
Hampden, ME 04444

CGB-CC-1188

Greeneville Church of Christ
1133 Tusculum Boulevard
Greeneville, TN 37745
-FCC-
3

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