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Request for Exemption from FCC Closed Captioning Rules

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Released: November 30, 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 12-1923

Released: November 30, 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. 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). On July 19, 2012, the
Commission adopted a Report and Order revising all references to "undue burden" in Part 79.1 of its Rules (47 C.F.R.
79.1) to "economically burdensome." Interpretation of Economically Burdensome Standard, Report and Order, 27
FCC Rcd 8831 (2012). The Report and Order, which can be found at http://transition.fcc.gov/cgb/dro/caption.html, was
published in the Federal Register on August 13, 2012. See 77 FR 48102. Accordingly, this proceeding will use the
"economically burdensome" terminology.

* 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.

ATTACHMENT A

.

Case Identifier

Petitioner/Program Name

Address

CGB-CC-0203

First Baptist Church of Fort Smith,
PO Box 609
Arkansas / Hope From Above
Fort Smith, AR 72902

CGB-CC-0287

Paul Gray / Exploring Alaska
35555 Spur Highway, #232
Soldotna, AK 99669

CGB-CC-0572

The Justice Foundation / Faces Of
7210 Louis Pasteur Drive, Suite 200
Abortion
San Antonio, TX 78229

CGB-CC-0923

Five & Dime Productions / You've
2405 Porter Street, S.W.
Got To Be Kidding Me, America
Wyoming, MI 49519

CGB-CC-1019

Iglesia de Cristo MI-EL Longmont
1602 9th Avenue
Longmont, CO 80501

CGB-CC-1032

C & G Productions, LLC. / DC
936 North Kenmore Street
Contigo
Arlington, VA 22201

CGB-CC-1170

Sheffield Entertainment Television
1800 Eastwood Road #130
/ Gracie's Friends
Wilmington, NC 28403

CGB-CC-1240

Watch Fatboy Films / Industry
817 Henry Street
Chaos
Portsmouth, VA 23704

CGB-CC-1243

Leon Charney Media Foundation
1441 Broadway, 31F
Inc. / Leon Charney Report
New York, NY 10016

CGB-CC-1252

Springfield Community Church /
615 Transmitter Road
Living Word of Faith
Panama City, FL 32401

CGB-CC-1253

Sharing Faith Ministries / Your
PO Box 714
Sunday Worship
Walled Lake, MI 48390

CGB-CC-1256

Ocala First United Methodist
40 South East 11th Avenue
Church / Sunday Morning Service
Ocala, FL 34471
-FCC-

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