Request for Exemption from FCC's Closed Captioning Rules
Federal Communications Commission
News Media Information 202 / 418-0500445 12th St., S.W.
Washington, D.C. 20554
Released: December 6, 2011
REQUEST FOR COMMENT
REQUEST FOR EXEMPTION FROM COMMISSION’S CLOSED CAPTIONING RULES
CG Docket No. 06-181The Africa Channel (TAC) has filed a petition for exemption for its programming from the closed captioning
requirements, pursuant to Section 79.1 of the Commission’s rules, 47 C.F.R. § 79.1. Although approximately
6 percent of Petitioner’s programming (e.g., “Generations,” “Isidingo,” foreign language movies and music
videos) contains subtitles, most of the remainder of TAC’s programming is neither closed captioned nor uses
alternative means to make it accessible to people who are deaf and hard of hearing. Petitioner claims 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).1
Comments and oppositions are due within 30 days from the date of this public notice. The case identifier,
CGB-CC-1133, 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.
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
1 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). Congress appears
to have intended for the Commission to continue to use the 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 (“Anglers Decision”),
which can be found at https://transition.fcc.gov/cgb/dro/caption.html. In the Anglers Decision, the Commission directed
the Consumer and Governmental Affairs Bureau to utilize the “economically burdensome” standard and to apply the
original four undue burden factors contained in section 713(e) to this standard, pending completion of a rulemaking
proceeding to amend its rules accordingly. Anglers Decision at ¶ 36. Accordingly, this proceeding will use the
“economically burdensome” terminology and the four undue burden factors contained in section 713(e) in evaluating
Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal
Communications Commission, Attn: CGB Room 3-B431.
* Hand-delivered or messenger- delivered paper filings: 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 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 (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.
In addition, comments and oppositions filed must indicate that they have been served on the petitioner. All
comments and oppositions must be served on petitioner at:
The Africa Channel
5200 Lankershim Blvd., Suite 750
North Hollywood, CA 91601
An original and two (2) copies of petitioner’s reply to the comments in the record is 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, of any
facts or considerations relied on.
The petition, 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
The petition, public notice, and decision (when issued) can also be found at
To request materials in accessible formats for people with disabilities (braille, large print, electronic files,
audio format), send an e-mail to firstname.lastname@example.org 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 https://www.fcc.gov/cgb/dro.
Consumer & Governmental Affairs Bureau Contact: Roger Holberg (202) 418-2134 (voice); e-mail
email@example.com or Traci Randolph (202) 418-0569 (voice), (202) 418-0537 (TTY); e-mail
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