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Requests for Exemption from FCC's Closed Captioning Rules

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Released: September 6, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1447

Released: September 6, 2012



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
”), which can be found at Accordingly, this proceeding will use
the “economically burdensome” terminology and the four undue burden factors contained in section 713(e) in evaluating

* 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
The petitions, public notice, and decisions (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 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
Consumer & Governmental Affairs Bureau Contact: Roger Holberg (202) 418-2134 (voice); e-mail or Traci Randolph (202) 418-0569 (voice), (202) 418-0537 (TTY); e-mail



Case Identifier

Petitioner/Program Name



Abundant Faith Christian Center /
2525 Taylor Avenue
Faith For Today
Springfield, IL 62703


Edgewood Baptist Church
3564 Forrest Road
Columbus, GS 31907


Lima Baptist Temple
c/o Huffman, Kelley, Brock & Gottschalk, LLC
Attn: T. Blain Brock, II
540 West Market Street
Lima, OH 45801


First United Methodist Church /
903 East Fourth Street
Ten O’clock Worship Service
Panama City, FL 32401


Diocese of Lakes Charles / Glad
411 Iris Street
Lake Charles, LA 70601


Off Beat Productions / Off Beat
Lipsitz Green Scime Cambria, LLP
Attn: Barry Nelson Covert, Esq.
42 Delaware Avenue, Suite 120
Buffalo, NY 14202-3924


Victorious Ministries International / 4613 York Road
Inside Victory, Man Up &
Baltimore, MD 21212


Outdoorsmen Productions, LLC
405 N. Broadway, Box 354
Hartington, NE 68739-0354


The Congregation of God Seventh
2751 S. Main Street
Day / Watch America
Kennesaw, GA 30244


Grace Baptist Church / The Miracle 7171 Oak Ridge Highway
of Grace
Knoxville, TN 37931


Gospel Broadcasting Network
Drinker Biddle & Reath
Attn: Lee G. Petro
1500 K Street, N.W., Suite 1100
Washington, DC 20005-1209


SJTV LLC d/b/a CNY’s Open
349 Oriskany Boulevard
Whitesboro, NY 13492

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