Broadcast and Cable

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Under FCC rules, broadcasters must provide more and more hours of television captioning, under a strict schedule. The rules do not require specific programs to be captioned. The rules require a broadcaster to caption minimum percentages of all of their broadcasts, when looked at over a calendar quarter. Under the Telecommunications Act of 1996 (PL 104-104), virtually all new broadcast, satellite and cable programming must be captioned by January 1, 2006. The Federal Communications Commission (FCC) calls for a minimum percentage of both "new" (first shown on or after January 1, 1998) and "old" (earlier) programming to be captioned according to a schedule. For specific information and for procedures for filing a complaint, see:
www.fcc.gov/cgb/consumerfacts/closedcaption.html

In general broadcasters must meet the following schedule for captioning of "new programming": 

450 hours per calendar quarter (25%), beginning Jan. 1, 2000 
900 hours per calendar quarter (50%), beginning Jan. 1, 2002 
1350 hours per calendar quarter (75%), beginning Jan. 1, 2004 
100 % of new programming must be captioned, beginning Jan. 1, 2006. 

In addition, the FCC rules also require video programming distributors to make ALL emergency information that it broadcasts accessible to persons who are deaf or hard of hearing. If emergency information is provided aurally, the information also must be provided in a visual format. For more information, see the FCC’s Consumer Fact Sheet at: www.fcc.gov/cgb/consumerfacts/emergencyvideo.html.

The FCC Order is available at:
www.fcc.gov/bureaus/cable/orders/2000/fcc00136.doc

There are some exceptions in the FCC rules. For example, commercial advertisements that are less than five minutes long are not subject to the law. Nor are programs that consist mainly for non-vocal music, which as a televised symphony or ballet performance. Programs shown on new networks are exempt for the first four years of the network’s operation. Networks that have a very low income are also exempt. 

However, the NAD strongly urges ALL advertisers and programmers to caption their programs voluntarily. There is no good reason not to reach out to the deaf and hard of hearing audience, especially since the cost of captioning an advertisement or other program is usually a very small percentage of the overall costs of production.

Complaints about non-captioning or poor captioning of video broadcasts programming must be sent to the video program distributor, usually your local television station, satellite service, or your cable operator. Give the name of the program, the date you tried to watch it, the network/channel you were watching, and, if you know it, the producer/distributor name, as well as your own name and address and contact information. Tell the distributor that it is violating the closed caption rule, 49 C.F.R. §79.1. If the distributor cannot solve the problem, complaints may then be sent to:

If you complain about captioning, be sure to keep a copy of all your letters, e-mails, phone calls and communications with the broadcaster and the FCC. The NAD has prepared more information about how to file a complaint.

You can also get information about filing a complaint from the Disability Rights Office at the FCC at access@fcc.gov, or by calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-225-5322) TTY.

The National Association of the Deaf (NAD) Law and Advocacy Center prepared this material as informal guidance. This is not legal advice. The NAD assumes no liability for this material.

For additional information or technical assistance about how laws against disability discrimination apply to you, contact the NAD Law and Advocacy Center, 301-587-7730 Voice/TTY, 301-587-0234 FAX, www.nad.org/contactus; a local attorney (for more information, see  Get a Lawyer); or an enforcement agency (see list at www.ada.gov or call 800-514-0301 Voice or 800-514-0383 TTY).