NAD Reacts to the FCC Report and Order on Captioning

On August 22, 1997, the Federal Communications Commission (FCC) released its final rules for the captioning of video programming, as required by the Telecommunications Act of 1996 (FCC 97-279). The Commission's assigned task to draft the final rules was not an easy one. The NAD wishes to thank the many staff members whose extensive efforts and long hours on the final rules are much appreciated. The NAD also wishes to recognize and applaud the special efforts of FCC Chairman Reed Hundt, whose separate Statement accompanying the Report and Order acknowledges the importance of ultimately captioning all television programming. Additionally, the NAD wishes to express its appreciation for the admirable efforts of FCC Commissioner Ness to ensure that all emergency information is made accessible to deaf and hard of hearing individuals.

The National Association of the Deaf has long been an advocate for equal access to television programming by all deaf and hard of hearing Americans. While the rules offer a start on the road toward video programming access, they are a disappointment to the National Association of the Deaf.

"A requirement for captioning of only 95 percent of new programming does not meet Congress' intent to ensure that all new programming is 'fully accessible,'" explained Nancy J. Bloch, Executive Director of the National Association of the Deaf. "We are similarly concerned with the huge gaps in programming that are created by the Commission's exemptions. Although, under the 1996 Act, exemptions are to be granted only if they create an economic burden to a video provider or owner, the exemptions crafted go well beyond this legislative guideline. By exempting overnight programming, virtually all advertisements, and all non-English language programming, the rules fall short of requiring the equal access envisioned by Congress. Similarly, allowing electronic newsroom captioning for live news broadcasts will result in access to only pre-scripted news; use of this method results in the denial of video access by deaf and hard of hearing people to live interviews, sports and weather updates, and other late breaking stories."

The National Association of the Deaf will continue its efforts to advocate for strong captioning rules that provide full and equal access to all video programming for all Americans who are deaf and hard of hearing.

Background

The rules require captioning for 95 percent of new programming within eight years, and 75 percent of pre-rule programming within 10 years. Pre-rule programming is defined as programming that is produced or exhibited prior to the effective date of the FCC rules, which the FCC has now set as January 1, 1998.

The rules contain extensive exemptions from the captioning requirements for both new and pre-rule programming, including exemptions for all overnight programming, advertisements shorter than five minutes, and non-English language programs. In addition, the rules do not require real-time captioning for live newscasts. Rather, electronic newsroom reporting (ENR), a method that uses special equipment to convert pre-scripted news materials coming over a teleprompter into captions, is permitted for these types of broadcasts. Finally, the FCC set parameters for spending on captioning, to protect small businesses from incurring an economic burden. The Commission has, for the present, declined to adopt standards for captioning quality.