Consumer Groups Comment on Proposed Internet Captioning Rules

On October 18, 2011, the National Association of the Deaf (NAD) filed comments as part of Consumer Groups, a coalition of other deaf and hard of hearing consumer-based organizations to a Federal Communications Commission (FCC) Notice of Proposed Rulemaking (NPRM) on Internet Protocol (IP) Captioning as part of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). 

The CVAA, signed into law by President Obama [2] in October 2010, requires captioning of all Internet delivered video programming that has been “published or exhibited on television with captions” after the rules’ effective date. 

The NAD urges consumers to file comments by November 1, 2011 with the FCC sharing their experiences with Internet captioning and urging them to adopt regulations that support the Consumer Group's comments. The following is a summary of the major points in Consumer Groups’ comments on the FCC IP Captioning NPRM.

Covered Entities and their Obligations 

Advocated for the FCC to make it easier for consumers to notify of captioning problems on the Internet by adopting a single point of responsibility – the entities (VPPs/VPDs) that distribute video programming to the end users. Since VPPs/VPDs are the entities that consumers primarily interact with, this liability system will result in more efficient, effective, and responsive captioning system. 

Performance Standards

Supported the adoption of the performance standards proposed in the Video Programming Accessibility Advisory Committee (VPAAC) Report. The VPAAC Report proposed that IP captioning be at least the same quality as broadcast television captions. The Consumer Groups, however, pushed for the proposed VPAAC performance standards to be the minimum for IP captioning quality, with room to improve.

Definition of “Full Length Programming” and “Video Clips”

Recommended that, because video clips are not required to be captioned, the FCC define “full length programming” broadly and limit “video clips” to videos lasting 30 seconds or less. The 30-second cap for video clips provides opportunities for video programmers to advertise dramatic or humorous moments for a full-length programming. A broad definition of “full-length programming” ensures that anything over thirty seconds will be captioned and therefore provide as much access for deaf and hard of hearing consumers as allowed under the law.

Exemptions for Entities and Programming

Urged the FCC not to allow anyone to avoid their captioning obligations because of nonprofit status or other reasons. The Consumer Groups asked the FCC not to grant any blanket exemptions for entities or programming for IP-delivered video programming. The Consumer Groups reminded the FCC that the relatively low added expense of transitioning captions to the Internet would rarely justify an economic exemption. 

Forfeitures

Encouraged significant penalties (referred to as “forfeitures” in these regulations) for captioning failures. The proposed forfeiture is $10,000 per complaint for a particular instance of noncompliance. We believe that the per-complaint forfeiture system holds VPPs/VPDs accountable for the number of deaf and hard of hearing consumers who lost access because of the failure to provide quality captioning.   

Section 203 Definition of Apparatus

Advocated for a broad definition of “apparatus” – devices with video playback functionality – so that it includes: hardware, software, any combination of hardware and software, and multifunctional devices. A broad definition of apparatus ensures that deaf and hard of hearing consumers can access captions on more than just televisions and desktop computers and see them on all devices with video playback functionality, regardless of size or primary functionality.  

Please support the Consumer Group’s petition, send a comment to the FCC by the Reply Comments deadline by November 1, 2011. Click here [3] for a template comment supporting the Consumer Groups’ petition in full.