Reminder II: Closed Captioning Contact Information Still Due

Posted on May 2, 2010 by FHH Law

March 22 deadline passes with less than total compliance

We told you so. Back in March, we reminded all video programming distributors (VPDs) that they were supposed to file their contact information with the Commission as required under the newly-effective rules relative to the closed captioning complaint process. The contact information was due on March 22. But did everybody do what they were supposed to? Apparently not, because on April 27, the Commission issued a public notice reminding VPDs of the filing requirement, noting that “many VPDs” have yet to provide the required information. Demonstrating the seriousness of all this, the public notice warns ominously, if somewhat vaguely, that “[f]ailure to provide such information could result in enforcement action.” That’s tellin’ ‘em.

Anyway, since the Commission seems to feel so strongly about this, we figure that the least we can do is try to give it a hand – so this is a CommLawBlog public service message, reminding VPDs that they’re supposed to submit to the Commission contact information to be used in the event of a closed captioning complaint.

As the public notice indicates, the closed captioning complaint rules provide three ways to get that information to the Commission. Two of those ways are addressed only in passing in the notice, probably because the Commission would prefer that they not be used. (Those two ways are: (1) filing it in hard copy with the Chief of the Disability Rights Office, Consumer and Governmental Affairs Bureau; and (2) sending it in an email to CLOSED CAPTIONING_POC@fcc.gov.) The public notice does go on at some length about the third, preferred, way – submitting the info through the hand webform at https://esupport.fcc.gov/vpd-data/login!input.action.

The Commission is right to push VPDs in the direction of the webform, which has a lot going for it. In fact, it makes you wonder why the Commission offers the other two alternatives at all. Be that as it may, here’s the scoop on the webform.

All you need is your FRN, FRN password, and the contact information. The first page you access asks for your FRN and password. After you login with those, you’re at a screen with three tabs in the upper left corner. If you haven’t entered any contact information for any station (or system, if you’re a cable person), you click on the middle tab labeled “New VPD”, which will then take you through a series of screens. each soliciting aspects of your contact information. It’s all pretty simple (although the Commission provides a “support” tab in each screen, just in case).

The primary advantage of the webform is that the VPD gets to enter the information itself. The other alternatives require FCC staff themselves to enter the data into the system – which obviously introduces the possibility of inadvertent error.

So all you VPDs, let’s get to it. We don’t want to have to warn you again.
Tags: , , , , , , , , , , , , , , ,

Reminder: Closed Captioning Contact Information Due March 22

Posted on March 18, 2010 by Lee Petro

Requirement applies to all VPDs, even those exempt from captioning requirements

As we reported last month, the process for registering complaints about closed captioning problems has kicked in. And as part of that process, video programming distributors (VPDs) are required to provide to the FCC, by March 22, 2010, contact information (phone/fax/email) so that the FCC will know how to get in touch with the VPD relative to incoming complaints. VPDs can upload their contact information directly to the FCC by going to the designated page on the FCC’s website (which can be accessed by clicking this link), entering their FRN and FRN password, and then providing the necessary information.

Heads up: all VPDs are expected to upload their contact information, even if they happen to enjoy one or another exemption from the captioning requirements. The universe of VPDs subject to the Commission’s closed captioning requirements encompasses all broadcast television stations, including Class A’s and LPTVs. Some VPDs fall under certain exemptions which relieve them from having to caption programming that is not otherwise captioned.  (For example, VPDs are not required to caption programming if that captioning would cost more than two percent of the VPD’s gross revenues. Similarly, VPDs aren’t required to spend any money to caption their programming if their channel produces less than $3 million in annual gross revenues.) Those exemptions do not relieve the VPD of the obligation to provide contact information as specified by the rules.

While it may seem counterintuitive to require exempt VPDs to post their contact information, there is some common sense at work here. The exemptions apply in large measure to programming that the VPD itself produces. But those exemptions do not relieve stations – including LPTVs – of the obligation to pass through, with the captioning intact, programming which has already been captioned by others upstream in the program distribution chain. In other words, even though a station does not have to caption the programming that it itself produces, that doesn’t mean that the station doesn’t broadcast some (and maybe a lot of) programming that is captioned. And viewers who rely on that captioning will – so the theory goes – want and need contact information if it turns out that there’s a problem with the captioning.

Staff reachable through the provided contact information should be able to “to immediately respond to and address consumers’ concerns.” However, that does not mean that the VPD should be on the hook for any additional costs. The rule (Section 79.1(i)) specifically provides that the “contact information” requirement does not mean that VPDs must alter their normal staffing schedules. However, when staff are available to deal with technical questions, they must know how to deal with closed captioning concerns. In the case of a VPD which is itself exempt from any captioning requirements, the staff reachable through the “contact information” listing should know how, and to whom, to refer any concerns about captioning problems in programming provided by third parties. All closed captioning calls or inquiries should be returned or otherwise addressed within 24 hours.

Tags: , , , , , , , , , , , , , , ,