§ 613. — Video programming accessibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC613]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 613. Video programming accessibility
(a) Commission inquiry
Within 180 days after February 8, 1996, the Federal Communications
Commission shall complete an inquiry to ascertain the level at which
video programming is closed captioned. Such inquiry shall examine the
extent to which existing or previously published programming is closed
captioned, the size of the video programming provider or programming
owner providing closed captioning, the size of the market served, the
relative audience shares achieved, or any other related factors. The
Commission shall submit to the Congress a report on the results of such
inquiry.
(b) Accountability criteria
Within 18 months after February 8, 1996, the Commission shall
prescribe such regulations as are necessary to implement this section.
Such regulations shall ensure that--
(1) video programming first published or exhibited after the
effective date of such regulations is fully accessible through the
provision of closed captions, except as provided in subsection (d)
of this section; and
(2) video programming providers or owners maximize the
accessibility of video programming first published or exhibited
prior to the effective date of such regulations through the
provision of closed captions, except as provided in subsection (d)
of this section.
(c) Deadlines for captioning
Such regulations shall include an appropriate schedule of deadlines
for the provision of closed captioning of video programming.
(d) Exemptions
Notwithstanding subsection (b) of this section--
(1) the Commission may exempt by regulation programs, classes of
programs, or services for which the Commission has determined that
the provision of closed captioning would be economically burdensome
to the provider or owner of such programming;
(2) a provider of video programming or the owner of any program
carried by the provider shall not be obligated to supply closed
captions if such action would be inconsistent with contracts in
effect on February 8, 1996, except that nothing in this section
shall be construed to relieve a video programming provider of its
obligations to provide services required by Federal law; and
(3) a provider of video programming or program owner may
petition the Commission for an exemption from the requirements of
this section, and the Commission may grant such petition upon a
showing that the requirements contained in this section would result
in an undue burden.
(e) Undue burden
The term ``undue burden'' means significant difficulty or expense.
In determining whether the closed captions necessary to comply with the
requirements of this paragraph would result in an undue economic burden,
the factors to be considered include--
(1) the nature and cost of the closed captions for the
programming;
(2) the impact on the operation of the provider or program
owner;
(3) the financial resources of the provider or program owner;
and
(4) the type of operations of the provider or program owner.
(f) Video descriptions inquiry
Within 6 months after February 8, 1996, the Commission shall
commence an inquiry to examine the use of video descriptions on video
programming in order to ensure the accessibility of video programming to
persons with visual impairments, and report to Congress on its findings.
The Commission's report shall assess appropriate methods and schedules
for phasing video descriptions into the marketplace, technical and
quality standards for video descriptions, a definition of programming
for which video descriptions would apply, and other technical and legal
issues that the Commission deems appropriate.
(g) Video description
For purposes of this section, ``video description'' means the
insertion of audio narrated descriptions of a television program's key
visual elements into natural pauses between the program's dialogue.
(h) Private rights of actions prohibited
Nothing in this section shall be construed to authorize any private
right of action to enforce any requirement of this section or any
regulation thereunder. The Commission shall have exclusive jurisdiction
with respect to any complaint under this section.
(June 19, 1934, ch. 652, title VII, Sec. 713, as added Pub. L. 104-104,
title III, Sec. 305, Feb. 8, 1996, 110 Stat. 126.)
Prior Provisions
A prior section 613, act June 19, 1934, ch. 652, title VII,
Sec. 713, as added Nov. 16, 1988, Pub. L. 100-667, title II, Sec. 203,
102 Stat. 3958, related to report to Congress on discrimination, prior
to repeal by Pub. L. 103-414, title III, Sec. 304(a)(18), Oct. 25, 1994,
108 Stat. 4297.
