FCC Clarifying Rules for IP-Video Captions

June 2013 — The Federal Communications Commission (FCC) released an Order on Reconsideration and Further Notice of Proposed Rulemaking (FNPRM) in the Matter of Closed Captioning of Internet Protocol-Delivered Video Programming: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010 [MB Docket No. 11-154]. The Order on Reconsideration addresses concerns from stakeholders, including the Consumer Electronics Association, TVGuardian, and consumer groups, concerning the rules for the captioning of IP-delivered video programming for certain apparatus.  Specifically, the Order clarifies the definition of “video player” to ensure the rules apply to “video player(s) capable of displaying video programming transmitted simultaneously with sound,” while granting waivers to apparatus that are not designed to transmit video programming, such as certain digital cameras.  In addition, the Order clarifies that the January 1, 2014 compliance deadline applies to the date of manufacture of apparatus and provides an extension for DVD and Blu-Ray players. The Order affirms that the rules allow for “rendering or pass through of captions,” and does not limit providers to pass through captioning only.  In the FNPRM, the FCC seeks comment on requirements for the synchronization of closed captions and video display in addition to the closed caption requirements for DVD and Blu-Ray players that “do not render or pass through closed captions.” Initial comments are due 60 days after publication in the Federal Register, and reply comments are due 90 days after publication in the Federal Register.