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EXEMPTIONS TO THE CLOSED CAPTIONING REQUIREMENTS
ON THE BASIS OF UNDUE BURDEN

In addition to the self-implementing exemptions from the closed captioning rules (found in 47 C.F.R. § 79.1(d)), the Commission's rules provide procedures for petitioning the Commission for an exemption from the rules where compliance with the rules will result in an undue burden (47 C.F.R. § 79.1 (f)). The term "undue burden" means significant difficulty or expense. Exemptions may be granted, in whole or in part, for a channel of video programming, a category or type of video programming, an individual video service, a specific video program, or a video programming provider, upon a finding that the closed captioning requirements will result in an undue burden. A petition for an exemption must be supported by sufficient evidence to demonstrate that compliance with the closed captioning requirements would cause an undue burden. Petitions must also be supported by an affidavit.

Factors the Commission will consider when determining whether the requirements for closed captioning impose an undue burden include the following:

The nature and cost of the closed captioning for the programming.
The impact on the operation of the provider or program owner .
The financial resources of the provider or program owner, including efforts to solicit captioning assistance from the distributors of its programming and the distributors' responses.
The type of operations of the provider or program owner.
Any available alternatives that might constitute a reasonable substitute for the closed captioning requirements, including but not limited to, text or graphic display of the content of the audio portion of the programming
Other factors the petitioner deems relevant to the Commission's final determination.
Undue burden shall be evaluated with regard to the individual outlet. We encourage petitioners to propose alternative implementation schedules or benchmarks that could minimize the burden of compliance with the rules, but would increase the amount of captioning available for their viewers.

Discussion about the undue burden petition standard and process is found in paragraphs 182-205 of the 1997 Report and Order http://www.fcc.gov/Bureaus/Cable/Orders/1997/fcc97279.txt and paragraphs 108-112 of the 1998 Reconsideration Order http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98236.pdf

Please note that pursuant to Commission rules, the petition, as well as any supporting financial information provided, will be available for public inspection in the Commission's Reference Information Center. The Commission endeavors to make this available on its website, as well. As such, petitioners should redact social security numbers and employee identification numbers from their submissions.

Filing Instructions:

An original and two (2) copies of a petition requesting an exemption based on the undue burden standard must be filed with the Commission. There is no form for the petitions. Electronic filing and faxes will not be accepted.

Filings can be sent by hand or messenger delivery, commercial overnight courier, or by first class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission, Attention: CGB Room 3-B431.

The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, DC 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service, Express Mail and Priority Mail) must be sent to:

9300 East Hampton Drive, Capitol Heights, MD 20743

U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, SW, Washington, DC 20554.
Processing of Petitions

Within two weeks of Commission staff receiving a petition for exemption based on undue burden, a letter will be sent to the petitioner acknowledging receipt of the petition. Given the delays associated with receiving mail at the Commission, please wait at least two weeks before contacting Commission staff to see if your petition has been received.

If applicable, a letter will be sent to the petitioner indicating additional information is needed, and what information must promptly be provided to the Commission. Once the information is submitted and the petition is complete, it will be placed on Public Notice and posted on the Commission website identified below.

Only compliant petitions will be placed on public notice, and posted on the website, to permit interested persons to file comments or oppositions to the petition. Comments and oppositions to the petition are due within 30 days from the date of the public notice. All filings must contain the case identifier (CGB-CC-XXXX)for that petition. Comments and oppositions sent via e-mail or faxed to the Commission will not be considered.

Comments and oppositions must indicate that they have been served on the petitioner at the address found on the petition. In addition, an original and two copies of all comments and oppositions must be filed with the Commission consistent with the addresses listed above, and must include the case identifier.

Petitioner's reply to the comments in the record is due 20 days after the comment deadline. Replies to comments or oppositions must be served on the commenting or opposing party and shall include a certification that the commenter was served with a copy. Comments and oppositions sent via e-mail or fax to the Commission will not be considered.

All petitions and responsive pleadings must contain a detailed, full showing, supported by affidavit, of any facts or considerations relied on.

All petitions and comments are available for public inspection in the Commission's Reference Information Center:

445 12th Street, S.W.
Washington, D.C. 20554
202-418-7092

Pursuant to the closed captioning rules, during the pendency of an undue burden determination, the video programming subject to the request for exemption shall be considered exempt from the closed captioning requirements.

Petitions that are placed on public notice, as well as decisions, can be found at http://www.fcc.gov/cgb/dro/caption.html

If you have questions regarding this process please contact Amelia Brown at 202-418-2799 (voice), 202-418-0537 (TTY), Amelia.Brown@fcc.gov or Traci Randolph at 202-418-0569 (voice), 202-418-0537 (TTY), Traci.Randolph@fcc.gov

See petitions for exemption from the closed captioning requirements, filed pursuant to Section 79.1 of the Commission's rules, 47 C.F.R. § 79.1, have been placed on public notice: CLICK HERE