Broadband Law Advisor Blog : Broadband Lawyers & Attorneys : Davis Wright Tremaine Law Firm : National Broadband Plan Adoption & Infrastructure Updates

By Maria T. Browne, Brendan Holland, Brian J. Hurh, and Ronald G. London

The Federal Communications Commission (FCC) has adopted a Report and Order (R&O) establishing rules for the closed captioning of video programming delivered via Internet protocol (i.e., IP video), as required by the 21st Century Communications and Video Accessibility Act (CVAA). As discussed in our advisory on the CVAA and our overview of the Report by the Video Programming Accessibility Advisory Committee (VPAAC) making recommendations for FCC implementation, the CVAA compelled the FCC to adopt rules that require captioning of IP video programming that was published or exhibited with captions on TV after the effective date of such regulations (covered IP video).

The new rules govern TV stations, cable systems, broadcast and cable networks and virtually every other professional video program producer who is now, or will be in the future, making programming available online. The rules also impose new requirements on hardware (such as set-top boxes, PCs, smartphones DVD players, Blu-ray and tablets) designed to receive or play back video programming transmitted simultaneously with sound and integrated software. With rules that are so wide-reaching, everyone involved in these businesses needs to understand what the new rules entail.

(Continuing reading the DWT Advisory.)

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UPDATE: Our DWT Advisory on the IP Closed Captioning Report and Order is now available here.

This afternoon, the FCC released its long-anticipated Report and Order that sets forth the Commission’s new closed captioning rules for IP-delivered video programming, pursuant to the 21st Century Communications and Video Accessibility Act (CVAA). As we explained when the rules were first proposed in September, the CVAA had directed the FCC to establish how and when certain IP-delivered video programming must be captioned, as well as the closed captioning capabilities for devices used to view video programming. The R&O adopts closed captioning requirements for owners, providers, and distributors of IP-delivered video programming; a safe harbor technical standard and delivery format for IP video captions; a staggered compliance schedule; complaint rules; and requirements for manufacturers of devices used to view the video programming at issue.

We are currently reviewing this comprehensive rulemaking, and will post our in-depth review next week, both here and on our DWT Advisories page.

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On December 30, 2011, the Federal Communications Commission's rules for ensuring the accessibility of Advanced Communication Services (e.g., VoIP, electronic text and interoperable video conferencing services) to persons with disabilities was published in the Federal Register, thus setting the effective date for the rules at January 30, 2012 (30 days from publication).   (We previously discussed the rules as released by the FCC in an earlier post.)   However, full compliance will not be required until October 8, 2013.  The FCC expects covered entities to immediately begin incorporating accessibility features and considerations into their products and services to meet this deadline.

A covered entity's recordkeeping and certification obligations, however, are expected to become effective on January 30, 2013 (subject to OMB approval), with immediate compliance due thereafter.  As discussed in our earlier post, on this date, covered entities (including legacy interconnected VoIP providers) must maintain records of compliance AND certify annually (under oath) to the FCC that such records are being maintained.  The FCC has previously stated that it expects the first certification to be due in April 2013.  Covered entities should begin contemplating policies and procedures for creating, maintaining and, if necessary, disclosing records, and identifying the appropriate person(s) for certifying to the FCC and handling complaints and inquiries.

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