COAT Position Statement: Expand Closed Captioning Obligations to Internet-based Video Programming

COAT recommendation: Extend closed captioning obligations contained in Section 713 of the Communications Act to previously captioned video programming that is re-distributed over the Internet; extend captioning obligations to certain other web-based video programming.

Who will benefit? Over 100 million Americans, including 28 million individuals with hearing loss, 30 million people for whom English is a second language, 27 million illiterate adults, 12 million children learning how to read and 4 million remedial readers.

Current law: Section 713 of the Communications Act, 47 U.S.C. §613, requires that video programming distributors provide closed captioning on 100 percent of new, nonexempt English video programming. Exemptions are available for certain defined situations, for example, when the programming is primarily textual or primarily non-vocal music, and when compliance with the rule would result in an “undue burden,” meaning significant difficulty or expense. Requirements also are in place for pre-rule (before January 1998) programming and Spanish language programming. In addition, all video programming distributors must pass through captions of already captioned programs.

Why it is not enough: Web-based video services that offer television programs, movies, web clips, and live video streaming are proliferating at lightning speed. However, the vast majority of programming exhibited over these services lacks closed captioning, even in those instances where such programming was previously equipped with captions. Congress needs to confirm that, for the purposes of the captioning obligations, the definition of video programming distributors covers video programming distributors that distribute their programming over the Internet. [1] Specifically, legislation is needed to ensure captions on the following categories of web programming:

• Pre-produced video programming that was previously captioned for television viewing in compliance with Section 713;
• Live television programming that must be captioned for television viewing in compliance with Section 713;[2]
• New web-based video programming provided by, or generally considered comparable to programming provided by, a television broadcast station that is distributed and exhibited over the Internet for residential use. [3] This category is not intended to cover user generated content uploaded by private citizens.

Technical and economic feasibility: Captioning of web-based videos is both technically and economically feasible. Apple’s QuickTime 1.0 has provided computer-based digital video platforms capable of supporting text formats for closed captions since 1991. Subsequent similar developments by Microsoft (Synchronized Accessible Media Interchange for Windows Media Player )[4] and RealNetworks (which bases its RealText on the World Wide Web Consortium's (W3C) Synchronized Multimedia Integration Language )[5] and Adobe (CC for Flash) have also made the provision of textual representations of a web-based video's audio track a technically achievable task. For those web-based video providers who desire a single, universal text file format, an industry group called the "Timed Text Working Group," established in 2003, developed the Distribution Format Exchange Profile (DFXP).[6] Now under consideration to become an industry-wide standard, this would allow for consistency across various authoring systems and platforms, and would provide a common data format for content providers to use in providing captions, much like line 21 (CEA-608) is the format used for analog transmissions and DTVCC (CEA-708) specifications are used for digital TV. In addition, there are a number of other tools that content providers and distributors can use to convert their traditional television captions into captions for web-based video. Examples include "CaptionKeeper,"[7] Captionate," [8] "MAGpie," [9] "CC for Flash,"[10] and the professional-grade, most commonly used software in the U.S. captioning industry, Softel Swift.

[1]47 C.F.R. §79.1(a)(2) defines video programming distributor as “[a]ny television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in §76.1000(e) of [Chapter 47], and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission.” A “multichannel video programming distributor” is defined as “an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, and a satellite master antenna television system operator, as well as buying groups or agents of all such entities.” 47 C.F.R. §79.1000(e).

[2]This would likely entail applying the existing captioning obligations to web-based video programming distributors (Google, AOL, Yahoo, YouTube, etc.) and website owners (e.g., ABC.com, CBS.com, etc.).

[3]See 47 C.F.R. §79.1(a)(1). This is the definition of video programming contained in FCC rules implementing Section 713. The goal of the new section is to capture video programming that is equivalent to television programming (e.g., shown over broadcast, cable, or satellite channels) but which, in the future, may be produced exclusively for web viewing.

[4] http://msdn2.microsoft.com/en-us/library/ms971327.aspx.

[5] http://service.real.com/help/library/guides/production8/htmfiles/smil.htm.

[6] http://www.w3.org/TR/2006/CR-ttaf1-dfxp-20061116/.

[7] www.captionkeeper.org.

[8] http://www.buraks.com/captionate/.

[9]http://ncam.wgbh.org/webaccess/magpie/index.html.

[10]http://ncam.wgbh.org/webaccess/ccforflash/.

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