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Reg. 48487 (September 16, 1997) ("Report and Order"). to implement Section 713. The Report and Order includes timetables for the   Ltransition to mandatory captioning and provides exemptions for certain specific classes of programming,  S-  as well as a general revenuebased exemption.^~r {O"-ԍReport and Order, App. B, 79.1(b) and (d). ^ Under the new rules, video program providers must  S-  gradually increase the amount of closed captioning provided on programs distributed after January 1, 1998,   lwith captioning benchmarks to be met every two years, and with 95% of such programming to be",))II"  S-  \captioned as of January 1, 2006.KW {Oh-ԍId., App. B, 79.1(b)(1).K The rules also exempt specific categories of programming from the  S-captioning requirements, but infomercials are not included among the exempt classes of programming.YZW {O-ԍId., App. B., 79.1(d)(3) through (10).Y  S-  3.` ` NIMA states that, in the absence of a stay, the Commission's rules will force infomercial   kadvertisers to caption all of their programs as of January 1, 1998 and, thus, cause these advertisers to   Lsuffer irreparable harm. NIMA explains that infomercials are distributed on many channels and produce   income for the advertisers through sales to consumers. NIMA contends that although some channels will   qualify for exemption from the closed captioning requirements based on the general revenue exemption,   it will not be feasible for infomercial providers to determine whether a program provider is exempt from   captioning obligations. According to NIMA, infomercial advertisers will have no means to ascertain   whether any individual infomercial may be exempt from the captioning requirements, and therefore may  SH -be forced to caption all of their infomercial programming as of January 1, 1998._ZH W {O-  ԍSee Petition at 23. NIMA expects that video program distributors will require infomercial advertisers to   incorporate closed captioning in their programs as a condition of carriage, as it is most efficient to add captioning during the production phase of a video program. _  S -  a4.` ` We conclude that a stay of the rules is not necessary to prevent irreparable harm to  S -  infomercial advertisers during our review of the issues raised by NIMA on reconsideration. W yO~-  ԍA stay of our rules will be granted where petitioner demonstrates: (1) it is likely to prevail on the merits of   <its petition for reconsideration (2) it will be irreparably injured if a stay is not granted; (3) issuance of a stay will  {O-  Ynot substantially harm other interested parties; and (4) issuance of a stay would be in the interests of the public. See  {O-  ZVirginia Petroleum Jobbers Association v. FPC, 259 F.2d 921, 925 (D.C. Cir. 1958), as modified by Washington  {O-  Metropolitan Area Transit Commission v. Holiday Tours, Inc., 559 F.2d 841 (DC Cir. 1977). The most important  {Ol-  ;of these factors is irreparable harm, without which the other factors need not be considered. See Wisconsin Gas Co.  {O6-v. FERC, 758 F.2d 669, 67374 (D.C. Cir. 1985). Effective   January 1, 1998, video programming distributors are required to provide substantially the same amount   of closed captioning that they offered in the first half of 1997, and pass through existing captions on  SX-  programs they distribute.pXX W {OP-ԍSee Report and Order at 18 and App. B, 79.1(b)(3).p The first benchmark that video program providers must meet during the eight  year transition period for closed captioning of new nonexempt programming takes effect in the first  S-  zcalendar quarter of 2000.M W {O -ԍId., App. B, 79.1(b)(1). M Thus, our rules provide for a gradual increase in the level of captioning and  S-  do not require that infomercial advertisers caption all of their programs as of January 1, 1998. The issues   jNIMA raises as grounds for a stay will be addressed by the Commission on reconsideration. NIMA has not met its burden for showing that a stay of the Commission's rules is warranted in this case. "@| ,>(>(IIr"Ԍ S-  % @5.` ` Accordingly, IT IS ORDERED pursuant to Sections 4(i), 4(j) and 303(r) of the   zCommunications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j) and 303(r), that the petition of  S-NIMA International for an Immediate Stay pending reconsideration IS DENIED .  S`-  6.` ` This action is taken pursuant to delegated authority under Section 0.321 of the  S8-Commission's rules, as amended.; 8W yO-ԍ47 C.F.R 0.321.; @ ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,William H. Johnson ` `  hh,Acting Chief, Cable Services Bureau