Individual Petitions for Exemption from the Closed Captioning Requirements - Economically Burdensome Basis

(formerly referred to as "undue burden petitions")

The Commission's rules provide procedures for petitioning the Commission for an exemption from the closed captioning rules where compliance with the rules would be economically burdensome. 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. A petition for an exemption must be supported by sufficient evidence to demonstrate that compliance with the closed captioning requirements would be economically burdensome (would result in a "significant difficulty or expense").

The Commission must consider the following factors in making an economically burdensome determination:

1. the nature and cost of the closed captions for the programming;
2. the impact on the operation of the provider or program owner;
3. the financial resources of the provider or program owner; and
4. the type of operations of the provider or program owner.

The petitioner also may present for the Commission's consideration "any other factors the petitioner deems relevant to the Commission's final determination," including alternatives that might constitute a reasonable substitute for closed captioning. There is no form to fill out.

Specifically, each petition should contain current documentation in accordance with the original factors outlined in section 713(e) of the Communications Act and Section 79.1(f) of the Commission's rules, to support a claim that providing closed captions would be economically burdensome (would result in a "significant difficulty or expense") as defined by the criteria listed above. In order to make such a showing, each petitioner must provide documentation of its financial status to demonstrate its inability to afford closed captioning. In addition, petitioners seeking an exemption should verify in their requests that they have obtained information about the costs they would incur to caption their programming, and that they have sought closed captioning assistance from their video programming distributors, as well as note the extent to which such assistance has been provided or rejected. Finally, each petitioner must indicate whether it has sought additional sponsorship sources or other sources of revenue for captioning and show that it does not have the means to provide captioning for its programming. Petitions must also be supported by an affidavit. Affidavit is defined in Webster's as "a written statement made under oath before an official."

Failure to support an exemption request with adequate explanation and evidence to make these showings will result in dismissal of the request.

Each petition that provides sufficient information will be placed on public notice, pursuant to the Commission's rules, and posted in the Commission's Electronic Comment Filing System (ECFS), to permit interested persons to file comments or oppositions to the petition. Comments and oppositions to the petition generally are due within 30 days from the date of the public notice. All comments and oppositions must reference CG Docket No. 06-181 and 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 be served on the petitioner at the address found on the petition, and include a certification that they have been served on the petitioner.

Any reply filed by a petitioner 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.

An original and two (2) copies of all comments, oppositions, and replies must be filed with the Commission. Filings may be sent by hand or messenger delivery in accordance with the filing instructions below for petitions.

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

We will conduct an individual review of each petition to determine the extent to which providing captioning would be economically burdensome for the petitioner, based on information provided in the petition and any comments received.

Instructions for Filing a Closed Captioning Exemption Petition

You must send the FCC an original and two (2) copies of your petition for closed captioning. Filings must be sent by hand or messenger delivery, commercial overnight courier, or by first class or overnight U.S. Postal Service mail.

For U.S. Postal Service mail, including Express Mail, Priority Mail, and First Class Mail, please use the following address:

     Office of the Secretary
     Federal Communications Commission
     Attention: Disability Rights Office, Room 3-B431
     445 12th Street, SW
     Washington, DC 20554

For commercial overnight mail, such as Federal Express or United Parcel Service, please use the following address:

     Office of the Secretary
     Federal Communications Commission
     Attention: Disability Rights Office, Room 3-B431
     9300 East Hampton Drive
     Capitol Heights, MD 20743

Electronic filing and faxes of petitions will not be accepted.

We will acknowledge receipt of your petition via postal mail. However, given delays associated with receiving postal mail at the Commission, please wait at least two weeks before contacting Commission staff to make inquiries about whether your petition has been received. You must include the case identifier number in all correspondence with the Commission regarding your petition.

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 and on the Commission's website. As such, petitioners should redact social security numbers and employee identification numbers from their submissions. Petitioners requesting confidential treatment of any information contained in a petition must specifically request such treatment in writing. Please note, however, that the "public version" of the petition must contain sufficient documentation to support the petitioner's claim that closed captioning would be economically burdensome.

Pursuant to the closed captioning rules, during the pendency of an economically burdensome determination, the video programming subject to the request for exemption shall be considered exempt from the closed captioning requirements. The "pending by" date is the date that the FCC receives the petition, indicated by the FCC's mailroom stamp.

If you have questions regarding this process please e-mail captioningexemption@fcc.gov.

Releases

2-10-12
Request for Comment; World Changes Tabernacle Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0089. CG Docket 06-181. DA 12-177
Public Notice: Word || PDF

2-10-12
Request for Comment; First United Methodist Church - Jefferson City, Missouri Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0135. CG Docket 06-181. DA 12-178
Public Notice: Word || PDF

2-10-12
Request for Comment; Unionville Missionary Baptist Church Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0197. CG Docket 06-181. DA 12-179
Public Notice: Word || PDF

2-10-12
Request for Comment; First Lutheran Church of Albert Lea, Minnesota Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0143. CG Docket 06-181. DA 12-180
Public Notice: Word || PDF

2-10-12
Request for Comment; Diocese of Gaylord, Michigan Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0270. CG Docket 06-181. DA 12-181
Public Notice: Word || PDF

2-10-12
Request for Comment; New Testament Church Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0537. CG Docket 06-181. DA 12-182
Public Notice: Word || PDF

2-10-12
Request for Comment; Archery Adventures, LLC Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0820. CG Docket 06-181. DA 12-183
Public Notice: Word || PDF

2-10-12
Request for Comment; Abundant Life Evangelistic Center Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-1192. CG Docket 06-181. DA 12-184
Public Notice: Word || PDF

2-8-12
Request for Comment; First United Methodist Church, Lufkin, TX Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0318. CG Docket 06-181. DA 12-166
Public Notice: Word || PDF

2-8-12
Request for Comment; Bull Street Baptist Church Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0257. CG Docket 06-181. DA 12-165
Public Notice: Word || PDF

2-8-12
Request for Comment; First Baptist Church Montgomery, Alabama Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0225. CG Docket 06-181. DA 12-164
Public Notice: Word || PDF

2-8-12
Request for Comment; Dawson Memorial Baptist Church Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0144. CG Docket 06-181. DA 12-163
Public Notice: Word || PDF

2-8-12
Request for Comment; Niagara Ministries Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0009. CG Docket 06-181. DA 12-162
Public Notice: Word || PDF

2-8-12
Request for Comment; Main Street Living, Inc. Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-0004. CG Docket 06-181. DA 12-161
Public Notice: Word || PDF

12-6-11
Request for Comment; The Africa Channel Request for Exemption from Commission's Closed Captioning Rules. CGB-CC-1133. CG Docket 06-181. DA 11-1978
Public Notice: Word || PDF