As of March 30, 2013, distributors of video programming (“VPDs”) online using Internet Protocol (“IP”) must pass through closed captions for programming which previously aired live or “near-live” on television with closed captions.  These newly effective captioning rules represent the second of three primary IP closed captioning compliance deadlines adopted as part of the FCC’s2012 IP Closed Captioning Report and Order (“Order”), pursuant to the Twenty-First Century Video Accessibility Act.

Below, we briefly summarize some of the key obligations and captioning deadlines under the IP closed captioning rules.

VPD Obligations. VPDs must comply with the new rules to the extent that they provide IP-delivered video programming (for example, through a TV Everywhere-type of offering or other over-the-top video service) when such a streaming video service is not distributed as part of their traditional managed MVPD service.  This means that VPDs must ensure the receipt and necessary processing of caption files accompanying programming from the video programming owners (“VPOs”) when distributing the programming online.  This includes an obligation to ensure that plug-ins, applications, and devices are capable of rendering or passing through the closed captioning as well.

Exceptions. An MVPD that also provides broadband Internet access service and acts only as a means for its Internet subscribers to access IP video programming distributed by an online video distributor (e.g., Hulu, Netflix, Amazon) would not be responsible for ensuring compliance with captioning rules for video received by one of their subscribers from such online entities.  The new rules also do not change the existing television closed captioning rules currently applicable to programming distributed by MVPDs over their traditional managed video services platform (e.g., linear cable channels, video-on-demand), even if delivered by IP.

Covered Programming. The new IP closed captioning rules apply to full length video programming previously published or exhibited on broadcast television or on a cable television channel with captions that is redistributed using IP by a VPD.  The Order established three primary categories of covered video programming and adopted separate captioning deadlines for each:

• Programming not edited for Internet distribution:  rules went into effect on September 30, 2012.
• Live and “near-live” programming:  rules went into effect on March 30, 2013.
• Prerecorded programming that is edited for Internet distribution:  rules will go into effect onSeptember 30, 2013.

Contact Information. VPDs must make contact information available to consumers for receipt and handling of complaints.  The FCC declined to specify how VPDs must provide this contact information, but expects that VPDs will prominently display their contact information in a way that it is accessible to all end users of their services.  A general notice on the VPDs website would be sufficient.

The contact information must be kept current, updated within 10 business days of any change, and include:

• The name of a person with primary responsibility for Internet protocol captioning issues and who can ensure compliance with these rules; and
• The person’s title or office, telephone number, fax number, postal mailing address, and e-mail address.

Compliance Deadlines for Devices. Effective January 1, 2014, many manufacturers of digital apparatus designed to receive or play back video programming (such as smartphones, tablets, personal computers, TV set-top boxes, removable media players) must make them capable of rendering of passing through closed captions.  Professional and commercial equipment and display-only monitors are excluded.

For more information about IP closed captioning, please contact Elvis Stumbergs at (202) 872-6881 or estumbergs@cm-chi.com, or Scott Friedman at (312) 372-3930 or sfriedman@cm-chi.com.