FCC Sets Dates for Internet Captioning

On March 30, 2012, the Federal Communications Commission (“FCC”) published compliance deadlines for the closed captioning of video programming delivered using Internet protocol. The Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”) requires the FCC to adopt these deadlines, effective April 30, 2012, which means any video programming aired on television with captions, must also have captions when transmitted on the Internet on or after that date. FCC rules establish dates where online programming must appear with captions:

(1) September 30, 2012, for all prerecorded programming, unedited for Internet distribution.
(2) March 30, 2013, for all live and near-live programming on television.
(3) September 30, 2013, for all prerecorded programming, edited for Internet distribution.

All nonexempt video programming already in a video programming distributor’s or provider’s library before it is shown on television must be captioned:

Within 45 days after the program airs on television on or after March 30, 2014, and before March 30, 2015.
Within 30 days after the program airs on television on or after March 30, 2015, and before March 30, 2016.
Within 15 days after the program airs on television on or after March 30, 2016.

These obligations apply to video programming owners, distributors, and providers, including copyright owners.

For further information, see http://www.gpo.gov/fdsys/pkg/FR-2012-03-30/pdf/2012-7247.pdf.