
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC613]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                 SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
 
Sec. 613. Video programming accessibility


(a) Commission inquiry

    Within 180 days after February 8, 1996, the Federal Communications 
Commission shall complete an inquiry to ascertain the level at which 
video programming is closed captioned. Such inquiry shall examine the 
extent to which existing or previously published programming is closed 
captioned, the size of the video programming provider or programming 
owner providing closed captioning, the size of the market served, the 
relative audience shares achieved, or any other related factors. The 
Commission shall submit to the Congress a report on the results of such 
inquiry.

(b) Accountability criteria

    Within 18 months after February 8, 1996, the Commission shall 
prescribe such regulations as are necessary to implement this section. 
Such regulations shall ensure that--
        (1) video programming first published or exhibited after the 
    effective date of such regulations is fully accessible through the 
    provision of closed captions, except as provided in subsection (d) 
    of this section; and
        (2) video programming providers or owners maximize the 
    accessibility of video programming first published or exhibited 
    prior to the effective date of such regulations through the 
    provision of closed captions, except as provided in subsection (d) 
    of this section.

(c) Deadlines for captioning

    Such regulations shall include an appropriate schedule of deadlines 
for the provision of closed captioning of video programming.

(d) Exemptions

    Notwithstanding subsection (b) of this section--
        (1) the Commission may exempt by regulation programs, classes of 
    programs, or services for which the Commission has determined that 
    the provision of closed captioning would be economically burdensome 
    to the provider or owner of such programming;
        (2) a provider of video programming or the owner of any program 
    carried by the provider shall not be obligated to supply closed 
    captions if such action would be inconsistent with contracts in 
    effect on February 8, 1996, except that nothing in this section 
    shall be construed to relieve a video programming provider of its 
    obligations to provide services required by Federal law; and
        (3) a provider of video programming or program owner may 
    petition the Commission for an exemption from the requirements of 
    this section, and the Commission may grant such petition upon a 
    showing that the requirements contained in this section would result 
    in an undue burden.

(e) Undue burden

    The term ``undue burden'' means significant difficulty or expense. 
In determining whether the closed captions necessary to comply with the 
requirements of this paragraph would result in an undue economic burden, 
the factors to be considered include--
        (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.

(f) Video descriptions inquiry

    Within 6 months after February 8, 1996, the Commission shall 
commence an inquiry to examine the use of video descriptions on video 
programming in order to ensure the accessibility of video programming to 
persons with visual impairments, and report to Congress on its findings. 
The Commission's report shall assess appropriate methods and schedules 
for phasing video descriptions into the marketplace, technical and 
quality standards for video descriptions, a definition of programming 
for which video descriptions would apply, and other technical and legal 
issues that the Commission deems appropriate.

(g) Video description

    For purposes of this section, ``video description'' means the 
insertion of audio narrated descriptions of a television program's key 
visual elements into natural pauses between the program's dialogue.

(h) Private rights of actions prohibited

    Nothing in this section shall be construed to authorize any private 
right of action to enforce any requirement of this section or any 
regulation thereunder. The Commission shall have exclusive jurisdiction 
with respect to any complaint under this section.

(June 19, 1934, ch. 652, title VII, Sec. 713, as added Pub. L. 104-104, 
title III, Sec. 305, Feb. 8, 1996, 110 Stat. 126.)


                            Prior Provisions

    A prior section 613, act June 19, 1934, ch. 652, title VII, 
Sec. 713, as added Nov. 16, 1988, Pub. L. 100-667, title II, Sec. 203, 
102 Stat. 3958, related to report to Congress on discrimination, prior 
to repeal by Pub. L. 103-414, title III, Sec. 304(a)(18), Oct. 25, 1994, 
108 Stat. 4297.
