On Friday, the FCC’s Media Bureau issued a decision that extends until January 1, 2014 the deadline for all online video programming distributors (“VPDs”) to implement user controls in connection with their delivery of Internet Protocol closed captioning.   Prior to this decision, VPDs that provide applications or plug-ins in order to deliver video programming had until September 30, 2012 to add the next-generation closed captioning capability, which offers users an array of control features.  In the same decision, the Media Bureau refused a request to extend the September 30, 2012 deadline for VPDs to be able to render basic online captioning.

The Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) directed the FCC to require VPDs that distribute online content that has previously aired on television  to provide users with closed captions of such programming.  Only online-delivered full-length programming that previously appeared on television with captions in the United States is covered by the new rules.  In a January 12, 2012 decision (consumer-facing summary), the Commission adopted rules that require VPDs to pass through or render closed captions of covered programming.  In addition, the decision required that if the VPD uses an application or plug-in to display its video programming, then the VPD also must comply with the advanced closed captioning standard known as CEA-708, which gives users the ability to control the font type, font size, colors, opacity and other features.

In May, the Digital Media Association (DiMA) filed two petitions seeking a temporary waiver of the FCC’s rules for the class of VPDs.  The first petition requested a waiver for the class of all VPDs until January 1, 2014 for compliance with the user control requirements in connection with the IP closed captioning, on the grounds that the technological challenge to design, test and implement the advanced IP closed captioning standard could not be accomplished in the short time frame.   The second petition requested a waiver until January 2014 for the rendering requirement for the class of those VPDs that currently are not offering basic closed captions.  The Media Bureau granted the first but not the second petition.

As a result of the FCC’s decision, VPDs must be capable of providing basic closed captions for covered full-length online programming that previously appeared on television with captions beginning on September 30, 2012.  VPDs that provide applications or plug-ins in order to deliver video programming must ensure that new software or upgrades that they provide beginning on January 1, 2014, must be capable of implementing the more advanced user controls.  Once the deadlines above are met, VPDs must apply these capabilities to specific classes of covered programming according to the following staggered schedule previously established by the FCC:

Covered Video Programming Supplied After September 30

  • All prerecorded programming that is not edited for Internet distribution and is subject to the new requirements must be captioned if it is shown on television with captions on or after September 30, 2012.
  • All live and near-live programming subject to the new requirements must be captioned if it is shown on television with captions on or after March 30, 2013.
  • All prerecorded programming that is edited for Internet distribution and is subject to the new requirements must be captioned if it is shown on television with captions on or after September 30, 2013.

Covered Archived Video Programming

  • Such programming is not subject to IP captioning requirements until March 30, 2014.
  • If the archival programming is shown on television with captions on or after March 30, 2014 and before March 30, 2015, the programming must be captioned within 45 days after it is shown on television with captions.
  • If the archival programming is shown on television with captions on or after March 30, 2015 and before March 30, 2016, the programming must be captioned within 30 days after it is shown on television with captions.
  • If the archival programming is shown on television with captions on or after March 30, 2016, the programming must be captioned within 15 days after it is shown on television with captions.