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Public Notice PUBLIC NOTICE Federal Communications Commission News Media Information 202 / 418-0500 445 12th St., S.W. Internet: http://www.fcc.gov Washington, D.C. 20554 TTY: 1-888-835-5322 DA 12-1833 Released: November 14, 2012 NOTICE OF EXEMPTION DISMISSALS AND OBLIGATION TO BEGIN PROVIDING CLOSED CAPTIONING CG Docket No. 06-181 On April 2, 2012, the Consumer and Governmental Affairs Bureau (Bureau) released a Public Notice1 alerting certain entities that had filed petitions for exemption from the Federal Communications Commission’s (FCC’s or Commission’s) closed captioning rules before October 8, 2010, of the need to take specific action by July 5, 2012 to update their pending petitions.2 The April Public Notice stated that any petitioner that did not take the necessary action by July 5, 2012 would have its pending petition dismissed without prejudice.3 This Notice identifies the petitions that were dismissed on July 5, 2012, pursuant to the procedures described in the April Public Notice. As indicated below, this Notice also serves to remind these petitioners of their obligation to provide closed captioning, which began on July 6, 2012, unless a new petition for exemption has since been filed with the Commission. The April Public Notice addressed unresolved petitions for exemption that were filed before passage of the Twenty-First Century Communications and Video Accessibility Act (CVAA) on October 8, 2010.4 Although some of these petitions were previously placed on public notice, no decision to grant or to deny was ever made regarding these petitions. Because considerable time had passed since many of these petitions were first filed, and various circumstances including, but not limited to, the financial status of the petitioners and the cost of captioning may have changed, the Bureau required each petitioner whose petition was listed in the April Public Notice,5 to do one of the following by July 5, 2012: (1) file an affirmation with the FCC that 1 Notice of Need to File Updated Information with Respect to Pending Petitions for Exemption from Commission’s Closed Captioning Rules which Were Filed Prior to October 2010, Public Notice, Docket No. CG 06-181, 27 FCC Rcd. 3106 (April Public Notice). 2 On April 13, 2012, the FCC released an Erratum amending the dismissal date identified in the April Public Notice from July 2, 2012 to July 5, 2012, and stating that any petitioner listed in the April Public Notice that did not take the necessary action by July 5, 2012 would have its pending petition dismissed without prejudice on July 5, 2012. Consistent with the Erratum, the Federal Register Notice identified the dismissal date as July 5, 2012. See 77 FR 26550. 3 See April Public Notice, 27 FCC Rcd. at 3108. 4 Any petition filed after passage of the CVAA (i.e., after October 8, 2010) is not subject to this Notice and will be addressed individually. Pursuant to amendments enacted under the CVAA, petitions for exemption filed after passage of the CVAA must be resolved within six months after the Commission receives the petition, unless the Commission finds that an extension of this time is necessary to determine whether such requirements are economically burdensome. See 47 U.S.C. § 613(d)(3). 5 See April Public Notice, 27 FCC Rcd at 3110 (Appendix). its previously submitted petition and supporting information were accurate and up-to-date; (2) file updated information in accordance with the Commission’s rules to support its claim that captioning its program(s) would be economically burdensome; or (3) withdraw its previously submitted petition.6 The April Public Notice alerted petitioners that if they did not take one of the steps listed above by July 5, 2012, their petitions would be dismissed without prejudice on July 5, 2012.7 The Bureau sent a copy of the April Public Notice, along with instructions on filing updated information, by certified mail, return receipt requested, to each petitioner at its last known address. The petitioners listed in the attached Appendix did not take one of the above steps by July 5, 2012; therefore, their respective petitions were dismissed on July 5, 2012. Accordingly, these petitioners were required to begin captioning their programs on July 6, 2012. In this regard, we note that if the programming that was the subject of a petition listed herein aired without captions after the dismissal date of July 5, 2012, the video programming distributor that aired such programming may be in violation of the Commission’s closed captioning rules from that date up until the time that a new petition is filed.8 To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). This Notice can also be downloaded in Word and Portable Document Format at http://www.fcc.gov/encyclopedia/economically-burdensome-exemption-closed- captioning-requirements. Consumer & Governmental Affairs Bureau Contact: Traci Randolph (202) 418-0569 (voice), (202) 418-0537 (TTY); e-mail [email protected]. 6 See April Public Notice, 27 FCC Rcd at 3108. 7 Id. 8 If any petitioner listed herein filed a new petition after July 6, 2012, such petition is considered pending as of the date it was received at the Commission. While a petition for exemption is pending, the video programming that is subject to the petition is exempt from the closed captioning requirements. 47 U.S.C. § 613(d)(3); 47 C.F.R. § 79.1(f)(11). Pending petitions can be found in the Commission’s Electronic Comment Filing System (ECFS) in Docket No. CG 06-181 at http://apps.fcc.gov/ecfs/. 2 APPENDIX Case Petitioner Program Mailing Address Identifier Name CSR 5979 Complete “The American Schlagel, Damore & Gordon, LLC Video Outdoorsman” Attn: Melissa C. Carpani Productions 201 E. Loula, P.O. Box 10 Olathe, KS 66051-0010 Re: Complete Video Productions 6930 Rural “Rural Rural Heritage Heritage Heritage” 281 Dean Ridge Lane Gainesboro, TN 38562-5039 Case Petitioner Program Mailing Address Identifier Name CGB-CC- 0003 Annabelle “Cal-Hi Sports Annabelle Productions, Inc. Productions Bay Area” 6017 Ostenberg Dr. San Jose, CA 95120 0012 S&B “Reno’s S & B Productions Productions Backstage 3417 Ridgecrest Dr. Pass” Reno, NV 89512 0013 MDR “MDR MDR Consulting Consulting Television” 13410 Preston Rd., Suite 1395 Dallas, TX 75240 0014 Quebedeaux Quebedeaux Pontiac-GMC Pontiac- 4251 East 5th St. GMC Tucson, AZ 85711 0016 Bubba “The House Bubba Newman Productions Newman Detective” 3690 Grant Dr., Suite C Productions Reno, NV 89509 0017 Crisp & Cole “Crisp & Cole Crisp & Cole Productions Productions Connection” 5650 District Blvd., Suite #103 Bakersfield, CA 93313 0019 Wrestle, Inc. “Wrestle Michael Trucks Birmingham” Trucks & Trucks 4505 Gary Ave. Fairfield, AL 35064 0021 V Labar “Live Action V Labar Productions Productions Wrestling” 110 Patrick Court, Suite A Rocky Mount, NC 27804 3 Case Petitioner Program Mailing Address Identifier Name CGB-CC- 0022 National “We are National Television Education Television Tomorrow… Foundation, Inc. Education R-U?” P.O. Box 752022 Foundation, Memphis, TN 38175 Inc., 0026 Communica- “Lawyers, Communications Unlimited tions Guns, and 10148 Indian Ridge Drive Unlimited Money” Reno, NV 89511 0027 Parenting “Parenting Parenting Today Television Show Today Today” 10940 S. W. Barnes Rd. #369 Portland, OR 97225 0032 Harvest Life Harvest Life Changers Church Changers 14401 Telegraph Road Church Woodbridge, VA 22192 0035 Caribou “The Caribou Caribou Productions Productions Show” P.O. Box 91316 Sioux Falls, SD 57107 0037 Ultimate “Ultimate Ultimate Combat Experience Combat Combat 4095 West 4715 South Experience Experience” Salt Lake City, UT 84118 0040 Greater “Destiny Greater Fellowship Ministries Fellowship Through the 1523 Bowman Road, Suite E Ministries Word” Little Rock, AR 72212 0047 KJLA Barry Friedman Thompson Hine, LLP 1920 N St, N.W. Washington, DC 20036 Re: KJLA 0048 Florida Florida Knowledge Network Knowledge Florida Department of Education Network Suite B1-14 325 West Gaines St. Tallahassee, FL 32399-0400 0049 Engle Engle Broadcasting Broadcasting P.O. Box 288 Cedar Brook, NJ 08018 0050 Bob Robbins “Bob Robbins Bob Robbins Outdoors Outdoors Outdoors” 10800 Colonel Glenn Rd. Little Rock, AR 72204 4 Case Petitioner Program Mailing Address Identifier Name CGB-CC- 0053 The Alabama “Outdoor The Alabama Conservation and Conservation Alabama” Natural Resource Foundation and Natural 64 Union St, Suite 449 Resources Montgomery, AL 36104 Foundation 0054 TJA TJA Advertising Advertising/ 75 Zaca Lane, Suite 110 3Way San Luis Obispo, CA 93401 Chevrolet 0062 A&S Media, “The Remax A&S Media, LLC LLC Showcase of 1119 E. Clinton Ave. Homes” Huntsville, AL 35801 0071 The Catholic “The Catholic DiVito & Higham, P.A. Mass- St. Mass” 4514 Central Avenue Petersburg, St. Petersburg, FL 33711-1041 FL Re: The Catholic Mass 0073 Dyson Media Dyson Media Group Group 8330 West Sahara Ave. Las Vegas, NV 89117 0074 Global Media Global Media Marketing, Inc. Marketing, 1032 W. Taft Ave. Inc. Orange, CA 92865 0079 Eastern Eastern Outdoors TV Outdoors TV 2505 Washington Blvd., Suite H Belpre, OH 45714 0084 TDS “Focus on TDS Management Group, Inc. Management Diversity with 6737 W. Washington St., Ste. 2223 Group, Inc Troy Shaw” West Allis, WI 53214 0087 The Garden “The Garden The Garden Party Network Party Guru Show” 9401 Shellabarger Rd. Network Bakersfield, CA 93312 0088 The “Pennsylvania The Leadership Group Leadership Newsmakers” Newsmakers Productions, Inc. Group, 6300 Smithfield St. Newsmakers Boston, PA 15135 Productions, Inc. 5 Case Petitioner Program Mailing Address Identifier Name CGB-CC- 0091 HuntFish- HuntFishCook Cook 2221 Lytle Street Huntsville, AL 35801 0095 Arrow Group Arrow Group Realty Development Realty Inc. d/b/a Coldwell Banker America Development West Inc.
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