FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 1,390
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PUBLIC NOTICE
Federal Communications Commission
445al Communications Commission St., S.W. News Media Information 2021418.0500
445 12" St., S.W. Intemet: http://www.fcc.gov
Washington, D.C. 20554 TTY: 14888-835-5322
DA 12-166
Released: February 8, 2012
REQUEST FOR COMMENT
REQUEST FOR EXEMPTION FROM COMMISSION'S CLOSED CAPTIONING RULES
CGB-CC-0318
CG Docket No. 06-181
First United Methodist Church, Lufkin, TX (FUMC Lutkin) has filed a petition for exemption for its program
"First United This Morning" from the closed captioning requirements, pursuant to Section 79.1 of the
Commission's rules, 47 C.F.R. 79.1. Petitioner claims that compliance would impose an "undue economic
burden," as defined in Section 79.1(f) of the Commission's rules, 47 C.F.R. 79.1(f).'
Comments and oppositions are due within 30 days from the date of this public notice. The case identifier,
CGB-CC-0318, must be placed on all filings. Comments and oppositions sent via e-mail to the Commission
will be considered informal and are not part of the official record.
Filing Instructions
An original and two (2) copies of all comments, oppositions, and replies must be filed with the Commission.
Filings can be sent by hand or messenger delivery, commercial overnight courier, or by first class or
overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal
Communications Commission, Attn: CGB Room 3-B431.
' Prior to the enactment of the Twenty-First Century Communications and Video Accessibility Act. Pub. L. No. 111-260,
124 Stat. 2751 (2010). (CVAA) in October 2010, petitioners seeking individual exemptions from the closed captioning
requirements sought "undue burden" exemptions. Although the CVAA replaced the "undue burden" terminology with
the term "economically burdensome," (47 U.S.C. 613(d) as amended by Sec. 202(c) of the CVAA), in light of the
CVAA's legislative history, the Commission adopted an Interim Order continuing to use the undue burden factors
contained in Section 713(e) of the Act in evaluating petitions for individual captioning waivers. For a fuller discussion
of this and related issues, see Anglers for Christ Ministries, Inc., Memorandum Opinion and Order, Order, and Notice of
Proposed Rulemaking, CG Docket Nos. 06-181 and 11-175, 26 FCC Red 14941 at 14960, 36 (2011)("Anglers Reversal
MO&O"), which can be found at http:itransition.fcc.govicgbfdroicaption.htnml. Accordingly, this proceeding will use
the "economically burdensome" terminology and the four undue burden factors contained in section 713(e) in evaluating
FUMC Lufkin's petition.1390
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94251/m1/468/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.