FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 1,947
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K PUBLIC NOTICE
Federal Communications Commission News Media Information 2021418-0500
445 12' St., S.W. Internet: http:llwww.fcc.gov
Washington, D.C. 20554 TTY: 1-88435-322
Released: February 21, 2012
NOTICE OF EXEMPTION DISMISSALS AND
OBLIGATION TO BEGIN PROVIDING CLOSED CAPTIONING
CG Docket No. 06-181
On October 20, 2011, the Federal Communications Commission (Commission) adopted a
Memorandum Opinion and Order (MO&O) ' reversing a Consumer and Governmental Affairs Bureau (CGB)
Order (Anglers Order) that had granted individual exemptions from the closed captioning rules to two
petitioners, Anglers for Christ Ministries, Inc. and New Beginning Ministries.3 The MO&O also reversed 296
additional closed captioning exemptions, each of which had relied on the reasoning contained in the Anglers
Order. The MO&O ordered the dismissal of all 298 exemptions 90 days after the release date of the MO&O.4
This Notice serves to confirm that these petitions were dismissed on January 18. 2012. As indicated below,
this Notice also serves to remind petitioners of the obligation to provide closed captioning to the extent they
have not timely filed a new petition for exemption, and they are still airing the programming that was the
subject of the petition.
The MO&O stated that any entity whose petition would be dismissed on the above date could
continue receiving an individual closed captioning exemption if, within 90 days from the release of the
MO&O, it filed a new petition for exemption with updated evidence supported by affidavit, demonstrating its
1 Anglers for Christ Ministries, hic., New Beginning Ministries, Petitioners Identified in .4ppendix A, Interpretation of
Economically Burdensome Standard; Amenment of Section 79.1(f) of the Commission 's Rules; Video Programming
Accessibility, Memorandum Opinion and Order, Order, and Notice of Proposed Rulemaking. CG Docket Nos. 06-181
and 11-175. 26 FCC Red 14941 (MO&O)(2011).
2 Anglers for Christ Ministries, hc., New Beginning Ministries, Video Programming Accessibility, Petitions for
Etemptionfrom Closed Captioning Requirements. CGB-CC-0005 and CGB-CC-0007, Memorandum Opinion and
Order. 21 FCC Rcd 10094 (Anglers Order) (CGB 2006).
3 These exemptions, and all other exemptions discussed in this Public Notice. were granted under Section 713 (d) of the
Communications Act, 47 U.S.C. 613(d), which previously authorized exemptions to individual petitioners who could
prove that providing closed captions would result in an undue burden. See also 47 C.F.R. 79.1(f). In October 2010,
Section 202(c) of the Twenty-First Century Communications and Video Accessibility Act, Pub. L. No. 111-260,
amending 47 1.S.C. 613(d), replaced the "undue burden" terminology with the term "economically burdensome."
Pursuant to an Order that accompanied the MO& O, the Commission has been continuing, on an interim basis, to use the
factors originally applicable to the undue burden analysis contained in Section 713(e) of the Act when evaluating
petitions for individual captioning waivers under the economically burdensome standard. For a fuller discussion of this
Order. see MO&O, 26 FCC Red 14941 at 14960. 30-37.
" MO&O. 26 FCC Red at 14965. 55.
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc94252/m1/88/: accessed January 22, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.