Understanding FCC Exemptions for Online Video Captioning Requirements (Full Transcript)

Speaker 1: Exemptions. There are a few exceptions to the above rules. First, there is no requirement for an entity to caption video clips on the Internet if that entity has already posted those clips online before the programming was shown on television with captions. Second, for now, all of the requirements on video clips apply only to the video programming distributor's own website or apps. For example, a video clip from a program shown on CBS must be captioned if posted on the CBS website. However, if that same video clip is shown on a different website, it does not have to be captioned on that second website. Third, if a program is exempt from the television captioning rules and it has not been captioned when shown on television, video clips from that program do not have to be captioned when posted online. FCC rules only require shows that have been captioned on TV to be shown on the Internet with captions. Here are some examples of the exceptions to the television captioning requirements. Advertisements that are less than five minutes, primarily textual programs, programs distributed in late-night hours between 2 a.m. and 6 a.m., or if distributed in multiple time zones, a four-hour period between midnight and 7 a.m. Promotional announcements, such as a short segment announcing, we'll be right back, or similar interstitials are exempt. The same applies to public service announcements, PSAs, on a variety of topics that the public may want to be aware of. Such types of programming under 10 minutes in length are exempt from captioning requirements. Long news programs locally produced with no repeat value and for which the electronic newsroom technique, which produces captions from scripts entered into teleprompters, is not available. Shows on new networks for the first four years after launch. Primarily non-vocal musical programs, captioning expenses in excess of 2% of gross revenues from that channel. Channels or program streams producing revenues of under $3 million. In addition to these exemptions, programmers can petition the FCC to exempt their individual programs or channels and receive an exemption if the FCC determines that captioning would be economically burdensome for the petitioner. Note that even if a program has an exemption from captioning rules, if it is shown with captions on TV, it must be captioned when put on the internet. In addition, even if exempt under FCC rules, entities may still be obliged, under other federal laws, to make their programs accessible to individuals with disabilities.