fcc closed captioning requirements: how some networks are staying ahead of the curve

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1 FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve www.3playmedia.c om twitter: @3playmedia Type questions in the window during the presentation This presentation is being recorded and will be available for replay To view live captions, please click the link in the chat window Peter Bothe Director of Operations Time Warner Cable SportsNet Maria Browne Partner Davis Wright Tremaine LLP Lily Bond (Moderator) Marketing Manager [email protected]

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Page 1: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

1

FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead

of the Curve

www.3playmedia.comtwitter: @3playmedia

Type questions in the window during the presentation This presentation is being recorded and will be available for replay To view live captions, please click the link in the chat window

Peter BotheDirector of Operations

Time Warner Cable SportsNet

Maria BrownePartner

Davis Wright Tremaine LLP

Lily Bond (Moderator)Marketing Manager

[email protected]

Page 2: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

WHO IS TIME WARNER CABLE SPORTS?

Partnered with Dodgers, Lakers, Galaxy, Sparks, WCC, and Mountain West

Pre-Game, Half-Time, Post-Game Coverage of Team Partners

Nightly Live Studio Shows and Docu-Reality Original Programming

First Spanish-Language RSN in U.S.

Page 3: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

TWCS CAPTIONING STRATEGY

• Viewers want to consume content on their own terms

• Traditional viewing paradigm is shifting

• Captioning content critical to supporting the shift

• FCC Compliance (while mandatory) is ancillary benefit

Page 4: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

TWCS CAPTIONING STRATEGY

• Current Approach:

• Live caption all games and shoulder programming

• Offline caption all Original Programming (3Play)

• All Acquired/Licensed Programming delivered with captioning

Page 5: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

TWCS CAPTIONING STRATEGY

• Web and User-Authenticated Streaming and VOD Strategy

• TWCS has atypical compliance deadline (10/1/16)

• Updating Media Player on Site/App to support real-time and offline captioning

• Developing automated workflow for publishing captioning files for short form content across all platforms

• Integrate 3Play and Media Asset Management• Automation has inherent operational advantages• Removes human error

Page 6: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

Accessibility of Online Video Programming and Emergency Information

December 9, 2015

Prepared by: Maria Browne [email protected]

Page 7: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

Overview – What We’ll Cover

Closed captioning requirements for Internet protocol (IP) delivered video programming required by 21st Century Communications and Video Accessibility Act (CVAA), including clips, with some TV background

Possible online video description requirements Online emergency information requirements

Page 8: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

ONLINE CLOSED CAPTIONING

Page 9: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

IP-Delivered Video Captioning

What’s covered?

Full length programs, once exhibited with captions on TV in U.S. whether required by FCC rules or voluntarily, must be captioned when distributed via IP

– “Full length video programming” includes a full-length program when it is distributed via IP, as well as a full-length program that is posted online in its entirety in multiple segments for easy viewings

Starting Jan. 1, 2016, IP-delivered clips from programming with captions on TV in U.S. if posted on websites or apps by entity that distributed on TV with captions (programmers/distributors)

– Clips are “excerpts of full-length video programming” – 10 sec or 10 min

– Third party websites subject of further FCC rulemaking

Page 10: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

TV Caption Refresh – FCC Rules

Unless channel or specific program is exempt, must close caption: 100% of English- and Spanish- language

“new” programming – For analog, “new” is programming first

published/exhibited on or after 1/1/98

– For digital, it is programming first aired on or after 7/1/02

Also, 75% English- and Spanish- language “pre rule” programming‑– For analog, pre-rule is before 1/1/98

– For digital, pre-rule is before 7/1/02

Page 11: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

TV Exemptions

Channel-specific: Annual channel revenue less than $3 million

Captioning costs in excess of 2% gross revenue

New networks first four years of channel operation

Program/content-specific: Programming over which distributor has no control (e.g., must-carry broadcast,

public access, etc.)

Late night (2 to 6 a.m. local time)

Interstitials, promos, and PSAs 10 minutes or less in duration

Primarily textual and non-vocal musical

Foreign language other than Spanish

Page 12: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

IP-Delivered Video Captioning

Who’s covered by IP Captioning Rules?

Video Programming Distributor (VPD): Entity that makes programming available to end user over IP

Video Programming Owner (VPO): Entity producing and/or licensing programming to VPD

– Or, acts as the VPD and has right to license (website)

IP rules do not apply if programming on “traditional managed” service is delivered via IP – rather, the rules for TV captioning apply

Page 13: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

IP Video Compliance Obligations

VPOs must deliver covered program files with captions to VPDs

VPDs must use good faith to ensure covered programs captioned, and

Render or pass through captions to end user

Ensure required apps, plugins or software pass through or render and meet presentation specs

Both:

Must agree on ongoing “certification” mechanism

– Can be via affiliate website

All:

Captioning must be same quality as on traditional TV with respect to completeness, placement, accuracy and timing

Page 14: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

FCC Captioning Quality Standards Extend to IP

Four standards designed to ensure captioning quality replicates the auditory experience of TV programming

– Accuracy – must reflect dialogue, music, and other sounds, and identify all speakers, all with proper grammar/punctuation

– Synchronicity – video and audio content must match up

– Completeness – must run from beginning to end of program

– Placement – may not to block other visual content on screen, such as faces, text, graphics, etc.

* No quantitative metrics, and application of all four differs based on whether program is prerecorded, near-live or live

Page 15: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

ADA and State Law Overlap

DOJ says Netflix must caption – Federal District Court in Mass denies motion to dismiss (2012)

Ninth Circuit ruled that a claim for violation of California’s Unruh Act (one of the state’s ADA Title III-corollary statutes) required intentional, willful, affirmative discriminatory action by a public accommodation to prevail (did not raise ADA claim)

Page 16: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

IP Captioning Effective Dates

Newly aired full length content must be captioned Archival full length programming (i.e., already in the video programming distributor's

or provider’s library before it is shown on television with captions) must be captioned:– 45 days after shown on television with captions on or after March 30, 2014 and before

March 30, 2015

– 30 days after shown on television with captions on or after March 30, 2015 and before March 30, 2016

– 15 days after shown on television with captions on or after March 30, 2016

IP Video Clips– Newly posted “straight lift” IP video clips (January 1, 2016)

– Newly posted clip “montages” or compilations of “straight lift” clips (January 1, 2017)

– Newly posted clips of a time-sensitive nature – live or near-live programming – but with 8- or 12-hour grace period (July 1, 2017)

– Does not apply to IP video clips in VPDs’ online libraries prior to above dates

– Also does not apply to clips posted on third-party websites or apps

Page 17: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

Enhanced Functionality: Apps and Equipment

IP video applications, plug-ins and devices “offered” or upgraded after Jan. 1, 2014 by video programmer distributors (VPDs) must implement the enhanced captioning technical capabilities set forth in FCC rule 79.103(c) for presentation, character color, opacity, size, font and edge attributes, background color and opacity, window color, preview and setting retention

– “Offered” is preinstalled or required to download

ANY equipment used to receive or play back programming used with screens that are 13” or larger (desk and lap tops) must implement enhanced functionality if technically feasible – SMPTE-Timed Text format is safe harbor

Equipment used to receive or play black programming with screens less than 13” (tablets and phones) have achievability defense

Page 18: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

VIDEO DESCRIPTION

Page 19: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

Video Description

Video description is the aural description of visual elements on screen

Television is limited to top providers and 50 hours quarterly

No video description requirement for IP Video yet

– FCC reported to Congress

– However, FCC recently released rules requiring description for IP emergency information in its Second Screens Order

Page 20: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

Video Description on TV

… FCC issued Further NPRM April 2013 asking:

– Whether an MVPD must meet its description SAS pass-through obligation when it permits subscribers to access linear video programming via apps or plug-ins on tablets, laptops, PCs, smartphones or other similar devices? Should manufacturers have any obligation? Or both?

– If so, how does the technical capacity exception apply?

– Should FCC mandate a particular tag for video description stream?

– Should FCC mandate customer support such as dedicated accessible online chat for SAP issues and posting/filing of contact information to address concerns?

Page 21: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

EMERGENCY INFORMATION

Page 22: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

What is “Emergency Information?”

“Emergency Information” includes critical details (news/crawls) about an emergency and how to respond

– Includes areas impacted by emergency, evacuation orders/routes, approved shelters, how to secure property, road closures and relief assistance

– Also includes immediate weather, school closings and bus scheduling, power outages and explosions

Primarily in area(s) where emergency is occurring but not limited to local area (also evacuation area, e.g.)

Page 23: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

Description of Emergency Info Online

New rules requiring MVPDs to pass through aural description of visually displayed emergency information on “second screens” – such as tablets, laptops, or smartphones – via a secondary audio stream when linear programming from a multichannel video programming distributor (MVPD) is viewed via that MVPD’s network via app

– In 2013, FCC adopted rules to require that visual emergency information shown during non-newscast television programming, such as in an on-screen crawl, is also available to individuals who are blind or visually impaired through an aural presentation on a secondary audio stream (“SAP”).

Manufacturers of covered devices, such as tablets, phones and laptops, must also provide mechanism comparable to a button, key or icon for accessing the SAP

Effective July 2017

FNPRM asks should: emergency information should be prioritized/definition of emergency be changed/MVPD navigation devices include SAP button/key equivalent

Page 25: FCC Closed Captioning Requirements: How Some Networks Are Staying Ahead of the Curve

Q&A

25

Maria Browne, PartnerDavis Wright Tremaine LLP

[email protected](202)973-4281

Peter BotheDirector of Operations

Time Warner Cable SportsNet

Lily Bond, Marketing Manager3Play Media

[email protected](617)764-5189 x119

Captioning for Broadcast, Media + Entertainment

• www.3playmedia.com/solutions/entertainment

Video Clip Captioner• www.3playmedia.com/services-features/

tools/video-clip-captioner/

CVAA Online Captioning Requirements• Info.3playmedia.com/wp-cvaa.html

FCC Closed Captioning Requirements • http://info.3playmedia.com/wp-fcc.html

RESOURCES