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Rule2026-21808

Closed Captioning of Video Programming

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Published
October 26, 2026
Effective
November 25, 2026

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (Commission) exempts video programmers for public, educational, and governmental access (PEG) channels from the requirement to register with the Commission and to certify captioning compliance if the PEG video programmers provide video programming exclusively to PEG channels that are exempt from closed captioning requirements. Additionally, providers of PEG programming are relieved of filing obligations if the administrators of non-exempt PEG channels certify compliance for programming carried on such channels. The Commission similarly exempts providers of programming carried on nonbroadcast networks for distribution by a cable operator or other multichannel video programming distributor (MVPD) from certifying when the nonbroadcast network itself certifies that it is exempt or that all programming comprising the network's linear line-up is either exempt from or compliant with the closed captioning rules.

Full Text

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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Rules and Regulations]
[Pages 67220-67224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21808]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[CG Docket No. 05-231, GN Docket No. 25-133; FCC 26-57; FR ID 373564]


Closed Captioning of Video Programming

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) exempts video programmers for public, educational, and 
governmental access (PEG) channels from the requirement to register 
with the Commission and to certify captioning compliance if the PEG 
video programmers provide video programming exclusively to PEG channels 
that are exempt from closed captioning requirements. Additionally, 
providers of PEG programming are relieved of filing obligations if the 
administrators of non-exempt PEG channels certify compliance for 
programming carried on such channels. The Commission similarly exempts 
providers of programming carried on nonbroadcast networks for 
distribution by a cable operator or other multichannel video 
programming distributor (MVPD) from certifying when the nonbroadcast 
network itself certifies that it is exempt or that all programming 
comprising the network's linear line-up is either exempt from or 
compliant with the closed captioning rules.

DATES: Effective November 25, 2026, except for amendatory instruction 3 
(47 CFR 79.1(i)(4) and (m)(6)), which is delayed indefinitely. The 
Commission will publish a document in the Federal Register announcing 
the effective date.

FOR FURTHER INFORMATION CONTACT: Joshua Mendelsohn, Disability Rights 
Office, Consumer and Governmental Affairs Bureau, at (202) 559-7304 or 
<a href="/cdn-cgi/l/email-protection#b4fedbc7dcc1d59af9d1dad0d1d8c7dbdcdaf4d2d7d79ad3dbc2"><span class="__cf_email__" data-cfemail="a6ecc9d5ced3c788ebc3c8c2c3cad5c9cec8e6c0c5c588c1c9d0">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Closed 
Captioning of Video Programming; Telecommunications for the Deaf and 
Hard of Hearing, Inc.; Delete, Delete, Delete, Report and Order (Order) 
in CG Docket No. 05-231 and GN Docket No. 25-133, document FCC 26-57, 
adopted on August 21, 2026, and released on August 25, 2026. The full 
text of this document is available online at <a href="https://www.fcc.gov/document/fcc-amends-closed-captioning-rules-video-programmers">https://www.fcc.gov/document/fcc-amends-closed-captioning-rules-video-programmers</a>.
    Paperwork Reduction Act Analysis: The Order contains modified 
information collection requirements. The Commission, as part of its 
continuing effort to reduce paperwork burdens, will invite the general 
public to comment on the information collection requirements contained 
in the Order, as required by the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. The Commission will publish a separate document in 
the Federal Register announcing approval of the information collection 
requirements. In addition, the Commission notes that pursuant to the 
Small Business Paperwork Relief Act of 2002 (SBA), Public Law 107-198, 
it previously sought specific comment on how the Commission might 
further reduce the information collection burden for small business 
concerns with fewer than 25 employees. 89 FR 63135, August 2, 2024.
    Congressional Review Act: The Commission has determined, and the 
Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), concurs, that this rule is 
``non-major'' under the Congressional Review Act, 5 U.S.C. 804(2). The 
Commission sent a copy of the Order to Congress and the Government 
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Synopsis

    1. Section 713 of the Communications Act (the Act) directs the 
Commission to ensure that video programming is fully accessible through 
the provision of closed captioning. 47 U.S.C. 613(b). All new, non-
exempt English- and Spanish-language video programming, and 75 percent 
of non-exempt pre-rule video programming, must be captioned. Video 
programming or a video programming provider is exempt from the 
Commission's captioning rules if it (1) falls into one of twelve 
categorical, i.e., self-implementing, exemptions, or (2) the provider 
has been granted an individual exemption from the closed captioning 
obligations after showing that providing captions would be economically 
burdensome. Captioning exemptions may apply on a channel-wide or 
program-by-program basis.
    2. The Commission initially assigned primary responsibility for the 
provision of closed captioning on television programming to video 
programming distributors (VPDs). In 2014, the Commission amended its 
television captioning rules to add requirements governing the quality 
of captions. The Commission allows a VPD to satisfy in part its 
obligations under the captioning quality rules by ensuring that each 
video programmer whose programming it carries has certified its 
compliance with the Commission's closed captioning rules. Pending the 
implementation of caption quality certifications by video programmers, 
VPDs are required to use ``best efforts'' to obtain certifications of 
caption quality compliance from their programming suppliers.
    3. In 2016, the Commission took further steps of: placing 
captioning obligations on video programmers, as well as VPDs; and 
apportioning responsibility for caption quality between VPDs and video 
programmers. In addition, to ensure that video programmers can be held 
accountable for satisfying their captioning obligations, the Commission 
adopted requirements for each video programmer to register with the 
Commission and certify compliance with the captioning rules. Video 
programmers are required to register and submit certifications of 
compliance to the Commission once a compliance date is published in the 
Federal Register.
    4. A petition filed in August 2016, requested that the closed 
captioning registration and certification requirements be waived for 
program producers that provide programs exclusively to PEG channels. 
PEG channels are authorized by section 611 of the Act, which permits 
cable franchising authorities to ``establish requirements in a 
franchise with respect to designation or use of channel capacity for 
public, educational, or governmental use.'' PEG programming is provided 
by more than 1.2 million volunteers and more than 250,000 community 
groups across the United States, including ``ordinary citizens and 
organizations--Cub Scouts, gospel choirs, political candidates, and 
community groups of every possible type,'' and the vast majority of PEG 
channels are exempt from the Commission's captioning rules.
    5. In comments on the Petition, a commenter raised related concerns 
as to the need for owners of programs included in linear program 
networks distributed by MVPDs to register and certify compliance with 
the captioning rules. The programmer certification requirement was 
intended to address a potential gap in captioning responsibility in 
cases where owners of video programming may distribute programming to 
third parties; and no such gap arises when the non-broadcast network 
itself certifies compliance with the captioning rules.
    6. In July 2024, the Commission released a Further Notice of 
Proposed

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Rulemaking (PEG FNPRM), published at 89 FR 63135, August 2, 2024, 
proposing that the filing requirements under the closed captioning and 
certification rules would not apply to video programmers that provide 
video programming exclusively to a PEG channel for which the channel 
administrator certifies that the channel is exempt from the closed 
captioning requirements. In addition, the Commission proposed that 
captioning registration and certifications shall not apply to 
programming carried on nonbroadcast networks for distribution by a 
cable operator or other MVPD, if the network itself certifies that it 
is exempt or that all programming comprising the network's linear line-
up is either exempt from or compliant with the closed caption rules.
    7. Registration and Certification--PEG Channels. The Commission 
amends its rules to provide that video programmers providing 
programming exclusively to PEG channels are not required to register 
with the Commission and file certifications of compliance if the PEG 
channel administrators certify that the entire channels are exempt. 
Requiring each of thousands of individual video programmers to certify 
to the same exemptions claimed by their channel administrators imposes 
duplicative and needlessly burdensome paperwork. Where the PEG channel 
administrator files the required contact information and a 
certification attesting to the channel's exemption from the captioning 
rules, consumers will have access to the information intended by the 
certification requirement, and the Commission will have sufficient 
documentation to ensure accountability for compliance with its rules.
    8. The record indicates that it is reasonable to expect that the 
administrators of most exempt PEG channels can certify that the channel 
is exempt. In instances where a channel administrator does not register 
and certify, individual video programmers are obligated to comply with 
the registration and certification requirements.
    9. The Commission further amends the captioning rule to provide 
that, if a PEG channel is not entirely exempt, video programmers on 
that channel are not required to register and certify compliance if the 
channel administrator certifies that all programming carried on the 
channel is either compliant or exempt. Although it seems that there are 
few, if any, non-exempt PEG channels, the Commission concludes that the 
same rationale for allowing administrators to certify for exempt PEG 
channels is applicable to non-exempt channels--i.e., to the extent that 
the administrator can certify on behalf of the entire channel, such 
certification will avoid imposing needless, duplicative paperwork on 
video programmers. In instances where a channel administrator does not 
register and certify, individual video programmers retain their 
obligations to comply with the registration and certification 
requirements.
    10. These rule changes do not alter any video programmer's 
substantive captioning obligations. Programming that is exempt from 
captioning will continue to be exempt, and providers of non-exempt 
programming will continue to be required to provide captioning. The 
amended rules also do not change the requirement that certifications of 
compliance or exemption be filed for all programming carried on PEG 
channels. They merely minimize unnecessary and duplicative paperwork. 
By ensuring that neither PEG programmers nor agency staff are burdened 
with unnecessary paperwork, the Commission makes implementation of the 
rules more efficient, and thereby advance the Commission's overarching 
goal of ensuring that all non-exempt programming is captioned in 
compliance with the Commission's standards. Therefore, the Commission 
finds today's action to be fully consistent with the Commission's 
longstanding commitment to ensure the accessibility of video 
programming through the provision of closed captioning.
    11. Nonbroadcast Network Programming. Under the Commission's 
captioning rules, nonbroadcast networks are ``video programmers'' and 
must register with the Commission and annually certify either that the 
network itself is exempt or that each of the programs comprising its 
channel line-up is compliant with (or exempt from) the captioning 
rules. In light of these existing registration and certification 
requirements for nonbroadcast networks, the Commission concludes that 
it would be unnecessarily duplicative for potentially thousands of 
program owners that supply programming exclusively to nonbroadcast 
networks to also register and file annual certifications with the 
Commission for the same programming addressed in the networks' filings.
    12. To alleviate this burden, the Commission amends its rules to 
provide that closed captioning registration and certification 
requirements will not apply to video programmers that provide or 
license video programming exclusively to a nonbroadcast network for 
distribution by a cable operator or other MVPD, if the network has 
registered and filed a certification with the Commission confirming 
that either the network itself is exempt or all programming comprising 
its linear line-up is compliant with or exempt from captioning 
obligations. However, if a nonbroadcast network does not file a 
certification, each video programmer that provides programming on such 
network will remain subject to the registration and certification 
requirements. Nonbroadcast networks ``often employ contractual 
provisions or other mechanisms to hold their suppliers (i.e., program 
owners) accountable for working with the network to ensure captioning 
compliance.'' The Commission clarifies that the rules adopted in the 
Order are not intended to disturb or interfere with any agreements 
between programming owners and nonbroadcast networks to ensure 
captioning compliance.
    13. The Commission directs the Consumer and Governmental Affairs 
Bureau (CGB or Bureau), pursuant to its delegated authority to oversee 
the development of a certification and registration form and database, 
to consider ways to minimize the burden for providers, including 
providers that control multiple program networks, to submit their 
registration and certification information in accordance with its 
obligations under the PRA and the SBA.
    A commenter asks the Commission to declare that any procedural 
matters affecting MVPDs should equally apply to virtual MVPDs (vMVPDs). 
This is beyond the scope of this proceeding, which concerns the 
Commission's registration and certification requirements related to 
closed captioning of televised video programming. In the Twenty-First 
Century Communications and Video Accessibility Act, Congress 
established separate guidelines for traditional television distribution 
and IP-delivered video programming. The Commission therefore declines 
to consider this request here.
    14. Costs and Benefits. Thousands of video programmers provide 
programming to PEG channels and nonbroadcast networks. Under current 
rules, once the Commission sets up its database to accept their 
filings, these programmers must provide contact information and certify 
that their programming is compliant with the closed captioning rules or 
exempt from them each year. The Order amends the closed captioning 
rules so that such programmers need not file this information if the 
PEG channel administrator or nonbroadcast network itself registers its 
contact information

[[Page 67222]]

and certifies channel-wide exemption from or compliance with the closed 
captioning rules. Because nonbroadcast networks are already required to 
file this information and certification, the Commission expects they 
will do so and individual nonbroadcast network programmers will not 
need to file with the Commission.
    15. Further, following this rule change, the Commission expects 
that PEG channel administrators will provide the information and 
certification for the entire channel so that individual PEG video 
programmers will not need to file with the Commission. Making these 
assumptions, the Commission estimates that about 290,000 programmers 
would save about 30 minutes of time per year. Using a value of time of 
about $17 per hour, the Commission estimates that this would save $2.43 
million annually. PEG channel administrators, however, would incur the 
cost of filing contact information and certifying compliance with, or 
exemption from, the closed captioning rules.
    16. The Commission estimates that about 1,700 channel 
administrators would be required to file contact information and make a 
certification. Because the Commission expects nearly all PEG channels 
are exempt from the closed captioning requirements, the Commission 
expects this will take about 30 minutes annually and will therefore 
cost about $14,238. Therefore, the net cost savings from this rule 
change are expected to be $2.41 million. This change is not expected to 
affect the quality of closed captioning because providers of non-exempt 
programming would be relieved only from filing requirements, not the 
underlying obligation to provide captioning in accordance with quality 
standards.

Final Regulatory Flexibility Analysis

    17. As required by the Regulatory Flexibility Act of 1980, as 
amended, the Commission incorporated an Initial Regulatory Flexibility 
Analysis (IRFA) in its PEG FNPRM, released in July 2024. The Commission 
sought written public comment on the proposals on the IRFA. No comments 
were filed addressing the IRFA.

Need for, and Objectives of, the Rules

    18. In the Order, the Commission modifies the video programmer 
registration and certification requirements, exempting video 
programmers that provide video programming exclusively to PEG channels 
that are exempt from the provision of closed captioning pursuant to 
Sec.  79.1(d) or (f) of the Commission's rules or certify compliance 
with, or exemption from, the closed captioning obligations for all 
programming shown over the PEG channel itself; or provide or license 
video programming to nonbroadcast networks for distribution by a cable 
operator or other MVPD, to the extent that such networks certify that 
the network itself is exempt or certify compliance with, or exemption 
from, the closed captioning obligations for all programming comprising 
the network's linear line-up. The Order also ensures that captioning 
registration and certification requirements do not apply to video 
programmers with programs carried on non-exempt PEG channels to the 
extent the channel administrator has the ability to certify that all 
programming carried on the channel is either compliant or exempt. The 
revised rules will relieve providers of video programming to cable or 
other multichannel systems from the obligation to register with the 
Commission and to certify captioning compliance if the relevant 
certification has been filed by another competent entity.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    19. No comments were filed addressing the impact of the proposed 
rules on small entities.

Response to Comments by the Chief Counsel for the Small Business 
Administration Office of Advocacy

    20. The Chief Counsel did not file any comments in response to the 
proposed rules in this proceeding.

Description and Estimate of the Number of Small Entities to Which the 
Rules Will Apply

    21. The rules adopted in the Order will apply to small entities in 
the industries identified in the chart below by their six-digit North 
American Industry Classification System codes and corresponding SBA 
size standard. Where available, the Commission also provides additional 
information regarding the number of potentially affected entities in 
the identified industries below.

 
----------------------------------------------------------------------------------------------------------------
 Regulated industry (Footnotes
 specify potentially affected                       SBA size                        Total small    Percent small
  entities within a regulated     NAICS code        standard        Total firms        firms           firms
  industry where  applicable)
----------------------------------------------------------------------------------------------------------------
Motion Picture and Video                512110  $40 million.....          17,547          10,960           62.46
 Production.
Motion Picture and Video                512120  $39 million.....             474             336           70.89
 Distribution.
Closed Captioning Services--            512191  $39 million.....           3,102           1,540           49.65
 Court Reporting and Stenotype
 Services.
Wired Telecommunications                517111  1,500 employees.           3,403           3,027           88.95
 Carriers.
Closed Captioning Services--            561492  $19 million.....           2,989           1,680           56.21
 Teleproduction and Other Post
 Production Services.
----------------------------------------------------------------------------------------------------------------

Description of Economic Impact and Projected Reporting, Recordkeeping 
and Other Compliance Requirements for Small Entities

    22. The rule changes in the Order will alleviate registration and 
certification administrative burdens for the likely thousands of 
operators of PEG channels run by small organizations that are exempt 
from the Commission's close captioning rules. The Commission expects 
that small entities will experience cost-savings as a result of these 
changes. The Commission estimates that about 290,000 programmers will 
save about 30 minutes of time per year. Using a value of time of about 
$17 per hour, the Commission estimates that this would save $2.43 
million annually. PEG channel administrators, however, would incur

[[Page 67223]]

the cost of filing contact information and certifying compliance with 
or exemption from the closed captioning rules. The Commission estimates 
that about 1,700 channel administrators would be required to file 
contact information and make a certification. Because the Commission 
expects nearly all PEG channels are exempt from the closed captioning 
requirements, the Commission expects this will take about 30 minutes 
annually and will therefore cost about $14,238. Therefore, the net cost 
savings from this rule change are expected to be $2.41 million.

Discussion of Steps Taken To Minimize the Significant Economic Impact 
on Small Entities, and Significant Alternatives Considered

    23. In amending the Commission's closed captioning rules, the 
Commission believes that the rule changes associated with the Order 
will not unduly burden, and will in fact reduce regulatory burdens for 
small entities. By amending the rules to not apply the registration and 
certification requirements to those video programmers that provide 
video programming exclusively to PEG access channels that are exempt 
from the provision of closed captioning or certify compliance with, or 
exemption from, the closed captioning obligations for all programming 
shown over the PEG channel itself; provide video programming to non-
exempt PEG access channels to the extent the channel administrator has 
the ability to certify that all programming carried on the channel is 
either compliant or exempt; or provide or license video programming to 
nonbroadcast networks for distribution by a cable operator or other 
MVPD, to the extent that such networks certify compliance with, or 
exemption from, the closed captioning obligations for all programming 
comprising the network's linear line-up, or certify that the network 
itself is exempt, the Commission relieves many entities, including 
small entities, from this reporting requirement.
    24. The Commission considered comments expressing concern that the 
certification and registration reforms may require more stringent 
oversight mechanisms, but concluded that, so long as the PEG channel 
administrator files the required contact information and a 
certification attesting to the channel's exemption from the captioning 
rules, consumers will have access to the information intended by the 
certification requirement, and that the Commission will have sufficient 
documentation to ensure accountability for compliance with its rules, 
with no undue burdens imposed on small entities in the process.
    25. The Commission sought comment on the feasibility of channel 
administrators for non-exempt PEG channels to certify that their 
channels programming is either compliant or exempt. While there was no 
directly apposite response in the record, the Commission concluded that 
it was appropriate to allow such channels to certify as described 
above, because, to the extent such scenarios do exist, allowing this 
option poses the prospect of reducing burdens on small entities, and 
does not in any other respect appear to impose burdens on small 
entities.
    26. The Commission will ensure that companies offering multiple 
program networks can register once and then certify those networks as a 
group, provided the certification lists each program network to which 
the certification applies. It will be more efficient and less 
administratively burdensome to create an avenue for such bulk 
processing in the registration and certification process, eliminating 
unnecessary paperwork in the process. To the extent that there are 
small non-profits that run multiple PEG program networks or related 
scenarios, this may stand to reduce burdens on small entities, and does 
not in any other respect appear to impose burdens on small entities.

Ordering Clauses

    27. Pursuant to sections 4(i), 303(r) and 713 of the Communications 
Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 613, the Order is 
adopted, and the Commission's rules are amended.
    28. The Order shall be effective November 25, 2026, except for 
amendments to Sec.  79.1(i)(4) and (m)(6) which contains modified 
information collection requirements, and will not become effective 
until OMB completes review of any information collections that CGB 
determines is required under PRA.
    29. The Commission will announce the effective date for Sec.  
79.1(i)(4), and (m)(6) by notice in the Federal Register and by 
subsequent Public Notice.
    30. Pursuant to sections 4(i), 303(r) and 713 of the Communications 
Act of 1934, as amended, 47 U.S.C. 154(i), 303(r), 613, the Petition 
for Waiver of Registration and Certification Requirement filed by ACM 
on August 26, 2016, in CG Docket No. 05-231 is dismissed as moot.
    31. The Commission's Office of the Secretary, shall send a copy of 
the Order, including the Final Regulatory Flexibility Analysis, to the 
Chief Counsel for the SBA Office of Advocacy.
    32. The Office of the Managing Director, Performance Program 
Management, SENT a copy of the Order in a report to Congress and to the 
Government Accountability Office pursuant to the Congressional Review 
Act, 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 79

    Cable television, Television.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 79 as follows:

PART 79--ACCESSIBILITY OF VIDEO PROGRAMMING

0
1. The authority citation for part 79 continues to read as follows:

    Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 
330, 544a, 613, 617.

0
2. Amend Sec.  79.1 by redesignating paragraphs (a)(6) through (a)(13) 
as paragraphs (a)(7) through (a)(14) and adding new paragraph (a)(6).
    The addition reads as follows:


Sec.  79.1  Closed captioning of televised video programming.

    (a) * * *
    (6) Nonbroadcast Network. Networks whose programming is delivered 
via multichannel video programming distributors. Local and regional 
cable channels are included within the meaning of the term nonbroadcast 
networks.
* * * * *

0
3. Delayed indefinitely, amend Sec.  79.1 by adding paragraphs (i)(4) 
and (m)(6) to read as follows:


Sec.  79.1  Closed captioning of televised video programming.

* * * * *
    (i) * * *
    (4) Video programmers shall not be required to file contact 
information with the Commission pursuant to paragraph (i)(3) of this 
section if they provide video programming exclusively to a public, 
educational, or governmental (PEG) access channel, as described in 
section 531 of title 47 of the United States Code, or a nonbroadcast 
network, for which the administrator of the PEG access channel or 
nonbroadcast network has on file with the Commission:
    (i) The contact information required by paragraph (i)(3) of this 
section; and
    (ii) A certification pursuant to paragraph (m) of this section 
attesting to:

[[Page 67224]]

    (A) An exemption from the captioning rules for the nonbroadcast 
network or PEG channel itself;
    or
    (B) Compliance with, or exemption from, the captioning rules for 
the entire programming line-up of the nonbroadcast network or PEG 
channel itself.
* * * * *
    (m) * * *
    (6) Video programmers shall not be required to submit 
certifications to the Commission pursuant to this paragraph (m) if they 
provide video programming exclusively to a public, educational, or 
governmental (PEG) access channel, as described in section 531 of title 
47 of the United States Code, or a nonbroadcast network, for which the 
administrator of the PEG access channel or nonbroadcast network has on 
file with the Commission:
    (i) The contact information required by paragraph (i)(3) of this 
section; and
    (ii) A certification pursuant to this paragraph (m) attesting to:
    (A) An exemption from the captioning rules for the nonbroadcast 
network or PEG channel itself; or
    (B) Compliance with, or exemption from, the captioning rules for 
the entire programming line-up of the nonbroadcast network or PEG 
channel itself.

[FR Doc. 2026-21808 Filed 10-23-26; 8:45 am]
BILLING CODE 6712-01-P


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