Closed Captioning of Video Programming
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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.
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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]
[[Page 67220]]
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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 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
[[Page 67221]]
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.
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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.
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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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