Filing a complaint with the FCC about non-compliance with closed
captioning rules
In 1997, the Federal Communications Commission
(FCC) adopted a set of mandates for the provision of closed
captioning, which ensured that American audiences with hearing
disabilities could enjoy access to television programming that was
once unavailable to them. If you are a viewer who is deaf or hard of
hearing--or are the parent, guardian or teacher of someone who
is--program distributors' compliance with the mandates is vitally
important. For those who think that their program provider may not
be in compliance with the FCC's captioning rules, a summary of the
Report and Order, its 1998 update and a list of the affected
providers are available for your information on the Media Access
Group's Web site at http://access.wgbh.org. The full Report and
Order on Closed Captioning (FCC #97-279, adopted August 1997,
updated September 1998) is available on the FCC's Web site at
http://www.fcc.gov/cgb/dro/caption.html.
Filing a
complaint with the FCC
The FCC has developed guidelines
for filing complaints when a program provider--broadcast station,
cable operator or satellite service--does not meet the requirements
of the closed captioning mandates. If your program provider fails to
provide a minimum amount of captioning, airs unreadable captions or
does not provide captions with broadcasts of emergency information,
you are encouraged to file an informal complaint with the FCC. When
filing, please forward a copy of your complaint to the Media Access
Group at WGBH (access@wgbh.org) so that we are aware of captioning
problems. The FCC will then intervene with that program provider on
your behalf to investigate and enforce compliance with the rules. To
assist you in the complaint process, we have prepared a brief
summary of the FCC complaint procedure, as well as sample complaints
about several closed captioning problems.
When filing an
informal complaint with the FCC, you should include the following
information (see sample letter A):
- Your name, address and daytime (Monday-Friday) telephone
number (voice or TTY) and/or e-mail address
- The names of both the programmer (e.g., News Channel 13) and
program distributor (e.g., ACME Cable of Maplewood) against whom
the complaint is alleged
- Specific information and details about the nature of the
problem, including the
- date and time of the occurrence. In cases of uncaptioned
emergency information, please include the type of emergency.
Complaints regarding uncaptioned emergency information
should be sent to the
FCC as soon as possible following the date
of the occurrence. In turn, the FCC
will notify the programming
distributor of the complaint, and the distributor will need to reply
to the complaint within 30 days.
Sample letter
A:
Complaint letter to the FCC about closed
captioning
January 21, 2003
Federal
Communications Commission
Consumer Inquiries & Complaints
Division
Consumer & Governmental Affairs Bureau
445 12th
Street, SW
Washington, DC 20554
RE: Omission of closed
captions on emergency information
by Fox affiliate
WXYZ-TV*
To Whom It May Concern:
I would like to
register a complaint regarding the broadcast of uncaptioned
emergency information by Fox affiliate WXYZ-TV in Philadelphia, PA.
It is my understanding that the FCC requires that closed captions
must accompany all televised emergency information announcements.
However, during a snow emergency on the evening of January 18, 2003,
which involved severe icing and wind conditions, no closed captions
were provided with the emergency storm warning that aired during the
5pm newscast. Although she was watching the news, my elderly
mother--who is severely hearing-disabled--was unaware of the
dangerous conditions. As a result, upon stepping outside to put out
the trash, she slipped on some ice and injured her hip.
As
you can imagine, I am very upset by the lack of accessible emergency
information broadcast by your station. I hope that your office can
assure me that all future emergency announcements on WXYZ-TV will be
closed-captioned. I would appreciate any guarantee you can give my
family--and others with family members who are deaf or hard of
hearing--in this matter. If you have any questions about this
situation, please contact me. Thank
you.
Sincerely,
John Doe
444 Main
Street
Philadelphia, PA 11112
215-555-2222
work
215-666-3333 home
jdoe@yahoo.com
cc: Media Access
Group at WGBH
*This program provider and situation are
fictionalThere are several ways to file an informal
complaint with the FCC, which include:* Mail Written
complaints can be sent to the Federal Communications Commission,
Consumer Inquiries & Complaints Division, Consumer &
Governmental Affairs Bureau, 445 12th Street, SW, Washington, DC
20554.
* Telephone The FCC's Consumer and Mediation
Specialists are available
by telephone Monday-Friday, 8am-5:30pm
(ET). Call them toll-free at 888.CALL.FCC (888.225.5322/voice) or
888.TELL.FCC (888.835.5322/TTY).
* E-Mail Written complaints
can be e-mailed to fccinfo@fcc.gov.
* Electronically
Complaints can be filed online through the FCC's Web site at
http://www.fcc.gov/cgb/complaints.
* Fax Written complaints
can be faxed to the FCC at 202.418.0232.
Note: Please send a
copy of your letter to the Media Access Group at WGBH,
125
Western Ave., Boston, MA 02134; fax: 617.300.1020; e-mail:
access@wgbh.org.
Should the problem remain uncorrected
following intervention by the FCC, you should then file a formal
complaint with that program provider, following the guidelines
below. In cases of uncaptioned emergency information, intervention
by the FCC is usually effective in resolving the issue. Please note:
Before you may file a formal complaint with the FCC, you must verify
that you have, in good faith, attempted to resolve the dispute with
the program provider. Formal complaints should be sent to the FCC's
Enforcement Bureau.
When filing a complaint with your
local program provider (local television station, cable operator or
satellite provider), you should include the following information
(see sample letter B):* Your name, address and daytime
(Monday-Friday) telephone number
(voice or TTY) and/or e-mail
address
* Specific information and details about the nature
of the problem, including
the date, time and/or program during
which the infraction occurred. In cases of uncaptioned emergency
information, please include the type of emergency.
The FCC
requires that viewers file their formal complaints with the program
provider by the end of the calendar quarter following the quarter in
which the violation occurred. The program provider must resolve the
problem within 45 days following the end of the calendar quarter in
which the violation occurred or within 45 days of receiving the
complaint, whichever is later. For the most expedient results, we
encourage consumers to file formal complaints as soon as possible
following the occurrence.
Example of the 45-day rule:
*
Closed captioning problem occurred February 10, 2003 (1st
quarter)
* File informal complaint with the FCC on February 17,
2003 (the sooner the better)
* [The FCC intervenes on your
behalf; provider fails to resolve the problem]
* File formal
complaint with the program provider by June 30, 2003
(end of 2nd
quarter)
* Program provider must resolve problem by August 14,
2003 (45 days after complaint)
Resources
For
additional information about closed captioning, visit our Web site
http://access.wgbh.org or contact us at:
Media Access Group
at WGBH
125 Western Avenue, Boston, MA 02134
617.300.3600
voice/TTY
617.300.1020 fax
access@wgbh.org
e-mail
Sample letter B:
Complaint letter to a local
station about closed captioningJune 30, 2003
Mr.
Samuel Smith
Station Manager
WPQR-TV
123 Broad
Street
Philadelphia, PA 11111
RE: Unreadable closed
captions broadcast by WPQR-TV*
Dear Mr. Smith:
I would
like to register a formal complaint regarding the poor quality of
closed captions on some children's programming being broadcast daily
on WPQR-TV. As the mother of a home-schooled eight-year-old boy who
is deaf, I value the closed captioning on your kids' shows and often
integrate them into my lessons. However, during the month of
February 2003, and a number of times since, I have noticed several
examples of unreadable and garbled words during the Arthur program
(weekdays at 4pm). Specifically, during the week of February 10-14,
this program contained a number of garbled words, rendering the
captions only partially readable. Because he is profoundly deaf, my
son relies 100% on the captions to understand and enjoy the program
content.
I'm very eager for your station to resolve this
problem for the benefit of the children in our community who are
deaf or hard of hearing. If you need any additional information from
me in order to investigate this service issue, please let me know. I
can be reached at 215-555-2222 or via e-mail at janedoe@yahoo.com.
Please note that the FCC requires that you correct the garbled
caption problem within 45 days of this complaint, which would be by
August 14, 2003.
Thank you for your prompt attention to this
matter.
Sincerely,
Jane Doe
444 Main
Street
Philadelphia, PA 11112
215-555-2222
work
215-666-3333 home
janedoe@yahoo.com
cc: Media
Access Group at WGBH
*This program provider and situation
are fictional 
