With the proliferation of online video, it is important to understand the legal requirements for captioning your digital content. The 21st Century Communications and Video Accessibility Act (CVAA) requires that any online video programming that previously appeared on television with captions must be captioned when it is put online. Starting in January of 2016, the FCC will require that online video clips from full-length programming must also be captioned when posted online. In 2017, the same requirements will extend to montage or mashup clips. This webinar, presented by Peter Bothe, the Director of Operations at Time Warner Cable SportsNet, and Maria Browne, a partner and attorney at Davis Wright Tremaine LLP, will explore the legal landscape of closed captioning online video content. Peter Bothe will discuss his approach to accessibility and closed captioning, then Maria Browne will cover the legal requirements for captioning online video clips and full-length video programming. This webinar will cover: FCC requirements for captioning video clips by Jan 2016 Strategies for approaching accessibility for streaming media Solutions for captioning video clips and full-length content The legal landscape of the CVAA Pertinent lawsuits Deadlines for CVAA and FCC closed captioning compliance

1. 1
FCC Closed Captioning Requirements:
How Some Networks Are Staying
Ahead of the Curve
www.3playmedia.com
twitter: @3playmedia
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Peter Bothe
Director of Operations
Time Warner Cable SportsNet
Maria Browne
Partner
Davis Wright Tremaine LLP
Lily Bond (Moderator)
Marketing Manager
lily@3playmedia.com

2. 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.

3. 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

4. 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

5. 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

6. Accessibility of
Online Video Programming
and Emergency Information
December 9, 2015
Prepared by: Maria Browne mariabrowne@dwt.com

7. 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

8. ONLINE CLOSED
CAPTIONING

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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)

16. 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

17. 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

18. VIDEO DESCRIPTION

19. 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

20. 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?

21. EMERGENCY INFORMATION

22. 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.)

23. 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

24. MariaBrowne@dwt.com
202.973.4281

25. Q&A
25
Maria Browne, Partner
Davis Wright Tremaine LLP
mariabrowne@dwt.com
(202)973-4281
Peter Bothe
Director of Operations
Time Warner Cable SportsNet
Lily Bond, Marketing Manager
3Play Media
lily@3playmedia.com
(617)764-5189 x119
Captioning for Broadcast, Media +
Entertainment
• www.3playmedia.com/solutions/entertainmen
t
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