While the Federal Communications Commission (FCC) already requires that most English-language video programming be closed captioned for the hearing impaired, the FCC earlier this month issued a reminder that Spanish-language programming will also be subject to these requirements as of Jan. 1, 2010, and reminding video programming distributors of their obligations to make all emergency information accessible to persons with hearing and vision disabilities. These reminders were issued while we await the effective date of rules released in January dealing with contact information requirements and the process that video distributors must go through in dealing with complaints about captioning issues—rules that are not yet effective.

In a public notice released on Sept. 3, 2009, the FCC reminded video programming distributors that as of Jan. 1, 2010, 100 percent of new, nonexempt Spanish-language programming must be closed captioned. In a second public notice released on Sept. 3, 2009, the FCC clarified certain aspects of video programming distributors’ obligation to make emergency information accessible to persons with hearing and vision disabilities. Finally, the FCC's June erratum concerning the publication of contact information under the revised rules was published in the Federal Register on Sept. 11, 2009, but expressly states that the rule change is not effective until the FCC publishes a separate document in the Federal Register announcing the effective date.

While the publications are addressed to “video programming distributors”—i.e., broadcasters, cable operators, and DBS providers—the entities directly subject to the rules, networks and producers, should take note of these recent developments as well because, as a practical matter, distributors generally assign captioning responsibilities to program networks and program producers whose programming they distribute.

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