Page:United States Statutes at Large Volume 110 Part 1.djvu/151

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 127 "(2) video programming providers or owners maximize the accessibility of video programming first published or exhibited prior to the effective date of such regulations through the provision of closed captions, except as provided in subsection (d). "(c) DEADLINES FOR CAPTIONING.— Such regulations shall include an appropriate schedule of deadlines for the provision of closed captioning of video programming. "(d) EXEMPTIONS. —Notwithstanding subsection (b)— "(1) the Commission may exempt by regulation programs, classes of programs, or services for which the Commission has determined that the provision of closed captioning would be economically burdensome to the provider or owner of such programming; "(2) a provider of video programming or the owner of any program carried by the provider shall not be obligated to supply closed captions if such action would be inconsistent with contracts in effect on the date of enactment of the Telecommunications Act of 1996, except that nothing in this section shall be construed to relieve a video programming provider of its obligations to provide services required by Federal law; and "(3) a provider of video programming or program owner may petition the Commission for an exemption from the requirements of this section, and the Commission may grant such petition upon a showing that the requirements contained in this section would result in an undue burden. "(e) UNDUE BURDEN. — The term 'undue burden' means significant difficulty or expense. In determining whether the closed captions necessary to comply with the requirements of this paragraph would result in an undue economic burden, the factors to be considered include— "(1) the nature and cost of the closed captions for the programming; "(2) the impact on the operation of the provider or program owner; "(3) the financifd resources of the provider or program owner; and "(4) the type of operations of the provider or program owner. "(f) VIDEO DESCRIPTIONS INQUIRY. —Within 6 months after the Reports. date of enactment of the Telecommunications Act of 1996, the Commission shall commence an inquiry to examine the use of video descriptions on video programming in order to ensure the accessibility of video programming to persons with visual impairments, and report to Congress on its findings. The Commission's report shall assess appropriate methods and schedules for phasing video descriptions into the marketplace, technical and quality standards for video descriptions, a definition of programming for which video descriptions would apply, and other technical and legal issues that the Commission deems appropriate. "(g) VIDEO DESCRIPTION. —For purposes of this section. Video description' means the insertion of audio narrated descriptions of a television program's key visual elements into natural pauses between the program's dialogue. "(h) PRIVATE RIGHTS OF ACTIONS PROHIBITED. — Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regulation there-

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