Section 713 Communications Act Complaint Procedure Go back to Table of Contents Go back to Complaint Procedures Go forward to ADA - Title I Employment Complaint Procedure Return to Web Version

"There's a problem with the captioning on this show." Television is an important conduit of information, whether it is journalistic, educational, cultural or social. The Federal government has mandated that every effort be made to make television programming accessible to people with disabilities. Closed captioning, which makes this possible, is required by Section 713 of the Communications Act.

When to use this procedure: You are a consumer who has encountered a television program that has poor captioning quality, drops off captions, or is a re-run that had captions the first time it was shown, but no longer has captions. Or you are a consumer who has knowledge of a television station or network that has not met the captioning schedule described below.

Products and services that are covered by Section 713:

• Video program distributors, i.e., companies that distribute television programs to home viewers, including local broadcast television stations, local cable television operators, and satellite television services



• Video program providers, including television program networks (e.g., ABC, NBC, Lifetime, A&E) and other companies that provide television programs

Other "fine print":

• Anyone can file a Section 713 complaint, i.e., you do not have to have a disability; you just need to have information about a TV program, station, or network that you believe is not providing captioning as required.



• The Federal Communications Commission (FCC) is responsible for implementation of Section 713.



• The lack of captioning on a program is not automatic grounds for bringing a complaint. FCC rules contain a schedule by which video program distributors and providers must make their programs accessible through closed captioning. Approximately 75% of all new programming (defined as programming first published or shown on television after January 1, 1998) must have captions by 2004, while 100% of new programming must have captions by 2006. Seventy-five percent of older programming (programming first shown on television before January 1, 1998) must be captioned by 2008. Spanish language programming follows a different schedule: new programming must be captioned by 2010 and 75% of older programming must be captioned by 2012. You can find the detailed schedule at http://www.fcc.gov/cgb/consumerfacts/closedcaption.html.



• There are some exemptions to the above requirements, for example, certain overnight programs between 2 a.m. and 6 a.m. and commercials.



• Section 713 does not cover movie theaters.



• Section 713 does not cover home, educational, and work-related videos for home, school, or business use.

How to proceed with the complaint process:

Build and document your case	Your name, address, telephone/TTY number and email address Name and address of the programmer (e.g., News Channel 10) as well as the name and address of the distributor (e.g., ABC Cable Company) that showed the program. If you cannot get these addresses, just identify the station or network and city in which the program was shown. The date and time of the program A detailed description of how you believe the program violated the rules If possible, a videotape of the program about which you are complaining
File an informal complaint with the FCC	Forward documentation of your case to the FCC using one of the following methods: Online: http://www.fcc.gov/cgb/complaints.html Email: fccinfo@fcc.gov Mail: Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Complaints 445 12th Street, SW Washington, DC 20554 Fax: 1-866-418-0232 Phone: Voice: 1-888-225-5322 TTY: 1-888-835-5322 (Available Monday - Friday, 8 AM to 5:30 PM ET)
OR
File a written complaint with the video program distributor before formally filing with the FCC	Before you file a formal complaint with the FCC, you must file a written complaint with the video program distributor no later than the end of the calendar quarter (e.g., April - June) after the calendar quarter (e.g., January - March) when you believe the violation occurred. Specify the FCC rule that was violated (Part 79 of the Commission's rules) and include a description of the violation or some evidence (e.g., a tape of the television program) to show that the violation took place Include the time, date and name of the program, and any other details about the problem that occurred Videotape of the program (if available) Note: The video distributor must respond within 45 days after the end of the calendar quarter in which the violation may have occurred or 45 days after receiving the complaint, whichever is later.
Collect copies of any responses you receive from the distributor	Dates of conversations, emails, letters or faxes Person(s) with whom you interacted, including their contact information Details of your conversations Copies of emails, letters, or faxes
If you are not satisfied with the response from the video program distributor, or you do not receive a response at all…
File a formal complaint with the FCC	Forward documentation of your case - including your interactions with the distributor - to the FCC using one of the following methods: Email: mbinfo@fcc.gov Mail: Federal Communications Commission Media Bureau 445 12th Street, SW Washington, DC 20554 Fax: 202-418-1195 Phone: Voice: 202-418-7096 TTY: 202-418-7172 Note: You must send a copy of your FCC formal complaint, including all supporting documentation, to the distributor. When you file your complaint with the FCC, you must certify that you have sent a copy of the complaint and supporting evidence to the distributor too. Your formal complaint with the FCC must be filed within 30 days after the time allotted for the distributor to respond to your complaint ended.
After you send your complaint to the FCC, the responsible party has 15 days within receiving the complaint to respond to the FCC and to send a copy of its response to you.

If you are interested in learning more about Section 713 of the Communications Act, check out these resources:

• The FCC's fact sheet on Closed Captioning



• The FCC's discussion on Disability Access Provisions in the Telecommunications Act



• The FCC's information page on the Telecommunications Act of 1996



• Gallaudet University's Technology Access Program information on captioning



• National Association of the Deaf's Position Statement on Captioning

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