T. 9/10/92 RJM:SBO:kgf DJ# 192-16i-00085 SEP 17 1992 Ms. (b)(6) P.O.

XX Lorraine, New York XXXXX Dear (b)(6) This letter is in response to your request for information about Federal laws pertaining to closed captioning. At least four Federal requirements deal with the provision of closed captioning: titles II, III, and IV of the Americans with Disabilities Act (ADA), and section 504 of the Rehabilitation Act of 1973, as amended. Title II of the ADA prohibits discrimination on the basis of disability in all programs, activities, and services provided or made available by State and local governments, instrumentalities, or agencies, regardless of the receipt of Federal funds. Title III of the ADA covers public accommodations such as shopping centers, doctors' offices, museums, zoos, private schools, and other private establishments. Copies of the title II and III regulations and manuals explaining the regulations are enclosed. Regulations implementing titles II and III require the provision of auxiliary aids and services by public and private entities where necessary to ensure effective communication with an individual who is deaf or hard of hearing (section 35.160, p. 35721, of the title II rule; and section 36.303, p. 35597, of the title III rule, respectively). For individuals with hearing impairments, auxiliary aids and services include, but are not limited to, qualified interpreters, closed captioning, and transcription services such as computer aided real-time transcription (section 35.104, p. 35717, of the title II regulation; and section 36.303 (b) (1), p. 35597, of the title III regulation). The title II regulation covers television and videotape programming produced by public entities. Access to audio portions of such programming may be provided by closed captioning. Page 35712 of the title II regulation explains this concept.

:udd:mather:ltr.cedar cc: Records, CRS, FOIA, Friedlander (3), Mather, Breen 01-01533​ -2The title III regulation, section 36.307, p. 35598, does not require that video-tape rental establishments stock closedcaptioned video tapes, although the most recent titles in the establishments are, in fact, close-captioned. Further discussion of this point can be found on p. 35571 of the title III regulation. Neither are movie theaters required by title III to present open-captioned films. However, other public accommodations that impart verbal information through soundtracks on films, video tapes, or slide shows are required to make such information accessible to persons with hearing impairments. Captioning is one means to make the information accessible to individuals with disabilities. Page 35567 of the title III regulation explains this concept. Title IV of the ADA requires that any public service announcements that are wholly or partially funded by the Federal government include closed captioning of the verbal content of the announcement. Individual television stations will not be required to supply the closed captioning for any announcements that do not include closed captioning. For more information on this requirement, please contact the Federal Communications Commission, which is responsible for implementing and enforcing title IV. Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination on the basis of handicap in federally conducted and assisted programs. Like the title II regulation, regulations implementing section 504 require that Federal agencies and recipients provide auxiliary aids and services whenever necessary to ensure effective communications with members of the public. Services include the provision of closed captioning. I hope this information is helpful to you. Sincerely, Stewart B. Oneglia Chief Coordination and Review Section

Civil Rights Division Enclosures (4) 01-01534​ (b)(6) P.O. Box Lorraine, N.Y. Voice TDD JUL 23 1992 U.S. Dept. of Justice Civil Right Division Coordination and Review Section P.O. Box 66118 Washington, D.C. 20035-6118 Dear Sir: I would like to know more about Laws 504 and other Laws certaining Hearing Impaired and Closed Captioning For trying to start a Closed Captioning business. Need all the laws dealing with it. Thank you. Thank you, (b)(6) 01-01535