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
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                                - 2 -
        The title III regulation, section 36.307, p. 35598, does not
require that video-tape rental establishments stock closed-
captioned 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)
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                                                        (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