by Dave Garb, Legislative Committee Chair
Update: FCC Amends Closed Captioning Rules for Video Programmers – Docket No: 05-23125-133: Closed Captioning of Video Programming
But ADA Rules Still Apply
From: Mike Wassenaar, President Alliance for Community Media (ACM) & National Association of Telecommunications Officers and Advisors (NATOA)
Last month, we shared an article about the FCC’s amendments to certain closed-captioning rules. These changes have raised questions about how the updated FCC requirements affect municipalities and public, educational, and governmental (PEG) access stations—and what they mean for compliance with the Americans with Disabilities Act (ADA).
The FCC has lifted the registration requirements for video producers on PEG channels who seek to be exempt from FCC captioning rules. Previously, the FCC stated that there was a deadline for registering and that each cable channel in the United States should keep a point of contact in case there are consumer complaints. In the future, they will most likely set up a simple registration process to get a FCC registration number, and then, ask channels to state whether or not they are exempt based upon the captioning rules that exist for the FCC.
But even if a program or a provider is exempt under these amended FCC rules, they may still have obligations under other federal laws (DOJ) to make your video programming accessible to individuals with disabilities. The ADA rules apply to just about everyone and to PEG channels.
We recommend that everyone should determine the costs for compliance and plan either to meet the standards for online presence or to make the case that compliance with one or more elements presents an undue burden. In either case, decision makers with local government need to be involved.
Beginning on April 26, 2027, any video that is on government websites or anywhere on the web (VOD), in jurisdictions serving more than 50K residents, has to be ADA compliant by providing online communications that meet a minimum WCAG standards, and a descriptive audio track for pre-recorded video that will also be aired online. These rules will also apply to all government websites with less than 50,000 residents beginning April 26, 2028.
Regardless of the Federal Government’s enforcement of the ADA, these rules can be enforced through private legal action. So local governments and non-profits would be subject to legal liability if they fail to act appropriately.
Most organizations are not exempt from ADA requirements, which require all non-profits and local governments to assess the costs of providing effective communication for constituents. Solutions must be based on what constituents need.
Once again, organizations may not be required to provide that service if it fundamentally changes what the organization does, or it presents an undue economic burden. Guidelines are at https://www.ada.gov/resources/effective-communication/.
If you provide captions, but they are not transmitted by a cable operator on your channels, tell the FCC as this is against the law. Email dro@fcc.org or use the link https://www.fcc.gov/consumers/guides/closed-captioning-television.
Mike Wassenaar, President
Alliance for Community Media
mwassenaar@allcommunitymedia.org
David Garb, Legislative Chair
Jersey Access Group
davegarb@paps.net
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Legislative Updates from Trenton and Washington, D.C.: FCC and ADA Accessibility Requirements
Posted: October 17, 2026 by Rich Desimone
by Dave Garb, Legislative Committee Chair
Update: FCC Amends Closed Captioning Rules for Video Programmers – Docket No: 05-23125-133: Closed Captioning of Video Programming
But ADA Rules Still Apply
From: Mike Wassenaar, President Alliance for Community Media (ACM) & National Association of Telecommunications Officers and Advisors (NATOA)
Last month, we shared an article about the FCC’s amendments to certain closed-captioning rules. These changes have raised questions about how the updated FCC requirements affect municipalities and public, educational, and governmental (PEG) access stations—and what they mean for compliance with the Americans with Disabilities Act (ADA).
The FCC has lifted the registration requirements for video producers on PEG channels who seek to be exempt from FCC captioning rules. Previously, the FCC stated that there was a deadline for registering and that each cable channel in the United States should keep a point of contact in case there are consumer complaints. In the future, they will most likely set up a simple registration process to get a FCC registration number, and then, ask channels to state whether or not they are exempt based upon the captioning rules that exist for the FCC.
But even if a program or a provider is exempt under these amended FCC rules, they may still have obligations under other federal laws (DOJ) to make your video programming accessible to individuals with disabilities. The ADA rules apply to just about everyone and to PEG channels.
We recommend that everyone should determine the costs for compliance and plan either to meet the standards for online presence or to make the case that compliance with one or more elements presents an undue burden. In either case, decision makers with local government need to be involved.
Beginning on April 26, 2027, any video that is on government websites or anywhere on the web (VOD), in jurisdictions serving more than 50K residents, has to be ADA compliant by providing online communications that meet a minimum WCAG standards, and a descriptive audio track for pre-recorded video that will also be aired online. These rules will also apply to all government websites with less than 50,000 residents beginning April 26, 2028.
Regardless of the Federal Government’s enforcement of the ADA, these rules can be enforced through private legal action. So local governments and non-profits would be subject to legal liability if they fail to act appropriately.
Most organizations are not exempt from ADA requirements, which require all non-profits and local governments to assess the costs of providing effective communication for constituents. Solutions must be based on what constituents need.
Once again, organizations may not be required to provide that service if it fundamentally changes what the organization does, or it presents an undue economic burden. Guidelines are at https://www.ada.gov/resources/effective-communication/.
If you provide captions, but they are not transmitted by a cable operator on your channels, tell the FCC as this is against the law. Email dro@fcc.org or use the link https://www.fcc.gov/consumers/guides/closed-captioning-television.
Mike Wassenaar, President
Alliance for Community Media
mwassenaar@allcommunitymedia.org
David Garb, Legislative Chair
Jersey Access Group
davegarb@paps.net
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Category: Latest JAG News, Legislation/Regulation