The Federal Communications Commission will be "inclined favorably" to accept closed captioning exemption requests from non-profit groups that say they can't afford to provide the service. The American Association of People with Disabilities (AAPD) quickly denounced the move, calling it "one of the worst decisions" the FCC has ever issued on closed captioning.

"The gist of what the FCC has done is to open the door to many more exemptions," an AAPD action alert posted on the organization's Web site says.

The FCC ruling came on Tuesday, September 12th in response to petitions from two religious broadcasters, "Anglers for Christ Ministries, Inc," and "New Beginnings Ministries." Both groups claim that providing on-screen video text, which allows people with hearing disabilities to follow television programs, represents an excessive financial hardship.

Anglers produces several programs, including the "Christian Angler Outdoors Television Show" and "Reel Kids in the Outdoors." New Beginning produces a half hour television show titled "In His Image."

In 1993 the FCC began requiring all U.S. manufactured analog TV receivers with screens 13 inches or greater to be able to display closed captioning. The 1996 Telecommunications Act called for all video program distributors, including cable operators and satellite firms, to close caption their television shows. A transition schedule set by the agency in 1997 established a timetable for all new programming to offer closed-captioning by January 1, 2006.

But the FCC's rules also permit groups to petition for an "undue burden" exemption, granted when closed captioning represents a "significant difficulty or expense" to the producer. A January letter to the FCC filed by Tony Sellars, CEO of Angler's for Christ Ministries, Inc., contended that closed captioning would "possibly cause us to stop production." New Beginning told the FCC that "In His Image," which the producers pay for broadcast over the Christian Television Network, would have to shut down if required to close caption.

At least several parties challenged the New Beginning petition, but the FCC accepted both New Beginning's and Anglers for Christ's hardship claims. In this ruling the Commission went further, noting that in future cases if a non-profit demonstrates that it receives no compensation from video program distributors and that "in the absence of an exemption, may terminate or substantially curtail its programming," the FCC will expedite a closed captioning exemption request.

"We will be inclined favorably to grant such a petition because as the petitions of Anglers and New Beginning demonstrate, this confluence of factors strongly suggests that mandated close captioning would pose an undue burden on such a petitioner," the FCC's Memorandum Opinion and Order concluded.

The AAPD says that the ruling creates a new category that will open the door to many more exemptions.

"What the FCC has done is very serious," their action alert concludes. "This new interpretation of the rules for asking for an exemption from having to closed caption has far reaching effects that go well beyond the specific TV programming in these two Orders and could extend to any entity, regardless of its resources, if they can make a case that 'we can’t afford it' or it ‘might’ shut us down."