WASHINGTON, D.C. — The Enforcement Bureau of the FCC has entered into a Consent Decree with ViacomCBS that settles an investigation over violations of the Commission’s accessibility rules at the company’s Pluto Inc. TV service.
As such, ViacomCBS is paying a civil penalty to the U.S. Treasury and is not being fined by the Commission. A compliance plan has also been agreed to by both parties.
A $3.5 million civil penalty will be paid by Pluto, which will work to ensure that non-exempt video programming it streams over the internet includes closed captioning, in compliance with Commission rules.
The action reflects the first consent decree and first enforcement action related to Internet Protocol (IP) closed captioning rules since their adoption nine years ago, the FCC says.
The Twenty-First Century Communications and Video Accessibility Act of 2010, or “CVAA,” helps ensure that individuals with disabilities are able to fully utilize communications services and equipment and better access video programming. The internet has become central to the distribution of video programming, and consumers rely on a multitude of devices, including tablets, wireless phones, and game consoles, to access IP-delivered video programming.
“Given the growth of streaming services, this action reinforces the FCC’s commitment that people with disabilities should be able to access and enjoy streaming services,” the Commission said.
IP-closed captioning rules apply broadly to the distributors, providers, and owners of IP-delivered video programming. The rules require the closed captioning of IP-delivered video programming and impose requirements on certain apparatus that receive or play back video programming (including certain recording devices). All nonexempt full-length video programming delivered using Internet Protocol must be provided with closed captions if the programming was previously shown on television in the U.S. with captions or is live programming being shown on television in the U.S. with captions.
The Enforcement Bureau’s investigation confirmed that Pluto failed to comply with the IP closed captioning rules when distributing video programming on numerous platforms used to disseminate Pluto TV. Additionally, the company failed to implement the closed captioning functionality requirements and make contact information available to users in order to submit written closed captioning complaints. As a result of Pluto’s actions, individuals with hearing disabilities were unable to access closed captioning when viewing Pluto TV over some platforms.
The consent decree is available at https://docs.fcc.gov/public/attachments/DA-21-1183A1.pdf.
