(No. 121)
(Approved August 8, 2002)
AN ACT
To provide that the subtitle system, also known as "closed caption" shall be used in combination with sign language in all public service announcements that involve the use of any environmental sound, sound effect, dialogue or spoken message transmitted by any of the licensed local televisions stations, whether public or private, and that have been defrayed, in whole or in part, with public Commonwealth or Municipal funds.
STATEMENT OF MOTIVES
In Puerto Rico, there are nearly 800,000 residents who have some type of physical, mental or sensory disability. Of these, approximately 138,238 persons have some sort of hearing disability. They represent a 3.6% of the total population of Puerto Rico.
At present, the regulations of the Federal Communications Commission compel all television stations at the national level, to broadcast all emergency information in a manner accessible to the hearing impaired. (47 C.F.R. 79.1-79.2). It should also be taken into account that at the federal level (47 U.S.C.A. Sec. 611), it is required that every public service announcement produced and paid for with federal funds must include the “closed caption” system. Said regulations apply to the Commonwealth of Puerto Rico therefore our television stations have the obligation to comply with them. However, said federal obligation does not include public services paid for with public Commonwealth funds. Therefore, there is no
legal impediment for the Legislature to propose and approve the contents of this legislative measure. In this case there is no preemption of the federal laws, since we are concerned with commonwealth and not federal funds.
If language has the important function to inform human beings and allow interaction between him/herself and his/her surroundings at all levels and dimensions, then it becomes the fundamental element of accessibility to said reality. To deny communications accessibility to the hearing impaired (through any communications media adapted to the needs of this sectors of the population) constitutes a violation of the most fundamental rights of a person and his/her dignity. Within the population of the hearing impaired, it causes ignorance of basic matters that should be known by any person whether hearing impaired or not. Likewise, it constitutes a violation to the right to be informed, to be able to react to any situation that merits social or personal action.
The hearing impaired population has been one of the most forgotten in Puerto Rico. The fact that their condition is not something visible contributes to their needs not being a social priority. On the other hand, the lack of knowledge of sign language and the dimensions of the hearing impediment among the population in general, as well as the information on linguistic investigations in this area and the lack of basic linguistic and educational investigations on the socio-cultural reality of the Puerto Rican hearing impaired, have been crucial elements that have kept our Island as one the slowest countries in the development of services directed to this population.
Taking into consideration that the people are the reason behind every piece of legislation and social activity, to legislate in favor of such basic rights, as having access to information, constitutes the act of an avant-garde
civilization in an effort to protect them, all equally by resorting to the creation of laws that compel compliance with this purpose. It is evident that those who do not live this situation do not view it as a priority within the social needs that the State must satisfy.
For years, the hearing impaired community has been in need of these basic services without which it is impossible for a human being to progress and contribute to the modern society in which we live; especially in societies whose development is geared towards the use of modern technology. The fact that much of this technology has been invented with the purpose of making the lives of these persons easier, by allowing them access to services, activities and most of all to information, is ironic.
The provisions of this law shall take effect on January 1, 2003. The reason for establishing this date is, that pursuant to the regulations of the Federal Communications Commission under the "FCC Report and Order on Captioning", in August of 1997, the new programs broadcast in or after January 1, 1998, shall gradually increase the number of subtitled programs in real time. That is to say, that gradual compliance shall be in the following manner: at least 25% of the new programming by January 1, 2000, at least 50% of the new programming by January 1, 2002, at least 75% of the new programming by January 1, 2004, and 100% of al new programming by January 1, 2006. On the other hand, for programming established before January 1, 1998, it is established by regulations that at least 30% of the programs transmitted must be in compliance with the subtitle system by January 1, 2003.
In view of the fact that the licensed television stations established and operating in the Commonwealth of Puerto Rico have begun their broadcasting before January 1, 1998, and that they have the obligation to
comply with the subtitle system in at least 30% of their programming by January 1, 2003, we deem that it would be pertinent to establish the effectiveness of this Act on that date, since its effectiveness would be in harmony with the provisions of the federal regulation, and the efforts of television stations directed to comply with these provisions would not be duplicated, since they could be consolidated.
In our concern for the social problems of our Island and in view of the urgent need to keep all our citizens informed on the current events or activities, this Legislature deems it meritorious to urgently heed the claims of a large sector of our population who do not enjoy the same rights and privileges of receiving information in equal conditions as the rest of the citizenry. The urgency in the need to protect the rights of the hearing impaired citizens arises when the discrimination against or the disadvantages of these citizens is clearly revealed. The communication barriers faced by the hearing-impaired citizens very often represent the greatest obstacle for these citizens to achieve a life of greater independence and social participation.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO: Section 1.- It is hereby provided that the subtitle system, also known as "closed caption", shall be used in combination with sign language in all public service announcements that involve the use of any environmental sound, sound effects, dialogue or verbal message, transmitted by any of the licensed local television stations, whether public or private, and that have been defrayed, in whole or in part, with public Commonwealth or Municipal funds.
For the purposes of this Act, the Subtitle system, also known as "closed caption", refers to the form of technology designed to provide access to
hearing-impaired persons to information, which is transmitted through a coded signal and deciphered through a television set, which is visualized in the form of subtitles on the television screen.
Section 2.- The Advocate for Persons with Disabilities may establish collaborative agreements with local licensed television stations, whether public or private, referred to in Section 1 of this Act, to implement the provisions of this Act.
The Advocate for Persons with Disabilities may also orient and/or coordinate efforts to provide the “closed caption” service in the programs referred to in Section 1 of this Act.
Furthermore, the Advocate for Persons with Disabilities shall assist and offer orientation to persons with disabilities in filing complaints against television stations, pursuant to the provisions of the federal legislation, at present codified as 47 C.F.R. 79.1 (g)(h).
Section 3.- The Advocate for Persons with Disabilities is hereby empowered to establish the regulations needed to comply with the objectives of the Act, pursuant to the provisions of Act No. 170 of August 12, 1988, as amended.
Section 4.- If any part of this Act is declared null by a Court of competent jurisdiction, this ruling shall not affect nor invalidate the rest of this Act, and its effect shall be limited to the matter subject to the judicial ruling.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 121 (S.B. 1199) of the 3rd Session of the 14th Legislature of Puerto Rico:
AN ACT to provide that the subtitle system, also known as "closed caption" shall be used in combination with sign language in all public service announcements that involve the use of any environmental sound, sound effect, dialogue or spoken message transmitted by any of the licensed local televisions stations, whether public or private, and that have been defrayed, in whole or in part, with public Commonwealth or Municipal funds,
has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 18th of October of 2002.
Elba Rosa Rodríguez-Fuentes Director
