In late 2006, the FCC’s Consumer and Government Affairs Bureau (“CGB”) issued the Anglers Order, providing a wholesale exemption for non-profit entities seeking to avoid the strictures of the Commission’s closed captioning rules. Disability advocates quickly criticized the Anglers Order on administrative law and communications law grounds. This paper avoids administrative law and communications law issues, but instead criticizes the Anglers Order on non-profit law and policy grounds. The paper then recommends and supports a post-application, narrowly-tailored financial test, automatically exempting A) non-profit organizations, with B) less than $25,000 in annual revenue, who C) receive no financial compensation for airing the program.
Joshua Pila, Angling for a Fair Standard: A Recommendation for a Narrowly Tailored Non-profit Exemption to the Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007)