SEP 6 ILLEGIBLE

The Honorable Patsy T. Mink
U.S. House of Representatives
2135 Rayburn House Office Building
Washington, D.C. 20515-1102

Dear Congresswoman Mink:

        I am responding to your inquiry regarding the requirements
of the Americans with Disabilities Act (ADA) for television
stations. Specifically, you ask whether television stations are
required to provide voice enhancement broadcasts for persons with
visual impairments and closed-captioned broadcasts for persons
with hearing impairments.

        The only provision of the ADA that addresses television
broadcasts is Section 402, which requires television public
service announcements produced or funded in whole or in part by
any Federal agency or instrumentality to include closed
captioning. Section 402 also provides that a television
broadcast station licensee is not required to supply closed
captioning for any such announcement that fails to include it.
Nor can a broadcast station licensee be held liable for
broadcasting such an announcement without closed captioning
unless the closed caption was included with the announcement and
the licensee intentionally fails to broadcast it.

        I hope this information is helpful to you.

                                Sincerely,

                                Sheila F. Anthony
                                Assistant Attorney General

FOIA

01-03417
                        Congress of the United States
                          House of Representatives
                          Washington, DC 20515-1102

                                August 20, 1994


Ms. Sheila Foster Anthony
Assistant Attorney General
Legislative Affairs
Department of Justice
10th & Constitution, N.W.
Washington, D.C. 20530

Dear Ms. Anthony:
I am writing to inquire if the Americans with Disabilities Act
(ADA) requires television stations to provide voice enhancement
broadcasts for visually-impaired consumers.

Most television stations have closed-caption options for the
hearing-impaired. Is this mandated by ADA or is this something
that television stations provide voluntarily ?

Your assistance in clarifying what, if any, requirements exist
for television broadcasts under the ADA is greatly appreciated.

                                Very truly yours,

                                PATSY T. MINK
                                Member of Congress

01-03418