Federal Communications Commission DA 21-1183
intended to provide Pluto with the opportunity to work with interested stakeholders on solutions.
30
In
Comments filed on February 21, 2020, Pluto purported to withdraw its Petition for Waiver with respect to
certain Platforms, reiterated its request concerning other Platforms, and sought guidance from the
Commission and stakeholders with respect to Platforms where Pluto claimed that “compliance may not be
reasonably feasible.”
31
On June 8, 2020, Pluto filed a letter to update the record, stating that it had sunset
its programming several weeks prior on three Platforms for which Pluto had sought a waiver and
requesting that the Media Bureau suspend further action on the Petition for Waiver.
32
On September 21,
2021, Pluto filed a Request to Withdraw its Petition for Waiver with the Media Bureau, which the Media
Bureau granted contemporaneously with the Order adopting this Consent Decree.
33
10. The Enforcement Bureau issued a Letter of Inquiry to Pluto on February 7, 2020.
34
Pluto
responded on March 11, 2020.
35
The Investigation confirmed that Pluto had failed to comply with the IP
Closed Captioning Rules when disseminating Video Programming on some Platforms.
36
Even after being
reminded of its closed captioning obligations, after filing the Petition for Waiver, after receiving the LOI
and throughout the Investigation, Pluto continued to offer Pluto TV on existing Platforms and initiated
Pluto TV on several new Platforms without being in compliance with the IP Closed Captioning Rules. 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 Bureau found that Pluto failed to: (a) enable the
rendering or pass through of required captions provided by the Video Programming Owners on numerous
Platforms used to disseminate Pluto TV, pursuant to section 79.4, (b) implement the closed captioning
functionality requirements contained in section 79.103, and (c) make contact information available to end
30
Closed Captioning of Internet Protocol-Delivered Video Programming: Implementation of the Twenty-First
Century Communications and Video Accessibility Act of 2010, MB Docket No. 11-154, Order Granting Extension of
Time to File Comments and Reply Comments, 34 FCC Rcd 6303 (MB 2019); Closed Captioning of Internet
Protocol-Delivered Video Programming: Implementation of the Twenty-First Century Communications and Video
Accessibility Act of 2010, MB Docket No. 11-154, Order Granting Further Extension of Time to File Comments and
Reply Comments, 34 FCC Rcd 10356 (MB 2019) (granting an extension due to a good cause showing that TDI and
Pluto would “work together to reach a solution to the issues raised in the Petition that is mutually acceptable both to
Pluto TV and the deaf or hard of hearing community”).
31
Pluto, Inc. Comments, MB Docket No. 11-154, at 1-2 (Feb. 21, 2020) (Pluto Feb. 21, 2020 Waiver Comments).
The Pluto Inc. Petition for Waiver was opposed by various consumer groups including Telecommunications for the
Deaf and Hard of Hearing, Inc. (TDI). Consumer Groups Opposition to the Petition for Waiver by Pluto, Inc., MB
Docket No. 11-154 (Feb. 21, 2020) (Consumer Groups Opposition).
32
Pluto Update to Record at 1.
33
Request to Withdraw Petition for Waiver of Pluto Inc., MB Docket 11-154 (filed Sept. 21, 2021)
(https://ecfsapi.fcc.gov/file/10921979606112/Pluto%20Inc%20-
%20Request%20for%20Withdrawal%20of%20Petition%20for%20Waiver%20%5BSept.%2021%202021%5D.pdf);
Closed Captioning of Internet Protocol-Delivered Video Programming: Implementation of the Twenty-First Century
Communications and Video Accessibility Act of 2010, MB Docket No. 11-154, Order, DA 21-1184 (MB Sept. 29,
2021).
34
Letter of Inquiry from Kristi Thompson, Chief, Telecommunications Consumers Division, FCC Enforcement
Bureau, to Gerard J. Waldron, Esq., Counsel to Pluto, Inc. (Feb. 7, 2020) (on file in EB-TCD-20- 00030606) (LOI).
35
LOI Response.
36
LOI Response at 3-5, Response to Questions 3-6.