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Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description

3.2.3. Baseline by Venue Type

Lastly, the baseline is applied to the projected number of auditoriums by venue type in the compliance year. This section explains how the auditoriums equipped to provide closed movie captioning or audio description are distributed by venue type (Section 2.1.4).

Industry research suggests that Single-Auditorium movie theaters are less likely to have auditoriums equipped to provide closed movie captioning and audio description because they are typically operated by firms with lower average revenues.  Therefore, the Final RA assumes that all auditoriums operated by Single-Auditorium movie theaters currently lack the necessary equipment to provide closed movie captioning and audio description.  Auditoriums equipped to provide closed movie captioning and audio description are assumed to be distributed proportionally among Megaplex, Multiplex, and Miniplex movie theaters.  Table 3-12 below shows the distribution of auditoriums across each venue type under the Medium Accessibility baseline, adjusted to reflect this assumption.  The percentage of auditoriums equipped to provide closed movie captioning or audio description for each venue type is adjusted so that the total number of auditoriums equipped to provide closed movie captioning or audio description in the analysis matches the estimated total number of auditoriums equipped to provide such features in the Medium Accessibility baseline shown in Table 3-9.  As shown in Table 3-12, around 72 percent of auditoriums operated in Megaplex, Multiplex and Miniplex theaters are assumed to be equipped to provide closed movie captioning.  Similarly, approximately 71 percent of auditoriums in these movie theaters are assumed to be equipped to provide audio description.

Table 3-12 : Medium Accessibility Baseline by Venue Type–Captioning and Audio Description

Venue Type

Captioning Medium Accessibility Baseline

Audio Description Medium Accessibility Baseline

Megaplex

72%

71%

Multiplex

72%

71%

Miniplex

72%

71%

Single-Auditorium

0%

0%

The Medium Accessibility baseline percentage by venue type above is then applied to the number of indoor auditoriums exhibiting digital movies in the compliance year, presented in Table 3-9.  Table 3-13 below shows the calculation used to determine the Department’s assumption regarding the number of auditoriums subject to the rulemaking that are and are not equipped to provide closed movie captioning or audio description.  As the table shows, the Department assumes that 9,561 of the auditoriums at Megaplex movie theaters are equipped to provide closed movie captioning, while 3,778 are assumed to not be equipped to provide closed movie captioning.

Table 3-13 : Calculation of Auditoriums That Are Equipped to Provide Captioning by Venue Type

Venue Type

Number of Auditoriums (2017)

×

Captioning Medium Accessibility Baseline

=

Auditoriums Equipped to Provide Captioning

Auditoriums That Are Not Equipped to Provide Captioning

Megaplex
(16+ auditoriums)

13,339

×

72%

=

9,561

3,778

Multiplex
(8–15 auditoriums)

21,159

×

72%

=

15,166

5,993

Miniplex
(2–7 auditoriums)

4,065

×

72%

=

2,914

1,151

Single-Auditorium

774

×

0%

=

0

774

Total

39,338

×

70%*

=

27,641

11,697

*Percentage of all auditoriums equipped to provide captioning

The same methodology is used to calculate the number of auditoriums subject to the rulemaking that are and are not equipped to provide audio description.

Table 3-14: Calculation of Auditoriums That Are Equipped to Provide Audio Description by Venue Type


Venue Type

Number of Auditoriums (2017)

×

Audio Description Medium Accessibility Baseline

=

Auditoriums That Are Equipped to Provide Audio Description

Auditoriums That Are Not Equipped to Provide Audio Description

Megaplex
(16+ auditoriums)

13,339

×

71%

=

9,493

3,846

Multiplex
(8–15 auditoriums)

21,159

×

71%

=

15,058

6,101

Miniplex
(2–7 auditoriums)

4,065

×

71%

=

2,893

1,172

Single-Auditorium

774

×

0%

=

0

774

Total

39,338

×

70%*

=

27,444

11,894

*Percentage of all auditoriums equipped to provide audio description

As shown in Section 2.3.1 and Section 2.3.2, the number of indoor digital auditoriums that are and are not equipped to provide closed movie captioning or audio description in the compliance year provides the basis of estimating how many units of equipment will be purchased as a result of the rulemaking.

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