Rule2021-16870
Closed Captioning of Video Programming; Telecommunications for the Deaf and Hard of Hearing Inc. Petition for Rulemaking
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 14, 2021
Effective
September 14, 2021
Issuing agencies
Federal Communications Commission
Abstract
This document corrects the final rules portion of a Federal Register document published on August 23, 2016. That Federal Register document inadvertently removed existing rules requiring video programming distributors to exercise best efforts to obtain certifications of compliance from video programmers and requiring video programmers adopting Best Practices to certify to video programming distributors regarding adherence to Best Practices and to make those certifications widely available. That Federal Register document also prematurely amended rules to require video programmer registration and certification of compliance.
Full Text
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<title>Federal Register, Volume 86 Issue 175 (Tuesday, September 14, 2021)</title>
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[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51013-51014]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16870]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 79
[CG Docket No. 05-231; FCC 16-17; FRS 41603]
Closed Captioning of Video Programming; Telecommunications for
the Deaf and Hard of Hearing Inc. Petition for Rulemaking
AGENCY: Federal Communications Commission.
ACTION: Correcting amendments.
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SUMMARY: This document corrects the final rules portion of a Federal
Register document published on August 23, 2016. That Federal Register
document inadvertently removed existing rules requiring video
programming distributors to exercise best efforts to obtain
certifications of compliance from video programmers and requiring video
programmers adopting Best Practices to certify to video programming
distributors regarding adherence to Best Practices and to make those
certifications widely available. That Federal Register document also
prematurely amended rules to require video programmer registration and
certification of compliance.
DATES:
Effective date: Effective on September 14, 2021.
Compliance date: The compliance date of section Sec. 79.1(m) is
stayed indefinitely. The Commission will publish a document in the
Federal Register announcing the new compliance date.
ADDRESSES: Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Michael Scott, Consumer and
Governmental Affairs Bureau, (202) 418-1264, or email:
<a href="/cdn-cgi/l/email-protection#8fc2e6ece7eeeae3a1dcece0fbfbcfe9ececa1e8e0f9"><span class="__cf_email__" data-cfemail="7b361218131a1e17552818140f0f3b1d1818551c140d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document corrects the final rules
document published at 81 FR 57473, August 23, 2016.
List of Subjects in 47 CFR Part 79
Cable television operators, Communications equipment, Multichannel
video programming distributors (MVPDs), Satellite television service
providers.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
Final Rules
Accordingly, 47 CFR part 79 is corrected by making the following
correcting amendments:
PART 79--CLOSED CAPTIONING AND VIDEO DESCRIPTION OF VIDEO
PROGRAMMING
0
1. The authority citation for part 79 continues to read as follows:
Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310,
330, 554a, 613, 617.
0
2. Amend Sec. 79.1 by
0
a. Revising paragraph (i)(3);
0
b. Adding paragraph (j)(1);
0
c. Revising paragraphs (k)(1)(iv) and (m)(1) introductory text; and
0
d. Adding paragraph (m)(5).
The additions and revisions read as follows:
Sec. 79.1 Closed captioning of televised video programming.
* * * * *
(i) * * *
(3) Providing contact information to the Commission. (i) Prior to
the compliance date of paragraph (m) of this section, video programming
distributors shall file the contact information described in this
section with the Commission in one of the following ways: through a web
form located on the FCC website; with the Chief of the Disability
Rights Office, Consumer and Governmental Affairs Bureau; or by sending
an email to <a href="/cdn-cgi/l/email-protection#3477787b677170777564607d7b7a7d7a736b647b77745257571a535b42"><span class="__cf_email__" data-cfemail="13505f5c405657505243475a5c5d5a5d544c435c50537570703d747c65">[email protected]</span></a>. Contact information shall be
available to consumers on the FCC website or by telephone inquiry to
the Commission's Consumer Center. Distributors shall notify the
Commission each time there is a change in any of this required
information within 10 business days.
(ii) As of the compliance date of paragraph (m) of this section,
video programming distributors and video programmers shall file contact
information with the Commission through a web form located on the
Commission's website. Such contact information shall include the name
of a person with primary responsibility for captioning issues and
ensuring compliance with the Commission's rules. In addition, such
contact information shall include the person's title or office,
telephone number, fax number (if the video programming distributor or
video programmer has a fax number), postal mailing address, and email
address. Contact information shall be available to consumers on the
Commission's website or by telephone inquiry to the Commission's
Consumer Center. Video programming distributors and video programmers
shall notify the Commission each time there is a change in any of this
required information within ten (10) business days.
(j) * * *
(1)(i) Prior to the compliance date of paragraph (m) of this
section, a video programming distributor shall exercise best efforts to
obtain a certification from each video programmer from which the
distributor obtains programming stating:
(A) Tat the video programmer's programming satisfies the caption
quality standards of paragraph (j)(2) of this section;
(B) That in the ordinary course of business, the video programmer
has
[[Page 51014]]
adopted and follows the Best Practices set forth in paragraph (k)(1) of
this section; or
(C) That the video programmer is exempt from the closed captioning
rules under one or more properly attained exemptions.
(ii) For programmers certifying exemption from the closed
captioning rules, the video programming distributor must obtain a
certification from the programmer that specifies the exact exemption
that the programmer is claiming. Video programming distributors may
satisfy their best efforts obligation by locating a programmer's
certification on the programmer's website or other widely available
locations used for the purpose of posting widely available
certifications. If a video programming distributor is unable to locate
such certification on the programmer's website or other widely
available location used for the purpose of posting such certification,
the video programming distributor must inform the video programmer in
writing that it must make widely available such certification within 30
days after receiving the written request. If a video programmer does
not make such certification widely available within 30 days after
receiving a written request, the video programming distributor shall
promptly submit a report to the Commission identifying such non-
certifying video programmer for the purpose of being placed in a
publicly available database. A video programming distributor that meets
each of the requirements of this paragraph shall not be liable for
violations of paragraphs (j)(2) and (3) of this section to the extent
that any such violations are outside the control of the video
programming distributor. Compliance with this paragraph (j)(1) shall
not be required as of the compliance date of paragraph (m) of this
section. The Commission will publish a document in the Federal Register
announcing that compliance date and revising this paragraph
accordingly.
* * * * *
(k) * * * (1) * * *
(iv) Certification procedures for video programmers. Video
programmers adopting Best Practices will take one of the following
actions to certify that they adhere to Best Practices for video
programmers.
(A) Prior to the compliance date of paragraph (m) of this section,
video programmers adopting Best Practices will certify to video
programming distributors that they adhere to Best Practices for video
programmers and will make such certifications widely available to video
programming distributors, for example, by posting on affiliate
websites.
(B) As of the compliance date of paragraph (m) of this section,
video programmers adopting Best Practices will certify to the
Commission that they adhere to Best Practices for video programmers, in
accordance with paragraph (m) of this section.
* * * * *
(m) * * *
(1) On or before the compliance date, or prior to the first time a
video programmer that has not previously provided video programming
shown on television provides video programming for television for the
first time, whichever is later, and on or before July 1 of each year
thereafter, each video programmer shall submit a certification to the
Commission through a web form located on the Commission's website
stating that:
* * * * *
(5) Compliance with paragraphs (m)(1) through (4) of this section
is not required until the Commission publishes a document in the
Federal Register announcing the compliance date and revising this
paragraph accordingly.
* * * * *
[FR Doc. 2021-16870 Filed 9-13-21; 8:45 am]
BILLING CODE 6712-01-P
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