Proposed Rule2023-06527
Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010
Primary source
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Published
March 29, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission proposes to expand its support for individuals who are blind or visually impaired and ensure they have nationwide access to video programming by expanding its audio description requirements to additional market areas. Specifically, the Commission proposes to phase in an additional 10 designated market areas each year until audio description is available in all such market areas.
Full Text
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<title>Federal Register, Volume 88 Issue 60 (Wednesday, March 29, 2023)</title>
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[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18505-18509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06527]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 79
[MB Docket No. 11-43; FCC 23-20; FR ID 133388]
Video Description: Implementation of the Twenty-First Century
Communications and Video Accessibility Act of 2010
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission proposes to expand its
support for individuals who are blind or visually impaired and ensure
they have nationwide access to video programming by expanding its audio
description requirements to additional market areas. Specifically, the
Commission proposes to phase in an additional 10 designated market
areas each year until audio description is available in all such market
areas.
DATES: Comments are due on or before April 28, 2023; reply comments are
due on or before May 15, 2023.
ADDRESSES: You may submit comments, identified by MB Docket No. 11-43,
by any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, public notice, DA 20-304 (March 19, 2020).
People with Disabilities. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#6c0a0f0f595c582c0a0f0f420b031a"><span class="__cf_email__" data-cfemail="70161313454044301613135e171f06">[email protected]</span></a> or call the FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice).
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Diana Sokolow, <a href="/cdn-cgi/l/email-protection#64200d050a054a370b0f0b080b13240207074a030b12"><span class="__cf_email__" data-cfemail="d296bbb3bcb3fc81bdb9bdbebda592b4b1b1fcb5bda4">[email protected]</span></a>, of the Policy
Division, Media Bureau, (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking, FCC 23-20, adopted on March 16,
2023 and released on March 17, 2023. The full text of this document is
available on the FCC's website at <a href="https://docs.fcc.gov/public/attachments/FCC-23-20A1.pdf">https://docs.fcc.gov/public/attachments/FCC-23-20A1.pdf</a> or electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat via ECFS.
Synopsis
1. In the Further Notice of Proposed Rulemaking (FNPRM), the
Commission proposes to expand its support for individuals who are blind
or visually impaired and ensure they have nationwide access to video
programming by expanding its audio description requirements to
additional market areas. Consistent with the Twenty-First Century
Communications and Video Accessibility Act of 2010 (CVAA), we propose
to phase in an additional 10 designated market areas (DMAs) each year
until audio description is available in all such market areas. The
proposed expansion would help ensure that a greater number of
individuals who are blind or visually impaired can be connected,
informed, and entertained by television programming.
2. Audio description makes video programming more accessible to
individuals who are blind or visually impaired through ``[t]he
insertion of audio narrated descriptions of a television program's key
visual elements into natural pauses between the program's dialogue.''
\1\ The Commission's audio description rules currently require certain
television broadcast stations and multichannel video programming
distributors (MVPDs) to provide audio description for a portion of the
video programming they distribute to consumers. Audio description is
required in DMAs 1 through 60, pursuant to an order adopted by the
Commission in 2011. In 2020, the Commission expanded the audio
description requirements to DMAs 61 through 100 on a phased schedule
that will be complete on January 1, 2024. In that Order, the Commission
also committed to determining in 2023 whether to continue expanding the
audio description requirements to an additional 10 DMAs per year. There
are currently a total of 210 DMAs. Through this FNPRM, we seek comment
on our proposal to expand the audio description requirements using a
phased schedule until all DMAs are covered by the audio description
rules. In particular, we seek comment on whether the costs associated
with expansion beyond DMA 100 are reasonable and whether the consumer
need for expansion outweighs such costs, including whether there are
any unique circumstances applicable to these smaller markets from DMA
101 through DMA 210 that the Commission should consider. We also seek
comment on what rules, procedures, or schedule adjustment the
Commission could consider to balance or minimize such costs against the
consumer benefits of providing nationwide audio description.
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\1\ See 47 CFR 79.3(a)(3). Audio description is typically
provided through the use of a secondary audio stream, which allows
the consumer to choose whether to hear the narration by switching
from the main program audio to the secondary audio.
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3. As required by section 202 of the CVAA, the Commission adopted
rules in 2011 requiring certain television broadcast stations and MVPDs
to provide audio description for a portion of the video programming
that they offer to consumers on television. The current audio
description rules require commercial television broadcast stations that
are affiliated with one of the top four commercial television broadcast
networks (ABC, CBS, Fox, and NBC) and are located in the top television
markets to provide 50 hours of audio-described programming per calendar
quarter during prime time or on children's programming, as well as an
additional 37.5 hours of audio-described programming per calendar
quarter at any time between 6 a.m. and 11:59 p.m.\2\
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\2\ 47 CFR 79.3(b)(1). The rules also require ``[t]elevision
broadcast stations that are affiliated or otherwise associated with
any television network [to] pass through audio description when the
network provides audio description and the broadcast station has the
technical capability necessary to pass through the audio
description, unless it is using the technology used to provide audio
description for another purpose related to the programming that
would conflict with providing the audio description.'' Id.
79.3(b)(3).
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4. The CVAA directed the Commission to submit two reports to
Congress related to audio description, and the second such report is
relevant to this FNPRM. In the Second Report,
[[Page 18506]]
the CVAA required the Commission to assess, among other topics, ``the
potential costs to program owners, providers, and distributors in
[DMAs] outside of the top 60 of creating [audio-described]
programming'' and ``the need for additional described programming in
[DMAs] outside the top 60.'' \3\ The Bureau submitted the Second Report
to Congress in October 2019, describing the consumer desire for
application of the audio description rules outside the top 60 DMAs but
stating that commenters did not offer ``detailed or conclusive
information'' as to the costs of such an expansion or a station's
ability to bear those costs. It thus deferred issuing a determination
regarding whether any costs associated with the expansion would be
reasonable, explaining that, ``[s]hould the Commission seek to expand
the [audio] description requirements to DMAs outside the top 60, it
will need to utilize the information contained in this Second Report,
and any further information available to it at the time, to determine
that `the costs of implementing the [audio] description regulations to
program owners, providers, and distributors in those additional markets
are reasonable.' '' \4\
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\3\ 47 U.S.C. 613(f)(4)(C)(iii)(IV), (VII).
\4\ Second Report at paragraph 28 (quoting 47 U.S.C.
613(f)(4)(C)(iv)(I)).
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5. The CVAA provides the Commission with authority ``to phase in
the [audio] description regulations for up to an additional 10 [DMAs]
each year,'' ``based upon the findings, conclusions, and
recommendations contained in the [Second Report],'' ``(I) if the costs
of implementing the [audio] description regulations to program owners,
providers, and distributors in those additional markets are reasonable,
as determined by the Commission; and (II) except that the Commission
may grant waivers to entities in specific [DMAs] where it deems
appropriate.'' \5\ Exercising this authority, the Commission adopted a
phased expansion of the audio description rules, finding that the costs
of the expansion to DMAs 61 through 100 are reasonable for program
owners, providers, and distributors. The audio description requirements
extended to DMAs 61 through 70 on January 1, 2021, to DMAs 71 through
80 on January 1, 2022, and to DMAs 81 through 90 on January 1, 2023.
The requirements will extend to DMAs 91 through 100 on January 1, 2024.
Thus far, the timetable for the phased expansion has been successful,
with no requests for relief under either the rule governing exemptions
due to economic burden or the more general waiver rule.
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\5\ 47 U.S.C. 613(f)(4)(C)(iv).
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6. The 2020 Audio Description Order also indicated that the
Commission would consider in 2023 whether to continue expanding the
audio description requirements to an additional 10 DMAs per year, after
assessing the reasonableness of the associated costs. The Commission
explained that deferring a determination on the application of the
audio description rules beyond DMA 100 ``will best enable us to
consider the unique circumstances that may be applicable'' to the
smallest markets, and provides ``the additional benefit of . . . any
additional information gleaned from [the] practical experience'' of
expansion beyond DMA 60.
7. Consistent with the CVAA, we propose to continue phasing in the
audio description requirements for an additional 10 DMAs each year
until all 210 DMAs are covered, and we invite comment on this proposal.
Specifically, we invite comment on whether the costs of implementing
the audio description regulations in markets 101 through 210 are
reasonable.
8. We seek comment on the benefits of expanding the audio
description requirements to DMAs 101 through 210. The Second Report
indicated that consumers seek expansion of the audio description
requirements to additional DMAs, and we believe that even in the
smallest DMAs, our proposal will provide significant benefits to
consumers who are blind or visually impaired. As the Commission has
previously stated, ``[i]t is indisputable that [audio] description
enhances the accessibility of video programming to consumers who are
blind or visually impaired.'' In addition to the benefits for consumers
who are blind or visually impaired, when the Commission expanded the
audio description requirements to DMAs 61 through 100, it found that
``consumers who are not blind or visually impaired and live in those
markets also would benefit from the expansion, such as consumers with
other sensory or cognitive impairments, individuals learning the
language, and those who listen to video programming while
multitasking.'' We invite comment on the benefits of the proposed
expansion to consumers in DMAs 101 through 210. Commenters should
provide specific data on the amount of audio-described programming
currently available in DMAs 101 through 210, including comparing that
data to the amount that would be available if the Commission were to
expand the audio description requirements to such DMAs. We also invite
commenters to discuss any other benefits of the proposed expansion.
9. We also seek comment on the costs of expanding the audio
description requirements to DMAs 101 through 210. Specifically, the
CVAA permits the Commission to extend the audio description
requirements to additional DMAs ``if the costs of implementing the
[audio] description regulations to program owners, providers, and
distributors in those additional markets are reasonable, as determined
by the Commission.'' When the Commission extended the audio description
requirements to DMAs 61 through 100, it concluded that the costs of
compliance were reasonable. We thus ask commenters to discuss whether
the Commission's analysis in 2020 for DMAs 61-100 similarly applies
today to DMAs 101 through 210. Specifically, have the costs of adding
audio description to television programming, which held steady between
2017 and 2020, remained steady today? We encourage commenters to
provide figures demonstrating the estimated costs of complying with the
audio description regulations for program owners, providers, and
distributors in DMAs 101 through 210.
10. We anticipate that any cost caused by application of the audio
description requirements to additional DMAs will be minimized because
covered broadcasters are already required to have the equipment and
infrastructure needed to deliver a secondary audio stream for purposes
of the emergency information requirements, without exception for
technical capability or market size.\6\ In addition, we anticipate that
any such cost will be further minimized because network affiliates in
all DMAs are already required to pass through the audio description
they receive via a network feed, provided the station has the necessary
technical capability and is not using the technology used to provide
audio description for another purpose related to the programming that
would conflict with providing the audio description. We seek comment on
this analysis. How many broadcasters in DMAs 101 through 210 currently
lack the equipment or infrastructure needed to deliver a secondary
audio stream, and would the costs of implementing such
[[Page 18507]]
equipment or infrastructure be minimal? To the extent any broadcasters
that currently lack the necessary equipment or infrastructure believe
that the implementation costs would be significant, could this best be
addressed through the existing process for exemptions due to economic
burden?
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\6\ The Commission's audio description rules define a video
programming provider to include any video programming distributor,
and the rules define a video programming distributor to include any
Commission-licensed television broadcast station. 47 CFR 79.3(a)(2),
(5). Accordingly, television broadcasters clearly fall within the
statutory reference to program providers and distributors. 47 U.S.C.
613(f)(4)(C)(iv).
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11. As an alternative to expanding the audio description
requirements to all DMAs 101 through 210, should the Commission
consider phasing in a smaller subset of DMAs? If so, what would be the
appropriate cutoff? Is there a certain DMA beyond which expansion of
the audio description requirements would create unreasonable costs?
Would this limitation mitigate the cost of expanding the audio
description requirements? Should the Commission consider expanding to a
smaller number of DMAs, such as five DMAs per year, in recognition of
the fact that the markets are smaller? If so, why and what factors
would support such a modification of the phased schedule? Would such
modifications of the schedule mitigate the potential costs or burden of
our proposal?
12. We invite comment on any other issues relevant to our analysis
of the costs of creating audio-described programming in DMAs 101
through 210. For example, when the Commission expanded the audio
description requirements to DMAs 61 through 100, it ``sought comment on
several additional issues related to analyzing the costs, including
information on the differing costs faced by network affiliates that
receive programming via a network feed as compared to other network
affiliates; whether there are any network affiliates in any DMA that do
not receive programming via a network feed; whether network affiliated
stations in markets 61 through 100 would be able to satisfy the audio
description requirements entirely by using the programming they receive
via a network feed; and whether there are differing costs incurred by
stations owned by large station group owners as compared to smaller
station group owners or single stations.'' However, commenters did not
address these issues in the record at that time. To the extent any such
issues are relevant to our proposed extension of the audio description
requirements to DMAs 101 through 210, we invite comment.
13. If the Commission determines that the costs of implementing the
audio description regulations to program owners, providers, and
distributors in DMAs 101 through 210 are ``reasonable,'' we invite
comment on the compliance deadline for the expansion. In 2020, the
Commission adopted an audio description phase-in that will conclude
with DMAs 91 through 100 on January 1, 2024. Accordingly we propose to
continue the phase-in with DMAs 101 through 110 on January 1, 2025,
extending to 10 additional DMAs per year until the phase-in concludes
with DMAs 201 through 210 on January 1, 2035, consistent with the
expansion allowable under the CVAA. We invite comment on whether this
approach, which provides the smallest DMAs with the longest timeframe
for compliance, provides entities with sufficient time for compliance.
14. We seek comment on whether any extension of the rules to
additional DMAs should be based on an updated Nielsen determination,
consistent with Commission precedent and the CVAA, or whether we should
consider other metrics. When the Commission expanded the application of
the rules from the top 25 to the top 60 markets beginning on July 1,
2015, it did so based on updated Nielsen DMA ratings as of January 1,
2015. Similarly, when the Commission again expanded the application of
the rules to the top 100 markets beginning January 1, 2021, it did so
based on updated Nielsen DMA ratings as of January 1, 2020. We propose
to now update our audio description rules to base the phased expansion
as well as the current requirements on updated Nielsen DMA ratings as
of January 1, 2023, and we invite comment on this proposal. We note
that television broadcast stations in the top 90 markets are subject to
the audio description requirements today. If we utilize updated Nielsen
figures, what should be the compliance deadline for stations in a DMA
that was not in the top 90 markets as of January 1, 2020, but is within
the top 90 markets as of January 1, 2023? In the 2020 Audio Description
Order, we provided that stations in a DMA that was not in the top 60
markets as of January 1, 2015, but was within the top 60 markets as of
January 1, 2020, must come into compliance with the audio description
rules by the compliance deadline for DMAs 61 through 70. Similarly,
should we require here that any such station come into compliance with
the audio description rules by the next phased compliance deadline,
which will be the January 1, 2024 deadline applicable to DMAs 91
through 100? Should that next phased compliance deadline be based on
the updated Nielsen DMA rankings, in addition to any subsequent
compliance deadlines that we adopt as a result of this FNPRM? As in
2020, we expect that ``using updated Nielsen data will facilitate the
efficient roll out of audio description obligations to more television
households,'' and we invite comment on this analysis.
15. If the Commission expands the audio description rules to
additional DMAs, we propose that Sec. 79.3(d) of our rules will govern
any petitions for exemption due to economic burden. The audio
description rules permit covered entities to petition the Commission
for a full or partial exemption from the requirements upon a showing
that the requirements are economically burdensome.\7\ Although we
propose that Sec. 79.3(d) will continue to apply to instances in which
an entity seeks to demonstrate that the extension to additional DMAs is
economically burdensome, we recognize that the CVAA also provides that
if an expansion of the audio description rules to additional DMAs
occurs, ``the Commission may grant waivers to entities in specific
[DMAs] where it deems appropriate.'' Section 1.3 of the Commission's
rules governs waivers of the Commission's rules generally. Accordingly,
to the extent a broadcaster subject to the extension believes it needs
relief due to some reason other than economic burden, we propose that
it may seek a waiver under Sec. 1.3. We tentatively conclude that
Sec. Sec. 79.3(d) and 1.3 provide a sufficient mechanism for entities
seeking relief from any expansion of the audio description rules to
additional DMAs, and we invite comment on this conclusion.\8\
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\7\ See 47 CFR 79.3(d). The term ``economically burdensome''
means imposing significant difficulty or expense, and the Commission
considers the following factors in determining whether the
requirements for audio description would be economically burdensome:
(i) the nature and cost of providing audio description of the
programming; (ii) the impact on the operation of the video
programming provider; (iii) the financial resources of the video
programming provider; and (iv) the type of operations of the video
programming provider. Id. 79.3(d)(2)(i) through (iv). In addition,
the Commission considers any other factors the petitioner deems
relevant to the determination and any available alternative that
might constitute a reasonable substitute for the audio description
requirements, and it evaluates economic burden with regard to the
individual outlet. Id. 79.3(d)(3). In the first audio description
report that the Commission submitted to Congress in accordance with
the CVAA, the Media Bureau stated its belief ``that the ability to
seek an exemption on the basis of economic burden should alleviate
the potential for undue cost burdens on covered entities,
particularly when the rules go into effect for broadcast stations in
television markets ranked 26 through 60 in 2015.''
\8\ We note additionally that we have not received any requests
for relief under either Sec. 79.3(d) or Sec. 1.3 resulting from
the expansion to DMAs 61 through 100.
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16. We seek information on whether there is additional information
garnered from the practical experience of expanding to DMAs 61 through
100 that may inform our decision on whether to
[[Page 18508]]
expand our requirements to DMAs 101 through 210. We also seek comment
on whether there are any other issues with respect to our proposal to
extend the audio description rules to additional DMAs of which we
should be aware.
17. Digital Equity and Inclusion. Finally, the Commission, as part
of its continuing effort to advance digital equity for all,\9\
including people of color, persons with disabilities, persons who live
in rural or Tribal areas, and others who are or have been historically
underserved, marginalized, or adversely affected by persistent poverty
or inequality, invites comment on any equity-related considerations
\10\ and benefits (if any) that may be associated with the proposals
and issues discussed herein. Specifically, we seek comment on how our
proposals may promote or inhibit advances in diversity, equity,
inclusion, and accessibility, as well the scope of the Commission's
relevant legal authority.
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\9\ Section 1 of the Communications Act of 1934 as amended
provides that the FCC ``regulat[es] interstate and foreign commerce
in communication by wire and radio so as to make [such service]
available, so far as possible, to all the people of the United
States, without discrimination on the basis of race, color,
religion, national origin, or sex.'' 47 U.S.C. 151.
\10\ The term ``equity'' is used here consistent with Executive
Order 13985 as the consistent and systematic fair, just, and
impartial treatment of all individuals, including individuals who
belong to underserved communities that have been denied such
treatment, such as Black, Latino, and Indigenous and Native American
persons, Asian Americans and Pacific Islanders and other persons of
color; members of religious minorities; lesbian, gay, bisexual,
transgender, and queer (LGBTQ+) persons; persons with disabilities;
persons who live in rural areas; and persons otherwise adversely
affected by persistent poverty or inequality. See Exec. Order No.
13985, 86 FR 7009, Executive Order on Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government
(January 20, 2021).
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18. Initial Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission
has prepared an Initial Regulatory Flexibility Analysis (IRFA)
concerning the possible significant economic impact on small entities
by the policies and rules proposed in the Further Notice of Proposed
Rulemaking (FNPRM). Written public comments are requested on the IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments indicated on the first page of the FNPRM.
The Commission will send a copy of the FNPRM, including the IRFA, to
the Chief Counsel for Advocacy of the Small Business Administration
(SBA). In summary, the FNPRM proposes to expand the Commission's
support for individuals who are blind or visually impaired and ensure
they have nationwide access to video programming by expanding the
Commission's audio description requirements to additional market areas.
Consistent with the CVAA, the Commission proposes to phase in an
additional 10 DMAs each year until audio description is available in
all such market areas. There are currently 210 DMAs. The proposed
expansion would help ensure that a greater number of individuals who
are blind or visually impaired can be connected, informed, and
entertained by television programming. The proposed action is
authorized pursuant to the Twenty-First Century Communications and
Video Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751,
and section 713 of the Communications Act of 1934, as amended, 47
U.S.C. 613. The types of small entities that may be affected by the
proposals contained in the FNPRM fall within the following categories:
Television Broadcasting, Wired Telecommunications Carriers, Cable and
Other Subscription Programming, Cable Companies and Systems (Rate
Regulation), Cable System Operators (Telecom Act Standard), and Direct
Broadcast Satellite (DBS) Service.
19. The projected reporting, recordkeeping, and other compliance
requirements are as follows. The FNPRM proposes phasing in the existing
audio description requirements for an additional 10 DMAs each year,
beginning with DMAs 101 through 110 on January 1, 2025 and continuing
until all 210 DMAs are covered, which will be on January 1, 2035. The
substance of the audio description requirements would not change, but
rather, this would be an expansion of the DMAs in which broadcast
television stations are required to comply with the requirements. In
determining the deadline applicable to each DMA, the FNPRM proposes
that the Commission should base the extension on an updated Nielsen
determination. Finally, if the Commission expands the audio description
requirements to additional DMAs, the FNPRM proposes that Sec. 79.3(d)
of the Commission's rules will govern any petitions for exemption due
to economic burden, and the FNPRM also states that Sec. 1.3 of the
Commission's rules governs waivers of the Commission's rules generally.
There is no overlap with other regulations or laws.
20. The FNPRM focuses on engaging in a cost-benefit analysis to
determine the effects the expansion would have. It invites comment on
whether the costs of implementing the audio description regulations in
markets 101 through 210 are reasonable. The FNPRM explains that we
anticipate any cost would be minimized because covered broadcasters are
already required to have the equipment and infrastructure needed to
deliver a secondary audio stream for purposes of the emergency
information requirements, without exception for technical capability or
market size. In addition, it states that we anticipate that any cost
would be further minimized because network affiliates in all DMAs are
already required to pass through the audio description they receive via
a network feed, provided the station has the necessary technical
capability and is not using the technology used to provide audio
description for another purpose related to the programming that would
conflict with providing the audio description. The FNPRM states that
even in the smallest DMAs, the Commission believes that the proposal
will provide significant benefits to consumers who are blind or
visually impaired. Comments on the FNPRM will help us evaluate the
benefits and costs of the proposed expansion and whether the costs
would be reasonable. The Commission has attempted to minimize the
impact of the rules on small entities, and it invites comment on
alternative approaches.
21. Paperwork Reduction Act. This document does not contain
proposed information collection(s) subject to the Paperwork Reduction
Act of 1995 (PRA), Public Law 104-13.\11\ In addition, therefore, it
does not contain any proposed new or modified information collection
burden for small business concerns with fewer than 25 employees,
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4).
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\11\ If the Commission adopts its proposal to extend the audio
description requirements to additional DMAs, it will file a non-
substantive modification to the information collection that contains
Sec. 79.3 (OMB 3060-1148) to clarify that the audio description
requirements have been extended to additional DMAs.
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22. Ex Parte Rules--Permit-But-Disclose. This proceeding shall be
treated as a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules.\12\ Persons making ex parte presentations
must file a copy of any written presentation or a memorandum
summarizing any oral presentation within two business days after the
presentation (unless a different deadline applicable to the Sunshine
period applies). Persons making oral ex parte presentations are
reminded that memoranda summarizing the
[[Page 18509]]
presentation must (1) list all persons attending or otherwise
participating in the meeting at which the ex parte presentation was
made, and (2) summarize all data presented and arguments made during
the presentation. If the presentation consisted in whole or in part of
the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the
proceeding, the presenter may provide citations to such data or
arguments in his or her prior comments, memoranda, or other filings
(specifying the relevant page and/or paragraph numbers where such data
or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
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\12\ 47 CFR 1.1200 et seq.
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23. Filing Requirements--Comments and Replies. Pursuant to
Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415,
1.419, interested parties may file comments and reply comments on or
before the dates indicated on the first page of this document. Comments
may be filed using the Commission's Electronic Comment Filing System
(ECFS). See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
24. The proposed action is authorized pursuant to the Twenty-First
Century Communications and Video Accessibility Act of 2010, Public Law
111-260, 124 Stat. 2751, and the authority contained in section 713 of
the Communications Act of 1934, as amended, 47 U.S.C. 613.
List of Subjects in 47 CFR Part 79
Communications equipment, Television broadcasters.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 79 as follows:
PART 79--ACCESSIBILITY 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, 544a, 613, 617.
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2. Amend Sec. 79.3 by revising paragraph (b)(1) to read as follows:
Sec. 79.3 Audio description of video programming.
* * * * *
(b) * * *
(1) Commercial television broadcast stations that are affiliated
with one of the top four commercial television broadcast networks (ABC,
CBS, Fox, and NBC), and that are licensed to a community located in the
top 90 DMAs, as determined by The Nielsen Company as of January 1,
2023, must provide 50 hours of audio description per calendar quarter,
either during prime time or on children's programming, and 37.5
additional hours of audio description per calendar quarter between 6
a.m. and 11:59 p.m. local time, on each programming stream on which
they carry one of the top four commercial television broadcast
networks. If a previously unaffiliated station in one of these markets
becomes affiliated with one of these networks, it must begin compliance
with these requirements no later than three months after the
affiliation agreement is finalized. On January 1, 2024, and on January
1 each year thereafter until January 1, 2035, the requirements of this
paragraph (b)(1) shall extend to the next 10 largest DMAs as determined
by The Nielsen Company as of January 1, 2023;
* * * * *
[FR Doc. 2023-06527 Filed 3-28-23; 8:45 am]
BILLING CODE 6712-01-P
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