Notice2023-18091
Information Collection Being Reviewed by the Federal Communications Commission
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
August 23, 2023
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 162 (Wednesday, August 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57448-57450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18091]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-0967; FR ID 164365]
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act of 1995 (PRA), the
Federal Communications Commission (FCC or Commission) invites the
general public and other Federal agencies to take this opportunity to
comment on the following information collections. Comments are
requested concerning: whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; the accuracy of the Commission's burden estimate; ways to
enhance the quality, utility, and clarity of the information collected;
ways to minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology; and ways to further reduce the
information collection burden on small business concerns with fewer
than 25 employees.
DATES: Written PRA comments should be submitted on or before October
23, 2023. If you anticipate that you will be submitting comments but
find it difficult to do so within the period of time allowed by this
notice, you should advise the contact listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to
<a href="/cdn-cgi/l/email-protection#663634272600050548010910"><span class="__cf_email__" data-cfemail="376765767751545419505841">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#296a485d4150077e4045454048445a694f4a4a074e465f"><span class="__cf_email__" data-cfemail="0142607569782f56686d6d68606c72416762622f666e77">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION: The FCC may not conduct or sponsor a
collection of information unless it displays a currently valid Office
of Management and Budget (OMB) control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the PRA that does not display a valid OMB
control number.
OMB Control No.: 3060-0967.
Title: Section 79.2, Accessibility of Programming Providing
Emergency Information, and Emergency Information; Section 79.105, Audio
Description and Emergency Information Accessibility Requirements for
All Apparatus; Section 79.106, Audio Description and Emergency
Information Accessibility Requirements for Recording Devices.
Form No.: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; and State, Local, or Tribal
Government.
Number of Respondents and Responses: 158 respondents; 261
responses.
Estimated Time per Response: 0.5 to 5 hours.
Frequency of Response: Annual and on occasion reporting
requirements;
[[Page 57449]]
Recordkeeping requirement; Third party disclosure requirement.
Obligation to Respond: Voluntary. The statutory authority for the
collection is contained in the Twenty-First Century Communications and
Video Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751,
and sections 4(i), 4(j), 303, 330(b), 713, and 716 of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303,
330(b), 613, and 617.
Total Annual Burden: 275 hours.
Annual Cost Burden: $15,300.
Needs and Uses: In 2000, the Commission adopted rules to require
video programming distributors (VPDs) to make emergency information
provided in the audio portion of the programming accessible to viewers
who have hearing disabilities. Second Report and Order, MM Docket No.
95-176, FCC 00-136. Later that year, to ensure that televised emergency
information is accessible to viewers who are blind or visually
impaired, the Commission modified its rules to require VPDs to make
emergency information audible when provided in the video portion of a
regularly scheduled newscast or a newscast that interrupts regular
programming, and to provide an aural tone when emergency information is
provided visually during regular programming (e.g., through screen
crawls or scrolls). Report and Order, MM Docket No. 99-339, FCC 00-258.
In 2013, the Commission adopted rules related to accessible
emergency information and apparatus requirements for emergency
information and video description. Report and Order and Further Notice
of Proposed Rulemaking, MB Docket Nos. 12-107 and 11-43, FCC 13-45.
Specifically, the Commission's rules require that VPDs and video
programming providers (VPPs) (including program owners) make emergency
information accessible to individuals who are blind or visually
impaired by using a secondary audio stream to convey televised
emergency information aurally, when such information is conveyed
visually during programming other than newscasts. The Commission's
rules also require certain apparatus that receive, play back, or record
video programming to make available audio description services and
accessible emergency information.
In 2015, the Commission adopted rules to require the following: (1)
apparatus manufacturers must provide a mechanism that is simple and
easy to use for activating the secondary audio stream to access audible
emergency information; and (2) starting no later than July 10, 2017,
multichannel video programming distributors (MVPDs) must pass through
the secondary audio stream containing audible emergency information
when it is provided on linear programming accessed on second screen
devices (e.g., tablets, smartphones, laptops and similar devices) over
their networks as part of their MVPD services. Second Report and Order
and Second Further Notice of Proposed Rulemaking, MB Docket No. 12-107,
FCC 15-56.
Finally, in 2020, the Commission adopted rules that included
modernizing the term ``video description'' in the subject rules to the
more widely understood ``audio description.'' Report and Order, MB
Docket No. 11-43, FCC 20-155. These rules are codified at 47 CFR 79.2,
79.105, and 79.106.
Information Collection Requirements
(a) Complaints alleging violations of the emergency information
rules.
Section 79.2(c) of the Commission's rules provides that a complaint
alleging a violation of Sec. 79.2 of its rules, may be transmitted to
the Consumer and Governmental Affairs Bureau by any reasonable means,
such as the Commission's online informal complaint filing system,
letter, facsimile transmission, telephone (voice/TRS/TTY), internet
email, audio-cassette recording, Braille, or some other method that
would best accommodate the complainant's disability. After the
Commission receives the informal complaint, the Commission notifies the
VPD or VPP of the complaint, and the VPD or VPP has 30 days to reply.
(b) Complaints alleging violations of the apparatus emergency
information and audio description requirements.
Complaints alleging violations of the rules containing apparatus
emergency information and audio description requirements, 47 CFR
79.105-79.106, may be transmitted to the Consumer and Governmental
Affairs Bureau by any reasonable means, such as the Commission's online
informal complaint filing system, letter in writing or Braille,
facsimile transmission, telephone (voice/TRS/TTY), email, or some other
method that would best accommodate the complainant's disability. Given
that the population intended to benefit from the rules adopted will be
blind or visually impaired, if a complainant calls the Commission for
assistance in preparing a complaint, Commission staff will document the
complaint in writing for the consumer. The Commission will forward such
complaints, as appropriate, to the named manufacturer or provider for
its response, as well as to any other entity that Commission staff
determines may be involved, and may request additional information from
any relevant parties when, in the estimation of Commission staff, such
information is needed to investigate the complaint or adjudicate
potential violations of Commission rules.
(c) Requests for Commission determination of technical feasibility
of emergency information and audio description apparatus requirements.
The requirements pertaining to apparatus designed to receive or
play back video programming apply only to the extent they are
``technically feasible.'' Parties may raise technical infeasibility as
a defense when faced with a complaint alleging a violation of the
apparatus requirements or they may file a request for a ruling under
section 1.41 of the Commission's rules as to technical infeasibility
before manufacturing or importing the product.
(d) Requests for Commission determination of achievability of
emergency information and audio description apparatus requirements.
The requirements pertaining to certain apparatus designed to
receive, play back, or record video programming apply only to the
extent they are achievable. Manufacturers of apparatus that use a
picture screen of less than 13 inches in size and of recording devices
may petition the Commission, pursuant to 47 CFR 1.41, for a full or
partial exemption from the audio description and emergency information
requirements before manufacturing or importing the apparatus.
Alternatively, manufacturers may assert that a particular apparatus is
fully or partially exempt as a response to a complaint, which the
Commission may dismiss upon a finding that the requirements of this
section are not achievable. A petition for exemption or a response to a
complaint must be supported with sufficient evidence to demonstrate
that compliance with the requirements is not achievable (meaning with
reasonable effort or expense), and the Commission will consider four
specific factors when making such a determination.
(e) Petitions for purpose-based waivers of emergency information
and audio description apparatus requirements.
The Commission may waive emergency information and audio
description apparatus requirements for any apparatus or class of
apparatus that is (a) primarily designed for activities other than
receiving or playing back video programming transmitted simultaneously
with sound, or (b) designed for multiple purposes, capable of receiving
or playing video programming transmitted
[[Page 57450]]
simultaneously with sound but whose essential utility is derived from
other purposes. The Commission will address any requests for a purpose-
based waiver on a case-by-case basis, and waivers will be available
prospectively for manufacturers seeking certainty prior to the sale of
a device.
(f) Submission and review of consumer eligibility to receive an
accessible set-top box.
The Commission granted DIRECTV a waiver with respect to the set-top
box models on which it is not able to implement audio functionality for
emergency information, but conditioned such relief by requiring DIRECTV
to provide, upon request and at no additional cost to customers who are
blind or visually impaired, a set-top box model that is capable of
providing aural emergency information. DIRECTV may require customers
who are blind or visually impaired to submit reasonable documentation
of disability to DIRECTV as a condition to providing the box at no
additional cost.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-18091 Filed 8-22-23; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.