Notice2024-04920
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
March 8, 2024
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. 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.
Full Text
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<title>Federal Register, Volume 89 Issue 47 (Friday, March 8, 2024)</title>
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[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Notices]
[Pages 16770-16772]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04920]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1162; FR ID 206807]
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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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. 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.
DATES: Written PRA comments should be submitted on or before May 7,
2024. 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#13434152537570703d747c65"><span class="__cf_email__" data-cfemail="461614070620252568212930">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#9ad9fbeef2e3b4cdf3f6f6f3fbf7e9dafcf9f9b4fdf5ec"><span class="__cf_email__" data-cfemail="97d4f6e3ffeeb9c0fefbfbfef6fae4d7f1f4f4b9f0f8e1">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-1162.
Title: Closed Captioning of Video Programming Delivered Using
internet Protocol, and Apparatus Closed Caption Requirements.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Respondents: Individuals or Household, Businesses or other for-
profit, Not-for-profit institutions, State, local, or tribal
government, Federal Government.
Number of Respondents and Responses: 1,172 respondents; 3,341
responses.
Estimated Time per Response: 0.084-10 hours.
Frequency of Response: One time and on occasion reporting
requirements; Recordkeeping requirement; Third party disclosure
requirement.
Obligation to Respond: Mandatory; Required to obtain or retain
benefits. The statutory authority for this 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 (the
Act), 47 U.S.C. 154(i), 154(j), 303, 330(b), 613, and 617.
Total Annual Burden: 9,197 hours.
Total Annual Cost: $95,700.
Needs and Uses: The Twenty-First Century Communications and Video
Accessibility Act of 2010 (CVAA) directed the Commission to revise its
regulations to mandate closed captioning on video programming delivered
via internet Protocol (IP) that was published or exhibited on
television with captions after the effective date of the regulations.
Accordingly, the Commission requires video programming owners (VPOs) to
send program files to video programming distributors and providers
(hereinafter VPDs) with required captions, and it requires VPDs to
enable the rendering or pass through of all required captions to the
end user. The CVAA also directed the Commission to
[[Page 16771]]
revise its regulations to mandate that all apparatus designed to
receive, play back, or record video programming be equipped with built-
in closed caption decoder circuitry or capability designed to display
closed-captioned video programming, except that apparatus that use a
picture screen that is 13 inches or smaller and recording devices must
comply only if doing so is achievable. These rules are codified at 47
CFR 79.4 and 79.100-79.104.
The information collection requirements consist of:
(a) Mechanism for information about video programming subject to
the IP closed captioning requirements.
Pursuant to 47 CFR 79.4(c)(1)(ii) and (c)(2)(ii) of the
Commission's rules, VPOs and VPDs must agree upon a mechanism to make
information available to VPDs about video programming that becomes
subject to the requirements of 47 CFR 79.4 on an ongoing basis. VPDs
must make a good faith effort to identify video programming that must
be captioned when delivered using IP using the agreed upon mechanism.
For example, VPOs and VPDs may agree on a mechanism whereby the
VPOs provide captions or certifications that captions are not required,
and update those certifications and provide captions when captions
later become required. A VPD may rely in good faith on a certification
by a VPO that the programming need not be captioned if: (1) the
certification includes a clear and concise explanation of why captions
are not required; and (2) the VPD is able to produce the certification
to the Commission in the event of a complaint. VPOs may provide
certifications for specific programming or a more general
certification, for example, for all programming covered by a particular
contract.
VPDs may seek Commission determinations that other proposed
mechanisms provide adequate information for them to rely on in good
faith by filing an informal request and providing sufficient
information for the Commission to make such determinations.
(b) Contact information for the receipt and handling of written
closed captioning complaints.
Pursuant to 47 CFR 79.4(c)(2)(iii), VPDs must make their contact
information available to end users for the receipt and handling of
written IP closed captioning complaints. The required contact
information includes the name of a person with primary responsibility
for IP captioning issues and who can ensure compliance with these
rules, as well as the person's title or office, telephone number, fax
number, postal mailing address, and email address. VPDs must keep this
information current and update it within 10 business days of any
change. The Commission expects that such contact information will be
prominently displayed in a way that it is accessible to all end users.
A general notice on the VPD's website with such contact information, if
provided, must be provided in a location that is conspicuous to
viewers.
(c) Petitions for exemption based on economic burden.
Pursuant to 47 CFR 79.4(d), a VPO or VPD may petition the
Commission for a full or partial exemption from the closed captioning
requirements for IP-delivered video programming based upon a showing
that they would be economically burdensome. Petitions for exemption
must be supported with sufficient evidence to demonstrate economic
burden (significant difficulty or expense). The Commission will
consider four specific factors when determining economic burden and any
other factors the petitioner deems relevant, along with any available
alternatives that might constitute a reasonable substitute for the
closed captioning requirements. The Commission will evaluate economic
burden with regard to the individual outlet. Petitions and subsequent
pleadings must be filed electronically.
The Commission will place such petitions on public notice. Comments
or oppositions to the petition may be filed electronically within 30
days after release of the public notice of the petition, and must
include a certification that the petitioner was served with a copy. The
petitioner may reply to any comments or oppositions filed within 20
days after the close of the period for filing comments or oppositions,
and replies must include a certification that the commenting or
opposing party was served with a copy. Upon a finding of good cause,
the Commission may lengthen or shorten any comment period and waive or
establish other procedural requirements. Petitions and responsive
pleadings must include a detailed, full showing, supported by
affidavit, of any facts or considerations relied on.
(d) Complaints alleging violations of the closed captioning rules
for IP-delivered video programming.
Pursuant to 47 CFR 79.4(e), a written complaint alleging a
violation of the closed captioning rules for IP-delivered video
programming may be filed with the Commission or with the VPD
responsible for enabling the rendering or pass through of the closed
captions for the video programming. Complaints must be filed within 60
days after the date the complainant experienced a problem with
captioning. Complaints should (but are not required to) include certain
information.
If the complaint is filed first with the VPD, the VPD must respond
in writing to the complainant within 30 days after receipt of a closed
captioning complaint. If a VPD fails to respond timely, or the response
does not satisfy the consumer, the complainant may re-file the
complaint with the Commission within 30 days after the time allotted
for the VPD to respond. If a consumer re-files the complaint with the
Commission (after filing with the VPD) and the complaint satisfies the
requirements, the Commission will forward the complaint to the named
VPD, as well as to any other VPD and/or VPO that Commission staff
determines may be involved, who then must respond in writing to the
Commission and the complainant within 30 days after receipt of the
complaint from the Commission.
If the complaint is filed first with the Commission and the
complaint satisfies the requirements, the Commission will forward the
complaint to the named VPD and/or VPO, and to any other VPD and/or VPO
that Commission staff determine may be involved, who must respond in
writing to the Commission and the complainant within 30 days after
receipt of the complaint from the Commission. In response to a
complaint, a VPD and/or VPO must provide the Commission with sufficient
records and documentation. The Commission will review all relevant
information provided by the complainant and the subject VPDs and/or
VPOs, as well as any additional information the Commission deems
relevant from its files or public sources. The Commission may request
additional information from any relevant entities when, in the
estimation of Commission staff, such information is needed to
investigate the complaint or adjudicate potential violation(s) of
Commission rules. When the Commission requests additional information,
parties to which such requests are addressed must provide the requested
information in the manner and within the time period the Commission
specifies.
(e) Requests for Commission determination of technical feasibility
of apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital
apparatus designed to receive or play back video programming that uses
a picture screen of any size must be equipped with built-in closed
caption decoder circuitry or
[[Page 16772]]
capability designed to display closed-captioned video programming, if
technically feasible. If new apparatus or classes of apparatus for
viewing video programming emerge on which it would not be technically
feasible to include closed captioning, parties may raise that argument
as a defense to a complaint or, alternatively, file a request under 47
CFR 1.41 for a Commission determination of technical feasibility before
manufacturing or importing the product.
(f) Requests for Commission determination of achievability of
apparatus closed caption requirements.
Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital
apparatus designed to receive or play back video programming that use a
picture screen less than 13 inches in size must be equipped with built-
in closed caption decoder circuitry or capability designed to display
closed-captioned video programming, only if doing so is achievable. In
addition, pursuant to 47 CFR 79.104(a), as of January 1, 2014, all
apparatus designed to record video programming must enable the
rendering or the pass through of closed captions such that viewers are
able to activate and de-activate the closed captions as the video
programming is played back, only if doing so is achievable.
Manufacturers of such apparatus may petition the Commission,
pursuant to 47 CFR 1.41, for a full or partial exemption from the
closed captioning requirements before manufacturing or importing the
apparatus or may assert as a response to a complaint that these
requirements, in full or in part, are not achievable. Pursuant to 47
CFR 79.103(b)(3), such a petition or response must be supported with
sufficient evidence to demonstrate that compliance is not achievable
(meaning with reasonable effort or expense) and the Commission will
consider four specific factors when making such determinations.
(g) Petitions for purpose-based waivers of apparatus closed caption
requirements.
Manufacturers seeking certainty prior to the sale of a device may
petition the Commission, pursuant to 47 CFR 79.103(b)(4), for a full or
partial waiver of the closed captioning requirements based on one of
the following provisions:
(i) The apparatus is primarily designed for activities other than
receiving or playing back video programming transmitted simultaneously
with sound; or
(ii) The apparatus is designed for multiple purposes, capable of
receiving or playing back video programming transmitted simultaneously
with sound but whose essential utility is derived from other purposes.
(h) Complaints alleging violations of the apparatus closed caption
requirements.
Consumers may file written complaints alleging violations of the
Commission's rules, 47 CFR 79.101-79.104, requiring apparatus designed
to receive, play back, or record video programming to be equipped with
built-in closed caption decoder circuitry or capability designed to
display closed captions. A written complaint filed with the Commission
must be transmitted to the Consumer and Governmental Affairs Bureau
through the Commission's online informal complaint filing system, U.S.
Mail, overnight delivery, or facsimile. Such complaints should include
certain information about the complainant and the alleged violation.
The Commission may forward such complaints to the named manufacturer or
provider, 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.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-04920 Filed 3-7-24; 8:45 am]
BILLING CODE 6712-01-P
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