Notice2024-27080
Information Collection Being Submitted for Review and Approval to Office of Management and Budget
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
November 20, 2024
Issuing agencies
Federal Communications Commission
Abstract
As part of its continuing effort to reduce paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection. Pursuant to the Small Business Paperwork Relief Act of 2002, the FCC seeks specific comment on how it might "further reduce the information collection burden for small business concerns with fewer than 25 employees."
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Notices]
[Pages 91744-91747]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27080]
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FEDERAL COMMUNICATIONS COMMISSION
[OMB 3060-1162; FR ID 262390]
Information Collection Being Submitted for Review and Approval to
Office of Management and Budget
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,
as required by the Paperwork Reduction Act (PRA) of 1995, the Federal
Communications Commission (FCC or the Commission) invites the general
public and other Federal Agencies to take this opportunity to comment
on the following information collection. Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it
might ``further reduce the information collection burden for small
business concerns with fewer than 25 employees.''
DATES: Written comments and recommendations for the proposed
information collection should be submitted on or before December 20,
2024.
ADDRESSES: Comments should be sent to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. Your comment must be submitted into
<a href="http://www.reginfo.gov">www.reginfo.gov</a> per the above instructions for it to be considered. In
addition to submitting in <a href="http://www.reginfo.gov">www.reginfo.gov</a> also send a copy of your
comment on the proposed information collection to Cathy Williams, FCC,
via email to <a href="/cdn-cgi/l/email-protection#1e4e4c5f5e787d7d30797168"><span class="__cf_email__" data-cfemail="c292908382a4a1a1eca5adb4">[email protected]</span></a> and to <a href="/cdn-cgi/l/email-protection#fcbf9d889485d2ab959090959d918fbc9a9f9fd29b938a"><span class="__cf_email__" data-cfemail="521133263a2b7c053b3e3e3b333f21123431317c353d24">[email protected]</span></a>. Include in the
comments the OMB control number as shown in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR)
submitted to OMB: (1) go to the web page <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>, (2) look for the section of the web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the Title of this ICR and
then click on the ICR Reference Number. A copy of the FCC submission to
OMB will be displayed.
SUPPLEMENTARY INFORMATION: The Commission 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.
As part of its continuing effort to reduce paperwork burdens, as
required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-
3520), the FCC invited the general public and other Federal Agencies to
take this opportunity to comment on the following information
collection. Comments are requested concerning: (a) 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; (b) the accuracy of the Commission's
burden estimates; (c) ways to enhance the quality, utility, and clarity
of the information collected; and (d) ways to minimize the burden of
the collection of
[[Page 91745]]
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
Pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks specific comment on
how it might ``further reduce the information collection burden for
small business concerns with fewer than 25 employees.''
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: Revision 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: 1,772 respondents; 124,154
responses.
Estimated Time per Response: 0.017-10 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; Voluntary. 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: 11,465 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 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.
In July 2024, the Commission adopted rules requiring manufacturers
of covered apparatus and multichannel video programming distributors
(MVPDs) to make closed captioning display settings readily accessible
to individuals who are deaf and hard of hearing. The Commission will
determine whether settings are readily accessible to consumers by
evaluating the following factors: proximity, discoverability,
previewability, and consistency and persistence. The compliance
deadline will be after the Office of Management and Budget completes
its review of any new or modified information collection requirements
under the Paperwork Reduction Act or August 17, 2026, whichever is
later. The previously approved burden estimates set forth below for
requests for a Commission determination of technical feasibility of
apparatus closed caption requirements, requests for a Commission
determination of achievability of apparatus closed caption
requirements, and complaints alleging violations of the apparatus
closed caption requirements, all are sufficient to encompass any such
filings resulting from the new rule. The 2024 Caption Display Settings
Order imposes two new information collection requirements set forth as
(i) and (j) below.
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. 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
[[Page 91746]]
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 capability designed to display closed-
captioned video programming, if technically feasible. Pursuant to 47
CFR 79.103(e), manufacturers of apparatus subject to paragraph (a) of
the rule and MVPDs will be required to ensure that consumers are able
to readily access user display settings for closed captioning on
apparatus designed to receive or play back video programming
transmitted simultaneously with sound, if such apparatus is
manufactured in the United States or imported for use in the United
States and uses a picture scree of any size, 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 or readily accessible user display settings for 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. Pursuant to
47 CFR 79.103(e), the requirement that closed captioning display
settings are readily accessible will only apply to apparatus that use a
picture screen of less than 13 inches in size if compliance is
achievable.
Manufacturers of such apparatus and MVPDs 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, and requiring that consumers are able to
readily access user display settings for closed captioning on covered
apparatus. A written complaint filed with the Commission must be
transmitted to the Consumer and
[[Page 91747]]
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.
(i) Application programming interface (API) notification to
application developers.
Pursuant to 47 CFR 79.103(e)(1)(iv)(A), with regard to an MVPD's
provision of navigation devices, it will be required to expose closed
caption display settings via an API or similar method that an over-the-
top application provider can use upon launch of their application on
the device. The API or similar method will need to enable the
application provider to use the device-level caption settings for its
own content, if it chooses, and covered entities will be required to
notify application developers about this API or similar method through
any reasonable means. One example of a ``reasonable means'' for the
required notice is a developer portal that a developer must utilize for
its application to appear on the device.
(j) Customer notice of new operating systems.
The 2024 Caption Display Settings Order provides that MVPDs should
provide notice to customers who are deaf or hard of hearing when new
operating systems are deployed.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-27080 Filed 11-19-24; 8:45 am]
BILLING CODE 6712-01-P
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