[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76832-76834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30190]
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FEDERAL COMMUNICATIONS COMMISSION
Information Collection Being Reviewed by the Federal
Communications Commission
AGENCY: Federal Communications Commission.
ACTION: Notice and request for comments.
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SUMMARY: The Federal Communications Commission (FCC), as part of its
continuing effort to reduce paperwork burdens, invites the general
public and other Federal agencies to take this opportunity to comment
on the following information collection, as required by the Paperwork
Reduction Act (PRA) of 1995. 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 estimate; (c) ways to enhance the quality,
utility, and clarity of the information collected; (d) 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 (e) 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 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 Office of
Management and Budget (OMB) control number.
DATES: Written PRA comments should be submitted on or before February
18, 2014. 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 the Federal Communications
Commission via email to [email protected] and [email protected].
FOR FURTHER INFORMATION CONTACT: For additional information about the
information collection, contact Cathy Williams at (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0967.
Title: Section 79.2, Accessibility of Programming Providing
Emergency Information, and Emergency Information; Section 79.105, Video
Description and Emergency Information Accessibility Requirements for
All Apparatus; Section 79.106, Video Description and Emergency
Information Accessibility Requirements for Recording Devices.
Form Number: N/A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; individuals or
households; not-for-profit institutions; and State, local, or tribal
Governments.
Number of Respondents and Responses: 640 respondents; 642
responses.
Estimated Time per Response: 0.5 to 5 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Voluntary. The statutory authority for this
information 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: 735 hours.
Total Annual Cost: $24,150.
Nature and Extent of Confidentiality: Confidentiality is an issue
to the extent that individuals and households provide personally
identifiable information, which is covered under the FCC's updated
system of records notice (SORN), FCC/CGB-1, ``Informal Complaints and
Inquiries,'' which became effective on January 25, 2010. The Commission
believes that it provides sufficient safeguards to protect the privacy
of individuals who file complaints under 47 CFR 79.2(c).
Privacy Impact Assessment: The Privacy Impact Assessment (PIA) for
Informal Complaints and Inquiries was completed on June 28, 2007. It
may be reviewed at http://www.fcc.gov/omd/privacyact/Privacy-Impact-Assessment.html. The Commission is in the process of updating the PIA
to incorporate various revisions to it as a result of revisions to the
SORN.
Needs and Uses: On April 9, 2013, the Commission released a Report
and Order and Further Notice of Proposed Rulemaking, MB Docket Nos. 12-
107, 11-43, FCC 13-45 (the Report and Order) adopting rules
implementing portions of the Twenty-First Century Communications and
Video Accessibility Act of 2010 (the CVAA) related to accessible
emergency information, and apparatus requirements for emergency
information and video description. These rules are codified at 47 CFR
79.2, 79.105, and 79.106. Pursuant to Section 202 of the CVAA, the
Report and Order requires that video programming distributors and video
programming providers (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. Pursuant to Section
203 of the CVAA, the Report and Order requires certain apparatus that
receive, play back, or record video programming to make available video
description services and accessible emergency information.
The following rule sections and other requirements contain new and
revised information collection requirements for which the Commission is
seeking approval from the Office of Management and Budget (OMB):
(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 this section 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, and Braille, or some other method that would best
accommodate the complainant's disability, and that each complaint
should include: The name of the video programming distributor (VPD) or
video programming provider (VPP) against whom the complaint is alleged;
the date and time of the omission of the emergency information; and the
type of emergency.
[[Page 76833]]
After the Commission receives the 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 video description requirements.
The Report and Order adopts procedures for consumers to file
complaints alleging violations of the rules containing apparatus
emergency information and video description requirements, 47 CFR
79.105-79.106. A complaint filed with the Commission 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. Such complaints should include certain
information about the complainant and the alleged violation, including:
The name, postal address, and other contact information,
such as telephone number or email address, of the complainant;
The name and contact information, such as postal address,
of the apparatus manufacturer or provider;
Information sufficient to identify the software or device
used to view or to attempt to view video programming with video
description or emergency information;
The date or dates on which the complainant purchased,
acquired, or used, or tried to purchase, acquire, or use the apparatus
to view video programming with video description or emergency
information;
A statement of facts sufficient to show that the
manufacturer or provider has violated or is violating the Commission's
rules;
The specific relief or satisfaction sought by the
complainant; and
The complainant's preferred format or method of response
to the complaint.
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 video description apparatus requirements.
The requirements of Section 203 of the CVAA pertaining to apparatus
designed to receive or play back video programming apply only to the
extent they are ``technically feasible.'' Pursuant to 47 CFR 79.105(a),
all apparatus that (i) is designed to receive or play back video
programming transmitted simultaneously with sound that is provided by
entities subject to 47 CFR 79.2 and 79.3, (ii) is manufactured in the
United States or imported for use in the United States, and (iii) uses
a picture screen of any size, must have the capability to decode and
make available the secondary audio stream if technically feasible.
Parties may raise technical infeasibility as a defense when faced with
a complaint alleging a violation of the apparatus requirements adopted
in the Report and Order or, alternatively, may file a request for a
ruling under Sec. 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 video description apparatus requirements.
Section 203 provides that apparatus ``that use a picture screen
that is less than 13 inches in size'' must meet the requirements of
that section only if ``achievable,'' as that word is defined in Section
716 of the Communications Act, and also provides that ``apparatus
designed to record video programming transmitted simultaneously with
sound'' are only required to comply with the emergency information and
video description requirements ``if achievable (as defined in section
716).'' Pursuant to 47 CFR 79.105(b)(3), apparatus that use a picture
screen of less than 13 inches in size must comply with the provisions
of this section only if doing so is achievable as defined in this
section. Further, pursuant to 47 CFR 79.106(a), all apparatus that (i)
is designed to record video programming transmitted simultaneously with
sound that is provided by entities subject to 47 CFR 79.2 and 79.3, and
(ii) is manufactured in the United States or imported for use in the
United States, must comply with the provisions of this section except
that apparatus must only do so if it is achievable as defined in Sec.
79.105(b)(3).
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 video
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. Pursuant to 47 CFR
79.105(b)(3), such a petition for exemption or a response to a
complaint must be supported with sufficient evidence to demonstrate
that compliance with the requirements of this section is not achievable
(meaning with reasonable effort or expense), and the Commission will
consider four specific factors when making such a determination. In
evaluating evidence offered to prove that compliance is not achievable,
the Commission will be informed by the analysis in the ACS Order.
(e) Petitions for purpose-based waivers of emergency information
and video description apparatus requirements.
Section 203 of the CVAA permits the Commission to waive emergency
information and video 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 simultaneously with sound but whose
essential utility is derived from other purposes.
Manufacturers of apparatus may petition the Commission for a full
or partial purpose-based waiver of the apparatus requirements adopted
in the Report and Order pursuant to 47 CFR 79.105(b)(4). The Commission
will address any requests for 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 information
pertaining to DIRECTV, LLC's waiver for provision of aural emergency
information during The Weather Channel's programming.
In the Report and Order, the Commission grants DIRECTV, LLC
(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 conditions such relief by requiring DIRECTV to provide, upon
request and
[[Page 76834]]
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 reasonable documentation of disability
as a condition to providing the box at no additional cost. Thus,
DIRECTV customers who are blind or visually impaired may be required to
submit reasonable documentation of disability to DIRECTV (e.g.,
documentation from any professional or service provider, such as a
social worker, with direct knowledge of the individual's disability).
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-30190 Filed 12-18-13; 8:45 am]
BILLING CODE 6712-01-P