[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Pages 33190-33192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13439]
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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: As part of its continuing effort to reduce paperwork burdens,
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C.
3501-3520), 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. 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 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 August 11,
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 Cathy Williams, FCC, via email
[email protected] [email protected] and to
[email protected] [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-xxxx.
Title: Section 79.107 User Interfaces Provided by Digital
Apparatus; Section 79.108 Video Programming Guides and Menus Provided
by Navigation Devices; Section 79.110 Complaint Procedures for User
Interfaces, Menus and Guides, and Activating Accessibility Features on
Digital Apparatus and Navigation Devices.
Form Number: N/A.
Type of Review: New 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: 4,245 respondents; 509,484
responses.
Estimated Time per Response: 0.0167 to 5 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement; Recordkeeping 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(r), 303(u), 303(aa),
303(bb), and 716(g) of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 154(j), 303(r), 303(u), 303(aa), 303(bb), and 617(g).
Total Annual Burden: 22,198 hours.
Total Annual Cost: $70,500.
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 79.110.
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 October 29, 2013, the Commission released a
Report and Order and Further Notice of Proposed Rulemaking, MB Docket
Nos. 12-108, 12-107, FCC 13-138 (the Report and Order) adopting rules
implementing portions of the Twenty-First Century Communications and
Video Accessibility Act of 2010 (the CVAA) related to the accessibility
of digital apparatus and navigation devices used to view video
programming. These rules are codified at 47 CFR 79.107, 79.108, 79.109
and 79.110. Pursuant to Section 204 of the CVAA, the Report and Order
requires the user interfaces, text menus and guides of digital
apparatus to be accessible and requires that the activation mechanisms
for closed captioning and video description be reasonably comparable to
a button, key or icon. Pursuant to Section 205 of the CVAA, the Report
and Order requires the user text menus and guides of navigation devices
be made audibly accessibly upon request and requires that the
activation mechanism for closed captioning be reasonably comparable to
a button, key or icon.
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) Requests for Commission determination of achievability for the
accessibility requirements for the user interfaces, text menus and
guides of digital apparatus.
Section 204 of the CVAA provides that ``if achievable (as defined
by section 716) . . . digital apparatus designed to receive or play
back video programming transmitted in digital format simultaneously
with sound, including apparatus designed to receive or display video
programming transmitted in digital format using Internet protocol, be
designed, developed, and fabricated so that control of appropriate
built-in apparatus functions are accessible to and usable by
individuals who are blind or visually
[[Page 33191]]
impaired.'' Pursuant to 47 CFR 79.107, manufacturers of digital
apparatus must comply with the section's provisions ``only if
achievable as defined in Sec. 79.107(c)(2).''
Pursuant to 47 CFR 79.107(c)(1), manufacturers of digital apparatus
may petition the Commission, pursuant to 47 CFR 1.41, for a full or
partial exemption from the requirements of 47 CFR 79.107 before
manufacturing or importing the apparatus. Alternatively, manufacturers
may assert that a particular digital apparatus is fully or partially
exempt as a response to a complaint, which the Commission may dismiss
upon a finding that the requirements of section 79.107 are not
achievable. Pursuant to 47 CFR 79.107(c)(2), such 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. In evaluating evidence offered to prove
that compliance is not achievable, the Commission will be informed by
the analysis in the Implementation of Sections 716 and 717 of the
Communications Act of 1934, as Enacted by the Twenty-First Century
Communications and Video Accessibility Act of 2010, Report and Order
and Further Notice of Proposed Rulemaking, 26 FCC Rcd 14557, 14607-19,
]] 119-48 (2011) (``ACS Order'').
(b) Requests for Commission determination of achievability for the
accessibility requirements for the text menus and guides of navigation
devices.
Section 205 of the CVAA provides that ``if achievable (as defined
by section 716)'' ``the on-screen text menus and guides provided by
navigation devices (as such term is defined in section 76.1200 of title
47, Code of Federal Regulations) for the display or selection of
multichannel video programming are audibly accessible in real-time upon
request by individuals who are blind or visually impaired.'' Pursuant
to 47 CFR 79.108, MVPDs and manufacturers of navigation devices must
comply with the section's provisions ``only if achievable as defined in
Sec. 79.108(c)(2).''
Pursuant to 47 CFR 79.108(c)(1), MVPDs and manufacturers of
navigation devices may petition the Commission, pursuant to 47 CFR
1.41, for a full or partial exemption from the requirements of 47 CFR
79.108 before manufacturing or importing the navigation device.
Alternatively, manufacturers may assert that a particular digital
apparatus is fully or partially exempt as a response to a complaint,
which the Commission may dismiss upon a finding that the requirements
of section 79.108 are not achievable. Pursuant to 47 CFR 79.108(c)(2),
such 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. In evaluating evidence offered to prove
that compliance is not achievable, the Commission will be informed by
the analysis in the ACS Order.
(c) Requests to MVPDs and navigation device manufacturers for
accessible equipment.
Pursuant to 47 CFR 79.108(a)(5), manufacturers of navigation
devices and MVPDs must permit blind or visually impaired individuals to
request accessible navigation devices through any means that such
covered entities generally use to make available navigation devices to
other consumers. Such requests could require navigation device
manufacturers and MVPDs to collect information from consumers and
require consumers to provide information to navigation device
manufacturers and/or MVPDs to obtain a benefit.
(d) Notifications by MVPDs regarding the availability of accessible
equipment.
Pursuant to 47 CFR 79.108(d), MVPDs must notify consumers that
navigation devices with the required accessibility features are
available upon request to consumers who are blind or visually impaired.
MVPDs must clearly and conspicuously inform consumers about the
availability of accessible navigation devices when providing
information about equipment options in response to a consumer inquiry
about service, accessibility, or other issues. In addition, MVPDs must
provide prominent notice on their official Web sites about the
availability of accessible navigation devices in a manner accessible to
people with disabilities.
(e) Contact information for the receipt and handling of user
interface accessibility complaints.
Pursuant to 47 CFR 79.110(b), covered entities must make their
contact information available for the receipt and handling of
complaints regarding the requirements of 47 CFR 79.107--79.109. The
contact information required must include the name of a person with
primary responsibility for accessibility compliance issues. This
contact information must also include that person's title or office,
telephone number, fax number, postal mailing address, and email
address. A covered entity must keep this information current and update
it within 10 business days of any change.
(f) Submission and review of verification of consumer eligibility
in connection with accessibility solutions provided by sophisticated
equipment and/or services at a price lower than that offered to the
general public.
Pursuant to 47 CFR 79.108(e), covered entities may require
consumers to provide verification of eligibility as an individual who
is blind or visually impaired to the extent a covered entity chooses to
rely on an accessibility solution that involves providing the consumer
with sophisticated equipment and/or services at a price that is lower
than that offered to the general public. In these situations, covered
entities must allow a consumer to provide a wide array of documentation
to verify eligibility for the accessibility solution provided and must
comply with the requirements of 47 U.S.C. 338(i)(4)(A) and 47 U.S.C.
631(c)(1) to protect personal information gathered from consumers
through verification procedures.
(g) Complaints alleging violations of the digital apparatus and
navigation device accessibility rules.
The Report and Order adopts procedures for consumers to file
complaints alleging violations of the rules requiring the accessibility
of user interfaces, text menus and guides of digital apparatus and
navigation devices requirements.
Pursuant to 47 CFR 79.110(a)(1), a complaint alleging a violation
of the requirements of 47 CFR 79.107, 79.108, or 79.109 must be filed
with the Commission or with the covered entity within 60 days after the
date the complainant experiences a problem relating to compliance with
the requirements of 47 CFR 79.107, 79.108, or 79.109. 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, facsimile, telephone (voice/
TRS/TTY), email, or some other method that would best accommodate the
complainant's disability. (Because some of the rules we are adopting
are intended to make apparatus or navigation devices accessible to
individuals who are blind or visually impaired, and therefore
complainants may themselves 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.)
[[Page 33192]]
Pursuant to 47 CFR 79.110(a)(2), complaints should include the
following information:
(i) The complainant's name, address, and other contact information,
such as telephone number and email address;
(ii) The name and contact information of the covered entity;
(iii) Information sufficient to identify the software or digital
apparatus/navigation device used;
(iv) The date or dates on which the complainant purchased,
acquired, or used, or tried to purchase, acquire, or use the digital
apparatus/navigation device;
(v) A statement of facts sufficient to show that the covered entity
has violated, or is violating, the Commission's rules;
(vi) The specific relief or satisfaction sought by the complainant;
(vii) The complainant's preferred format or method of response to
the complaint; and
(viii) If a complaint pursuant to Sec. 79.108 of this part, the
date that the complainant requested an accessible navigation device and
the person or entity to whom that request was directed.
Pursuant to 47 CFR 79.110(a)(3), if a complaint is filed first with
the Commission, the Commission will forward a complaint satisfying the
above requirements to the named covered entity for its response, as
well as to any other entity that Commission staff determines may be
involved. The covered entity or entities must respond in writing to the
Commission and the complainant within 30 days after receipt of the
complaint from the Commission.
Pursuant to 47 CFR 79.110(a)(4), if a complaint is filed first with
the covered entity, the covered entity must respond in writing to the
complainant within 30 days after receipt of a complaint. If the covered
entity fails to respond to the complainant within 30 days, or the
response does not satisfy the consumer, the complainant may file the
complaint with the Commission within 30 days after the time allotted
for the covered entity to respond. If the consumer subsequently files
the complaint with the Commission (after filing with the covered
entity) and the complaint satisfies the requirements, the Commission
will forward the complaint to the named covered entity for its
response, as well as to any other entity that Commission staff
determines may be involved. The covered entity must then respond in
writing to the Commission and the complainant within 30 days after
receipt of the complaint from the Commission.
Pursuant to 47 CFR 79.110(a)(5), in response to a complaint, the
covered entity must file with the Commission sufficient records and
documentation to prove that it was (and remains) in compliance with the
Commission's rules. Conclusory or insufficiently supported assertions
of compliance will not carry the covered entity's burden of proof. If
the covered entity admits that it was not, or is not, in compliance
with the Commission's rules, it must file with the Commission
sufficient records and documentation to explain the reasons for its
noncompliance, show what remedial steps it has taken or will take, and
show why such steps have been or will be sufficient to remediate the
problem.
Pursuant to 47 CFR 79.110(a)(6), the Commission will review all
relevant information provided by the complainant and the covered
entity, 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 parties when, in the
estimation of Commission staff, such information is needed to
investigate the complaint or adjudicate potential violations 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.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2014-13439 Filed 6-9-14; 8:45 am]
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