80_FR_25004 80 FR 24920 - Information Collection Being Reviewed by the Federal Communications Commission

80 FR 24920 - Information Collection Being Reviewed by the Federal Communications Commission

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 84 (May 1, 2015)

Page Range24920-24922
FR Document2015-10143

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 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 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.

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24920-24922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10143]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1162]


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 (PRA) of 1995 (44 U.S.C. 
3501-3520), 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 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 June 30, 
2015. 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] and to [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: 3060-1162.
    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 households; Business or other for-
profit entities; Not-for-profit institutions.
    Number of Respondents and Responses: 1,322 respondents; 3,666 
responses.
    Estimated Time per Response: 0.084 to 10 hours.
    Frequency of Response: One time and on occasion reporting 
requirements; Recordkeeping requirement; Third-party disclosure 
requirement.
    Obligation to Respond: Mandatory and required to obtain or retain 
benefits. 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: 10,062 hours.
    Total Annual Cost: $95,700.
    Privacy Act Impact Assessment: Yes. As required by OMB Memorandum 
M-03-22 (September 26, 2003), the FCC completed a Privacy Impact 
Assessment (PIA) on June 28, 2007, that gives a full and complete 
explanation of how the FCC collects, stores, maintains, safeguards, and 
destroys the PII covered by these information collection requirements. 
The PIA may be reviewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
    Nature and Extent of Confidentiality: Some assurances of 
confidentiality are being provided to the respondents. Parties filing 
petitions for exemption based on economic burden, requests for 
Commission determinations of technical feasibility and achievability, 
requests for purpose-based waivers, or responses to complaints alleging 
violations of the

[[Page 24921]]

Commission's rules may seek confidential treatment of information they 
provide pursuant to the Commission's existing confidentiality rules.
    The Commission is not requesting that individuals who file 
complaints alleging violations of our rules (complainants) submit 
confidential information (e.g., credit card numbers, social security 
numbers, or personal financial information) to us. We request that 
complainants submit their names, addresses, and other contact 
information, which enables us to process complaints. Any use of this 
information is covered under the routine uses listed in the 
Commission's SORN, FCC/CGB-1, ``Informal Complaints, Inquiries, and 
Requests for Dispute Assistance.''
    The PIA that the FCC completed on June 28, 2007 gives a full and 
complete explanation of how the FCC collects, stores, maintains, 
safeguards, and destroys PII, as required by OMB regulations and the 
Privacy Act, 5 U.S.C. 552a. The PIA may be viewed at: http://www.fcc.gov/omd/privacyact/Privacy_Impact_Assessment.html.
    The Commission will update the PIA to cover the PII collected 
related to this information collection to incorporate various revisions 
to it as a result of revisions to the SORN and as required by OMB's 
Memorandum M-03-22 (September 26, 2003) and by the Privacy Act, 5 
U.S.C. 552a.
    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 IP-delivered video 
programming 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.
    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: (1) If the 
certification includes a clear and concise explanation of why captions 
are not required; and (2) if 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 Web site 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 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. Such complaints should (but are not required to) include 
certain information.
    If a 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 compliant. If a VPD fails to respond timely, or the response 
does not satisfy the consumer, the complainant may re-

[[Page 24922]]

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, and 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 a 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. 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. In 
evaluating evidence offered to prove that compliance was not 
achievable, the Commission will be informed by the analysis in the ACS 
Order.
    (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 79.104(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 H. Dortch,
Secretary. Office of Secretary, Office of the Managing Director.
[FR Doc. 2015-10143 Filed 4-30-15; 8:45 am]
 BILLING CODE 6712-01-P



                                                  24920                             Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices

                                                  of service during the entire license                    and to provide a stable regulatory                    submitting comments, but find it
                                                  period and address: (i) The level and                   environment in which broadband                        difficult to do so within the period of
                                                  quality of service provided by the                      deployment would be able to develop                   time allowed by this notice, you should
                                                  applicant (including the population                     through the application of standard                   advise the contact listed below as soon
                                                  served, the area served, the number of                  terrestrial wireless rules. Without this              as possible.
                                                  subscribers, the services offered); (ii) the            information, the Commission would not                 ADDRESSES: Direct all PRA comments to
                                                  date service commenced, whether                         be able to carry out its statutory                    Cathy Williams, FCC, via email PRA@
                                                  service was ever interrupted, and the                   responsibilities.                                     fcc.gov and to Cathy.Williams@fcc.gov.
                                                  duration of any interruption or outage;                 Federal Communications Commission.                    FOR FURTHER INFORMATION CONTACT: For
                                                  (iii) the extent to which service is                                                                          additional information about the
                                                                                                          Gloria J. Miles,
                                                  provided to rural areas; (iv) the extent                                                                      information collection, contact Cathy
                                                  to which service is provided to                         Federal Liaison Officer, Office of the
                                                                                                          Managing Director.                                    Williams at (202) 418–2918.
                                                  qualifying tribal land as defined in 47
                                                  CFR 1.2110(f)(3)(i); and (v) any other                  [FR Doc. 2015–10206 Filed 4–30–15; 8:45 am]           SUPPLEMENTARY INFORMATION:
                                                  factors associated with the level of                    BILLING CODE 6712–01–P                                   OMB Control Number: 3060–1162.
                                                  service to the public.                                                                                           Title: Closed Captioning of Video
                                                     Section 27.17(c) requires 600 MHz                                                                          Programming Delivered Using Internet
                                                  licensees to notify the Commission                      FEDERAL COMMUNICATIONS                                Protocol, and Apparatus Closed Caption
                                                  within 10 days of discontinuance if they                COMMISSION                                            Requirements.
                                                  permanently discontinue service by                      [OMB 3060–1162]
                                                                                                                                                                   Form Number: N/A.
                                                  filing FCC Form 601 or 605 and                                                                                   Type of Review: Extension of a
                                                  requesting license cancellation.                        Information Collection Being Reviewed                 currently approved collection.
                                                     Section 27.19(b) requires 600 MHz                    by the Federal Communications                            Respondents: Individuals or
                                                  licensees with base and fixed stations in               Commission                                            households; Business or other for-profit
                                                  the 600 MHz downlink band within 25                                                                           entities; Not-for-profit institutions.
                                                  kilometers of Very Long Baseline Array                  AGENCY: Federal Communications                           Number of Respondents and
                                                  (VLBA) observatories to coordinate with                 Commission.                                           Responses: 1,322 respondents; 3,666
                                                  the National Science Foundation (NSF)                   ACTION: Notice and request for                        responses.
                                                  prior to commencing operations.                         comments.                                                Estimated Time per Response: 0.084
                                                     Section 27.19(c) requires 600 MHz                                                                          to 10 hours.
                                                  licensees that intend to operate base and               SUMMARY:   As part of its continuing effort              Frequency of Response: One time and
                                                  fixed stations in the 600 MHz downlink                  to reduce paperwork burdens, and as                   on occasion reporting requirements;
                                                  band in locations near the Radio                        required by the Paperwork Reduction                   Recordkeeping requirement; Third-party
                                                  Astronomy Observatory site located in                   Act (PRA) of 1995 (44 U.S.C. 3501–                    disclosure requirement.
                                                  Green Bank, Pocahontas County, West                     3520), the Federal Communications                        Obligation to Respond: Mandatory
                                                  Virginia, or near the Arecibo                           Commission (FCC or Commission)                        and required to obtain or retain benefits.
                                                  Observatory in Puerto Rico, to comply                   invites the general public and other                  The statutory authority for this
                                                  with the provisions in 47 CFR 1.924.                    Federal agencies to take this                         information collection is contained in
                                                     Section 74.602(h)(5)(ii) requires 600                opportunity to comment on the                         the Twenty-First Century
                                                  MHz licensees to notify the licensee of                 following information collections.                    Communications and Video
                                                  a studio-transmitter link (TV STL), TV                  Comments are requested concerning:                    Accessibility Act of 2010, Public Law
                                                  relay station, or TV translator relay                   Whether the proposed collection of                    111–260, 124 Stat. 2751, and Sections
                                                  station of their intent to commence                     information is necessary for the proper               4(i), 4(j), 303, 330(b), 713, and 716 of the
                                                  wireless operations and the likelihood                  performance of the functions of the                   Communications Act of 1934, as
                                                  of harmful interference from the TV                     Commission, including whether the                     amended, 47 U.S.C. 154(i), 154(j), 303,
                                                  STL, TV relay station, or TV translator                 information shall have practical utility;             330(b), 613, and 617.
                                                  relay station to those operations within                the accuracy of the Commission’s                         Total Annual Burden: 10,062 hours.
                                                  the wireless licensee’s licensed                        burden estimate; ways to enhance the                     Total Annual Cost: $95,700.
                                                  geographic service area. The notification               quality, utility, and clarity of the                     Privacy Act Impact Assessment: Yes.
                                                  is to be in the form of a letter, via                   information collected; ways to minimize               As required by OMB Memorandum M–
                                                  certified mail, return receipt requested                the burden of the collection of                       03–22 (September 26, 2003), the FCC
                                                  and must be sent not less than 30 days                  information on the respondents,                       completed a Privacy Impact Assessment
                                                  in advance of approximate date of                       including the use of automated                        (PIA) on June 28, 2007, that gives a full
                                                  commencement of operations.                             collection techniques or other forms of               and complete explanation of how the
                                                     Section 74.602(h)(5)(iii) requires all               information technology; and ways to                   FCC collects, stores, maintains,
                                                  TV STL, TV relay station and TV                         further reduce the information                        safeguards, and destroys the PII covered
                                                  translator relay station licensees to                   collection burden on small business                   by these information collection
                                                  modify or cancel their authorizations                   concerns with fewer than 25 employees.                requirements. The PIA may be reviewed
                                                  and vacate the 600 MHz band no later                       The FCC may not conduct or sponsor                 at: http://www.fcc.gov/omd/privacyact/
                                                  than the end of the post-auction                        a collection of information unless it                 Privacy_Impact_Assessment.html.
                                                  transition period as defined in 47 CFR                  displays a currently valid OMB control                   Nature and Extent of Confidentiality:
                                                                                                          number. No person shall be subject to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  27.4.                                                                                                         Some assurances of confidentiality are
                                                     These rules which contain                            any penalty for failing to comply with                being provided to the respondents.
                                                  information collection requirements are                 a collection of information subject to the            Parties filing petitions for exemption
                                                  designed to provide for flexible use of                 PRA that does not display a valid OMB                 based on economic burden, requests for
                                                  this spectrum by allowing licensees to                  control number.                                       Commission determinations of technical
                                                  choose their type of service offerings, to              DATES: Written PRA comments should                    feasibility and achievability, requests for
                                                  encourage innovation and investment in                  be submitted on or before June 30, 2015.              purpose-based waivers, or responses to
                                                  mobile broadband use in this spectrum,                  If you anticipate that you will be                    complaints alleging violations of the


                                             VerDate Sep<11>2014   18:14 Apr 30, 2015   Jkt 235001   PO 00000   Frm 00029   Fmt 4703   Sfmt 4703   E:\FR\FM\01MYN1.SGM   01MYN1


                                                                                    Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices                                           24921

                                                  Commission’s rules may seek                                The information collection                         provided in a location that is
                                                  confidential treatment of information                   requirements consist of:                              conspicuous to viewers.
                                                  they provide pursuant to the                               (a) Mechanism for information about                   (c) Petitions for exemption based on
                                                  Commission’s existing confidentiality                   video programming subject to the IP                   ‘‘economic burden.’’
                                                  rules.                                                  closed captioning requirements.                          Pursuant to 47 CFR 79.4(d), a VPO or
                                                     The Commission is not requesting                        Pursuant to 47 CFR 79.4(c)(1)(ii) and              VPD may petition the Commission for a
                                                  that individuals who file complaints                    (c)(2)(ii) of the Commission’s rules,                 full or partial exemption from the closed
                                                  alleging violations of our rules                        VPOs and VPDs must agree upon a                       captioning requirements for IP-delivered
                                                  (complainants) submit confidential                      mechanism to make information                         video programming based upon a
                                                  information (e.g., credit card numbers,                 available to VPDs about video                         showing that they would be
                                                  social security numbers, or personal                    programming that becomes subject to                   economically burdensome. Petitions for
                                                  financial information) to us. We request                the requirements of 47 CFR 79.4 on an                 exemption must be supported with
                                                  that complainants submit their names,                   ongoing basis. VPDs must make a good                  sufficient evidence to demonstrate
                                                  addresses, and other contact                            faith effort to identify video                        economic burden (significant difficulty
                                                  information, which enables us to                        programming that must be captioned                    or expense). The Commission will
                                                  process complaints. Any use of this                     when delivered using IP using the                     consider four specific factors when
                                                  information is covered under the                        agreed upon mechanism.                                determining economic burden and any
                                                  routine uses listed in the Commission’s                    For example, VPOs and VPDs may                     other factors the petitioner deems
                                                  SORN, FCC/CGB–1, ‘‘Informal                             agree on a mechanism whereby the                      relevant, along with any available
                                                  Complaints, Inquiries, and Requests for                 VPOs provide captions or certifications               alternatives that might constitute a
                                                  Dispute Assistance.’’                                                                                         reasonable substitute for the closed
                                                                                                          that captions are not required, and
                                                     The PIA that the FCC completed on                                                                          captioning requirements. Petitions and
                                                                                                          update those certifications and provide
                                                  June 28, 2007 gives a full and complete                                                                       subsequent pleadings must be filed
                                                                                                          captions when captions later become
                                                  explanation of how the FCC collects,                                                                          electronically.
                                                                                                          required. A VPD may rely in good faith                   The Commission will place such
                                                  stores, maintains, safeguards, and
                                                                                                          on a certification by a VPO that the                  petitions on public notice. Comments or
                                                  destroys PII, as required by OMB
                                                                                                          programming need not be captioned: (1)                oppositions to the petition may be filed
                                                  regulations and the Privacy Act, 5
                                                                                                          If the certification includes a clear and             electronically within 30 days after
                                                  U.S.C. 552a. The PIA may be viewed at:
                                                                                                          concise explanation of why captions are               release of the public notice of the
                                                  http://www.fcc.gov/omd/privacyact/
                                                                                                          not required; and (2) if the VPD is able              petition, and must include a
                                                  Privacy_Impact_Assessment.html.
                                                     The Commission will update the PIA                   to produce the certification to the                   certification that the petitioner was
                                                  to cover the PII collected related to this              Commission in the event of a complaint.               served with a copy. The petitioner may
                                                  information collection to incorporate                   VPOs may provide certifications for                   reply to any comments or oppositions
                                                  various revisions to it as a result of                  specific programming or a more general                filed within 20 days after the close of
                                                  revisions to the SORN and as required                   certification, for example, for all                   the period for filing comments or
                                                  by OMB’s Memorandum M–03–22                             programming covered by a particular                   oppositions, and replies must include a
                                                  (September 26, 2003) and by the Privacy                 contract.                                             certification that the commenting or
                                                  Act, 5 U.S.C. 552a.                                        VPDs may seek Commission                           opposing party was served with a copy.
                                                     Needs and Uses: The Twenty-First                     determinations that other proposed                    Upon a finding of good cause, the
                                                  Century Communications and Video                        mechanisms provide adequate                           Commission may lengthen or shorten
                                                  Accessibility Act of 2010 (CVAA)                        information for them to rely on in good               any comment period and waive or
                                                  directed the Commission to revise its                   faith by filing an informal request and               establish other procedural requirements.
                                                  regulations to mandate closed                           providing sufficient information for the              Petitions and responsive pleadings must
                                                  captioning on IP-delivered video                        Commission to make such                               include a detailed, full showing,
                                                  programming that was published or                       determinations.                                       supported by affidavit, of any facts or
                                                  exhibited on television with captions                      (b) Contact information for the receipt            considerations relied on.
                                                  after the effective date of the                         and handling of written closed                           (d) Complaints alleging violations of
                                                  regulations. Accordingly, the                           captioning complaints.                                the closed captioning rules for IP-
                                                  Commission requires video                                  Pursuant to 47 CFR 79.4(c)(2)(iii),                delivered video programming.
                                                  programming owners (VPOs) to send                       VPDs must make their contact                             Pursuant to 47 CFR 79.4(e), a written
                                                  program files to video programming                      information available to end users for                complaint alleging a violation of the
                                                  distributors and providers (hereinafter                 the receipt and handling of written IP                closed captioning rules for IP-delivered
                                                  VPDs) with required captions, and it                    closed captioning complaints. The                     video programming may be filed with
                                                  requires VPDs to enable the rendering or                required contact information includes                 the Commission or with the VPD
                                                  pass through of all required captions to                the name of a person with primary                     responsible for enabling the rendering
                                                  the end user. The CVAA also directed                    responsibility for IP captioning issues               or pass through of the closed captions
                                                  the Commission to revise its regulations                and who can ensure compliance with                    for the video programming. Complaints
                                                  to mandate that all apparatus designed                  these rules, as well as the person’s title            must be filed within 60 days after the
                                                  to receive, play back, or record video                  or office, telephone number, fax                      date the complainant experienced a
                                                  programming be equipped with built-in                   number, postal mailing address, and                   problem with captioning. Such
                                                  closed caption decoder circuitry or                     email address. VPDs must keep this                    complaints should (but are not required
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                                                  capability designed to display closed-                  information current and update it                     to) include certain information.
                                                  captioned video programming, except                     within 10 business days of any change.                   If a complaint is filed first with the
                                                  that apparatus that use a picture screen                The Commission expects that such                      VPD, the VPD must respond in writing
                                                  that is 13 inches or smaller and                        contact information will be prominently               to the complainant within 30 days after
                                                  recording devices must comply only if                   displayed in a way that it is accessible              receipt of a closed captioning
                                                  doing so is achievable. These rules are                 to all end users. A general notice on the             compliant. If a VPD fails to respond
                                                  codified at 47 CFR 79.4 and 79.100–                     VPD’s Web site with such contact                      timely, or the response does not satisfy
                                                  79.104.                                                 information, if provided, must be                     the consumer, the complainant may re-


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                                                  24922                             Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices

                                                  file the complaint with the Commission                     (f) Requests for Commission                        receive, play back, or record video
                                                  within 30 days after the time allotted for              determination of achievability of                     programming to be equipped with built-
                                                  the VPD to respond. If a consumer re-                   apparatus closed caption requirements.                in closed caption decoder circuitry or
                                                  files the complaint with the                               Pursuant to 47 CFR 79.103(a), as of                capability designed to display closed-
                                                  Commission (after filing with the VPD)                  January 1, 2014, all digital apparatus                captions. A written complaint filed with
                                                  and the complaint satisfies the                         designed to receive or play back video                the Commission must be transmitted to
                                                  requirements, the Commission will                       programming that use a picture screen                 the Consumer and Governmental Affairs
                                                  forward the complaint to the named                      less than 13 inches in size must be                   Bureau through the Commission’s
                                                  VPD, and to any other VPD and/or VPO                    equipped with built-in closed caption                 online informal complaint filing system,
                                                  that Commission staff determines may                    decoder circuitry or capability designed              U.S. Mail, overnight delivery, or
                                                  be involved, who then must respond in                   to display closed-captioned video                     facsimile. Such complaints should
                                                  writing to the Commission and the                       programming, only if doing so is                      include certain information about the
                                                  complainant within 30 days after receipt                achievable. In addition, pursuant to 47               complainant and the alleged violation.
                                                  of the complaint from the Commission.                   CFR 79.104(a), as of January 1, 2014, all             The Commission may forward such
                                                     If a complaint is filed first with the               apparatus designed to record video                    complaints to the named manufacturer
                                                  Commission and the complaint satisfies                  programming must enable the rendering                 or provider, as well as to any other
                                                  the requirements, the Commission will                   or the pass through of closed captions                entity that Commission staff determines
                                                  forward the complaint to the named                      such that viewers are able to activate                may be involved, and may request
                                                  VPD and/or VPO, and to any other VPD                    and de-activate the closed captions as                additional information from any
                                                  and/or VPO that Commission staff                        the video programming is played back,                 relevant parties when, in the estimation
                                                  determine may be involved, who must                     only if doing so is achievable.                       of Commission staff, such information is
                                                  respond in writing to the Commission                       Manufacturers of such apparatus may                needed to investigate the complaint or
                                                  and the complainant within 30 days                      petition the Commission, pursuant to 47               adjudicate potential violations of
                                                  after receipt of the complaint from the                 CFR 1.41, for a full or partial exemption             Commission rules.
                                                  Commission. In response to a                            from the closed captioning requirements               Federal Communications Commission.
                                                  complaint, a VPD and/or VPO must                        before manufacturing or importing the
                                                                                                                                                                Marlene H. Dortch,
                                                  provide the Commission with sufficient                  apparatus or may assert as a response to
                                                                                                                                                                Secretary. Office of Secretary, Office of the
                                                  records and documentation. The                          a complaint that these requirements, in               Managing Director.
                                                  Commission will review all relevant                     full or in part, are not achievable.
                                                                                                                                                                [FR Doc. 2015–10143 Filed 4–30–15; 8:45 am]
                                                  information provided by the                             Pursuant to 47 CFR 79.103(b)(3), such a
                                                                                                                                                                BILLING CODE 6712–01–P
                                                  complainant and the subject VPDs and/                   petition or response must be supported
                                                  or VPOs, as well as any additional                      with sufficient evidence to demonstrate
                                                  information the Commission deems                        that compliance is not achievable
                                                                                                          (meaning with reasonable effort or                    FEDERAL DEPOSIT INSURANCE
                                                  relevant from its files or public sources.                                                                    CORPORATION
                                                  The Commission may request additional                   expense) and the Commission will
                                                  information from any relevant entities                  consider four specific factors when                   FDIC Systemic Resolution Advisory
                                                  when, in the estimation of Commission                   making such determinations. In                        Committee; Notice of Charter Renewal
                                                  staff, such information is needed to                    evaluating evidence offered to prove
                                                  investigate the complaint or adjudicate                 that compliance was not achievable, the               AGENCY: Federal Deposit Insurance
                                                  potential violation(s) of Commission                    Commission will be informed by the                    Corporation (FDIC).
                                                  rules. When the Commission requests                     analysis in the ACS Order.                            ACTION: Notice of renewal of the FDIC
                                                                                                             (g) Petitions for purpose-based                    Systemic Resolution Advisory
                                                  additional information, parties to which
                                                                                                          waivers of apparatus closed caption                   Committee.
                                                  such requests are addressed must
                                                                                                          requirements.
                                                  provide the requested information in the                   Manufacturers seeking certainty prior              SUMMARY:    Pursuant to the provisions of
                                                  manner and within the time period the                   to the sale of a device may petition the              the Federal Advisory Committee Act
                                                  Commission specifies.                                   Commission, pursuant to 47 CFR                        (‘‘FACA’’), 5 U.S.C. App., and after
                                                     (e) Requests for Commission                          79.104(b)(4), for a full or partial waiver            consultation with the General Services
                                                  determination of technical feasibility of               of the closed captioning requirements                 Administration, the Chairman of the
                                                  apparatus closed caption requirements.                  based on one of the following                         Federal Deposit Insurance Corporation
                                                     Pursuant to 47 CFR 79.103(a), as of                  provisions:                                           has determined that renewal of the FDIC
                                                  January 1, 2014, all digital apparatus                     (i) The apparatus is primarily                     Systemic Resolution Advisory
                                                  designed to receive or play back video                  designed for activities other than                    Committee (‘‘the Committee’’) is in the
                                                  programming that uses a picture screen                  receiving or playing back video                       public interest in connection with the
                                                  of any size must be equipped with built-                programming transmitted                               performance of duties imposed upon the
                                                  in closed caption decoder circuitry or                  simultaneously with sound; or                         FDIC by law. The Committee has been
                                                  capability designed to display closed-                     (ii) The apparatus is designed for                 a successful undertaking by the FDIC
                                                  captioned video programming, if                         multiple purposes, capable of receiving               and has provided valuable feedback to
                                                  technically feasible. If new apparatus or               or playing back video programming                     the agency on a broad range of issues
                                                  classes of apparatus for viewing video                  transmitted simultaneously with sound                 regarding the resolution of systemically
                                                  programming emerge on which it would                    but whose essential utility is derived                important financial companies pursuant
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                                                  not be technically feasible to include                  from other purposes.                                  to Title II of the Dodd-Frank Wall Street
                                                  closed captioning, parties may raise that                  (h) Complaints alleging violations of              Reform and Consumer Protection Act,
                                                  argument as a defense to a complaint or,                the apparatus closed caption                          Public Law 111–203 (July 21, 2010), 12
                                                  alternatively, file a request under 47                  requirements.                                         U.S.C. 5301 et seq. The Committee will
                                                  CFR 1.41 for a Commission                                  Consumers may file written                         continue to provide advice and
                                                  determination of technical feasibility                  complaints alleging violations of the                 recommendations on how the FDIC’s
                                                  before manufacturing or importing the                   Commission’s rules, 47 CFR 79.101–                    systemic resolution authority, and its
                                                  product.                                                79.104, requiring apparatus designed to               implementation, may impact regulated


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Document Created: 2018-02-21 10:20:46
Document Modified: 2018-02-21 10:20:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesWritten PRA comments should be submitted on or before June 30, 2015. 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.
ContactFor additional information about the information collection, contact Cathy Williams at (202) 418-2918.
FR Citation80 FR 24920 

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