[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Rules and Regulations]
[Pages 7369-7370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3267]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[CG Docket No. 05-321; FCC 09-71]


Closed Captioning of Video Programming

AGENCY: Federal Communications Commission.

ACTION: Final rule; stay of effectiveness.

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SUMMARY: In this document, the Commission temporarily stays the 
effectiveness of the closed captioning rule that requires video 
programming distributors in certain circumstances to forward closed 
captioning complaints to third parties. Because the ``forwarding'' 
requirement contained in the rule may conflict with statutory 
provisions under the Communications Act (the Act), a stay is 
appropriate pending review by the Commission of the ``forwarding'' 
provision of the rule.

DATES: 47 CFR 79.1(g)(3), published at 74 FR 1594, January 13, 2009, is 
stayed beginning February 19, 2010.

FOR FURTHER INFORMATION CONTACT: Amelia Brown, Consumer and 
Governmental Affairs Bureau, Disability Rights Office at (202) 418-2799 
(voice), (202) 418-7804 (TTY), or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
FCC 09-71, Closed Captioning of Video Programming, CG Docket No. 05-
231, Order Suspending Effective Date, adopted September 8, 2009, and 
released December 11, 2009. The full text of FCC 09-71 and copies of 
any subsequently filed documents in this matter will be available for 
public inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. FCC 09-71 and copies of subsequently 
filed documents in this matter also may be purchased from the 
Commission's duplicating contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554. Customers may contact the 
Commission's duplicating contractor at its Web site http://www.bcpiweb.com or by calling 1-800-378-3160.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). FCC 
09-71 also can be downloaded in Word or Portable Document Format (PDF) 
at: http://www.fcc.gov/cgb/dro/caption.html.

Synopsis

    1. On November 7, 2008, the Commission released Closed Captioning 
of Video Programming, Closed Captioning Requirements for Digital 
Television Receivers, CG Docket No. 05-231, ET Docket No. 99-254, 
Declaratory Ruling, Order, and Notice of Proposed Rulemaking, FCC 08-
255, (2008 Closed Captioning Order), published at 74 FR 1594, January 
13, 2009, which, among other things, requires video programming 
distributors in certain circumstances to forward closed captioning 
complaints to third parties. Such a requirement, however, appears to 
conflict with certain provisions of the Act that prohibit disclosure of 
personally identifiable information to third parties. To avoid placing 
video programming distributors in the untenable position of having to 
choose whether to comply with the closed captioning rule or with a 
conflicting statutory provision, the Commission temporarily suspends 
the effective date of the rule while the Commission considers how to 
revise it.
    2. Specifically, amended 47 CFR 79.1(g)(3), adopted in the 2008 
Closed Captioning Order, appears to conflict with the prohibitions 
contained in Sections 631(c) and 338(i) of the Act. In particular, 
cable or satellite operators would violate these provisions if they 
complied with 47 CFR 79.1(g)(3) by forwarding complaints containing a 
subscriber's personal information without first obtaining the 
subscriber's consent to disclose personally identifiable information. 
Given this apparent conflict, the Commission finds good cause to 
suspend the effective date of 47 CFR 79.1(g)(3) temporarily without 
prior notice and comment. Because allowing this rule to take effect 
would subject companies to conflicting legal obligations, the 
Commission finds that seeking comment on whether to suspend the rule 
would be impractical, unnecessary, and contrary to the public interest. 
The Commission intends to issue a notice of proposed rulemaking to seek 
comment on a revised rule for handling closed captioning complaints, to 
replace 47 CFR 79.1(g)(3) as adopted in the 2008 Closed Captioning 
Order.

Congressional Review Act

    The Commission will send a copy of the Order Suspending Effective 
Date in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act.

[[Page 7370]]

Ordering Clause

    Pursuant to 47 U.S.C. 154(i), 303(r) and 613, the Order Suspending 
Effective Date is adopted.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-3267 Filed 2-18-10; 8:45 am]
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