[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Rules and Regulations]
[Pages 67376-67377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28170]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[CG Docket No. 06-181; FCC 11-159]


Anglers for Christ Ministries, Inc., New Beginning Ministries; 
Petitioners; Interpretation of Economically Burdensome Standard

AGENCY: Federal Communications Commission.

ACTION: Interim rule.

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SUMMARY: In this document, the Commission provides guidance on how it 
will construe, on an interim basis, the term ``economically 
burdensome'' for purposes of evaluating requests for individual 
exemptions. The intended effect of these actions is to ensure that the 
Commission evaluates petitions for exemption from the captioning rules 
in the way intended by the Communications Act (Act).

DATES: Effective November 1, 2011.

FOR FURTHER INFORMATION CONTACT: Traci Randolph, Consumer and 
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
0569 or email [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order 
(Order), document FCC 11-159, adopted October 20, 2011, and released 
October 20, 2011, in CG Docket No. 06-181. Simultaneously with the 
Order, the Commission also issued a Memorandum Opinion and Order in CG 
Docket No. 06-81, and Notice of Proposed Rulemaking in CG Docket No. 
11-175. The full text of document FCC 11-159 and copies of any 
subsequently filed documents in this matter will be available for 
public inspection and copying via ECFS, and during regular business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington, DC 20554. They may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554, telephone: (800) 378-3160, fax: (202) 488-5563, 
or Internet: http://www.bcpiweb.com. Document FCC 11-159 can also be 
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro/caption.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Paperwork Reduction Act of 1995 Analysis

    Document FCC 11-159 does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Synopsis

    1. As originally enacted, section 713(d)(3) of the Act authorized 
the Commission to grant an individual exemption upon a showing that 
providing closed captioning ``would result in an undue burden.'' 
Congress provided guidance to the Commission on how it should evaluate 
these captioning exemptions by setting forth, in section 713(e) of the 
Act, the following ``four factors to be considered'' in determining 
whether providing closed captioning ``would result in an undue economic 
burden'': (1) The nature and cost of the closed captions for the 
programming; (2) the impact on the operation of the provider or program 
owner; (3) the financial resources of the provider or program owner; 
and (4) the type of operations of the provider or program owner.

[[Page 67377]]

    2. In the Twenty-First Century Communications and Video 
Accessibility Act of 2010 (CVAA), Congress amended section 713(d)(3) of 
the Act by replacing the term ``undue burden'' with the term 
``economically burdensome.'' Specifically, amended section 713(d)(3) of 
the Act states: ``A provider of video programming or program owner may 
petition the Commission for an exemption from the requirements of this 
section, and the Commission may grant such petition upon a showing that 
the requirements contained in this section would be economically 
burdensome.''
    3. In document FCC 11-159, the Commission provides guidance on how 
it will construe, on an interim basis, the term ``economically 
burdensome'' for purposes of evaluating requests for individual 
exemptions under section 713(d)(3) of the Act, as amended by the CVAA. 
The Commission concludes that Congress, when it enacted the CVAA, 
intended for the Commission to continue using the undue burden factors 
contained in 713(e) of the Act, as interpreted by the Commission and 
reflected in Commission rules and precedent, for individual exemption 
petitions, rather than to make a substantive change to this standard.
    4. The Commission also directs CGB, with respect to all petitions 
filed or re-filed subsequent to October 8, 2010, the date on which the 
CVAA became law, to use the original factors set forth in section 
713(e) of the Act, as codified in Sec. Sec.  79.1(f)(2) and (3) of the 
Commission's rules, in accordance with the guidance provided in the 
instant order, when making determinations as to whether an individual 
petitioner has made a documented showing that requiring closed 
captioning would be ``economically burdensome.''

Congresssional Review Act

    The Commission will send a copy of document FCC 11-159 in a report 
to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act.

Ordering Clauses

    5. Pursuant to the authority contained in sections 4, 5, 303, and 
713 of the Communications Act of 1934, as amended, 47 U.S.C. 154, 155, 
303, and 613, and Sec. Sec.  1.115 and 1.411 of the Commission's rules, 
47 CFR 1.115, 1.411, document FCC 11-159 Is Adopted.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-28170 Filed 10-31-11; 8:45 am]
BILLING CODE 6712-01-P