[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Notices]
[Pages 19284-19287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7601]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection, as required by the Paperwork 
Reduction Act (PRA) of 1995. Comments are requested concerning (a) 
whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; (b) the accuracy 
of the Commission's burden estimate; (c) ways to enhance the quality, 
utility, and clarity of the information collected; (d) ways to minimize 
the burden of the collection of information on the respondents, 
including the use of automated collection techniques or other forms of 
information technology; and (e) ways to further reduce the information 
collection burden on small business concerns with fewer than 25 
employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before May 29, 
2012. 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.

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ADDRESSES: Direct all PRA comments to the Federal Communications 
Commission via email to [email protected] and [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-1162.
    Title: Closed Captioning of Video Programming Delivered Using 
Internet Protocol, and Apparatus Closed Caption Requirements.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Businesses or other for-
profit entities; Not-for-profit institutions.
    Number of Respondents and Responses: 1,762 respondents; 4,684 
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; 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: 11,685 hours.
    Total Annual Cost: $307,800.
    Privacy Act Impact Assessment: Yes. The Privacy Impact Assessment 
(PIA) 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 made to the SORN.
    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 Commission's rules may seek 
confidential treatment of information they provide pursuant to the 
Commission's existing confidentiality rules. See 47 CFR 0.459.
    The Commission is not requesting that individuals who file 
complaints alleging violations of the Commission's rules (complainants) 
submit confidential information (e.g., credit card numbers, social 
security numbers, or personal financial information) to the Commission. 
The Commission requests that complainants submit their names, 
addresses, and other contact information, which Commission staff needs 
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 and Inquiries.''
    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.
    Also, the Commission will prepare a revision to the SORN and PIA to 
cover the PII collected related to this information collection, 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: On January 13, 2012, in document FCC 12-9, the 
Commission released a Report and Order adopting final rules to 
implement sections 303, 330(b), and 713 of the Communications Act of 
1934 (the Act), as amended by the ``Twenty-First Century Communications 
and Video Accessibility Act of 2010'' (CVAA). See Public Law 111-260, 
Sec. Sec.  202 and 203. The Commission also released an Erratum thereto 
on January 30, 2012. Pursuant to Section 202 of the CVAA, the Report 
and Order adopts rules governing the closed captioning requirements for 
the owners, providers, and distributors of video programming delivered 
using Internet protocol (IP). Pursuant to Section 203 of the CVAA, the 
Report and Order adopts rules governing the closed captioning 
capabilities of certain apparatus on which consumers view video 
programming.
    The following rule sections and other requirements contain revised 
information collection requirements for which the Commission is seeking 
approval from the Office of Management and Budget (OMB):
    (a) 47 CFR 79.4(c)(1)(ii) and 47 CFR 79.4(c)(2)(ii) require video 
programming owners (VPOs) and video programming distributors and 
providers (VPDs) to agree upon a mechanism to inform VPDs on an ongoing 
basis whether video programming is subject to the IP closed captioning 
requirements. The Commission considered and rejected adopting a single 
specific mechanism that could impose greater information collection 
burdens on small businesses. 47 CFR 79.4(c)(2)(ii) requires VPDs to 
make a good faith effort to identify video programming subject to the 
IP closed captioning requirements using the agreed upon mechanism. A 
VPD may rely in good faith on a certification by a VPO that video 
programming need not be captioned if: (A) the certification includes a 
clear and concise explanation of why captioning is not required; and 
(B) the VPD is able to produce the certification to the Commission in 
the event of a complaint. VPDs may seek Commission determinations that 
other proposed mechanisms provide adequate information for them to rely 
on the mechanisms in good faith.
    (b) 47 CFR 79.4(c)(2)(iii) requires VPDs to make contact 
information available to end users for the receipt and handling of 
written IP closed captioning complaints. The contact information 
required for written complaints shall include the name of a person with 
primary responsibility for IP captioning issues and who can ensure 
compliance with the IP closed captioning rules. In addition, this 
contact information shall include 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.
    (c) 47 CFR 79.4(d)(1) permits VPOs and VPDs to petition the 
Commission for a full or partial exemption from the IP closed 
captioning requirements, which the Commission may grant upon a finding 
that the requirements would be economically burdensome. 47 CFR 
79.4(d)(2) requires the petitioner to support a petition for exemption 
with sufficient evidence to demonstrate that compliance with the 
requirements for closed captioning of IP-delivered video programming 
would be economically burdensome. The term ``economically burdensome'' 
means imposing significant difficulty or expense. The Commission will 
consider the following factors when determining whether the 
requirements for closed captioning of IP-delivered video programming 
would be economically burdensome: (i) the nature and cost of the closed 
captions for the programming; (ii) the impact on the operation of the 
VPD or VPO; (iii) the financial resources of the VPD or VPO; and (iv) 
the type of operations of the VPD or VPO. 47 CFR 79.4(d)(3) provides 
that, in addition to these factors, the petitioner must describe any 
other factors it deems relevant to the Commission's final determination 
and any available alternatives that might constitute a reasonable 
substitute for the

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IP closed captioning requirements including, but not limited to, text 
or graphic display of the content of the audio portion of the 
programming. The Commission will evaluate economic burden with regard 
to the individual outlet. 47 CFR 79.4(d)(4) requires the petitioner to 
electronically file its petition for exemption, and all subsequent 
pleadings related to the petition. 47 CFR 79.4(d)(6) permits any 
interested person to electronically file comments or oppositions to the 
petition within 30 days after release of the public notice of the 
petition. Within 20 days after the close of the period for filing 
comments or oppositions, the petitioner may reply to any comments or 
oppositions filed. 47 CFR 79.4(d)(7) requires persons who file comments 
or oppositions to the petition to serve the petitioner with copies of 
those comments or oppositions and to include a certification that the 
petitioner was served with a copy. Any petitioner filing a reply to 
comments or oppositions must serve the commenting or opposing party 
with a copy of the reply and must include a certification that the 
party was served with a copy.
    Comments or oppositions and replies shall be served upon a party, 
its attorney, or its other duly constituted agent by delivering or 
mailing a copy to the party's last known address or by sending a copy 
to the email address last provided by the party, its attorney, or other 
duly constituted agent. 47 CFR 79.4(d)(8) provides that, upon a finding 
of good cause, the Commission may lengthen or shorten any comment 
period and waive or establish other procedural requirements. 47 CFR 
79.4(d)(9) requires persons filing petitions and responsive pleadings 
to include a detailed, full showing, supported by affidavit, of any 
facts or considerations relied on. Overall, while there is some burden 
associated with requesting an exemption, when granted, an exemption 
will relieve the entity from complying with the IP closed captioning 
requirements.
    (d) 47 CFR 79.4(e)(1) provides that complaints concerning an 
alleged violation of the IP closed captioning requirements shall be 
filed in writing with the Commission or with the VPD responsible for 
enabling the rendering or pass through of the closed captions for the 
video programming within sixty (60) days after the date the complainant 
experienced a problem with captioning. A complaint filed with the 
Commission must be directed to the Consumer and Governmental Affairs 
Bureau and submitted through the Commission's online informal complaint 
filing system, U.S. Mail, overnight delivery, or facsimile. 47 CFR 
79.4(e)(2) sets forth certain information that a complaint should 
include. 47 CFR 79.4(e)(3) states that, if a complaint is filed first 
with the Commission, the Commission will forward complaints satisfying 
the above requirements to the named VPD and/or VPO, as well as to any 
other VPD and/or VPO that Commission staff determines may be involved. 
The VPD and/or VPO must respond in writing to the Commission and the 
complainant within 30 days after receipt of the complaint from the 
Commission. 47 CFR 79.4(e)(4) states that, if a complaint is filed 
first with the VPD, the VPD must respond in writing to the complainant 
within thirty (30) days after receipt of a closed captioning complaint. 
If a VPD fails to respond to the complainant within thirty (30) days, 
or the response does not satisfy the consumer, the complainant may file 
the complaint with the Commission within thirty (30) days after the 
time allotted for the VPD to respond. If a consumer re-files the 
complaint with the Commission and the complaint satisfies the above 
requirements, the Commission will forward the complaint to the named 
VPD, as well as to any other VPD and/or VPO that Commission staff 
determines may be involved. The VPD and/or VPO must then respond in 
writing to the Commission and the complainant within 30 days after 
receipt of the complaint from the Commission. 47 CFR 79.4(e)(5) 
requires VPDs and/or VPOs, in response to a complaint, to file with the 
Commission sufficient records and documentation to prove that the 
responding entity was (and remains) in compliance with the Commission's 
rules. If the responding entity admits that it was not or is not in 
compliance with the Commission's rules, it shall 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. 47 CFR 79.4(d)(6) permits the Commission to 
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. Overall, while the complaint procedures impose an 
information collection burden, the requirement for VPDs to publish 
contact information, described above, and to respond to consumer 
complaints provides an opportunity for VPDs to resolve complaints 
without Commission involvement.
    (e) Under the CVAA, the requirements of Section 203 only apply to 
the extent they are ``technically feasible.'' Parties may raise 
technical infeasibility as a defense to a complaint or, alternatively, 
may file a request for a ruling under Section 1.41 of the Commission's 
rules before manufacturing or importing the product.
    (f) 47 CFR 79.103(b)(3)(i) permits manufacturers of apparatus that 
use a picture screen of less than 13 inches in size to petition the 
Commission for a full or partial exemption from the closed captioning 
requirements pursuant to Section 1.41 of the Commission's rules, which 
the Commission may grant upon a finding that the requirements are not 
achievable. Such manufacturers may also assert that such apparatus is 
fully or partially exempt as a response to a complaint, which the 
Commission may dismiss upon a finding that the requirements are not 
achievable. 47 CFR 79.103(b)(3)(ii) requires the petitioner or 
respondent to support a petition for exemption or a response to a 
complaint with sufficient evidence to demonstrate that compliance with 
the requirements is not ``achievable'' where ``achievable'' means with 
reasonable effort or expense. The rule further sets forth certain 
factors that the Commission will consider when determining whether the 
requirements are not ``achievable.''
    (g) 47 CFR 79.103(b)(4) permits manufacturers of apparatus to 
petition the Commission for a full or partial waiver of the closed 
captioning requirements, which the Commission may grant upon a finding 
that the apparatus meets 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) The Report and Order also established procedures for the filing 
of written complaints alleging violations of the Commission's rules 
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. The 
Commission set forth information that such complaints should include. A

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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. 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.
[FR Doc. 2012-7601 Filed 3-29-12; 8:45 am]
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