[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Notices]
[Pages 32089-32092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13129]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collections Being Submitted for Review and Approval 
to the Office of Management and Budget

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. An agency 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 control number. Comments are requested concerning 
whether the proposed collection of information is necessary for the 
proper performance of the functions of the Commission, including 
whether the information shall have practical utility; the accuracy of 
the Commission's burden estimate; ways to enhance the quality, utility, 
and clarity of the information collected; ways to minimize the burden 
of the collection of information on the respondents, including the use 
of automated collection techniques or other forms of information 
technology; and ways to further reduce the information collection 
burden on small business concerns with fewer than 25 employees. The FCC 
may not conduct or sponsor a collection of information unless it 
displays a currently valid control number. No person shall be subject 
to any penalty for failing to comply with a collection of information 
subject to the PRA that does not display a valid Office of Management 
and Budget (OMB) control number.

DATES: Written comments should be submitted on or before July 2, 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 contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via fax 
202-395-5167, or via email [email protected]; and to 
Cathy Williams, FCC, via email [email protected] 
[email protected] and to [email protected]. Include 
in the comments the OMB control number as shown in the SUPPLEMENTARY 
INFORMATION section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page 
called ``Currently Under Review,'' (3) click on the downward-pointing 
arrow in the ``Select Agency'' box below the ``Currently Under Review'' 
heading, (4) select ``Federal Communications Commission'' from the list 
of agencies presented in the ``Select Agency'' box, (5) click the 
``Submit'' button to the right of the ``Select Agency'' box, (6) when 
the list of FCC ICRs currently under review appears, look for the OMB 
control number of this ICR and then click on the ICR Reference Number. 
A copy of the FCC submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-1146.
    Title: Implementation of the Twenty-first Century Communications 
and Video Accessibility Act of 2010, Section 105, Relay Services for 
Deaf-Blind Individuals, CG Docket No. 10-210.
    Form Number: N/A.

[[Page 32090]]

    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; businesses or other for-
profit entities; not-for-profit Institutions; Federal government; 
State, local or tribal governments.
    Number of Respondents and Responses: 106 respondents; 989 
responses.
    Estimated Time per Response: 1 to 120 hours.
    Frequency of Response: Annual, on occasion, one-time, monthly, and 
semi-annually reporting requirements; record keeping requirement; third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefit. The 
statutory authority for the information collections is contained in 47 
U.S.C. 154, 254(k); sections 403(b)(2)(B), (c), Public Law 104-104, 110 
Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 228, 
254(k), and 620.
    Total Annual Burden: 21,465 hours.
    Total Annual Cost: None.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information (PII), which is covered under the FCC's system 
of records notice (SORN), FCC/CGB-3, ``National Deaf-Blind Equipment 
distribution Program.'' As required by the Privacy Act, 5 U.S.C. 552a, 
the Commission also published a SORN, FCC/CGB-3 ``National Deaf-Blind 
Equipment Distribution Program,'' in the Federal Register on January 
19, 2012 (77 FR 2721) which became effective on February 28, 2012. 
Also, the Commission is in the process of preparing the new privacy 
impact assessment (PIA) related to the PII covered by these information 
collections, as required by OMB's Memorandum M-03-22 (September 26, 
2003) and by the Privacy Act, 5 U.S.C. 552a.
    Privacy 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 and is in the process of preparing a new 
SORN to cover the PII collected related thereto, as stated above.
    Needs and Uses: On April 6, 2011, in document FCC 11-56, the 
Commission released a Report and Order adopting final rules to 
implement section 719 of the Communications Act of 1934 (the Act), as 
amended, which was added to the Act by the ``Twenty-First Century 
Communications and Video Accessibility Act of 2010'' (CVAA). See Public 
Law 111-260, Sec.  105. Section 719 of the Act authorizes up to $10 
million annually from the Interstate Telecommunications Relay Service 
Fund (TRS Fund) to support eligible programs that distribute equipment 
designed to make telecommunications service, Internet access service, 
and advanced communications accessible by low-income individuals who 
are deaf-blind. Specifically, the rules adopted in document FCC 11-56 
established the National Deaf-Blind Equipment Distribution Program 
(NDBEDP) as a pilot program for two years with an option to extend the 
program for one additional year. The rules adopted in document FCC 11-
56 have the following information collection requirements:
    (a) State equipment distribution programs, other public programs, 
and private entities may submit applications for NDBEDP certification 
to the Commission. For each state, the Commission will certify a single 
program as the sole authorized entity to participate in the NDBEDP and 
receive reimbursement from the TRS Fund.
    (b) Each program certified under the NDBEDP must submit certain 
program-related data electronically to the Commission, as instructed by 
the NDBEDP Administrator, every six months, commencing with the start 
of the pilot program.
    (c) Each program certified under the NDBEDP must retain all records 
associated with the distribution of equipment and provision of related 
services under the NDBEDP for two years following the termination of 
the pilot program.
    (d) Each program certified under the NDBEDP must obtain 
verification that NDBEDP applicants meet the definition of an 
individual who is deaf-blind.
    (e) Each program certified under the NDBEDP must obtain 
verification that NDBEDP applicants meet the income eligibility 
requirements.
    (f) Programs certified under the NDBEDP shall be reimbursed for the 
cost of equipment that has been distributed to eligible individuals and 
authorized related services, up to the state's funding allotment under 
this program. Within 30 days after the end of each six-month period of 
the Fund Year, each program certified under the NDBEDP pilot must 
submit documentation that supports its claim for reimbursement of the 
reasonable costs of equipment and related services.
    On March 20, 2012 in document DA 12-430, the Commission released an 
order to conditionally waive the requirement in section (f), above, for 
NDBEDP certified programs to submit reimbursement claims at the end of 
each six-month period of the TRS Fund Year to permit certified programs 
to submit reimbursement claims as frequently as monthly. Each certified 
program that wishes to take advantage of this waiver will be permitted 
to elect a monthly or quarterly reimbursement schedule, must notify the 
TRS Fund Administrator of its election at the start of each Fund Year, 
and must maintain that schedule for the duration of the Year.
    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

[[Page 32091]]

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">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 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

[[Page 32092]]

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 
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.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-13129 Filed 5-30-12; 8:45 am]
BILLING CODE 6712-01-P