[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Proposed Rules]
[Pages 31800-31808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11574]



  Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Proposed 
Rules  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[MB Docket Nos. 12-107, 11-43; FCC 13-45]


Accessible Emergency Information, and Apparatus Requirements for 
Emergency Information and Video Description: Implementation of the 
Twenty-First Century Communications and Video Accessibility Act of 2010

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission seeks comment on issues 
related to rules implementing the requirements of the Twenty-First 
Century Communications and Video Accessibility Act of 2010 (``CVAA''). 
Specifically, the Commission explores whether a multichannel video 
programming distributor (``MVPD'') service is covered by the emergency 
information rules and by the video description rules when it permits 
its subscribers to access linear video programming on mobile and other 
devices. The Commission also explores whether the Commission should 
require that secondary audio streams be tagged for the visually 
impaired to ensure that consumers can find and locate those streams. 
Finally, the Commission asks whether it should require covered entities 
to provide customer support services and contact information to assist 
consumers who are blind or visually impaired.

DATES: Comments are due on or before July 23, 2013; reply comments are 
due on or before August 22, 2013. Written comments on the Paperwork 
Reduction Act proposed information collection requirements must be 
submitted by the public, Office of Management and Budget (OMB), and 
other interested parties on or before July 23, 2013.

ADDRESSES: You may submit comments, identified by MB Docket Nos. 12-
107, 11-43, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: (202) 418-
0530 or TTY: (202) 418-0432.
    In addition to filing comments with the Secretary, a copy of any 
comments on the Paperwork Reduction Act proposed information collection 
requirements contained herein should be submitted to the Federal 
Communications Commission via email to [email protected] and to Nicholas A. 
Fraser, Office of Management and Budget, via email to [email protected] or via fax at (202) 395-5167. For detailed 
instructions for submitting comments and additional information on the 
rulemaking process, see the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Diana Sokolow, [email protected], 
or Maria Mullarkey, [email protected], of the Policy Division, 
Media Bureau, (202) 418-2120. For additional information concerning the 
Paperwork Reduction Act information collection requirements contained 
in this document, contact Cathy Williams at (202) 418-2918 or send an 
email to [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking, FCC 13-45, adopted on April 8, 
2013 and released on April 9, 2013. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, Federal Communications Commission, 
445 12th Street SW., Room CY-A257, Washington, DC 20554. This document 
will also be available via ECFS at http://fjallfoss.fcc.gov/ecfs/. 
Documents will be available electronically in ASCII, Microsoft Word, 
and/or Adobe Acrobat. The complete text may be purchased from the 
Commission's copy contractor, 445 12th Street SW., Room CY-B402, 
Washington, DC 20554. Alternative formats are available for people with 
disabilities (Braille, large print, electronic files, audio format), by 
sending an email to [email protected] or calling the Commission's Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
    This FNPRM seeks comment on a potential new or revised information 
collection requirement. If the Commission adopts a new or revised 
information collection requirement, the Commission will publish a 
separate document in the Federal Register inviting the public to 
comment on the requirement, as required by the Paperwork Reduction Act 
of 1995, Public Law 104-13 (44 U.S.C. 3501-3520). In addition, pursuant 
to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how 
it might ``further reduce the information collection burden for small 
business concerns with fewer than 25 employees.''

Summary of the Further Notice of Proposed Rulemaking

I. Introduction

    1. We issue a Further Notice of Proposed Rulemaking (``FNPRM'') 
that:
     Explores whether a multichannel video programming 
distributor (``MVPD'') service is covered by the emergency information 
rules adopted herein when an MVPD, as defined in the Commission's 
rules, permits its subscribers to access linear video programming that 
contains emergency information via tablets, laptops, personal 
computers, smartphones, or similar devices;
     Explores whether an MVPD system must comply with the video 
description rules when it permits its subscribers to access linear 
video programming via tablets, laptops, personal computers, 
smartphones, or similar devices;
     Explores whether the Commission should impose a 
requirement that broadcast receivers detect and decode audio streams 
marked for the visually impaired, to ensure that consumers can find and 
locate those streams; and
     Explores whether the Commission should require covered 
entities to provide customer support services and contact information 
to assist consumers who are blind or visually impaired to navigate 
between the main and secondary audio streams.

II. Further Notice of Proposed Rulemaking

    2. Provision of linear programming to mobile and other devices. We 
seek comment on whether, when an MVPD, as defined in the Commission's 
rules,\1\ permits its subscribers to access linear video programming 
that contains emergency information via tablets, laptops, personal 
computers,

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smartphones, or similar devices, it is acting as a ``video programming 
distributor'' \2\ that is providing ``video programming'' \3\ and is 
covered by the emergency information rules adopted herein.\4\ We also 
seek comment on whether, under this approach, an MVPD should be 
required to ensure that any application or plug-in \5\ that it provides 
to the consumer to access this programming is capable of making the 
emergency information audible on a secondary audio stream. For example, 
Cablevision currently permits consumers to access its entire package of 
video programming, including broadcast channels that contain emergency 
information, via tablets, laptops, smartphones, and similar devices.\6\ 
Should Cablevision be required to ensure that any emergency information 
contained in the programming it makes available on tablets and other 
devices is audible by means of a secondary stream? We recognize that 
some MVPDs currently enable subscribers to access linear video 
programming inside the home as well as outside the home (e.g., TV 
Everywhere offerings). Should our rules apply to both situations--
irrespective of where the subscriber may physically be when accessing 
the programming? Does it matter whether the emergency content is being 
delivered over the MVPD's IP network or over the Internet?
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    \1\ The Commission's rules define an MVPD as ``an entity engaged 
in the business of making available for purchase, by subscribers or 
customers, multiple channels of video programming.'' See 47 CFR 
76.1000(e).
    \2\ See id. 79.1(a)(2) (defining ``video programming 
distributor'' to include any television broadcast station, MVPD, and 
``any other distributor of video programming for residential 
reception that delivers such programming directly to the home and is 
subject to the jurisdiction of the Commission'').
    \3\ See id. 79.1(a)(1) (defining ``video programming'' to mean 
``[p]rogramming provided by, or generally considered comparable to 
programming provided by, a television broadcast station that is 
distributed and exhibited for residential use'').
    \4\ We do not believe it is necessary to reach the question of 
whether this service is provided by an MVPD or an ``other 
distributor of video programming for residential reception that 
delivers such programming directly to the home and is subject to the 
jurisdiction of the Commission,'' as both are covered entities. We 
note that our inquiry is based on the specific definitions contained 
in Sec.  79.1 of the Commission's rules and thus is limited to 
application of the emergency information requirements in the CVAA, 
47 U.S.C. 613(g), and should not be read to imply a classification 
of these services for any other purpose. We seek comment on this 
issue.
    \5\ A ``plug-in'' is defined as ``[a] program of data that 
enhances, or adds to, the operation of a (usually larger) parent 
program.'' See H. Newton, Newton's Telecom Dictionary 642 (20th ed. 
2004).
    \6\ Cablevision delivers programming both to traditional set-top 
boxes and to IP devices using ``its secure and proprietary Advanced 
Digital Cable television network to deliver cable programming to 
customers for viewing on the Optimum App for iPad [and other 
devices] and content is not delivered over the Internet. . . . 
Customers do not need to have Internet access to use the Optimum App 
for iPad.'' See Cablevision's New Optimum App Delivers the Full 
Cable Television Experience to an iPad in the Home, Apr. 2, 2011, 
available at http://www.prnewswire.com/news-releases/cablevisions-new-optimum-app-delivers-the-full-cable-television-experience-to-an-ipad-in-the-home-119117379.html.
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    3. At the same time, we seek comment on whether instead of placing 
obligations on MVPDs to make the emergency information accessible on 
the types of devices described above, it should be the obligation of 
the apparatus manufacturer, under section 203, to ensure that the 
devices are capable of receiving the secondary audio stream. Or, do 
both the MVPD and the manufacturer have a role in facilitating the 
provision of the secondary audio stream on these types of devices?
    4. What technological hurdles, if any, prevent or impede the 
delivery of the secondary audio service on mobile devices and personal 
computers? How much time is necessary for MVPDs and/or manufacturers to 
come into compliance and ensure that consumers can access the secondary 
audio stream on a mobile device or personal computer?
    5. Provision of video description services on mobile or other 
devices. We note that the Commission's existing video description rules 
currently apply to ``MVPD systems.'' Specifically, MVPD systems that 
serve 50,000 or more subscribers must provide 50 hours of video 
description per calendar quarter during prime time or children's 
programming on each of the top five national nonbroadcast networks that 
they carry on those systems.\7\ Further, MVPD systems of any size must 
pass through video description provided by a broadcast station or 
nonbroadcast network, if the channel on which the MVPD distributes the 
programming has the technical capability necessary to pass through the 
video description and if that technology is not being used for another 
purpose related to the programming. In discussions with industry in the 
context of the current proceeding, it has come to our attention that 
the pass-through obligations of an MVPD system may not be clear to the 
extent that the MVPD allows subscribers to access ``video programming'' 
\8\ via tablets, laptops, personal computers, smartphones, or similar 
devices. To provide additional clarity on this issue, we seek comment 
on whether an MVPD system must comply with the video description rules 
when it permits its subscribers to access linear video programming via 
tablets, laptops, personal computers, smartphones, or similar devices. 
Because video description is provided using secondary audio streams, we 
seek comment on whether an MVPD must ensure that any application or 
plug-in that it provides to the consumer to access linear video 
programming is capable of providing or passing through video 
description on a secondary audio stream, regardless of the type of 
device (e.g., tablets, laptops, personal computers, smartphones) the 
consumer uses to access such programming. How, if at all, should we 
apply in this context the technical capability exception to the video 
description requirements, pursuant to which the pass-through 
requirement does not apply when an MVPD lacks the technical capability 
necessary to pass through video description? What obligations, if any, 
fall on the manufacturers to ensure that these devices are capable of 
receiving the secondary audio stream, pursuant to section 203 of the 
CVAA?
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    \7\ The top five national nonbroadcast networks must reach 50 
percent or more of MVPD households and have at least 50 hours per 
quarter of prime time programming that is not live or near-live or 
otherwise exempt under the video description rules. 47 CFR 
79.3(b)(4). See also Video Description: Implementation of the 
Twenty-First Century Communications and Video Accessibility Act of 
2010, Report and Order, 76 FR 55585 (2011) (``2011 Video Description 
Order''). For purposes of the rule, the top five nonbroadcast 
networks are USA, the Disney Channel, TNT, Nickelodeon, and TBS.
    \8\ See 47 CFR 79.3(a)(4) (defining ``video programming'' as 
``[p]rogramming provided by, or generally considered comparable to 
programming provided by, a television broadcast station, but not 
including consumer-generated media'').
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    6. We also seek comment on whether additional time is needed for 
MVPDs and/or manufacturers to comply with the video description rules 
for linear video programming services provided via tablets, laptops, 
personal computers, smartphones, or similar devices. We note, for 
example, that the Commission in the 2011 Video Description Order gave 
mobile DTV additional time for compliance. Should the same timeframe 
apply for both emergency information and video description purposes? We 
note that, as a technical matter, once the secondary audio stream is 
received by a device, that stream can be made available regardless of 
whether it is used for emergency information or video description.
    7. Tagging of the secondary audio stream. As explained in the 
Report and Order, we are concerned that some consumers may be unable to 
find and activate an audio stream tagged as ``visually impaired'' 
(``VI''), which is the label dictated by the digital television 
standard, and that the audio stream used for video description must be 
labeled as ``complete main'' (``CM'')

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instead.\9\ Further, it has been reported that some television 
receivers do not properly handle two audio tracks identified as 
English, and thus to ensure compatibility, broadcasters often tag the 
video description stream as a foreign language, even though the content 
of the stream is video description. Although the NPRM, 77 FR 70970, 
sought comment on this issue, the record is not yet sufficiently 
detailed for us to address these very technical matters. We recognize 
that broadcasters and MVPDs have not yet developed a solution pursuant 
to which tagging the video description stream as VI, to help consumers 
locate the stream, would be compatible with accessing the secondary 
audio stream on all equipment, including older equipment. In the 
absence of an industry solution to this problem, should the Commission 
mandate that the video description stream include a particular tag, and 
that all apparatus subject to the rules adopted herein enable consumers 
to access a video description stream with that tag? If so, is the 
``visually impaired'' (``VI'') tag the one that the Commission should 
mandate? What would broadcasters and manufacturers need to do to comply 
with such a requirement? What deadline should the Commission impose by 
which broadcasters and manufacturers must comply with any such 
requirement? How can the Commission ensure that such a requirement does 
not affect consumers who have not upgraded their equipment? How can we 
minimize any confusion or cost to such consumers, and specifically, how 
can we mitigate the need for consumers to purchase new equipment to 
take advantage of the tagging requirements discussed herein? What other 
steps should the Commission take to ensure that the content of the 
secondary audio stream is properly tagged, for example so that a video 
description stream is tagged as video description and not as foreign 
language audio? We also invite comment on any other issues relevant to 
this portion of the FNPRM.
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    \9\ In this context, a ``tag'' refers to the metadata 
accompanying an audio stream that signals to the receiving device 
what type of audio stream it is.
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    8. Customer support services. As explained in the Report and Order 
published elsewhere in this publication, although we request, but do 
not at this time require, that entities subject to the requirements 
adopted herein pursuant to sections 202 and 203 of the CVAA provide 
dedicated customer support services to assist consumers who are blind 
or visually impaired with accessing the secondary audio stream, we seek 
further comment on this issue. Should the Commission require covered 
entities to provide customer support services that are specifically 
designed to assist consumers who are blind or visually impaired to 
navigate between the main and secondary audio streams? Should customer 
support services consist of a dedicated telephone number, an accessible 
chat feature on the covered entity's Web site, or a different means by 
which regulated entities should provide customer support? How should 
such a requirement apply to manufacturers, which may not maintain an 
ongoing direct-to-consumer relationship? Should the Commission adopt 
contact information requirements comparable to those applicable to the 
television closed captioning rules, to require covered entities to make 
available contact information for the receipt and handling of immediate 
emergency information or video description complaints or concerns 
during a program's progress, and for the receipt and handling of 
written emergency information or video description complaints that do 
not raise immediate issues? What contact information should the 
Commission require of entities subject to the requirements adopted 
herein, and how should that information be made available to consumers? 
Instead of following the model of the television closed captioning 
rules, should we adopt contact information requirements comparable to 
those applicable to the IP closed captioning rules? Are there other 
ways by which entities subject to the requirements adopted herein can 
best provide assistance to consumers who are blind or visually impaired 
with accessing the secondary audio stream? Finally, we invite comment 
on any additional issues relevant to this portion of the FNPRM.

III. Procedural Matters

A. Initial Regulatory Flexibility Analysis

    9. As required by the Regulatory Flexibility Act of 1980, as 
amended (``RFA''),\10\ the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (``IRFA'') concerning the possible 
significant economic impact on small entities by the policies and rules 
proposed in the Further Notice of Proposed Rulemaking (``FNPRM''). 
Written public comments are requested on this IRFA. Comments must be 
identified as responses to the IRFA and must be filed by the deadlines 
for comments provided on the first page of the item. The Commission 
will send a copy of the FNPRM, including this IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration 
(``SBA'').\11\ In addition, the FNPRM and IRFA (or summaries thereof) 
will be published in the Federal Register.\12\
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    \10\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 through 612, 
has been amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (``SBREFA''), Pub. L. No. 104-121, Title II, 
110 Stat. 857 (1996). The SBREFA was enacted as Title II of the 
Contract With America Advancement Act of 1996 (``CWAAA'').
    \11\ See 5 U.S.C. 603(a).
    \12\ See id.
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1. Need for, and Objectives of, the Proposed Rule Changes
    10. The FNPRM:
     Explores whether a multichannel video programming 
distributor (``MVPD'') service is covered by the emergency information 
rules adopted herein when an MVPD, as defined in the Commission's 
rules, permits its subscribers to access linear video programming that 
contains emergency information via tablets, laptops, personal 
computers, smartphones, or similar devices;
     Explores whether an MVPD system must comply with the video 
description rules when it permits its subscribers to access linear 
video programming via tablets, laptops, personal computers, 
smartphones, or similar devices;
     Explores whether the Commission should impose a 
requirement that broadcast receivers detect and decode audio streams 
marked for the visually impaired, to ensure that consumers can find and 
locate those streams; and
     Explores whether the Commission should require covered 
entities to provide customer support services and contact information 
to assist consumers who are blind or visually impaired to navigate 
between the main and secondary audio streams.
2. Legal Basis
    11. The proposed action is authorized pursuant to 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.
3. Description and Estimate of the Number of Small Entities to Which 
the Proposals Will Apply
    12. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the proposed rules if adopted.\13\ The RFA

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generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' \14\ In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act.\15\ A ``small business concern'' is one 
which: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the Small Business Administration (``SBA'').\16\
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    \13\ 5 U.S.C. 603(b)(3).
    \14\ Id. 601(6).
    \15\ Id. 601(3) (incorporating by reference the definition of 
``small-business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of 
the agency and publishes such definition(s) in the Federal 
Register.''
    \16\ 15 U.S.C. 632.
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    13. Cable Television Distribution Services. Since 2007, these 
services have been defined within the broad economic census category of 
``Wired Telecommunications Carriers,'' which is defined as follows: 
``This industry comprises establishments primarily engaged in operating 
and/or providing access to transmission facilities and infrastructure 
that they own and/or lease for the transmission of voice, data, text, 
sound, and video using wired telecommunications networks. Transmission 
facilities may be based on a single technology or a combination of 
technologies.'' The SBA has developed a small business size standard 
for this category, which is: All such firms having 1,500 or fewer 
employees. Census data for 2007 shows that there were 31,996 
establishments that operated that year. Of those 31,996, 1,818 operated 
with more than 100 employees, and 30,178 operated with fewer than 100 
employees. Thus, under this category and the associated small business 
size standard, the majority of such firms can be considered small.
    14. Cable Companies and Systems. The Commission has also developed 
its own small business size standards, for the purpose of cable rate 
regulation. Under the Commission's rules, a ``small cable company'' is 
one serving 400,000 or fewer subscribers nationwide. Industry data 
indicate that all but ten cable operators nationwide are small under 
this size standard. In addition, under the Commission's rules, a 
``small system'' is a cable system serving 15,000 or fewer subscribers. 
Industry data indicate that, of 6,101 systems nationwide, 4,410 systems 
have under 10,000 subscribers, and an additional 258 systems have 
10,000-19,999 subscribers. Thus, under this standard, most cable 
systems are small.
    15. Cable System Operators. The Communications Act of 1934, as 
amended, also contains a size standard for small cable system 
operators, which is ``a cable operator that, directly or through an 
affiliate, serves in the aggregate fewer than 1 percent of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenues in the aggregate exceed 
$250,000,000.'' The Commission has determined that an operator serving 
fewer than 677,000 subscribers shall be deemed a small operator if its 
annual revenues, when combined with the total annual revenues of all 
its affiliates, do not exceed $250 million in the aggregate. Industry 
data indicate that all but nine cable operators nationwide are small 
under this subscriber size standard. We note that the Commission 
neither requests nor collects information on whether cable system 
operators are affiliated with entities whose gross annual revenues 
exceed $250 million, and therefore we are unable to estimate more 
accurately the number of cable system operators that would qualify as 
small under this size standard.
    16. Television Broadcasting. This Economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound. These establishments operate television 
broadcasting studios and facilities for the programming and 
transmission of programs to the public.'' The SBA has created the 
following small business size standard for Television Broadcasting 
firms: Those having $14 million or less in annual receipts. The 
Commission has estimated the number of licensed commercial television 
stations to be 1,387. In addition, according to Commission staff review 
of the BIA Advisory Services, LLC's Media Access Pro Television 
Database on March 28, 2012, about 950 of an estimated 1,300 commercial 
television stations (or approximately 73 percent) had revenues of $14 
million or less. We therefore estimate that the majority of commercial 
television broadcasters are small entities.
    17. We note, however, that in assessing whether a business concern 
qualifies as small under the above definition, business (control) 
affiliations must be included. Our estimate, therefore, likely 
overstates the number of small entities that might be affected by our 
action because the revenue figure on which it is based does not include 
or aggregate revenues from affiliated companies. In addition, an 
element of the definition of ``small business'' is that the entity not 
be dominant in its field of operation. We are unable at this time to 
define or quantify the criteria that would establish whether a specific 
television station is dominant in its field of operation. Accordingly, 
the estimate of small businesses to which rules may apply does not 
exclude any television station from the definition of a small business 
on this basis and is therefore possibly over-inclusive to that extent.
    18. In addition, the Commission has estimated the number of 
licensed noncommercial educational (NCE) television stations to be 396. 
These stations are non-profit, and therefore considered to be small 
entities.
    19. Direct Broadcast Satellite (``DBS'') Service. DBS service is a 
nationally distributed subscription service that delivers video and 
audio programming via satellite to a small parabolic ``dish'' antenna 
at the subscriber's location. DBS, by exception, is now included in the 
SBA's broad economic census category, ``Wired Telecommunications 
Carriers,'' which was developed for small wireline firms. Under this 
category, the SBA deems a wireline business to be small if it has 1,500 
or fewer employees. Census data for 2007 shows that there were 31,996 
establishments that operated that year. Of those 31,996, 1,818 operated 
with more than 100 employees, and 30,178 operated with fewer than 100 
employees. Thus, under this category and the associated small business 
size standard, the majority of such firms can be considered small. 
Currently, only two entities provide DBS service, which requires a 
great investment of capital for operation: DIRECTV and EchoStar 
Communications Corporation (``EchoStar'') (marketed as the DISH 
Network). Each currently offers subscription services. DIRECTV and 
EchoStar each report annual revenues that are in excess of the 
threshold for a small business. Because DBS service requires 
significant capital, we believe it is unlikely that a small entity as 
defined by the SBA would have the financial wherewithal to become a DBS 
service provider.
    20. Satellite Telecommunications Providers. Two economic census 
categories address the satellite industry. The first category has a 
small business size standard of $15 million or less in average annual 
receipts, under SBA rules. The second has a size standard of $25 
million or less in annual receipts.
    21. The category of ``Satellite Telecommunications'' ``comprises 
establishments primarily engaged in

[[Page 31804]]

providing telecommunications services to other establishments in the 
telecommunications and broadcasting industries by forwarding and 
receiving communications signals via a system of satellites or 
reselling satellite telecommunications.'' Census Bureau data for 2007 
show that 607 Satellite Telecommunications establishments operated for 
that entire year. Of this total, 533 establishments had annual receipts 
of under $10 million or less, and 74 establishments had receipts of $10 
million or more. Consequently, the Commission estimates that the 
majority of Satellite Telecommunications firms are small entities that 
might be affected by our action.
    22. The second category, i.e., ``All Other Telecommunications,'' 
comprises ``establishments primarily engaged in providing specialized 
telecommunications services, such as satellite tracking, communications 
telemetry, and radar station operation. This industry also includes 
establishments primarily engaged in providing satellite terminal 
stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or voice over Internet 
protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.'' For this category, 
Census Bureau data for 2007 shows that there were a total of 2,639 
establishments that operated for the entire year. Of those 2,639 
establishments, 2,333 operated with annual receipts of less than $10 
million and 306 with annual receipts of $10 million or more. 
Consequently, the Commission estimates that a majority of All Other 
Telecommunications establishments are small entities that might be 
affected by our action.
    23. Satellite Master Antenna Television (SMATV) Systems, also known 
as Private Cable Operators (PCOs). SMATV systems or PCOs are video 
distribution facilities that use closed transmission paths without 
using any public right-of-way. They acquire video programming and 
distribute it via terrestrial wiring in urban and suburban multiple 
dwelling units such as apartments and condominiums, and commercial 
multiple tenant units such as hotels and office buildings. SMATV 
systems or PCOs are now included in the SBA's broad economic census 
category, ``Wired Telecommunications Carriers,'' which was developed 
for small wireline firms. Under this category, the SBA deems a wireline 
business to be small if it has 1,500 or fewer employees. Census data 
for 2007 shows that there were 31,996 establishments that operated that 
year. Of those 31,996, 1,818 operated with more than 100 employees, and 
30,178 operated with fewer than 100 employees. Thus, under this 
category and the associated small business size standard, the majority 
of such firms can be considered small.
    24. Home Satellite Dish (``HSD'') Service. HSD or the large dish 
segment of the satellite industry is the original satellite-to-home 
service offered to consumers, and involves the home reception of 
signals transmitted by satellites operating generally in the C-band 
frequency. Unlike DBS, which uses small dishes, HSD antennas are 
between four and eight feet in diameter and can receive a wide range of 
unscrambled (free) programming and scrambled programming purchased from 
program packagers that are licensed to facilitate subscribers' receipt 
of video programming. Because HSD provides subscription services, HSD 
falls within the SBA-recognized definition of ``Wired 
Telecommunications Carriers.'' The SBA has developed a small business 
size standard for this category, which is: All such firms having 1,500 
or fewer employees. Census data for 2007 shows that there were 31,996 
establishments that operated that year. Of those 31,996, 1,818 operated 
with more than 100 employees, and 30,178 operated with fewer than 100 
employees. Thus, under this category and the associated small business 
size standard, the majority of such firms can be considered small.
    25. Broadband Radio Service and Educational Broadband Service. 
Broadband Radio Service systems, previously referred to as Multipoint 
Distribution Service (MDS) and Multichannel Multipoint Distribution 
Service (MMDS) systems, and ``wireless cable,'' transmit video 
programming to subscribers and provide two-way high speed data 
operations using the microwave frequencies of the Broadband Radio 
Service (BRS) and Educational Broadband Service (EBS) (previously 
referred to as the Instructional Television Fixed Service (ITFS)). In 
connection with the 1996 BRS auction, the Commission established a 
small business size standard as an entity that had annual average gross 
revenues of no more than $40 million in the previous three calendar 
years. The BRS auctions resulted in 67 successful bidders obtaining 
licensing opportunities for 493 Basic Trading Areas (BTAs). Of the 67 
auction winners, 61 met the definition of a small business. BRS also 
includes licensees of stations authorized prior to the auction. At this 
time, we estimate that of the 61 small business BRS auction winners, 48 
remain small business licensees. In addition to the 48 small businesses 
that hold BTA authorizations, there are approximately 392 incumbent BRS 
licensees that are considered small entities. After adding the number 
of small business auction licensees to the number of incumbent 
licensees not already counted, we find that there are currently 
approximately 440 BRS licensees that are defined as small businesses 
under either the SBA or the Commission's rules. In 2009, the Commission 
conducted Auction 86, the sale of 78 licenses in the BRS areas. The 
Commission offered three levels of bidding credits: (i) A bidder with 
attributed average annual gross revenues that exceed $15 million and do 
not exceed $40 million for the preceding three years (small business) 
received a 15 percent discount on its winning bid; (ii) a bidder with 
attributed average annual gross revenues that exceed $3 million and do 
not exceed $15 million for the preceding three years (very small 
business) received a 25 percent discount on its winning bid; and (iii) 
a bidder with attributed average annual gross revenues that do not 
exceed $3 million for the preceding three years (entrepreneur) received 
a 35 percent discount on its winning bid. Auction 86 concluded in 2009 
with the sale of 61 licenses. Of the ten winning bidders, two bidders 
that claimed small business status won four licenses; one bidder that 
claimed very small business status won three licenses; and two bidders 
that claimed entrepreneur status won six licenses.
    26. In addition, the SBA's placement of Cable Television 
Distribution Services in the category of Wired Telecommunications 
Carriers is applicable to cable-based Educational Broadcasting 
Services. Since 2007, ``Wired Telecommunications Carriers'' have been 
defined as follows: ``This industry comprises establishments primarily 
engaged in operating and/or providing access to transmission facilities 
and infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound, and video using wired telecommunications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies.'' Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services; wired (cable) audio and video programming

[[Page 31805]]

distribution; and wired broadband Internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry. For these services, the Commission uses the SBA small 
business size standard for Wired Telecommunications Carriers, which is 
1,500 or fewer employees. Census data for 2007 shows that there were 
31,996 establishments that operated that year. Of those 31,996, 1,818 
operated with more than 100 employees, and 30,178 operated with fewer 
than 100 employees. Thus, under this category and the associated small 
business size standard, the majority of such firms can be considered 
small. In addition to Census data, the Commission's internal records 
indicate that as of September 2012, there are 2,241 active EBS 
licenses. The Commission estimates that of these 2,241 licenses, the 
majority are held by non-profit educational institutions and school 
districts, which are by statute defined as small businesses.
    27. Fixed Microwave Services. Microwave services include common 
carrier, private-operational fixed, and broadcast auxiliary radio 
services. They also include the Local Multipoint Distribution Service 
(LMDS), the Digital Electronic Message Service (DEMS), and the 24 GHz 
Service, where licensees can choose between common carrier and non-
common carrier status. At present, there are approximately 31,428 
common carrier fixed licensees and 79,732 private operational-fixed 
licensees and broadcast auxiliary radio licensees in the microwave 
services. There are approximately 120 LMDS licensees, three DEMS 
licensees, and three 24 GHz licensees. The Commission has not yet 
defined a small business with respect to microwave services. For 
purposes of the IRFA, we will use the SBA's definition applicable to 
Wireless Telecommunications Carriers (except satellite)--i.e., an 
entity with no more than 1,500 persons. Under the present and prior 
categories, the SBA has deemed a wireless business to be small if it 
has 1,500 or fewer employees. For the category of ``Wireless 
Telecommunications Carriers (except Satellite),'' Census data for 2007 
show that there were 11,163 firms that operated for the entire year. Of 
this total, 10,791 firms had employment of 999 or fewer employees and 
372 had employment of 1,000 employees or more. Thus, under this 
category and the associated small business size standard, the majority 
of firms can be considered small. We note that the number of firms does 
not necessarily track the number of licensees. We estimate that 
virtually all of the Fixed Microwave licensees (excluding broadcast 
auxiliary licensees) would qualify as small entities under the SBA 
definition.
    28. Open Video Systems. The open video system (``OVS'') framework 
was established in 1996, and is one of four statutorily recognized 
options for the provision of video programming services by local 
exchange carriers. The OVS framework provides opportunities for the 
distribution of video programming other than through cable systems. 
Because OVS operators provide subscription services, OVS falls within 
the SBA small business size standard covering cable services, which is 
``Wired Telecommunications Carriers.'' The SBA has developed a small 
business size standard for this category, which is: All such firms 
having 1,500 or fewer employees. Census data for 2007 shows that there 
were 31,996 establishments that operated that year. Of those 31,996, 
1,818 operated with more than 100 employees, and 30,178 operated with 
fewer than 100 employees. Thus, under this category and the associated 
small business size standard, the majority of such firms can be 
considered small. In addition, we note that the Commission has 
certified some OVS operators, with some now providing service. 
Broadband service providers (``BSPs'') are currently the only 
significant holders of OVS certifications or local OVS franchises. The 
Commission does not have financial or employment information regarding 
the entities authorized to provide OVS, some of which may not yet be 
operational. Thus, at least some of the OVS operators may qualify as 
small entities.
    29. Cable and Other Subscription Programming. The Census Bureau 
defines this category as follows: ``This industry comprises 
establishments primarily engaged in operating studios and facilities 
for the broadcasting of programs on a subscription or fee basis. These 
establishments produce programming in their own facilities or acquire 
programming from external sources. The programming material is usually 
delivered to a third party, such as cable systems or direct-to-home 
satellite systems, for transmission to viewers.'' The SBA has developed 
a small business size standard for this category, which is: All such 
firms having $15 million dollars or less in annual revenues. To gauge 
small business prevalence in the Cable and Other Subscription 
Programming industries, the Commission relies on data currently 
available from the U.S. Census for the year 2007. Census Bureau data 
for 2007 show that there were 659 establishments in this category that 
operated for the entire year. Of that number, 462 operated with annual 
revenues of $9,999,999 million dollars or less, and 197 operated with 
annual revenues of 10 million or more. Thus, under this category and 
associated small business size standard, the majority of firms can be 
considered small.
    30. Small Incumbent Local Exchange Carriers. We have included small 
incumbent local exchange carriers in this present RFA analysis. A 
``small business'' under the RFA is one that, inter alia, meets the 
pertinent small business size standard (e.g., a telephone 
communications business having 1,500 or fewer employees), and ``is not 
dominant in its field of operation.'' The SBA's Office of Advocacy 
contends that, for RFA purposes, small incumbent local exchange 
carriers are not dominant in their field of operation because any such 
dominance is not ``national'' in scope. We have therefore included 
small incumbent local exchange carriers in this RFA analysis, although 
we emphasize that this RFA action has no effect on Commission analyses 
and determinations in other, non-RFA contexts.
    31. Incumbent Local Exchange Carriers (``LECs''). Neither the 
Commission nor the SBA has developed a small business size standard 
specifically for incumbent local exchange services. The appropriate 
size standard under SBA rules is for the category ``Wired 
Telecommunications Carriers.'' Under that size standard, such a 
business is small if it has 1,500 or fewer employees. Census data for 
2007 shows that there were 31,996 establishments that operated that 
year. Of those 31,996, 1,818 operated with more than 100 employees, and 
30,178 operated with fewer than 100 employees. Thus, under this 
category and the associated small business size standard, the majority 
of such firms can be considered small.
    32. Competitive Local Exchange Carriers, Competitive Access 
Providers (CAPs), ``Shared-Tenant Service Providers,'' and ``Other 
Local Service Providers.'' Neither the Commission nor the SBA has 
developed a small business size standard specifically for these service 
providers. The appropriate size standard under SBA rules is for the 
category ``Wired Telecommunications Carriers.'' Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
Census data for 2007 shows that there were 31,996 establishments that 
operated that year. Of those 31,996, 1,818 operated with

[[Page 31806]]

more than 100 employees, and 30,178 operated with fewer than 100 
employees. Thus, under this category and the associated small business 
size standard, the majority of such firms can be considered small. 
Consequently, the Commission estimates that most providers of 
competitive local exchange service, competitive access providers, 
``Shared-Tenant Service Providers,'' and ``Other Local Service 
Providers'' are small entities.
    33. Motion Picture and Video Production. The Census Bureau defines 
this category as follows: ``This industry comprises establishments 
primarily engaged in producing, or producing and distributing motion 
pictures, videos, television programs, or television commercials.'' We 
note that firms in this category may be engaged in various industries, 
including cable programming. Specific figures are not available 
regarding how many of these firms produce and/or distribute programming 
for cable television. The SBA has developed a small business size 
standard for this category, which is: All such firms having $29.5 
million dollars or less in annual revenues. To gauge small business 
prevalence in the Motion Picture and Video Production industries, the 
Commission relies on data currently available from the U.S. Census for 
the year 2007. Census Bureau data for 2007, which now supersede data 
from the 2002 Census, show that there were 9,095 firms in this category 
that operated for the entire year. Of these, 8,995 had annual receipts 
of $24,999,999 or less, and 100 had annual receipts ranging from not 
less than $25,000,000 to $100,000,000 or more. Thus, under this 
category and associated small business size standard, the majority of 
firms can be considered small.
    34. Motion Picture and Video Distribution. The Census Bureau 
defines this category as follows: ``This industry comprises 
establishments primarily engaged in acquiring distribution rights and 
distributing film and video productions to motion picture theaters, 
television networks and stations, and exhibitors.'' We note that firms 
in this category may be engaged in various industries, including cable 
programming. Specific figures are not available regarding how many of 
these firms produce and/or distribute programming for cable television. 
The SBA has developed a small business size standard for this category, 
which is: All such firms having $29.5 million dollars or less in annual 
revenues. To gauge small business prevalence in the Motion Picture and 
Video Distribution industries, the Commission relies on data currently 
available from the U.S. Census for the year 2007. Census Bureau data 
for 2007, which now supersede data from the 2002 Census, show that 
there were 450 firms in this category that operated for the entire 
year. Of these, 434 had annual receipts of $24,999,999 or less, and 16 
had annual receipts ranging from not less than $25,000,000 to 
$100,000,000 or more. Thus, under this category and associated small 
business size standard, the majority of firms can be considered small.
    35. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this category as 
follows: ``This industry comprises establishments primarily engaged in 
manufacturing radio and television broadcast and wireless 
communications equipment. Examples of products made by these 
establishments are: Transmitting and receiving antennas, cable 
television equipment, GPS equipment, pagers, cellular phones, mobile 
communications equipment, and radio and television studio and 
broadcasting equipment.'' The SBA has developed a small business size 
standard for ``Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing,'' which is: All such firms 
having 750 or fewer employees. According to Census Bureau data for 
2007, there were 919 establishments that operated for part or all of 
the entire year. Of those 919 establishments, 771 operated with 99 or 
fewer employees, and 148 operated with 100 or more employees. Thus, 
under that size standard, the majority of establishments can be 
considered small.
    36. Audio and Video Equipment Manufacturing. The SBA has classified 
the manufacturing of audio and video equipment under in NAICS Codes 
classification scheme as an industry in which a manufacturer is small 
if it has less than 750 employees. Data contained in the 2007 Economic 
Census indicate that 491 establishments in this category operated for 
part or all of the entire year. Of those 491 establishments, 456 
operated with 99 or fewer employees, and 35 operated with 100 or more 
employees. Thus, under the applicable size standard, a majority of 
manufacturers of audio and video equipment may be considered small.
4. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities
    37. Certain proposals discussed in the FNPRM would affect 
reporting, recordkeeping, or other compliance requirements.
    38. The FNPRM inquires whether, when an MVPD, as defined in the 
Commission's rules, permits its subscribers to access linear video 
programming that contains emergency information via tablets, laptops, 
personal computers, smartphones, or similar devices, this service is 
covered by the emergency information rules adopted in the Report and 
Order. An MVPD may seek a waiver of the emergency information 
requirements for good cause pursuant to Sec.  1.3 of the Commission's 
rules. An MVPD may also be required to respond to complaints alleging a 
violation of the emergency information rules and the emergency 
information and video description apparatus rules.
    39. The FNPRM also considers whether covered entities should 
provide customer support services that are specifically designed to 
assist consumers who are blind or visually impaired to navigate between 
the main and secondary audio streams. If the Commission adopts rules 
requiring the provision of such customer support services, covered 
entities may be required to keep records. For example, covered entities 
may be required to make available contact information for the receipt 
and handling of immediate emergency information or video description 
complaints or concerns during a program's progress, and for the receipt 
and handling of written emergency information or video description 
complaints that do not raise immediate issues.
5. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered
    40. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\17\
---------------------------------------------------------------------------

    \17\ 5 U.S.C. 603(c)(1) through (c)(4).
---------------------------------------------------------------------------

    41. First, the FNPRM seeks comment on whether an MVPD service is 
covered by the emergency information rules adopted in the Report and 
Order when

[[Page 31807]]

an MVPD, as defined in the Commission's rules, permits its subscribers 
to access linear video programming that contains emergency information 
via tablets, laptops, personal computers, smartphones, or similar 
devices. The FNPRM considers whether there are technological hurdles, 
if any, that will prevent or impede the delivery of the secondary audio 
service on mobile devices and personal computers, and whether 
obligations should be shared between MVPDs and apparatus manufacturers. 
These considerations will allow the Commission to consider the impact 
of the requirements on covered entities, including smaller entities.
    42. Second, the FNPRM seeks comment on whether an MVPD system must 
comply with the video description rules when it permits its subscribers 
to access linear video programming via tablets, laptops, personal 
computers, smartphones, or similar devices. We note that an MVPD is 
exempt from the pass-through requirement under the video description 
rules if it does not have the technical capability necessary to pass 
through the video description. Thus, this exemption is available to 
small entities that will face more than minimal costs to comply with 
the pass-through requirement.
    43. Third, the FNPRM considers whether the Commission should impose 
a requirement that broadcast receivers detect and decode audio streams 
marked for the visually impaired, to ensure that consumers can find and 
locate those streams. The FNPRM considers the steps broadcasters and 
manufacturers would need to take to comply with such a requirement, and 
whether there are any other steps the Commission should take to ensure 
that the content of the secondary audio stream is properly tagged. 
These considerations will allow the Commission to address alternatives 
that can potentially minimize the burden and costs of compliance for 
covered entities, including smaller entities.
    44. Fourth, the FNPRM considers whether the Commission should 
require covered entities to provide customer support services and 
contact information to assist consumers who are blind or visually 
impaired to navigate between the main and secondary audio streams. The 
FNPRM considers alternatives for the provision of customer support 
services, including whether such services should consist of a dedicated 
telephone number, an accessible chat feature on the covered entity's 
Web site, or a different means by which regulated entities should 
provide customer support. The FNPRM also considers whether the 
Commission should require covered entities to make available contact 
information for the receipt and handling of immediate emergency 
information or video description complaints or concerns during a 
program's progress, and for the receipt and handling of written 
emergency information or video description complaints that do not raise 
immediate issues, as in the television closed captioning context, or 
whether it should instead adopt contact information requirements 
comparable to those applicable to the IP closed captioning rules. 
Further, the FNPRM considers whether there other ways by which entities 
subject to the emergency information and apparatus requirements can 
best provide assistance to consumers who are blind or visually impaired 
with accessing the secondary audio stream. These considerations will 
allow the Commission to address alternatives that can potentially 
minimize the burden and costs of compliance for covered entities, 
including smaller entities.
6. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules
    45. None.

B. Paperwork Reduction Act

    46. The FNPRM may result in new or revised information collection 
requirements. If the Commission adopts any new or revised information 
collection requirement, the Commission will publish a notice in the 
Federal Register inviting the public to comment on the requirement, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 
U.S.C. 3501-3520). In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4), the Commission seeks specific comment on how it might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''

C. Ex Parte Rules

    47. Permit-But-Disclose. This proceeding shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b). In proceedings governed by 
Sec.  1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

D. Filing Requirements

    48. Comments and Replies. Pursuant to Sec. Sec.  1.415 and 1.419 of 
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may 
file comments and reply comments on or before the dates indicated on 
the first page of this document. Comments may be filed using the 
Commission's Electronic Comment Filing System (ECFS). See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All

[[Page 31808]]

filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
    49. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW., CY-A257, Washington, DC 
20554. These documents will also be available via ECFS. Documents will 
be available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat.
    50. People With Disabilities. 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 FCC's 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY).

E. Additional Information

    51. For additional information on this proceeding, contact Diana 
Sokolow, [email protected], or Maria Mullarkey, 
[email protected], of the Media Bureau, Policy Division, (202) 
418-2120.

IV. Ordering Clauses

    52. Accordingly, it is ordered that, pursuant to the Twenty-First 
Century Communications and Video Accessibility Act of 2010, Public Law 
111-260, 124 Stat. 2751, and the authority found in 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, this 
Report and Order and Further Notice of Proposed Rulemaking is adopted, 
effective thirty (30) days after the date of publication in the Federal 
Register, except for Sec. Sec.  79.105(a), 79.105(b)(3), and 
79.105(b)(4), and revised Sec.  79.2(c), which shall become effective 
upon announcement in the Federal Register of OMB approval and an 
effective date of the rules.
    53. It is ordered that, pursuant to the Twenty-First Century 
Communications and Video Accessibility Act of 2010, Public Law 111-260, 
124 Stat. 2751, and the authority found in 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, the Commission's 
rules are hereby amended as set forth in Appendix B.
    54. It is further ordered that we delegate authority to the Media 
Bureau and the Consumer and Governmental Affairs Bureau to consider all 
requests for declaratory rulings pursuant to Sec.  1.2 of the 
Commission's rules, 47 CFR 1.2, all waiver requests pursuant to 
Sec. Sec.  1.3 or 79.105(b)(4) of the Commission's rules, 47 CFR 1.3, 
79.105(b)(4), and all informal requests for Commission action pursuant 
to Sec.  1.41 of the Commission's rules, 47 CFR 1.41, filed under these 
rules and pursuant to sections 202 and 203 of the CVAA as discussed 
herein.
    55. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order and Further Notice of Proposed Rulemaking 
in MB Docket No. 12-107, including the Final Regulatory Flexibility 
Analysis and the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.
    56. It is further ordered that the Commission shall send a copy of 
this Report and Order and Further Notice of Proposed Rulemaking in MB 
Docket No. 12-107 in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-11574 Filed 5-23-13; 8:45 am]
BILLING CODE 6712-01-P