[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76832-76834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30190]


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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 February 
18, 2014. 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.

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: 3060-0967.
    Title: Section 79.2, Accessibility of Programming Providing 
Emergency Information, and Emergency Information; Section 79.105, Video 
Description and Emergency Information Accessibility Requirements for 
All Apparatus; Section 79.106, Video Description and Emergency 
Information Accessibility Requirements for Recording Devices.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; individuals or 
households; not-for-profit institutions; and State, local, or tribal 
Governments.
    Number of Respondents and Responses: 640 respondents; 642 
responses.
    Estimated Time per Response: 0.5 to 5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Voluntary. 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: 735 hours.
    Total Annual Cost: $24,150.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information, which is covered under the FCC's updated 
system of records notice (SORN), FCC/CGB-1, ``Informal Complaints and 
Inquiries,'' which became effective on January 25, 2010. The Commission 
believes that it provides sufficient safeguards to protect the privacy 
of individuals who file complaints under 47 CFR 79.2(c).
    Privacy Impact Assessment: The Privacy Impact Assessment (PIA) for 
Informal Complaints and Inquiries 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 to it as a result of revisions to the 
SORN.
    Needs and Uses: On April 9, 2013, the Commission released a Report 
and Order and Further Notice of Proposed Rulemaking, MB Docket Nos. 12-
107, 11-43, FCC 13-45 (the Report and Order) adopting rules 
implementing portions of the Twenty-First Century Communications and 
Video Accessibility Act of 2010 (the CVAA) related to accessible 
emergency information, and apparatus requirements for emergency 
information and video description. These rules are codified at 47 CFR 
79.2, 79.105, and 79.106. Pursuant to Section 202 of the CVAA, the 
Report and Order requires that video programming distributors and video 
programming providers (including program owners) make emergency 
information accessible to individuals who are blind or visually 
impaired by using a secondary audio stream to convey televised 
emergency information aurally, when such information is conveyed 
visually during programming other than newscasts. Pursuant to Section 
203 of the CVAA, the Report and Order requires certain apparatus that 
receive, play back, or record video programming to make available video 
description services and accessible emergency information.

The following rule sections and other requirements contain new and 
revised information collection requirements for which the Commission is 
seeking approval from the Office of Management and Budget (OMB):

    (a) Complaints alleging violations of the emergency information 
rules.
    Section 79.2(c) of the Commission's rules provides that a complaint 
alleging a violation of this section may be transmitted to the Consumer 
and Governmental Affairs Bureau by any reasonable means, such as the 
Commission's online informal complaint filing system, letter, facsimile 
transmission, telephone (voice/TRS/TTY), Internet email, audio-cassette 
recording, and Braille, or some other method that would best 
accommodate the complainant's disability, and that each complaint 
should include: The name of the video programming distributor (VPD) or 
video programming provider (VPP) against whom the complaint is alleged; 
the date and time of the omission of the emergency information; and the 
type of emergency.

[[Page 76833]]

After the Commission receives the complaint, the Commission notifies 
the VPD or VPP of the complaint, and the VPD or VPP has 30 days to 
reply.
    (b) Complaints alleging violations of the apparatus emergency 
information and video description requirements.
    The Report and Order adopts procedures for consumers to file 
complaints alleging violations of the rules containing apparatus 
emergency information and video description requirements, 47 CFR 
79.105-79.106. A complaint filed with the Commission may be transmitted 
to the Consumer and Governmental Affairs Bureau by any reasonable 
means, such as the Commission's online informal complaint filing 
system, letter in writing or Braille, facsimile transmission, telephone 
(voice/TRS/TTY), email, or some other method that would best 
accommodate the complainant's disability. Given that the population 
intended to benefit from the rules adopted will be blind or visually 
impaired, if a complainant calls the Commission for assistance in 
preparing a complaint, Commission staff will document the complaint in 
writing for the consumer. Such complaints should include certain 
information about the complainant and the alleged violation, including:
     The name, postal address, and other contact information, 
such as telephone number or email address, of the complainant;
     The name and contact information, such as postal address, 
of the apparatus manufacturer or provider;
     Information sufficient to identify the software or device 
used to view or to attempt to view video programming with video 
description or emergency information;
     The date or dates on which the complainant purchased, 
acquired, or used, or tried to purchase, acquire, or use the apparatus 
to view video programming with video description or emergency 
information;
     A statement of facts sufficient to show that the 
manufacturer or provider has violated or is violating the Commission's 
rules;
     The specific relief or satisfaction sought by the 
complainant; and
     The complainant's preferred format or method of response 
to the complaint.
    The Commission will forward such complaints, as appropriate, to the 
named manufacturer or provider for its response, 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.
    (c) Requests for Commission determination of technical feasibility 
of emergency information and video description apparatus requirements.
    The requirements of Section 203 of the CVAA pertaining to apparatus 
designed to receive or play back video programming apply only to the 
extent they are ``technically feasible.'' Pursuant to 47 CFR 79.105(a), 
all apparatus that (i) is designed to receive or play back video 
programming transmitted simultaneously with sound that is provided by 
entities subject to 47 CFR 79.2 and 79.3, (ii) is manufactured in the 
United States or imported for use in the United States, and (iii) uses 
a picture screen of any size, must have the capability to decode and 
make available the secondary audio stream if technically feasible. 
Parties may raise technical infeasibility as a defense when faced with 
a complaint alleging a violation of the apparatus requirements adopted 
in the Report and Order or, alternatively, may file a request for a 
ruling under Sec.  1.41 of the Commission's rules as to technical 
infeasibility before manufacturing or importing the product.
    (d) Requests for Commission determination of achievability of 
emergency information and video description apparatus requirements.
    Section 203 provides that apparatus ``that use a picture screen 
that is less than 13 inches in size'' must meet the requirements of 
that section only if ``achievable,'' as that word is defined in Section 
716 of the Communications Act, and also provides that ``apparatus 
designed to record video programming transmitted simultaneously with 
sound'' are only required to comply with the emergency information and 
video description requirements ``if achievable (as defined in section 
716).'' Pursuant to 47 CFR 79.105(b)(3), apparatus that use a picture 
screen of less than 13 inches in size must comply with the provisions 
of this section only if doing so is achievable as defined in this 
section. Further, pursuant to 47 CFR 79.106(a), all apparatus that (i) 
is designed to record video programming transmitted simultaneously with 
sound that is provided by entities subject to 47 CFR 79.2 and 79.3, and 
(ii) is manufactured in the United States or imported for use in the 
United States, must comply with the provisions of this section except 
that apparatus must only do so if it is achievable as defined in Sec.  
79.105(b)(3).
    Manufacturers of apparatus that use a picture screen of less than 
13 inches in size and of recording devices may petition the Commission, 
pursuant to 47 CFR 1.41, for a full or partial exemption from the video 
description and emergency information requirements before manufacturing 
or importing the apparatus. Alternatively, manufacturers may assert 
that a particular apparatus is fully or partially exempt as a response 
to a complaint, which the Commission may dismiss upon a finding that 
the requirements of this section are not achievable. Pursuant to 47 CFR 
79.105(b)(3), such a petition for exemption or a response to a 
complaint must be supported with sufficient evidence to demonstrate 
that compliance with the requirements of this section is not achievable 
(meaning with reasonable effort or expense), and the Commission will 
consider four specific factors when making such a determination. In 
evaluating evidence offered to prove that compliance is not achievable, 
the Commission will be informed by the analysis in the ACS Order.
    (e) Petitions for purpose-based waivers of emergency information 
and video description apparatus requirements.
    Section 203 of the CVAA permits the Commission to waive emergency 
information and video description apparatus requirements for any 
apparatus or class of apparatus that is:
    (a) Primarily designed for activities other than receiving or 
playing back video programming transmitted simultaneously with sound, 
or
    (b) Designed for multiple purposes, capable of receiving or playing 
video programming transmitted simultaneously with sound but whose 
essential utility is derived from other purposes.
    Manufacturers of apparatus may petition the Commission for a full 
or partial purpose-based waiver of the apparatus requirements adopted 
in the Report and Order pursuant to 47 CFR 79.105(b)(4). The Commission 
will address any requests for purpose-based waiver on a case-by-case 
basis, and waivers will be available prospectively for manufacturers 
seeking certainty prior to the sale of a device.
    (f) Submission and review of consumer eligibility information 
pertaining to DIRECTV, LLC's waiver for provision of aural emergency 
information during The Weather Channel's programming.
    In the Report and Order, the Commission grants DIRECTV, LLC 
(DIRECTV) a waiver with respect to the set-top box models on which it 
is not able to implement audio functionality for emergency information, 
but conditions such relief by requiring DIRECTV to provide, upon 
request and

[[Page 76834]]

at no additional cost to customers who are blind or visually impaired, 
a set-top box model that is capable of providing aural emergency 
information. DIRECTV may require reasonable documentation of disability 
as a condition to providing the box at no additional cost. Thus, 
DIRECTV customers who are blind or visually impaired may be required to 
submit reasonable documentation of disability to DIRECTV (e.g., 
documentation from any professional or service provider, such as a 
social worker, with direct knowledge of the individual's disability).

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-30190 Filed 12-18-13; 8:45 am]
BILLING CODE 6712-01-P