[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Pages 5749-5750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02079]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 11-43; DA 15-18]


National Nonbroadcast Network Rankings for Purposes of July 1, 
2015 Update to Video Description Requirements

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Media Bureau (Bureau) announces the top 
national nonbroadcast networks for the 2013 to 2014 ratings year 
according to data provided by the Nielsen Company for purposes of the 
July 1, 2015 update to the video description requirements. The Bureau 
provides filing instructions for any program network that believes it 
should be excluded from the list of top five networks covered by the 
video description requirements based on an applicable exemption.

DATES: Petitions for exemption may be filed on or before March 5, 2015.

ADDRESSES: Filings should be submitted electronically in MB Docket No. 
11-43 by accessing the Commission's Electronic Comment Filing System 
(ECFS): http://www.fcc.gov/cgb/ecfs/. Filers should follow the 
instructions provided on the Web site for submitting filings.
     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.

FOR FURTHER INFORMATION CONTACT: Maria Mullarkey, 
[email protected], of the Policy Division, Media Bureau, (202) 
418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in MB Docket No. 11-43, DA 15-18, released on January 7, 2015. 
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).

Summary

    The Commission's video description rules require multichannel video 
programming distributor (``MVPD'') systems that serve 50,000 or more 
subscribers to 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.\1\ The top five national 
nonbroadcast networks are defined by an average of the national 
audience share during prime time of nonbroadcast networks that 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.\2\ The nonbroadcast 
networks currently subject to the video description requirements

[[Page 5750]]

are USA, the Disney Channel, TNT, Nickelodeon, and TBS.\3\
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    \1\ 47 CFR 79.3(b)(4). Video description makes video programming 
accessible to individuals who are blind or visually impaired through 
``[t]he insertion of audio narrated descriptions of a television 
program's key visual elements into natural pauses between the 
program's dialogue.'' Id. 79.3(a)(3).
    \2\ Id. 79.3(b)(4). ``Live or near-live programming'' is defined 
as programming performed either simultaneously with, or recorded no 
more than 24 hours prior to, its first transmission by a video 
programming distributor. Id. 79.3(a)(7).
    \3\ Video Description: Implementation of the Twenty-First 
Century Communications and Video Accessibility Act of 2010, Report 
and Order, 26 FCC Rcd 11847, 11854, para. 12 (2011) (``2011 Video 
Description Order'').
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    In accordance with the Commission's rules, the list of top five 
nonbroadcast networks will update at three year intervals to account 
for changes in ratings, and the first update will occur on July 1, 
2015, based on the 2013 to 2014 ratings year.\4\ According to data 
provided by the Nielsen Company, the top ten nonbroadcast networks for 
the 2013 to 2014 ratings year are: USA Network, ESPN, Turner Network 
Television, TBS Network, History, Disney Channel, Fox News Channel, 
Nickelodeon, A&E Network, and FX.\5\
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    \4\ 47 CFR 79.3(b)(4); 2011 Video Description Order, 26 FCC Rcd 
at 11857, para. 18.
    \5\ In determining the top five nonbroadcast networks subject to 
the rules in 2011, the Commission relied on Nielsen's ``live +7 
day'' ratings, which include incremental viewing that takes place 
during the seven days following a telecast. Consistent with this 
approach, we rely on Nielsen's ``live + 7 day'' ratings. The data 
covers the 2013 to 2014 cable ratings year (September 30, 2013 to 
September 28, 2014).
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    If a program network believes it should be excluded from the list 
of top five networks covered by the video description requirements 
because it does not air at least 50 hours of prime time programming 
that is not live or near-live or is otherwise exempt, it must seek an 
exemption no later than 30 days after publication of this Public 
Notice.\6\ Filings should be submitted electronically in MB Docket No. 
11-43 by accessing the Commission's Electronic Comment Filing System 
(ECFS): http://www.fcc.gov/cgb/ecfs/. Filers should follow the 
instructions provided on the Web site for submitting filings. The Media 
Bureau will promptly evaluate requests for exemption and will provide 
notice of any resulting revisions to the list.
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    \6\ See 2011 Video Description Order, 26 FCC Rcd at 11857, para. 
18. In the 2011 Video Description Order, the Commission stated that 
``[t]o the extent a program network that otherwise would appear in 
the list of top five nonbroadcast networks does not air at least 50 
hours of prime time programming that is not exempt, it must seek an 
exemption from the video description requirement no later than 30 
days after publication of the 2013-2014 ratings information by The 
Nielsen Company,'' noting that ``[t]his requirement will ensure that 
the nonbroadcast network replacing it in the top five has ample time 
to come into compliance.'' Id. Although the Order indicates that 
networks must file for exemption 30 days after publication of the 
ratings information, we will allow parties to file for exemption 30 
days after publication of this Public Notice to ensure that all 
parties are evaluating the same ratings data and have the full time 
period to evaluate this data and submit a request for exemption, if 
necessary.

Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
[FR Doc. 2015-02079 Filed 2-2-15; 8:45 am]
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