[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Pages 7553-7555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02589]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0967; FRS 16471]


Information Collection Being Reviewed by the Federal 
Communications Commission Under Delegated Authority

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA), the Federal 
Communications Commission (FCC or Commission) invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collections. 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 Office of Management and Budget 
(OMB) 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 OMB control number.

DATES: Written comments should be submitted on or before April 10, 
2020. 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 Cathy Williams, FCC, via email 
[email protected] and to [email protected].

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

SUPPLEMENTARY INFORMATION: 
    OMB Control No.: 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 No.: N/A.
    Type of Review: Extension of a currently approved collection.
    Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; and State, local, or tribal 
governments.

[[Page 7554]]

    Number of Respondents and Responses: 61 respondents; 161 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 the 
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: 175 hours.
    Annual Cost Burden: $15,300.
    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, 
Inquiries, and Requests for Dispute Assistance,'' which became 
effective on September 24, 2014. The Commission believes that it 
provides sufficient safeguards to protect the privacy of individuals 
who file complaints alleging violations of the Commission's televised 
emergency information rules, 47 CFR 79.2, and complaints alleging 
violations of the apparatus emergency information and video description 
requirements, 47 CFR 79.105-79.106.
    Privacy Act Impact Assessment: The Privacy Impact Assessment (PIA) 
for Informal Complaints, Inquiries, and Requests for Dispute Assistance 
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: In 2000, the Commission adopted rules to require 
video programming distributors (VPDs) to make emergency information 
provided in the audio portion of the programming accessible to viewers 
who have hearing disabilities. Second Report and Order, MM Docket No. 
95-176, FCC 00-136. Later that year, to ensure that televised emergency 
information is accessible to viewers who are blind or visually 
impaired, the Commission modified its rules to require VPDs to make 
emergency information audible when provided in the video portion of a 
regularly scheduled newscast or a newscast that interrupts regular 
programming, and to provide an aural tone when emergency information is 
provided visually during regular programming (e.g., through screen 
crawls or scrolls). Report and Order, MM Docket No. 99-339, FCC 00-258.
    In 2013, the Commission adopted rules related to accessible 
emergency information and apparatus requirements for emergency 
information and video description. Report and Order and Further Notice 
of Proposed Rulemaking, MB Docket Nos. 12-107 and 11-43, FCC 13-45. 
Specifically, the Commission's rules require that VPDs and video 
programming providers (VPPs) (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. The Commission's 
rules also require certain apparatus that receive, play back, or record 
video programming to make available video description services and 
accessible emergency information.
    Finally, in 2015, the Commission adopted rules to require the 
following: (1) Apparatus manufacturers must provide a mechanism that is 
simple and easy to use for activating the secondary audio stream to 
access audible emergency information; and (2) starting no later than 
July 10, 2017, multichannel video programming distributors (MVPDs) must 
pass through the secondary audio stream containing audible emergency 
information when it is provided on linear programming accessed on 
second screen devices (e.g., tablets, smartphones, laptops and similar 
devices) over their networks as part of their MVPD services. Second 
Report and Order and Second Further Notice of Proposed Rulemaking, MB 
Docket No. 12-107, FCC 15-56.
    These rules are codified at 47 CFR 79.2, 79.105, and 79.106.

Information Collection Requirements

    (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 Sec.  79.2 of its rules, 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, Braille, or some other method that 
would best accommodate the complainant's disability. 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.
    Complaints alleging violations of the rules containing apparatus 
emergency information and video description requirements, 47 CFR 
79.105-79.106, 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. 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 pertaining to apparatus designed to receive or 
play back video programming apply only to the extent they are 
``technically feasible.'' Parties may raise technical infeasibility as 
a defense when faced with a complaint alleging a violation of the 
apparatus requirements or they may file a request for a ruling under 
section[thinsp]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.
    The requirements pertaining to certain apparatus designed to 
receive, play back, or record video programming apply only to the 
extent they are achievable. 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

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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. A petition for 
exemption or a response to a complaint must be supported with 
sufficient evidence to demonstrate that compliance with the 
requirements is not achievable (meaning with reasonable effort or 
expense), and the Commission will consider four specific factors when 
making such a determination.
    (e) Petitions for purpose-based waivers of emergency information 
and video description apparatus requirements.
    The Commission may 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. The Commission 
will address any requests for a 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 (DIRECTV's) waiver for provision of aural 
emergency information during The Weather Channel's programming.
    The Commission granted 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 conditioned such relief by requiring DIRECTV 
to provide, upon request and 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 customers 
who are blind or visually impaired to submit reasonable documentation 
of disability to DIRECTV as a condition to providing the box at no 
additional cost.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020-02589 Filed 2-7-20; 8:45 am]
 BILLING CODE 6712-01-P