[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Rules and Regulations]
[Pages 51013-51014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16870]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[CG Docket No. 05-231; FCC 16-17; FRS 41603]


Closed Captioning of Video Programming; Telecommunications for 
the Deaf and Hard of Hearing Inc. Petition for Rulemaking

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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SUMMARY: This document corrects the final rules portion of a Federal 
Register document published on August 23, 2016. That Federal Register 
document inadvertently removed existing rules requiring video 
programming distributors to exercise best efforts to obtain 
certifications of compliance from video programmers and requiring video 
programmers adopting Best Practices to certify to video programming 
distributors regarding adherence to Best Practices and to make those 
certifications widely available. That Federal Register document also 
prematurely amended rules to require video programmer registration and 
certification of compliance.

DATES: 
    Effective date: Effective on September 14, 2021.
    Compliance date: The compliance date of section Sec.  79.1(m) is 
stayed indefinitely. The Commission will publish a document in the 
Federal Register announcing the new compliance date.

ADDRESSES: Federal Communications Commission, 445 12th Street SW, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Michael Scott, Consumer and 
Governmental Affairs Bureau, (202) 418-1264, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This document corrects the final rules 
document published at 81 FR 57473, August 23, 2016.

List of Subjects in 47 CFR Part 79

    Cable television operators, Communications equipment, Multichannel 
video programming distributors (MVPDs), Satellite television service 
providers.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Final Rules

    Accordingly, 47 CFR part 79 is corrected by making the following 
correcting amendments:

PART 79--CLOSED CAPTIONING AND VIDEO DESCRIPTION OF VIDEO 
PROGRAMMING

0
1. The authority citation for part 79 continues to read as follows:

    Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 
330, 554a, 613, 617.

0
2. Amend Sec.  79.1 by
0
a. Revising paragraph (i)(3);
0
b. Adding paragraph (j)(1);
0
c. Revising paragraphs (k)(1)(iv) and (m)(1) introductory text; and
0
d. Adding paragraph (m)(5).
    The additions and revisions read as follows:


Sec.  79.1  Closed captioning of televised video programming.

* * * * *
    (i) * * *
    (3) Providing contact information to the Commission. (i) Prior to 
the compliance date of paragraph (m) of this section, video programming 
distributors shall file the contact information described in this 
section with the Commission in one of the following ways: through a web 
form located on the FCC website; with the Chief of the Disability 
Rights Office, Consumer and Governmental Affairs Bureau; or by sending 
an email to [email protected]. Contact information shall be 
available to consumers on the FCC website or by telephone inquiry to 
the Commission's Consumer Center. Distributors shall notify the 
Commission each time there is a change in any of this required 
information within 10 business days.
    (ii) As of the compliance date of paragraph (m) of this section, 
video programming distributors and video programmers shall file contact 
information with the Commission through a web form located on the 
Commission's website. Such contact information shall include the name 
of a person with primary responsibility for captioning issues and 
ensuring compliance with the Commission's rules. In addition, such 
contact information shall include the person's title or office, 
telephone number, fax number (if the video programming distributor or 
video programmer has a fax number), postal mailing address, and email 
address. Contact information shall be available to consumers on the 
Commission's website or by telephone inquiry to the Commission's 
Consumer Center. Video programming distributors and video programmers 
shall notify the Commission each time there is a change in any of this 
required information within ten (10) business days.
    (j) * * *
    (1)(i) Prior to the compliance date of paragraph (m) of this 
section, a video programming distributor shall exercise best efforts to 
obtain a certification from each video programmer from which the 
distributor obtains programming stating:
    (A) Tat the video programmer's programming satisfies the caption 
quality standards of paragraph (j)(2) of this section;
    (B) That in the ordinary course of business, the video programmer 
has

[[Page 51014]]

adopted and follows the Best Practices set forth in paragraph (k)(1) of 
this section; or
    (C) That the video programmer is exempt from the closed captioning 
rules under one or more properly attained exemptions.
    (ii) For programmers certifying exemption from the closed 
captioning rules, the video programming distributor must obtain a 
certification from the programmer that specifies the exact exemption 
that the programmer is claiming. Video programming distributors may 
satisfy their best efforts obligation by locating a programmer's 
certification on the programmer's website or other widely available 
locations used for the purpose of posting widely available 
certifications. If a video programming distributor is unable to locate 
such certification on the programmer's website or other widely 
available location used for the purpose of posting such certification, 
the video programming distributor must inform the video programmer in 
writing that it must make widely available such certification within 30 
days after receiving the written request. If a video programmer does 
not make such certification widely available within 30 days after 
receiving a written request, the video programming distributor shall 
promptly submit a report to the Commission identifying such non-
certifying video programmer for the purpose of being placed in a 
publicly available database. A video programming distributor that meets 
each of the requirements of this paragraph shall not be liable for 
violations of paragraphs (j)(2) and (3) of this section to the extent 
that any such violations are outside the control of the video 
programming distributor. Compliance with this paragraph (j)(1) shall 
not be required as of the compliance date of paragraph (m) of this 
section. The Commission will publish a document in the Federal Register 
announcing that compliance date and revising this paragraph 
accordingly.
* * * * *
    (k) * * * (1) * * *
    (iv) Certification procedures for video programmers. Video 
programmers adopting Best Practices will take one of the following 
actions to certify that they adhere to Best Practices for video 
programmers.
    (A) Prior to the compliance date of paragraph (m) of this section, 
video programmers adopting Best Practices will certify to video 
programming distributors that they adhere to Best Practices for video 
programmers and will make such certifications widely available to video 
programming distributors, for example, by posting on affiliate 
websites.
    (B) As of the compliance date of paragraph (m) of this section, 
video programmers adopting Best Practices will certify to the 
Commission that they adhere to Best Practices for video programmers, in 
accordance with paragraph (m) of this section.
* * * * *
    (m) * * *
    (1) On or before the compliance date, or prior to the first time a 
video programmer that has not previously provided video programming 
shown on television provides video programming for television for the 
first time, whichever is later, and on or before July 1 of each year 
thereafter, each video programmer shall submit a certification to the 
Commission through a web form located on the Commission's website 
stating that:
* * * * *
    (5) Compliance with paragraphs (m)(1) through (4) of this section 
is not required until the Commission publishes a document in the 
Federal Register announcing the compliance date and revising this 
paragraph accordingly.
* * * * *
[FR Doc. 2021-16870 Filed 9-13-21; 8:45 am]
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