[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2607-2609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00782]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 12-108; DA 22-20; FRS ID 67126]


Accessibility Rules for Closed Captioning Display Settings

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: FCC seeks to refresh the record on proposed rules intended to 
enable individuals who are deaf and hard of hearing to fully enjoy 
video programming through closed captioning.

DATES: Comments are due on or before February 17, 2022, and reply 
comments are due on or before March 4, 2022.

ADDRESSES: The full text of this public notice is available 
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat via ECFS 
and at https://www.fcc.gov/document/media-bureau-seeks-refresh-record-closed-captioning-rules. You may submit comments, identified by MB 
Docket No. 12-108, by any of the following methods:
     Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     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.
    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: For further information, contact 
Michael Scurato (202-418-2083; [email protected]).

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Public Notice, DA 22-20, released on January 10, 2022. In 2015, the 
Commission proposed rules that would require manufacturers of covered 
apparatus and multichannel video programming distributors (MVPDs) to 
make closed captioning display settings readily accessible to 
individuals who are deaf and hard of hearing and asked commenters to 
address the Commission's authority to adopt such rules under the 
Television Decoder Circuitry Act of 1990 (TDCA). The comment period 
closed nearly six years ago. To ensure that the Commission has the 
benefit of current information, including any developments relating to 
these issues since the release of the underlying Second Further Notice 
of Proposed Rulemaking (Second Further Notice), 81 FR 5971 (Feb. 4, 
2016), the Media Bureau invites parties to update the record on these 
issues.
    The TDCA amended the Communications Act of 1934, as amended (the 
Act), to require that television receivers contain built-in

[[Page 2608]]

decoder circuitry designed to display closed captioning and to require 
that the Commission's rules provide performance and display standards 
for such built-in decoder circuitry. The Commission subsequently 
adopted such standards for the display of closed captions on digital 
television receivers which allow users to customize the appearance of 
captions by changing the font, size, color, and other features of 
captions.
    The Twenty-First Century Communications and Video Accessibility Act 
of 2010 (CVAA) broadened the application of closed captioning display 
and functionality requirements to additional types of apparatus, beyond 
broadcast television receivers, to include any apparatus designed to 
receive or play back video programming transmitted simultaneously with 
sound. Pursuant to the CVAA, the Commission adopted performance and 
display standards for the broadened category of covered apparatus and 
in particular adopted functional requirements to ensure that consumers 
can modify caption display features on covered apparatus.
    In 2015, the Commission issued the Second Further Notice in this 
docket, seeking comment on proposed rules that would require 
manufacturers and MVPDs to ensure that consumers are able to readily 
access user display settings for closed captioning on covered 
apparatus. Since the Commission last invited comment on these issues, 
consumers and other stakeholders have raised ongoing concerns about 
difficulties consumers faced when attempting to access closed 
captioning display settings across a host of technologies and services.
    Request for Additional Comment. Accordingly, the Media Bureau 
invites all stakeholders to update the record after reviewing the 
specific proposals, underlying analysis, and questions contained in the 
Second Further Notice, as well as the existing record in this 
proceeding. The Second Further Notice presented a host of issues that 
generated substantive discussion, including the Commission's authority 
pursuant to the TDCA to require that closed captioning display settings 
be readily accessible, the means by which the Commission would 
implement a requirement that consumers be able to readily access user 
display settings for closed captioning, and the extent to which section 
303(u)(1) could be a source of authority to impose closed captioning 
requirements to all apparatus, as interpreted consistently with 
Commission precedent. The Second Further Notice further asked which 
entities should be responsible for compliance and, specifically, 
whether both manufacturers and MVPDs should be obligated to facilitate 
the ability of consumers to locate and control closed captioning 
display settings. The Second Further Notice also sought comment on the 
appropriate timeframe for requiring covered entities to ensure that 
closed captioning display settings are made readily accessible to 
consumers. Herein, the Media Bureau specifically seeks updated comment 
on these and other issues posed in the Second Further Notice.
    Commenters are welcome to submit new or additional relevant 
information about the current state of the availability of hardware and 
software solutions designed to facilitate the activation and 
customization of closed captioning, and its ease of use. For example, 
to what extent are manufacturers and MVPDs currently ``making caption 
display settings accessible via mechanisms reasonably comparable to a 
button, key, or icon,'' such as ``a button on the remote or access 
through the first level of a menu,'' as noted in the Second Further 
Notice?
    Initial Regulatory Flexibility Analysis. The Second Further Notice 
included an Initial Regulatory Flexibility Analysis (IRFA) pursuant to 
5 U.S.C. 603, exploring the potential impact on small entities of the 
Commission's proposals. The Media Bureau invites parties to file 
comments on the IRFA in light of this request to refresh the record.
    Filing Requirements. All filings responsive to this Public Notice 
must reference MB Docket No. 12-108. Pursuant to sections 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://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing.
     Filings can be sent 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.
    [cir] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, 
and Priority mail must be addressed to 45 L Street NE, Washington, DC 
20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020).
    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).
    Ex Parte Rules. This proceeding has been designated 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 rule 1.1206(b). In proceedings governed by 
rule 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

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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.

Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2022-00782 Filed 1-14-22; 8:45 am]
BILLING CODE 6712-01-P