[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6725-6727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02116]
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FEDERAL COMMUNICATIONS COMMISSION
[MB Docket No. 12-108; DA 23-66; FR ID 124910]
Closed Captioning Display Settings Proposal
AGENCY: Federal Communications Commission.
ACTION: Notice, request for comments.
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SUMMARY: In this document, the Media Bureau of the Federal
Communications Commission (Commission) seeks comment on a proposal in
the record of this proceeding that when the Commission is determining
whether specific closed captioning display
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settings are readily accessible, it should consider the following
factors: proximity, discoverability, previewability, and consistency
and persistence.
DATES: Comments are due on or before March 3, 2023; reply comments are
due on or before March 20, 2023.
ADDRESSES: You may submit comments, identified by MB Docket No. 12-108,
by any of the following methods:
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.
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).
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Diana Sokolow, [email protected], of the Policy
Division, Media Bureau, (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document, DA 23-66, released on January 24, 2023. The full text of this
document is available electronically in ASCII, Microsoft Word, and/or
Adobe Acrobat via ECFS and at https://www.fcc.gov/document/media-bureau-seeks-comment-captioning-display-settings-proposal.
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.\1\ In
January 2022, the Media Bureau released a public notice seeking to
refresh the record on the proposals contained in the Second Notice of
Proposed Rulemaking (Second FNPRM).\2\ Comments were due February 17,
2022, and reply comments were due March 4, 2022. In response to the
Closed Captioning Display Settings PN, a coalition of consumer groups
proposed that the Commission should require closed captioning display
settings to be proximate, discoverable, previewable, and consistent and
persistent. The Consumer Technology Association (CTA) expressed concern
about the proposed factors, and asserted that further public comment
was necessary. We believe that the Commission would benefit from
further comment in this instance, and accordingly, this public notice
seeks further comment on the 2022 proposal of the Consumer Groups in
their comments to rely on these four factors to evaluate whether closed
captioning display settings are readily accessible.
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\1\ Accessibility of User Interfaces, and Video Programming
Guides and Menus, 81 FR 5971 (Feb. 4, 2016) (Second FNPRM).
\2\ See Accessibility Rules for Closed Captioning Display
Settings, 87 FR 2607 (Jan. 18, 2022) (Closed Captioning Display
Settings PN).
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Interested parties should focus their comments on the specific
issue of whether, if the Commission adopts rules governing the
accessibility of closed captioning display settings, it should consider
the four factors proposed by the Consumer Groups in 2022--proximity,
discoverability, previewability, and consistency and persistence--in
determining whether closed captioning display settings are readily
accessible.\3\ Should the four factors have the meanings the Consumer
Groups proposed in 2022? Should the factors be non-exhaustive, such
that the Commission may consider additional factors as particular
situations warrant? Commenters should provide any other information
relevant to the Commission's determination of how to proceed on this
issue.
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\3\ As proposed by Consumer Groups, ``proximity'' would involve
consideration of the number of steps required to access closed
captioning display settings, as well as whether closed captioning
display settings are available on the same device as the video
programming; ``discoverability'' would involve consideration of
whether it is simple and intuitive for viewers to find closed
captioning display settings; ``previewability'' would involve
consideration of whether viewers can preview the appearance of
closed captions on programming on their screen while changing the
closed captioning display settings; and ``consistency and
persistence'' would involve consideration of whether access to
closed captioning display settings is ``consistent . . . across
devices and video platforms and across different applications on the
same device'' and persistent over time.
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Initial Regulatory Flexibility Analysis. The Second FNPRM 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 for further comment.
Ex Parte Rules. This matter shall continue to be treated 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 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
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themselves with the Commission's ex parte rules.
Filing Requirements. All filings responsive to the public notice
must reference MB Docket No. 12-108. Pursuant to Sec. Sec. 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).
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2023-02116 Filed 1-31-23; 8:45 am]
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