[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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