[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18505-18509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06527]



[[Page 18505]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[MB Docket No. 11-43; FCC 23-20; FR ID 133388]


Video Description: Implementation of the Twenty-First Century 
Communications and Video Accessibility Act of 2010

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes to expand its 
support for individuals who are blind or visually impaired and ensure 
they have nationwide access to video programming by expanding its audio 
description requirements to additional market areas. Specifically, the 
Commission proposes to phase in an additional 10 designated market 
areas each year until audio description is available in all such market 
areas.

DATES: Comments are due on or before April 28, 2023; reply comments are 
due on or before May 15, 2023.

ADDRESSES: You may submit comments, identified by MB Docket No. 11-43, 
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 
Further Notice of Proposed Rulemaking, FCC 23-20, adopted on March 16, 
2023 and released on March 17, 2023. The full text of this document is 
available on the FCC's website at https://docs.fcc.gov/public/attachments/FCC-23-20A1.pdf or electronically in ASCII, Microsoft Word, 
and/or Adobe Acrobat via ECFS.

Synopsis

    1. In the Further Notice of Proposed Rulemaking (FNPRM), the 
Commission proposes to expand its support for individuals who are blind 
or visually impaired and ensure they have nationwide access to video 
programming by expanding its audio description requirements to 
additional market areas. Consistent with the Twenty-First Century 
Communications and Video Accessibility Act of 2010 (CVAA), we propose 
to phase in an additional 10 designated market areas (DMAs) each year 
until audio description is available in all such market areas. The 
proposed expansion would help ensure that a greater number of 
individuals who are blind or visually impaired can be connected, 
informed, and entertained by television programming.
    2. Audio description makes video programming more accessible to 
individuals who are blind or visually impaired through ``[t]he 
insertion of audio narrated descriptions of a television program's key 
visual elements into natural pauses between the program's dialogue.'' 
\1\ The Commission's audio description rules currently require certain 
television broadcast stations and multichannel video programming 
distributors (MVPDs) to provide audio description for a portion of the 
video programming they distribute to consumers. Audio description is 
required in DMAs 1 through 60, pursuant to an order adopted by the 
Commission in 2011. In 2020, the Commission expanded the audio 
description requirements to DMAs 61 through 100 on a phased schedule 
that will be complete on January 1, 2024. In that Order, the Commission 
also committed to determining in 2023 whether to continue expanding the 
audio description requirements to an additional 10 DMAs per year. There 
are currently a total of 210 DMAs. Through this FNPRM, we seek comment 
on our proposal to expand the audio description requirements using a 
phased schedule until all DMAs are covered by the audio description 
rules. In particular, we seek comment on whether the costs associated 
with expansion beyond DMA 100 are reasonable and whether the consumer 
need for expansion outweighs such costs, including whether there are 
any unique circumstances applicable to these smaller markets from DMA 
101 through DMA 210 that the Commission should consider. We also seek 
comment on what rules, procedures, or schedule adjustment the 
Commission could consider to balance or minimize such costs against the 
consumer benefits of providing nationwide audio description.
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    \1\ See 47 CFR 79.3(a)(3). Audio description is typically 
provided through the use of a secondary audio stream, which allows 
the consumer to choose whether to hear the narration by switching 
from the main program audio to the secondary audio.
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    3. As required by section 202 of the CVAA, the Commission adopted 
rules in 2011 requiring certain television broadcast stations and MVPDs 
to provide audio description for a portion of the video programming 
that they offer to consumers on television. The current audio 
description rules require commercial television broadcast stations that 
are affiliated with one of the top four commercial television broadcast 
networks (ABC, CBS, Fox, and NBC) and are located in the top television 
markets to provide 50 hours of audio-described programming per calendar 
quarter during prime time or on children's programming, as well as an 
additional 37.5 hours of audio-described programming per calendar 
quarter at any time between 6 a.m. and 11:59 p.m.\2\
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    \2\ 47 CFR 79.3(b)(1). The rules also require ``[t]elevision 
broadcast stations that are affiliated or otherwise associated with 
any television network [to] pass through audio description when the 
network provides audio description and the broadcast station has the 
technical capability necessary to pass through the audio 
description, unless it is using the technology used to provide audio 
description for another purpose related to the programming that 
would conflict with providing the audio description.'' Id. 
79.3(b)(3).
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    4. The CVAA directed the Commission to submit two reports to 
Congress related to audio description, and the second such report is 
relevant to this FNPRM. In the Second Report,

[[Page 18506]]

the CVAA required the Commission to assess, among other topics, ``the 
potential costs to program owners, providers, and distributors in 
[DMAs] outside of the top 60 of creating [audio-described] 
programming'' and ``the need for additional described programming in 
[DMAs] outside the top 60.'' \3\ The Bureau submitted the Second Report 
to Congress in October 2019, describing the consumer desire for 
application of the audio description rules outside the top 60 DMAs but 
stating that commenters did not offer ``detailed or conclusive 
information'' as to the costs of such an expansion or a station's 
ability to bear those costs. It thus deferred issuing a determination 
regarding whether any costs associated with the expansion would be 
reasonable, explaining that, ``[s]hould the Commission seek to expand 
the [audio] description requirements to DMAs outside the top 60, it 
will need to utilize the information contained in this Second Report, 
and any further information available to it at the time, to determine 
that `the costs of implementing the [audio] description regulations to 
program owners, providers, and distributors in those additional markets 
are reasonable.' '' \4\
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    \3\ 47 U.S.C. 613(f)(4)(C)(iii)(IV), (VII).
    \4\ Second Report at paragraph 28 (quoting 47 U.S.C. 
613(f)(4)(C)(iv)(I)).
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    5. The CVAA provides the Commission with authority ``to phase in 
the [audio] description regulations for up to an additional 10 [DMAs] 
each year,'' ``based upon the findings, conclusions, and 
recommendations contained in the [Second Report],'' ``(I) if the costs 
of implementing the [audio] description regulations to program owners, 
providers, and distributors in those additional markets are reasonable, 
as determined by the Commission; and (II) except that the Commission 
may grant waivers to entities in specific [DMAs] where it deems 
appropriate.'' \5\ Exercising this authority, the Commission adopted a 
phased expansion of the audio description rules, finding that the costs 
of the expansion to DMAs 61 through 100 are reasonable for program 
owners, providers, and distributors. The audio description requirements 
extended to DMAs 61 through 70 on January 1, 2021, to DMAs 71 through 
80 on January 1, 2022, and to DMAs 81 through 90 on January 1, 2023. 
The requirements will extend to DMAs 91 through 100 on January 1, 2024. 
Thus far, the timetable for the phased expansion has been successful, 
with no requests for relief under either the rule governing exemptions 
due to economic burden or the more general waiver rule.
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    \5\ 47 U.S.C. 613(f)(4)(C)(iv).
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    6. The 2020 Audio Description Order also indicated that the 
Commission would consider in 2023 whether to continue expanding the 
audio description requirements to an additional 10 DMAs per year, after 
assessing the reasonableness of the associated costs. The Commission 
explained that deferring a determination on the application of the 
audio description rules beyond DMA 100 ``will best enable us to 
consider the unique circumstances that may be applicable'' to the 
smallest markets, and provides ``the additional benefit of . . . any 
additional information gleaned from [the] practical experience'' of 
expansion beyond DMA 60.
    7. Consistent with the CVAA, we propose to continue phasing in the 
audio description requirements for an additional 10 DMAs each year 
until all 210 DMAs are covered, and we invite comment on this proposal. 
Specifically, we invite comment on whether the costs of implementing 
the audio description regulations in markets 101 through 210 are 
reasonable.
    8. We seek comment on the benefits of expanding the audio 
description requirements to DMAs 101 through 210. The Second Report 
indicated that consumers seek expansion of the audio description 
requirements to additional DMAs, and we believe that even in the 
smallest DMAs, our proposal will provide significant benefits to 
consumers who are blind or visually impaired. As the Commission has 
previously stated, ``[i]t is indisputable that [audio] description 
enhances the accessibility of video programming to consumers who are 
blind or visually impaired.'' In addition to the benefits for consumers 
who are blind or visually impaired, when the Commission expanded the 
audio description requirements to DMAs 61 through 100, it found that 
``consumers who are not blind or visually impaired and live in those 
markets also would benefit from the expansion, such as consumers with 
other sensory or cognitive impairments, individuals learning the 
language, and those who listen to video programming while 
multitasking.'' We invite comment on the benefits of the proposed 
expansion to consumers in DMAs 101 through 210. Commenters should 
provide specific data on the amount of audio-described programming 
currently available in DMAs 101 through 210, including comparing that 
data to the amount that would be available if the Commission were to 
expand the audio description requirements to such DMAs. We also invite 
commenters to discuss any other benefits of the proposed expansion.
    9. We also seek comment on the costs of expanding the audio 
description requirements to DMAs 101 through 210. Specifically, the 
CVAA permits the Commission to extend the audio description 
requirements to additional DMAs ``if the costs of implementing the 
[audio] description regulations to program owners, providers, and 
distributors in those additional markets are reasonable, as determined 
by the Commission.'' When the Commission extended the audio description 
requirements to DMAs 61 through 100, it concluded that the costs of 
compliance were reasonable. We thus ask commenters to discuss whether 
the Commission's analysis in 2020 for DMAs 61-100 similarly applies 
today to DMAs 101 through 210. Specifically, have the costs of adding 
audio description to television programming, which held steady between 
2017 and 2020, remained steady today? We encourage commenters to 
provide figures demonstrating the estimated costs of complying with the 
audio description regulations for program owners, providers, and 
distributors in DMAs 101 through 210.
    10. We anticipate that any cost caused by application of the audio 
description requirements to additional DMAs will be minimized because 
covered broadcasters are already required to have the equipment and 
infrastructure needed to deliver a secondary audio stream for purposes 
of the emergency information requirements, without exception for 
technical capability or market size.\6\ In addition, we anticipate that 
any such cost will be further minimized because network affiliates in 
all DMAs are already required to pass through the audio description 
they receive via a network feed, provided the station has the necessary 
technical capability and is not using the technology used to provide 
audio description for another purpose related to the programming that 
would conflict with providing the audio description. We seek comment on 
this analysis. How many broadcasters in DMAs 101 through 210 currently 
lack the equipment or infrastructure needed to deliver a secondary 
audio stream, and would the costs of implementing such

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equipment or infrastructure be minimal? To the extent any broadcasters 
that currently lack the necessary equipment or infrastructure believe 
that the implementation costs would be significant, could this best be 
addressed through the existing process for exemptions due to economic 
burden?
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    \6\ The Commission's audio description rules define a video 
programming provider to include any video programming distributor, 
and the rules define a video programming distributor to include any 
Commission-licensed television broadcast station. 47 CFR 79.3(a)(2), 
(5). Accordingly, television broadcasters clearly fall within the 
statutory reference to program providers and distributors. 47 U.S.C. 
613(f)(4)(C)(iv).
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    11. As an alternative to expanding the audio description 
requirements to all DMAs 101 through 210, should the Commission 
consider phasing in a smaller subset of DMAs? If so, what would be the 
appropriate cutoff? Is there a certain DMA beyond which expansion of 
the audio description requirements would create unreasonable costs? 
Would this limitation mitigate the cost of expanding the audio 
description requirements? Should the Commission consider expanding to a 
smaller number of DMAs, such as five DMAs per year, in recognition of 
the fact that the markets are smaller? If so, why and what factors 
would support such a modification of the phased schedule? Would such 
modifications of the schedule mitigate the potential costs or burden of 
our proposal?
    12. We invite comment on any other issues relevant to our analysis 
of the costs of creating audio-described programming in DMAs 101 
through 210. For example, when the Commission expanded the audio 
description requirements to DMAs 61 through 100, it ``sought comment on 
several additional issues related to analyzing the costs, including 
information on the differing costs faced by network affiliates that 
receive programming via a network feed as compared to other network 
affiliates; whether there are any network affiliates in any DMA that do 
not receive programming via a network feed; whether network affiliated 
stations in markets 61 through 100 would be able to satisfy the audio 
description requirements entirely by using the programming they receive 
via a network feed; and whether there are differing costs incurred by 
stations owned by large station group owners as compared to smaller 
station group owners or single stations.'' However, commenters did not 
address these issues in the record at that time. To the extent any such 
issues are relevant to our proposed extension of the audio description 
requirements to DMAs 101 through 210, we invite comment.
    13. If the Commission determines that the costs of implementing the 
audio description regulations to program owners, providers, and 
distributors in DMAs 101 through 210 are ``reasonable,'' we invite 
comment on the compliance deadline for the expansion. In 2020, the 
Commission adopted an audio description phase-in that will conclude 
with DMAs 91 through 100 on January 1, 2024. Accordingly we propose to 
continue the phase-in with DMAs 101 through 110 on January 1, 2025, 
extending to 10 additional DMAs per year until the phase-in concludes 
with DMAs 201 through 210 on January 1, 2035, consistent with the 
expansion allowable under the CVAA. We invite comment on whether this 
approach, which provides the smallest DMAs with the longest timeframe 
for compliance, provides entities with sufficient time for compliance.
    14. We seek comment on whether any extension of the rules to 
additional DMAs should be based on an updated Nielsen determination, 
consistent with Commission precedent and the CVAA, or whether we should 
consider other metrics. When the Commission expanded the application of 
the rules from the top 25 to the top 60 markets beginning on July 1, 
2015, it did so based on updated Nielsen DMA ratings as of January 1, 
2015. Similarly, when the Commission again expanded the application of 
the rules to the top 100 markets beginning January 1, 2021, it did so 
based on updated Nielsen DMA ratings as of January 1, 2020. We propose 
to now update our audio description rules to base the phased expansion 
as well as the current requirements on updated Nielsen DMA ratings as 
of January 1, 2023, and we invite comment on this proposal. We note 
that television broadcast stations in the top 90 markets are subject to 
the audio description requirements today. If we utilize updated Nielsen 
figures, what should be the compliance deadline for stations in a DMA 
that was not in the top 90 markets as of January 1, 2020, but is within 
the top 90 markets as of January 1, 2023? In the 2020 Audio Description 
Order, we provided that stations in a DMA that was not in the top 60 
markets as of January 1, 2015, but was within the top 60 markets as of 
January 1, 2020, must come into compliance with the audio description 
rules by the compliance deadline for DMAs 61 through 70. Similarly, 
should we require here that any such station come into compliance with 
the audio description rules by the next phased compliance deadline, 
which will be the January 1, 2024 deadline applicable to DMAs 91 
through 100? Should that next phased compliance deadline be based on 
the updated Nielsen DMA rankings, in addition to any subsequent 
compliance deadlines that we adopt as a result of this FNPRM? As in 
2020, we expect that ``using updated Nielsen data will facilitate the 
efficient roll out of audio description obligations to more television 
households,'' and we invite comment on this analysis.
    15. If the Commission expands the audio description rules to 
additional DMAs, we propose that Sec.  79.3(d) of our rules will govern 
any petitions for exemption due to economic burden. The audio 
description rules permit covered entities to petition the Commission 
for a full or partial exemption from the requirements upon a showing 
that the requirements are economically burdensome.\7\ Although we 
propose that Sec.  79.3(d) will continue to apply to instances in which 
an entity seeks to demonstrate that the extension to additional DMAs is 
economically burdensome, we recognize that the CVAA also provides that 
if an expansion of the audio description rules to additional DMAs 
occurs, ``the Commission may grant waivers to entities in specific 
[DMAs] where it deems appropriate.'' Section 1.3 of the Commission's 
rules governs waivers of the Commission's rules generally. Accordingly, 
to the extent a broadcaster subject to the extension believes it needs 
relief due to some reason other than economic burden, we propose that 
it may seek a waiver under Sec.  1.3. We tentatively conclude that 
Sec. Sec.  79.3(d) and 1.3 provide a sufficient mechanism for entities 
seeking relief from any expansion of the audio description rules to 
additional DMAs, and we invite comment on this conclusion.\8\
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    \7\ See 47 CFR 79.3(d). The term ``economically burdensome'' 
means imposing significant difficulty or expense, and the Commission 
considers the following factors in determining whether the 
requirements for audio description would be economically burdensome: 
(i) the nature and cost of providing audio description of the 
programming; (ii) the impact on the operation of the video 
programming provider; (iii) the financial resources of the video 
programming provider; and (iv) the type of operations of the video 
programming provider. Id. 79.3(d)(2)(i) through (iv). In addition, 
the Commission considers any other factors the petitioner deems 
relevant to the determination and any available alternative that 
might constitute a reasonable substitute for the audio description 
requirements, and it evaluates economic burden with regard to the 
individual outlet. Id. 79.3(d)(3). In the first audio description 
report that the Commission submitted to Congress in accordance with 
the CVAA, the Media Bureau stated its belief ``that the ability to 
seek an exemption on the basis of economic burden should alleviate 
the potential for undue cost burdens on covered entities, 
particularly when the rules go into effect for broadcast stations in 
television markets ranked 26 through 60 in 2015.''
    \8\ We note additionally that we have not received any requests 
for relief under either Sec.  79.3(d) or Sec.  1.3 resulting from 
the expansion to DMAs 61 through 100.
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    16. We seek information on whether there is additional information 
garnered from the practical experience of expanding to DMAs 61 through 
100 that may inform our decision on whether to

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expand our requirements to DMAs 101 through 210. We also seek comment 
on whether there are any other issues with respect to our proposal to 
extend the audio description rules to additional DMAs of which we 
should be aware.
    17. Digital Equity and Inclusion. Finally, the Commission, as part 
of its continuing effort to advance digital equity for all,\9\ 
including people of color, persons with disabilities, persons who live 
in rural or Tribal areas, and others who are or have been historically 
underserved, marginalized, or adversely affected by persistent poverty 
or inequality, invites comment on any equity-related considerations 
\10\ and benefits (if any) that may be associated with the proposals 
and issues discussed herein. Specifically, we seek comment on how our 
proposals may promote or inhibit advances in diversity, equity, 
inclusion, and accessibility, as well the scope of the Commission's 
relevant legal authority.
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    \9\ Section 1 of the Communications Act of 1934 as amended 
provides that the FCC ``regulat[es] interstate and foreign commerce 
in communication by wire and radio so as to make [such service] 
available, so far as possible, to all the people of the United 
States, without discrimination on the basis of race, color, 
religion, national origin, or sex.'' 47 U.S.C. 151.
    \10\ The term ``equity'' is used here consistent with Executive 
Order 13985 as the consistent and systematic fair, just, and 
impartial treatment of all individuals, including individuals who 
belong to underserved communities that have been denied such 
treatment, such as Black, Latino, and Indigenous and Native American 
persons, Asian Americans and Pacific Islanders and other persons of 
color; members of religious minorities; lesbian, gay, bisexual, 
transgender, and queer (LGBTQ+) persons; persons with disabilities; 
persons who live in rural areas; and persons otherwise adversely 
affected by persistent poverty or inequality. See Exec. Order No. 
13985, 86 FR 7009, Executive Order on Advancing Racial Equity and 
Support for Underserved Communities Through the Federal Government 
(January 20, 2021).
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    18. Initial Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act of 1980, as amended (RFA), the Commission 
has prepared an Initial Regulatory Flexibility Analysis (IRFA) 
concerning the possible significant economic impact on small entities 
by the policies and rules proposed in the Further Notice of Proposed 
Rulemaking (FNPRM). Written public comments are requested on the IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments indicated on the first page of the FNPRM. 
The Commission will send a copy of the FNPRM, including the IRFA, to 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA). In summary, the FNPRM proposes to expand the Commission's 
support for individuals who are blind or visually impaired and ensure 
they have nationwide access to video programming by expanding the 
Commission's audio description requirements to additional market areas. 
Consistent with the CVAA, the Commission proposes to phase in an 
additional 10 DMAs each year until audio description is available in 
all such market areas. There are currently 210 DMAs. The proposed 
expansion would help ensure that a greater number of individuals who 
are blind or visually impaired can be connected, informed, and 
entertained by television programming. The proposed action is 
authorized pursuant to the Twenty-First Century Communications and 
Video Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751, 
and section 713 of the Communications Act of 1934, as amended, 47 
U.S.C. 613. The types of small entities that may be affected by the 
proposals contained in the FNPRM fall within the following categories: 
Television Broadcasting, Wired Telecommunications Carriers, Cable and 
Other Subscription Programming, Cable Companies and Systems (Rate 
Regulation), Cable System Operators (Telecom Act Standard), and Direct 
Broadcast Satellite (DBS) Service.
    19. The projected reporting, recordkeeping, and other compliance 
requirements are as follows. The FNPRM proposes phasing in the existing 
audio description requirements for an additional 10 DMAs each year, 
beginning with DMAs 101 through 110 on January 1, 2025 and continuing 
until all 210 DMAs are covered, which will be on January 1, 2035. The 
substance of the audio description requirements would not change, but 
rather, this would be an expansion of the DMAs in which broadcast 
television stations are required to comply with the requirements. In 
determining the deadline applicable to each DMA, the FNPRM proposes 
that the Commission should base the extension on an updated Nielsen 
determination. Finally, if the Commission expands the audio description 
requirements to additional DMAs, the FNPRM proposes that Sec.  79.3(d) 
of the Commission's rules will govern any petitions for exemption due 
to economic burden, and the FNPRM also states that Sec.  1.3 of the 
Commission's rules governs waivers of the Commission's rules generally. 
There is no overlap with other regulations or laws.
    20. The FNPRM focuses on engaging in a cost-benefit analysis to 
determine the effects the expansion would have. It invites comment on 
whether the costs of implementing the audio description regulations in 
markets 101 through 210 are reasonable. The FNPRM explains that we 
anticipate any cost would be minimized because covered broadcasters are 
already required to have the equipment and infrastructure needed to 
deliver a secondary audio stream for purposes of the emergency 
information requirements, without exception for technical capability or 
market size. In addition, it states that we anticipate that any cost 
would be further minimized because network affiliates in all DMAs are 
already required to pass through the audio description they receive via 
a network feed, provided the station has the necessary technical 
capability and is not using the technology used to provide audio 
description for another purpose related to the programming that would 
conflict with providing the audio description. The FNPRM states that 
even in the smallest DMAs, the Commission believes that the proposal 
will provide significant benefits to consumers who are blind or 
visually impaired. Comments on the FNPRM will help us evaluate the 
benefits and costs of the proposed expansion and whether the costs 
would be reasonable. The Commission has attempted to minimize the 
impact of the rules on small entities, and it invites comment on 
alternative approaches.
    21. Paperwork Reduction Act. This document does not contain 
proposed information collection(s) subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13.\11\ In addition, therefore, it 
does not contain any proposed new or modified information collection 
burden for small business concerns with fewer than 25 employees, 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4).
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    \11\ If the Commission adopts its proposal to extend the audio 
description requirements to additional DMAs, it will file a non-
substantive modification to the information collection that contains 
Sec.  79.3 (OMB 3060-1148) to clarify that the audio description 
requirements have been extended to additional DMAs.
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    22. Ex Parte Rules--Permit-But-Disclose. This proceeding shall be 
treated as a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules.\12\ 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

[[Page 18509]]

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 themselves with the Commission's ex parte rules.
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    \12\ 47 CFR 1.1200 et seq.
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    23. Filing Requirements--Comments and Replies. 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).
    24. The proposed action is authorized pursuant to the Twenty-First 
Century Communications and Video Accessibility Act of 2010, Public Law 
111-260, 124 Stat. 2751, and the authority contained in section 713 of 
the Communications Act of 1934, as amended, 47 U.S.C. 613.

List of Subjects in 47 CFR Part 79

    Communications equipment, Television broadcasters.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 79 as follows:

PART 79--ACCESSIBILITY 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, 544a, 613, 617.

0
2. Amend Sec.  79.3 by revising paragraph (b)(1) to read as follows:


Sec.  79.3  Audio description of video programming.

* * * * *
    (b) * * *
    (1) Commercial television broadcast stations that are affiliated 
with one of the top four commercial television broadcast networks (ABC, 
CBS, Fox, and NBC), and that are licensed to a community located in the 
top 90 DMAs, as determined by The Nielsen Company as of January 1, 
2023, must provide 50 hours of audio description per calendar quarter, 
either during prime time or on children's programming, and 37.5 
additional hours of audio description per calendar quarter between 6 
a.m. and 11:59 p.m. local time, on each programming stream on which 
they carry one of the top four commercial television broadcast 
networks. If a previously unaffiliated station in one of these markets 
becomes affiliated with one of these networks, it must begin compliance 
with these requirements no later than three months after the 
affiliation agreement is finalized. On January 1, 2024, and on January 
1 each year thereafter until January 1, 2035, the requirements of this 
paragraph (b)(1) shall extend to the next 10 largest DMAs as determined 
by The Nielsen Company as of January 1, 2023;
* * * * *
[FR Doc. 2023-06527 Filed 3-28-23; 8:45 am]
BILLING CODE 6712-01-P