[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Notices]
[Pages 20965-20966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06306]


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FEDERAL COMMUNICATIONS COMMISSION

[MB Docket No. 12-108; DA 24-276; FR ID 210326]


Joint 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 seeks comment on a joint proposal in the 
record of this proceeding addressing how the Commission should 
determine if specific closed captioning display settings are readily 
accessible.

DATES: Comments are due on or before April 15, 2024; reply comments are 
due on or before April 25, 2024.

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 24-276, released on March 19, 2024. 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-joint-caption-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 FNPRM.\2\ 
In January 2023, the Media Bureau released a public notice seeking 
comment on a proposal by a coalition of consumer groups that when the 
Commission determines if specific closed captioning display settings 
are readily accessible, it should consider the following factors: 
proximity, discoverability, previewability, and

[[Page 20966]]

consistency and persistence.\3\ Comments were due March 3, 2023, and 
reply comments were due March 20, 2023. The Joint Proposal states that 
the Organizations subsequently worked together to develop solutions to 
concerns raised in the record, and the result is the Joint Proposal.
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    \1\ Accessibility of User Interfaces, and Video Programming 
Guides and Menus, Second Report and Order, Order on Reconsideration, 
and Second Further Notice of Proposed Rulemaking, 81 FR 5971 (Feb. 
4, 2016) (Second FNPRM).
    \2\ See Accessibility Rules for Closed Captioning Display 
Settings, 87 FR 2607 (Jan. 18, 2022) (2022 Closed Captioning Display 
Settings PN).
    \3\ See Closed Captioning Display Settings Proposal, 88 FR 6725 
(Feb. 1, 2023) (2023 Closed Captioning Display Settings PN).
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    Under the Joint Proposal, all accessibility functions would be made 
available ``in one area of the settings . . . accessed via a means 
reasonably comparable to a button, key, or icon.'' There would be 
consumer testing requirements ``[f]or cable service and navigation 
devices used to access multichannel video programming that cable 
operators sell or lease,'' as well as previewability requirements for 
cable service. For navigation devices, cable operators would commit to 
making closed caption display settings available by an application 
programming interface (API) that an over-the-top application provider 
could utilize. For a cable operator's own application on a third-party 
device, the operator would ``respect the operating system-level closed 
caption settings of the host device upon launch of the app on the 
device, provided the host device makes those settings available to 
applications via an API or similar method.'' Finally, cable operators 
would commit to certain training requirements for customer care and 
support employees. All of these proposals would be ``subject to being 
achievable and technically feasible,'' and they would apply ``on a 
going-forward basis'' and ``after a reasonable implementation period.'' 
While the proposals were framed in terms of NCTA's cable operator 
members, the Organizations note that ``the proposals could also serve 
as a model for other MVPDs and equipment manufacturers.''
    We believe that the Commission would benefit from further comment 
on the Joint Proposal, and accordingly, this public notice seeks 
comment on whether the Commission should adopt the proposed 
requirements discussed therein. 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 adopt the Organizations' proposals as rules. 
Although the Joint Proposal was focused on the cable context, should 
the requirements set forth in the Joint Proposal apply broadly to the 
devices covered by section 303(u) of the Communications Act of 1934, as 
amended, and to both manufacturers of covered apparatus and MVPDs? 
Commenters should provide any other information relevant to the 
Commission's determination of whether and how to adopt the Joint 
Proposal.
    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 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. 2024-06306 Filed 3-25-24; 8:45 am]
BILLING CODE 6712-01-P