[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Pages 76827-76830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21441]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-1162; FR ID 245721]


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act of 1995 (PRA), the 
Federal Communications Commission (FCC or Commission) invites the 
general public and other Federal agencies to take this opportunity to 
comment on the following information collections. Comments are 
requested concerning: whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; the accuracy of the Commission's burden estimate; ways to 
enhance the quality, utility, and clarity of the information collected; 
ways to minimize the burden of the collection of information on the 
respondents, including the use of automated collection techniques or 
other forms of information technology; and ways to further reduce the 
information collection burden on small business concerns with fewer 
than 25 employees. The FCC may not conduct or sponsor a collection of 
information unless it displays a currently valid Office of Management 
and Budget (OMB) control number. No person shall be subject to any 
penalty for failing to comply with a collection of information subject 
to the PRA that does not display a valid OMB control number.

DATES: Written PRA comments should be submitted on or before November 
18, 2024. If you anticipate that you will be submitting comments but 
find it difficult to do so within the period of time allowed by this 
notice, you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email to 
[email protected] and to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-1162.
    Title: Closed Captioning of Video Programming Delivered Using 
Internet Protocol, and Apparatus Closed Caption Requirements.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or Household, Businesses or other for-
profit, Not-for-profit institutions, State, local, or tribal 
government, Federal Government.
    Number of Respondents and Responses: 1,772 respondents; 124,154 
responses.

[[Page 76828]]

    Estimated Time per Response: 0.017-10 hours.
    Frequency of Response: One time and on occasion reporting 
requirements; Recordkeeping requirement; Third party disclosure 
requirement.
    Obligation to Respond: Mandatory; Required to obtain or retain 
benefits; Voluntary. The statutory authority for this collection is 
contained in the Twenty-First Century Communications and Video 
Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751, and 
sections 4(i), 4(j), 303, 330(b), 713, and 716 of the Communications 
Act of 1934, as amended (the Act), 47 U.S.C. 154(i), 154(j), 303, 
330(b), 613, and 617.
    Total Annual Burden: 11,465 hours.
    Total Annual Cost: $95,700.
    Needs and Uses: The Twenty-First Century Communications and Video 
Accessibility Act of 2010 (CVAA) directed the Commission to revise its 
regulations to mandate closed captioning on video programming delivered 
via Internet Protocol (IP) that was published or exhibited on 
television with captions after the effective date of the regulations. 
Accordingly, the Commission requires video programming owners (VPOs) to 
send program files to video programming distributors and providers 
(hereinafter VPDs) with required captions, and it requires VPDs to 
enable the rendering or pass through of all required captions to the 
end user. The CVAA also directed the Commission to revise its 
regulations to mandate that all apparatus designed to receive, play 
back, or record video programming be equipped with built-in closed 
caption decoder circuitry or capability designed to display closed-
captioned video programming, except that apparatus that use a picture 
screen that is 13 inches or smaller and recording devices must comply 
only if doing so is achievable. These rules are codified at 47 CFR 79.4 
and 79.100-79.104.
    In July 2024, the Commission adopted rules requiring 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. The Commission will 
determine whether settings are readily accessible to consumers by 
evaluating the following factors: proximity, discoverability, 
previewability, and consistency and persistence. The compliance 
deadline will be after the Office of Management and Budget completes 
its review of any new or modified information collection requirements 
under the Paperwork Reduction Act or August 17, 2026, whichever is 
later. The previously approved burden estimates set forth below for 
requests for a Commission determination of technical feasibility of 
apparatus closed caption requirements, requests for a Commission 
determination of achievability of apparatus closed caption 
requirements, and complaints alleging violations of the apparatus 
closed caption requirements, all are sufficient to encompass any such 
filings resulting from the new rule. The 2024 Caption Display Settings 
Order imposes two new information collection requirements set forth as 
(i) and (j) below.
    The information collection requirements consist of:
    (a) Mechanism for information about video programming subject to 
the IP closed captioning requirements.
    Pursuant to 47 CFR 79.4(c)(1)(ii) and (c)(2)(ii) of the 
Commission's rules, VPOs and VPDs must agree upon a mechanism to make 
information available to VPDs about video programming that becomes 
subject to the requirements of 47 CFR 79.4 on an ongoing basis. VPDs 
must make a good faith effort to identify video programming that must 
be captioned when delivered using IP using the agreed upon mechanism.
    For example, VPOs and VPDs may agree on a mechanism whereby the 
VPOs provide captions or certifications that captions are not required, 
and update those certifications and provide captions when captions 
later become required. A VPD may rely in good faith on a certification 
by a VPO that the programming need not be captioned if: (1) the 
certification includes a clear and concise explanation of why captions 
are not required; and (2) the VPD is able to produce the certification 
to the Commission in the event of a complaint. VPOs may provide 
certifications for specific programming or a more general 
certification, for example, for all programming covered by a particular 
contract.
    VPDs may seek Commission determinations that other proposed 
mechanisms provide adequate information for them to rely on in good 
faith by filing an informal request and providing sufficient 
information for the Commission to make such determinations.
    (b) Contact information for the receipt and handling of written 
closed captioning complaints.
    Pursuant to 47 CFR 79.4(c)(2)(iii), VPDs must make their contact 
information available to end users for the receipt and handling of 
written IP closed captioning complaints. The required contact 
information includes the name of a person with primary responsibility 
for IP captioning issues and who can ensure compliance with these 
rules, as well as the person's title or office, telephone number, fax 
number, postal mailing address, and email address. VPDs must keep this 
information current and update it within 10 business days of any 
change. The Commission expects that such contact information will be 
prominently displayed in a way that it is accessible to all end users. 
A general notice on the VPD's website with such contact information, if 
provided, must be provided in a location that is conspicuous to 
viewers.
    (c) Petitions for exemption based on economic burden.
    Pursuant to 47 CFR 79.4(d), a VPO or VPD may petition the 
Commission for a full or partial exemption from the closed captioning 
requirements for IP-delivered video programming based upon a showing 
that they would be economically burdensome. Petitions for exemption 
must be supported with sufficient evidence to demonstrate economic 
burden (significant difficulty or expense). The Commission will 
consider four specific factors when determining economic burden and any 
other factors the petitioner deems relevant, along with any available 
alternatives that might constitute a reasonable substitute for the 
closed captioning requirements. Petitions and subsequent pleadings must 
be filed electronically.
    The Commission will place such petitions on public notice. Comments 
or oppositions to the petition may be filed electronically within 30 
days after release of the public notice of the petition, and must 
include a certification that the petitioner was served with a copy. The 
petitioner may reply to any comments or oppositions filed within 20 
days after the close of the period for filing comments or oppositions, 
and replies must include a certification that the commenting or 
opposing party was served with a copy. Upon a finding of good cause, 
the Commission may lengthen or shorten any comment period and waive or 
establish other procedural requirements. Petitions and responsive 
pleadings must include a detailed, full showing, supported by 
affidavit, of any facts or considerations relied on.
    (d) Complaints alleging violations of the closed captioning rules 
for IP-delivered video programming.
    Pursuant to 47 CFR 79.4(e), a written complaint alleging a 
violation of the closed captioning rules for IP-delivered video 
programming may be filed with the Commission or with the VPD

[[Page 76829]]

responsible for enabling the rendering or pass through of the closed 
captions for the video programming. Complaints must be filed within 60 
days after the date the complainant experienced a problem with 
captioning. Complaints should (but are not required to) include certain 
information.
    If the complaint is filed first with the VPD, the VPD must respond 
in writing to the complainant within 30 days after receipt of a closed 
captioning complaint. If a VPD fails to respond timely, or the response 
does not satisfy the consumer, the complainant may re-file the 
complaint with the Commission within 30 days after the time allotted 
for the VPD to respond. If a consumer re-files the complaint with the 
Commission (after filing with the VPD) and the complaint satisfies the 
requirements, the Commission will forward the complaint to the named 
VPD, as well as to any other VPD and/or VPO that Commission staff 
determines may be involved, who then must respond in writing to the 
Commission and the complainant within 30 days after receipt of the 
complaint from the Commission.
    If the complaint is filed first with the Commission and the 
complaint satisfies the requirements, the Commission will forward the 
complaint to the named VPD and/or VPO, and to any other VPD and/or VPO 
that Commission staff determine may be involved, who must respond in 
writing to the Commission and the complainant within 30 days after 
receipt of the complaint from the Commission. In response to a 
complaint, a VPD and/or VPO must provide the Commission with sufficient 
records and documentation. The Commission will review all relevant 
information provided by the complainant and the subject VPDs and/or 
VPOs, as well as any additional information the Commission deems 
relevant from its files or public sources. The Commission may request 
additional information from any relevant entities when, in the 
estimation of Commission staff, such information is needed to 
investigate the complaint or adjudicate potential violation(s) of 
Commission rules. When the Commission requests additional information, 
parties to which such requests are addressed must provide the requested 
information in the manner and within the time period the Commission 
specifies.
    (e) Requests for Commission determination of technical feasibility 
of apparatus closed caption requirements.
    Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital 
apparatus designed to receive or play back video programming that uses 
a picture screen of any size must be equipped with built-in closed 
caption decoder circuitry or capability designed to display closed-
captioned video programming, if technically feasible. Pursuant to 47 
CFR 79.103(e), manufacturers of apparatus subject to paragraph (a) of 
the rule and MVPDs will be required to ensure that consumers are able 
to readily access user display settings for closed captioning on 
apparatus designed to receive or play back video programming 
transmitted simultaneously with sound, if such apparatus is 
manufactured in the United States or imported for use in the United 
States and uses a picture scree of any size, if technically feasible. 
If new apparatus or classes of apparatus for viewing video programming 
emerge on which it would not be technically feasible to include closed 
captioning or readily accessible user display settings for closed 
captioning, parties may raise that argument as a defense to a complaint 
or, alternatively, file a request under 47 CFR 1.41 for a Commission 
determination of technical feasibility before manufacturing or 
importing the product.
    (f) Requests for Commission determination of achievability of 
apparatus closed caption requirements.
    Pursuant to 47 CFR 79.103(a), as of January 1, 2014, all digital 
apparatus designed to receive or play back video programming that use a 
picture screen less than 13 inches in size must be equipped with built-
in closed caption decoder circuitry or capability designed to display 
closed-captioned video programming, only if doing so is achievable. In 
addition, pursuant to 47 CFR 79.104(a), as of January 1, 2014, all 
apparatus designed to record video programming must enable the 
rendering or the pass through of closed captions such that viewers are 
able to activate and de-activate the closed captions as the video 
programming is played back, only if doing so is achievable. Pursuant to 
47 CFR 79.103(e), the requirement that closed captioning display 
settings are readily accessible will only apply to apparatus that use a 
picture screen of less than 13 inches in size if compliance is 
achievable.
    Manufacturers of such apparatus and MVPDs may petition the 
Commission, pursuant to 47 CFR 1.41, for a full or partial exemption 
from the closed captioning requirements before manufacturing or 
importing the apparatus or may assert as a response to a complaint that 
these requirements, in full or in part, are not achievable. Pursuant to 
47 CFR 79.103(b)(3), such a petition or response must be supported with 
sufficient evidence to demonstrate that compliance is not achievable 
(meaning with reasonable effort or expense) and the Commission will 
consider four specific factors when making such determinations.
    (g) Petitions for purpose-based waivers of apparatus closed caption 
requirements.
    Manufacturers seeking certainty prior to the sale of a device may 
petition the Commission, pursuant to 47 CFR 79.103(b)(4), for a full or 
partial waiver of the closed captioning requirements based on one of 
the following provisions:
    (i) The apparatus is primarily designed for activities other than 
receiving or playing back video programming transmitted simultaneously 
with sound; or
    (ii) The apparatus is designed for multiple purposes, capable of 
receiving or playing back video programming transmitted simultaneously 
with sound but whose essential utility is derived from other purposes.
    (h) Complaints alleging violations of the apparatus closed caption 
requirements.
    Consumers may file written complaints alleging violations of the 
Commission's rules, 47 CFR 79.101-79.104, requiring apparatus designed 
to receive, play back, or record video programming to be equipped with 
built-in closed caption decoder circuitry or capability designed to 
display closed captions, and requiring that consumers are able to 
readily access user display settings for closed captioning on covered 
apparatus. A written complaint filed with the Commission must be 
transmitted to the Consumer and Governmental Affairs Bureau through the 
Commission's online informal complaint filing system, U.S. Mail, 
overnight delivery, or facsimile. Such complaints should include 
certain information about the complainant and the alleged violation. 
The Commission may forward such complaints to the named manufacturer or 
provider, as well as to any other entity that Commission staff 
determines may be involved, and may request additional information from 
any relevant parties when, in the estimation of Commission staff, such 
information is needed to investigate the complaint or adjudicate 
potential violations of Commission rules.
    (i) Application programming interface (API) notification to 
application developers.
    Pursuant to 47 CFR 79.103(e)(1)(iv)(A), with regard to an MVPD's 
provision of navigation devices, it will be required to expose closed 
caption display settings via an API or similar method that an over-the-
top

[[Page 76830]]

application provider can use upon launch of their application on the 
device. The API or similar method will need to enable the application 
provider to use the device-level caption settings for its own content, 
if it chooses, and covered entities will be required to notify 
application developers about this API or similar method through any 
reasonable means. One example of a ``reasonable means'' for the 
required notice is a developer portal that a developer must utilize for 
its application to appear on the device.
    (j) Customer notice of new operating systems.
    The 2024 Caption Display Settings Order provides that MVPDs should 
provide notice to customers who are deaf or hard of hearing when new 
operating systems are deployed.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024-21441 Filed 9-18-24; 8:45 am]
BILLING CODE 6712-01-P