Closed Captioning of Video Programming, 7368-7369 [2010-3264]

Download as PDF 7368 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations registered participants of any changes to the briefings. DATES: 1. Tuesday, February 23, 2010, San Diego, California. Time: 8:30 a.m.–3 p.m. 2. Thursday, February 25, 2010, Dallas, Texas. Time: 8:30 a.m.–3 p.m. 3. Tuesday, March 2, 2010, Raleigh, North Carolina. Time: 8:30 a.m.–3 p.m. The meeting locations are: 1. San Diego—San Diego Marriott Hotel and Marina, 333 West Harbor Drive, San Diego CA 92101, Tel: 1–619– 234–1500, fax: 1–619–234–8678. 2. Dallas—Anatole Hilton, 2201 Stemmons Freeway, Dallas, TX 75207, Tel: 1–214–748–1200, fax: 1–214–761–7520. 3. Raleigh—Hilton North Raleigh, 3415 Wake Forest Road, Raleigh, NC 27609, Tel: 1–919–872–2323, fax: 1–919–876–0890. ADDRESSES: srobinson on DSKHWCL6B1PROD with RULES To Register: To register for a briefing session please complete the registration process on-line, by visiting www.acclaroresearch.com/oflcbriefings. Due to space considerations, attendance will be limited to those who register online. In the event of cancellation or change, participants will be notified. FOR FURTHER INFORMATION CONTACT: For further information regarding the Employment and Training Administration’s portion of the briefings, contact William L. Carlson, PhD, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, 200 Constitution Avenue, NW., Room C–4312, Washington, DC 20210; Telephone: (202) 693–3010 (this is not a toll-free number). For further information regarding the Wage and Hour Division’s portion of the briefings, contact James Kessler, Farm Labor Branch Chief, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue, NW., Room S–3510, Washington, DC 20210; Telephone (202) 693–0070 (this is not a toll-free number). Please do not call these offices to register as they cannot accept registrations. The registration information should be used by any member of the public planning to attend a briefing session. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 16:08 Feb 18, 2010 Jkt 220001 Signed in Washington, DC, this 16th day of February 2010. Jane Oates, Assistant Secretary, Employment and Training Administration. Nancy Leppink, Deputy Administrator, Wage and Hour Division. [FR Doc. 2010–3282 Filed 2–16–10; 4:15 pm] BILLING CODE 4510–FP–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 79 [CG Docket No. 05–231; FCC 09–109] Closed Captioning of Video Programming AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: In this document, the Commission amends the closed captioning rules to add another method by which video programming distributors may provide contact information to the Commission for the handling of immediate closed captioning concerns and written closed captioning complaints. DATES: 47 CFR 79.1(i)(3), published at 74 FR 1594, January 13, 2009, and the revisions in this document are effective February 19, 2010. FOR FURTHER INFORMATION CONTACT: Amelia Brown, Consumer and Governmental Affairs Bureau, Disability Rights Office at (202) 418–2799 (voice), (202) 418–7804 (TTY), or e-mail at Amelia.Brown@fcc.gov. This is a summary of the Commission’s document FCC 09–109, Closed Captioning of Video Programming, CG Docket No. 05–231, Order, adopted December 4, 2009, and released December 11, 2009. The full text of document FCC 09–109 and copies of any subsequently filed documents in this matter will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. Document FCC 09–109 and copies of subsequently filed documents in this matter also may be purchased from the Commission’s duplicating contractor at Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554. Customers may contact the Commission’s duplicating contractor at its Web site https:// SUPPLEMENTARY INFORMATION: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 www.bcpiweb.com or by calling 1–800– 378–3160. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice) or (202) 418– 0432 (TTY). Document FCC 09–109 also can be downloaded in Word or Portable Document Format (PDF) at: https:// www.fcc.gov/cgb/dro/caption.html. Synopsis 1. On November 7, 2008, the Commission released Closed Captioning of Video Programming, Closed Captioning Requirements for Digital Television Receivers, CG Docket No. 05– 231, ET Docket No. 99–254, Declaratory Ruling, Order, and Notice of Proposed Rulemaking, FCC 08–255 (2008 Closed Captioning Order), published at 74 FR 1594, January 13, 2009, which, among other things, requires video programming distributors to provide the Commission with contact information for the handling of immediate closed captioning concerns and written closed captioning complaints. Specifically, in a new § 79.1(i)(3) of its rules, the Commission required video programming distributors to file the required contact information with the Chief of the Disability Rights Office, Consumer and Governmental Affairs Bureau, or by sending the information to CLOSEDCAPTIONING_POC@fcc.gov. 2. In anticipation of a large number of submissions and volume of information the Commission expects to receive, it has established an electronic webform as an additional method by which video programming distributors may submit their contact information to the Commission. To submit their contact information in this manner, video programming distributors will enter contact information in specific fields and, once submitted, this information will be available almost immediately for online searching by the public. This approach will promote compliance with the rule by facilitating the submission and availability of complete and accurate contact information. While video programming distributors may use any of the three methods described in § 79.1(i)(3), the Commission encourages video programming distributors to submit their contact information through this online, self-service webform. Because this additional method of providing contact information was not provided for in the 2008 Closed Captioning Order or in § 79.1(i)(3) of the Commission’s rules, the Commission is amending § 79.1(i)(3) E:\FR\FM\19FER1.SGM 19FER1 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 7369 of its rules to allow for the filing of contact information through a webform. FEDERAL COMMUNICATIONS COMMISSION Document Format (PDF) at: https:// www.fcc.gov/cgb/dro/caption.html. Congressional Review Act 47 CFR Part 79 Synopsis The Commission has sent a copy of the document FCC 09–109 in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. [CG Docket No. 05–321; FCC 09–71] 1. On November 7, 2008, the Commission released Closed Captioning of Video Programming, Closed Captioning Requirements for Digital Television Receivers, CG Docket No. 05– 231, ET Docket No. 99–254, Declaratory Ruling, Order, and Notice of Proposed Rulemaking, FCC 08–255, (2008 Closed Captioning Order), published at 74 FR 1594, January 13, 2009, which, among other things, requires video programming distributors in certain circumstances to forward closed captioning complaints to third parties. Such a requirement, however, appears to conflict with certain provisions of the Act that prohibit disclosure of personally identifiable information to third parties. To avoid placing video programming distributors in the untenable position of having to choose whether to comply with the closed captioning rule or with a conflicting statutory provision, the Commission temporarily suspends the effective date of the rule while the Commission considers how to revise it. 2. Specifically, amended 47 CFR 79.1(g)(3), adopted in the 2008 Closed Captioning Order, appears to conflict with the prohibitions contained in Sections 631(c) and 338(i) of the Act. In particular, cable or satellite operators would violate these provisions if they complied with 47 CFR 79.1(g)(3) by forwarding complaints containing a subscriber’s personal information without first obtaining the subscriber’s consent to disclose personally identifiable information. Given this apparent conflict, the Commission finds good cause to suspend the effective date of 47 CFR 79.1(g)(3) temporarily without prior notice and comment. Because allowing this rule to take effect would subject companies to conflicting legal obligations, the Commission finds that seeking comment on whether to suspend the rule would be impractical, unnecessary, and contrary to the public interest. The Commission intends to issue a notice of proposed rulemaking to seek comment on a revised rule for handling closed captioning complaints, to replace 47 CFR 79.1(g)(3) as adopted in the 2008 Closed Captioning Order. Ordering Clause Pursuant to 47 U.S.C. 154(i), 303(r) and 613, document FCC 09–109 is adopted. List of Subjects in 47 CFR Part 79 Cable television operators, Multichannel video programming distributors (MVPDs), Satellite television service providers, Television broadcasters. Federal Communications Commission. Marlene H. Dortch, Secretary. Rule Changes For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 79 to read as follows: ■ PART 79—CLOSED CAPTIONING OF VIDEO PROGRAMMING 1. The authority citation for part 79 continues to read as follows: ■ 2. Section 79.1 is amending by revising paragraph (i)(3) to read as follows: ■ § 79.1 Closed captioning of video programming. srobinson on DSKHWCL6B1PROD with RULES * * * * (i) * * * (3) Providing contact information to the Commission. Video programming distributors shall file the contact information described in this section with the Commission in one of the following ways: through a webform located on the FCC website; with the Chief of the Disability Rights Office, Consumer and Governmental Affairs Bureau; or by sending an e-mail to CLOSED CAPTIONING_POC@fcc.gov. Contact information shall be available to consumers on the FCC Web site or by telephone inquiry to the Commission’s Consumer Center. Distributors shall notify the Commission each time there is a change in any of this required information within 10 business days. * * * * * [FR Doc. 2010–3264 Filed 2–18–10; 8:45 am] BILLING CODE 6712–01–P VerDate Nov<24>2008 16:08 Feb 18, 2010 Jkt 220001 AGENCY: Federal Communications Commission. ACTION: Final rule; stay of effectiveness. SUMMARY: In this document, the Commission temporarily stays the effectiveness of the closed captioning rule that requires video programming distributors in certain circumstances to forward closed captioning complaints to third parties. Because the ‘‘forwarding’’ requirement contained in the rule may conflict with statutory provisions under the Communications Act (the Act), a stay is appropriate pending review by the Commission of the ‘‘forwarding’’ provision of the rule. DATES: 47 CFR 79.1(g)(3), published at 74 FR 1594, January 13, 2009, is stayed beginning February 19, 2010. FOR FURTHER INFORMATION CONTACT: Amelia Brown, Consumer and Governmental Affairs Bureau, Disability Rights Office at (202) 418–2799 (voice), (202) 418–7804 (TTY), or e-mail at Amelia.Brown@fcc.gov. This is a summary of the Commission’s Order, FCC 09–71, Closed Captioning of Video Programming, CG Docket No. 05–231, Order Suspending Effective Date, adopted September 8, 2009, and released December 11, 2009. The full text of FCC 09–71 and copies of any subsequently filed documents in this matter will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. FCC 09–71 and copies of subsequently filed documents in this matter also may be purchased from the Commission’s duplicating contractor at Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554. Customers may contact the Commission’s duplicating contractor at its Web site https://www.bcpiweb.com or by calling 1–800–378–3160. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice) or (202) 418– 0432 (TTY). FCC 09–71 also can be downloaded in Word or Portable SUPPLEMENTARY INFORMATION: Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 613. * Closed Captioning of Video Programming PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 Congressional Review Act The Commission will send a copy of the Order Suspending Effective Date in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. E:\FR\FM\19FER1.SGM 19FER1

Agencies

[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Rules and Regulations]
[Pages 7368-7369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3264]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[CG Docket No. 05-231; FCC 09-109]


Closed Captioning of Video Programming

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Commission amends the closed captioning 
rules to add another method by which video programming distributors may 
provide contact information to the Commission for the handling of 
immediate closed captioning concerns and written closed captioning 
complaints.

DATES: 47 CFR 79.1(i)(3), published at 74 FR 1594, January 13, 2009, 
and the revisions in this document are effective February 19, 2010.

FOR FURTHER INFORMATION CONTACT: Amelia Brown, Consumer and 
Governmental Affairs Bureau, Disability Rights Office at (202) 418-2799 
(voice), (202) 418-7804 (TTY), or e-mail at Amelia.Brown@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document FCC 09-109, Closed Captioning of Video Programming, CG Docket 
No. 05-231, Order, adopted December 4, 2009, and released December 11, 
2009. The full text of document FCC 09-109 and copies of any 
subsequently filed documents in this matter will be available for 
public inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. Document FCC 09-109 and copies of 
subsequently filed documents in this matter also may be purchased from 
the Commission's duplicating contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554. Customers may contact the 
Commission's duplicating contractor at its Web site https://www.bcpiweb.com or by calling 1-800-378-3160.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). 
Document FCC 09-109 also can be downloaded in Word or Portable Document 
Format (PDF) at: https://www.fcc.gov/cgb/dro/caption.html.

Synopsis

    1. On November 7, 2008, the Commission released Closed Captioning 
of Video Programming, Closed Captioning Requirements for Digital 
Television Receivers, CG Docket No. 05-231, ET Docket No. 99-254, 
Declaratory Ruling, Order, and Notice of Proposed Rulemaking, FCC 08-
255 (2008 Closed Captioning Order), published at 74 FR 1594, January 
13, 2009, which, among other things, requires video programming 
distributors to provide the Commission with contact information for the 
handling of immediate closed captioning concerns and written closed 
captioning complaints. Specifically, in a new Sec.  79.1(i)(3) of its 
rules, the Commission required video programming distributors to file 
the required contact information with the Chief of the Disability 
Rights Office, Consumer and Governmental Affairs Bureau, or by sending 
the information to CLOSEDCAPTIONING_POC@fcc.gov.
    2. In anticipation of a large number of submissions and volume of 
information the Commission expects to receive, it has established an 
electronic webform as an additional method by which video programming 
distributors may submit their contact information to the Commission. To 
submit their contact information in this manner, video programming 
distributors will enter contact information in specific fields and, 
once submitted, this information will be available almost immediately 
for online searching by the public. This approach will promote 
compliance with the rule by facilitating the submission and 
availability of complete and accurate contact information. While video 
programming distributors may use any of the three methods described in 
Sec.  79.1(i)(3), the Commission encourages video programming 
distributors to submit their contact information through this online, 
self-service webform. Because this additional method of providing 
contact information was not provided for in the 2008 Closed Captioning 
Order or in Sec.  79.1(i)(3) of the Commission's rules, the Commission 
is amending Sec.  79.1(i)(3)

[[Page 7369]]

of its rules to allow for the filing of contact information through a 
webform.

Congressional Review Act

    The Commission has sent a copy of the document FCC 09-109 in a 
report to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act.

Ordering Clause

    Pursuant to 47 U.S.C. 154(i), 303(r) and 613, document FCC 09-109 
is adopted.

List of Subjects in 47 CFR Part 79

    Cable television operators, Multichannel video programming 
distributors (MVPDs), Satellite television service providers, 
Television broadcasters.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 79 to read as follows:

PART 79--CLOSED CAPTIONING 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, 
613.


0
2. Section 79.1 is amending by revising paragraph (i)(3) to read as 
follows:


Sec.  79.1  Closed captioning of video programming.

* * * * *
    (i) * * *
    (3) Providing contact information to the Commission. Video 
programming distributors shall file the contact information described 
in this section with the Commission in one of the following ways: 
through a webform located on the FCC website; with the Chief of the 
Disability Rights Office, Consumer and Governmental Affairs Bureau; or 
by sending an e-mail to CLOSED CAPTIONING_POC@fcc.gov. Contact 
information shall be available to consumers on the FCC Web site or by 
telephone inquiry to the Commission's Consumer Center. Distributors 
shall notify the Commission each time there is a change in any of this 
required information within 10 business days.
* * * * *
[FR Doc. 2010-3264 Filed 2-18-10; 8:45 am]
BILLING CODE 6712-01-P
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