Closed Captioning of Video Programming, 7369-7370 [2010-3267]

Download as PDF 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 7370 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations Ordering Clause Pursuant to 47 U.S.C. 154(i), 303(r) and 613, the Order Suspending Effective Date is adopted. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2010–3267 Filed 2–18–10; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 79 [CG Docket No. 05–231; ET Docket No. 99– 254; FCC 08–255] Closed Captioning of Video Programming; Closed Captioning Requirements for Digital Television Receivers Synopsis AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. srobinson on DSKHWCL6B1PROD with RULES SUMMARY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission’s Closed Captioning of Video Programming; Closed Captioning Requirements for Digital Television Receivers, Declaratory Ruling and Order (2008 Closed Captioning Order). This notice is consistent with the 2008 Closed Captioning Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules. DATES: 47 CFR 79.1(g)(1) through (5), (i), published at 74 FR 1594, January 13, 2009, is effective February 19, 2010. Video programming distributors must comply with 47 CFR 79.1(i) by March 22, 2010. FOR FURTHER INFORMATION CONTACT: Amelia Brown, Disabilities Rights Office, Consumer and Governmental Affairs Bureau, at (202) 418–2799 (voice) or (202) 418–7804 (TTY). SUPPLEMENTARY INFORMATION: This document announces that, on July 27, 2009, OMB approved, for a period of three years, the information collection requirements contained in the Commission’s 2008 Closed Captioning Order, FCC 08–255, published at 74 FR 1594, January 13, 2009. The OMB Control Number is 3060–0761. The Commission publishes this notice as an announcement of the effective date of the rules. If you have any comments on VerDate Nov<24>2008 16:08 Feb 18, 2010 Jkt 220001 the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1–C823, 445 12th Street, SW., Washington, DC 20554. Please include the OMB Control Number, 3060–0761, in your correspondence. The Commission will also accept your comments via the Internet if you send them to PRA@fcc.gov. 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), (202) 418–0432 (TTY). As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on July 27, 2009, for the information collection requirements contained in the Commission’s rules at 47 CFR 79.1(g)(1) through (5) and 47 CFR 79.1(i). The OMB Control Number is 3060–0761. The total annual reporting burden for respondents for these collections of information, including the time for gathering and maintaining the collection of information, is estimated to be: 14,283 respondents, 111,247 responses, a total annual hourly burden of 226,452 hours, and $38,283,630 in total annual costs. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act, that does not display a current, valid OMB Control Number. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2010–3265 Filed 2–18–10; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2010–0015 RIN 2127–AK60 Federal Motor Vehicle Safety Standards; Door Locks and Door Retention Components AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule; response to petitions for reconsideration; technical amendments. SUMMARY: This final rule responds to petitions for reconsideration of a February 6, 2007 final rule that amended Federal Motor Vehicle Safety Standard No. 206 to add and update requirements and test procedures and to harmonize with the world’s first global technical regulation for motor vehicles. This is the second of two documents responding to the petitions; an earlier final rule delayed the compliance date of the sliding door provisions for a year. In today’s document, the agency is granting some aspects of the petitions while denying other aspects, and makes several technical amendments to the regulatory text. DATES: This rule is effective February 19, 2010. Any petitions for reconsideration of today’s final rule must be received by NHTSA not later than April 5, 2010. ADDRESSES: If you wish to petition for reconsideration of this rule, your petition should refer to the docket number and be submitted to: Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE., West Building, 4th Floor, Washington, DC 20590. Note that all documents received will be posted without change to the docket, including any personal information provided. Please see the Privacy Act discussion under the section entitled, Rulemaking Analyses and Notices. FOR FURTHER INFORMATION CONTACT: For technical issues, contact Ms. Shashi Kuppa, Office of Crashworthiness Standards, by telephone at (202) 366– 4902, or by fax at (202) 366–2990. For legal issues, contact Ms. Sarah Alves, Office of the Chief Counsel, by telephone at (202) 366–2992, or by fax at (202) 366–3820. Both persons may be reached by mail at the following address: National Highway Traffic Safety Administration, E:\FR\FM\19FER1.SGM 19FER1

Agencies

[Federal Register Volume 75, Number 33 (Friday, February 19, 2010)]
[Rules and Regulations]
[Pages 7369-7370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3267]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[CG Docket No. 05-321; FCC 09-71]


Closed Captioning of Video Programming

AGENCY: Federal Communications Commission.

ACTION: Final rule; stay of effectiveness.

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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.

SUPPLEMENTARY INFORMATION: 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 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 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.

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.

[[Page 7370]]

Ordering Clause

    Pursuant to 47 U.S.C. 154(i), 303(r) and 613, the Order Suspending 
Effective Date is adopted.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2010-3267 Filed 2-18-10; 8:45 am]
BILLING CODE 6712-01-P
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