Agency Information Collection Activities; Proposed Collection; Comment Request, 58834-58837 [2012-23515]
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Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Notices
proper entities and this would prevent
the Commission from fulfilling its
statutory responsibilities under the Act
to preserve and advance universal
service.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison, Office of the
Secretary, Office of Managing Director.
[FR Doc. 2012–23415 Filed 9–21–12; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
Federal Election Commission.
& TIME: Thursday, September 27,
2012 and its continuation on Tuesday,
October 2, 2012 at 10 a.m.
PLACE: 999 E Street NW., Washington,
DC.
STATUS: This Meeting Will Be Closed to
the Public.
ITEMS TO BE DISCUSSED:
Compliance matters pursuant to 2
U.S.C. 437g.
Audits conducted pursuant to 2
U.S.C. 437g, 438(b), and Title 26, U.S.C.
Matters concerning participation in
civil actions or proceedings or
arbitration.
Internal personnel rules and
procedures or matters affecting a
particular employee.
*
*
*
*
*
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
AGENCY:
DATE
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The applications will also be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than October 19,
2012.
A. Federal Reserve Bank of
Richmond (Adam M. Drimer, Assistant
Vice President) 701 East Byrd Street,
Richmond, Virginia 23261–4528:
1. SCBT Financial Corporation,
Columbia, South Carolina, to acquire
100 percent of the voting securities of
The Savannah Bancorp, Inc., Savannah,
Georgia, and thereby indirectly acquire
The Savannah Bank, NA, Savannah,
Georgia, and Bryan Bank & Trust,
Richmond Hill, Georgia.
In connection with this application,
Applicant also has applied to acquire
Minis & Co. Inc., Savannah, Georgia,
and thereby engage in financial and
investment advisory activities, pursuant
to section 225.28(b)(6) of Regulation Y.
[FR Doc. 2012–23574 Filed 9–20–12; 4:15 pm]
[FR Doc. 2012–23490 Filed 9–21–12; 8:45 am]
BILLING CODE 6715–01–P
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
FEDERAL TRADE COMMISSION
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
TKELLEY on DSK3SPTVN1PROD with NOTICES
Shelley E. Garr,
Deputy Secretary of the Commission.
Board of Governors of the Federal Reserve
System, September 19, 2012.
Michael J. Lewandowski,
Assistant Secretary of the Board.
Agency Information Collection
Activities; Proposed Collection;
Comment Request
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
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Federal Trade Commission.
Notice.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
intends to conduct (with parental
permission) an online survey of
children, ages 8–16 years, who watch
movies, listen to music, and/or play
game applications (‘‘apps’’) on
smartphones, Internet-accessible
handheld devices, or tablet computers
(collectively ‘‘app-capable mobile
devices’’) that run either the iOS or
Android operating systems. Before
SUMMARY:
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gathering this information, the FTC is
seeking public comments on its
proposed consumer research. Comments
will be considered before the FTC
submits a request for Office of
Management and Budget (‘‘OMB’’)
review under the Paperwork Reduction
Act (‘‘PRA’’).
Comments must be received on
or before November 23, 2012.
DATES:
Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Keith Fentonmiller, (202) 326–2775,
Attorney, Federal Trade Commission,
Bureau of Consumer Protection,
Division of Advertising Practices, 600
Pennsylvania Ave. NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION:
Background
In September 2000, the Commission
issued a report requested by the
President and Congress entitled,
Marketing Violent Entertainment to
Children: A Review of Self-Regulation
and Industry Practices in the Motion
Picture, Music Recording & Electronic
Game Industries.1 The 2000 Report
examined the structure and operation of
each industry’s self-regulatory program,
parental familiarity with and use of
those systems, and whether the
industries had marketed violent
entertainment products in a manner
inconsistent with their own parental
advisories. The Commission found that
industry members routinely targeted
children in their advertising and
marketing of violent entertainment
products and that children under age 17
could purchase these products relatively
easily. The Commission called upon the
industries to strengthen their selfregulatory programs by: (1) Prohibiting
target-marketing to children and
imposing sanctions for violations; (2)
improving self-regulatory programs at
the retail level; and (3) increasing
parental awareness of the ratings and
labels.
The Commission issued follow-up
reports to assess changes in industry
practices in April 2001,2 December
1 Available at https://www.ftc.gov/reports/
violence/vioreport.pdf (hereafter ‘‘2000 Report’’).
2 Available at https://www.ftc.gov/reports/
violence/violence010423.pdf.
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2001,3 June 2002,4 July 2004,5 and April
2007.6 Those reports found less
marketing of violent R-rated films 7 and
M-rated video games 8 to children, but
little change in marketing practices for
explicit-content music.9 The latest
report, issued in December 2009,10
recommended that all three industries
tighten restrictions on child-directed
online and viral marketing of violent
content, and improve their display of
rating information in advertising and on
packaging. The Commission further
3 Available at https://www.ftc.gov/os/2001/12/
violencereport1.pdf.
4 Available at https://www.ftc.gov/reports/
violence/mvecrpt0206.pdf.
5 Available at https://www.ftc.gov/os/2004/07/
040708kidsviolencerpt.pdf.
6 Available at https://www.ftc.gov/reports/
violence/070412MarketingViolentEChildren.pdf.
7 The motion picture rating system is a joint
venture between the Motion Picture Association of
America (‘‘MPAA’’) and the National Association of
Theatre Owners (‘‘NATO’’). The MPAA’s
Classification and Ratings Administration
(‘‘CARA’’) assigns one of five ratings to a movie: ‘‘G
General Audiences,’’ ‘‘PG Parental Guidance
Suggested,’’ ‘‘PG–13 Parents Strongly Cautioned,’’
‘‘R Restricted,’’ or ‘‘NC–17 No One Under 17
Admitted.’’ See NATO, The Move Ratings System,
available at https://www.natoonline.org/
ratingsabout.htm. Each film assigned a rating other
than G also receives a brief explanation for the
film’s rating, e.g., ‘‘Rated R for terror, violence and
language,’’ or ‘‘Rated PG–13 for intense sci-fi
violence, some sexuality and brief nudity.’’
8 The Entertainment Software Rating Board
(ESRB) assigns computer and video games one of
six rating symbols: EC (Early Childhood), E
(Everyone), E10+ (Everyone 10 and older), T (Teen),
M (Mature), or AO (Adults Only). See ESRB, Game
Ratings & Descriptor Guide, available at https://
www.esrb.org/ratings/ratings_guide.jsp. Titles rated
AO (Adults Only) have content that should only be
played by persons 18 years and older. Titles rated
M (Mature) have content that may be suitable for
persons ages 17 and older. Titles rated T (Teen)
have content that may be suitable for ages 13 and
older. In addition to the rating symbol, which
suggests the age-appropriateness for the game, the
ESRB assigns content descriptors that indicate
elements in a game that may have triggered a
particular rating and/or may be of interest or
concern (e.g., ‘‘Intense Violence’’ or ‘‘Sexual
Themes’’).
9 A record company may assign a Parental
Advisory Label (‘‘PAL’’) to a recording to alert
parents to explicit lyrics, and to provide notice to
consumers that these recordings may contain strong
language or references to violence, sex, or substance
abuse. See Recording Industry Association of
America, Parental Advisory, available at https://
riaa.org/toolsforparents.php?content_
selector=parental_advisory. The PAL indicates only
that the recording contains explicit content. It does
not inform consumers about the specific type of
explicit content that triggered the PAL, although
one company (Sony Music Entertainment) uses an
enhanced PAL that provides such additional
information (e.g., ‘‘Strong Language’’ or ‘‘Sexual
Content’’). The music industry has not defined the
PAL to mean that an explicit-content recording is
inappropriate for any particular age group. As a
result, most retailers do not restrict the sale of
explicit-content music to children. See 2009 Report,
infra note 10, at App. A–1.
10 Available at https://www.ftc.gov/os/2009/12/
P994511violententertainment.pdf (hereafter ‘‘2009
Report’’).
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recommended that the movie and music
industries develop specific and
objective criteria to restrict the
marketing of violent movies (both Rand PG-13-rated) and explicit-content
music to children. Additionally,
consumer research sponsored by the
Commission showed that the movie
industry needs to better inform parents
about additional adult content in
unrated DVDs based on films that were
rated R for theaters. Finally, although
there was improvement in retail
enforcement of the entertainment
ratings, the Commission noted that all
three industries could do better.11
The 2009 Report also observed that
consumers, including children under
17, were increasingly renting or buying
movies to view on mobile devices such
as Apple’s iPod touch and iPhone.12 At
that time, Apple had just updated the
parental control features on its iOS
mobile platform to allow parents to
limit downloadable movies based on the
MPAA rating, music labeled as explicit,
and apps based on Apple’s age-based
designations (e.g., ‘‘Rating 4+,’’ ‘‘Rated
9+,’’ ‘‘Rated 12+,’’ ‘‘Rated 17+’’).13 Some
mobile carriers also provided—and
continue to provide—their own mobile
content ratings that parents may use to
restrict access to apps, R-rated movies,
or explicit-content music.14 Although
noting that these systems should assist
parents in monitoring their children’s
consumption of mobile content, the
Commission’s 2009 Report expressed
11 The results of the Commission’s undercover
shopper survey published in 2011 demonstrated
further progress in ratings enforcement. See FTC,
FTC Undercover Shopper Survey on Enforcement of
Entertainment Ratings Finds Compliance Worst for
Retailers of Music CDs and the Highest Among
Video Game Sellers (Apr. 20, 2011), available at
https://www.ftc.gov/opa/2011/04/
violentkidsent.shtm. That survey found that 64% of
underage shoppers were able to purchase explicitcontent music CDs, down slightly from 2009. Movie
theaters demonstrated no statistically significant
change in ratings enforcement at the box office,
whereas DVD retailers meaningfully improved their
ratings enforcement with respect to R-rated DVDs
and unrated DVDs based on movies that were rated
R for theaters. Finally, 13% of underage shoppers
were able to buy M-rated video games, a statistically
significant improvement from the 20% purchase
rate in 2009.
12 2009 Report, supra note 10, at 15.
13 Id. at 29.
14 Id. Compare https://parentalcontrolcenter.com/
#_self (for Verizon service; parental controls will
not work when device is connected through WiFi);
and https://support.sprint.com/support/article/
Learn_more_about_setting_Wireless_Web_Access
_Parental_Controls/case-wh164052-20091229155228?INTNAV=SU:SP:MVT (for Sprint service;
permits parents to restrict children’s access to
material that ‘‘is considered to be appropriate for all
ages’’); with https://www.att.net/smartcontrolsWirelessParentalControls#none (for AT&T service;
parental controls will not work with smartphones,
tablets, or devices in WiFi mode; content
restrictions not age-based).
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some concern about potential consumer
confusion over the proliferation of
different mobile content rating
systems.15
In December 2010, the Android
Market (now known as Google Play)
began requiring developers to rate the
content of their mobile apps.16 As a
result, parents now may be able to
restrict their children’s access to
Android-based apps according to four
‘‘maturity levels’’: Everyone, Low
maturity, Medium maturity, and High
maturity.17 Further, in November 2011,
CTIA—The Wireless Association and
the ESRB announced a new rating
system that six mobile application
storefronts (AT&T, Microsoft, Sprint, TMobile USA, U.S. Cellular, and Verizon
Wireless) agreed to support as part of
their application submission (or
onboarding) process.18 Once this system
is implemented, developers will submit
a short, detailed questionnaire and
instantly receive an age-based ESRB
rating icon for their app that they will
be able to use across participating
mobile storefronts.
A recent Commission staff report
observed that the market for apps
playable on app-capable smartphones,
tablet computers, and other Internetaccessible handheld devices (e.g., the
iPod Touch) has experienced explosive
growth in the three years since the
Commission’s 2009 Report.19 As of
February 2012, there were more than
500,000 apps in the Apple App store
and 380,000 apps in the Google Play
marketplace. The report noted that
young children and teens are
increasingly embracing smartphone
technology for entertainment and
educational purposes. Further, a recent
online survey conducted by the NPD
Group showed that children ages 2 to 14
use a tablet, iPod Touch, or smartphone
an average of five days a week (nearly
an hour a day), and that these devices
have an average of twelve apps.20
15 2009
Report, supra note 10, at 29.
16 https://android-developers.blogspot.com/2010/
11/content-rating-for-android-market.html
(accessed June 11, 2012).
17 https://support.google.com/googleplay/androiddeveloper/bin/answer.py?hl=en&answer=188189
(accessed June 11, 2012); https://
support.google.com/googleplay/bin/
answer.py?hl=en&answer=1075738&topic=245026
(accessed June 11, 2012).
18 CTIA—The Wireless Association, CTIA—The
Wireless Association and ESRB Announce Mobile
Application Rating System (Nov. 29, 2011),
available at https://www.ctia.org/media/press/
body.cfm/prid/2147.
19 FTC Staff Report, Mobile Apps for Kids: Current
Privacy Disclosures are Disappointing, at 1 (Feb.
2012), available at https://www.ftc.gov/os/2012/02/
120216mobile_apps_kids.pdf.
20 NPD Group, An Average of 12 Downloaded
Apps Are Currently on Mobile Devices Used by Kids
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Gaming is the most popular type of app,
followed by listening to or downloading
music. Although most of these apps are
free, the top categories of purchased
apps are gaming, education, and movies.
An earlier NPD Group survey showed
that children are spending an
increasingly greater share of their
money on downloadable content,
mostly music and movies.21
Although children (like consumers
generally) increasingly are purchasing
or playing movies, music, and games on
app-capable mobile devices, no
commercially available data quantify
children’s consumption of mobile
content that is rated or labeled as
potentially inappropriate for them;
assess whether and to what extent the
various content rating systems impact
their ability to purchase or play such
content; or measure the content
restrictions imposed by parents,
including through technology-based
parental control mechanisms.
Accordingly, the Commission proposes
to conduct (with parental permission) a
survey of children ages 8–16 years who
use the most common app-capable
mobile devices—those that run the iOS
or Android platforms.22 The
Commission expects that the survey
results will help inform its policy
recommendations in its next report on
the marketing of violent entertainment
to children.
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Applicability of Paperwork Reduction
Act
Under the PRA and implementing
OMB regulations, federal agencies must
obtain approval from OMB for each
‘‘collection of information’’ they
(May 22, 2012), available at
https://www.npd.com/wps/portal/npd/us/news/
pressreleases/pr_120522; see also Anton
Troianovski, Spencer Ante, & Jessica Vascellaro,
Mom, Please Feed My Apps!, The Wall Street
Journal (June 8, 2012), (‘‘About 60% of children 8
to 11 years old interviewed recently by the research
firm KidSay said that they used phone apps, up
from 40% a year ago.’’), available at https://
online.wsj.com/article/SB10001424052702303753
904577452341745766920.html?
KEYWORDS=feed+my+apps.
21 NPD Group, Downloading Entertainment
Content Is on the Rise with Kids (Oct. 4, 2011),
available at https://www.npd.com/wps/portal/npd/
us/news/pressreleases/pr_111004.
22 As of April 2012, Google’s Android and
Apple’s iOS mobile platforms were operating on
more than 80% of all smartphones, and accounted
for nine out of ten new smartphone sales during the
fourth quarter of 2011. See comScore, comScore
Reports April 2012 U.S. Mobile Subscriber Market
Share (June 1, 2012), available at https://
www.comscore.com/Press_Events/Press_Releases/
2012/6/comScore_Reports_April_2012_U.S._
Mobile_Subscriber_Market_Share; NPD Group,
Apple Leads Mobile Handsets in Q4 2011, But
Android Attracts More First-Time Smartphone
Buyers (Feb. 6, 2012), available at https://www.npd.
com/wps/portal/npd/us/news/pressreleases/
pr_120206.
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conduct or sponsor if posed to ten or
more entities within any twelve-month
period. 44 U.S.C. 3502(3); 5 CFR
1320.3(c). ‘‘Collection of information’’
means agency requests or requirements
that members of the public submit
reports, keep records, or provide
information to a third party. 44 U.S.C.
3501(3); 5 CFR 1320.3(c).
The staff anticipates conducting an
online survey of 900 respondents drawn
from a nationally representative pool.
Thus, before the Commission can
conduct the study, it must obtain OMB
clearance. See 44 U.S.C. 3507(a),
3502(3).
Request for Comments
The FTC invites comments on: (1)
Whether the proposed collections of
information are necessary for the proper
performance of the functions of the FTC,
including whether the information will
have practical utility; (2) the accuracy of
the FTC’s estimate of the burden of the
proposed collections of information; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of collecting information on
those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses. All comments
should be filed as prescribed below, and
must be received on or before
September 24, 2012.
Please also note that because your
comment will be made public, you are
solely responsible for ensuring that it
does not include any sensitive personal
information, such as any individual’s
Social Security number, date of birth,
driver’s license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. It is also your own
responsibility to ensure that your
comment does not include any sensitive
health information, such as medical
records or other individually
identifiable health information. Your
comment also should not include any
‘‘[t]rade secret or any commercial or
financial information * * * which is
privileged or confidential.’’ See Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
No comment, whether it contains such
material or not, will be given
confidential treatment unless the
comment has been filed with the FTC
Secretary; the comment is accompanied
by a written confidentiality request that
complies fully with FTC Rule 4.9(c), 16
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CFR 4.9(c); and the General Counsel, in
his or her sole discretion, has
determined to grant the request in
accordance with applicable law and the
public interest.
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comment in
electronic form. To ensure that the
Commission considers an electronic
comment, you must file it on the webbased form at the web link: https://
ftcpublic.commentworks.com/ftc/
mobileappssurveypra. If this Notice
appears at https://www.regulations.gov/
search/index.jsp, you may also file an
electronic comment through that Web
site. The Commission will consider all
comments that regulations.gov forwards
to it. You may also visit the FTC Web
site at https://www.ftc.gov to read the
Notice.
A comment filed in paper form
should include the ‘‘Entertainment
Industry Study: FTC File No. P994511’’
reference both in the text and on the
envelope, and should be mailed or
delivered to the following address:
Federal Trade Commission, Office of the
Secretary, Room H–113 (Annex J), 600
Pennsylvania Avenue NW., Washington,
DC 20580. The FTC is requesting that
any comment filed in paper form be sent
by courier or overnight service, if
possible, because U.S. postal mail in the
Washington area and at the Commission
is subject to delay due to heightened
security precautions.
The FTC Act and other laws the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC Web
site, to the extent practicable, at
https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission makes every
effort to remove home contact
information for individuals from the
public comments it receives before
placing those comments on the FTC
Web site. More information, including
routine uses permitted by the Privacy
Act, may be found in the FTC’s privacy
policy, at https://www.ftc.gov/ftc/
privacy.shtm.
Description of the Collection of
Information and Proposed Use
With the assistance of a consumer
research firm (hereafter ‘‘the
Contractor’’), the FTC will develop a
draft questionnaire for use in an online
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Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Notices
survey of children ages 8–16 (with
parental permission) drawn from a
nationally representative pool. The
panel will consist of 100 respondents
for each of the nine age groups between
ages 8 and 16, inclusive (900 total
respondents). The Contractor will
screen the potential respondents for
those who (a) own or have access to a
mobile device (i.e., a smartphone, an
Internet-accessible handheld device like
an iPod Touch, or a tablet computer)
that runs either the iOS or Android
operating system and (b) either watch
movies, listen to music, and/or play
game apps on that device.
The study questionnaire will relate to
the movies, music, and game apps that
8–16 year old children play on those
devices, as well as the rating or labeling
systems applicable to each of those
media. The questionnaire will consist of
a mixture of open-ended and closedended questions, and it is estimated to
take 10 minutes to complete. The
questions will focus on:
• Awareness of movies, music, and
game apps rated or labeled as
potentially inappropriate for the user’s
age;
• Awareness of parental controls on
their devices that could prevent access
to content rated or labeled as potentially
inappropriate for the user’s age;
• Consumption of movies, music, and
games apps rated or labeled as
potentially inappropriate for the user’s
age;
• Usage of rating or labeling systems
when acquiring movie, music, or game
app content;
• Ability to bypass or modify parental
controls for movies, music, or game app
content;
• Estimation of percentage of content
on their personal device that is rated or
labeled as potentially inappropriate for
the user’s age;
• Estimation of percentage of time
spent on content rated that is or labeled
as potentially inappropriate for the
user’s age, relative to all other content;
• Estimation of dollars spent on
content that is rated or labeled as
potentially inappropriate for the user’s
age, relative to all other content; and
• Restrictions, if any, that parents
impose on their children’s purchase or
use of content that is rated or labeled as
potentially inappropriate for the user’s
age
The results of the survey will be
published in the FTC’s next public
report on the marketing of
entertainment violence to children.
Estimated Hours Burden: 267 Hours.
The Contractor conducting the
consumer research will recruit a
stratified sample of 900 children ages 8
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to 16 (with parental permission) who
watch movies, listen to music, and/or
play game apps on mobile devices (i.e.,
smartphones, Internet-accessible
handheld devices like an iPod Touch, or
tablet computers) that run either the iOS
or Android operating system. The
Contractor will use a screening (quota)
methodology from an existing Internet
panel, or respondents recruited using
protocols utilizing probability sampling
procedures or other commonly accepted
sampling techniques. The FTC staff
estimates that the screening questions
should take respondents no more than
60 seconds to complete. The screening
questions will be asked of
approximately 7,000 respondents to
provide a large enough random sample
for the surveys. Cumulatively, screening
should require a maximum of 117 hours
(7,000 total respondents × 1 minute for
each). After completing the screener,
answering the surveys will impose a
burden per respondent of approximately
10 minutes, totaling 150 hours for all
respondents to the surveys (900
respondents × 10 minutes per survey).
Thus, the total hours burden attributable
to the consumer research is
approximately 267 hours (117 hours for
the screener + 150 hours for the survey).
Estimated Cost Burden: $0.
The cost per respondent should be
negligible. Participation is voluntary,
and will not require any labor
expenditures by respondents. There are
no capital, start-up, operation,
maintenance, or other similar costs to
the respondents.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012–23515 Filed 9–21–12; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 112 3155]
CarePatrol, Inc.; Analysis of Proposed
Consent Order To Aid Public Comment
Federal Trade Commission.
Proposed consent agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices or unfair
methods of competition. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
SUMMARY:
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58837
Comments must be received on
or before October 17, 2012.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ACarePatrol, Inc.,—
consent, FTC File No. 112 3155’’ on
your comment, and file your comment
online at https://ftcpublic.comment
works.com/ftc/carepatrolconsent, by
following the instructions on the webbased form. If you prefer to file your
comment on paper, mail or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Room H–113 (Annex D), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
FOR FURTHER INFORMATION CONTACT:
David R. Spiegel, (202–326–3281), FTC,
Bureau of Consumer Protection, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to section 6(f) of the Federal Trade
Commission Act, 38 Stat. 721, 15 U.S.C.
46(f), and § 2.34 the Commission Rules
of Practice, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for September 17, 2012), on
the World Wide Web, at https://
www.ftc.gov/os/actions.shtm. A paper
copy can be obtained from the FTC
Public Reference Room, Room 130–H,
600 Pennsylvania Avenue NW.,
Washington, DC 20580, either in person
or by calling (202) 326–2222.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before October 17, 2012. Write
‘‘CarePatrol, Inc.,—consent, FTC File
No. 112 3155’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the public
Commission Web site, at https://
www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the
Commission tries to remove individual’s
home contact information from
comments before placing them on the
Commission Web site.
DATES:
E:\FR\FM\24SEN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Notices]
[Pages 58834-58837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23515]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'')
intends to conduct (with parental permission) an online survey of
children, ages 8-16 years, who watch movies, listen to music, and/or
play game applications (``apps'') on smartphones, Internet-accessible
handheld devices, or tablet computers (collectively ``app-capable
mobile devices'') that run either the iOS or Android operating systems.
Before gathering this information, the FTC is seeking public comments
on its proposed consumer research. Comments will be considered before
the FTC submits a request for Office of Management and Budget (``OMB'')
review under the Paperwork Reduction Act (``PRA'').
DATES: Comments must be received on or before November 23, 2012.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: Keith Fentonmiller, (202) 326-2775,
Attorney, Federal Trade Commission, Bureau of Consumer Protection,
Division of Advertising Practices, 600 Pennsylvania Ave. NW.,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
Background
In September 2000, the Commission issued a report requested by the
President and Congress entitled, Marketing Violent Entertainment to
Children: A Review of Self-Regulation and Industry Practices in the
Motion Picture, Music Recording & Electronic Game Industries.\1\ The
2000 Report examined the structure and operation of each industry's
self-regulatory program, parental familiarity with and use of those
systems, and whether the industries had marketed violent entertainment
products in a manner inconsistent with their own parental advisories.
The Commission found that industry members routinely targeted children
in their advertising and marketing of violent entertainment products
and that children under age 17 could purchase these products relatively
easily. The Commission called upon the industries to strengthen their
self-regulatory programs by: (1) Prohibiting target-marketing to
children and imposing sanctions for violations; (2) improving self-
regulatory programs at the retail level; and (3) increasing parental
awareness of the ratings and labels.
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\1\ Available at https://www.ftc.gov/reports/violence/vioreport.pdf (hereafter ``2000 Report'').
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The Commission issued follow-up reports to assess changes in
industry practices in April 2001,\2\ December
[[Page 58835]]
2001,\3\ June 2002,\4\ July 2004,\5\ and April 2007.\6\ Those reports
found less marketing of violent R-rated films \7\ and M-rated video
games \8\ to children, but little change in marketing practices for
explicit-content music.\9\ The latest report, issued in December
2009,\10\ recommended that all three industries tighten restrictions on
child-directed online and viral marketing of violent content, and
improve their display of rating information in advertising and on
packaging. The Commission further recommended that the movie and music
industries develop specific and objective criteria to restrict the
marketing of violent movies (both R- and PG-13-rated) and explicit-
content music to children. Additionally, consumer research sponsored by
the Commission showed that the movie industry needs to better inform
parents about additional adult content in unrated DVDs based on films
that were rated R for theaters. Finally, although there was improvement
in retail enforcement of the entertainment ratings, the Commission
noted that all three industries could do better.\11\
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\2\ Available at https://www.ftc.gov/reports/violence/violence010423.pdf.
\3\ Available at https://www.ftc.gov/os/2001/12/violencereport1.pdf.
\4\ Available at https://www.ftc.gov/reports/violence/mvecrpt0206.pdf.
\5\ Available at https://www.ftc.gov/os/2004/07/040708kidsviolencerpt.pdf.
\6\ Available at https://www.ftc.gov/reports/violence/070412MarketingViolentEChildren.pdf.
\7\ The motion picture rating system is a joint venture between
the Motion Picture Association of America (``MPAA'') and the
National Association of Theatre Owners (``NATO''). The MPAA's
Classification and Ratings Administration (``CARA'') assigns one of
five ratings to a movie: ``G General Audiences,'' ``PG Parental
Guidance Suggested,'' ``PG-13 Parents Strongly Cautioned,'' ``R
Restricted,'' or ``NC-17 No One Under 17 Admitted.'' See NATO, The
Move Ratings System, available at https://www.natoonline.org/ratingsabout.htm. Each film assigned a rating other than G also
receives a brief explanation for the film's rating, e.g., ``Rated R
for terror, violence and language,'' or ``Rated PG-13 for intense
sci-fi violence, some sexuality and brief nudity.''
\8\ The Entertainment Software Rating Board (ESRB) assigns
computer and video games one of six rating symbols: EC (Early
Childhood), E (Everyone), E10+ (Everyone 10 and older), T (Teen), M
(Mature), or AO (Adults Only). See ESRB, Game Ratings & Descriptor
Guide, available at https://www.esrb.org/ratings/ratings_guide.jsp.
Titles rated AO (Adults Only) have content that should only be
played by persons 18 years and older. Titles rated M (Mature) have
content that may be suitable for persons ages 17 and older. Titles
rated T (Teen) have content that may be suitable for ages 13 and
older. In addition to the rating symbol, which suggests the age-
appropriateness for the game, the ESRB assigns content descriptors
that indicate elements in a game that may have triggered a
particular rating and/or may be of interest or concern (e.g.,
``Intense Violence'' or ``Sexual Themes'').
\9\ A record company may assign a Parental Advisory Label
(``PAL'') to a recording to alert parents to explicit lyrics, and to
provide notice to consumers that these recordings may contain strong
language or references to violence, sex, or substance abuse. See
Recording Industry Association of America, Parental Advisory,
available at https://riaa.org/toolsforparents.php?content_selector=parental_advisory. The PAL indicates only that the
recording contains explicit content. It does not inform consumers
about the specific type of explicit content that triggered the PAL,
although one company (Sony Music Entertainment) uses an enhanced PAL
that provides such additional information (e.g., ``Strong Language''
or ``Sexual Content''). The music industry has not defined the PAL
to mean that an explicit-content recording is inappropriate for any
particular age group. As a result, most retailers do not restrict
the sale of explicit-content music to children. See 2009 Report,
infra note 10, at App. A-1.
\10\ Available at https://www.ftc.gov/os/2009/12/P994511violententertainment.pdf (hereafter ``2009 Report'').
\11\ The results of the Commission's undercover shopper survey
published in 2011 demonstrated further progress in ratings
enforcement. See FTC, FTC Undercover Shopper Survey on Enforcement
of Entertainment Ratings Finds Compliance Worst for Retailers of
Music CDs and the Highest Among Video Game Sellers (Apr. 20, 2011),
available at https://www.ftc.gov/opa/2011/04/violentkidsent.shtm.
That survey found that 64% of underage shoppers were able to
purchase explicit-content music CDs, down slightly from 2009. Movie
theaters demonstrated no statistically significant change in ratings
enforcement at the box office, whereas DVD retailers meaningfully
improved their ratings enforcement with respect to R-rated DVDs and
unrated DVDs based on movies that were rated R for theaters.
Finally, 13% of underage shoppers were able to buy M-rated video
games, a statistically significant improvement from the 20% purchase
rate in 2009.
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The 2009 Report also observed that consumers, including children
under 17, were increasingly renting or buying movies to view on mobile
devices such as Apple's iPod touch and iPhone.\12\ At that time, Apple
had just updated the parental control features on its iOS mobile
platform to allow parents to limit downloadable movies based on the
MPAA rating, music labeled as explicit, and apps based on Apple's age-
based designations (e.g., ``Rating 4+,'' ``Rated 9+,'' ``Rated 12+,''
``Rated 17+'').\13\ Some mobile carriers also provided--and continue to
provide--their own mobile content ratings that parents may use to
restrict access to apps, R-rated movies, or explicit-content music.\14\
Although noting that these systems should assist parents in monitoring
their children's consumption of mobile content, the Commission's 2009
Report expressed some concern about potential consumer confusion over
the proliferation of different mobile content rating systems.\15\
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\12\ 2009 Report, supra note 10, at 15.
\13\ Id. at 29.
\14\ Id. Compare https://parentalcontrolcenter.com/#_self (for
Verizon service; parental controls will not work when device is
connected through WiFi); and https://support.sprint.com/support/article/Learn_more_about_setting_Wireless_Web_Access_Parental_Controls/case-wh164052-20091229-155228?INTNAV=SU:SP:MVT
(for Sprint service; permits parents to restrict children's access
to material that ``is considered to be appropriate for all ages'');
with https://www.att.net/smartcontrols-WirelessParentalControls#none
(for AT&T service; parental controls will not work with smartphones,
tablets, or devices in WiFi mode; content restrictions not age-
based).
\15\ 2009 Report, supra note 10, at 29.
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In December 2010, the Android Market (now known as Google Play)
began requiring developers to rate the content of their mobile
apps.\16\ As a result, parents now may be able to restrict their
children's access to Android-based apps according to four ``maturity
levels'': Everyone, Low maturity, Medium maturity, and High
maturity.\17\ Further, in November 2011, CTIA--The Wireless Association
and the ESRB announced a new rating system that six mobile application
storefronts (AT&T, Microsoft, Sprint, T-Mobile USA, U.S. Cellular, and
Verizon Wireless) agreed to support as part of their application
submission (or onboarding) process.\18\ Once this system is
implemented, developers will submit a short, detailed questionnaire and
instantly receive an age-based ESRB rating icon for their app that they
will be able to use across participating mobile storefronts.
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\16\ https://android-developers.blogspot.com/2010/11/content-rating-for-android-market.html (accessed June 11, 2012).
\17\ https://support.google.com/googleplay/android-developer/bin/answer.py?hl=en&answer=188189 (accessed June 11, 2012); https://support.google.com/googleplay/bin/answer.py?hl=en&answer=1075738&topic=245026 (accessed June 11,
2012).
\18\ CTIA--The Wireless Association, CTIA--The Wireless
Association and ESRB Announce Mobile Application Rating System (Nov.
29, 2011), available at https://www.ctia.org/media/press/body.cfm/prid/2147.
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A recent Commission staff report observed that the market for apps
playable on app-capable smartphones, tablet computers, and other
Internet-accessible handheld devices (e.g., the iPod Touch) has
experienced explosive growth in the three years since the Commission's
2009 Report.\19\ As of February 2012, there were more than 500,000 apps
in the Apple App store and 380,000 apps in the Google Play marketplace.
The report noted that young children and teens are increasingly
embracing smartphone technology for entertainment and educational
purposes. Further, a recent online survey conducted by the NPD Group
showed that children ages 2 to 14 use a tablet, iPod Touch, or
smartphone an average of five days a week (nearly an hour a day), and
that these devices have an average of twelve apps.\20\
[[Page 58836]]
Gaming is the most popular type of app, followed by listening to or
downloading music. Although most of these apps are free, the top
categories of purchased apps are gaming, education, and movies. An
earlier NPD Group survey showed that children are spending an
increasingly greater share of their money on downloadable content,
mostly music and movies.\21\
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\19\ FTC Staff Report, Mobile Apps for Kids: Current Privacy
Disclosures are Disappointing, at 1 (Feb. 2012), available at https://www.ftc.gov/os/2012/02/120216mobile_apps_kids.pdf.
\20\ NPD Group, An Average of 12 Downloaded Apps Are Currently
on Mobile Devices Used by Kids (May 22, 2012), available at https://www.npd.com/wps/portal/npd/us/news/pressreleases/pr_120522; see
also Anton Troianovski, Spencer Ante, & Jessica Vascellaro, Mom,
Please Feed My Apps!, The Wall Street Journal (June 8, 2012),
(``About 60% of children 8 to 11 years old interviewed recently by
the research firm KidSay said that they used phone apps, up from 40%
a year ago.''), available at https://online.wsj.com/article/
SB10001424052702303753904577452341745766920.html?KEYWORDS=feed+my+app
s.
\21\ NPD Group, Downloading Entertainment Content Is on the Rise
with Kids (Oct. 4, 2011), available at https://www.npd.com/wps/portal/npd/us/news/pressreleases/pr_111004.
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Although children (like consumers generally) increasingly are
purchasing or playing movies, music, and games on app-capable mobile
devices, no commercially available data quantify children's consumption
of mobile content that is rated or labeled as potentially inappropriate
for them; assess whether and to what extent the various content rating
systems impact their ability to purchase or play such content; or
measure the content restrictions imposed by parents, including through
technology-based parental control mechanisms. Accordingly, the
Commission proposes to conduct (with parental permission) a survey of
children ages 8-16 years who use the most common app-capable mobile
devices--those that run the iOS or Android platforms.\22\ The
Commission expects that the survey results will help inform its policy
recommendations in its next report on the marketing of violent
entertainment to children.
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\22\ As of April 2012, Google's Android and Apple's iOS mobile
platforms were operating on more than 80% of all smartphones, and
accounted for nine out of ten new smartphone sales during the fourth
quarter of 2011. See comScore, comScore Reports April 2012 U.S.
Mobile Subscriber Market Share (June 1, 2012), available at https://www.comscore.com/Press_Events/Press_Releases/2012/6/comScore_Reports_April_2012_U.S._Mobile_Subscriber_Market_Share; NPD
Group, Apple Leads Mobile Handsets in Q4 2011, But Android Attracts
More First-Time Smartphone Buyers (Feb. 6, 2012), available at
https://www.npd.com/wps/portal/npd/us/news/pressreleases/pr_120206.
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Applicability of Paperwork Reduction Act
Under the PRA and implementing OMB regulations, federal agencies
must obtain approval from OMB for each ``collection of information''
they conduct or sponsor if posed to ten or more entities within any
twelve-month period. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). ``Collection
of information'' means agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. 44 U.S.C. 3501(3); 5 CFR 1320.3(c).
The staff anticipates conducting an online survey of 900
respondents drawn from a nationally representative pool. Thus, before
the Commission can conduct the study, it must obtain OMB clearance. See
44 U.S.C. 3507(a), 3502(3).
Request for Comments
The FTC invites comments on: (1) Whether the proposed collections
of information are necessary for the proper performance of the
functions of the FTC, including whether the information will have
practical utility; (2) the accuracy of the FTC's estimate of the burden
of the proposed collections of information; (3) ways to enhance the
quality, utility, and clarity of the information to be collected; and
(4) ways to minimize the burden of collecting information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. All comments should be filed as prescribed
below, and must be received on or before September 24, 2012.
Please also note that because your comment will be made public, you
are solely responsible for ensuring that it does not include any
sensitive personal information, such as any individual's Social
Security number, date of birth, driver's license number or other state
identification number or foreign country equivalent, passport number,
financial account number, or credit or debit card number. It is also
your own responsibility to ensure that your comment does not include
any sensitive health information, such as medical records or other
individually identifiable health information. Your comment also should
not include any ``[t]rade secret or any commercial or financial
information * * * which is privileged or confidential.'' See Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). No comment, whether it contains such material or not, will
be given confidential treatment unless the comment has been filed with
the FTC Secretary; the comment is accompanied by a written
confidentiality request that complies fully with FTC Rule 4.9(c), 16
CFR 4.9(c); and the General Counsel, in his or her sole discretion, has
determined to grant the request in accordance with applicable law and
the public interest.
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comment
in electronic form. To ensure that the Commission considers an
electronic comment, you must file it on the web-based form at the web
link: https://ftcpublic.commentworks.com/ftc/mobileappssurveypra. If
this Notice appears at https://www.regulations.gov/search/index.jsp, you
may also file an electronic comment through that Web site. The
Commission will consider all comments that regulations.gov forwards to
it. You may also visit the FTC Web site at https://www.ftc.gov to read
the Notice.
A comment filed in paper form should include the ``Entertainment
Industry Study: FTC File No. P994511'' reference both in the text and
on the envelope, and should be mailed or delivered to the following
address: Federal Trade Commission, Office of the Secretary, Room H-113
(Annex J), 600 Pennsylvania Avenue NW., Washington, DC 20580. The FTC
is requesting that any comment filed in paper form be sent by courier
or overnight service, if possible, because U.S. postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions.
The FTC Act and other laws the Commission administers permit the
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC Web
site, to the extent practicable, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission makes
every effort to remove home contact information for individuals from
the public comments it receives before placing those comments on the
FTC Web site. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at https://www.ftc.gov/ftc/privacy.shtm.
Description of the Collection of Information and Proposed Use
With the assistance of a consumer research firm (hereafter ``the
Contractor''), the FTC will develop a draft questionnaire for use in an
online
[[Page 58837]]
survey of children ages 8-16 (with parental permission) drawn from a
nationally representative pool. The panel will consist of 100
respondents for each of the nine age groups between ages 8 and 16,
inclusive (900 total respondents). The Contractor will screen the
potential respondents for those who (a) own or have access to a mobile
device (i.e., a smartphone, an Internet-accessible handheld device like
an iPod Touch, or a tablet computer) that runs either the iOS or
Android operating system and (b) either watch movies, listen to music,
and/or play game apps on that device.
The study questionnaire will relate to the movies, music, and game
apps that 8-16 year old children play on those devices, as well as the
rating or labeling systems applicable to each of those media. The
questionnaire will consist of a mixture of open-ended and closed-ended
questions, and it is estimated to take 10 minutes to complete. The
questions will focus on:
Awareness of movies, music, and game apps rated or labeled
as potentially inappropriate for the user's age;
Awareness of parental controls on their devices that could
prevent access to content rated or labeled as potentially inappropriate
for the user's age;
Consumption of movies, music, and games apps rated or
labeled as potentially inappropriate for the user's age;
Usage of rating or labeling systems when acquiring movie,
music, or game app content;
Ability to bypass or modify parental controls for movies,
music, or game app content;
Estimation of percentage of content on their personal
device that is rated or labeled as potentially inappropriate for the
user's age;
Estimation of percentage of time spent on content rated
that is or labeled as potentially inappropriate for the user's age,
relative to all other content;
Estimation of dollars spent on content that is rated or
labeled as potentially inappropriate for the user's age, relative to
all other content; and
Restrictions, if any, that parents impose on their
children's purchase or use of content that is rated or labeled as
potentially inappropriate for the user's age
The results of the survey will be published in the FTC's next
public report on the marketing of entertainment violence to children.
Estimated Hours Burden: 267 Hours.
The Contractor conducting the consumer research will recruit a
stratified sample of 900 children ages 8 to 16 (with parental
permission) who watch movies, listen to music, and/or play game apps on
mobile devices (i.e., smartphones, Internet-accessible handheld devices
like an iPod Touch, or tablet computers) that run either the iOS or
Android operating system. The Contractor will use a screening (quota)
methodology from an existing Internet panel, or respondents recruited
using protocols utilizing probability sampling procedures or other
commonly accepted sampling techniques. The FTC staff estimates that the
screening questions should take respondents no more than 60 seconds to
complete. The screening questions will be asked of approximately 7,000
respondents to provide a large enough random sample for the surveys.
Cumulatively, screening should require a maximum of 117 hours (7,000
total respondents x 1 minute for each). After completing the screener,
answering the surveys will impose a burden per respondent of
approximately 10 minutes, totaling 150 hours for all respondents to the
surveys (900 respondents x 10 minutes per survey). Thus, the total
hours burden attributable to the consumer research is approximately 267
hours (117 hours for the screener + 150 hours for the survey).
Estimated Cost Burden: $0.
The cost per respondent should be negligible. Participation is
voluntary, and will not require any labor expenditures by respondents.
There are no capital, start-up, operation, maintenance, or other
similar costs to the respondents.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-23515 Filed 9-21-12; 8:45 am]
BILLING CODE 6750-01-P
