Inquiry Regarding Video Description in Video Programming Distributed on Television and on the Internet, 40421-40424 [2013-16019]
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Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Proposed Rules
unjust and unreasonable practices on
the part of TRS providers, it would not
likely impose additional regulatory
compliance obligations on TRS
providers, including small entities,
because a prohibition on unjust and
unreasonable practices is implicit in the
current TRS requirements.
118. If the Commission were to
terminate the ‘‘guest user’’ procedure for
VRS, which requires VRS providers to
provide temporary service to users
while verification of the user’s
eligibility is pending, the change in
rules would not impose new
compliance requirements on VRS
providers, including small entities,
because VRS providers are already
required to refuse service to unqualified
individuals. The new requirements
would simply expand the circumstances
under which individuals would be
denied service.
119. If the Commission were to
explicitly require that, if a VRS provider
offers a video mail feature to its
customers, the provider must ensure
that video mail messages can be left by
video point-to-point callers who are
customers of other VRS providers and
are using access technology provided by
such other providers, VRS providers,
including small entities, would be
obligated to comply with such
regulations. However, such regulations
would benefit small entities because the
regulations would enhance the ability of
small entities to compete by ensuring
that point-to-point callers using the
services of all VRS providers, including
small entities, would be able to leave
video mail messages with consumers
using any VRS provider.
120. If the Commission were to
prohibit non-competition agreements in
VRS CA employment contracts, VRS
providers, including small entities,
would be obligated to comply with such
regulations and would be subject to
additional recordkeeping and reporting
requirements if the Commission were to
require that such information be
included with certification applications
and/or annual reports. However, such
regulations would benefit small entities
because the regulations would enhance
the ability of small entities to compete
by ensuring that all VRS providers,
including small entities, would be able
to hire VRS CAs without the pool of
available VRS CAs being limited by
non-competition agreements.
121. If the Commission were to permit
VRS CAs to work from home during the
overnight hours, it would reduce the
regulatory burdens on VRS providers,
including small entities, because VRS
providers, including small entities,
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would be afforded more flexibility with
VRS CA staffing.
Ordering Clauses
Pursuant to sections 1, 2, 4(i), (j), 225,
251 254 and 303(r), of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), (j) and
(o), 225, 251, 254 and 303(r), document
FCC 13–82 is adopted.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
document FCC 13–82 including the
Initial Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 64
Individuals with disabilities,
Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2013–15925 Filed 7–2–13; 11:15 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 79
[MB Docket No. 11–43; DA 13–1438]
Inquiry Regarding Video Description in
Video Programming Distributed on
Television and on the Internet
Federal Communications
Commission.
ACTION: Proposed rule; solicitation of
comments.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) solicits public comment
on issues related to video description in
video programming that is delivered via
both television and the Internet. The
comments received in response to these
inquiries will inform a report to
Congress required by the CVAA on the
status, benefits, and costs of video
description on television and Internetprovided video programming, which
must be completed no later than July 1,
2014.
DATES: Comments may be filed on or
before September 4, 2013, and reply
comments may be filed on or before
October 2, 2013.
ADDRESSES: You may submit comments,
identified by MB Docket No. 11–43, by
any of the following methods:
SUMMARY:
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• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
fjallfoss.fcc.gov/ecfs2/. Follow the
instructions for submitting comments.
• Mail: Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Maria Mullarkey,
Maria.Mullarkey@fcc.gov, of the Policy
Division, Media Bureau, (202) 418–
2120.
This is a
summary of the Commission’s Public
Notice in MB Docket No. 11–43, DA 13–
1438, released on June 25, 2013. The
full text of this document is available for
public inspection and copying during
regular business hours in the FCC
Reference Center, Federal
Communications Commission, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. This document
will also be available via ECFS at
https://fjallfoss.fcc.gov/ecfs/. Documents
will be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.
The complete text may be purchased
from the Commission’s copy contractor,
445 12th Street SW., Room CY–B402,
Washington, DC 20554. Alternative
formats are available for people with
disabilities (Braille, large print,
electronic files, audio format), by
sending an email to fcc504@fcc.gov or
calling the Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
Summary
1. By the Public Notice, the Media
Bureau seeks comment on video
description of video programming that
is delivered via both television and the
Internet. Pursuant to the Twenty-First
Century Communications and Video
Accessibility Act of 2010 (‘‘CVAA’’), the
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Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Proposed Rules
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Commission released a Report and
Order 1 on August 25, 2011, published
at 76 FR 55585, September 8, 2011,
reinstating the video description rules
previously vacated by the U.S. Court of
Appeals for the District of Columbia
Circuit.2 Under the reinstated rules,
certain television broadcast stations and
MVPDs have an obligation to provide
video description for a portion of the
video programming 3 that they offer to
consumers. Video description is ‘‘[t]he
insertion of audio narrated descriptions
of a television program’s key visual
elements into natural pauses between
the program’s dialogue.’’ 4 It makes
video programming accessible to
individuals who are blind or visually
impaired. The Media Bureau seeks
comment on specific inquiries related to
video description in video programming
that is delivered via both television and
the Internet, as the CVAA requires.5 The
comments received in response to these
inquiries will inform a report to
Congress required by the CVAA on the
status, benefits, and costs of video
description on television and Internetprovided video programming, which
must be completed no later than July 1,
2014.6
2. Background. The video description
rules require commercial television
broadcast stations that are affiliated
with one of the top four commercial
television broadcast networks and are
located in the top 25 television markets
1 Video Description: Implementation of the
Twenty-First Century Communications and Video
Accessibility Act of 2010, Report and Order, 26 FCC
Rcd 11847 (2011) (‘‘2011 Video Description
Order’’). See 47 U.S.C. 613(f)(1)–(2).
2 In 2000, the Commission adopted rules
requiring certain broadcasters and multichannel
video programming distributors (‘‘MVPDs’’) to carry
programming with video description. See
Implementation of Video Description of Video
Programming, Report and Order, 15 FCC Rcd 15230
(2000) (‘‘2000 Video Description Order’’). The D.C.
Circuit vacated the rules five months after they
went into effect, on the ground that the Commission
lacked authority to promulgate video description
rules. Motion Picture Ass’n of Am., Inc. v. FCC, 309
F.3d 796 (D.C. Cir. 2002).
3 In this context, ‘‘video programming’’ is defined
as ‘‘[p]rogramming provided by, or generally
considered comparable to programming provided
by, a television broadcast station, but not including
consumer-generated media.’’ 47 CFR 79.3(a)(4).
4 Id. 79.3(a)(3).
5 47 U.S.C. 613(f)(3)(A)–(B). Congress directed the
Commission to ‘‘commence the . . . inquiries not
later than 1 year after the completion of the phasein of the reinstated regulations. . . .’’ Id. 613(f)(3).
Broadcasters and MVPDs were required to be in full
compliance with the video description rules
beginning on July 1, 2012. See 2011 Video
Description Order, 26 FCC Rcd at 11864, para. 34.
Thus, the inquiries must be commenced no later
than July 1, 2013.
6 47 U.S.C. 613(f)(3) (requiring the Commission to
report to Congress two years after the completion
of the phase-in of the reinstated video description
rules on the findings for the inquiries set forth in
this section).
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to provide 50 hours per calendar quarter
of video-described prime time or
children’s programming.7 In addition,
MVPD systems that serve 50,000 or
more subscribers must provide 50 hours
of video description per calendar
quarter during prime time or children’s
programming on each of the top five
national nonbroadcast networks that
they carry on those systems.8 The rules
also impose video description ‘‘pass
through’’ obligations on all networkaffiliated broadcast stations regardless of
market size,9 and on all MVPDs
regardless of the number of
subscribers.10 Any programming aired
with video description must include
video description if it is re-aired on the
same station or MVPD channel. The
video description rules were reinstated
as of October 8, 2011, and broadcasters
and MVPDs were required to be in full
compliance with the video description
requirements beginning on July 1,
2012.11 Video description services for
television are provided on a secondary
audio stream, and typically a consumer
can access video description through an
on-screen menu provided by the home
television receiver or set-top box. The
Commission recently adopted rules
requiring apparatus that is designed to
7 47 CFR 79.3(b)(1). See 2011 Video Description
Order, 26 FCC Rcd at 11849, para. 4. Beginning July
1, 2015, full-power affiliates of the top four
television broadcast networks located in markets 25
to 60 will also be subject to this requirement. See
47 CFR 79.3(b)(2); 2011 Video Description Order, 26
FCC Rcd at 11856, para. 16.
8 47 CFR 79.3(b)(4). See also 2011 Video
Description Order, 26 FCC Rcd at 11849–50, para.
4. For purposes of the video description rules, the
top five national nonbroadcast networks include
only those that reach 50 percent or more of MVPD
households and have at least 50 hours per quarter
of prime time programming that is not live or nearlive or otherwise exempt under the video
description rules. 47 CFR 79.3(b)(4). See also 2011
Video Description Order, 26 FCC Rcd at 11854–55,
paras. 12–15. Thus, for purposes of the rules, the
top five nonbroadcast networks are USA, the Disney
Channel, TNT, Nickelodeon, and TBS. 2011 Video
Description Order, 26 FCC Rcd at 11854, para. 12.
The list of top five networks will be reviewed every
three years for changes in ratings. Id. at 11857, para.
18.
9 Specifically, any broadcast station affiliated or
otherwise associated with a television network
must pass through video description when it is
provided by the network, if the station has the
technical capability necessary to do so and if that
technology is not being used for another purpose
related to the programming. 47 CFR 79.3(b)(3). See
also 2011 Video Description Order, 26 FCC Rcd at
11850, para. 4.
10 Similarly, MVPD systems of any size must pass
through video description provided by a broadcast
station or nonbroadcast network, if the channel on
which the MVPD distributes the station or
programming has the technical capability necessary
to do so and if that technology is not being used
for another purpose related to the programming. 47
CFR 79.3(b)(5)(i)–(ii). See also 2011 Video
Description Order, 26 FCC Rcd at 11850, para. 4.
11 See 2011 Video Description Order, 26 FCC Rcd
at 11864, para. 34.
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receive, play back, or record video
programming transmitted
simultaneously with sound to make
secondary audio streams available for
video description services.12 Those
rules go into effect on June 24, 2013,
except for the rules that require
approval by the Office of Management
and Budget.13 In a separate rulemaking
proceeding, the Commission recently
issued a Notice of Proposed Rulemaking
seeking comment on issues related to
implementation of Sections 204 and 205
of the CVAA, which generally require
that user interfaces on digital apparatus
used to view video programming, as
well as on-screen text menus and guides
on navigation devices, be accessible to
and usable by individuals who are blind
or visually impaired.14
3. Video Description in Television
Programming. Section 713(f)(3)(A) of
the Communications Act of 1934 as
amended (the ‘‘Communications Act’’),
as added by the CVAA, directs the
Commission to inquire about the
following specific issues related to
video description in television
programming:
• The availability, use, and benefits of
video description on video
programming distributed on television;
• The technical and creative issues
associated with providing such video
description; and
• The financial costs of providing
such video description for providers of
12 See Accessible Emergency Information, and
Apparatus Requirements for Emergency
Information and Video Description: Implementation
of the Twenty-First Century Communications and
Video Accessibility Act of 2010; Video Description:
Implementation of the Twenty-First Century
Communications and Video Accessibility Act of
2010, Report and Order and Further Notice of
Proposed Rulemaking, 28 FCC Rcd 4871, 4907,
para. 49 (2013) (‘‘Emergency Information/Video
Description Order’’). Covered entities must comply
with the apparatus rules by May 26, 2015.
13 See Public Notice, Notice of Effective Date of
New Emergency Information Rules and Emergency
Information/Video Description Apparatus Rules
and Announcement of Comment and Reply
Comment Deadlines for Related Further Notice of
Proposed Rulemaking, DA 13–1240 (rel. May 29,
2013) (‘‘Effective Date PN’’).
14 See Accessibility of User Interfaces, and Video
Programming Guides and Menus, Notice of
Proposed Rulemaking, MB Docket No. 12–108, FCC
13–77 (rel. May 30, 2013) (‘‘User Interfaces/
Programming Guides NPRM’’). The User Interfaces/
Programming Guides NPRM also seeks comment on
the statutory requirement that certain devices must
provide access to video description features through
a mechanism reasonably comparable to a button,
key, or icon. Id. at 19–20, para. 45. Any comments
relating to these issues should be filed in MB
Docket No. 12–108. Comments are due July 15,
2013, and reply comments are due August 7, 2013.
See Public Notice, Media Bureau Announces
Comment and Reply Comment Deadlines for the
Notice of Proposed Rulemaking Regarding
Accessibility of User Interfaces and Video
Programming Guides/Menus and Establishes
Schedule for Ex Parte Meetings, DA 13–1398 (rel.
June 18, 2013).
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Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Proposed Rules
video programming and program
owners.15
In accordance with Congress’ directive,
we request comment on each of the
issues set forth above, including
information on pertinent developments
since the video description rules were
reinstated in October 2011. Specifically,
we solicit data on the amount of videodescribed programming that is currently
available to consumers on television, as
well as the types of programming that
are provided with video description. We
seek comment on both programming
that is video-described by covered
entities to comply with the
Commission’s rules and programming
that is video-described voluntarily. How
much video-described programming is
being provided voluntarily? We also
seek comment on the extent to which
consumers use video description
services when viewing television
programming, as well as the benefits to
consumers of such services, including
whether the benefits of video
description extend to audiences without
visual disabilities. Is the availability of
video description indicated in program
guides or other sources? 16 If it is, is it
indicated audibly, and is there a
common industry method to indicate
that the program is video-described?
4. We seek comment on any technical
or creative issues involved with the
provision of video-described television
programming, whether related to the
creation, distribution, or viewing of
such programming. We request
information regarding the costs of
providing video description for video
programming on television. What
financial costs have been incurred by
program owners and video
programming providers and
distributors, particularly large market
broadcast affiliates and large MVPDs
that are currently subject to the
requirements, to create and distribute
video-described programming? What
financial costs, if any, have been
incurred by network-affiliated broadcast
stations and MVPDs to comply with the
video description pass through
requirements? We further ask
commenters to provide information on
any other relevant legal and policy
issues regarding the provision of video
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15 47
U.S.C. 613(f)(3)(A).
2011 Video Description Order, 26 FCC Rcd
at 11871–72, para. 51 (declining, at that time, ‘‘to
require that the availability of video description on
certain programs be publicized in a certain
manner,’’ but stating the Commission’s expectation
‘‘that programmers, stations, and systems will
provide this information to viewers in an accessible
manner, including on their Web sites and to
companies that publish television listings
information’’). See also User Interfaces/
Programming Guides NPRM at 19–20, paras. 45–46.
16 See
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description in television programming
that can help inform the Commission’s
report to Congress.
5. In the 2011 Video Description
Order, the Commission also indicated
that it would revisit the need for
providing an exception to the video
description pass through
requirements 17 and to the requirements
applicable to subsequent airings of
programs 18 when the technology used
to provide video description is being
used for other program-related
content.19 At that time, the Commission
explained that eliminating the exception
may lead covered entities to replace
other program-related content (e.g.,
foreign language audio) with video
description on the secondary audio
stream or, alternatively, to provide
video description on a third audio
stream tagged in a particular manner
(e.g., ‘‘visually impaired’’), which could
make it difficult for consumers to
access.20 We seek comment on whether
we should revisit the need for an
exception for other program-related
content. We note that the Commission
has already addressed issues regarding
the capacity to provide more than one
audio stream in the Emergency
Information/Video Description Order
and concluded that it should not
mandate more than two audio streams.21
Apparatus are required to make video
description available only on a
secondary audio stream.22 Further, in
the Emergency Information/Video
Description Order, the Commission
adopted rules requiring that emergency
information provided on a secondary
audio stream supersede all other
programming on the secondary audio
stream, including video description.23
supra notes 9–10.
47 CFR 79.3(c)(3)–(4) (requiring certain
television stations and MVPDs to include video
description on subsequent airings for programs that
have already aired with video description, ‘‘unless
it is using the technology used to provide video
description for another purpose related to the
programming that would conflict with providing
the video description’’).
19 See 2011 Video Description Order, 26 FCC Rcd
at 11863, para. 31.
20 See id. In the Further Notice of Proposed
Rulemaking (‘‘FNPRM’’) adopted with the
Emergency Information/Video Description Order,
the Commission inquires whether an audio stream
containing video description should include a
particular tag (e.g., ‘‘VI’’). See Emergency
Information/Video Description Order, 28 FCC Rcd
at 4928–29, para. 85. Any comments relating to this
issue should be filed in MB Docket Nos. 12–107,
11–43. Comments are due July 23, 2013, and reply
comments are due August 22, 2013. Effective Date
PN at 1.
21 See Emergency Information/Video Description
Order, 28 FCC Rcd at 4882–83, para. 14.
22 See id. at 4907, para. 49.
23 See id. at 4892–94, para. 26.
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17 See
18 See
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We are not seeking to revisit these
issues here.
6. Video Description in Video
Programming Distributed on the
Internet. Section 713(f)(3)(B) of the
Communications Act also directs the
Commission to make the following
inquiry related to video description in
video programming distributed on the
Internet:
• The technical and operational
issues, costs, and benefits of providing
video descriptions for video
programming that is delivered using
Internet protocol (‘‘IP’’).24
In accordance with Congress’ directive,
we seek comment on the inquiry set
forth above. We note that the
Commission’s video description
regulations require video description
only by certain television broadcast
stations and MVPDs and that, at this
time, the requirements do not apply to
IP-delivered video programming that is
not otherwise an MVPD service.25 What
technical and operational issues are
involved with providing video
descriptions for IP-delivered video
programming? As noted above, the
Commission recently adopted rules
requiring certain apparatus to make
secondary audio streams available for
video description services.26 Are there
other technologies or functionalities that
must be developed to accommodate the
delivery of video-described
programming on the Internet and to
make such programming accessible to
individuals who are blind or visually
impaired? 27 What are the costs of
providing video description for IPdelivered video programming and what
are the benefits to consumers of making
video-described programming available
on the Internet? We also seek comment
on the feasibility of enforcing video
description requirements for IPdelivered video programming that is not
provided by broadcast stations or
MVPDs. We further ask commenters to
24 47
U.S.C. 613(f)(3)(B).
the pending FNPRM, the Commission is
seeking comment on whether an MVPD system
must comply with the video description rules when
it permits its subscribers to access linear video
programming via tablets, laptops, personal
computers, smartphones, or similar devices. See
Emergency Information/Video Description Order,
28 FCC Rcd at 4927–28, paras. 83–84. Any
comments relating to these issues should be filed
in MB Docket Nos. 12–107, 11–43. See supra note
20.
26 Id. at 4907, para. 49.
27 See, e.g., Second Report of the Video
Programming Accessibility Advisory Committee on
the Twenty-First Century Communications and
Video Accessibility Act of 2010: Video Description,
at 27–28 (Apr. 9, 2012), available at https://vpaac.
wikispaces.com/file/view/120409+VPAAC+Video+
Description+REPORT+AS+SUBMITTED+4-92012.pdf.
25 In
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provide information on any other
relevant legal and policy issues
regarding the provision of video
description on video programming
distributed on the Internet that can help
inform the Commission’s report to
Congress.
7. Permit-but-Disclose. The
proceeding shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance
with the Commission’s ex parte rules.28
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda, or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
§ 1.1206(b). In proceedings governed by
§ 1.49(f) or for which the Commission
has made available a method of
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28 47
29 See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
CFR 1.1200 et seq.
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electronic filing, written ex parte
presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
8. Comments and Replies. Interested
parties may file comments and reply
comments on or before the dates
indicated on the first page of this
document. Comments and Reply
Comments may be filed using the
Commission’s Electronic Comment
Filing System (‘‘ECFS’’).29
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th Street SW., Room TW–A325,
Washington, DC 20554. The filing hours
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are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
9. Availability of Documents.
Comments, reply comments, and ex
parte submissions will be available for
public inspection during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street SW., CY–
A257, Washington, DC 20554. These
documents will also be available via
ECFS. Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat.
10. People with Disabilities. To
request materials in accessible formats
for people with disabilities (Braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the FCC’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
11. Additional Information. For
additional information on this
proceeding, contact Maria Mullarkey,
Maria.Mullarkey@fcc.gov, of the Media
Bureau, Policy Division, (202) 418–
2120. Press contact: Janice Wise (202–
418–8165; Janice.Wise@fcc.gov).
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2013–16019 Filed 7–3–13; 8:45 am]
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Agencies
[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Proposed Rules]
[Pages 40421-40424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16019]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 79
[MB Docket No. 11-43; DA 13-1438]
Inquiry Regarding Video Description in Video Programming
Distributed on Television and on the Internet
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; solicitation of comments.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) solicits public comment on issues related to video
description in video programming that is delivered via both television
and the Internet. The comments received in response to these inquiries
will inform a report to Congress required by the CVAA on the status,
benefits, and costs of video description on television and Internet-
provided video programming, which must be completed no later than July
1, 2014.
DATES: Comments may be filed on or before September 4, 2013, and reply
comments may be filed on or before October 2, 2013.
ADDRESSES: You may submit comments, identified by MB Docket No. 11-43,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web site: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting
comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Maria Mullarkey,
Maria.Mullarkey@fcc.gov, of the Policy Division, Media Bureau, (202)
418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice in MB Docket No. 11-43, DA 13-1438, released on June 25, 2013.
The full text of this document is available for public inspection and
copying during regular business hours in the FCC Reference Center,
Federal Communications Commission, 445 12th Street SW., Room CY-A257,
Washington, DC 20554. This document will also be available via ECFS at
https://fjallfoss.fcc.gov/ecfs/. Documents will be available
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. The
complete text may be purchased from the Commission's copy contractor,
445 12th Street SW., Room CY-B402, Washington, DC 20554. Alternative
formats are available for people with disabilities (Braille, large
print, electronic files, audio format), by sending an email to
fcc504@fcc.gov or calling the Commission's Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Summary
1. By the Public Notice, the Media Bureau seeks comment on video
description of video programming that is delivered via both television
and the Internet. Pursuant to the Twenty-First Century Communications
and Video Accessibility Act of 2010 (``CVAA''), the
[[Page 40422]]
Commission released a Report and Order \1\ on August 25, 2011,
published at 76 FR 55585, September 8, 2011, reinstating the video
description rules previously vacated by the U.S. Court of Appeals for
the District of Columbia Circuit.\2\ Under the reinstated rules,
certain television broadcast stations and MVPDs have an obligation to
provide video description for a portion of the video programming \3\
that they offer to consumers. Video description is ``[t]he insertion of
audio narrated descriptions of a television program's key visual
elements into natural pauses between the program's dialogue.'' \4\ It
makes video programming accessible to individuals who are blind or
visually impaired. The Media Bureau seeks comment on specific inquiries
related to video description in video programming that is delivered via
both television and the Internet, as the CVAA requires.\5\ The comments
received in response to these inquiries will inform a report to
Congress required by the CVAA on the status, benefits, and costs of
video description on television and Internet-provided video
programming, which must be completed no later than July 1, 2014.\6\
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\1\ Video Description: Implementation of the Twenty-First
Century Communications and Video Accessibility Act of 2010, Report
and Order, 26 FCC Rcd 11847 (2011) (``2011 Video Description
Order''). See 47 U.S.C. 613(f)(1)-(2).
\2\ In 2000, the Commission adopted rules requiring certain
broadcasters and multichannel video programming distributors
(``MVPDs'') to carry programming with video description. See
Implementation of Video Description of Video Programming, Report and
Order, 15 FCC Rcd 15230 (2000) (``2000 Video Description Order'').
The D.C. Circuit vacated the rules five months after they went into
effect, on the ground that the Commission lacked authority to
promulgate video description rules. Motion Picture Ass'n of Am.,
Inc. v. FCC, 309 F.3d 796 (D.C. Cir. 2002).
\3\ In this context, ``video programming'' is defined as
``[p]rogramming provided by, or generally considered comparable to
programming provided by, a television broadcast station, but not
including consumer-generated media.'' 47 CFR 79.3(a)(4).
\4\ Id. 79.3(a)(3).
\5\ 47 U.S.C. 613(f)(3)(A)-(B). Congress directed the Commission
to ``commence the . . . inquiries not later than 1 year after the
completion of the phase-in of the reinstated regulations. . . .''
Id. 613(f)(3). Broadcasters and MVPDs were required to be in full
compliance with the video description rules beginning on July 1,
2012. See 2011 Video Description Order, 26 FCC Rcd at 11864, para.
34. Thus, the inquiries must be commenced no later than July 1,
2013.
\6\ 47 U.S.C. 613(f)(3) (requiring the Commission to report to
Congress two years after the completion of the phase-in of the
reinstated video description rules on the findings for the inquiries
set forth in this section).
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2. Background. The video description rules require commercial
television broadcast stations that are affiliated with one of the top
four commercial television broadcast networks and are located in the
top 25 television markets to provide 50 hours per calendar quarter of
video-described prime time or children's programming.\7\ In addition,
MVPD systems that serve 50,000 or more subscribers must provide 50
hours of video description per calendar quarter during prime time or
children's programming on each of the top five national nonbroadcast
networks that they carry on those systems.\8\ The rules also impose
video description ``pass through'' obligations on all network-
affiliated broadcast stations regardless of market size,\9\ and on all
MVPDs regardless of the number of subscribers.\10\ Any programming
aired with video description must include video description if it is
re-aired on the same station or MVPD channel. The video description
rules were reinstated as of October 8, 2011, and broadcasters and MVPDs
were required to be in full compliance with the video description
requirements beginning on July 1, 2012.\11\ Video description services
for television are provided on a secondary audio stream, and typically
a consumer can access video description through an on-screen menu
provided by the home television receiver or set-top box. The Commission
recently adopted rules requiring apparatus that is designed to receive,
play back, or record video programming transmitted simultaneously with
sound to make secondary audio streams available for video description
services.\12\ Those rules go into effect on June 24, 2013, except for
the rules that require approval by the Office of Management and
Budget.\13\ In a separate rulemaking proceeding, the Commission
recently issued a Notice of Proposed Rulemaking seeking comment on
issues related to implementation of Sections 204 and 205 of the CVAA,
which generally require that user interfaces on digital apparatus used
to view video programming, as well as on-screen text menus and guides
on navigation devices, be accessible to and usable by individuals who
are blind or visually impaired.\14\
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\7\ 47 CFR 79.3(b)(1). See 2011 Video Description Order, 26 FCC
Rcd at 11849, para. 4. Beginning July 1, 2015, full-power affiliates
of the top four television broadcast networks located in markets 25
to 60 will also be subject to this requirement. See 47 CFR
79.3(b)(2); 2011 Video Description Order, 26 FCC Rcd at 11856, para.
16.
\8\ 47 CFR 79.3(b)(4). See also 2011 Video Description Order, 26
FCC Rcd at 11849-50, para. 4. For purposes of the video description
rules, the top five national nonbroadcast networks include only
those that reach 50 percent or more of MVPD households and have at
least 50 hours per quarter of prime time programming that is not
live or near-live or otherwise exempt under the video description
rules. 47 CFR 79.3(b)(4). See also 2011 Video Description Order, 26
FCC Rcd at 11854-55, paras. 12-15. Thus, for purposes of the rules,
the top five nonbroadcast networks are USA, the Disney Channel, TNT,
Nickelodeon, and TBS. 2011 Video Description Order, 26 FCC Rcd at
11854, para. 12. The list of top five networks will be reviewed
every three years for changes in ratings. Id. at 11857, para. 18.
\9\ Specifically, any broadcast station affiliated or otherwise
associated with a television network must pass through video
description when it is provided by the network, if the station has
the technical capability necessary to do so and if that technology
is not being used for another purpose related to the programming. 47
CFR 79.3(b)(3). See also 2011 Video Description Order, 26 FCC Rcd at
11850, para. 4.
\10\ Similarly, MVPD systems of any size must pass through video
description provided by a broadcast station or nonbroadcast network,
if the channel on which the MVPD distributes the station or
programming has the technical capability necessary to do so and if
that technology is not being used for another purpose related to the
programming. 47 CFR 79.3(b)(5)(i)-(ii). See also 2011 Video
Description Order, 26 FCC Rcd at 11850, para. 4.
\11\ See 2011 Video Description Order, 26 FCC Rcd at 11864,
para. 34.
\12\ See Accessible Emergency Information, and Apparatus
Requirements for Emergency Information and Video Description:
Implementation of the Twenty-First Century Communications and Video
Accessibility Act of 2010; Video Description: Implementation of the
Twenty-First Century Communications and Video Accessibility Act of
2010, Report and Order and Further Notice of Proposed Rulemaking, 28
FCC Rcd 4871, 4907, para. 49 (2013) (``Emergency Information/Video
Description Order''). Covered entities must comply with the
apparatus rules by May 26, 2015.
\13\ See Public Notice, Notice of Effective Date of New
Emergency Information Rules and Emergency Information/Video
Description Apparatus Rules and Announcement of Comment and Reply
Comment Deadlines for Related Further Notice of Proposed Rulemaking,
DA 13-1240 (rel. May 29, 2013) (``Effective Date PN'').
\14\ See Accessibility of User Interfaces, and Video Programming
Guides and Menus, Notice of Proposed Rulemaking, MB Docket No. 12-
108, FCC 13-77 (rel. May 30, 2013) (``User Interfaces/Programming
Guides NPRM''). The User Interfaces/Programming Guides NPRM also
seeks comment on the statutory requirement that certain devices must
provide access to video description features through a mechanism
reasonably comparable to a button, key, or icon. Id. at 19-20, para.
45. Any comments relating to these issues should be filed in MB
Docket No. 12-108. Comments are due July 15, 2013, and reply
comments are due August 7, 2013. See Public Notice, Media Bureau
Announces Comment and Reply Comment Deadlines for the Notice of
Proposed Rulemaking Regarding Accessibility of User Interfaces and
Video Programming Guides/Menus and Establishes Schedule for Ex Parte
Meetings, DA 13-1398 (rel. June 18, 2013).
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3. Video Description in Television Programming. Section
713(f)(3)(A) of the Communications Act of 1934 as amended (the
``Communications Act''), as added by the CVAA, directs the Commission
to inquire about the following specific issues related to video
description in television programming:
The availability, use, and benefits of video description
on video programming distributed on television;
The technical and creative issues associated with
providing such video description; and
The financial costs of providing such video description
for providers of
[[Page 40423]]
video programming and program owners.\15\
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\15\ 47 U.S.C. 613(f)(3)(A).
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In accordance with Congress' directive, we request comment on each of
the issues set forth above, including information on pertinent
developments since the video description rules were reinstated in
October 2011. Specifically, we solicit data on the amount of video-
described programming that is currently available to consumers on
television, as well as the types of programming that are provided with
video description. We seek comment on both programming that is video-
described by covered entities to comply with the Commission's rules and
programming that is video-described voluntarily. How much video-
described programming is being provided voluntarily? We also seek
comment on the extent to which consumers use video description services
when viewing television programming, as well as the benefits to
consumers of such services, including whether the benefits of video
description extend to audiences without visual disabilities. Is the
availability of video description indicated in program guides or other
sources? \16\ If it is, is it indicated audibly, and is there a common
industry method to indicate that the program is video-described?
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\16\ See 2011 Video Description Order, 26 FCC Rcd at 11871-72,
para. 51 (declining, at that time, ``to require that the
availability of video description on certain programs be publicized
in a certain manner,'' but stating the Commission's expectation
``that programmers, stations, and systems will provide this
information to viewers in an accessible manner, including on their
Web sites and to companies that publish television listings
information''). See also User Interfaces/Programming Guides NPRM at
19-20, paras. 45-46.
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4. We seek comment on any technical or creative issues involved
with the provision of video-described television programming, whether
related to the creation, distribution, or viewing of such programming.
We request information regarding the costs of providing video
description for video programming on television. What financial costs
have been incurred by program owners and video programming providers
and distributors, particularly large market broadcast affiliates and
large MVPDs that are currently subject to the requirements, to create
and distribute video-described programming? What financial costs, if
any, have been incurred by network-affiliated broadcast stations and
MVPDs to comply with the video description pass through requirements?
We further ask commenters to provide information on any other relevant
legal and policy issues regarding the provision of video description in
television programming that can help inform the Commission's report to
Congress.
5. In the 2011 Video Description Order, the Commission also
indicated that it would revisit the need for providing an exception to
the video description pass through requirements \17\ and to the
requirements applicable to subsequent airings of programs \18\ when the
technology used to provide video description is being used for other
program-related content.\19\ At that time, the Commission explained
that eliminating the exception may lead covered entities to replace
other program-related content (e.g., foreign language audio) with video
description on the secondary audio stream or, alternatively, to provide
video description on a third audio stream tagged in a particular manner
(e.g., ``visually impaired''), which could make it difficult for
consumers to access.\20\ We seek comment on whether we should revisit
the need for an exception for other program-related content. We note
that the Commission has already addressed issues regarding the capacity
to provide more than one audio stream in the Emergency Information/
Video Description Order and concluded that it should not mandate more
than two audio streams.\21\ Apparatus are required to make video
description available only on a secondary audio stream.\22\ Further, in
the Emergency Information/Video Description Order, the Commission
adopted rules requiring that emergency information provided on a
secondary audio stream supersede all other programming on the secondary
audio stream, including video description.\23\ We are not seeking to
revisit these issues here.
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\17\ See supra notes 9-10.
\18\ See 47 CFR 79.3(c)(3)-(4) (requiring certain television
stations and MVPDs to include video description on subsequent
airings for programs that have already aired with video description,
``unless it is using the technology used to provide video
description for another purpose related to the programming that
would conflict with providing the video description'').
\19\ See 2011 Video Description Order, 26 FCC Rcd at 11863,
para. 31.
\20\ See id. In the Further Notice of Proposed Rulemaking
(``FNPRM'') adopted with the Emergency Information/Video Description
Order, the Commission inquires whether an audio stream containing
video description should include a particular tag (e.g., ``VI'').
See Emergency Information/Video Description Order, 28 FCC Rcd at
4928-29, para. 85. Any comments relating to this issue should be
filed in MB Docket Nos. 12-107, 11-43. Comments are due July 23,
2013, and reply comments are due August 22, 2013. Effective Date PN
at 1.
\21\ See Emergency Information/Video Description Order, 28 FCC
Rcd at 4882-83, para. 14.
\22\ See id. at 4907, para. 49.
\23\ See id. at 4892-94, para. 26.
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6. Video Description in Video Programming Distributed on the
Internet. Section 713(f)(3)(B) of the Communications Act also directs
the Commission to make the following inquiry related to video
description in video programming distributed on the Internet:
The technical and operational issues, costs, and benefits
of providing video descriptions for video programming that is delivered
using Internet protocol (``IP'').\24\
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\24\ 47 U.S.C. 613(f)(3)(B).
In accordance with Congress' directive, we seek comment on the inquiry
set forth above. We note that the Commission's video description
regulations require video description only by certain television
broadcast stations and MVPDs and that, at this time, the requirements
do not apply to IP-delivered video programming that is not otherwise an
MVPD service.\25\ What technical and operational issues are involved
with providing video descriptions for IP-delivered video programming?
As noted above, the Commission recently adopted rules requiring certain
apparatus to make secondary audio streams available for video
description services.\26\ Are there other technologies or
functionalities that must be developed to accommodate the delivery of
video-described programming on the Internet and to make such
programming accessible to individuals who are blind or visually
impaired? \27\ What are the costs of providing video description for
IP-delivered video programming and what are the benefits to consumers
of making video-described programming available on the Internet? We
also seek comment on the feasibility of enforcing video description
requirements for IP-delivered video programming that is not provided by
broadcast stations or MVPDs. We further ask commenters to
[[Page 40424]]
provide information on any other relevant legal and policy issues
regarding the provision of video description on video programming
distributed on the Internet that can help inform the Commission's
report to Congress.
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\25\ In the pending FNPRM, the Commission is seeking comment on
whether an MVPD system must comply with the video description rules
when it permits its subscribers to access linear video programming
via tablets, laptops, personal computers, smartphones, or similar
devices. See Emergency Information/Video Description Order, 28 FCC
Rcd at 4927-28, paras. 83-84. Any comments relating to these issues
should be filed in MB Docket Nos. 12-107, 11-43. See supra note 20.
\26\ Id. at 4907, para. 49.
\27\ See, e.g., Second Report of the Video Programming
Accessibility Advisory Committee on the Twenty-First Century
Communications and Video Accessibility Act of 2010: Video
Description, at 27-28 (Apr. 9, 2012), available at https://vpaac.wikispaces.com/file/view/120409+VPAAC+Video+Description+REPORT+AS+SUBMITTED+4-9-2012.pdf.
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7. Permit-but-Disclose. The proceeding shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules.\28\ Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda, or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule Sec. 1.1206(b). In proceedings governed
by Sec. 1.49(f) or for which the Commission has made available a
method of electronic filing, written ex parte presentations and
memoranda summarizing oral ex parte presentations, and all attachments
thereto, must be filed through the electronic comment filing system
available for that proceeding, and must be filed in their native format
(e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this
proceeding should familiarize themselves with the Commission's ex parte
rules.
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\28\ 47 CFR 1.1200 et seq.
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8. Comments and Replies. Interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments and Reply Comments may be filed using the
Commission's Electronic Comment Filing System (``ECFS'').\29\
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\29\ See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
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Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing
hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
together with rubber bands or fasteners. Any envelopes and boxes must
be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
9. Availability of Documents. Comments, reply comments, and ex
parte submissions will be available for public inspection during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street SW., CY-A257, Washington, DC
20554. These documents will also be available via ECFS. Documents will
be available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.
10. People with Disabilities. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to fcc504@fcc.gov or call the FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (TTY).
11. Additional Information. For additional information on this
proceeding, contact Maria Mullarkey, Maria.Mullarkey@fcc.gov, of the
Media Bureau, Policy Division, (202) 418-2120. Press contact: Janice
Wise (202-418-8165; Janice.Wise@fcc.gov).
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2013-16019 Filed 7-3-13; 8:45 am]
BILLING CODE 6712-01-P