Information Collection Being Reviewed by the Federal Communications Commission, 76832-76834 [2013-30190]

Download as PDF 76832 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Notices provisions of this paragraph, the licensee shall place in the station records a certification that the new installation complies in all respects with the technical requirements of this part and the terms of the station authorization. 47 CFR 74.1251(c) requires FM translator licensee to notify the FCC, in writing, of changes in the primary FM station being retransmitted. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2013–30191 Filed 12–18–13; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION Information Collection Being Reviewed by the Federal Communications Commission Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and (e) ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number. DATES: Written PRA comments should be submitted on or before February 18, emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:41 Dec 18, 2013 Jkt 232001 2014. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to the Federal Communications Commission via email to PRA@fcc.gov and Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0967. Title: Section 79.2, Accessibility of Programming Providing Emergency Information, and Emergency Information; Section 79.105, Video Description and Emergency Information Accessibility Requirements for All Apparatus; Section 79.106, Video Description and Emergency Information Accessibility Requirements for Recording Devices. Form Number: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit entities; individuals or households; not-for-profit institutions; and State, local, or tribal Governments. Number of Respondents and Responses: 640 respondents; 642 responses. Estimated Time per Response: 0.5 to 5 hours. Frequency of Response: On occasion reporting requirement; Third party disclosure requirement. Obligation to Respond: Voluntary. The statutory authority for this information collection is contained in the Twenty-First Century Communications and Video Accessibility Act of 2010, Public Law 111–260, 124 Stat. 2751, and sections 4(i), 4(j), 303, 330(b), 713, and 716 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303, 330(b), 613, and 617. Total Annual Burden: 735 hours. Total Annual Cost: $24,150. Nature and Extent of Confidentiality: Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC’s updated system of records notice (SORN), FCC/CGB–1, ‘‘Informal Complaints and Inquiries,’’ which became effective on January 25, 2010. The Commission believes that it provides sufficient safeguards to protect the privacy of individuals who file complaints under 47 CFR 79.2(c). Privacy Impact Assessment: The Privacy Impact Assessment (PIA) for PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Informal Complaints and Inquiries was completed on June 28, 2007. It may be reviewed at http://www.fcc.gov/omd/ privacyact/Privacy-ImpactAssessment.html. The Commission is in the process of updating the PIA to incorporate various revisions to it as a result of revisions to the SORN. Needs and Uses: On April 9, 2013, the Commission released a Report and Order and Further Notice of Proposed Rulemaking, MB Docket Nos. 12–107, 11–43, FCC 13–45 (the Report and Order) adopting rules implementing portions of the Twenty-First Century Communications and Video Accessibility Act of 2010 (the CVAA) related to accessible emergency information, and apparatus requirements for emergency information and video description. These rules are codified at 47 CFR 79.2, 79.105, and 79.106. Pursuant to Section 202 of the CVAA, the Report and Order requires that video programming distributors and video programming providers (including program owners) make emergency information accessible to individuals who are blind or visually impaired by using a secondary audio stream to convey televised emergency information aurally, when such information is conveyed visually during programming other than newscasts. Pursuant to Section 203 of the CVAA, the Report and Order requires certain apparatus that receive, play back, or record video programming to make available video description services and accessible emergency information. The following rule sections and other requirements contain new and revised information collection requirements for which the Commission is seeking approval from the Office of Management and Budget (OMB): (a) Complaints alleging violations of the emergency information rules. Section 79.2(c) of the Commission’s rules provides that a complaint alleging a violation of this section may be transmitted to the Consumer and Governmental Affairs Bureau by any reasonable means, such as the Commission’s online informal complaint filing system, letter, facsimile transmission, telephone (voice/TRS/ TTY), Internet email, audio-cassette recording, and Braille, or some other method that would best accommodate the complainant’s disability, and that each complaint should include: The name of the video programming distributor (VPD) or video programming provider (VPP) against whom the complaint is alleged; the date and time of the omission of the emergency information; and the type of emergency. E:\FR\FM\19DEN1.SGM 19DEN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Notices After the Commission receives the complaint, the Commission notifies the VPD or VPP of the complaint, and the VPD or VPP has 30 days to reply. (b) Complaints alleging violations of the apparatus emergency information and video description requirements. The Report and Order adopts procedures for consumers to file complaints alleging violations of the rules containing apparatus emergency information and video description requirements, 47 CFR 79.105–79.106. A complaint filed with the Commission may be transmitted to the Consumer and Governmental Affairs Bureau by any reasonable means, such as the Commission’s online informal complaint filing system, letter in writing or Braille, facsimile transmission, telephone (voice/TRS/TTY), email, or some other method that would best accommodate the complainant’s disability. Given that the population intended to benefit from the rules adopted will be blind or visually impaired, if a complainant calls the Commission for assistance in preparing a complaint, Commission staff will document the complaint in writing for the consumer. Such complaints should include certain information about the complainant and the alleged violation, including: • The name, postal address, and other contact information, such as telephone number or email address, of the complainant; • The name and contact information, such as postal address, of the apparatus manufacturer or provider; • Information sufficient to identify the software or device used to view or to attempt to view video programming with video description or emergency information; • The date or dates on which the complainant purchased, acquired, or used, or tried to purchase, acquire, or use the apparatus to view video programming with video description or emergency information; • A statement of facts sufficient to show that the manufacturer or provider has violated or is violating the Commission’s rules; • The specific relief or satisfaction sought by the complainant; and • The complainant’s preferred format or method of response to the complaint. The Commission will forward such complaints, as appropriate, to the named manufacturer or provider for its response, as well as to any other entity that Commission staff determines may be involved, and may request additional information from any relevant parties when, in the estimation of Commission staff, such information is needed to VerDate Mar<15>2010 16:41 Dec 18, 2013 Jkt 232001 investigate the complaint or adjudicate potential violations of Commission rules. (c) Requests for Commission determination of technical feasibility of emergency information and video description apparatus requirements. The requirements of Section 203 of the CVAA pertaining to apparatus designed to receive or play back video programming apply only to the extent they are ‘‘technically feasible.’’ Pursuant to 47 CFR 79.105(a), all apparatus that (i) is designed to receive or play back video programming transmitted simultaneously with sound that is provided by entities subject to 47 CFR 79.2 and 79.3, (ii) is manufactured in the United States or imported for use in the United States, and (iii) uses a picture screen of any size, must have the capability to decode and make available the secondary audio stream if technically feasible. Parties may raise technical infeasibility as a defense when faced with a complaint alleging a violation of the apparatus requirements adopted in the Report and Order or, alternatively, may file a request for a ruling under § 1.41 of the Commission’s rules as to technical infeasibility before manufacturing or importing the product. (d) Requests for Commission determination of achievability of emergency information and video description apparatus requirements. Section 203 provides that apparatus ‘‘that use a picture screen that is less than 13 inches in size’’ must meet the requirements of that section only if ‘‘achievable,’’ as that word is defined in Section 716 of the Communications Act, and also provides that ‘‘apparatus designed to record video programming transmitted simultaneously with sound’’ are only required to comply with the emergency information and video description requirements ‘‘if achievable (as defined in section 716).’’ Pursuant to 47 CFR 79.105(b)(3), apparatus that use a picture screen of less than 13 inches in size must comply with the provisions of this section only if doing so is achievable as defined in this section. Further, pursuant to 47 CFR 79.106(a), all apparatus that (i) is designed to record video programming transmitted simultaneously with sound that is provided by entities subject to 47 CFR 79.2 and 79.3, and (ii) is manufactured in the United States or imported for use in the United States, must comply with the provisions of this section except that apparatus must only do so if it is achievable as defined in § 79.105(b)(3). Manufacturers of apparatus that use a picture screen of less than 13 inches in size and of recording devices may petition the Commission, pursuant to 47 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 76833 CFR 1.41, for a full or partial exemption from the video description and emergency information requirements before manufacturing or importing the apparatus. Alternatively, manufacturers may assert that a particular apparatus is fully or partially exempt as a response to a complaint, which the Commission may dismiss upon a finding that the requirements of this section are not achievable. Pursuant to 47 CFR 79.105(b)(3), such a petition for exemption or a response to a complaint must be supported with sufficient evidence to demonstrate that compliance with the requirements of this section is not achievable (meaning with reasonable effort or expense), and the Commission will consider four specific factors when making such a determination. In evaluating evidence offered to prove that compliance is not achievable, the Commission will be informed by the analysis in the ACS Order. (e) Petitions for purpose-based waivers of emergency information and video description apparatus requirements. Section 203 of the CVAA permits the Commission to waive emergency information and video description apparatus requirements for any apparatus or class of apparatus that is: (a) Primarily designed for activities other than receiving or playing back video programming transmitted simultaneously with sound, or (b) Designed for multiple purposes, capable of receiving or playing video programming transmitted simultaneously with sound but whose essential utility is derived from other purposes. Manufacturers of apparatus may petition the Commission for a full or partial purpose-based waiver of the apparatus requirements adopted in the Report and Order pursuant to 47 CFR 79.105(b)(4). The Commission will address any requests for purpose-based waiver on a case-by-case basis, and waivers will be available prospectively for manufacturers seeking certainty prior to the sale of a device. (f) Submission and review of consumer eligibility information pertaining to DIRECTV, LLC’s waiver for provision of aural emergency information during The Weather Channel’s programming. In the Report and Order, the Commission grants DIRECTV, LLC (DIRECTV) a waiver with respect to the set-top box models on which it is not able to implement audio functionality for emergency information, but conditions such relief by requiring DIRECTV to provide, upon request and E:\FR\FM\19DEN1.SGM 19DEN1 76834 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Notices at no additional cost to customers who are blind or visually impaired, a set-top box model that is capable of providing aural emergency information. DIRECTV may require reasonable documentation of disability as a condition to providing the box at no additional cost. Thus, DIRECTV customers who are blind or visually impaired may be required to submit reasonable documentation of disability to DIRECTV (e.g., documentation from any professional or service provider, such as a social worker, with direct knowledge of the individual’s disability). Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. Administration for Children and Families [CFDA Numbers: 93.581, 93.587, 93.612] Pursuant to Section 814 of the Native American Programs Act of 1974 (NAPA), as amended, the Administration for Native Americans (ANA) is required to provide members of the public an opportunity to comment on proposed changes in interpretive rules, general statements of policy, and rules of agency procedure or practice that affect programs, projects, and activities authorized under the NAPA, and to give notice of the final adoption of such changes at least 30 days before the changes become effective. In accordance with notice requirements of NAPA, ANA herein describes its proposed interpretive rules, general statements of policy, and rules of agency procedure or practice as they relate to the Fiscal Year (FY) 2014 Funding Opportunity Announcements (FOA) for the following programs: (1) Social and Economic Development Strategies (hereinafter referred to as SEDS), HHS–2014–ACF–ANA–NA– 0776; (2) Sustainable Employment and Economic Development Strategies (hereinafter referred to as SEEDS), HHS– 2014–ACF–ANA–NE–0779; (3) Native Language Preservation and Maintenance (hereinafter referred to as Language Preservation), HHS–2014–ACF–ANA– NL–0778; (4) Native Language Preservation and Maintenance—Esther Martinez Immersion (hereinafter referred to as Language—EMI), HHS– 2014–ACF–ANA–NA–0780; and (5) Environmental Regulatory Enhancement (hereinafter referred to as ERE), HHS– 2014–ACF–ANA–NR–0777. DATES: Submit written or electronic comments on this Notice, on or before January 21, 2014. SUMMARY: Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company emcdonald on DSK67QTVN1PROD with NOTICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Native Americans, ACF, HHS. ACTION: Notice for Public Comment. FEDERAL RESERVE SYSTEM The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than January 3, 2014. A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101–2566: 1. Clay Graham, Bryan Graham, Colby James Graham, Mark David Weiser, Debra Kay Weiser, all of Zanesville, Ohio; Courtney Lynelle Graham, Columbus, Ohio; Adam Hamilton Graham, Bexley, Ohio; (collectively the Graham Family Control Group) to retain voting shares of North Valley Bancshares, Inc., and thereby indirectly retain voting shares of North Valley Bank, both in Zanesville, Ohio. Jkt 232001 BILLING CODE 6210–01–P AGENCY: BILLING CODE 6712–01–P 16:41 Dec 18, 2013 [FR Doc. 2013–30212 Filed 12–18–13; 8:45 am] Request for Public Comment on the Proposed Adoption of Administration for Native Americans Program Policies and Procedures [FR Doc. 2013–30190 Filed 12–18–13; 8:45 am] VerDate Mar<15>2010 Board of Governors of the Federal Reserve System, December 16, 2013. Michael J. Lewandowski, Associate Secretary of the Board. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Send comments in response to this notice via email to Lillian A. Sparks, Commissioner, Administration for Native Americans, at ANACommissioner@acf.hhs.gov. Comments will be available for inspection by members of the public at the Administration for Native Americans, 901 D Street SW., Washington, DC 20447. FOR FURTHER INFORMATION CONTACT: Carmelia Strickland, Director, Division of Program Operations, ANA, (877) 922– 9262. SUPPLEMENTARY INFORMATION: A. Name Change of one FOA: ANA proposes to change the name of the program titled ‘‘Native American Language Preservation and Maintenance—Esther Martinez Initiative’’ (HHS–2014–ACF–ANA–NL– 0780) to ‘‘Native American Language Preservation and Maintenance—Esther Martinez Immersion.’’ The FOA will retain the same acronym ‘‘EMI.’’ This proposed change is to address the fact that EMI is no longer a temporary initiative, but an ongoing program in which immersion is a key goal. B. Administrative Policies: ANA proposes to clarify the conflict of interest standards published in the 2013 FOAs [announced in 78 FR 13062– 13067] to ensure it aligns with the rule at 45 CFR 1336.50(f), which authorizes the Office of Chief Executive of a federally-recognized Indian tribal government to be paid salary and expenses with ANA grant funds, provided such costs are related to a project funded under ANA FOAs and that the costs exclude any portion of salaries and expenses that are a cost of general government. Given this rule regarding the allowable use of grant funds, we propose a limited exception to previously published conflict of interest standards which did not include the regulatory exception applicable to the Chief Executive of federally recognized Indian tribes. ADDRESSES: Conflict of Interest Standards Under the standard terms and conditions for discretionary HHS awards (Grants Policy Statement, page II–7 at https:// www.acf.hhs.gov/grants/terms-andconditions), grant recipients are required to establish safeguards to prevent employees, consultants, members of governing bodies and others who may be involved in grantsupported activities from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private financial gain for themselves or others, such as those with whom they have family, business, or other ties. Therefore, with one exception, staff employed through an ANA-funded project cannot also serve as a member of the governing body for the E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76832-76834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30190]


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

FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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

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

DATES: Written PRA comments should be submitted on or before February 
18, 2014. If you anticipate that you will be submitting comments, but 
find it difficult to do so within the period of time allowed by this 
notice, you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to the Federal Communications 
Commission via email to PRA@fcc.gov and Cathy.Williams@fcc.gov.

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

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0967.
    Title: Section 79.2, Accessibility of Programming Providing 
Emergency Information, and Emergency Information; Section 79.105, Video 
Description and Emergency Information Accessibility Requirements for 
All Apparatus; Section 79.106, Video Description and Emergency 
Information Accessibility Requirements for Recording Devices.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; individuals or 
households; not-for-profit institutions; and State, local, or tribal 
Governments.
    Number of Respondents and Responses: 640 respondents; 642 
responses.
    Estimated Time per Response: 0.5 to 5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Voluntary. The statutory authority for this 
information collection is contained in the Twenty-First Century 
Communications and Video Accessibility Act of 2010, Public Law 111-260, 
124 Stat. 2751, and sections 4(i), 4(j), 303, 330(b), 713, and 716 of 
the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 
303, 330(b), 613, and 617.
    Total Annual Burden: 735 hours.
    Total Annual Cost: $24,150.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information, which is covered under the FCC's updated 
system of records notice (SORN), FCC/CGB-1, ``Informal Complaints and 
Inquiries,'' which became effective on January 25, 2010. The Commission 
believes that it provides sufficient safeguards to protect the privacy 
of individuals who file complaints under 47 CFR 79.2(c).
    Privacy Impact Assessment: The Privacy Impact Assessment (PIA) for 
Informal Complaints and Inquiries was completed on June 28, 2007. It 
may be reviewed at http://www.fcc.gov/omd/privacyact/Privacy-Impact-Assessment.html. The Commission is in the process of updating the PIA 
to incorporate various revisions to it as a result of revisions to the 
SORN.
    Needs and Uses: On April 9, 2013, the Commission released a Report 
and Order and Further Notice of Proposed Rulemaking, MB Docket Nos. 12-
107, 11-43, FCC 13-45 (the Report and Order) adopting rules 
implementing portions of the Twenty-First Century Communications and 
Video Accessibility Act of 2010 (the CVAA) related to accessible 
emergency information, and apparatus requirements for emergency 
information and video description. These rules are codified at 47 CFR 
79.2, 79.105, and 79.106. Pursuant to Section 202 of the CVAA, the 
Report and Order requires that video programming distributors and video 
programming providers (including program owners) make emergency 
information accessible to individuals who are blind or visually 
impaired by using a secondary audio stream to convey televised 
emergency information aurally, when such information is conveyed 
visually during programming other than newscasts. Pursuant to Section 
203 of the CVAA, the Report and Order requires certain apparatus that 
receive, play back, or record video programming to make available video 
description services and accessible emergency information.

The following rule sections and other requirements contain new and 
revised information collection requirements for which the Commission is 
seeking approval from the Office of Management and Budget (OMB):

    (a) Complaints alleging violations of the emergency information 
rules.
    Section 79.2(c) of the Commission's rules provides that a complaint 
alleging a violation of this section may be transmitted to the Consumer 
and Governmental Affairs Bureau by any reasonable means, such as the 
Commission's online informal complaint filing system, letter, facsimile 
transmission, telephone (voice/TRS/TTY), Internet email, audio-cassette 
recording, and Braille, or some other method that would best 
accommodate the complainant's disability, and that each complaint 
should include: The name of the video programming distributor (VPD) or 
video programming provider (VPP) against whom the complaint is alleged; 
the date and time of the omission of the emergency information; and the 
type of emergency.

[[Page 76833]]

After the Commission receives the complaint, the Commission notifies 
the VPD or VPP of the complaint, and the VPD or VPP has 30 days to 
reply.
    (b) Complaints alleging violations of the apparatus emergency 
information and video description requirements.
    The Report and Order adopts procedures for consumers to file 
complaints alleging violations of the rules containing apparatus 
emergency information and video description requirements, 47 CFR 
79.105-79.106. A complaint filed with the Commission may be transmitted 
to the Consumer and Governmental Affairs Bureau by any reasonable 
means, such as the Commission's online informal complaint filing 
system, letter in writing or Braille, facsimile transmission, telephone 
(voice/TRS/TTY), email, or some other method that would best 
accommodate the complainant's disability. Given that the population 
intended to benefit from the rules adopted will be blind or visually 
impaired, if a complainant calls the Commission for assistance in 
preparing a complaint, Commission staff will document the complaint in 
writing for the consumer. Such complaints should include certain 
information about the complainant and the alleged violation, including:
     The name, postal address, and other contact information, 
such as telephone number or email address, of the complainant;
     The name and contact information, such as postal address, 
of the apparatus manufacturer or provider;
     Information sufficient to identify the software or device 
used to view or to attempt to view video programming with video 
description or emergency information;
     The date or dates on which the complainant purchased, 
acquired, or used, or tried to purchase, acquire, or use the apparatus 
to view video programming with video description or emergency 
information;
     A statement of facts sufficient to show that the 
manufacturer or provider has violated or is violating the Commission's 
rules;
     The specific relief or satisfaction sought by the 
complainant; and
     The complainant's preferred format or method of response 
to the complaint.
    The Commission will forward such complaints, as appropriate, to the 
named manufacturer or provider for its response, as well as to any 
other entity that Commission staff determines may be involved, and may 
request additional information from any relevant parties when, in the 
estimation of Commission staff, such information is needed to 
investigate the complaint or adjudicate potential violations of 
Commission rules.
    (c) Requests for Commission determination of technical feasibility 
of emergency information and video description apparatus requirements.
    The requirements of Section 203 of the CVAA pertaining to apparatus 
designed to receive or play back video programming apply only to the 
extent they are ``technically feasible.'' Pursuant to 47 CFR 79.105(a), 
all apparatus that (i) is designed to receive or play back video 
programming transmitted simultaneously with sound that is provided by 
entities subject to 47 CFR 79.2 and 79.3, (ii) is manufactured in the 
United States or imported for use in the United States, and (iii) uses 
a picture screen of any size, must have the capability to decode and 
make available the secondary audio stream if technically feasible. 
Parties may raise technical infeasibility as a defense when faced with 
a complaint alleging a violation of the apparatus requirements adopted 
in the Report and Order or, alternatively, may file a request for a 
ruling under Sec.  1.41 of the Commission's rules as to technical 
infeasibility before manufacturing or importing the product.
    (d) Requests for Commission determination of achievability of 
emergency information and video description apparatus requirements.
    Section 203 provides that apparatus ``that use a picture screen 
that is less than 13 inches in size'' must meet the requirements of 
that section only if ``achievable,'' as that word is defined in Section 
716 of the Communications Act, and also provides that ``apparatus 
designed to record video programming transmitted simultaneously with 
sound'' are only required to comply with the emergency information and 
video description requirements ``if achievable (as defined in section 
716).'' Pursuant to 47 CFR 79.105(b)(3), apparatus that use a picture 
screen of less than 13 inches in size must comply with the provisions 
of this section only if doing so is achievable as defined in this 
section. Further, pursuant to 47 CFR 79.106(a), all apparatus that (i) 
is designed to record video programming transmitted simultaneously with 
sound that is provided by entities subject to 47 CFR 79.2 and 79.3, and 
(ii) is manufactured in the United States or imported for use in the 
United States, must comply with the provisions of this section except 
that apparatus must only do so if it is achievable as defined in Sec.  
79.105(b)(3).
    Manufacturers of apparatus that use a picture screen of less than 
13 inches in size and of recording devices may petition the Commission, 
pursuant to 47 CFR 1.41, for a full or partial exemption from the video 
description and emergency information requirements before manufacturing 
or importing the apparatus. Alternatively, manufacturers may assert 
that a particular apparatus is fully or partially exempt as a response 
to a complaint, which the Commission may dismiss upon a finding that 
the requirements of this section are not achievable. Pursuant to 47 CFR 
79.105(b)(3), such a petition for exemption or a response to a 
complaint must be supported with sufficient evidence to demonstrate 
that compliance with the requirements of this section is not achievable 
(meaning with reasonable effort or expense), and the Commission will 
consider four specific factors when making such a determination. In 
evaluating evidence offered to prove that compliance is not achievable, 
the Commission will be informed by the analysis in the ACS Order.
    (e) Petitions for purpose-based waivers of emergency information 
and video description apparatus requirements.
    Section 203 of the CVAA permits the Commission to waive emergency 
information and video description apparatus requirements for any 
apparatus or class of apparatus that is:
    (a) Primarily designed for activities other than receiving or 
playing back video programming transmitted simultaneously with sound, 
or
    (b) Designed for multiple purposes, capable of receiving or playing 
video programming transmitted simultaneously with sound but whose 
essential utility is derived from other purposes.
    Manufacturers of apparatus may petition the Commission for a full 
or partial purpose-based waiver of the apparatus requirements adopted 
in the Report and Order pursuant to 47 CFR 79.105(b)(4). The Commission 
will address any requests for purpose-based waiver on a case-by-case 
basis, and waivers will be available prospectively for manufacturers 
seeking certainty prior to the sale of a device.
    (f) Submission and review of consumer eligibility information 
pertaining to DIRECTV, LLC's waiver for provision of aural emergency 
information during The Weather Channel's programming.
    In the Report and Order, the Commission grants DIRECTV, LLC 
(DIRECTV) a waiver with respect to the set-top box models on which it 
is not able to implement audio functionality for emergency information, 
but conditions such relief by requiring DIRECTV to provide, upon 
request and

[[Page 76834]]

at no additional cost to customers who are blind or visually impaired, 
a set-top box model that is capable of providing aural emergency 
information. DIRECTV may require reasonable documentation of disability 
as a condition to providing the box at no additional cost. Thus, 
DIRECTV customers who are blind or visually impaired may be required to 
submit reasonable documentation of disability to DIRECTV (e.g., 
documentation from any professional or service provider, such as a 
social worker, with direct knowledge of the individual's disability).

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-30190 Filed 12-18-13; 8:45 am]
BILLING CODE 6712-01-P