Information Collection Being Reviewed by the Federal Communications Commission, 76832-76834 [2013-30190]
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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,
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SUMMARY:
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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
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Fmt 4703
Sfmt 4703
Informal Complaints and Inquiries was
completed on June 28, 2007. It may be
reviewed at https://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.
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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
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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
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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
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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.
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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.
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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
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]]>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 https://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
