Information Collection Being Reviewed by the Federal Communications Commission, 33190-33192 [2014-13439]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Pages 33190-33192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13439]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 
3501-3520), the Federal Communications Commission (FCC or the 
Commission) invites the general public and other Federal agencies to 
take this opportunity to comment on the following information 
collection. Comments are requested concerning: 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; the accuracy of the Commission's burden 
estimate; ways to enhance the quality, utility, and clarity of the 
information collected; 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 
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 August 11, 
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 Cathy Williams, FCC, via email 
PRA@fcc.gov PRA@fcc.gov and to 
Cathy.Williams@fcc.gov 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-xxxx.
    Title: Section 79.107 User Interfaces Provided by Digital 
Apparatus; Section 79.108 Video Programming Guides and Menus Provided 
by Navigation Devices; Section 79.110 Complaint Procedures for User 
Interfaces, Menus and Guides, and Activating Accessibility Features on 
Digital Apparatus and Navigation Devices.
    Form Number: N/A.
    Type of Review: New 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: 4,245 respondents; 509,484 
responses.
    Estimated Time per Response: 0.0167 to 5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement; Recordkeeping 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(r), 303(u), 303(aa), 
303(bb), and 716(g) of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 154(j), 303(r), 303(u), 303(aa), 303(bb), and 617(g).
    Total Annual Burden: 22,198 hours.
    Total Annual Cost: $70,500.
    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 79.110.
    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 October 29, 2013, the Commission released a 
Report and Order and Further Notice of Proposed Rulemaking, MB Docket 
Nos. 12-108, 12-107, FCC 13-138 (the Report and Order) adopting rules 
implementing portions of the Twenty-First Century Communications and 
Video Accessibility Act of 2010 (the CVAA) related to the accessibility 
of digital apparatus and navigation devices used to view video 
programming. These rules are codified at 47 CFR 79.107, 79.108, 79.109 
and 79.110. Pursuant to Section 204 of the CVAA, the Report and Order 
requires the user interfaces, text menus and guides of digital 
apparatus to be accessible and requires that the activation mechanisms 
for closed captioning and video description be reasonably comparable to 
a button, key or icon. Pursuant to Section 205 of the CVAA, the Report 
and Order requires the user text menus and guides of navigation devices 
be made audibly accessibly upon request and requires that the 
activation mechanism for closed captioning be reasonably comparable to 
a button, key or icon.
    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) Requests for Commission determination of achievability for the 
accessibility requirements for the user interfaces, text menus and 
guides of digital apparatus.
    Section 204 of the CVAA provides that ``if achievable (as defined 
by section 716) . . . digital apparatus designed to receive or play 
back video programming transmitted in digital format simultaneously 
with sound, including apparatus designed to receive or display video 
programming transmitted in digital format using Internet protocol, be 
designed, developed, and fabricated so that control of appropriate 
built-in apparatus functions are accessible to and usable by 
individuals who are blind or visually

[[Page 33191]]

impaired.'' Pursuant to 47 CFR 79.107, manufacturers of digital 
apparatus must comply with the section's provisions ``only if 
achievable as defined in Sec.  79.107(c)(2).''
    Pursuant to 47 CFR 79.107(c)(1), manufacturers of digital apparatus 
may petition the Commission, pursuant to 47 CFR 1.41, for a full or 
partial exemption from the requirements of 47 CFR 79.107 before 
manufacturing or importing the apparatus. Alternatively, manufacturers 
may assert that a particular digital apparatus is fully or partially 
exempt as a response to a complaint, which the Commission may dismiss 
upon a finding that the requirements of section 79.107 are not 
achievable. Pursuant to 47 CFR 79.107(c)(2), such a petition for 
exemption or a response to a complaint must be supported with 
sufficient evidence to demonstrate that compliance with the 
requirements 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 Implementation of Sections 716 and 717 of the 
Communications Act of 1934, as Enacted by the Twenty-First Century 
Communications and Video Accessibility Act of 2010, Report and Order 
and Further Notice of Proposed Rulemaking, 26 FCC Rcd 14557, 14607-19, 
]] 119-48 (2011) (``ACS Order'').
    (b) Requests for Commission determination of achievability for the 
accessibility requirements for the text menus and guides of navigation 
devices.
    Section 205 of the CVAA provides that ``if achievable (as defined 
by section 716)'' ``the on-screen text menus and guides provided by 
navigation devices (as such term is defined in section 76.1200 of title 
47, Code of Federal Regulations) for the display or selection of 
multichannel video programming are audibly accessible in real-time upon 
request by individuals who are blind or visually impaired.'' Pursuant 
to 47 CFR 79.108, MVPDs and manufacturers of navigation devices must 
comply with the section's provisions ``only if achievable as defined in 
Sec.  79.108(c)(2).''
    Pursuant to 47 CFR 79.108(c)(1), MVPDs and manufacturers of 
navigation devices may petition the Commission, pursuant to 47 CFR 
1.41, for a full or partial exemption from the requirements of 47 CFR 
79.108 before manufacturing or importing the navigation device. 
Alternatively, manufacturers may assert that a particular digital 
apparatus is fully or partially exempt as a response to a complaint, 
which the Commission may dismiss upon a finding that the requirements 
of section 79.108 are not achievable. Pursuant to 47 CFR 79.108(c)(2), 
such a petition for exemption or a response to a complaint must be 
supported with sufficient evidence to demonstrate that compliance with 
the requirements 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.
    (c) Requests to MVPDs and navigation device manufacturers for 
accessible equipment.
    Pursuant to 47 CFR 79.108(a)(5), manufacturers of navigation 
devices and MVPDs must permit blind or visually impaired individuals to 
request accessible navigation devices through any means that such 
covered entities generally use to make available navigation devices to 
other consumers. Such requests could require navigation device 
manufacturers and MVPDs to collect information from consumers and 
require consumers to provide information to navigation device 
manufacturers and/or MVPDs to obtain a benefit.
    (d) Notifications by MVPDs regarding the availability of accessible 
equipment.
    Pursuant to 47 CFR 79.108(d), MVPDs must notify consumers that 
navigation devices with the required accessibility features are 
available upon request to consumers who are blind or visually impaired. 
MVPDs must clearly and conspicuously inform consumers about the 
availability of accessible navigation devices when providing 
information about equipment options in response to a consumer inquiry 
about service, accessibility, or other issues. In addition, MVPDs must 
provide prominent notice on their official Web sites about the 
availability of accessible navigation devices in a manner accessible to 
people with disabilities.
    (e) Contact information for the receipt and handling of user 
interface accessibility complaints.
    Pursuant to 47 CFR 79.110(b), covered entities must make their 
contact information available for the receipt and handling of 
complaints regarding the requirements of 47 CFR 79.107--79.109. The 
contact information required must include the name of a person with 
primary responsibility for accessibility compliance issues. This 
contact information must also include that person's title or office, 
telephone number, fax number, postal mailing address, and email 
address. A covered entity must keep this information current and update 
it within 10 business days of any change.
    (f) Submission and review of verification of consumer eligibility 
in connection with accessibility solutions provided by sophisticated 
equipment and/or services at a price lower than that offered to the 
general public.
    Pursuant to 47 CFR 79.108(e), covered entities may require 
consumers to provide verification of eligibility as an individual who 
is blind or visually impaired to the extent a covered entity chooses to 
rely on an accessibility solution that involves providing the consumer 
with sophisticated equipment and/or services at a price that is lower 
than that offered to the general public. In these situations, covered 
entities must allow a consumer to provide a wide array of documentation 
to verify eligibility for the accessibility solution provided and must 
comply with the requirements of 47 U.S.C. 338(i)(4)(A) and 47 U.S.C. 
631(c)(1) to protect personal information gathered from consumers 
through verification procedures.
    (g) Complaints alleging violations of the digital apparatus and 
navigation device accessibility rules.
    The Report and Order adopts procedures for consumers to file 
complaints alleging violations of the rules requiring the accessibility 
of user interfaces, text menus and guides of digital apparatus and 
navigation devices requirements.
    Pursuant to 47 CFR 79.110(a)(1), a complaint alleging a violation 
of the requirements of 47 CFR 79.107, 79.108, or 79.109 must be filed 
with the Commission or with the covered entity within 60 days after the 
date the complainant experiences a problem relating to compliance with 
the requirements of 47 CFR 79.107, 79.108, or 79.109. 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, facsimile, telephone (voice/
TRS/TTY), email, or some other method that would best accommodate the 
complainant's disability. (Because some of the rules we are adopting 
are intended to make apparatus or navigation devices accessible to 
individuals who are blind or visually impaired, and therefore 
complainants may themselves 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.)

[[Page 33192]]

    Pursuant to 47 CFR 79.110(a)(2), complaints should include the 
following information:
    (i) The complainant's name, address, and other contact information, 
such as telephone number and email address;
    (ii) The name and contact information of the covered entity;
    (iii) Information sufficient to identify the software or digital 
apparatus/navigation device used;
    (iv) The date or dates on which the complainant purchased, 
acquired, or used, or tried to purchase, acquire, or use the digital 
apparatus/navigation device;
    (v) A statement of facts sufficient to show that the covered entity 
has violated, or is violating, the Commission's rules;
    (vi) The specific relief or satisfaction sought by the complainant;
    (vii) The complainant's preferred format or method of response to 
the complaint; and
    (viii) If a complaint pursuant to Sec.  79.108 of this part, the 
date that the complainant requested an accessible navigation device and 
the person or entity to whom that request was directed.
    Pursuant to 47 CFR 79.110(a)(3), if a complaint is filed first with 
the Commission, the Commission will forward a complaint satisfying the 
above requirements to the named covered entity for its response, as 
well as to any other entity that Commission staff determines may be 
involved. The covered entity or entities must respond in writing to the 
Commission and the complainant within 30 days after receipt of the 
complaint from the Commission.
    Pursuant to 47 CFR 79.110(a)(4), if a complaint is filed first with 
the covered entity, the covered entity must respond in writing to the 
complainant within 30 days after receipt of a complaint. If the covered 
entity fails to respond to the complainant within 30 days, or the 
response does not satisfy the consumer, the complainant may file the 
complaint with the Commission within 30 days after the time allotted 
for the covered entity to respond. If the consumer subsequently files 
the complaint with the Commission (after filing with the covered 
entity) and the complaint satisfies the requirements, the Commission 
will forward the complaint to the named covered entity for its 
response, as well as to any other entity that Commission staff 
determines may be involved. The covered entity must then respond in 
writing to the Commission and the complainant within 30 days after 
receipt of the complaint from the Commission.
    Pursuant to 47 CFR 79.110(a)(5), in response to a complaint, the 
covered entity must file with the Commission sufficient records and 
documentation to prove that it was (and remains) in compliance with the 
Commission's rules. Conclusory or insufficiently supported assertions 
of compliance will not carry the covered entity's burden of proof. If 
the covered entity admits that it was not, or is not, in compliance 
with the Commission's rules, it must file with the Commission 
sufficient records and documentation to explain the reasons for its 
noncompliance, show what remedial steps it has taken or will take, and 
show why such steps have been or will be sufficient to remediate the 
problem.
    Pursuant to 47 CFR 79.110(a)(6), the Commission will review all 
relevant information provided by the complainant and the covered 
entity, as well as any additional information the Commission deems 
relevant from its files or public sources. The Commission 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. When the Commission requests additional information, 
parties to which such requests are addressed must provide the requested 
information in the manner and within the time period the Commission 
specifies.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2014-13439 Filed 6-9-14; 8:45 am]
BILLING CODE 6712-01-P