Accessible Emergency Information, and Apparatus Requirements for Emergency Information and Video Description, 39698-39715 [2015-16324]
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Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 8, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
determining that the Liberty-Clairton
Area has attained the 2006 24-hour
PM2.5 NAAQS, may not be challenged
later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 25, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. Section 52.2059 is amended by
adding paragraph (q) to read as follows:
■
§ 52.2059
matter.
Control strategy: Particulate
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[FR Doc. 2015–16813 Filed 7–9–15; 8:45 am]
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47 CFR Part 79
[MB Docket No. 12–107; FCC 15–56]
Accessible Emergency Information,
and Apparatus Requirements for
Emergency Information and Video
Description
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission adopts additional rules
under the authority of the Twenty-First
Century Communications and Video
Accessibility Act of 2010 (CVAA) to
make emergency information in video
programming accessible to individuals
who are blind or visually impaired.
First, the document requires
multichannel video programming
distributors to pass through a secondary
audio stream containing audible
emergency information when they
permit consumers to access linear
programming on second screen devices,
such as tablets, smartphones, laptops,
and similar devices. Second, the
document requires manufacturers of
apparatus that receive or play back
video programming to provide a
mechanism that is simple and easy to
use for activating the secondary audio
stream to access audible emergency
information.
SUMMARY:
DATES:
*
*
*
*
(q) Determination of attainment. EPA
has determined, as of July 10, 2015,
based on quality-assured ambient air
quality data for 2012 to 2014, that the
Liberty-Clairton, PA nonattainment area
has attained the 2006 24-hour fine
particle (PM2.5) national ambient air
quality standards (NAAQS). This
determination suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
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planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after
notice-and-comment rulemaking, that
this area no longer meets the 2006 24hour PM2.5 NAAQS, the corresponding
determination of attainment for that area
shall be withdrawn.
Effective August 10, 2015.
FOR FURTHER INFORMATION CONTACT:
Evan Baranoff, Evan.Baranoff@fcc.gov,
of the Media Bureau, Policy Division,
(202) 418–2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Report and Order (Order), FCC 15–56,
adopted on May 21, 2015, and released
on May 28, 2015. The full text of this
document is available electronically via
the FCC’s Electronic Document
Management System (EDOCS) Web site
at https://fjallfoss.fcc.gov/edocs_public/
or via the FCC’s Electronic Comment
Filing System (ECFS) Web site at https://
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fjallfoss.fcc.gov/ecfs2/. (Documents will
be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.)
This document is also available for
public inspection and copying during
regular business hours in the FCC
Reference Information Center, Federal
Communications Commission, 445 12th
Street SW., CY–A257, Washington, DC
20554. 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).
I. Introduction
1. In this Second Report and Order,
we take additional steps under the
authority of sections 202 and 203 of the
Twenty-First Century Communications
and Video Accessibility Act of 2010
(‘‘CVAA’’) 1 to make emergency
information in video programming
accessible to individuals who are blind
or visually impaired. The Commission
adopted rules in 2013 to require that
visual emergency information shown
during non-newscast television
programming, such as in an on-screen
crawl, is also available to individuals
who are blind or visually impaired
through an aural presentation on a
secondary audio stream.2 In adopting
these rules pursuant to sections 202 and
203 of the CVAA, the Commission
recognized the importance of making
sure that individuals who are blind or
visually impaired are able to hear
critical information about emergencies
affecting their locality, which can
enable them promptly to respond to
such emergency situations and to
protect their lives and property.
2. First, this Second Report and Order
concludes that multichannel video
programming distributors (‘‘MVPDs’’)
1 Twenty-First Century Communications and
Video Accessibility Act of 2010, Public Law 111–
260, 124 Stat. 2751 (2010); Amendment of TwentyFirst Century Communications and Video
Accessibility Act of 2010, Public Law 111–265, 124
Stat. 2795 (2010) (making technical corrections to
the CVAA).
2 See Accessible Emergency Information;
Apparatus Requirements for Emergency
Information and Video Description: Implementation
of the Twenty-First Century Communications and
Video Accessibility Act of 2010, MB Docket Nos.
12–107, 11–43, Report and Order, FCC 13–45, 78 FR
31770 (2013) (‘‘First Report and Order’’). A
secondary audio stream is an audio channel, other
than the main program audio channel, that is
typically used for foreign language audio and video
description.
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Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations
must pass through a secondary audio
stream containing audible emergency
information in accordance with section
79.2 of the Commission’s rules 3 when
they permit consumers to access linear
programming 4 on tablets, smartphones,
laptops, and similar devices over the
MVPD’s network as part of their MVPD
services. Increasingly, Americans are
utilizing a wide range of devices in
addition to the television to view video
programming,5 and a number of MVPDs
now allow customers to view linear
programming on ‘‘second screen’’
devices using applications or other
technologies.6 Our rule ensures that
individuals who are blind or visually
impaired will be provided with
accessible emergency information when
they are watching linear programming
over the MVPD’s network as part of
their MVPD services, regardless of
whether they are viewing the
programming on their television or on
their tablet, smartphone, or similar
device.
3. Second, this Second Report and
Order requires manufacturers of
apparatus subject to section 79.105 of
the Commission’s rules 7 to provide a
mechanism that is simple and easy to
use for activating the secondary audio
stream to access audible emergency
information. Individuals who are blind
or visually impaired should not have to
navigate through multiple levels of
menus or take other time-consuming
actions to activate the secondary audio
stream when they hear the aural tone
signaling that emergency information is
being provided visually on the screen.
In emergency situations, every second
3 47
CFR 79.2.
term ‘‘linear programming’’ is generally
understood to refer to video programming that is
prescheduled by the video programming provider.
See Promoting Innovation and Competition in the
Provision of Multichannel Video Programming
Distribution Services, MB Docket No. 14–261,
Notice of Proposed Rulemaking, FCC 14–210, 80 FR
2078 (2014) (‘‘MVPD Definition NPRM’’) (using the
term ‘‘linear programming’’ ‘‘consistent with prior
Commission use’’); Annual Assessment of the
Status of Competition in the Market for the Delivery
of Video Programming, MB Docket No. 14–16,
Notice of Inquiry, FCC 14–8, 79 FR 8452 (2014) (‘‘A
linear channel is one that distributes programming
at a scheduled time. Non-linear programming, such
as video-on-demand (‘VOD’) and online video
content, is available at a time of the viewer’s
choosing.’’)).
5 See Annual Assessment of the Status of
Competition in the Market for the Delivery of Video
Programming, MB Docket No. 14–16, Sixteenth
Report, FCC 15–41, para. 336 (rel. Apr. 2, 2015)
(‘‘16th Video Competition Report’’) (‘‘IP video
distribution opportunities for MVPDs and [online
video distributors] continu‘e to expand through
portable media devices.’’).
6 For example, Cablevision, Charter, Comcast,
Cox, and Time Warner Cable currently offer
applications that allow their subscribers to view
linear programming on mobile and other devices.
7 47 CFR 79.105.
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counts. Thus, we believe that in order
for emergency information to be made
fully accessible to individuals who are
blind or visually impaired in
accordance with section 203 of the
CVAA, manufacturers of covered
apparatus must ensure that such
individuals have a simple, easy to use
mechanism to activate the secondary
audio stream in order to hear emergency
information.
4. In the Second Further Notice of
Proposed Rulemaking (‘‘Second Further
Notice’’) accompanying the Second
Report and Order (and published in this
issue of the Federal Register), we seek
comment on three issues: (i) Whether
we should adopt rules regarding how
covered entities should prioritize
emergency information conveyed
aurally on the secondary audio stream
when more than one source of visual
emergency information is presented onscreen at the same time; (ii) whether we
should reconsider the Commission’s
requirement for ‘‘school closings and
changes in school bus schedules’’
resulting from emergency situations to
be conveyed aurally on the secondary
audio stream, considering the length of
such information and the limits of the
secondary audio stream; and (iii)
whether we should require MVPDs to
ensure that the navigation devices that
they provide to subscribers include a
simple and easy to use activation
mechanism for accessing audible
emergency information on the
secondary audio stream, and to provide
a simple and easy to use mechanism to
activate the secondary audio stream for
emergency information when they
permit subscribers to view linear
programming on mobile and other
devices as part of their MVPD services.
II. Background
5. The CVAA was enacted on October
8, 2010 with the purpose of ensuring
that individuals with disabilities are
able to fully utilize modern
communications services and
equipment and to better access video
programming.8 Sections 202 and 203 of
the CVAA address, in part, the
accessibility of emergency information
for individuals who are blind or visually
impaired.9 Specifically, section 202 of
8 See H.R. Rep. No. 111–563, 111th Cong., 2d
Sess. at 19 (2010); S. Rep. No. 111–386, 111th
Cong., 2d Sess. at 1 (2010).
9 Pursuant to Section 201 of the CVAA, the
Chairman of the Commission established an
advisory committee known as the Video
Programming Accessibility Advisory Committee
(‘‘VPAAC’’), comprised of representatives from
industry and consumer groups, which submitted its
statutorily mandated report addressing accessible
emergency information to the Commission on April
9, 2012. See Second Report of the Video
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39699
the CVAA directs the Commission to (i)
‘‘identify methods to convey emergency
information (as that term is defined in
section 79.2 of title 47, Code of Federal
Regulations 10) in a manner accessible to
individuals who are blind or visually
impaired,’’ 11 and (ii) ‘‘promulgate
regulations that require video
programming providers and video
programming distributors (as those
terms are defined in section 79.1 of title
47, Code of Federal Regulations 12) and
program owners to convey such
emergency information in a manner
accessible to individuals who are blind
or visually impaired.’’ 13 Section 203 of
Programming Accessibility Advisory Committee on
the Twenty-First Century Communications and
Video Accessibility Act of 2010, available at https://
vpaac.wikispaces.com; Public Law 111–260, sec.
201(e)(2) (‘‘VPAAC Second Report: Access to
Emergency Information’’). The portion of the report
that addresses emergency information is available at
https://vpaac.wikispaces.com/file/view/
120409+VPAAC+Access+to+Emergency+
Information+REPORT+AS+SUBMITTED+4-92012.pdf. See also Media Bureau and Consumer
and Governmental Affairs Bureau Seek Comment
on Second VPAAC Report: Video Description and
Access to Emergency Information, MB Docket No.
12–107, Public Notice, DA 12–636 (MB rel. Apr. 24,
2012).
10 ‘‘Emergency information’’ is defined in section
79.2 of the Commission’s rules as ‘‘[i]nformation,
about a current emergency, that is intended to
further the protection of life, health, safety, and
property, i.e., critical details regarding the
emergency and how to respond to the emergency.
Examples of the types of emergencies covered
include tornadoes, hurricanes, floods, tidal waves,
earthquakes, icing conditions, heavy snows,
widespread fires, discharge of toxic gases,
widespread power failures, industrial explosions,
civil disorders, school closings and changes in
school bus schedules resulting from such
conditions, and warnings and watches of
impending changes in weather.’’ 47 CFR 79.2(a)(2).
As in the First Report and Order, we note that the
emergency information covered by this proceeding
does not include emergency alerts delivered
through the Emergency Alert System (EAS), the
accessibility requirements for which are contained
in Part 11 of the Commission’s rules. See 47 CFR
11.1 et seq.; First Report and Order, para. 9.
However, to the extent a broadcaster or other
covered entity uses the information provided
through EAS or any other source (e.g., the National
Weather Service) to generate its own crawl
conveying emergency information as defined in
section 79.2(a)(2) outside the context of an EAS
activation, it must comply with the requirements of
section 79.2. See First Report and Order, para. 9.
11 47 U.S.C. 613(g)(1).
12 Section 79.1 defines a ‘‘video programming
provider’’ as ‘‘[a]ny video programming distributor
and any other entity that provides video
programming that is intended for distribution to
residential households including, but not limited to
broadcast or nonbroadcast television network and
the owners of such programming.’’ 47 CFR
79.1(a)(12). Section 79.1 defines a ‘‘video
programming distributor’’ as ‘‘[a]ny television
broadcast station licensed by the Commission and
any multichannel video programming distributor as
defined in § 76.1000(e) of this chapter, and any
other distributor of video programming for
residential reception that delivers such
programming directly to the home and is subject to
the jurisdiction of the Commission.’’ Id. 79.1(a)(11).
13 47 U.S.C. 613(g)(2).
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the CVAA directs the Commission to
prescribe rules requiring certain
apparatus on which consumers receive
or play back video programming, such
as televisions, set-top boxes, DVD and
Blu-ray players, to have the capability to
decode and make available emergency
information and video description
services in a manner accessible to
individuals who are blind or visually
impaired, and requiring certain
apparatus designed to record video
programming to enable the rendering or
pass through of emergency information
and video description.14
6. The Commission adopted the First
Report and Order on April 9, 2013.15
The record compiled in the proceeding
reflected consensus among industry and
consumer groups supporting use of a
secondary audio stream to provide
emergency information in a manner
accessible to individuals who are blind
or visually impaired, which was
recommended by the VPAAC.16 Thus,
to implement the emergency
information requirements in Section
202, the First Report and Order adopted
rules requiring that video programming
providers (including program owners)
and video programming distributors use
a secondary audio stream to convey
televised emergency information
aurally, when such information is
conveyed visually during programming
other than newscasts.17 Pursuant to
section 203, the First Report and Order
also adopted rules applicable to
manufacturers that require apparatus
designed to receive, play back, or record
video programming transmitted
simultaneously with sound to make
available the secondary audio stream.18
7. In the Further Notice of Proposed
Rulemaking (‘‘Further Notice’’) that
accompanied the First Report and
Order, the Commission sought comment
on whether MVPDs are covered by the
emergency information rules when they
permit their subscribers to access linear
programming via mobile or other
devices.19 In a separate Further Notice
14 Id.
303(u)(1), 303(z)(1).
generally First Report and Order.
16 See First Report and Order, para. 13; VPAAC
Second Report: Access to Emergency Information at
7, 10–11.
17 See First Report and Order, para. 12; 47 CFR
79.2(b)(2)(ii). The Commission did not revise the
existing requirement applicable to emergency
information provided visually during newscasts,
explaining that the rule already requires such
information to be made accessible to individuals
who are blind or visually impaired through aural
presentation in the main program audio. First
Report and Order, para. 10. See 47 CFR 79.2(b)(2)(i).
18 See First Report and Order, paras. 49, 52; 47
CFR 79.105 through 79.106.
19 See Accessible Emergency Information;
Apparatus Requirements for Emergency
Information and Video Description: Implementation
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15 See
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of Proposed Rulemaking issued in
conjunction with the Commission’s
User Interfaces Order 20 (‘‘User
Interfaces Further Notice’’), also under
MB Docket No. 12–107, the Commission
sought comment on whether to require
manufacturers of apparatus covered by
section 203 of the CVAA to provide
access to the secondary audio stream
used for audible emergency information
by a simple and straightforward
mechanism, such as a mechanism
reasonably comparable to a button, key,
or icon.21 In particular, the Commission
sought comment on whether section
303(u)(1)(C) of the Communications Act
of 1934, as amended (the ‘‘Act’’), as
added by section 203 of the CVAA,
which requires that covered apparatus
have the capability to make available
emergency information in a manner that
is accessible to individuals who are
blind or visually impaired, gives the
Commission authority to adopt such a
requirement.22 Consumer and academic
commenters, including the American
Foundation for the Blind (‘‘AFB’’), the
American Council of the Blind (‘‘ACB’’),
and the Rehabilitation Engineering
Research Center for Wireless
Technologies (‘‘Wireless RERC’’),
support such a requirement, while
industry commenters oppose it.
8. To further implement sections 202
and 203 of the CVAA, we adopt the
of the Twenty-First Century Communications and
Video Accessibility Act of 2010, MB Docket Nos.
12–107, 11–43, Further Notice of Proposed
Rulemaking, FCC 13–45, 78 FR 31800 (2013)
(‘‘Further Notice’’) (accompanying First Report and
Order). The Commission also sought comment on
the following issues in the Further Notice: (i)
Whether MVPDs must pass through video
description on the secondary audio stream when
they permit their subscribers to access linear
programming via mobile or other devices; (ii)
whether the Commission should mandate that the
secondary audio stream include a particular tag
(e.g., a ‘‘visually impaired’’ (‘‘VI’’) tag); and (iii)
whether the Commission should require covered
entities to provide customer support services that
are specifically designed to assist consumers who
are blind or visually impaired to navigate between
the main and secondary audio streams. See id. The
Commission is continuing to consider these issues.
20 See Accessibility of User Interfaces, and Video
Programming Guides and Menus; 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, MB Docket Nos. 12–108, 12–107,
Report and Order, FCC 13–138, 78 FR 77210 (2013)
(‘‘User Interfaces Order’’); Accessibility of User
Interfaces, and Video Programming Guides and
Menus; 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, MB Docket Nos.
12–108, 12–107, Further Notice of Proposed
Rulemaking, FCC 13–138, 78 FR 77074 (2013)
(‘‘User Interfaces Further Notice’’).
21 See User Interfaces Further Notice, para. 9.
22 See id.; 47 U.S.C. 303(u)(1)(C); Public Law 111–
260, sec. 203.
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rules discussed below. Consistent with
the intent of the CVAA, we must ensure
that individuals with disabilities are not
left behind as new technologies and
platforms for viewing video
programming are developed, and we are
mindful of this as we revise our rules
promoting the accessibility of
emergency information.
III. Discussion
A. Accessible Emergency Information
Requirements for Linear Programming
on Mobile and Other Devices
9. Given the increasing number of
ways in which consumers are accessing
linear video programming from MVPDs,
we believe that it is important to further
define MVPD responsibilities with
regard to the secondary audio stream for
emergency information on mobile and
other devices. Specifically, we conclude
that MVPDs must pass through a
secondary audio stream containing
audible emergency information when
they permit consumers to access linear
programming on tablets, smartphones,
laptops, and similar devices 23 over the
MVPD’s network as part of their MVPD
services.24 For our purposes here, linear
video programming is accessed ‘‘over
the MVPD’s network’’ 25 if it can only be
received via a connection provided by
the MVPD 26 using an MVPD-provided
application or plug-in.27
1. Legal and Policy Analysis
10. In the Further Notice, we inquired
whether an MVPD is acting as a ‘‘video
programming distributor’’ that provides
23 In addition to tablets, smartphones, and
laptops, the phrase ‘‘similar devices’’ includes other
devices on which subscribers can view MVPDprovided linear programming over the MVPD’s
network, such as personal computers, game
consoles, and Roku devices.
24 At this time, this does not include over-the-top
(‘‘OTT’’) services, which are at issue in a separate
proceeding that considers whether to interpret the
term MVPD to include ‘‘services that make available
for purchase, by subscribers or customers, multiple
linear streams of video programming, regardless of
the technology used to distribute the
programming.’’ MVPD Definition NPRM, para. 1. As
in the MVPD Definition NPRM, we use the term
OTT to refer to linear video services that travel over
the Internet and that MVPDs do not treat as
managed video services on any MVPD system.
25 This definition applies when we use the phrase
‘‘over the MVPD’s network’’ throughout the item.
26 Video is ‘‘received via a connection provided
by the MVPD’’ if it is received either via an MVPD’s
broadband connection or if it is video that comes
over a coaxial or satellite connection that is
converted to IP in the home gateway.
27 This is distinguishable from video
programming provided over the Internet, which can
be accessed by an MVPD subscriber when using
either an MVPD-provided connection, or a thirdparty Internet service provider or broadband
connection. For example, a customer that uses a
tablet connected to a bookstore’s Wi-Fi to access
video programming would not be accessing the
programming ‘‘over the MVPD’s network.’’
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‘‘video programming’’ covered by the
emergency information rules adopted in
the First Report and Order when it
permits its subscribers to access linear
programming that contains emergency
information via tablets, laptops,
personal computers, smartphones, or
similar devices.28 We also sought
comment on whether, under this
approach, an MVPD should be required
to ensure that any application or plugin that it provides to the consumer to
access such programming is capable of
making emergency information audible
on a secondary audio stream.
11. We conclude that the accessible
emergency information requirements
adopted in the First Report and Order
should apply to linear video
programming distributed by MVPDs to
their subscribers over the MVPD’s
network, regardless of the device on
which such programming is viewed. In
the First Report and Order, the
Commission determined that the
accessible emergency information
requirements adopted therein apply to
video programming subject to section
79.2 that is provided by a covered
entity, i.e., video programming provided
by television broadcast stations licensed
by the Commission, MVPDs, and any
other distributor of video programming
for residential reception that delivers
such programming directly to the home
and is subject to the jurisdiction of the
Commission.29 As the National Cable &
Telecommunications Association
(‘‘NCTA’’) observes, MVPDs are
expressly included within the
regulatory definition of a ‘‘video
programming distributor.’’ 30 Further,
linear programming distributed by an
MVPD to a subscriber over the MVPD’s
network is ‘‘video programming’’
subject to section 79.2 of the rules. In
other words, it is ‘‘[p]rogramming
provided by, or generally considered
comparable to programming provided
by, a television broadcast station that is
distributed and exhibited for residential
use.’’ 31 Accordingly, MVPDs must
comply with the accessible emergency
information requirements when they
permit consumers to access linear
programming on tablets, smartphones,
laptops, and similar devices over the
MVPD’s network as part of their MVPD
28 Further
Notice, para. 2.
Report and Order, para. 7; 47 CFR
79.1(a)(10) through (11).
30 See Comments of the National Cable &
Telecommunications Association, MB Docket Nos.
12–107, 11–43, at 3 (‘‘NCTA Comments’’); 47 CFR
79.1(a)(11). See also First Report and Order, para.
33.
31 See NCTA Comments at 3; 47 CFR 79.1(a)(10).
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services.32 Further, section 202 of the
CVAA gives the Commission discretion
in how it implements the requirement
that video programming distributors,
including MVPDs, ‘‘convey [ ]
emergency information in a manner
accessible to individuals who are blind
or visually impaired.’’ 33 Thus, applying
the emergency information rules when
MVPDs permit subscribers to access
linear programming on mobile and other
devices over the MVPD’s network
adheres to the statutory directive to
ensure that emergency information is
conveyed in an accessible manner to
individuals with visual disabilities.
12. NCTA, AT&T Services, Inc.
(‘‘AT&T’’), and the Wireless RERC argue
that MVPDs should be covered by the
emergency information rules in section
79.2 when they provide linear
programming that contains emergency
information for viewing on mobile and
other devices within the home. NCTA
contends that ‘‘a cable operator
delivering linear broadcast stations
containing emergency information (or
any other linear video programming
service that might provide an aural
version of emergency information
covered by the rules) within a
subscriber’s home would be a ‘video
programming distributor’ for . . .
purposes [of the rules], even if the linear
service is received through use of an
operator-supplied app on a device
owned by a consumer.’’ 34 According to
NCTA, ‘‘cable operators would not
object to applying the emergency
information rules in these
circumstances.’’ 35 Likewise, AT&T
states that ‘‘when an MVPD is allowing
32 Given that we apply the rules only when
MVPDs permit consumers to access linear
programming on tablets, smartphones, laptops, and
similar devices over the MVPD’s network as part of
their MVPD services, and not to OTT services at
this time, we need not address the issues raised by
industry commenters with regard to whether the
Commission has authority under the CVAA to
extend the accessible emergency information
requirements in Section 79.2 to all linear
programming delivered over the Internet or via
Internet protocol (‘‘IP’’). See Comments of AT&T
Services, Inc., MB Docket Nos. 12–107, 11–43, at 3
(‘‘AT&T Comments’’); Comments of DIRECTV, LLC,
MB Docket Nos. 12–107, 11–43, at 5–6 (‘‘DIRECTV
Comments’’); Comments of the Consumer
Electronics Association, MB Docket Nos. 12–107,
11–43, at 6 (‘‘CEA Comments’’); Comments of the
Telecommunications Industry Association, MB
Docket Nos. 12–107, 11–43, at 3–4 (‘‘TIA
Comments’’); Reply Comments of the Entertainment
Software Association, MB Docket Nos. 12–107, 11–
43, at 3 (‘‘ESA Reply’’); Reply Comments of the
Information Technology Industry Council, MB
Docket Nos. 12–107, 11–43, at 3–4 (‘‘ITIC Reply’’).
See also Reply Comments of the National
Association of Broadcasters, MB Docket Nos. 12–
107, 11–43, at 2 (‘‘NAB Reply’’).
33 47 U.S.C. 613(g)(2).
34 NCTA Comments at 3.
35 Id.
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its subscribers to access video
programming that is distributed to the
home via the MVPD’s network, the
MVPD is subject to the Commission’s
emergency information rules, regardless
of the devices that are accessing the
video programming.’’ 36 The Wireless
RERC agrees with AT&T’s position.37
13. We believe that requiring MVPDs
to pass through a secondary audio
stream with audible emergency
information in these circumstances will
further the goals of the CVAA by
helping to ensure that emergency
information is made accessible to
individuals who are blind or visually
impaired when they watch linear video
programming provided by their MVPD
over the MVPD’s network, regardless of
the device on which they are viewing
the programming. The number of ways
in which consumers are able to access
linear programming from their MVPDs
is growing. As NCTA points out,
‘‘[c]able operators, as part of their
existing services, increasingly are
providing applications (‘apps’) or other
technologies that enable their
subscribers to view linear programming
within the home over the cable
operator’s network.’’ 38 Consumer
advocates emphasize the importance of
making sure that the emergency
information rules keep pace with such
trends and urge the Commission to
apply the emergency information rules
36 AT&T
Comments at 3.
Comments of the Rehabilitation
Engineering Research Center for Wireless
Technologies, MB Docket Nos. 12–107, 11–43, at 5
(‘‘Wireless RERC Reply’’).
38 See NCTA Comments at 2; Wireless RERC
Reply at 4; Letter from Diane B. Burstein, Vice
President and Deputy General Counsel, NCTA, to
Marlene H. Dortch, Secretary, FCC, at 1 (Apr. 4,
2014) (‘‘NCTA Apr. 4, 2014 Ex Parte Letter’’). See
also Further Notice, n.6 (stating that Cablevision
currently permits consumers to access its entire
package of video programming, including broadcast
channels that contain emergency information,
through its Optimum app for the iPad and other
devices); Charter Communications, Press Release,
Charter Announces Launch of Charter TV App
(Apr. 8, 2014) (announcing the Charter TV App
available for free download on various platforms,
through which ‘‘Charter TV customers can now
watch over 130 live TV Channels anywhere inside
their home on their mobile devices such as tablets
or smartphones’’); Comcast, Xfinity TV Apps,
available at https://xfinitytv.comcast.net/apps
(‘‘Turn any device into a personal TV screen
anywhere in your home. Stream any channel live,
watch XFINITY On DemandTM and access your
DVR shows on your tablet, smartphone or
computer.’’); Cox, About the Contour App, available
at https://www.cox.com/residential/support/tv/
article.cox?articleId=ee838930-c7d7-11e2-caa8000000000000 (‘‘With the Contour App, you can
[w]atch over 130 live channels and thousands of On
Demand programs while in the home.’’); Time
Warner Cable, TWC TV App, available at https://
www.timewarnercable.com/en/tv/features/twctv.html (‘‘Watch up to 300 live TV channels on up
to five of your favorite devices simultaneously in
your home with the TWC TV app’’).
37 Reply
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to mobile and other devices.39 In
addition, the Wireless RERC explains
that individuals who are blind or
visually impaired may not draw a
distinction between regular television
broadcasts and linear programming on
mobile and other devices offered as part
of an MVPD’s services and, therefore,
they argue that the emergency
information rules should apply equally
to the latter.40 We concur. Consumers
who choose to watch linear
programming offered by an MVPD on a
mobile device over the MVPD’s network
should not be deprived of timely and
potentially life-saving accessible
emergency information that they
otherwise would have received had they
watched the same programming on a
television.
14. Although we inquired in the
Further Notice as to whether the
emergency information rules should
apply to an MVPD’s linear programming
accessed outside the home, we find it
more appropriate to apply the rules
when MVPDs permit consumers to
access linear programming on tablets,
smartphones, laptops, and similar
devices over the MVPD’s network as
part of their MVPD services. In the
Further Notice, we noted that some
MVPDs currently enable subscribers to
access linear programming inside the
home as well as outside the home (i.e.,
TV Everywhere 41), and we sought
comment on whether our emergency
information rules should apply in both
39 See Wireless RERC Reply at 3–4; Comments of
Jose Cruz, MB Docket Nos. 12–107, 11–43, at 2
(arguing that ‘‘[t]he blind/visually impaired should
be able to access emergency broadcasts from their
MVPD . . . through mobile and/or other electronic
devices,’’ which ‘‘may affect their well-being or the
well-being of their families’’); Comments of Jeanette
M. Schmoyer, MB Docket Nos. 12–107, 11–43, at 1
(arguing that the accessible emergency information
requirements should apply to television
programming delivered over tablets, laptops,
smartphones, and similar devices, and stating that
‘‘[a]t the rate technology changes, PC’s are already
decreasing in sales in favor of laptops and tablets’’
and ‘‘[i]nformation provided as a visual element
needs to be provided in an audio element no matter
what the device’’).
40 See Wireless RERC Reply at 4.
41 See 16th Video Competition Report, para. 3
(‘‘These services, referred to as ‘TV Everywhere,’
allow MVPD subscribers to access both linear and
video-on-demand (‘VOD’) programming on a variety
of in-home and mobile Internet-connected
devices.’’); id. at n.22 (‘‘TV Everywhere is an
authentication system whereby certain movies and
television shows are accessible online via a variety
of display devices including personal computer,
mobile, and television—but only if you can prove
(or ‘authenticate’) that you have a subscription to
an MVPD.’’); id. para. 85 (‘‘Most of the video
programming offered on TV Everywhere is available
only to MVPD subscribers. Access to TV
Everywhere video programming is restricted
through the use of an authentication process that
requires a subscriber to select their MVPD service
provider and then provide a user ID and
password.’’) (citation omitted).
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situations, irrespective of where the
subscriber is physically located when
accessing the programming.42 Instead of
applying our rules based on where the
consumer is located when viewing the
programming, we look instead to
whether the programming is provided
over the MVPD’s network, as opposed to
over the Internet, given that Internetbased video services are currently at
issue in a separate proceeding. NCTA
argues that the rules should apply only
within an MVPD subscriber’s home, and
not outside of the home, ‘‘both because
of the limited scope of the statutory and
regulatory definitions, and because of
the nature of emergency information.’’ 43
We conclude that focusing on whether
the services are provided over the
MVPD’s network more clearly
delineates the services subject to the
rule and avoids confusion as to whether
the rule applies with respect to OTT
services that consumers may be able to
access in their homes.44 Further, to the
extent NCTA’s ‘‘in the home’’
construction is intended to ensure that
the emergency information rules do not
apply to video programming accessed
over the Internet, our approach to cover
linear programming accessed over the
MVPD’s network as part of an MVPD’s
services accomplishes this objective.
Our emergency information rules do not
apply, at this time, to an MVPD’s linear
programming that is accessed via the
Internet, such as TV Everywhere
offerings.
15. As mentioned above, we do not
apply these rules to over-the-top
services provided by MVPDs at this
time. In December 2014, we adopted a
Notice of Proposed Rulemaking
proposing to include within the
definition of MVPD certain Internetbased video services.45 Specifically, we
proposed ‘‘to modernize our
interpretation of the term ‘multichannel
video programming distributor’
Notice, para. 2.
Comments at 3, n.11. See also AT&T
Comments at 1; CEA Comments at 4 (‘‘The
Commission consistently has applied Section[ ]
79.2 only in the context of traditional broadcast
television and MVPD services, which are classic
examples of services for residential reception that
deliver such programming directly to the home.’’)
(citation omitted); TIA Comments at 4 (‘‘The
Commission’s video description and emergency
information requirements are appropriately limited
to the MVPD’s traditional programming offered
within the home, and that qualifies as linear video
programming under Part 79.1 of the Commission’s
rules.’’); ESA Reply at 3 (‘‘The CVAA imposes
emergency information requirements not on the full
range of video programming, but only on that
programming intended for in-home reception.’’).
44 Moreover, we disagree with NCTA’s argument
that emergency information is irrelevant to a
subscriber outside of his or her home. See NCTA
Comments at 3, n.11.
45 See MVPD Definition NPRM, para. 1.
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42 Further
43 NCTA
Frm 00034
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(‘MVPD’) by including within its scope
services that make available for
purchase, by subscribers or customers,
multiple linear streams of video
programming, regardless of the
technology used to distribute the
programming.’’ 46 In that NPRM, we
specifically sought comment on the
application of our rules pertaining to
accessibility of emergency information
by persons with disabilities to Internetbased distributors of video programming
that qualify as MVPDs under the
proposed definition.47 We conclude,
therefore, that application of the
emergency information rules to such
services is better addressed in that
proceeding.
2. MVPD Obligations
16. We conclude that MVPDs must
ensure that any application or plug-in
that they provide to consumers to access
linear programming over the MVPD’s
network on mobile and other devices is
capable of passing through the aural
representation of emergency
information (including the
accompanying aural tone) on a
secondary audio stream. In so
concluding, we do not change the
underlying obligations applicable to
video programming distributors and
video programming providers as set
forth in the First Report and Order. In
the First Report and Order, the
Commission concluded that the video
programming distributor or video
programming provider that creates
visual emergency information content
and adds it to the programming stream
is responsible for providing an aural
representation of the information on a
secondary audio stream, accompanied
by an aural tone.48 The Commission also
found that video programming
distributors are responsible for ensuring
that the aural representation of the
emergency information and the
accompanying aural tone get passed
through to consumers.49 NCTA asserts
that ‘‘the Further Notice appears to
contemplate an additional requirement
that operators ‘mak[e] the emergency
information audible on a secondary
audio stream’ on devices that they do
not control,’’ which, they argue, goes
46 Id.
47 Id.
at para. 56.
Report and Order, para. 36; 47 CFR
79.2(b)(2)(ii). In addition, both video programming
distributors and video programming providers are
responsible for ensuring that aural emergency
information supersedes all other programming on
the secondary audio stream, with each entity
responsible only for its own actions or omissions
in this regard. First Report and Order, para. 36; 47
CFR 79.2(b)(5).
49 First Report and Order, para. 36; 47 CFR
79.2(b)(2)(ii).
48 First
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beyond the requirement to ensure that
aural emergency information gets
passed through to consumers.50 We
agree that, consistent with the
responsibilities set forth in the current
rule, to the extent MVPDs do not
originate visual emergency information
that is added to the programming
stream, they are not responsible for
providing an aural representation of the
information on a secondary audio
stream.51 MVPDs are responsible for
ensuring that the aural representation of
emergency information on the
secondary audio stream gets passed
through to consumers, and we find that
this obligation applies if the MVPD
permits the consumer to view linear
programming on mobile and other
devices over the MVPD’s network as
part of its MVPD services.
3. Apparatus Manufacturer Obligations
17. We also sought comment in the
Further Notice as to whether apparatus
manufacturers covered by section 203 of
the CVAA should be required to ensure
that tablets, laptops, personal
computers, smartphones, and similar
devices are capable of receiving the
secondary audio stream.52 As part of
this inquiry, we asked whether
apparatus manufacturers should be
solely responsible for making
emergency information accessible on
these types of devices, or whether both
the MVPD and the manufacturer have a
role in facilitating the provision of the
secondary audio stream on such
devices.53 Consumer electronics
industry commenters argue that
manufacturers should not be subject to
compliance obligations because
apparatus have no control over the
audio functionality of MVPD
applications and technologies used to
distribute linear programming on
mobile and other devices.54 For
50 NCTA
Comments at 3–4 (citation omitted).
NCTA argues that ‘‘[c]able operators
do not originate the type of ‘emergency information’
addressed by the Commission’s new rule,’’ but
‘‘simply pass along the aural emergency
information contained in a secondary audio stream
that is created by the originator of that
information,’’ NCTA Comments at 4, we reiterate
our position ‘‘that to the extent an MVPD does
create a crawl or other visual graphic conveying
local emergency information as defined in Section
79.2 and embeds it in non-newscast programming,
it should also be responsible for making the visual
emergency information aurally accessible.’’ First
Report and Order, n.38.
52 Further Notice, para. 3.
53 Id.
54 See Comments of CTIA–The Wireless
Association, MB Docket Nos. 12–107, 11–43, at 2,
5–6 (‘‘CTIA Comments’’); CEA Comments at 10–11;
TIA Comments at 4–5; ITIC Reply at 5; Letter from
Julie M. Kearney, Vice President, Regulatory
Affairs, CEA, to Marlene H. Dortch, Secretary, FCC,
at 2 (Mar. 28, 2014) (‘‘CEA Mar. 28, 2014 Ex Parte
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51 Although
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example, CTIA–The Wireless
Association (‘‘CTIA’’) explains that
mobile device manufacturers have no
control over the development or
installation of MVPD applications, and
once an MVPD application is installed
on a mobile device, the application
controls the audio capabilities, i.e.,
whether there are multiple audio
streams and which audio stream is
heard by the user.55 According to CTIA,
‘‘the mobile device simply supports the
general audio functionality of the
device, so that it will play whatever
audio stream the app itself provides.’’ 56
Likewise, CEA contends that if an
MVPD application is capable of
delivering and switching between more
than one audio stream for linear
programming, the device generally will
play the audio stream delivered by the
application.57
18. Based on the record, we do not
impose compliance obligations on the
manufacturers of apparatus covered by
section 203 of the CVAA with regard to
ensuring that any application or plug-in
that MVPDs provide to consumers to
access linear programming on mobile
and other devices is capable of passing
through audible emergency information
on a secondary audio stream. The record
demonstrates that such entities typically
do not control either the applications or
technologies in question or the ability of
consumers to select and receive the
secondary audio stream for MVPDprovided linear programming on mobile
and other devices. We believe that the
responsibility for passing through the
aural representation of emergency
information in the secondary audio
stream properly lies with MVPDs.
However, to the extent MVPD
applications or other technologies have
been designed and developed to work
on a specific type of device or platform,
we expect that users will be able to hear
the secondary audio stream in an MVPD
application through the native audio
functionality of the device, as professed
by industry commenters. We may
impose obligations on manufacturers in
the future if we find that the apparatus
itself does not make a secondary audio
stream with audible emergency
information from an MVPD application
available to the apparatus user or
Letter’’). See also Wireless RERC Reply at 5
(agreeing with TIA and CTIA that the responsibility
for accessible emergency information on mobile and
other devices lies with MVPDs because they are
providing the video programming via an
application or Web site, and ‘‘thus the mobile
device in this case is serving as a conduit’’).
55 CTIA Comments at 5.
56 Id.
57 CEA Mar. 28, 2014 Ex Parte Letter at 1–2.
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otherwise impedes the ability of a user
to hear the secondary audio stream.58
4. Compliance Deadline
19. We adopt a compliance deadline
of two years after publication of the
Second Report and Order in the Federal
Register. NCTA requests that the
Commission provide MVPDs at least
two years after adoption of new
requirements to come into compliance
because of the technical challenges
involved.59 NCTA explains that passing
through a secondary audio stream to
mobile and other devices in the home is
‘‘a different, more complex, and more
costly matter’’ than passing a secondary
audio stream through to a television
set.60 According to NCTA, ‘‘cable
operators generally just pass through the
primary audio stream to operatorprovided apps,’’ and thus, ‘‘operators
would have to acquire additional
equipment and encoding to support the
pass through of an additional audio
stream in IP,’’ and ‘‘operators may need
to provide audio enhancements to many
different apps created to serve a
multiplicity of devices in the home.’’ 61
Given these challenges, NCTA asks for
sufficient time to allow operators to
support the capability for a secondary
audio stream on these devices going
forward.62 DIRECTV states that
developing the technological ecosystem
to support a secondary audio stream for
emergency information in the IP context
‘‘would be a massive undertaking’’
because linear programming delivered
via IP does not currently include this
capability, the equipment used to view
such programming does not currently
support it, and adding additional data to
58 See ESA Reply at 4 (‘‘If . . . the Commission
were to impose emergency information
requirements on IP-delivered linear video
programming within the home, any responsibility
on devices should be limited to a ‘do not block’ or
‘do no harm’ requirement.’’). See also Wireless
RERC Reply at 5 (‘‘[I]f mobile device
manufacture[r]s at any point incorporate the ability
to tune into linear programming via a chip or other
built-in modification (via software, hardware or
firmware) or an app that is ‘integrated into a mobile
device by the manufacturer,’ then the device
manufacturer should be responsible for ensuring
the provision of accessible emergency
information.’’) (citation omitted).
59 NCTA Comments at 5. See also CEA Comments
at 9 (arguing that a two-year period would be
consistent with deadlines the Commission has
adopted in other CVAA proceedings); ESA Reply at
4 (suggesting that ‘‘any deadline should be subject
to industry development of appropriate technical
standards, with a subsequent phase-in period of at
least two years after adoption of such standard to
address any complicated handoffs of other technical
and business challenges’’).
60 NCTA Comments at 4–5.
61 Id. at 5. See also NCTA Apr. 4, 2014 Ex Parte
Letter at 1–2.
62 NCTA Apr. 4, 2014 Ex Parte Letter at 2.
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the video stream would further congest
strained broadband capabilities.63
20. Although we acknowledge that
today MVPDs typically pass through a
single audio stream in the IP context,64
the record also demonstrates that at
least some MVPDs are already able to
use a secondary audio stream to deliver
emergency information when they
provide linear programming on mobile
and other devices. Notably, Comcast has
made investments in infrastructure to
enable the secondary audio stream
when it offers its cable services through
its Xfinity applications, and, currently,
‘‘Comcast customers can access the
secondary audio stream via the Xfinity
user interface on a number of thirdparty devices.’’ 65 Further, Cablevision
customers currently can access the
secondary audio stream when using
Cablevision’s Optimum application on a
laptop or personal computer, though not
when using this application on other
mobile devices.66 Cablevision has
already initiated efforts to transmit the
secondary audio stream over the
Optimum application on mobile and
other devices, and explains that the
process of implementing this
functionality involves further
development of the application,
software upgrades, and testing.67
21. Based on our review of the record,
we conclude that a compliance deadline
of two years after publication of the
Second Report and Order in the Federal
Register is reasonable, though we
encourage covered MVPDs to offer this
functionality as soon as it is technically
feasible for them to do so. The record
shows that MVPDs may need to take a
number of steps to achieve compliance,
such as acquiring additional equipment
to support the pass through of the
secondary audio stream for IP and
developing or modifying applications to
support this type of audio functionality
63 DIRECTV
Comments at 7. See also NAB Reply
at 3.
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64 NCTA
Apr. 4, 2014 Ex Parte Letter at 1.
65 See Letter from James R. Coltharp, Chief Policy
Advisor, FCC & Regulatory Policy, Comcast
Corporation, to Marlene H. Dortch, Secretary, FCC,
at 1 (May 23, 2014).
66 See Letter from Tara M. Corvo, Counsel for
Cablevision Systems Corp., to Marlene H. Dortch,
Secretary, FCC, at 1 (June 26, 2014).
67 Id. In addition, we note that Netflix has begun
to include alternative audio tracks for their
programming on Netflix-supported devices. See
Todd Spangler, Netflix Adding Audio Description
Tracks for Visually Impaired, Starting with
‘Marvel’s Daredevil,’ Variety (Apr. 14, 2015),
available at https://variety.com/2015/digital/news/
netflix-adding-audio-description-tracks-for-visuallyimpaired-starting-with-marvels-daredevil1201472372/# (noting that ‘‘the company is working
with studios and other content owners to increase
the amount of audio description across a range of
devices including smart TVs, tablets and
smartphones’’).
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for a number of devices. We believe that
a two-year period will provide sufficient
time for MVPDs to achieve these steps,
along with the requisite testing and
implementation, and is consistent with
other timeframes adopted by the
Commission for CVAA-related
compliance.68
B. Activation Mechanism for Audible
Emergency Information on the
Secondary Audio Stream
22. We require manufacturers of
apparatus subject to section 79.105 of
the Commission’s rules 69 to provide a
mechanism that is simple and easy to
use, such as one that is reasonably
comparable to a button, key, or icon, for
activating the secondary audio stream
for audible emergency information. We
conclude that such a requirement is
necessary to ensure that covered
apparatus are capable of making
available emergency information in a
manner that is accessible to individuals
who are blind or visually impaired, as
mandated by section 203 of the CVAA.70
1. Legal and Policy Analysis
23. In the User Interfaces Further
Notice, the Commission sought
comment on whether to require
manufacturers of apparatus covered by
section 203 of the CVAA to provide
access to the secondary audio stream
used for audible emergency information
in a simple, straightforward, and timely
manner, such as through a mechanism
reasonably comparable to a button, key,
or icon.71 Section 303(u)(1)(C) of the
Act, as added by Section 203 of the
CVAA, requires that apparatus designed
to receive and play back video
programming transmitted
simultaneously with sound ‘‘have the
capability to decode and make available
emergency information (as that term is
defined in section 79.2 of the
Commission’s regulations (47 CFR 79.2))
in a manner that is accessible to
individuals who are blind or visually
impaired.’’ 72 Further, section 203 also
provides the Commission with authority
to ‘‘prescribe such regulations as are
necessary to implement the
requirements of section[] 303(u) . . . of
First Report and Order, para. 37.
CFR 79.105. Covered apparatus include
apparatus that are designed to receive or play back
video programming transmitted simultaneously
with sound that is provided by entities subject to
sections 79.2 and 79.3, are manufactured or
imported for use in the United States, and use a
picture screen of any size, subject to certain
exemptions. See id. 79.105(a) through (b).
70 47 U.S.C. 303(u)(1)(C).
71 User Interfaces Further Notice, para. 9.
72 47 U.S.C. 303(u)(1)(C).
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68 See
69 47
Frm 00036
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the Communications Act.’’ 73 Pursuant
to these statutory provisions, we find
that the Commission has authority to
require that the secondary audio
stream—which is used to make
emergency information audible to
individuals who are blind or visually
impaired—be made available on
covered apparatus in a manner that is
accessible to such individuals.74
24. As noted above, in the First Report
and Order, we required video
programming providers and distributors
to use the secondary audio stream as the
means to provide accessible emergency
information for individuals who are
blind or visually impaired in
accordance with section 202 of the
CVAA. Thus, to implement section 203
of the CVAA, we required apparatus
designed to receive and play back video
programming transmitted
simultaneously with sound to decode
and make available the secondary audio
stream in a manner that enables
consumers to select the stream used for
transmission and delivery of emergency
information.75 Notably, the Commission
was given authority and discretion to
promulgate regulations requiring
covered entities to convey emergency
information in a manner accessible to
individuals who are blind or visually
impaired. Use of the secondary audio
stream to provide audible emergency
information was not mandated by
Congress.76 For example, the
Commission could have required that
visual emergency information be made
audible on the main program audio.77
Given broad-based support from
consumers and industry, as well as the
recommendation of the VPAAC,
however, the Commission decided that
the secondary audio stream would be
the best method to make visual
information presented during nonnewscast programming audibly
accessible to individuals who are blind
73 Public
Law 111–260, sec. 203(d).
Reply Comments of the Rehabilitation
Engineering Research Center for Wireless
Technologies, MB Docket Nos. 12–108, 12–107, at
8 (Feb. 25, 2014) (‘‘Wireless RERC User Interfaces
Reply Comments’’); Reply Comments of the
American Foundation for the Blind and the
American Council of the Blind, MB Docket Nos. 12–
108, 12–107, at 2 (Mar. 20, 2014) (‘‘AFB/ACB User
Interfaces Reply Comments’’).
75 First Report and Order, para. 50; 47 CFR
79.105(a).
76 See 47 U.S.C. 613(g)(1) through (2),
303(u)(1)(C). See also S. Rep. No. 111–386, at 13
(‘‘The Committee is aware that emergency alert
information is inherently local and time sensitive
in nature. Therefore it is the intention of the
Committee that the Commission have flexibility
with respect to applying the requirements of new
section 713(g). . . .’’); H.R. Rep. No. 111–563, at 29
(same).
77 See VPAAC Second Report: Access to
Emergency Information at 8. See also id. at 11–12.
74 See
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or visually impaired. Yet, emergency
information presented aurally on the
secondary audio stream is not, as a
practical matter, fully accessible to such
individuals unless they are able to
promptly switch to the secondary audio
stream to hear the critical details of an
emergency in a timely manner. As the
VPAAC concluded, unless blind or
visually impaired consumers are able to
more easily control the means of
accessing the secondary audio stream on
devices, ‘‘emergency information
present on the secondary audio channel
may not be readily accessible.’’ 78
25. Although the requirements related
to the provision of accessible emergency
information on a secondary audio
stream have not yet gone into effect,79
the experiences of consumers who use
the secondary audio stream for video
description are illustrative in showing
how difficult it is for consumers to
access any kind of programming on the
secondary audio stream. Currently, the
process for activating the secondary
audio stream is often arduous and timeconsuming.80 In the User Interfaces
Further Notice, the Commission
observed that individuals who are blind
or visually impaired have experienced
difficulty with accessing the secondary
audio stream because the mechanism for
switching to the secondary audio stream
from the main program audio is buried
in several layers of on-screen menus.81
Likewise, in a CVAA-required report to
Congress on video description, the
Commission noted that numerous
individual commenters who are blind or
visually impaired contend that
activating the secondary audio stream
on televisions and set-top boxes is
challenging, and sometimes impossible
for individuals who are blind or visually
78 VPAAC Second Report: Access to Emergency
Information at 7–8 (‘‘To obtain emergency
information from television programming, many
users with visual disabilities require a greater level
of access to controls on receiving devices than most
models of such devices offer today. . . . [A] blind
or visually impaired person will need a reliable
method of accessing the secondary audio feed if
emergency information is to be provided on [this]
service.’’).
79 Compliance with the accessible emergency
information rules adopted in the First Report and
Order is required by May 26, 2015, subject to
certain exceptions. See 47 CFR 79.2(b)(2)(ii),
79.105(a), 79.106(a). See also First Report and
Order, paras. 37–45, paras. 76–77.
80 See AFB/ACB User Interfaces Reply Comments
at 2 (noting that AFB, ACB, and individual
consumers ‘‘have commented on the current
difficulty, and frequently virtual impossibility, of
locating [video] description controls and turning
[video] description on’’); Video Description:
Implementation of the Twenty-First Century
Communications and Video Accessibility Act of
2010, MB Docket No. 11–43, Report to Congress, DA
14–945, para. 32, nn.102–05 (MB rel. Jun. 30, 2014)
(‘‘Video Description Report to Congress’’).
81 User Interfaces Further Notice, para. 9.
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impaired, due to the complexities of
navigating through multiple on-screen
menus to select this feature.82 While it
is important that consumers who are
blind or visually impaired are able to
access the secondary audio stream for
video description services, it is even
more critical that consumers who are
blind or visually impaired are able to
access the secondary audio stream for
audible emergency information, and
that they are able to do so in a timely
manner.83 In an emergency situation,
every second counts. Thus, to ensure
that emergency information is made
readily accessible, we conclude that
individuals who are blind or visually
impaired must be able to activate the
secondary audio stream in a simple and
easy to use manner.
26. Requiring a simple and easy to use
mechanism for activating the secondary
audio stream for emergency information
will provide a substantial benefit for
consumers who are blind or visually
impaired by providing an easy and
quick method to switch to the secondary
audio stream to hear critical emergency
information. According to AFB and
ACB, ‘‘the importance of a streamlined
and obvious means for accessing
emergency information is
indispensable,’’ given that the
information being accessed ‘‘may very
well save lives.’’ 84 Indeed, as the
Commission has consistently
recognized, ‘‘providing all viewers with
accurate information regarding
emergencies is of great importance.’’ 85
Emergency information is of unique
significance given its potential impact
on public safety, and it is essential that
persons with disabilities have access to
the same time-sensitive emergency
information to which other viewers
have access. Our emergency information
Description Report to Congress, para. 32.
VPAAC Second Report: Access to
Emergency Information at 7 (‘‘The effective use of
video description by the blind or visually impaired
for any purpose requires convenient, reliable and
readily available access to the video description
service [on the secondary audio stream]. If this
service is to convey emergency information, the
convenience of such access is all the more
important.’’).
84 AFB/ACB User Interfaces Reply Comments at
2. See also Wireless RERC User Interfaces Reply
Comments at 9 (strongly urging the Commission to
adopt a requirement for a mechanism reasonably
comparable to a button, key, or icon for accessing
the secondary audio stream for audible emergency
information because ‘‘[t]his can be a life and death
scenario where people with vision disabilities
would miss information that affects their immediate
safety’’).
85 Implementation of Section 305 of the
Telecommunications Act of 1996, Closed
Captioning and Video Description of Video
Programming: Accessibility of Emergency
Programming, MM Docket No. 95–176, Second
Report and Order, FCC 00–136, 65 FR 26757 (2000).
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83 See
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39705
requirements, including the activation
mechanism requirement we adopt here,
will ensure that critical information that
is conveyed on television to further the
protection of life, health, safety, and
property in an emergency is available to
every viewer in a timely manner,
including persons with visual
disabilities.
27. We find that requiring the
provision of a simple and easy to use
activation mechanism for audible
emergency information on the
secondary audio stream is necessary to
fulfill the statute’s mandate that
emergency information be made
accessible to individuals who are blind
or visually impaired. This is particularly
true given the time-sensitive nature of
emergency information. At the same
time, however, we believe it is
important that the industry has
flexibility in choosing the precise means
for activating the secondary audio
stream.86 Accordingly, we do not
mandate a particular means of
compliance. For example, we note that
the VPAAC stated that covered entities
could provide a dedicated button on a
remote control to activate the secondary
audio stream, a mechanism it singled
out as useful.87 However, we believe the
better path is to give industry the
flexibility to develop simple and easy to
use activation methods, similar to the
approach we adopted to implement the
requirements of sections 204 and 205 of
the CVAA.88 Some industry
commenters have indicated that they
have already begun developing
innovative approaches to comply with
the activation mechanism rules adopted
in the User Interfaces Order. For
example, NCTA states that activation
methods now in development include
programmable buttons on remote
controls and that voice and gesture
controls will likely be offered in
addition to these methods.89
86 See User Interfaces Order, para. 81 (stating that
the requirement to provide an activation
mechanism reasonably comparable to a button, key,
or icon ‘‘is consistent with Congress’s intent ‘to
ensure ready access to [closed captioning and video
description] features by persons with disabilities,’
while still giving covered entities the flexibility
contemplated by the statute’’).
87 See VPAAC Second Report: Access to
Emergency Information at 8–9 (‘‘In the event that
. . . the crawl or scroll is made auditory in the
secondary audio channel, several other methods
could possibly be used to assist visually impaired
consumers in gaining access to this audio service.
For example, physical buttons on the remote
control may help individuals with visual
disabilities enable the second audio channel.’’).
88 User Interfaces Order, para. 81.
89 See National Cable & Telecommunications
Association, Opposition to Petition for
Reconsideration, MB Docket Nos. 12–108, 12–07, at
7 (filed Feb. 18, 2014). See also Letter from James
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28. Industry commenters raise a
number of legal arguments as to why
they believe the Commission should not
require an activation mechanism for
audible emergency information on
section 203 apparatus, but we find each
of them to be unpersuasive. As we
explain below, we require covered
entities to provide a simple and easy to
use activation mechanism and find that
a mechanism reasonably comparable to
a button, key, or icon would satisfy this
standard. We disagree with commenters
who contend that the Commission
should not require covered entities to
provide a simple means for accessing
the secondary audio stream for
emergency information because section
203 does not contain such a mandate.90
As explained above, section 303(u)(1)(C)
of the Act requires generally that
covered apparatus have the capability to
make available emergency information
in an accessible manner, and section
203 of the CVAA grants the Commission
authority to adopt regulations that are
necessary to implement this
requirement.91 Thus, the Commission
has latitude to adopt requirements that
will ensure that emergency information
is made available in an accessible
manner.
29. For similar reasons, we reject
industry commenters’ argument that the
Commission has no authority to require
an activation mechanism for audible
emergency information because
Congress specifically required an
activation mechanism reasonably
comparable to a button, key, or icon in
sections 204 and 205 of the CVAA, but
not in section 203 of the CVAA.92 CEA
opines that ‘‘[i]f Congress had meant for
such a specific requirement to apply to
emergency information, it surely would
R. Coltharp, Chief Policy Advisor, FCC & Regulatory
Policy, Comcast Corporation, to Marlene H. Dortch,
Secretary, FCC, at 1 (Mar. 20, 2015) (detailing a
demonstration of how consumers can activate and
use the talking guide, closed captioning, and video
description on Comcast’s X1 platform).
90 Comments of the Consumer Electronics
Association, MB Docket Nos. 12–108, 12–107, at 8
(Feb. 18, 2014) (‘‘CEA User Interfaces Comments’’).
See also Comments of DISH Network L.L.C. and
EchoStar Technologies L.L.C., MB Docket Nos. 12–
108, 12–107, at 6 (Feb. 18, 2014) (‘‘DISH/EchoStar
User Interfaces Comments’’) (‘‘The absence of a
‘reasonably comparable’ mechanism requirement in
Section 203 precludes the Commission from
imposing such a requirement in that context.’’);
Reply Comments of the Consumer Electronics
Association, MB Docket Nos. 12–108, 12–107, at 5
(Mar. 20, 2014) (‘‘CEA User Interfaces Reply
Comments’’).
91 47 U.S.C. 303(u)(1)(C); Public Law 111–260,
sec. 203(d).
92 See CEA User Interfaces Comments at 9; DISH/
EchoStar User Interfaces Comments at 5–7;
Comments of the National Cable &
Telecommunications Association, MB Docket Nos.
12–108, 12–107, at 6 (Feb. 18, 2014) (‘‘NCTA User
Interfaces Comments’’).
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have said so in section 203.’’ 93
However, this argument also fails to
recognize that Congress gave the
Commission authority to identify
methods to convey emergency
information in a manner accessible to
individuals who are blind or visually
impaired, and to promulgate regulations
(i) requiring covered video programming
providers and distributors to convey
emergency information in an accessible
manner, and (ii) requiring covered
apparatus to have the capability to make
emergency information available in an
accessible manner.94 In other words, as
discussed above, when Congress
enacted the CVAA, it did not specify the
particular requirements for making
emergency information available in a
manner accessible to individuals who
are blind or visually impaired. Rather, it
gave the Commission authority and
discretion to adopt implementing
regulations. Moreover, as Congress did
not specify in the statute that covered
entities must use a secondary audio
stream to convey audible emergency
information to individuals who are
blind or visually impaired, there was no
reason for Congress to mandate a simple
and easy to use mechanism to access
that stream. Indeed, had the
Commission chosen instead to
implement section 203 by requiring all
emergency information to be audible on
the primary audio stream, there would
have been no need for an activation
mechanism for the secondary audio
stream that is reasonably comparable to
a button, key, or icon. Thus, even
though the ‘‘reasonably comparable to a
button, key, or icon’’ language is
included in other sections of the CVAA,
we do not believe its omission from
section 203 is indicative of Congress’
intent to bar the Commission from
requiring an activation mechanism in
the emergency information context. We
find this argument fails to recognize the
rulemaking authority Congress granted
93 CEA User Interfaces Comments at 9. See also
DISH/EchoStar User Interfaces Comments at 6 (‘‘If
Congress had intended for the Commission to
require that access to the secondary audio stream
for audible emergency information on apparatus
covered by section 203 be available via a
mechanism ‘reasonably comparable to a button,
key, or icon,’ or any other specified mechanism,
Congress would have stated so.’’); NCTA User
Interfaces Comments at 6 (noting that section 205
specifically references a mechanism for activating
closed captioning, but ‘‘section 203 . . . does not
reference a mechanism at all. Under these
circumstances, no additional authority to impose
such a requirement can be inferred.’’); CEA User
Interfaces Reply Comments at 6. See also Letter
from Diane B. Burstein, Vice President and Deputy
General Counsel, NCTA, to Marlene H. Dortch,
Secretary, FCC, at 1 (Feb. 18, 2015) (‘‘NCTA Feb.
18, 2015 Ex Parte Letter’’).
94 See 47 U.S.C. 613(g)(1) through (2),
303(u)(1)(C).
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the Commission in section 203 to ensure
that covered apparatus have the
capability to make available emergency
information in an accessible manner. As
explained above, the record
demonstrates that such a mechanism is
necessary to carry out the statutory
directive.95
30. NCTA and CEA point out that the
Commission adopted rules pursuant to
sections 204 and 205 of the CVAA
requiring the accessibility of appropriate
built-in apparatus functions on digital
apparatus and the audible accessibility
of on-screen text menus and guides used
for the display or selection of
multichannel video programming on
navigation devices for individuals who
are blind or visually impaired.96
According to NCTA and CEA, because
individuals who are blind or visually
impaired will have audible access to the
on-screen menus used to locate the
secondary audio stream, ‘‘no additional
dedicated ‘mechanism’ will be needed
for blind or visually impaired customers
to be able to readily locate’’ the
secondary audio stream for emergency
information.97 Although we believe that
these new regulations will make it
easier for individuals who are blind or
95 Commissioner Pai dissents ‘‘from the
requirement that manufacturers of televisions, settop boxes, and other covered devices include in
those apparatuses a mechanism for activating the
secondary audio stream for emergency information
that is reasonably comparable to a button, key, or
icon.’’ He objects to what he describes as importing
into the rules implementing section 203 of the
CVAA specific mandates set forth in sections 204
and 205 of the CVAA. See Statement of
Commissioner Ajit Pai, Approving in Part and
Dissenting in Part. The rule we adopt today,
however, does no such thing. Rather, it requires
only that ‘‘all apparatus subject to this section must
provide a simple and easy to use mechanism for
activating the secondary audio stream for audible
emergency information.’’ See 47 CFR 79.105(d).
While the dissent distinguishes between ‘‘the
capabilities that devices must have’’ and ‘‘the
means of activating those capabilities,’’ id., the
Commission finds that distinction artificial. In
directing the Commission to ensure that covered
apparatus ‘‘have the capability to decode and make
available emergency information . . . in a manner
that is accessible to individuals who are blind or
visually impaired,’’ the majority does not believe
that Congress intended that such apparatus have
capabilities such as an audio stream of emergency
information that are impossible for individuals who
are blind or vision impaired to activate quickly
when they are needed—in an emergency. Such a
distinction would be self-defeating. As discussed in
the order, the statutory directive that the
Commission adopt rules ensuring that emergency
information is accessible to individuals who are
blind or visually impaired grants the Commission
ample authority for the rules we adopt today.
96 See NCTA User Interfaces Comments at 7; CEA
User Interfaces Reply Comments at 6.
97 Id. See also NCTA Feb. 18, 2015 Ex Parte Letter
at 1, n.2 (‘‘We further explained that audiblyaccessible guides and menus will assist blind or
visually impaired individuals in locating [the]
secondary audio stream that will contain emergency
information as well as video description.’’).
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visually impaired to access the
secondary audio stream for video
description, they will not fully alleviate
accessibility issues with regard to
audible emergency information. In
particular, if the activation mechanism
for the secondary audio stream is buried
in multiple levels of menus, it will still
be a time-consuming process for
individuals who are blind or visually
impaired to navigate through those
menus, even if the menus are made
audible, and such individuals will not
have ready and immediate access to
time-sensitive emergency information.
As AFB and ACB emphasize, ‘‘it is
imperative that the Commission . . .
ensure ease of use so that consumers are
not confounded by avoidable
technological barriers at the very time
when time is of the essence.’’ 98 We find
that, as part of their obligation to make
emergency information available in a
manner that is accessible to individuals
who are blind or visually impaired,
manufacturers of covered apparatus
must ensure that these individuals are
provided with a mechanism to quickly
activate the secondary audio stream to
hear audible emergency information.
2. Apparatus Manufacturer Obligations
31. Manufacturers of apparatus
covered by section 79.105 of the
Commission’s rules must provide a
simple and easy to use mechanism for
activating the secondary audio stream
for audible emergency information.99 As
described above, to provide some
guidance to industry, we find that
providing a mechanism reasonably
comparable to a button, key, or icon—
as is required for activating closed
captioning and video description on
section 204 digital apparatus, and for
activating closed captioning on section
205 navigation devices—would comply
with the requirement to provide a
simple and easy to use mechanism for
activating the secondary audio stream
98 AFB/ACB
User Interfaces Reply Comments at
2.
100 User
Interfaces Order, para. 81.
at para. 81. The Commission is considering
a Petition for Reconsideration filed by the National
Association of the Deaf along with other consumer
and academic groups which asks the Commission
to reconsider allowing voice commands as
compliant mechanisms for activating closed
captioning, and to reconsider allowing gestures as
compliant mechanisms for activating closed
captioning and video description. See Petition for
Reconsideration of the National Association of the
Deaf, Telecommunications for the Deaf and Hard of
Hearing, Inc., Deaf and Hard of Hearing Consumer
Advocacy Network, Association of Late-Deafened
Adults, Inc., Hearing Loss Association of America,
California Coalition of Agencies Serving the Deaf
and Hard of Hearing, Cerebral Palsy and Deaf
Organization, and Technology Access Program
Gallaudet University, MB Docket Nos. 12–107, 12–
108 (Jan. 20, 2014).
101 Id.
99 We
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for audible emergency information. The
Commission will consider the
simplicity and ease of use of the
mechanism in determining whether the
statutory requirement has been met, i.e.,
that the covered apparatus has the
capability to make available emergency
information in an accessible manner.
Consistent with our approach in the
User Interfaces Order,100 we will
consider examples of compliant
mechanisms to include, but not be
limited to, a dedicated button, key, or
icon; voice commands; gestures; and a
single step activation from the same
location as the volume controls.101 This
approach will ensure ready access to the
secondary audio stream by persons who
are blind and visually impaired, while
still giving covered manufacturers the
flexibility to determine the appropriate
activation mechanism, as long as it is
simple and easy to use in accordance
with our rules.
32. We find that manufacturers are
not responsible for providing a simple
and easy to use mechanism to activate
the secondary audio stream for
emergency information on third-party
MVPD applications and plug-ins that
are downloaded by consumers to view
linear programming on mobile and other
devices. As noted above, manufacturers
typically do not control such
applications and, in particular, they do
not control the ability of consumers to
select and receive the secondary audio
stream for linear programming provided
through an MVPD application on mobile
and other devices. In the Second Further
Notice, we seek comment on whether
we should impose an obligation on
MVPDs to provide a simple and easy to
use activation mechanism for the
secondary audio stream to access
emergency information with respect to
the applications and plug-ins they
provide to consumers to access linear
programming on mobile and other
devices. In the meantime, we strongly
encourage MVPDs to design their
emphasize that manufacturers will need to
ensure that set-top boxes include a simple and easy
to use activation mechanism for emergency
information on the secondary audio stream. We
seek comment in the Second Further Notice on
whether we should require MVPDs to provide their
customers with set-top boxes that contain the
simple and easy to use activation mechanism for
the secondary audio stream. We also note that
manufacturers of televisions and other digital
apparatus covered by section 204 of the CVAA are
already required to provide a mechanism
reasonably comparable to a button, key, or icon for
activating the secondary audio stream for video
description by December 20, 2016 and thus, as a
practical matter, they should not need to take
additional steps to comply with the rule we adopt
here. See 47 CFR 79.109(a)(2), (c).
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applications and plug-ins such in a way
that access to the secondary audio
stream is simple and easy to use for
individuals who are blind or visually
impaired. In this regard, we urge
MVPDs to consult with the disability
community when designing and
developing these features.
33. We note that the provisions for
achievability determinations, purposebased waivers, and exemptions that
apply to devices covered by Section
79.105 of the Commission’s rules will
apply equally to the requirement that
covered apparatus provide an activation
mechanism that is simple and easy to
use for accessing the secondary audio
stream.102 In addition, apparatus
designed to receive and play back video
programming transmitted
simultaneously with sound must
comply with Section 203 requirements
only to the extent they are ‘‘technically
feasible.’’ 103 Thus, we permit covered
manufacturers to raise technical
infeasibility as a defense when faced
with a complaint alleging a violation of
the apparatus requirements adopted
herein, or to file a request for a ruling
under Section 1.41 of the Commission’s
rules as to technical feasibility before
manufacturing or importing the product,
consistent with our approach in the
First Report and Order.104 Although we
note that apparatus manufacturers may
use alternate means of compliance with
the rules adopted pursuant to section
203, consistent with our approach in the
First Report and Order,105 we believe
that few, if any, manufacturers will need
to request an alternate means of
compliance with the requirement to
make the secondary audio stream
accessible by providing a simple and
easy to use activation mechanism
because we do not prescribe the precise
means for compliance.
3. Compliance Deadline
34. In the User Interfaces Further
Notice, the Commission sought
comment on the appropriate time frame
102 See 47 CFR 79.105(b)(1) through (2) (exempt
apparatus), 79.105(b)(3) (achievability), 79.105(b)(4)
(purpose-based waivers). See also First Report and
Order, paras. 67–74.
103 See 47 U.S.C. 303(u).
104 See First Report and Order, para. 66.
105 See id. at para. 75; Public Law 111–260, sec.
203(e). Under this approach, an entity that seeks to
use an alternate means to comply with the
apparatus requirements must file a request pursuant
to section 1.41 of the Commission’s rules for a
determination that the proposed alternative satisfies
the statutory requirements. See First Report and
Order, para. 75 (‘‘We will not permit an entity to
claim in defense to a complaint or enforcement
action that the Commission should determine that
the party’s actions were a permissible alternate
means of compliance.’’). We will consider such
requests on a case-by-case basis. See id.
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for requiring covered entities to provide
a simple and easy to use mechanism for
accessing the secondary audio stream
for audible emergency information.106
The Commission also inquired whether
the deadline should be consistent with
the deadline for compliance with
section 203 apparatus requirements that
were adopted in the First Report and
Order (May 26, 2015) 107 or whether
device manufacturers would need
additional time to come into
compliance.108
35. The Wireless RERC, the only party
to comment on this issue, argues that
the deadline for a requirement to
provide a simple and easy to use
mechanism for accessing the secondary
audio stream for audible emergency
information should be consistent with
the deadlines for apparatus that the
Commission adopted in the First Report
and Order.109 The Wireless RERC
strongly recommends that the
Commission not go beyond the
deadlines adopted in that Order because
delays in implementation of the new
requirements could place persons who
are blind or visually impaired in a
potentially ‘‘perilous position[ ].’’ 110
Further, the Wireless RERC asserts that
any extensions of the deadline or
waivers of the newly adopted
regulations ‘‘should be granted very
judiciously.’’ 111
36. We conclude that it is reasonable
to apply the same compliance deadline
that we adopted in the User Interfaces
Order for digital apparatus and
navigation devices to comply with the
accessible user interfaces rules,
including the requirement to provide an
activation mechanism reasonably
comparable to a button, key, or icon for
certain accessibility features, to the
requirement adopted here. Thus,
consistent with the deadline in section
79.109(c) of our rules, covered
manufacturers must provide a simple
and easy to use mechanism for
accessing the secondary audio stream
for audible emergency information no
later than December 20, 2016.112
Although apparatus manufacturers were
silent in the record with regard to this
issue, we believe that they will need
some time for the design, testing, and
implementation of a simple and easy to
use activation mechanism for the
secondary audio stream on covered
apparatus. We believe that making the
106 User
Interfaces Further Notice, para. 11.
CFR 79.105(a).
108 User Interfaces Further Notice, para. 11.
109 See Wireless RERC User Interfaces Reply
Comments at 10.
110 Id.
111 Id.
112 47 CFR 79.109(c).
107 47
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deadline consistent with that imposed
in the User Interfaces Order will
provide sufficient time for apparatus
manufacturers to achieve these steps. In
addition, we find that requiring
manufacturers of such devices to
incorporate the required accessibility
features at the same time will ensure
that the devices are updated on a
uniform timetable. Such a uniform
timeframe will prevent any consumer
confusion as to the capabilities of their
devices.113
IV. Procedural Matters
A. Final Regulatory Flexibility Act
37. As required by the Regulatory
Flexibility Act of 1980, as amended
(‘‘RFA’’),114 an Initial Regulatory
Flexibility Analysis (‘‘IRFA’’) was
incorporated into each of the Further
Notices of Proposed Rulemaking
(‘‘-NPRM’’) in this proceeding.115 The
Federal Communications Commission
(‘‘Commission’’) sought written public
comment on the proposals in the
Further Notices, including comment on
the IRFA. The Commission received no
comments on the IRFA. This present
Final Regulatory Flexibility Analysis
(‘‘FRFA’’) conforms to the RFA.116
1. Need for, and Objectives of, the
Second Report and Order
38. In the Second Report and Order,
we take additional steps under the
authority of sections 202 and 203 of the
CVAA 117 to make emergency
information in video programming
accessible to individuals who are blind
or visually impaired.
39. First, the Second Report and
Order concludes that multichannel
video programming distributors
(‘‘MVPDs’’) must pass through a
secondary audio stream containing
audible emergency information in
113 This will also reduce any consumer confusion
that could arise from different deadlines relating to
access to the secondary audio stream applying
depending upon whether a particular device is
covered by Section 203, 204, or 205 of the CVAA.
We find that Wireless RERC’s proposed timeframe
of May 26, 2015 has been rendered moot by the
passage of time.
114 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601
et seq., has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(‘‘SBREFA’’), Public Law 104–121, Title II, 110 Stat.
857 (1996). The SBREFA was enacted as Title II of
the Contract with America Advancement Act of
1996 (‘‘CWAAA’’).
115 See Further Notice, para. 9; User Interfaces
Further Notice, para. 17.
116 See 5 U.S.C. 604.
117 Twenty-First Century Communications and
Video Accessibility Act of 2010, Public Law 111–
260, 124 Stat. 2751 (2010); Amendment of TwentyFirst Century Communications and Video
Accessibility Act of 2010, Public Law 111–265, 124
Stat. 2795 (2010) (making technical corrections to
the CVAA).
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accordance with section 79.2 of the
Commission’s rules 118 when they
permit consumers to access linear
programming on tablets, smartphones,
laptops, and similar devices over the
MVPD’s network as part of their MVPD
services. Increasingly, Americans are
utilizing a wide range of devices in
addition to the television to view video
programming, and a number of MVPDs
now allow customers to view linear
programming on second screen devices
using applications or other technologies.
The conclusion we make in the Second
Report and Order ensures that
individuals who are blind or visually
impaired will be provided with
accessible emergency information when
they are watching linear programming
over the MVPD’s network as part of
their MVPD services, regardless of
whether they are viewing the
programming on their television or on
their tablet, smartphone, or similar
device.
40. Second, the Second Report and
Order requires manufacturers of
apparatus subject to Section 79.105 of
the Commission’s rules 119 to provide a
mechanism that is simple and easy to
use for activating the secondary audio
stream to access audible emergency
information. Individuals who are blind
or visually impaired should not have to
navigate through multiple levels of
menus or take other time-consuming
actions to activate the secondary audio
stream when they hear the aural tone
signaling that emergency information is
being provided visually on the screen.
In emergency situations, every second
counts. Thus, we believe that in order
for emergency information to be made
fully accessible to individuals who are
blind or visually impaired in
accordance with Section 203 of the
CVAA, manufacturers of covered
apparatus must ensure that such
individuals have a simple, easy to use
mechanism to activate the secondary
audio stream in order to hear emergency
information.
2. Summary of Significant Issues Raised
By Public Comments in Response to the
IRFA
41. No public comments were filed in
response to the IRFA.
42. Pursuant to the Small Business
Jobs Act of 2010, the Commission is
required to respond to any comments
filed by the Chief Counsel for Advocacy
of the Small Business Administration
(SBA), and to provide a detailed
statement of any change made to the
proposed rules as a result of those
118 47
119 47
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comments. The Chief Counsel did not
file any comments in response to the
proposed rules in this proceeding.
3. Description and Estimate of the
Number of Small Entities to Which the
Rules Will Apply
43. The RFA directs the Commission
to provide a description of and, where
feasible, an estimate of the number of
small entities that will be affected by the
rules adopted in the Second Report and
Order.120 The RFA generally defines the
term ‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ 121 In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act.122 A ‘‘small business
concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA.123 Small
entities that are directly affected by the
rules adopted in the Second Report and
Order include MVPDs and
manufacturers of apparatus covered by
Section 79.105 of the Commission’s
rules.
44. Cable Television Distribution
Services. Since 2007, these services
have been defined within the broad
economic census category of Wired
Telecommunications Carriers, which
was developed for small wireline
businesses. This category is defined as
follows: ‘‘This industry comprises
establishments primarily engaged in
operating and/or providing access to
transmission facilities and infrastructure
that they own and/or lease for the
transmission of voice, data, text, sound,
and video using wired
telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies. Establishments in this
industry use the wired
telecommunications network facilities
that they operate to provide a variety of
services, such as wired telephony
services, including VoIP services; wired
(cable) audio and video programming
120 5
U.S.C. 603(b)(3).
601(6).
122 Id. 601(3) (incorporating by reference the
definition of ‘‘small-business concern’’ in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definition(s) in the
Federal Register.’’
123 15 U.S.C. 632.
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distribution; and wired broadband
Internet services.’’ 124 The SBA has
developed a small business size
standard for this category, which is: All
such businesses having 1,500 or fewer
employees.125 Census data for 2007
shows that there were 31,996
establishments that operated that
year.126 Of this total, 30,178
establishments had fewer than 100
employees, and 1,818 establishments
had 100 or more employees.127
Therefore, under this size standard, we
estimate that the majority of businesses
can be considered small entities.
45. Cable Companies and Systems.
The Commission has also developed its
own small business size standards for
the purpose of cable rate regulation.
Under the Commission’s rules, a ‘‘small
cable company’’ is one serving 400,000
or fewer subscribers nationwide.128
Industry data shows that there were
1,141 cable companies at the end of
June 2012.129 Of this total, all but 10
incumbent cable companies are small
under this size standard.130 In addition,
124 U.S. Census Bureau, 2012 NAICS Definitions,
‘‘517110 Wired Telecommunications Carriers’’
(partial definition) at https://www.census.gov/cgibin/sssd/naics/naicsrch. Examples of this category
are: Broadband Internet service providers (e.g.,
cable, DSL); local telephone carriers (wired); cable
television distribution services; long-distance
telephone carriers (wired); closed circuit television
(‘‘CCTV’’) services; VoIP service providers, using
own operated wired telecommunications
infrastructure; direct-to-home satellite system
(‘‘DTH’’) services; telecommunications carriers
(wired); satellite television distribution systems;
and multichannel multipoint distribution services
(‘‘MMDS’’).
125 13 CFR 121.201; 2012 NAICS code 517110.
126 U.S. Census Bureau, 2007 Economic Census.
See U.S. Census Bureau, American FactFinder,
‘‘Information: Subject Series—Estab and Firm Size:
Employment Size of Establishments for the United
States: 2007—2007 Economic Census,’’ NAICS code
517110, Table EC0751SSSZ2; available at https://
factfinder2.census.gov/faces/nav/jsf/pages/
index.xhtml.
127 Id.
128 47 CFR 76.901(e). The Commission
determined that this size standard equates
approximately to a size standard of $100 million or
less in annual revenues. Implementation of Sections
of the Cable Television Consumer Protection And
Competition Act of 1992: Rate Regulation, MM
Docket No. 92–266, MM Docket No. 93–215, Sixth
Report and Order and Eleventh Order on
Reconsideration, FCC 95–196, 60 FR 35854 (1995).
129 NCTA, Industry Data, Number of Cable
Operating Companies (June 2012), https://
www.ncta.com/Statistics.aspx (visited Sept. 28,
2012). Depending upon the number of homes and
the size of the geographic area served, cable
operators use one or more cable systems to provide
video service. See Annual Assessment of the Status
of Competition in the Market for Delivery of Video
Programming, MB Docket No. 12–203, Fifteenth
Report, FCC 13–99 at para. 24 (rel. July 22, 2013)
(‘‘15th Annual Competition Report’’).
130 See SNL Kagan, ‘‘Top Cable MSOs—12/12 Q’’;
available at https://www.snl.com/InteractiveX/
TopCableMSOs.aspx?period=2012Q4&sortcol
=subscribersbasic&sortorder=desc. We note that,
when applied to an MVPD operator, under this size
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39709
under the Commission’s rate regulation
rules, a ‘‘small system’’ is a cable system
serving 15,000 or fewer subscribers.131
Current Commission records show 4,945
cable systems nationwide.132 Of this
total, 4,380 cable systems have less than
20,000 subscribers, and 565 systems
have 20,000 subscribers or more, based
on the same records. Thus, under this
standard, we estimate that most cable
systems are small.
46. Cable System Operators (Telecom
Act Standard). The Communications
Act of 1934, as amended, also contains
a size standard for small cable system
operators, which is ‘‘a cable operator
that, directly or through an affiliate,
serves in the aggregate fewer than 1
percent of all subscribers in the United
States and is not affiliated with any
entity or entities whose gross annual
revenues in the aggregate exceed
$250,000,000.’’ 133 There are
approximately 56.4 million incumbent
cable video subscribers in the United
States today.134 Accordingly, an
operator serving fewer than 564,000
subscribers shall be deemed a small
operator, if its annual revenues, when
combined with the total annual
revenues of all its affiliates, do not
exceed $250 million in the aggregate.135
Based on available data, we find that all
but 10 incumbent cable operators are
small under this size standard.136 We
note that the Commission neither
requests nor collects information on
whether cable system operators are
affiliated with entities whose gross
annual revenues exceed $250
standard (i.e., 400,000 or fewer subscribers) all but
14 MVPD operators would be considered small. See
NCTA, Industry Data, Top 25 Multichannel Video
Service Customers (2012), https://www.ncta.com/
industry-data (visited Aug. 30, 2013). The
Commission applied this size standard to MVPD
operators in its implementation of the CALM Act.
See Implementation of the Commercial
Advertisement Loudness Mitigation (CALM) Act,
MB Docket No. 11–93, Report and Order, FCC 11–
182, 77 FR 40276, para. 37 (2011) (‘‘CALM Act
Report and Order’’) (defining a smaller MVPD
operator as one serving 400,000 or fewer subscribers
nationwide, as of December 31, 2011).
131 47 CFR 76.901(c).
132 The number of active, registered cable systems
comes from the Commission’s Cable Operations and
Licensing System (COALS) database on Aug. 28,
2013. A cable system is a physical system integrated
to a principal headend.
133 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) &
nn. 1–3.
134 See NCTA, Industry Data, Cable Video
Customers (2012), https://www.ncta.com/industrydata (visited Aug. 30, 2013).
135 47 CFR 76.901(f); see Public Notice, FCC
Announces New Subscriber Count for the
Definition of Small Cable Operator, DA 01–158
(Cable Services Bureau, Jan. 24, 2001).
136 See NCTA, Industry Data, Top 25
Multichannel Video Service Customers (2012),
https://www.ncta.com/industry-data (visited Aug.
30, 2013).
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million.137 Although it seems certain
that some of these cable system
operators are affiliated with entities
whose gross annual revenues exceed
$250,000,000, we are unable at this time
to estimate with greater precision the
number of cable system operators that
would qualify as small cable operators
under the definition in the
Communications Act.
47. Direct Broadcast Satellite (DBS)
Service. DBS service is a nationally
distributed subscription service that
delivers video and audio programming
via satellite to a small parabolic ‘‘dish’’
antenna at the subscriber’s location.
DBS, by exception, is now included in
the SBA’s broad economic census
category, Wired Telecommunications
Carriers,138 which was developed for
small wireline businesses. In this
category, the SBA deems a wired
telecommunications carrier to be small
if it has 1,500 or fewer employees.139
Census data for 2007 shows 3,188 firms
in this category.140 Of these 3,188 firms,
only 44 had 1,000 or more employees.
While we could not find precise Census
data on the number of firms with in the
group with 1,500 or fewer employees, it
is clear that at least 3,144 firms with
fewer than 1,000 employees would be in
that group. Therefore, under this size
standard, the majority of such
businesses can be considered small.
However, the data we have available as
a basis for estimating the number of
such small entities were gathered under
a superseded SBA small business size
standard formerly titled ‘‘Cable and
Other Program Distribution.’’ The
definition of Cable and Other Program
Distribution provided that a small entity
is one with $12.5 million or less in
annual receipts.141 Currently, only two
entities provide DBS service, which
requires a great investment of capital for
operation: DIRECTV and DISH
Network.142 Each currently offer
subscription services. DIRECTV and
DISH Network each report annual
revenues that are in excess of the
threshold for a small business. Because
DBS service requires significant capital,
we believe it is unlikely that a small
entity as defined by the SBA would
have the financial wherewithal to
become a DBS service provider.
48. Satellite Master Antenna
Television (SMATV) Systems, also
known as Private Cable Operators
(PCOs). SMATV systems or PCOs are
video distribution facilities that use
closed transmission paths without using
any public right-of-way. They acquire
video programming and distribute it via
terrestrial wiring in urban and suburban
multiple dwelling units such as
apartments and condominiums, and
commercial multiple tenant units such
as hotels and office buildings. SMATV
systems or PCOs are now included in
the SBA’s broad economic census
category, Wired Telecommunications
Carriers,143 which was developed for
small wireline businesses. In this
category, the SBA deems a wired
telecommunications carrier to be small
if it has 1,500 or fewer employees.144
141 13
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137 The
Commission does receive such
information on a case-by-case basis if a cable
operator appeals a local franchise authority’s
finding that the operator does not qualify as a small
cable operator pursuant to 47 CFR 76.901(f).
138 See 13 CFR 121.201; 2012 NAICS code
517110. This category of Wired
Telecommunications Carriers is defined as follows:
‘‘This industry comprises establishments primarily
engaged in operating and/or providing access to
transmission facilities and infrastructure that they
own and/or lease for the transmission of voice, data,
text, sound, and video using wired
telecommunications networks. Transmission
facilities may be based on a single technology or a
combination of technologies. Establishments in this
industry use the wired telecommunications
network facilities that they operate to provide a
variety of services, such as wired telephony
services, including VoIP services; wired (cable)
audio and video programming distribution; and
wired broadband Internet services. By exception,
establishments providing satellite television
distribution services using facilities and
infrastructure that they operate are included in this
industry.’’ (Emphasis added to text relevant to
satellite services.) U.S. Census Bureau, 2012 NAICS
Definitions, ‘‘517110 Wired Telecommunications
Carriers’’ at https://www.census.gov/cgi-bin/sssd/
naics/naicsrch.
139 13 CFR 121.201; NAICS Code 517110.
140 https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_
name=EC0751SSSZ5&-_lang=en.
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CFR 121.201; NAICS code 517510 (2002).
15th Annual Competition Report, at para.
27. As of June 2012, DIRECTV is the largest DBS
operator and the second largest MVPD in the United
States, serving approximately 19.9 million
subscribers. DISH Network is the second largest
DBS operator and the third largest MVPD, serving
approximately 14.1 million subscribers. Id. para. 27,
110–11.
143 See 13 CFR 121.201; 2012 NAICS code
517110. This category of Wired
Telecommunications Carriers is defined as follows:
‘‘This industry comprises establishments primarily
engaged in operating and/or providing access to
transmission facilities and infrastructure that they
own and/or lease for the transmission of voice, data,
text, sound, and video using wired
telecommunications networks. Transmission
facilities may be based on a single technology or a
combination of technologies. Establishments in this
industry use the wired telecommunications
network facilities that they operate to provide a
variety of services, such as wired telephony
services, including VoIP services; wired (cable)
audio and video programming distribution; and
wired broadband Internet services. By exception,
establishments providing satellite television
distribution services using facilities and
infrastructure that they operate are included in this
industry.’’ (Emphasis added to text relevant to
satellite services.) U.S. Census Bureau, 2012 NAICS
Definitions, ‘‘517110 Wired Telecommunications
Carriers’’ at https://www.census.gov/cgi-bin/sssd/
naics/naicsrch.
144 13 CFR 121.201; NAICS Code 517110.
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Census data for 2007 shows 3,188 firms
in this category.145 Of these 3,188 firms,
only 44 had 1,000 or more employees.
While we could not find precise Census
data on the number of firms with in the
group with 1,500 or fewer employees, it
is clear that at least 3,144 firms with
fewer than 1,000 employees would be in
that group. Therefore, under this size
standard, the majority of such
businesses can be considered small.
49. Home Satellite Dish (HSD)
Service. HSD or the large dish segment
of the satellite industry is the original
satellite-to-home service offered to
consumers, and involves the home
reception of signals transmitted by
satellites operating generally in the Cband frequency. Unlike DBS, which
uses small dishes, HSD antennas are
between four and eight feet in diameter
and can receive a wide range of
unscrambled (free) programming and
scrambled programming purchased from
program packagers that are licensed to
facilitate subscribers’ receipt of video
programming. Because HSD provides
subscription services, HSD falls within
the SBA-recognized definition of Wired
Telecommunications Carriers.146 In this
category, the SBA deems a wired
telecommunications carrier to be small
if it has 1,500 or fewer employees.147
Census data for 2007 shows 3,188 firms
in this category.148 Of these 3,188 firms,
only 44 had 1,000 or more employees.
While we could not find precise Census
data on the number of firms with in the
group with 1,500 or fewer employees, it
is clear that at least 3,144 firms with
fewer than 1,000 employees would be in
that group. Therefore, under this size
standard, we estimate that the majority
of businesses can be considered small
entities.
145 https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_
name=EC0751SSSZ5&-_lang=en.
146 See 13 CFR 121.201; 2012 NAICS code
517110. This category of Wired
Telecommunications Carriers is defined in part as
follows: ‘‘This industry comprises establishments
primarily engaged in operating and/or providing
access to transmission facilities and infrastructure
that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired
telecommunications networks. Transmission
facilities may be based on a single technology or a
combination of technologies. Establishments in this
industry use the wired telecommunications
network facilities that they operate to provide a
variety of services, such as wired telephony
services, including VoIP services; wired (cable)
audio and video programming distribution; and
wired broadband Internet services.’’ U.S. Census
Bureau, 2012 NAICS Definitions, ‘‘517110 Wired
Telecommunications Carriers’’ at https://
www.census.gov/cgi-bin/sssd/naics/naicsrch.
147 13 CFR 121.201; NAICS Code 517110.
148 https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_
name=EC0751SSSZ5&-_lang=en.
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50. Open Video Services. The open
video system (OVS) framework was
established in 1996, and is one of four
statutorily recognized options for the
provision of video programming
services by local exchange carriers.149
The OVS framework provides
opportunities for the distribution of
video programming other than through
cable systems. Because OVS operators
provide subscription services,150 OVS
falls within the SBA small business size
standard covering cable services, which
is Wired Telecommunications
Carriers.151 In this category, the SBA
deems a wired telecommunications
carrier to be small if it has 1,500 or
fewer employees.152 Census data for
2007 shows 3,188 firms in this
category.153 Of these 3,188 firms, only
44 had 1,000 or more employees. While
we could not find precise Census data
on the number of firms with in the
group with 1,500 or fewer employees, it
is clear that at least 3,144 firms with
fewer than 1,000 employees would be in
that group. Therefore, under this size
standard, we estimate that the majority
of businesses can be considered small
entities. In addition, we note that the
Commission has certified some OVS
operators, with some now providing
service.154 Broadband service providers
(‘‘BSPs’’) are currently the only
significant holders of OVS certifications
or local OVS franchises.155 The
Commission does not have financial or
149 47 U.S.C. 571(a)(3) through (4). See Annual
Assessment of the Status of Competition in the
Market for the Delivery of Video Programming, MB
Docket No. 06–189, Thirteenth Annual Report, FCC
07–206, 74 FR 11102, para. 135 (2009) (‘‘Thirteenth
Annual Cable Competition Report’’).
150 See 47 U.S.C. 573.
151 See 13 CFR 121.201; 2012 NAICS code
517110. This category of Wired
Telecommunications Carriers is defined in part as
follows: ‘‘This industry comprises establishments
primarily engaged in operating and/or providing
access to transmission facilities and infrastructure
that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired
telecommunications networks. Transmission
facilities may be based on a single technology or a
combination of technologies. Establishments in this
industry use the wired telecommunications
network facilities that they operate to provide a
variety of services, such as wired telephony
services, including VoIP services; wired (cable)
audio and video programming distribution; and
wired broadband Internet services.’’ U.S. Census
Bureau, 2012 NAICS Definitions, ‘‘517110 Wired
Telecommunications Carriers’’ at https://
www.census.gov/cgi-bin/sssd/naics/naicsrch.
152 13 CFR 121.201; NAICS Code 517110.
153 https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_
name=EC0751SSSZ5&-_lang=en.
154 A list of OVS certifications may be found at
https://www.fcc.gov/mb/ovs/csovscer.html.
155 See Thirteenth Annual Cable Competition
Report, para. 135. BSPs are newer businesses that
are building state-of-the-art, facilities-based
networks to provide video, voice, and data services
over a single network.
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employment information regarding the
entities authorized to provide OVS,
some of which may not yet be
operational. Thus, again, at least some
of the OVS operators may qualify as
small entities.
51. Wireless cable systems—
Broadband Radio Service and
Educational Broadband Service.
Wireless cable systems use the
Broadband Radio Service (BRS) 156 and
Educational Broadband Service
(EBS) 157 to transmit video programming
to subscribers. In connection with the
1996 BRS auction, the Commission
established a small business size
standard as an entity that had annual
average gross revenues of no more than
$40 million in the previous three
calendar years.158 The BRS auctions
resulted in 67 successful bidders
obtaining licensing opportunities for
493 Basic Trading Areas (BTAs). Of the
67 auction winners, 61 met the
definition of a small business. BRS also
includes licensees of stations authorized
prior to the auction. At this time, we
estimate that of the 61 small business
BRS auction winners, 48 remain small
business licensees. In addition to the 48
small businesses that hold BTA
authorizations, there are approximately
392 incumbent BRS licensees that are
considered small entities.159 After
adding the number of small business
auction licensees to the number of
incumbent licensees not already
counted, we find that there are currently
approximately 440 BRS licensees that
are defined as small businesses under
either the SBA or the Commission’s
rules. In 2009, the Commission
conducted Auction 86, the sale of 78
licenses in the BRS areas.160 The
156 BRS was previously referred to as Multipoint
Distribution Service (MDS) and Multichannel
Multipoint Distribution Service (MMDS). See
Amendment of Parts 21 and 74 of the Commission’s
Rules with Regard to Filing Procedures in the
Multipoint Distribution Service and in the
Instructional Television Fixed Service and
Implementation of Section 309(j) of the
Communications Act—Competitive Bidding, MM
Docket No. 94–131, PP Docket No. 93–253, Report
and Order, FCC 95–230, 60 FR 36524, para. 7
(1995).
157 EBS was previously referred to as the
Instructional Television Fixed Service (ITFS). See
id.
158 47 CFR 21.961(b)(1).
159 47 U.S.C. 309(j). Hundreds of stations were
licensed to incumbent MDS licensees prior to
implementation of Section 309(j) of the
Communications Act of 1934, 47 U.S.C. 309(j). For
these pre-auction licenses, the applicable standard
is SBA’s small business size standard of 1,500 or
fewer employees.
160 Auction of Broadband Radio Service (BRS)
Licenses, Scheduled for October 27, 2009, Notice
and Filing Requirements, Minimum Opening Bids,
Upfront Payments, and Other Procedures for
Auction 86, Public Notice, DA 09–1376 (WTB rel.
Jun. 26, 2009).
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39711
Commission offered three levels of
bidding credits: (i) A bidder with
attributed average annual gross revenues
that exceed $15 million and do not
exceed $40 million for the preceding
three years (small business) received a
15 percent discount on its winning bid;
(ii) a bidder with attributed average
annual gross revenues that exceed $3
million and do not exceed $15 million
for the preceding three years (very small
business) received a 25 percent discount
on its winning bid; and (iii) a bidder
with attributed average annual gross
revenues that do not exceed $3 million
for the preceding three years
(entrepreneur) received a 35 percent
discount on its winning bid.161 Auction
86 concluded in 2009 with the sale of
61 licenses.162 Of the 10 winning
bidders, two bidders that claimed small
business status won four licenses; one
bidder that claimed very small business
status won three licenses; and two
bidders that claimed entrepreneur status
won six licenses.
52. In addition, the SBA’s placement
of Cable Television Distribution
Services in the category of Wired
Telecommunications Carriers is
applicable to cable-based Educational
Broadcasting Services. Since 2007, these
services have been defined within the
broad economic census category of
Wired Telecommunications Carriers,
which was developed for small wireline
businesses. This category is defined as
follows: ‘‘This industry comprises
establishments primarily engaged in
operating and/or providing access to
transmission facilities and infrastructure
that they own and/or lease for the
transmission of voice, data, text, sound,
and video using wired
telecommunications networks.
Transmission facilities may be based on
a single technology or a combination of
technologies. Establishments in this
industry use the wired
telecommunications network facilities
that they operate to provide a variety of
services, such as wired telephony
services, including VoIP services; wired
(cable) audio and video programming
distribution; and wired broadband
Internet services.’’ 163 In this category,
161 Id.
at 8296.
of Broadband Radio Service Licenses
Closes, Winning Bidders Announced for Auction 86,
Down Payments Due November 23, 2009, Final
Payments Due December 8, 2009, Ten-Day Petition
to Deny Period, Public Notice, DA 09–2378 (WTB
rel. Nov. 6, 2009).
163 U.S. Census Bureau, 2012 NAICS Definitions,
‘‘517110 Wired Telecommunications Carriers’’
(partial definition) at https://www.census.gov/cgibin/sssd/naics/naicsrch. Examples of this category
are: broadband Internet service providers (e.g.,
cable, DSL); local telephone carriers (wired); cable
162 Auction
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the SBA deems a wired
telecommunications carrier to be small
if it has 1,500 or fewer employees.164
Census data for 2007 shows 3,188 firms
in this category.165 Of these 3,188 firms,
only 44 had 1,000 or more employees.
While we could not find precise Census
data on the number of firms with in the
group with 1,500 or fewer employees, it
is clear that at least 3,144 firms with
fewer than 1,000 employees would be in
that group. Therefore, under this size
standard, we estimate that the majority
of businesses can be considered small
entities. In addition to Census data, the
Commission’s internal records indicate
that as of September 2012, there are
2,241 active EBS licenses.166 The
Commission estimates that of these
2,241 licenses, the majority are held by
non-profit educational institutions and
school districts, which are by statute
defined as small businesses.167
53. Incumbent Local Exchange
Carriers (ILECs). Neither the
Commission nor the SBA has developed
a small business size standard
specifically for incumbent local
exchange services. ILECs are included
in the SBA’s economic census category,
Wired Telecommunications Carriers.168
television distribution services; long-distance
telephone carriers (wired); closed circuit television
(‘‘CCTV’’) services; VoIP service providers, using
own operated wired telecommunications
infrastructure; direct-to-home satellite system
(‘‘DTH’’) services; telecommunications carriers
(wired); satellite television distribution systems;
and multichannel multipoint distribution services
(‘‘MMDS’’).
164 13 CFR 121.201; NAICS Code 517110.
165 https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_
name=EC0751SSSZ5&-_lang=en.
166 https://wireless2.fcc.gov/UlsApp/UlsSearch/
results.jsp.
167 The term ‘‘small entity’’ within SBREFA
applies to small organizations (non-profits) and to
small governmental jurisdictions (cities, counties,
towns, townships, villages, school districts, and
special districts with populations of less than
50,000). 5 U.S.C. 601(4) through (6).
168 See 13 CFR 121.201; 2012 NAICS code
517110. This category of Wired
Telecommunications Carriers is defined as follows:
‘‘This industry comprises establishments primarily
engaged in operating and/or providing access to
transmission facilities and infrastructure that they
own and/or lease for the transmission of voice, data,
text, sound, and video using wired
telecommunications networks. Transmission
facilities may be based on a single technology or a
combination of technologies. Establishments in this
industry use the wired telecommunications
network facilities that they operate to provide a
variety of services, such as wired telephony
services, including VoIP services; wired (cable)
audio and video programming distribution; and
wired broadband Internet services. By exception,
establishments providing satellite television
distribution services using facilities and
infrastructure that they operate are included in this
industry.’’ (Emphasis added to text relevant to
satellite services.) U.S. Census Bureau, 2012 NAICS
Definitions, ‘‘517110 Wired Telecommunications
Carriers’’ at https://www.census.gov/cgi-bin/sssd/
naics/naicsrch.
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In this category, the SBA deems a wired
telecommunications carrier to be small
if it has 1,500 or fewer employees.169
Census data for 2007 shows 3,188 firms
in this category.170 Of these 3,188 firms,
only 44 had 1,000 or more employees.
While we could not find precise Census
data on the number of firms with in the
group with 1,500 or fewer employees, it
is clear that at least 3,144 firms with
fewer than 1,000 employees would be in
that group. Therefore, under this size
standard, the majority of such
businesses can be considered small.
54. Small Incumbent Local Exchange
Carriers. We have included small
incumbent local exchange carriers in
this present RFA analysis. A ‘‘small
business’’ under the RFA is one that,
inter alia, meets the pertinent small
business size standard (e.g., a telephone
communications business having 1,500
or fewer employees), and ‘‘is not
dominant in its field of operation.’’ 171
The SBA’s Office of Advocacy contends
that, for RFA purposes, small incumbent
local exchange carriers are not dominant
in their field of operation because any
such dominance is not ‘‘national’’ in
scope.172 We have therefore included
small incumbent local exchange carriers
in this RFA analysis, although we
emphasize that this RFA action has no
effect on Commission analyses and
determinations in other, non-RFA
contexts.
55. Competitive Local Exchange
Carriers (CLECs), Competitive Access
Providers (CAPs), Shared-Tenant
Service Providers, and Other Local
Service Providers. Neither the
Commission nor the SBA has developed
a small business size standard
specifically for these service providers.
These entities are included in the SBA’s
economic census category, Wired
Telecommunications Carriers.173 In this
169 13
CFR 121.201; NAICS Code 517110.
170 https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_
name=EC0751SSSZ5&-_lang=en.
171 15 U.S.C. 632.
172 Letter from Jere W. Glover, Chief Counsel for
Advocacy, SBA, to William E. Kennard, Chairman,
FCC (May 27, 1999). The Small Business Act
contains a definition of ‘‘small-business concern,’’
which the RFA incorporates into its own definition
of ‘‘small business.’’ See 15 U.S.C. 632(a) (Small
Business Act); 5 U.S.C. 601(3) (RFA). SBA
regulations interpret ‘‘small business concern’’ to
include the concept of dominance on a national
basis. See 13 CFR 121.102(b).
173 See 13 CFR 121.201; 2012 NAICS code
517110. This category of Wired
Telecommunications Carriers is defined as follows:
‘‘This industry comprises establishments primarily
engaged in operating and/or providing access to
transmission facilities and infrastructure that they
own and/or lease for the transmission of voice, data,
text, sound, and video using wired
telecommunications networks. Transmission
facilities may be based on a single technology or a
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Sfmt 4700
category, the SBA deems a wired
telecommunications carrier to be small
if it has 1,500 or fewer employees.174
Census data for 2007 shows 3,188 firms
in this category.175 Of these 3,188 firms,
only 44 had 1,000 or more employees.
While we could not find precise Census
data on the number of firms with in the
group with 1,500 or fewer employees, it
is clear that at least 3,144 firms with
fewer than 1,000 employees would be in
that group. Therefore, under this size
standard, the majority of such
businesses can be considered small.
56. Radio and Television
Broadcasting and Wireless
Communications Equipment
Manufacturing. The Census Bureau
defines this category as follows: ‘‘This
industry comprises establishments
primarily engaged in manufacturing
radio and television broadcast and
wireless communications equipment.
Examples of products made by these
establishments are: Transmitting and
receiving antennas, cable television
equipment, GPS equipment, pagers,
cellular phones, mobile
communications equipment, and radio
and television studio and broadcasting
equipment.’’ 176 The SBA has developed
a small business size standard for this
category, which is: all such businesses
having 750 or fewer employees.177
Census data for 2007 shows that there
were 939 establishments that operated
for part or all of the entire year.178 Of
those, 912 operated with fewer than 500
employees, and 27 operated with 500 or
combination of technologies. Establishments in this
industry use the wired telecommunications
network facilities that they operate to provide a
variety of services, such as wired telephony
services, including VoIP services; wired (cable)
audio and video programming distribution; and
wired broadband Internet services. By exception,
establishments providing satellite television
distribution services using facilities and
infrastructure that they operate are included in this
industry.’’ (Emphasis added to text relevant to
satellite services.) U.S. Census Bureau, 2012 NAICS
Definitions, ‘‘517110 Wired Telecommunications
Carriers’’ at https://www.census.gov/cgi-bin/sssd/
naics/naicsrch.
174 13 CFR 121.201; NAICS Code 517110.
175 https://factfinder.census.gov/servlet/
IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_
name=EC0751SSSZ5&-_lang=en.
176 U.S. Census Bureau, 2012 NAICS Definitions,
‘‘334220 Radio and Television Broadcasting and
Wireless Communications Equipment
Manufacturing’’ at https://www.census.gov/cgi-bin/
sssd/naics/naicsrch.
177 13 CFR 121.201; 2012 NAICS code 334220.
178 U.S. Census Bureau, 2007 Economic Census.
See U.S. Census Bureau, American FactFinder,
‘‘Manufacturing: Summary Series: General
Summary: Industry Statistics for Subsectors and
Industries by Employment Size: 2007—2007
Economic Census,’’ NAICS code 334220, Table
EC0731SG3; available at https://
factfinder2.census.gov/faces/nav/jsf/pages/
index.xhtml.
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more employees.179 Therefore, under
this size standard, the majority of such
establishments can be considered small.
57. Audio and Video Equipment
Manufacturing. The Census Bureau
defines this category as follows: ‘‘This
industry comprises establishments
primarily engaged in manufacturing
electronic audio and video equipment
for home entertainment, motor vehicles,
and public address and musical
instrument amplification. Examples of
products made by these establishments
are video cassette recorders, televisions,
stereo equipment, speaker systems,
household-type video cameras,
jukeboxes, and amplifiers for musical
instruments and public address
systems.’’ 180 The SBA has developed a
small business size standard for this
category, which is: all such businesses
having 750 or fewer employees.181
Census data for 2007 shows that there
were 492 establishments in this category
operated for part or all of the entire
year.182 Of those, 488 operated with
fewer than 500 employees, and four
operated with 500 or more
employees.183 Therefore, under this size
standard, the majority of such
establishments can be considered small.
4. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
58. The Second Report and Order (i)
concludes that MVPDs must pass
through a secondary audio stream
containing audible emergency
information in accordance with Section
79.2 of the Commission’s rules when
they permit consumers to access linear
programming on tablets, smartphones,
laptops, and similar devices over the
MVPD’s network as part of their MVPD
services, and (ii) adopts new
requirements applicable to
manufacturers of apparatus covered by
Section 79.105 of the Commission’s
rules pursuant to the authority in
Section 203 of the CVAA.
59. With respect to the first issue, the
Second Report and Order does not
adopt a new regulatory regime, but
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179 Id.
180 U.S. Census Bureau, 2012 NAICS Definitions,
‘‘334310 Audio and Video Equipment
Manufacturing’’ at https://www.census.gov/cgi-bin/
sssd/naics/naicsrch.
181 13 CFR 121.201; 2012 NAICS code 334310.
182 U.S. Census Bureau, 2007 Economic Census.
See U.S. Census Bureau, American FactFinder,
‘‘Manufacturing: Summary Series: General
Summary: Industry Statistics for Subsectors and
Industries by Employment Size: 2007—2007
Economic Census,’’ NAICS code 334310, Table
EC0731SG3; available at https://
factfinder2.census.gov/faces/nav/jsf/pages/
index.xhtml.
183 Id.
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rather finds that the existing emergency
information requirements in Section
79.2 of the Commission’s rules apply
when an MVPD provides linear
programming for viewing on mobile and
other devices over the MVPD’s network.
Accordingly, there are no new reporting
or recordkeeping requirements. There
will, however, be compliance
requirements for MPVDs, including
small MVPDs. Specifically, MVPDs
must pass through a secondary audio
stream containing audible emergency
information when they permit
consumers to access linear programming
on tablets, smartphones, laptops, and
similar devices over the MVPD’s
network as part of their MVPD services.
As part of this obligation, MVPDs must
ensure that any application or plug-in
that they provide to consumers to access
such programming is capable of passing
through audible emergency information
on a secondary audio stream.
60. With respect to the second issue,
the Second Report and Order adopts
new compliance requirements for
manufacturers of covered apparatus,
including small entities. Specifically,
manufacturers of apparatus subject to
Section 79.105 of the Commission’s
rules must provide a mechanism that is
simple and easy to use for activating the
secondary audio stream to access
audible emergency information on
covered apparatus. The provisions for
achievability, purpose-based waiver,
and exemptions in Section 79.105 of the
Commission’s rules apply to the
requirement that covered apparatus
provide a simple and easy to use
activation mechanism for the secondary
audio stream.184
61. No commenter provided specific
information about the costs and
administrative burdens associated with
the rules adopted in the Second Report
and Order. However, we note that the
rule we adopt pursuant to Section 203
of the CVAA—which requires
manufacturers of apparatus subject to
Section 79.105 of the Commission’s
rules to provide a mechanism that is
simple and easy to use for activating the
secondary audio stream to access
audible emergency information—affords
covered entities flexibility in how they
implement this requirement.
5. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities and Significant Alternatives
Considered
62. The RFA requires an agency to
describe the steps the agency has taken
to minimize the significant economic
impact on small entities consistent with
the stated objectives of applicable
statutes, including a statement of the
factual, policy, and legal reasons for
selecting the alternative adopted in the
final rule and why each one of the other
significant alternatives to the rule
considered by the agency which affect
the impact on small entities was
rejected.185
63. The rules adopted in the Second
Report and Order may have an
economic impact in some cases, and
that impact may affect small entities.
Although the Commission has
considered alternatives where possible,
as directed by the RFA, to minimize
economic impact on small entities, we
emphasize that our action is governed
by the congressional mandate contained
in Sections 202 and 203 of the CVAA.
64. In crafting its new requirements,
the Commission provided reasonable
timeframes within which covered
entities may come into compliance, as
requested in the record.
65. In addition, with regard to the
accessibility requirements adopted
pursuant to Section 203 of the CVAA, in
certain instances, the Commission may
grant exemptions to the rules where a
petitioner has shown that compliance is
not achievable (i.e., cannot be
accomplished with reasonable effort or
expense).186 We note that two of the
four statutory factors that the
Commission will consider in
determining achievability are
particularly relevant to small entities:
The nature and cost of the steps needed
to meet the requirements, and the
technical and economic impact on the
entity’s operations. In addition,
apparatus designed to receive and play
back video programming transmitted
simultaneously with sound must
comply with Section 203 requirements
only to the extent they are ‘‘technically
feasible.’’ 187 Thus, covered
manufactures, including small entities,
may raise technical infeasibility as a
defense when faced with a complaint
alleging a violation of the apparatus
requirements adopted herein, or to file
a request for a ruling under Section 1.41
of the Commission’s rules as to
technical feasibility before
manufacturing or importing the
product.188 As an additional means of
reducing the costs of compliance,
apparatus manufacturers may use
alternate means of compliance with the
rules adopted pursuant to Section
185 5
47 CFR 79.105(b)(1) through (2) (exempt
apparatus), 79.105(b)(3) (achievability), 79.105(b)(4)
(purpose-based waivers).
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184 See
Frm 00045
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39713
U.S.C. 604(a)(6).
47 CFR 79.105(b)(3).
187 See 47 U.S.C. 303(u).
188 See First Report and Order, para. 66.
186 See
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203.189 Under this approach, the
Commission will permit an entity that
seeks to use an alternate means to
comply with the apparatus requirements
to file a request pursuant to Section 1.41
of the Commission’s rules for a
determination that the proposed
alternative satisfies the statutory
requirements. The Commission will
consider such requests on a case-by-case
basis. Further, the rule also allows for
certain purpose-based waivers and
exemptions.190 These processes will
allow the Commission to address the
impact of the rules on individual
entities, including smaller entities, on a
case-by-case basis and to modify the
application of the rules to accommodate
individual circumstances, which can
reduce the costs of compliance for these
entities.
66. Overall, we believe we have
appropriately considered both the
interests of individuals with disabilities
and the interests of the entities who will
be subject to the rules, including those
that are smaller entities. The
requirements adopted by the
Commission today help ensure that the
critical details of an emergency are
made accessible to individuals who are
blind or visually impaired, thus
significantly benefiting consumers and
serving the stated public interest goal of
the CVAA.
6. Report to Congress
67. The Commission will send a copy
of the Second Report and Order,
including this FRFA, in a report to be
sent to Congress pursuant to the
Congressional Review Act.191 In
addition, the Commission will send a
copy of the Second Report and Order,
including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A
copy of the Second Report Order and
FRFA (or summaries thereof) will also
be published in the Federal Register.192
B. Paperwork Reduction Act
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68. The Second Report and Order
does not contain any new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA).193 In addition, therefore,
it does not contain any information
collection burden for small business
concerns with fewer than 25 employees,
189 See
id., para. 75.
190 See 47 CFR 79.105(b)(1) through (2),
79.105(b)(4).
191 See 5 U.S.C. 801(a)(1)(A).
192 See id. 604(b).
193 The Paperwork Reduction Act of 1995 (PRA),
Public Law 104–13, 109 Stat 163 (1995) (codified
in Chapter 35 of title 44 U.S.C.).
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pursuant to the Small Business
Paperwork Relief Act of 2002.194
distributors (MVPDs), Satellite
television service providers.
C. Congressional Review Act
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
69. The Commission will send a copy
of the Second Report and Order in a
report to be sent to Congress and the
Government Accountability Office,
pursuant to the Congressional Review
Act.195
D. Additional Information
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 79 as
follows:
70. For additional information on this
proceeding, contact Maria Mullarkey,
Maria.Mullarkey@fcc.gov, of the Media
Bureau, Policy Division, (202) 418–
2120.
PART 79—ACCESSIBILITY OF VIDEO
PROGRAMMING
V. Ordering Clauses
Authority: 47 U.S.C. 151, 152(a), 154(i),
303, 307, 309, 310, 330, 544a, 613, 617.
71. Accordingly, it is ordered that,
pursuant to the Twenty-First Century
Communications and Video
Accessibility Act of 2010, Public Law
111–260, 124 Stat. 2751, and the
authority found in 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, this Second Report
and Order is adopted, effective August
10, 2015.
72. It is ordered that, pursuant to the
Twenty-First Century Communications
and Video Accessibility Act of 2010,
Public Law 111–260, 124 Stat. 2751, and
the authority found in 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, the Commission’s
rules are hereby amended as set forth
herein.
73. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Second Report and Order,
including the Final Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
74. It is further ordered that the
Commission shall send a copy of this
Second Report and Order in a report to
be sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 79
Cable television operators,
Communications equipment,
Multichannel video programming
194 The Small Business Paperwork Relief Act of
2002 (SBPRA), Public Law 107–198, 116 Stat 729
(2002) (codified in Chapter 35 of title 44 U.S.C.); see
44 U.S.C. 3506(c)(4).
195 See 5 U.S.C. 801(a)(1)(A).
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1. The authority citation for part 79
continues to read as follows:
■
2. Amend § 79.2 by revising paragraph
(b)(2)(ii) and adding paragraph (b)(6) to
read as follows:
■
§ 79.2 Accessibility of programming
providing emergency information.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) Emergency information that is
provided visually during programming
that is neither a regularly scheduled
newscast, nor a newscast that interrupts
regular programming, must be
accompanied with an aural tone, and
beginning May 26, 2015 except as
provided in paragraph (b)(6) of this
section, must be made accessible to
individuals who are blind or visually
impaired through the use of a secondary
audio stream to provide the emergency
information aurally. Emergency
information provided aurally on the
secondary audio stream must be
preceded by an aural tone and must be
conveyed in full at least twice.
Emergency information provided
through use of text-to-speech (‘‘TTS’’)
technologies must be intelligible and
must use the correct pronunciation of
relevant information to allow consumers
to learn about and respond to the
emergency, including, but not limited
to, the names of shelters, school
districts, streets, districts, and proper
names noted in the visual information.
The video programming distributor or
video programming provider that
creates the visual emergency
information content and adds it to the
programming stream is responsible for
providing an aural representation of the
information on a secondary audio
stream, accompanied by an aural tone.
Video programming distributors are
responsible for ensuring that the aural
representation of the emergency
information (including the
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accompanying aural tone) gets passed
through to consumers.
*
*
*
*
*
(6) Beginning July 10, 2017,
multichannel video programming
distributors must ensure that any
application or plug-in that they provide
to consumers to access linear
programming on tablets, smartphones,
laptops, and similar devices over the
MVPD’s network as part of their
multichannel video programming
distributor services is capable of passing
through to consumers an aural
representation of the emergency
information (including the
accompanying aural tone) on a
secondary audio stream.
*
*
*
*
*
■ 3. Amend § 79.105 by adding
paragraph (d) and a note to paragraph
(d) to read as follows:
§ 79.105 Video description and emergency
information accessibility requirements for
all apparatus.
*
*
*
*
*
(d) Beginning December 20, 2016, all
apparatus subject to this section must
provide a simple and easy to use
mechanism for activating the secondary
audio stream for audible emergency
information.
Note To Paragraph (d): This paragraph
places no restrictions on the importing,
shipping, or sale of navigation devices that
were manufactured before December 20,
2016.
[FR Doc. 2015–16324 Filed 7–9–15; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 1206013412–2517–02]
RIN 0648–XE028
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2015
Commercial Accountability Measure
and Closure for Gulf of Mexico Greater
Amberjack
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
NMFS implements
accountability measures (AMs) for
commercial greater amberjack in the
Gulf of Mexico (Gulf) reef fish fishery
for the 2015 fishing year through this
SUMMARY:
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16:28 Jul 09, 2015
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temporary rule. NMFS projects
commercial landings for greater
amberjack, will reach the commercial
ACT (commercial quota) by July 19,
2015. Therefore, NMFS closes the
commercial sector for greater amberjack
in the Gulf on July 19, 2015, and it will
remain closed until the start of the next
fishing season on January 1, 2016. This
closure is necessary to protect the Gulf
greater amberjack resource.
DATES: This rule is effective 12:01 a.m.,
local time, July 19, 2015, until 12:01
a.m., local time, January 1, 2016.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the reef fish fishery of the Gulf,
which includes greater amberjack,
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf
(FMP). The Gulf of Mexico Fishery
Management Council (Council)
prepared the FMP and NMFS
implements the FMP under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
greater amberjack weights discussed in
this temporary rule are in round weight.
The commercial annual catch limit
(ACL) for Gulf greater amberjack is
481,000 lb (218,178 kg), as specified in
50 CFR 622.41(a)(1), and the
commercial ACT (equivalent to the
commercial quota) is 409,000 lb
(185,519 kg), as specified in 50 CFR
622.39(a)(1)(v).
Under 50 CFR 622.41(a)(1)(i), NMFS
is required to close the commercial
sector for greater amberjack when the
commercial ACT (commercial quota) is
reached, or is projected to be reached,
by filing a notification to that effect with
the Office of the Federal Register. NMFS
has determined the commercial ACT
(commercial quota) will be reached by
July 19, 2015. Accordingly, the
commercial sector for Gulf greater
amberjack is closed effective 12:01 a.m.,
local time, July 19, 2015, until 12:01
a.m., local time, January 1, 2016.
The operator of a vessel with a valid
commercial vessel permit for Gulf reef
fish with greater amberjack on board
must have landed, bartered, traded, or
sold such greater amberjack prior to
12:01 a.m., local time, July 19, 2015.
During the commercial closure, the bag
and possession limits specified in 50
CFR 622.38(b)(1), apply to all harvest or
possession of greater amberjack in or
from the Gulf exclusive economic zone
(EEZ). However, from June 1 through
July 31 each year, the recreational sector
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
39715
for greater amberjack is also closed, as
specified in 50 CFR 622.34(c), and
during this recreational closure, the bag
and possession limits for greater
amberjack in or from the Gulf EEZ are
zero. During the commercial closure, the
sale or purchase of greater amberjack
taken from the EEZ is prohibited. The
prohibition on sale or purchase does not
apply to the sale or purchase of greater
amberjack that were harvested, landed
ashore, and sold prior to 12:01 a.m.,
local time, July 19, 2015, and were held
in cold storage by a dealer or processor.
The commercial sector for greater
amberjack will reopen on January 1,
2016, the beginning of the 2016
commercial fishing season.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the Gulf greater
amberjack component of the Gulf reef
fish fishery and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.41(a)(1) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act, because the temporary rule is
issued without opportunity for prior
notice and comment.
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement this action to
close the commercial sector for greater
amberjack constitutes good cause to
waive the requirements to provide prior
notice and opportunity for public
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such
procedures would be unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule establishing the closure provisions
was subject to notice and comment, and
all that remains is to notify the public
of the closure. Such procedures are
contrary to the public interest because
of the need to immediately implement
this action to protect greater amberjack.
The capacity of the commercial sector
allows for rapid harvest of the
commercial ACT (commercial quota),
and prior notice and opportunity for
public comment would require time and
would potentially result in harvest
exceeding the commercial ACT
(commercial quota) and commercial
ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
E:\FR\FM\10JYR1.SGM
10JYR1
]]>Agencies
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39698-39715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16324]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 79
[MB Docket No. 12-107; FCC 15-56]
Accessible Emergency Information, and Apparatus Requirements for
Emergency Information and Video Description
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Commission adopts additional rules under
the authority of the Twenty-First Century Communications and Video
Accessibility Act of 2010 (CVAA) to make emergency information in video
programming accessible to individuals who are blind or visually
impaired. First, the document requires multichannel video programming
distributors to pass through a secondary audio stream containing
audible emergency information when they permit consumers to access
linear programming on second screen devices, such as tablets,
smartphones, laptops, and similar devices. Second, the document
requires manufacturers of apparatus that receive or play back video
programming to provide a mechanism that is simple and easy to use for
activating the secondary audio stream to access audible emergency
information.
DATES: Effective August 10, 2015.
FOR FURTHER INFORMATION CONTACT: Evan Baranoff, Evan.Baranoff@fcc.gov,
of the Media Bureau, Policy Division, (202) 418-2120.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order (Order), FCC 15-56, adopted on May 21, 2015, and
released on May 28, 2015. The full text of this document is available
electronically via the FCC's Electronic Document Management System
(EDOCS) Web site at https://fjallfoss.fcc.gov/edocs_public/ or via the
FCC's Electronic Comment Filing System (ECFS) Web site at https://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically
in ASCII, Microsoft Word, and/or Adobe Acrobat.) This document is also
available for public inspection and copying during regular business
hours in the FCC Reference Information Center, Federal Communications
Commission, 445 12th Street SW., CY-A257, Washington, DC 20554. 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).
I. Introduction
1. In this Second Report and Order, we take additional steps under
the authority of sections 202 and 203 of the Twenty-First Century
Communications and Video Accessibility Act of 2010 (``CVAA'') \1\ to
make emergency information in video programming accessible to
individuals who are blind or visually impaired. The Commission adopted
rules in 2013 to require that visual emergency information shown during
non-newscast television programming, such as in an on-screen crawl, is
also available to individuals who are blind or visually impaired
through an aural presentation on a secondary audio stream.\2\ In
adopting these rules pursuant to sections 202 and 203 of the CVAA, the
Commission recognized the importance of making sure that individuals
who are blind or visually impaired are able to hear critical
information about emergencies affecting their locality, which can
enable them promptly to respond to such emergency situations and to
protect their lives and property.
---------------------------------------------------------------------------
\1\ Twenty-First Century Communications and Video Accessibility
Act of 2010, Public Law 111-260, 124 Stat. 2751 (2010); Amendment of
Twenty-First Century Communications and Video Accessibility Act of
2010, Public Law 111-265, 124 Stat. 2795 (2010) (making technical
corrections to the CVAA).
\2\ See Accessible Emergency Information; Apparatus Requirements
for Emergency Information and Video Description: Implementation of
the Twenty-First Century Communications and Video Accessibility Act
of 2010, MB Docket Nos. 12-107, 11-43, Report and Order, FCC 13-45,
78 FR 31770 (2013) (``First Report and Order''). A secondary audio
stream is an audio channel, other than the main program audio
channel, that is typically used for foreign language audio and video
description.
---------------------------------------------------------------------------
2. First, this Second Report and Order concludes that multichannel
video programming distributors (``MVPDs'')
[[Page 39699]]
must pass through a secondary audio stream containing audible emergency
information in accordance with section 79.2 of the Commission's rules
\3\ when they permit consumers to access linear programming \4\ on
tablets, smartphones, laptops, and similar devices over the MVPD's
network as part of their MVPD services. Increasingly, Americans are
utilizing a wide range of devices in addition to the television to view
video programming,\5\ and a number of MVPDs now allow customers to view
linear programming on ``second screen'' devices using applications or
other technologies.\6\ Our rule ensures that individuals who are blind
or visually impaired will be provided with accessible emergency
information when they are watching linear programming over the MVPD's
network as part of their MVPD services, regardless of whether they are
viewing the programming on their television or on their tablet,
smartphone, or similar device.
---------------------------------------------------------------------------
\3\ 47 CFR 79.2.
\4\ The term ``linear programming'' is generally understood to
refer to video programming that is prescheduled by the video
programming provider. See Promoting Innovation and Competition in
the Provision of Multichannel Video Programming Distribution
Services, MB Docket No. 14-261, Notice of Proposed Rulemaking, FCC
14-210, 80 FR 2078 (2014) (``MVPD Definition NPRM'') (using the term
``linear programming'' ``consistent with prior Commission use'');
Annual Assessment of the Status of Competition in the Market for the
Delivery of Video Programming, MB Docket No. 14-16, Notice of
Inquiry, FCC 14-8, 79 FR 8452 (2014) (``A linear channel is one that
distributes programming at a scheduled time. Non-linear programming,
such as video-on-demand (`VOD') and online video content, is
available at a time of the viewer's choosing.'')).
\5\ See Annual Assessment of the Status of Competition in the
Market for the Delivery of Video Programming, MB Docket No. 14-16,
Sixteenth Report, FCC 15-41, para. 336 (rel. Apr. 2, 2015) (``16th
Video Competition Report'') (``IP video distribution opportunities
for MVPDs and [online video distributors] continu`e to expand
through portable media devices.'').
\6\ For example, Cablevision, Charter, Comcast, Cox, and Time
Warner Cable currently offer applications that allow their
subscribers to view linear programming on mobile and other devices.
---------------------------------------------------------------------------
3. Second, this Second Report and Order requires manufacturers of
apparatus subject to section 79.105 of the Commission's rules \7\ to
provide a mechanism that is simple and easy to use for activating the
secondary audio stream to access audible emergency information.
Individuals who are blind or visually impaired should not have to
navigate through multiple levels of menus or take other time-consuming
actions to activate the secondary audio stream when they hear the aural
tone signaling that emergency information is being provided visually on
the screen. In emergency situations, every second counts. Thus, we
believe that in order for emergency information to be made fully
accessible to individuals who are blind or visually impaired in
accordance with section 203 of the CVAA, manufacturers of covered
apparatus must ensure that such individuals have a simple, easy to use
mechanism to activate the secondary audio stream in order to hear
emergency information.
---------------------------------------------------------------------------
\7\ 47 CFR 79.105.
---------------------------------------------------------------------------
4. In the Second Further Notice of Proposed Rulemaking (``Second
Further Notice'') accompanying the Second Report and Order (and
published in this issue of the Federal Register), we seek comment on
three issues: (i) Whether we should adopt rules regarding how covered
entities should prioritize emergency information conveyed aurally on
the secondary audio stream when more than one source of visual
emergency information is presented on-screen at the same time; (ii)
whether we should reconsider the Commission's requirement for ``school
closings and changes in school bus schedules'' resulting from emergency
situations to be conveyed aurally on the secondary audio stream,
considering the length of such information and the limits of the
secondary audio stream; and (iii) whether we should require MVPDs to
ensure that the navigation devices that they provide to subscribers
include a simple and easy to use activation mechanism for accessing
audible emergency information on the secondary audio stream, and to
provide a simple and easy to use mechanism to activate the secondary
audio stream for emergency information when they permit subscribers to
view linear programming on mobile and other devices as part of their
MVPD services.
II. Background
5. The CVAA was enacted on October 8, 2010 with the purpose of
ensuring that individuals with disabilities are able to fully utilize
modern communications services and equipment and to better access video
programming.\8\ Sections 202 and 203 of the CVAA address, in part, the
accessibility of emergency information for individuals who are blind or
visually impaired.\9\ Specifically, section 202 of the CVAA directs the
Commission to (i) ``identify methods to convey emergency information
(as that term is defined in section 79.2 of title 47, Code of Federal
Regulations \10\) in a manner accessible to individuals who are blind
or visually impaired,'' \11\ and (ii) ``promulgate regulations that
require video programming providers and video programming distributors
(as those terms are defined in section 79.1 of title 47, Code of
Federal Regulations \12\) and program owners to convey such emergency
information in a manner accessible to individuals who are blind or
visually impaired.'' \13\ Section 203 of
[[Page 39700]]
the CVAA directs the Commission to prescribe rules requiring certain
apparatus on which consumers receive or play back video programming,
such as televisions, set-top boxes, DVD and Blu-ray players, to have
the capability to decode and make available emergency information and
video description services in a manner accessible to individuals who
are blind or visually impaired, and requiring certain apparatus
designed to record video programming to enable the rendering or pass
through of emergency information and video description.\14\
---------------------------------------------------------------------------
\8\ See H.R. Rep. No. 111-563, 111th Cong., 2d Sess. at 19
(2010); S. Rep. No. 111-386, 111th Cong., 2d Sess. at 1 (2010).
\9\ Pursuant to Section 201 of the CVAA, the Chairman of the
Commission established an advisory committee known as the Video
Programming Accessibility Advisory Committee (``VPAAC''), comprised
of representatives from industry and consumer groups, which
submitted its statutorily mandated report addressing accessible
emergency information to the Commission on April 9, 2012. See Second
Report of the Video Programming Accessibility Advisory Committee on
the Twenty-First Century Communications and Video Accessibility Act
of 2010, available at https://vpaac.wikispaces.com; Public Law 111-
260, sec. 201(e)(2) (``VPAAC Second Report: Access to Emergency
Information''). The portion of the report that addresses emergency
information is available at https://vpaac.wikispaces.com/file/view/120409+VPAAC+Access+to+Emergency+Information+REPORT+AS+SUBMITTED+4-9-2012.pdf. See also Media Bureau and Consumer and Governmental
Affairs Bureau Seek Comment on Second VPAAC Report: Video
Description and Access to Emergency Information, MB Docket No. 12-
107, Public Notice, DA 12-636 (MB rel. Apr. 24, 2012).
\10\ ``Emergency information'' is defined in section 79.2 of the
Commission's rules as ``[i]nformation, about a current emergency,
that is intended to further the protection of life, health, safety,
and property, i.e., critical details regarding the emergency and how
to respond to the emergency. Examples of the types of emergencies
covered include tornadoes, hurricanes, floods, tidal waves,
earthquakes, icing conditions, heavy snows, widespread fires,
discharge of toxic gases, widespread power failures, industrial
explosions, civil disorders, school closings and changes in school
bus schedules resulting from such conditions, and warnings and
watches of impending changes in weather.'' 47 CFR 79.2(a)(2). As in
the First Report and Order, we note that the emergency information
covered by this proceeding does not include emergency alerts
delivered through the Emergency Alert System (EAS), the
accessibility requirements for which are contained in Part 11 of the
Commission's rules. See 47 CFR 11.1 et seq.; First Report and Order,
para. 9. However, to the extent a broadcaster or other covered
entity uses the information provided through EAS or any other source
(e.g., the National Weather Service) to generate its own crawl
conveying emergency information as defined in section 79.2(a)(2)
outside the context of an EAS activation, it must comply with the
requirements of section 79.2. See First Report and Order, para. 9.
\11\ 47 U.S.C. 613(g)(1).
\12\ Section 79.1 defines a ``video programming provider'' as
``[a]ny video programming distributor and any other entity that
provides video programming that is intended for distribution to
residential households including, but not limited to broadcast or
nonbroadcast television network and the owners of such
programming.'' 47 CFR 79.1(a)(12). Section 79.1 defines a ``video
programming distributor'' as ``[a]ny television broadcast station
licensed by the Commission and any multichannel video programming
distributor as defined in Sec. 76.1000(e) of this chapter, and any
other distributor of video programming for residential reception
that delivers such programming directly to the home and is subject
to the jurisdiction of the Commission.'' Id. 79.1(a)(11).
\13\ 47 U.S.C. 613(g)(2).
\14\ Id. 303(u)(1), 303(z)(1).
---------------------------------------------------------------------------
6. The Commission adopted the First Report and Order on April 9,
2013.\15\ The record compiled in the proceeding reflected consensus
among industry and consumer groups supporting use of a secondary audio
stream to provide emergency information in a manner accessible to
individuals who are blind or visually impaired, which was recommended
by the VPAAC.\16\ Thus, to implement the emergency information
requirements in Section 202, the First Report and Order adopted rules
requiring that video programming providers (including program owners)
and video programming distributors use a secondary audio stream to
convey televised emergency information aurally, when such information
is conveyed visually during programming other than newscasts.\17\
Pursuant to section 203, the First Report and Order also adopted rules
applicable to manufacturers that require apparatus designed to receive,
play back, or record video programming transmitted simultaneously with
sound to make available the secondary audio stream.\18\
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\15\ See generally First Report and Order.
\16\ See First Report and Order, para. 13; VPAAC Second Report:
Access to Emergency Information at 7, 10-11.
\17\ See First Report and Order, para. 12; 47 CFR
79.2(b)(2)(ii). The Commission did not revise the existing
requirement applicable to emergency information provided visually
during newscasts, explaining that the rule already requires such
information to be made accessible to individuals who are blind or
visually impaired through aural presentation in the main program
audio. First Report and Order, para. 10. See 47 CFR 79.2(b)(2)(i).
\18\ See First Report and Order, paras. 49, 52; 47 CFR 79.105
through 79.106.
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7. In the Further Notice of Proposed Rulemaking (``Further
Notice'') that accompanied the First Report and Order, the Commission
sought comment on whether MVPDs are covered by the emergency
information rules when they permit their subscribers to access linear
programming via mobile or other devices.\19\ In a separate Further
Notice of Proposed Rulemaking issued in conjunction with the
Commission's User Interfaces Order \20\ (``User Interfaces Further
Notice''), also under MB Docket No. 12-107, the Commission sought
comment on whether to require manufacturers of apparatus covered by
section 203 of the CVAA to provide access to the secondary audio stream
used for audible emergency information by a simple and straightforward
mechanism, such as a mechanism reasonably comparable to a button, key,
or icon.\21\ In particular, the Commission sought comment on whether
section 303(u)(1)(C) of the Communications Act of 1934, as amended (the
``Act''), as added by section 203 of the CVAA, which requires that
covered apparatus have the capability to make available emergency
information in a manner that is accessible to individuals who are blind
or visually impaired, gives the Commission authority to adopt such a
requirement.\22\ Consumer and academic commenters, including the
American Foundation for the Blind (``AFB''), the American Council of
the Blind (``ACB''), and the Rehabilitation Engineering Research Center
for Wireless Technologies (``Wireless RERC''), support such a
requirement, while industry commenters oppose it.
---------------------------------------------------------------------------
\19\ See Accessible Emergency Information; Apparatus
Requirements for Emergency Information and Video Description:
Implementation of the Twenty-First Century Communications and Video
Accessibility Act of 2010, MB Docket Nos. 12-107, 11-43, Further
Notice of Proposed Rulemaking, FCC 13-45, 78 FR 31800 (2013)
(``Further Notice'') (accompanying First Report and Order). The
Commission also sought comment on the following issues in the
Further Notice: (i) Whether MVPDs must pass through video
description on the secondary audio stream when they permit their
subscribers to access linear programming via mobile or other
devices; (ii) whether the Commission should mandate that the
secondary audio stream include a particular tag (e.g., a ``visually
impaired'' (``VI'') tag); and (iii) whether the Commission should
require covered entities to provide customer support services that
are specifically designed to assist consumers who are blind or
visually impaired to navigate between the main and secondary audio
streams. See id. The Commission is continuing to consider these
issues.
\20\ See Accessibility of User Interfaces, and Video Programming
Guides and Menus; 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, MB Docket Nos. 12-108, 12-107, Report and
Order, FCC 13-138, 78 FR 77210 (2013) (``User Interfaces Order'');
Accessibility of User Interfaces, and Video Programming Guides and
Menus; 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, MB Docket Nos. 12-108, 12-107, Further Notice of Proposed
Rulemaking, FCC 13-138, 78 FR 77074 (2013) (``User Interfaces
Further Notice'').
\21\ See User Interfaces Further Notice, para. 9.
\22\ See id.; 47 U.S.C. 303(u)(1)(C); Public Law 111-260, sec.
203.
---------------------------------------------------------------------------
8. To further implement sections 202 and 203 of the CVAA, we adopt
the rules discussed below. Consistent with the intent of the CVAA, we
must ensure that individuals with disabilities are not left behind as
new technologies and platforms for viewing video programming are
developed, and we are mindful of this as we revise our rules promoting
the accessibility of emergency information.
III. Discussion
A. Accessible Emergency Information Requirements for Linear Programming
on Mobile and Other Devices
9. Given the increasing number of ways in which consumers are
accessing linear video programming from MVPDs, we believe that it is
important to further define MVPD responsibilities with regard to the
secondary audio stream for emergency information on mobile and other
devices. Specifically, we conclude that MVPDs must pass through a
secondary audio stream containing audible emergency information when
they permit consumers to access linear programming on tablets,
smartphones, laptops, and similar devices \23\ over the MVPD's network
as part of their MVPD services.\24\ For our purposes here, linear video
programming is accessed ``over the MVPD's network'' \25\ if it can only
be received via a connection provided by the MVPD \26\ using an MVPD-
provided application or plug-in.\27\
---------------------------------------------------------------------------
\23\ In addition to tablets, smartphones, and laptops, the
phrase ``similar devices'' includes other devices on which
subscribers can view MVPD-provided linear programming over the
MVPD's network, such as personal computers, game consoles, and Roku
devices.
\24\ At this time, this does not include over-the-top (``OTT'')
services, which are at issue in a separate proceeding that considers
whether to interpret the term MVPD to include ``services that make
available for purchase, by subscribers or customers, multiple linear
streams of video programming, regardless of the technology used to
distribute the programming.'' MVPD Definition NPRM, para. 1. As in
the MVPD Definition NPRM, we use the term OTT to refer to linear
video services that travel over the Internet and that MVPDs do not
treat as managed video services on any MVPD system.
\25\ This definition applies when we use the phrase ``over the
MVPD's network'' throughout the item.
\26\ Video is ``received via a connection provided by the MVPD''
if it is received either via an MVPD's broadband connection or if it
is video that comes over a coaxial or satellite connection that is
converted to IP in the home gateway.
\27\ This is distinguishable from video programming provided
over the Internet, which can be accessed by an MVPD subscriber when
using either an MVPD-provided connection, or a third-party Internet
service provider or broadband connection. For example, a customer
that uses a tablet connected to a bookstore's Wi-Fi to access video
programming would not be accessing the programming ``over the MVPD's
network.''
---------------------------------------------------------------------------
1. Legal and Policy Analysis
10. In the Further Notice, we inquired whether an MVPD is acting as
a ``video programming distributor'' that provides
[[Page 39701]]
``video programming'' covered by the emergency information rules
adopted in the First Report and Order when it permits its subscribers
to access linear programming that contains emergency information via
tablets, laptops, personal computers, smartphones, or similar
devices.\28\ We also sought comment on whether, under this approach, an
MVPD should be required to ensure that any application or plug-in that
it provides to the consumer to access such programming is capable of
making emergency information audible on a secondary audio stream.
---------------------------------------------------------------------------
\28\ Further Notice, para. 2.
---------------------------------------------------------------------------
11. We conclude that the accessible emergency information
requirements adopted in the First Report and Order should apply to
linear video programming distributed by MVPDs to their subscribers over
the MVPD's network, regardless of the device on which such programming
is viewed. In the First Report and Order, the Commission determined
that the accessible emergency information requirements adopted therein
apply to video programming subject to section 79.2 that is provided by
a covered entity, i.e., video programming provided by television
broadcast stations licensed by the Commission, MVPDs, and any other
distributor of video programming for residential reception that
delivers such programming directly to the home and is subject to the
jurisdiction of the Commission.\29\ As the National Cable &
Telecommunications Association (``NCTA'') observes, MVPDs are expressly
included within the regulatory definition of a ``video programming
distributor.'' \30\ Further, linear programming distributed by an MVPD
to a subscriber over the MVPD's network is ``video programming''
subject to section 79.2 of the rules. In other words, it is
``[p]rogramming provided by, or generally considered comparable to
programming provided by, a television broadcast station that is
distributed and exhibited for residential use.'' \31\ Accordingly,
MVPDs must comply with the accessible emergency information
requirements when they permit consumers to access linear programming on
tablets, smartphones, laptops, and similar devices over the MVPD's
network as part of their MVPD services.\32\ Further, section 202 of the
CVAA gives the Commission discretion in how it implements the
requirement that video programming distributors, including MVPDs,
``convey [ ] emergency information in a manner accessible to
individuals who are blind or visually impaired.'' \33\ Thus, applying
the emergency information rules when MVPDs permit subscribers to access
linear programming on mobile and other devices over the MVPD's network
adheres to the statutory directive to ensure that emergency information
is conveyed in an accessible manner to individuals with visual
disabilities.
---------------------------------------------------------------------------
\29\ First Report and Order, para. 7; 47 CFR 79.1(a)(10) through
(11).
\30\ See Comments of the National Cable & Telecommunications
Association, MB Docket Nos. 12-107, 11-43, at 3 (``NCTA Comments'');
47 CFR 79.1(a)(11). See also First Report and Order, para. 33.
\31\ See NCTA Comments at 3; 47 CFR 79.1(a)(10).
\32\ Given that we apply the rules only when MVPDs permit
consumers to access linear programming on tablets, smartphones,
laptops, and similar devices over the MVPD's network as part of
their MVPD services, and not to OTT services at this time, we need
not address the issues raised by industry commenters with regard to
whether the Commission has authority under the CVAA to extend the
accessible emergency information requirements in Section 79.2 to all
linear programming delivered over the Internet or via Internet
protocol (``IP''). See Comments of AT&T Services, Inc., MB Docket
Nos. 12-107, 11-43, at 3 (``AT&T Comments''); Comments of DIRECTV,
LLC, MB Docket Nos. 12-107, 11-43, at 5-6 (``DIRECTV Comments'');
Comments of the Consumer Electronics Association, MB Docket Nos. 12-
107, 11-43, at 6 (``CEA Comments''); Comments of the
Telecommunications Industry Association, MB Docket Nos. 12-107, 11-
43, at 3-4 (``TIA Comments''); Reply Comments of the Entertainment
Software Association, MB Docket Nos. 12-107, 11-43, at 3 (``ESA
Reply''); Reply Comments of the Information Technology Industry
Council, MB Docket Nos. 12-107, 11-43, at 3-4 (``ITIC Reply''). See
also Reply Comments of the National Association of Broadcasters, MB
Docket Nos. 12-107, 11-43, at 2 (``NAB Reply'').
\33\ 47 U.S.C. 613(g)(2).
---------------------------------------------------------------------------
12. NCTA, AT&T Services, Inc. (``AT&T''), and the Wireless RERC
argue that MVPDs should be covered by the emergency information rules
in section 79.2 when they provide linear programming that contains
emergency information for viewing on mobile and other devices within
the home. NCTA contends that ``a cable operator delivering linear
broadcast stations containing emergency information (or any other
linear video programming service that might provide an aural version of
emergency information covered by the rules) within a subscriber's home
would be a `video programming distributor' for . . . purposes [of the
rules], even if the linear service is received through use of an
operator-supplied app on a device owned by a consumer.'' \34\ According
to NCTA, ``cable operators would not object to applying the emergency
information rules in these circumstances.'' \35\ Likewise, AT&T states
that ``when an MVPD is allowing its subscribers to access video
programming that is distributed to the home via the MVPD's network, the
MVPD is subject to the Commission's emergency information rules,
regardless of the devices that are accessing the video programming.''
\36\ The Wireless RERC agrees with AT&T's position.\37\
---------------------------------------------------------------------------
\34\ NCTA Comments at 3.
\35\ Id.
\36\ AT&T Comments at 3.
\37\ Reply Comments of the Rehabilitation Engineering Research
Center for Wireless Technologies, MB Docket Nos. 12-107, 11-43, at 5
(``Wireless RERC Reply'').
---------------------------------------------------------------------------
13. We believe that requiring MVPDs to pass through a secondary
audio stream with audible emergency information in these circumstances
will further the goals of the CVAA by helping to ensure that emergency
information is made accessible to individuals who are blind or visually
impaired when they watch linear video programming provided by their
MVPD over the MVPD's network, regardless of the device on which they
are viewing the programming. The number of ways in which consumers are
able to access linear programming from their MVPDs is growing. As NCTA
points out, ``[c]able operators, as part of their existing services,
increasingly are providing applications (`apps') or other technologies
that enable their subscribers to view linear programming within the
home over the cable operator's network.'' \38\ Consumer advocates
emphasize the importance of making sure that the emergency information
rules keep pace with such trends and urge the Commission to apply the
emergency information rules
[[Page 39702]]
to mobile and other devices.\39\ In addition, the Wireless RERC
explains that individuals who are blind or visually impaired may not
draw a distinction between regular television broadcasts and linear
programming on mobile and other devices offered as part of an MVPD's
services and, therefore, they argue that the emergency information
rules should apply equally to the latter.\40\ We concur. Consumers who
choose to watch linear programming offered by an MVPD on a mobile
device over the MVPD's network should not be deprived of timely and
potentially life-saving accessible emergency information that they
otherwise would have received had they watched the same programming on
a television.
---------------------------------------------------------------------------
\38\ See NCTA Comments at 2; Wireless RERC Reply at 4; Letter
from Diane B. Burstein, Vice President and Deputy General Counsel,
NCTA, to Marlene H. Dortch, Secretary, FCC, at 1 (Apr. 4, 2014)
(``NCTA Apr. 4, 2014 Ex Parte Letter''). See also Further Notice,
n.6 (stating that Cablevision currently permits consumers to access
its entire package of video programming, including broadcast
channels that contain emergency information, through its Optimum app
for the iPad and other devices); Charter Communications, Press
Release, Charter Announces Launch of Charter TV App (Apr. 8, 2014)
(announcing the Charter TV App available for free download on
various platforms, through which ``Charter TV customers can now
watch over 130 live TV Channels anywhere inside their home on their
mobile devices such as tablets or smartphones''); Comcast, Xfinity
TV Apps, available at https://xfinitytv.comcast.net/apps (``Turn any
device into a personal TV screen anywhere in your home. Stream any
channel live, watch XFINITY On DemandTM and access your
DVR shows on your tablet, smartphone or computer.''); Cox, About the
Contour App, available at https://www.cox.com/residential/support/tv/article.cox?articleId=ee838930-c7d7-11e2-caa8-000000000000 (``With
the Contour App, you can [w]atch over 130 live channels and
thousands of On Demand programs while in the home.''); Time Warner
Cable, TWC TV App, available at https://www.timewarnercable.com/en/tv/features/twc-tv.html (``Watch up to 300 live TV channels on up to
five of your favorite devices simultaneously in your home with the
TWC TV app'').
\39\ See Wireless RERC Reply at 3-4; Comments of Jose Cruz, MB
Docket Nos. 12-107, 11-43, at 2 (arguing that ``[t]he blind/visually
impaired should be able to access emergency broadcasts from their
MVPD . . . through mobile and/or other electronic devices,'' which
``may affect their well-being or the well-being of their
families''); Comments of Jeanette M. Schmoyer, MB Docket Nos. 12-
107, 11-43, at 1 (arguing that the accessible emergency information
requirements should apply to television programming delivered over
tablets, laptops, smartphones, and similar devices, and stating that
``[a]t the rate technology changes, PC's are already decreasing in
sales in favor of laptops and tablets'' and ``[i]nformation provided
as a visual element needs to be provided in an audio element no
matter what the device'').
\40\ See Wireless RERC Reply at 4.
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14. Although we inquired in the Further Notice as to whether the
emergency information rules should apply to an MVPD's linear
programming accessed outside the home, we find it more appropriate to
apply the rules when MVPDs permit consumers to access linear
programming on tablets, smartphones, laptops, and similar devices over
the MVPD's network as part of their MVPD services. In the Further
Notice, we noted that some MVPDs currently enable subscribers to access
linear programming inside the home as well as outside the home (i.e.,
TV Everywhere \41\), and we sought comment on whether our emergency
information rules should apply in both situations, irrespective of
where the subscriber is physically located when accessing the
programming.\42\ Instead of applying our rules based on where the
consumer is located when viewing the programming, we look instead to
whether the programming is provided over the MVPD's network, as opposed
to over the Internet, given that Internet-based video services are
currently at issue in a separate proceeding. NCTA argues that the rules
should apply only within an MVPD subscriber's home, and not outside of
the home, ``both because of the limited scope of the statutory and
regulatory definitions, and because of the nature of emergency
information.'' \43\ We conclude that focusing on whether the services
are provided over the MVPD's network more clearly delineates the
services subject to the rule and avoids confusion as to whether the
rule applies with respect to OTT services that consumers may be able to
access in their homes.\44\ Further, to the extent NCTA's ``in the
home'' construction is intended to ensure that the emergency
information rules do not apply to video programming accessed over the
Internet, our approach to cover linear programming accessed over the
MVPD's network as part of an MVPD's services accomplishes this
objective. Our emergency information rules do not apply, at this time,
to an MVPD's linear programming that is accessed via the Internet, such
as TV Everywhere offerings.
---------------------------------------------------------------------------
\41\ See 16th Video Competition Report, para. 3 (``These
services, referred to as `TV Everywhere,' allow MVPD subscribers to
access both linear and video-on-demand (`VOD') programming on a
variety of in-home and mobile Internet-connected devices.''); id. at
n.22 (``TV Everywhere is an authentication system whereby certain
movies and television shows are accessible online via a variety of
display devices including personal computer, mobile, and
television--but only if you can prove (or `authenticate') that you
have a subscription to an MVPD.''); id. para. 85 (``Most of the
video programming offered on TV Everywhere is available only to MVPD
subscribers. Access to TV Everywhere video programming is restricted
through the use of an authentication process that requires a
subscriber to select their MVPD service provider and then provide a
user ID and password.'') (citation omitted).
\42\ Further Notice, para. 2.
\43\ NCTA Comments at 3, n.11. See also AT&T Comments at 1; CEA
Comments at 4 (``The Commission consistently has applied Section[ ]
79.2 only in the context of traditional broadcast television and
MVPD services, which are classic examples of services for
residential reception that deliver such programming directly to the
home.'') (citation omitted); TIA Comments at 4 (``The Commission's
video description and emergency information requirements are
appropriately limited to the MVPD's traditional programming offered
within the home, and that qualifies as linear video programming
under Part 79.1 of the Commission's rules.''); ESA Reply at 3 (``The
CVAA imposes emergency information requirements not on the full
range of video programming, but only on that programming intended
for in[hyphen]home reception.'').
\44\ Moreover, we disagree with NCTA's argument that emergency
information is irrelevant to a subscriber outside of his or her
home. See NCTA Comments at 3, n.11.
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15. As mentioned above, we do not apply these rules to over-the-top
services provided by MVPDs at this time. In December 2014, we adopted a
Notice of Proposed Rulemaking proposing to include within the
definition of MVPD certain Internet-based video services.\45\
Specifically, we proposed ``to modernize our interpretation of the term
`multichannel video programming distributor' (`MVPD') by including
within its scope services that make available for purchase, by
subscribers or customers, multiple linear streams of video programming,
regardless of the technology used to distribute the programming.'' \46\
In that NPRM, we specifically sought comment on the application of our
rules pertaining to accessibility of emergency information by persons
with disabilities to Internet-based distributors of video programming
that qualify as MVPDs under the proposed definition.\47\ We conclude,
therefore, that application of the emergency information rules to such
services is better addressed in that proceeding.
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\45\ See MVPD Definition NPRM, para. 1.
\46\ Id.
\47\ Id. at para. 56.
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2. MVPD Obligations
16. We conclude that MVPDs must ensure that any application or
plug-in that they provide to consumers to access linear programming
over the MVPD's network on mobile and other devices is capable of
passing through the aural representation of emergency information
(including the accompanying aural tone) on a secondary audio stream. In
so concluding, we do not change the underlying obligations applicable
to video programming distributors and video programming providers as
set forth in the First Report and Order. In the First Report and Order,
the Commission concluded that the video programming distributor or
video programming provider that creates visual emergency information
content and adds it to the programming stream is responsible for
providing an aural representation of the information on a secondary
audio stream, accompanied by an aural tone.\48\ The Commission also
found that video programming distributors are responsible for ensuring
that the aural representation of the emergency information and the
accompanying aural tone get passed through to consumers.\49\ NCTA
asserts that ``the Further Notice appears to contemplate an additional
requirement that operators `mak[e] the emergency information audible on
a secondary audio stream' on devices that they do not control,'' which,
they argue, goes
[[Page 39703]]
beyond the requirement to ensure that aural emergency information gets
passed through to consumers.\50\ We agree that, consistent with the
responsibilities set forth in the current rule, to the extent MVPDs do
not originate visual emergency information that is added to the
programming stream, they are not responsible for providing an aural
representation of the information on a secondary audio stream.\51\
MVPDs are responsible for ensuring that the aural representation of
emergency information on the secondary audio stream gets passed through
to consumers, and we find that this obligation applies if the MVPD
permits the consumer to view linear programming on mobile and other
devices over the MVPD's network as part of its MVPD services.
---------------------------------------------------------------------------
\48\ First Report and Order, para. 36; 47 CFR 79.2(b)(2)(ii). In
addition, both video programming distributors and video programming
providers are responsible for ensuring that aural emergency
information supersedes all other programming on the secondary audio
stream, with each entity responsible only for its own actions or
omissions in this regard. First Report and Order, para. 36; 47 CFR
79.2(b)(5).
\49\ First Report and Order, para. 36; 47 CFR 79.2(b)(2)(ii).
\50\ NCTA Comments at 3-4 (citation omitted).
\51\ Although NCTA argues that ``[c]able operators do not
originate the type of `emergency information' addressed by the
Commission's new rule,'' but ``simply pass along the aural emergency
information contained in a secondary audio stream that is created by
the originator of that information,'' NCTA Comments at 4, we
reiterate our position ``that to the extent an MVPD does create a
crawl or other visual graphic conveying local emergency information
as defined in Section 79.2 and embeds it in non-newscast
programming, it should also be responsible for making the visual
emergency information aurally accessible.'' First Report and Order,
n.38.
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3. Apparatus Manufacturer Obligations
17. We also sought comment in the Further Notice as to whether
apparatus manufacturers covered by section 203 of the CVAA should be
required to ensure that tablets, laptops, personal computers,
smartphones, and similar devices are capable of receiving the secondary
audio stream.\52\ As part of this inquiry, we asked whether apparatus
manufacturers should be solely responsible for making emergency
information accessible on these types of devices, or whether both the
MVPD and the manufacturer have a role in facilitating the provision of
the secondary audio stream on such devices.\53\ Consumer electronics
industry commenters argue that manufacturers should not be subject to
compliance obligations because apparatus have no control over the audio
functionality of MVPD applications and technologies used to distribute
linear programming on mobile and other devices.\54\ For example, CTIA-
The Wireless Association (``CTIA'') explains that mobile device
manufacturers have no control over the development or installation of
MVPD applications, and once an MVPD application is installed on a
mobile device, the application controls the audio capabilities, i.e.,
whether there are multiple audio streams and which audio stream is
heard by the user.\55\ According to CTIA, ``the mobile device simply
supports the general audio functionality of the device, so that it will
play whatever audio stream the app itself provides.'' \56\ Likewise,
CEA contends that if an MVPD application is capable of delivering and
switching between more than one audio stream for linear programming,
the device generally will play the audio stream delivered by the
application.\57\
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\52\ Further Notice, para. 3.
\53\ Id.
\54\ See Comments of CTIA-The Wireless Association, MB Docket
Nos. 12-107, 11-43, at 2, 5-6 (``CTIA Comments''); CEA Comments at
10-11; TIA Comments at 4-5; ITIC Reply at 5; Letter from Julie M.
Kearney, Vice President, Regulatory Affairs, CEA, to Marlene H.
Dortch, Secretary, FCC, at 2 (Mar. 28, 2014) (``CEA Mar. 28, 2014 Ex
Parte Letter''). See also Wireless RERC Reply at 5 (agreeing with
TIA and CTIA that the responsibility for accessible emergency
information on mobile and other devices lies with MVPDs because they
are providing the video programming via an application or Web site,
and ``thus the mobile device in this case is serving as a
conduit'').
\55\ CTIA Comments at 5.
\56\ Id.
\57\ CEA Mar. 28, 2014 Ex Parte Letter at 1-2.
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18. Based on the record, we do not impose compliance obligations on
the manufacturers of apparatus covered by section 203 of the CVAA with
regard to ensuring that any application or plug-in that MVPDs provide
to consumers to access linear programming on mobile and other devices
is capable of passing through audible emergency information on a
secondary audio stream. The record demonstrates that such entities
typically do not control either the applications or technologies in
question or the ability of consumers to select and receive the
secondary audio stream for MVPD-provided linear programming on mobile
and other devices. We believe that the responsibility for passing
through the aural representation of emergency information in the
secondary audio stream properly lies with MVPDs. However, to the extent
MVPD applications or other technologies have been designed and
developed to work on a specific type of device or platform, we expect
that users will be able to hear the secondary audio stream in an MVPD
application through the native audio functionality of the device, as
professed by industry commenters. We may impose obligations on
manufacturers in the future if we find that the apparatus itself does
not make a secondary audio stream with audible emergency information
from an MVPD application available to the apparatus user or otherwise
impedes the ability of a user to hear the secondary audio stream.\58\
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\58\ See ESA Reply at 4 (``If . . . the Commission were to
impose emergency information requirements on IP-delivered linear
video programming within the home, any responsibility on devices
should be limited to a `do not block' or `do no harm'
requirement.''). See also Wireless RERC Reply at 5 (``[I]f mobile
device manufacture[r]s at any point incorporate the ability to tune
into linear programming via a chip or other built-in modification
(via software, hardware or firmware) or an app that is `integrated
into a mobile device by the manufacturer,' then the device
manufacturer should be responsible for ensuring the provision of
accessible emergency information.'') (citation omitted).
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4. Compliance Deadline
19. We adopt a compliance deadline of two years after publication
of the Second Report and Order in the Federal Register. NCTA requests
that the Commission provide MVPDs at least two years after adoption of
new requirements to come into compliance because of the technical
challenges involved.\59\ NCTA explains that passing through a secondary
audio stream to mobile and other devices in the home is ``a different,
more complex, and more costly matter'' than passing a secondary audio
stream through to a television set.\60\ According to NCTA, ``cable
operators generally just pass through the primary audio stream to
operator-provided apps,'' and thus, ``operators would have to acquire
additional equipment and encoding to support the pass through of an
additional audio stream in IP,'' and ``operators may need to provide
audio enhancements to many different apps created to serve a
multiplicity of devices in the home.'' \61\ Given these challenges,
NCTA asks for sufficient time to allow operators to support the
capability for a secondary audio stream on these devices going
forward.\62\ DIRECTV states that developing the technological ecosystem
to support a secondary audio stream for emergency information in the IP
context ``would be a massive undertaking'' because linear programming
delivered via IP does not currently include this capability, the
equipment used to view such programming does not currently support it,
and adding additional data to
[[Page 39704]]
the video stream would further congest strained broadband
capabilities.\63\
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\59\ NCTA Comments at 5. See also CEA Comments at 9 (arguing
that a two-year period would be consistent with deadlines the
Commission has adopted in other CVAA proceedings); ESA Reply at 4
(suggesting that ``any deadline should be subject to industry
development of appropriate technical standards, with a subsequent
phase-in period of at least two years after adoption of such
standard to address any complicated handoffs of other technical and
business challenges'').
\60\ NCTA Comments at 4-5.
\61\ Id. at 5. See also NCTA Apr. 4, 2014 Ex Parte Letter at 1-
2.
\62\ NCTA Apr. 4, 2014 Ex Parte Letter at 2.
\63\ DIRECTV Comments at 7. See also NAB Reply at 3.
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20. Although we acknowledge that today MVPDs typically pass through
a single audio stream in the IP context,\64\ the record also
demonstrates that at least some MVPDs are already able to use a
secondary audio stream to deliver emergency information when they
provide linear programming on mobile and other devices. Notably,
Comcast has made investments in infrastructure to enable the secondary
audio stream when it offers its cable services through its Xfinity
applications, and, currently, ``Comcast customers can access the
secondary audio stream via the Xfinity user interface on a number of
third-party devices.'' \65\ Further, Cablevision customers currently
can access the secondary audio stream when using Cablevision's Optimum
application on a laptop or personal computer, though not when using
this application on other mobile devices.\66\ Cablevision has already
initiated efforts to transmit the secondary audio stream over the
Optimum application on mobile and other devices, and explains that the
process of implementing this functionality involves further development
of the application, software upgrades, and testing.\67\
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\64\ NCTA Apr. 4, 2014 Ex Parte Letter at 1.
\65\ See Letter from James R. Coltharp, Chief Policy Advisor,
FCC & Regulatory Policy, Comcast Corporation, to Marlene H. Dortch,
Secretary, FCC, at 1 (May 23, 2014).
\66\ See Letter from Tara M. Corvo, Counsel for Cablevision
Systems Corp., to Marlene H. Dortch, Secretary, FCC, at 1 (June 26,
2014).
\67\ Id. In addition, we note that Netflix has begun to include
alternative audio tracks for their programming on Netflix-supported
devices. See Todd Spangler, Netflix Adding Audio Description Tracks
for Visually Impaired, Starting with `Marvel's Daredevil,' Variety
(Apr. 14, 2015), available at https://variety.com/2015/digital/news/netflix-adding-audio-description-tracks-for-visually-impaired-starting-with-marvels-daredevil-1201472372/# (noting that ``the
company is working with studios and other content owners to increase
the amount of audio description across a range of devices including
smart TVs, tablets and smartphones'').
---------------------------------------------------------------------------
21. Based on our review of the record, we conclude that a
compliance deadline of two years after publication of the Second Report
and Order in the Federal Register is reasonable, though we encourage
covered MVPDs to offer this functionality as soon as it is technically
feasible for them to do so. The record shows that MVPDs may need to
take a number of steps to achieve compliance, such as acquiring
additional equipment to support the pass through of the secondary audio
stream for IP and developing or modifying applications to support this
type of audio functionality for a number of devices. We believe that a
two-year period will provide sufficient time for MVPDs to achieve these
steps, along with the requisite testing and implementation, and is
consistent with other timeframes adopted by the Commission for CVAA-
related compliance.\68\
---------------------------------------------------------------------------
\68\ See First Report and Order, para. 37.
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B. Activation Mechanism for Audible Emergency Information on the
Secondary Audio Stream
22. We require manufacturers of apparatus subject to section 79.105
of the Commission's rules \69\ to provide a mechanism that is simple
and easy to use, such as one that is reasonably comparable to a button,
key, or icon, for activating the secondary audio stream for audible
emergency information. We conclude that such a requirement is necessary
to ensure that covered apparatus are capable of making available
emergency information in a manner that is accessible to individuals who
are blind or visually impaired, as mandated by section 203 of the
CVAA.\70\
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\69\ 47 CFR 79.105. Covered apparatus include apparatus that are
designed to receive or play back video programming transmitted
simultaneously with sound that is provided by entities subject to
sections 79.2 and 79.3, are manufactured or imported for use in the
United States, and use a picture screen of any size, subject to
certain exemptions. See id. 79.105(a) through (b).
\70\ 47 U.S.C. 303(u)(1)(C).
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1. Legal and Policy Analysis
23. In the User Interfaces Further Notice, the Commission sought
comment on whether to require manufacturers of apparatus covered by
section 203 of the CVAA to provide access to the secondary audio stream
used for audible emergency information in a simple, straightforward,
and timely manner, such as through a mechanism reasonably comparable to
a button, key, or icon.\71\ Section 303(u)(1)(C) of the Act, as added
by Section 203 of the CVAA, requires that apparatus designed to receive
and play back video programming transmitted simultaneously with sound
``have the capability to decode and make available emergency
information (as that term is defined in section 79.2 of the
Commission's regulations (47 CFR 79.2)) in a manner that is accessible
to individuals who are blind or visually impaired.'' \72\ Further,
section 203 also provides the Commission with authority to ``prescribe
such regulations as are necessary to implement the requirements of
section[] 303(u) . . . of the Communications Act.'' \73\ Pursuant to
these statutory provisions, we find that the Commission has authority
to require that the secondary audio stream--which is used to make
emergency information audible to individuals who are blind or visually
impaired--be made available on covered apparatus in a manner that is
accessible to such individuals.\74\
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\71\ User Interfaces Further Notice, para. 9.
\72\ 47 U.S.C. 303(u)(1)(C).
\73\ Public Law 111-260, sec. 203(d).
\74\ See Reply Comments of the Rehabilitation Engineering
Research Center for Wireless Technologies, MB Docket Nos. 12-108,
12-107, at 8 (Feb. 25, 2014) (``Wireless RERC User Interfaces Reply
Comments''); Reply Comments of the American Foundation for the Blind
and the American Council of the Blind, MB Docket Nos. 12-108, 12-
107, at 2 (Mar. 20, 2014) (``AFB/ACB User Interfaces Reply
Comments'').
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24. As noted above, in the First Report and Order, we required
video programming providers and distributors to use the secondary audio
stream as the means to provide accessible emergency information for
individuals who are blind or visually impaired in accordance with
section 202 of the CVAA. Thus, to implement section 203 of the CVAA, we
required apparatus designed to receive and play back video programming
transmitted simultaneously with sound to decode and make available the
secondary audio stream in a manner that enables consumers to select the
stream used for transmission and delivery of emergency information.\75\
Notably, the Commission was given authority and discretion to
promulgate regulations requiring covered entities to convey emergency
information in a manner accessible to individuals who are blind or
visually impaired. Use of the secondary audio stream to provide audible
emergency information was not mandated by Congress.\76\ For example,
the Commission could have required that visual emergency information be
made audible on the main program audio.\77\ Given broad-based support
from consumers and industry, as well as the recommendation of the
VPAAC, however, the Commission decided that the secondary audio stream
would be the best method to make visual information presented during
non-newscast programming audibly accessible to individuals who are
blind
[[Page 39705]]
or visually impaired. Yet, emergency information presented aurally on
the secondary audio stream is not, as a practical matter, fully
accessible to such individuals unless they are able to promptly switch
to the secondary audio stream to hear the critical details of an
emergency in a timely manner. As the VPAAC concluded, unless blind or
visually impaired consumers are able to more easily control the means
of accessing the secondary audio stream on devices, ``emergency
information present on the secondary audio channel may not be readily
accessible.'' \78\
---------------------------------------------------------------------------
\75\ First Report and Order, para. 50; 47 CFR 79.105(a).
\76\ See 47 U.S.C. 613(g)(1) through (2), 303(u)(1)(C). See also
S. Rep. No. 111-386, at 13 (``The Committee is aware that emergency
alert information is inherently local and time sensitive in nature.
Therefore it is the intention of the Committee that the Commission
have flexibility with respect to applying the requirements of new
section 713(g). . . .''); H.R. Rep. No. 111-563, at 29 (same).
\77\ See VPAAC Second Report: Access to Emergency Information at
8. See also id. at 11-12.
\78\ VPAAC Second Report: Access to Emergency Information at 7-8
(``To obtain emergency information from television programming, many
users with visual disabilities require a greater level of access to
controls on receiving devices than most models of such devices offer
today. . . . [A] blind or visually impaired person will need a
reliable method of accessing the secondary audio feed if emergency
information is to be provided on [this] service.'').
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25. Although the requirements related to the provision of
accessible emergency information on a secondary audio stream have not
yet gone into effect,\79\ the experiences of consumers who use the
secondary audio stream for video description are illustrative in
showing how difficult it is for consumers to access any kind of
programming on the secondary audio stream. Currently, the process for
activating the secondary audio stream is often arduous and time-
consuming.\80\ In the User Interfaces Further Notice, the Commission
observed that individuals who are blind or visually impaired have
experienced difficulty with accessing the secondary audio stream
because the mechanism for switching to the secondary audio stream from
the main program audio is buried in several layers of on-screen
menus.\81\ Likewise, in a CVAA-required report to Congress on video
description, the Commission noted that numerous individual commenters
who are blind or visually impaired contend that activating the
secondary audio stream on televisions and set-top boxes is challenging,
and sometimes impossible for individuals who are blind or visually
impaired, due to the complexities of navigating through multiple on-
screen menus to select this feature.\82\ While it is important that
consumers who are blind or visually impaired are able to access the
secondary audio stream for video description services, it is even more
critical that consumers who are blind or visually impaired are able to
access the secondary audio stream for audible emergency information,
and that they are able to do so in a timely manner.\83\ In an emergency
situation, every second counts. Thus, to ensure that emergency
information is made readily accessible, we conclude that individuals
who are blind or visually impaired must be able to activate the
secondary audio stream in a simple and easy to use manner.
---------------------------------------------------------------------------
\79\ Compliance with the accessible emergency information rules
adopted in the First Report and Order is required by May 26, 2015,
subject to certain exceptions. See 47 CFR 79.2(b)(2)(ii), 79.105(a),
79.106(a). See also First Report and Order, paras. 37-45, paras. 76-
77.
\80\ See AFB/ACB User Interfaces Reply Comments at 2 (noting
that AFB, ACB, and individual consumers ``have commented on the
current difficulty, and frequently virtual impossibility, of
locating [video] description controls and turning [video]
description on''); Video Description: Implementation of the Twenty-
First Century Communications and Video Accessibility Act of 2010, MB
Docket No. 11-43, Report to Congress, DA 14-945, para. 32, nn.102-05
(MB rel. Jun. 30, 2014) (``Video Description Report to Congress'').
\81\ User Interfaces Further Notice, para. 9.
\82\ Video Description Report to Congress, para. 32.
\83\ See VPAAC Second Report: Access to Emergency Information at
7 (``The effective use of video description by the blind or visually
impaired for any purpose requires convenient, reliable and readily
available access to the video description service [on the secondary
audio stream]. If this service is to convey emergency information,
the convenience of such access is all the more important.'').
---------------------------------------------------------------------------
26. Requiring a simple and easy to use mechanism for activating the
secondary audio stream for emergency information will provide a
substantial benefit for consumers who are blind or visually impaired by
providing an easy and quick method to switch to the secondary audio
stream to hear critical emergency information. According to AFB and
ACB, ``the importance of a streamlined and obvious means for accessing
emergency information is indispensable,'' given that the information
being accessed ``may very well save lives.'' \84\ Indeed, as the
Commission has consistently recognized, ``providing all viewers with
accurate information regarding emergencies is of great importance.''
\85\ Emergency information is of unique significance given its
potential impact on public safety, and it is essential that persons
with disabilities have access to the same time-sensitive emergency
information to which other viewers have access. Our emergency
information requirements, including the activation mechanism
requirement we adopt here, will ensure that critical information that
is conveyed on television to further the protection of life, health,
safety, and property in an emergency is available to every viewer in a
timely manner, including persons with visual disabilities.
---------------------------------------------------------------------------
\84\ AFB/ACB User Interfaces Reply Comments at 2. See also
Wireless RERC User Interfaces Reply Comments at 9 (strongly urging
the Commission to adopt a requirement for a mechanism reasonably
comparable to a button, key, or icon for accessing the secondary
audio stream for audible emergency information because ``[t]his can
be a life and death scenario where people with vision disabilities
would miss information that affects their immediate safety'').
\85\ Implementation of Section 305 of the Telecommunications Act
of 1996, Closed Captioning and Video Description of Video
Programming: Accessibility of Emergency Programming, MM Docket No.
95-176, Second Report and Order, FCC 00-136, 65 FR 26757 (2000).
---------------------------------------------------------------------------
27. We find that requiring the provision of a simple and easy to
use activation mechanism for audible emergency information on the
secondary audio stream is necessary to fulfill the statute's mandate
that emergency information be made accessible to individuals who are
blind or visually impaired. This is particularly true given the time-
sensitive nature of emergency information. At the same time, however,
we believe it is important that the industry has flexibility in
choosing the precise means for activating the secondary audio
stream.\86\ Accordingly, we do not mandate a particular means of
compliance. For example, we note that the VPAAC stated that covered
entities could provide a dedicated button on a remote control to
activate the secondary audio stream, a mechanism it singled out as
useful.\87\ However, we believe the better path is to give industry the
flexibility to develop simple and easy to use activation methods,
similar to the approach we adopted to implement the requirements of
sections 204 and 205 of the CVAA.\88\ Some industry commenters have
indicated that they have already begun developing innovative approaches
to comply with the activation mechanism rules adopted in the User
Interfaces Order. For example, NCTA states that activation methods now
in development include programmable buttons on remote controls and that
voice and gesture controls will likely be offered in addition to these
methods.\89\
---------------------------------------------------------------------------
\86\ See User Interfaces Order, para. 81 (stating that the
requirement to provide an activation mechanism reasonably comparable
to a button, key, or icon ``is consistent with Congress's intent `to
ensure ready access to [closed captioning and video description]
features by persons with disabilities,' while still giving covered
entities the flexibility contemplated by the statute'').
\87\ See VPAAC Second Report: Access to Emergency Information at
8-9 (``In the event that . . . the crawl or scroll is made auditory
in the secondary audio channel, several other methods could possibly
be used to assist visually impaired consumers in gaining access to
this audio service. For example, physical buttons on the remote
control may help individuals with visual disabilities enable the
second audio channel.'').
\88\ User Interfaces Order, para. 81.
\89\ See National Cable & Telecommunications Association,
Opposition to Petition for Reconsideration, MB Docket Nos. 12-108,
12-07, at 7 (filed Feb. 18, 2014). See also Letter from James R.
Coltharp, Chief Policy Advisor, FCC & Regulatory Policy, Comcast
Corporation, to Marlene H. Dortch, Secretary, FCC, at 1 (Mar. 20,
2015) (detailing a demonstration of how consumers can activate and
use the talking guide, closed captioning, and video description on
Comcast's X1 platform).
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[[Page 39706]]
28. Industry commenters raise a number of legal arguments as to why
they believe the Commission should not require an activation mechanism
for audible emergency information on section 203 apparatus, but we find
each of them to be unpersuasive. As we explain below, we require
covered entities to provide a simple and easy to use activation
mechanism and find that a mechanism reasonably comparable to a button,
key, or icon would satisfy this standard. We disagree with commenters
who contend that the Commission should not require covered entities to
provide a simple means for accessing the secondary audio stream for
emergency information because section 203 does not contain such a
mandate.\90\ As explained above, section 303(u)(1)(C) of the Act
requires generally that covered apparatus have the capability to make
available emergency information in an accessible manner, and section
203 of the CVAA grants the Commission authority to adopt regulations
that are necessary to implement this requirement.\91\ Thus, the
Commission has latitude to adopt requirements that will ensure that
emergency information is made available in an accessible manner.
---------------------------------------------------------------------------
\90\ Comments of the Consumer Electronics Association, MB Docket
Nos. 12-108, 12-107, at 8 (Feb. 18, 2014) (``CEA User Interfaces
Comments''). See also Comments of DISH Network L.L.C. and EchoStar
Technologies L.L.C., MB Docket Nos. 12-108, 12-107, at 6 (Feb. 18,
2014) (``DISH/EchoStar User Interfaces Comments'') (``The absence of
a `reasonably comparable' mechanism requirement in Section 203
precludes the Commission from imposing such a requirement in that
context.''); Reply Comments of the Consumer Electronics Association,
MB Docket Nos. 12-108, 12-107, at 5 (Mar. 20, 2014) (``CEA User
Interfaces Reply Comments'').
\91\ 47 U.S.C. 303(u)(1)(C); Public Law 111-260, sec. 203(d).
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29. For similar reasons, we reject industry commenters' argument
that the Commission has no authority to require an activation mechanism
for audible emergency information because Congress specifically
required an activation mechanism reasonably comparable to a button,
key, or icon in sections 204 and 205 of the CVAA, but not in section
203 of the CVAA.\92\ CEA opines that ``[i]f Congress had meant for such
a specific requirement to apply to emergency information, it surely
would have said so in section 203.'' \93\ However, this argument also
fails to recognize that Congress gave the Commission authority to
identify methods to convey emergency information in a manner accessible
to individuals who are blind or visually impaired, and to promulgate
regulations (i) requiring covered video programming providers and
distributors to convey emergency information in an accessible manner,
and (ii) requiring covered apparatus to have the capability to make
emergency information available in an accessible manner.\94\ In other
words, as discussed above, when Congress enacted the CVAA, it did not
specify the particular requirements for making emergency information
available in a manner accessible to individuals who are blind or
visually impaired. Rather, it gave the Commission authority and
discretion to adopt implementing regulations. Moreover, as Congress did
not specify in the statute that covered entities must use a secondary
audio stream to convey audible emergency information to individuals who
are blind or visually impaired, there was no reason for Congress to
mandate a simple and easy to use mechanism to access that stream.
Indeed, had the Commission chosen instead to implement section 203 by
requiring all emergency information to be audible on the primary audio
stream, there would have been no need for an activation mechanism for
the secondary audio stream that is reasonably comparable to a button,
key, or icon. Thus, even though the ``reasonably comparable to a
button, key, or icon'' language is included in other sections of the
CVAA, we do not believe its omission from section 203 is indicative of
Congress' intent to bar the Commission from requiring an activation
mechanism in the emergency information context. We find this argument
fails to recognize the rulemaking authority Congress granted the
Commission in section 203 to ensure that covered apparatus have the
capability to make available emergency information in an accessible
manner. As explained above, the record demonstrates that such a
mechanism is necessary to carry out the statutory directive.\95\
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\92\ See CEA User Interfaces Comments at 9; DISH/EchoStar User
Interfaces Comments at 5-7; Comments of the National Cable &
Telecommunications Association, MB Docket Nos. 12-108, 12-107, at 6
(Feb. 18, 2014) (``NCTA User Interfaces Comments'').
\93\ CEA User Interfaces Comments at 9. See also DISH/EchoStar
User Interfaces Comments at 6 (``If Congress had intended for the
Commission to require that access to the secondary audio stream for
audible emergency information on apparatus covered by section 203 be
available via a mechanism `reasonably comparable to a button, key,
or icon,' or any other specified mechanism, Congress would have
stated so.''); NCTA User Interfaces Comments at 6 (noting that
section 205 specifically references a mechanism for activating
closed captioning, but ``section 203 . . . does not reference a
mechanism at all. Under these circumstances, no additional authority
to impose such a requirement can be inferred.''); CEA User
Interfaces Reply Comments at 6. See also Letter from Diane B.
Burstein, Vice President and Deputy General Counsel, NCTA, to
Marlene H. Dortch, Secretary, FCC, at 1 (Feb. 18, 2015) (``NCTA Feb.
18, 2015 Ex Parte Letter'').
\94\ See 47 U.S.C. 613(g)(1) through (2), 303(u)(1)(C).
\95\ Commissioner Pai dissents ``from the requirement that
manufacturers of televisions, set-top boxes, and other covered
devices include in those apparatuses a mechanism for activating the
secondary audio stream for emergency information that is reasonably
comparable to a button, key, or icon.'' He objects to what he
describes as importing into the rules implementing section 203 of
the CVAA specific mandates set forth in sections 204 and 205 of the
CVAA. See Statement of Commissioner Ajit Pai, Approving in Part and
Dissenting in Part. The rule we adopt today, however, does no such
thing. Rather, it requires only that ``all apparatus subject to this
section must provide a simple and easy to use mechanism for
activating the secondary audio stream for audible emergency
information.'' See 47 CFR 79.105(d). While the dissent distinguishes
between ``the capabilities that devices must have'' and ``the means
of activating those capabilities,'' id., the Commission finds that
distinction artificial. In directing the Commission to ensure that
covered apparatus ``have the capability to decode and make available
emergency information . . . in a manner that is accessible to
individuals who are blind or visually impaired,'' the majority does
not believe that Congress intended that such apparatus have
capabilities such as an audio stream of emergency information that
are impossible for individuals who are blind or vision impaired to
activate quickly when they are needed--in an emergency. Such a
distinction would be self-defeating. As discussed in the order, the
statutory directive that the Commission adopt rules ensuring that
emergency information is accessible to individuals who are blind or
visually impaired grants the Commission ample authority for the
rules we adopt today.
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30. NCTA and CEA point out that the Commission adopted rules
pursuant to sections 204 and 205 of the CVAA requiring the
accessibility of appropriate built-in apparatus functions on digital
apparatus and the audible accessibility of on-screen text menus and
guides used for the display or selection of multichannel video
programming on navigation devices for individuals who are blind or
visually impaired.\96\ According to NCTA and CEA, because individuals
who are blind or visually impaired will have audible access to the on-
screen menus used to locate the secondary audio stream, ``no additional
dedicated `mechanism' will be needed for blind or visually impaired
customers to be able to readily locate'' the secondary audio stream for
emergency information.\97\ Although we believe that these new
regulations will make it easier for individuals who are blind or
[[Page 39707]]
visually impaired to access the secondary audio stream for video
description, they will not fully alleviate accessibility issues with
regard to audible emergency information. In particular, if the
activation mechanism for the secondary audio stream is buried in
multiple levels of menus, it will still be a time-consuming process for
individuals who are blind or visually impaired to navigate through
those menus, even if the menus are made audible, and such individuals
will not have ready and immediate access to time-sensitive emergency
information. As AFB and ACB emphasize, ``it is imperative that the
Commission . . . ensure ease of use so that consumers are not
confounded by avoidable technological barriers at the very time when
time is of the essence.'' \98\ We find that, as part of their
obligation to make emergency information available in a manner that is
accessible to individuals who are blind or visually impaired,
manufacturers of covered apparatus must ensure that these individuals
are provided with a mechanism to quickly activate the secondary audio
stream to hear audible emergency information.
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\96\ See NCTA User Interfaces Comments at 7; CEA User Interfaces
Reply Comments at 6.
\97\ Id. See also NCTA Feb. 18, 2015 Ex Parte Letter at 1, n.2
(``We further explained that audibly-accessible guides and menus
will assist blind or visually impaired individuals in locating [the]
secondary audio stream that will contain emergency information as
well as video description.'').
\98\ AFB/ACB User Interfaces Reply Comments at 2.
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2. Apparatus Manufacturer Obligations
31. Manufacturers of apparatus covered by section 79.105 of the
Commission's rules must provide a simple and easy to use mechanism for
activating the secondary audio stream for audible emergency
information.\99\ As described above, to provide some guidance to
industry, we find that providing a mechanism reasonably comparable to a
button, key, or icon--as is required for activating closed captioning
and video description on section 204 digital apparatus, and for
activating closed captioning on section 205 navigation devices--would
comply with the requirement to provide a simple and easy to use
mechanism for activating the secondary audio stream for audible
emergency information. The Commission will consider the simplicity and
ease of use of the mechanism in determining whether the statutory
requirement has been met, i.e., that the covered apparatus has the
capability to make available emergency information in an accessible
manner. Consistent with our approach in the User Interfaces Order,\100\
we will consider examples of compliant mechanisms to include, but not
be limited to, a dedicated button, key, or icon; voice commands;
gestures; and a single step activation from the same location as the
volume controls.\101\ This approach will ensure ready access to the
secondary audio stream by persons who are blind and visually impaired,
while still giving covered manufacturers the flexibility to determine
the appropriate activation mechanism, as long as it is simple and easy
to use in accordance with our rules.
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\99\ We emphasize that manufacturers will need to ensure that
set-top boxes include a simple and easy to use activation mechanism
for emergency information on the secondary audio stream. We seek
comment in the Second Further Notice on whether we should require
MVPDs to provide their customers with set-top boxes that contain the
simple and easy to use activation mechanism for the secondary audio
stream. We also note that manufacturers of televisions and other
digital apparatus covered by section 204 of the CVAA are already
required to provide a mechanism reasonably comparable to a button,
key, or icon for activating the secondary audio stream for video
description by December 20, 2016 and thus, as a practical matter,
they should not need to take additional steps to comply with the
rule we adopt here. See 47 CFR 79.109(a)(2), (c).
\100\ User Interfaces Order, para. 81.
\101\ Id. at para. 81. The Commission is considering a Petition
for Reconsideration filed by the National Association of the Deaf
along with other consumer and academic groups which asks the
Commission to reconsider allowing voice commands as compliant
mechanisms for activating closed captioning, and to reconsider
allowing gestures as compliant mechanisms for activating closed
captioning and video description. See Petition for Reconsideration
of the National Association of the Deaf, Telecommunications for the
Deaf and Hard of Hearing, Inc., Deaf and Hard of Hearing Consumer
Advocacy Network, Association of Late-Deafened Adults, Inc., Hearing
Loss Association of America, California Coalition of Agencies
Serving the Deaf and Hard of Hearing, Cerebral Palsy and Deaf
Organization, and Technology Access Program Gallaudet University, MB
Docket Nos. 12-107, 12-108 (Jan. 20, 2014).
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32. We find that manufacturers are not responsible for providing a
simple and easy to use mechanism to activate the secondary audio stream
for emergency information on third-party MVPD applications and plug-ins
that are downloaded by consumers to view linear programming on mobile
and other devices. As noted above, manufacturers typically do not
control such applications and, in particular, they do not control the
ability of consumers to select and receive the secondary audio stream
for linear programming provided through an MVPD application on mobile
and other devices. In the Second Further Notice, we seek comment on
whether we should impose an obligation on MVPDs to provide a simple and
easy to use activation mechanism for the secondary audio stream to
access emergency information with respect to the applications and plug-
ins they provide to consumers to access linear programming on mobile
and other devices. In the meantime, we strongly encourage MVPDs to
design their applications and plug-ins such in a way that access to the
secondary audio stream is simple and easy to use for individuals who
are blind or visually impaired. In this regard, we urge MVPDs to
consult with the disability community when designing and developing
these features.
33. We note that the provisions for achievability determinations,
purpose-based waivers, and exemptions that apply to devices covered by
Section 79.105 of the Commission's rules will apply equally to the
requirement that covered apparatus provide an activation mechanism that
is simple and easy to use for accessing the secondary audio
stream.\102\ In addition, apparatus designed to receive and play back
video programming transmitted simultaneously with sound must comply
with Section 203 requirements only to the extent they are ``technically
feasible.'' \103\ Thus, we permit covered manufacturers to raise
technical infeasibility as a defense when faced with a complaint
alleging a violation of the apparatus requirements adopted herein, or
to file a request for a ruling under Section 1.41 of the Commission's
rules as to technical feasibility before manufacturing or importing the
product, consistent with our approach in the First Report and
Order.\104\ Although we note that apparatus manufacturers may use
alternate means of compliance with the rules adopted pursuant to
section 203, consistent with our approach in the First Report and
Order,\105\ we believe that few, if any, manufacturers will need to
request an alternate means of compliance with the requirement to make
the secondary audio stream accessible by providing a simple and easy to
use activation mechanism because we do not prescribe the precise means
for compliance.
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\102\ See 47 CFR 79.105(b)(1) through (2) (exempt apparatus),
79.105(b)(3) (achievability), 79.105(b)(4) (purpose-based waivers).
See also First Report and Order, paras. 67-74.
\103\ See 47 U.S.C. 303(u).
\104\ See First Report and Order, para. 66.
\105\ See id. at para. 75; Public Law 111-260, sec. 203(e).
Under this approach, an entity that seeks to use an alternate means
to comply with the apparatus requirements must file a request
pursuant to section 1.41 of the Commission's rules for a
determination that the proposed alternative satisfies the statutory
requirements. See First Report and Order, para. 75 (``We will not
permit an entity to claim in defense to a complaint or enforcement
action that the Commission should determine that the party's actions
were a permissible alternate means of compliance.''). We will
consider such requests on a case-by-case basis. See id.
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3. Compliance Deadline
34. In the User Interfaces Further Notice, the Commission sought
comment on the appropriate time frame
[[Page 39708]]
for requiring covered entities to provide a simple and easy to use
mechanism for accessing the secondary audio stream for audible
emergency information.\106\ The Commission also inquired whether the
deadline should be consistent with the deadline for compliance with
section 203 apparatus requirements that were adopted in the First
Report and Order (May 26, 2015) \107\ or whether device manufacturers
would need additional time to come into compliance.\108\
---------------------------------------------------------------------------
\106\ User Interfaces Further Notice, para. 11.
\107\ 47 CFR 79.105(a).
\108\ User Interfaces Further Notice, para. 11.
---------------------------------------------------------------------------
35. The Wireless RERC, the only party to comment on this issue,
argues that the deadline for a requirement to provide a simple and easy
to use mechanism for accessing the secondary audio stream for audible
emergency information should be consistent with the deadlines for
apparatus that the Commission adopted in the First Report and
Order.\109\ The Wireless RERC strongly recommends that the Commission
not go beyond the deadlines adopted in that Order because delays in
implementation of the new requirements could place persons who are
blind or visually impaired in a potentially ``perilous position[ ].''
\110\ Further, the Wireless RERC asserts that any extensions of the
deadline or waivers of the newly adopted regulations ``should be
granted very judiciously.'' \111\
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\109\ See Wireless RERC User Interfaces Reply Comments at 10.
\110\ Id.
\111\ Id.
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36. We conclude that it is reasonable to apply the same compliance
deadline that we adopted in the User Interfaces Order for digital
apparatus and navigation devices to comply with the accessible user
interfaces rules, including the requirement to provide an activation
mechanism reasonably comparable to a button, key, or icon for certain
accessibility features, to the requirement adopted here. Thus,
consistent with the deadline in section 79.109(c) of our rules, covered
manufacturers must provide a simple and easy to use mechanism for
accessing the secondary audio stream for audible emergency information
no later than December 20, 2016.\112\ Although apparatus manufacturers
were silent in the record with regard to this issue, we believe that
they will need some time for the design, testing, and implementation of
a simple and easy to use activation mechanism for the secondary audio
stream on covered apparatus. We believe that making the deadline
consistent with that imposed in the User Interfaces Order will provide
sufficient time for apparatus manufacturers to achieve these steps. In
addition, we find that requiring manufacturers of such devices to
incorporate the required accessibility features at the same time will
ensure that the devices are updated on a uniform timetable. Such a
uniform timeframe will prevent any consumer confusion as to the
capabilities of their devices.\113\
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\112\ 47 CFR 79.109(c).
\113\ This will also reduce any consumer confusion that could
arise from different deadlines relating to access to the secondary
audio stream applying depending upon whether a particular device is
covered by Section 203, 204, or 205 of the CVAA. We find that
Wireless RERC's proposed timeframe of May 26, 2015 has been rendered
moot by the passage of time.
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IV. Procedural Matters
A. Final Regulatory Flexibility Act
37. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA''),\114\ an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated into each of the Further Notices of
Proposed Rulemaking (``-NPRM'') in this proceeding.\115\ The Federal
Communications Commission (``Commission'') sought written public
comment on the proposals in the Further Notices, including comment on
the IRFA. The Commission received no comments on the IRFA. This present
Final Regulatory Flexibility Analysis (``FRFA'') conforms to the
RFA.\116\
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\114\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (``SBREFA''), Public Law 104-121, Title II, 110 Stat.
857 (1996). The SBREFA was enacted as Title II of the Contract with
America Advancement Act of 1996 (``CWAAA'').
\115\ See Further Notice, para. 9; User Interfaces Further
Notice, para. 17.
\116\ See 5 U.S.C. 604.
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1. Need for, and Objectives of, the Second Report and Order
38. In the Second Report and Order, we take additional steps under
the authority of sections 202 and 203 of the CVAA \117\ to make
emergency information in video programming accessible to individuals
who are blind or visually impaired.
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\117\ Twenty-First Century Communications and Video
Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751
(2010); Amendment of Twenty-First Century Communications and Video
Accessibility Act of 2010, Public Law 111-265, 124 Stat. 2795 (2010)
(making technical corrections to the CVAA).
---------------------------------------------------------------------------
39. First, the Second Report and Order concludes that multichannel
video programming distributors (``MVPDs'') must pass through a
secondary audio stream containing audible emergency information in
accordance with section 79.2 of the Commission's rules \118\ when they
permit consumers to access linear programming on tablets, smartphones,
laptops, and similar devices over the MVPD's network as part of their
MVPD services. Increasingly, Americans are utilizing a wide range of
devices in addition to the television to view video programming, and a
number of MVPDs now allow customers to view linear programming on
second screen devices using applications or other technologies. The
conclusion we make in the Second Report and Order ensures that
individuals who are blind or visually impaired will be provided with
accessible emergency information when they are watching linear
programming over the MVPD's network as part of their MVPD services,
regardless of whether they are viewing the programming on their
television or on their tablet, smartphone, or similar device.
---------------------------------------------------------------------------
\118\ 47 CFR 79.2.
---------------------------------------------------------------------------
40. Second, the Second Report and Order requires manufacturers of
apparatus subject to Section 79.105 of the Commission's rules \119\ to
provide a mechanism that is simple and easy to use for activating the
secondary audio stream to access audible emergency information.
Individuals who are blind or visually impaired should not have to
navigate through multiple levels of menus or take other time-consuming
actions to activate the secondary audio stream when they hear the aural
tone signaling that emergency information is being provided visually on
the screen. In emergency situations, every second counts. Thus, we
believe that in order for emergency information to be made fully
accessible to individuals who are blind or visually impaired in
accordance with Section 203 of the CVAA, manufacturers of covered
apparatus must ensure that such individuals have a simple, easy to use
mechanism to activate the secondary audio stream in order to hear
emergency information.
---------------------------------------------------------------------------
\119\ 47 CFR 79.105.
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2. Summary of Significant Issues Raised By Public Comments in Response
to the IRFA
41. No public comments were filed in response to the IRFA.
42. Pursuant to the Small Business Jobs Act of 2010, the Commission
is required to respond to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration (SBA), and to provide a
detailed statement of any change made to the proposed rules as a result
of those
[[Page 39709]]
comments. The Chief Counsel did not file any comments in response to
the proposed rules in this proceeding.
3. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
43. The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the rules adopted in the Second Report and Order.\120\
The RFA generally defines the term ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' \121\ In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act.\122\ A ``small business
concern'' is one which: (1) Is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the SBA.\123\ Small entities that
are directly affected by the rules adopted in the Second Report and
Order include MVPDs and manufacturers of apparatus covered by Section
79.105 of the Commission's rules.
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\120\ 5 U.S.C. 603(b)(3).
\121\ Id. 601(6).
\122\ Id. 601(3) (incorporating by reference the definition of
``small-business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\123\ 15 U.S.C. 632.
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44. Cable Television Distribution Services. Since 2007, these
services have been defined within the broad economic census category of
Wired Telecommunications Carriers, which was developed for small
wireline businesses. This category is defined as follows: ``This
industry comprises establishments primarily engaged in operating and/or
providing access to transmission facilities and infrastructure that
they own and/or lease for the transmission of voice, data, text, sound,
and video using wired telecommunications networks. Transmission
facilities may be based on a single technology or a combination of
technologies. Establishments in this industry use the wired
telecommunications network facilities that they operate to provide a
variety of services, such as wired telephony services, including VoIP
services; wired (cable) audio and video programming distribution; and
wired broadband Internet services.'' \124\ The SBA has developed a
small business size standard for this category, which is: All such
businesses having 1,500 or fewer employees.\125\ Census data for 2007
shows that there were 31,996 establishments that operated that
year.\126\ Of this total, 30,178 establishments had fewer than 100
employees, and 1,818 establishments had 100 or more employees.\127\
Therefore, under this size standard, we estimate that the majority of
businesses can be considered small entities.
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\124\ U.S. Census Bureau, 2012 NAICS Definitions, ``517110 Wired
Telecommunications Carriers'' (partial definition) at https://www.census.gov/cgi-bin/sssd/naics/naicsrch. Examples of this
category are: Broadband Internet service providers (e.g., cable,
DSL); local telephone carriers (wired); cable television
distribution services; long-distance telephone carriers (wired);
closed circuit television (``CCTV'') services; VoIP service
providers, using own operated wired telecommunications
infrastructure; direct-to-home satellite system (``DTH'') services;
telecommunications carriers (wired); satellite television
distribution systems; and multichannel multipoint distribution
services (``MMDS'').
\125\ 13 CFR 121.201; 2012 NAICS code 517110.
\126\ U.S. Census Bureau, 2007 Economic Census. See U.S. Census
Bureau, American FactFinder, ``Information: Subject Series--Estab
and Firm Size: Employment Size of Establishments for the United
States: 2007--2007 Economic Census,'' NAICS code 517110, Table
EC0751SSSZ2; available at https://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml.
\127\ Id.
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45. Cable Companies and Systems. The Commission has also developed
its own small business size standards for the purpose of cable rate
regulation. Under the Commission's rules, a ``small cable company'' is
one serving 400,000 or fewer subscribers nationwide.\128\ Industry data
shows that there were 1,141 cable companies at the end of June
2012.\129\ Of this total, all but 10 incumbent cable companies are
small under this size standard.\130\ In addition, under the
Commission's rate regulation rules, a ``small system'' is a cable
system serving 15,000 or fewer subscribers.\131\ Current Commission
records show 4,945 cable systems nationwide.\132\ Of this total, 4,380
cable systems have less than 20,000 subscribers, and 565 systems have
20,000 subscribers or more, based on the same records. Thus, under this
standard, we estimate that most cable systems are small.
---------------------------------------------------------------------------
\128\ 47 CFR 76.901(e). The Commission determined that this size
standard equates approximately to a size standard of $100 million or
less in annual revenues. Implementation of Sections of the Cable
Television Consumer Protection And Competition Act of 1992: Rate
Regulation, MM Docket No. 92-266, MM Docket No. 93-215, Sixth Report
and Order and Eleventh Order on Reconsideration, FCC 95-196, 60 FR
35854 (1995).
\129\ NCTA, Industry Data, Number of Cable Operating Companies
(June 2012), https://www.ncta.com/Statistics.aspx (visited Sept. 28,
2012). Depending upon the number of homes and the size of the
geographic area served, cable operators use one or more cable
systems to provide video service. See Annual Assessment of the
Status of Competition in the Market for Delivery of Video
Programming, MB Docket No. 12-203, Fifteenth Report, FCC 13-99 at
para. 24 (rel. July 22, 2013) (``15th Annual Competition Report'').
\130\ See SNL Kagan, ``Top Cable MSOs--12/12 Q''; available at
https://www.snl.com/InteractiveX/TopCableMSOs.aspx?period=2012Q4&sortcol=subscribersbasic&sortorder=desc. We note that, when applied to an MVPD operator, under this size
standard (i.e., 400,000 or fewer subscribers) all but 14 MVPD
operators would be considered small. See NCTA, Industry Data, Top 25
Multichannel Video Service Customers (2012), https://www.ncta.com/industry-data (visited Aug. 30, 2013). The Commission applied this
size standard to MVPD operators in its implementation of the CALM
Act. See Implementation of the Commercial Advertisement Loudness
Mitigation (CALM) Act, MB Docket No. 11-93, Report and Order, FCC
11-182, 77 FR 40276, para. 37 (2011) (``CALM Act Report and Order'')
(defining a smaller MVPD operator as one serving 400,000 or fewer
subscribers nationwide, as of December 31, 2011).
\131\ 47 CFR 76.901(c).
\132\ The number of active, registered cable systems comes from
the Commission's Cable Operations and Licensing System (COALS)
database on Aug. 28, 2013. A cable system is a physical system
integrated to a principal headend.
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46. Cable System Operators (Telecom Act Standard). The
Communications Act of 1934, as amended, also contains a size standard
for small cable system operators, which is ``a cable operator that,
directly or through an affiliate, serves in the aggregate fewer than 1
percent of all subscribers in the United States and is not affiliated
with any entity or entities whose gross annual revenues in the
aggregate exceed $250,000,000.'' \133\ There are approximately 56.4
million incumbent cable video subscribers in the United States
today.\134\ Accordingly, an operator serving fewer than 564,000
subscribers shall be deemed a small operator, if its annual revenues,
when combined with the total annual revenues of all its affiliates, do
not exceed $250 million in the aggregate.\135\ Based on available data,
we find that all but 10 incumbent cable operators are small under this
size standard.\136\ We note that the Commission neither requests nor
collects information on whether cable system operators are affiliated
with entities whose gross annual revenues exceed $250
[[Page 39710]]
million.\137\ Although it seems certain that some of these cable system
operators are affiliated with entities whose gross annual revenues
exceed $250,000,000, we are unable at this time to estimate with
greater precision the number of cable system operators that would
qualify as small cable operators under the definition in the
Communications Act.
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\133\ 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & nn. 1-3.
\134\ See NCTA, Industry Data, Cable Video Customers (2012),
https://www.ncta.com/industry-data (visited Aug. 30, 2013).
\135\ 47 CFR 76.901(f); see Public Notice, FCC Announces New
Subscriber Count for the Definition of Small Cable Operator, DA 01-
158 (Cable Services Bureau, Jan. 24, 2001).
\136\ See NCTA, Industry Data, Top 25 Multichannel Video Service
Customers (2012), https://www.ncta.com/industry-data (visited Aug.
30, 2013).
\137\ The Commission does receive such information on a case-by-
case basis if a cable operator appeals a local franchise authority's
finding that the operator does not qualify as a small cable operator
pursuant to 47 CFR 76.901(f).
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47. Direct Broadcast Satellite (DBS) Service. DBS service is a
nationally distributed subscription service that delivers video and
audio programming via satellite to a small parabolic ``dish'' antenna
at the subscriber's location. DBS, by exception, is now included in the
SBA's broad economic census category, Wired Telecommunications
Carriers,\138\ which was developed for small wireline businesses. In
this category, the SBA deems a wired telecommunications carrier to be
small if it has 1,500 or fewer employees.\139\ Census data for 2007
shows 3,188 firms in this category.\140\ Of these 3,188 firms, only 44
had 1,000 or more employees. While we could not find precise Census
data on the number of firms with in the group with 1,500 or fewer
employees, it is clear that at least 3,144 firms with fewer than 1,000
employees would be in that group. Therefore, under this size standard,
the majority of such businesses can be considered small. However, the
data we have available as a basis for estimating the number of such
small entities were gathered under a superseded SBA small business size
standard formerly titled ``Cable and Other Program Distribution.'' The
definition of Cable and Other Program Distribution provided that a
small entity is one with $12.5 million or less in annual receipts.\141\
Currently, only two entities provide DBS service, which requires a
great investment of capital for operation: DIRECTV and DISH
Network.\142\ Each currently offer subscription services. DIRECTV and
DISH Network each report annual revenues that are in excess of the
threshold for a small business. Because DBS service requires
significant capital, we believe it is unlikely that a small entity as
defined by the SBA would have the financial wherewithal to become a DBS
service provider.
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\138\ See 13 CFR 121.201; 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers is defined as follows: ``This
industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single
technology or a combination of technologies. Establishments in this
industry use the wired telecommunications network facilities that
they operate to provide a variety of services, such as wired
telephony services, including VoIP services; wired (cable) audio and
video programming distribution; and wired broadband Internet
services. By exception, establishments providing satellite
television distribution services using facilities and infrastructure
that they operate are included in this industry.'' (Emphasis added
to text relevant to satellite services.) U.S. Census Bureau, 2012
NAICS Definitions, ``517110 Wired Telecommunications Carriers'' at
https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\139\ 13 CFR 121.201; NAICS Code 517110.
\140\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
\141\ 13 CFR 121.201; NAICS code 517510 (2002).
\142\ See 15th Annual Competition Report, at para. 27. As of
June 2012, DIRECTV is the largest DBS operator and the second
largest MVPD in the United States, serving approximately 19.9
million subscribers. DISH Network is the second largest DBS operator
and the third largest MVPD, serving approximately 14.1 million
subscribers. Id. para. 27, 110-11.
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48. Satellite Master Antenna Television (SMATV) Systems, also known
as Private Cable Operators (PCOs). SMATV systems or PCOs are video
distribution facilities that use closed transmission paths without
using any public right-of-way. They acquire video programming and
distribute it via terrestrial wiring in urban and suburban multiple
dwelling units such as apartments and condominiums, and commercial
multiple tenant units such as hotels and office buildings. SMATV
systems or PCOs are now included in the SBA's broad economic census
category, Wired Telecommunications Carriers,\143\ which was developed
for small wireline businesses. In this category, the SBA deems a wired
telecommunications carrier to be small if it has 1,500 or fewer
employees.\144\ Census data for 2007 shows 3,188 firms in this
category.\145\ Of these 3,188 firms, only 44 had 1,000 or more
employees. While we could not find precise Census data on the number of
firms with in the group with 1,500 or fewer employees, it is clear that
at least 3,144 firms with fewer than 1,000 employees would be in that
group. Therefore, under this size standard, the majority of such
businesses can be considered small.
---------------------------------------------------------------------------
\143\ See 13 CFR 121.201; 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers is defined as follows: ``This
industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single
technology or a combination of technologies. Establishments in this
industry use the wired telecommunications network facilities that
they operate to provide a variety of services, such as wired
telephony services, including VoIP services; wired (cable) audio and
video programming distribution; and wired broadband Internet
services. By exception, establishments providing satellite
television distribution services using facilities and infrastructure
that they operate are included in this industry.'' (Emphasis added
to text relevant to satellite services.) U.S. Census Bureau, 2012
NAICS Definitions, ``517110 Wired Telecommunications Carriers'' at
https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\144\ 13 CFR 121.201; NAICS Code 517110.
\145\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
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49. Home Satellite Dish (HSD) Service. HSD or the large dish
segment of the satellite industry is the original satellite-to-home
service offered to consumers, and involves the home reception of
signals transmitted by satellites operating generally in the C-band
frequency. Unlike DBS, which uses small dishes, HSD antennas are
between four and eight feet in diameter and can receive a wide range of
unscrambled (free) programming and scrambled programming purchased from
program packagers that are licensed to facilitate subscribers' receipt
of video programming. Because HSD provides subscription services, HSD
falls within the SBA-recognized definition of Wired Telecommunications
Carriers.\146\ In this category, the SBA deems a wired
telecommunications carrier to be small if it has 1,500 or fewer
employees.\147\ Census data for 2007 shows 3,188 firms in this
category.\148\ Of these 3,188 firms, only 44 had 1,000 or more
employees. While we could not find precise Census data on the number of
firms with in the group with 1,500 or fewer employees, it is clear that
at least 3,144 firms with fewer than 1,000 employees would be in that
group. Therefore, under this size standard, we estimate that the
majority of businesses can be considered small entities.
---------------------------------------------------------------------------
\146\ See 13 CFR 121.201; 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers is defined in part as follows:
``This industry comprises establishments primarily engaged in
operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single
technology or a combination of technologies. Establishments in this
industry use the wired telecommunications network facilities that
they operate to provide a variety of services, such as wired
telephony services, including VoIP services; wired (cable) audio and
video programming distribution; and wired broadband Internet
services.'' U.S. Census Bureau, 2012 NAICS Definitions, ``517110
Wired Telecommunications Carriers'' at https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\147\ 13 CFR 121.201; NAICS Code 517110.
\148\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
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[[Page 39711]]
50. Open Video Services. The open video system (OVS) framework was
established in 1996, and is one of four statutorily recognized options
for the provision of video programming services by local exchange
carriers.\149\ The OVS framework provides opportunities for the
distribution of video programming other than through cable systems.
Because OVS operators provide subscription services,\150\ OVS falls
within the SBA small business size standard covering cable services,
which is Wired Telecommunications Carriers.\151\ In this category, the
SBA deems a wired telecommunications carrier to be small if it has
1,500 or fewer employees.\152\ Census data for 2007 shows 3,188 firms
in this category.\153\ Of these 3,188 firms, only 44 had 1,000 or more
employees. While we could not find precise Census data on the number of
firms with in the group with 1,500 or fewer employees, it is clear that
at least 3,144 firms with fewer than 1,000 employees would be in that
group. Therefore, under this size standard, we estimate that the
majority of businesses can be considered small entities. In addition,
we note that the Commission has certified some OVS operators, with some
now providing service.\154\ Broadband service providers (``BSPs'') are
currently the only significant holders of OVS certifications or local
OVS franchises.\155\ The Commission does not have financial or
employment information regarding the entities authorized to provide
OVS, some of which may not yet be operational. Thus, again, at least
some of the OVS operators may qualify as small entities.
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\149\ 47 U.S.C. 571(a)(3) through (4). See Annual Assessment of
the Status of Competition in the Market for the Delivery of Video
Programming, MB Docket No. 06-189, Thirteenth Annual Report, FCC 07-
206, 74 FR 11102, para. 135 (2009) (``Thirteenth Annual Cable
Competition Report'').
\150\ See 47 U.S.C. 573.
\151\ See 13 CFR 121.201; 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers is defined in part as follows:
``This industry comprises establishments primarily engaged in
operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single
technology or a combination of technologies. Establishments in this
industry use the wired telecommunications network facilities that
they operate to provide a variety of services, such as wired
telephony services, including VoIP services; wired (cable) audio and
video programming distribution; and wired broadband Internet
services.'' U.S. Census Bureau, 2012 NAICS Definitions, ``517110
Wired Telecommunications Carriers'' at https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\152\ 13 CFR 121.201; NAICS Code 517110.
\153\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
\154\ A list of OVS certifications may be found at https://www.fcc.gov/mb/ovs/csovscer.html.
\155\ See Thirteenth Annual Cable Competition Report, para. 135.
BSPs are newer businesses that are building state-of-the-art,
facilities-based networks to provide video, voice, and data services
over a single network.
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51. Wireless cable systems--Broadband Radio Service and Educational
Broadband Service. Wireless cable systems use the Broadband Radio
Service (BRS) \156\ and Educational Broadband Service (EBS) \157\ to
transmit video programming to subscribers. In connection with the 1996
BRS auction, the Commission established a small business size standard
as an entity that had annual average gross revenues of no more than $40
million in the previous three calendar years.\158\ The BRS auctions
resulted in 67 successful bidders obtaining licensing opportunities for
493 Basic Trading Areas (BTAs). Of the 67 auction winners, 61 met the
definition of a small business. BRS also includes licensees of stations
authorized prior to the auction. At this time, we estimate that of the
61 small business BRS auction winners, 48 remain small business
licensees. In addition to the 48 small businesses that hold BTA
authorizations, there are approximately 392 incumbent BRS licensees
that are considered small entities.\159\ After adding the number of
small business auction licensees to the number of incumbent licensees
not already counted, we find that there are currently approximately 440
BRS licensees that are defined as small businesses under either the SBA
or the Commission's rules. In 2009, the Commission conducted Auction
86, the sale of 78 licenses in the BRS areas.\160\ The Commission
offered three levels of bidding credits: (i) A bidder with attributed
average annual gross revenues that exceed $15 million and do not exceed
$40 million for the preceding three years (small business) received a
15 percent discount on its winning bid; (ii) a bidder with attributed
average annual gross revenues that exceed $3 million and do not exceed
$15 million for the preceding three years (very small business)
received a 25 percent discount on its winning bid; and (iii) a bidder
with attributed average annual gross revenues that do not exceed $3
million for the preceding three years (entrepreneur) received a 35
percent discount on its winning bid.\161\ Auction 86 concluded in 2009
with the sale of 61 licenses.\162\ Of the 10 winning bidders, two
bidders that claimed small business status won four licenses; one
bidder that claimed very small business status won three licenses; and
two bidders that claimed entrepreneur status won six licenses.
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\156\ BRS was previously referred to as Multipoint Distribution
Service (MDS) and Multichannel Multipoint Distribution Service
(MMDS). See Amendment of Parts 21 and 74 of the Commission's Rules
with Regard to Filing Procedures in the Multipoint Distribution
Service and in the Instructional Television Fixed Service and
Implementation of Section 309(j) of the Communications Act--
Competitive Bidding, MM Docket No. 94-131, PP Docket No. 93-253,
Report and Order, FCC 95-230, 60 FR 36524, para. 7 (1995).
\157\ EBS was previously referred to as the Instructional
Television Fixed Service (ITFS). See id.
\158\ 47 CFR 21.961(b)(1).
\159\ 47 U.S.C. 309(j). Hundreds of stations were licensed to
incumbent MDS licensees prior to implementation of Section 309(j) of
the Communications Act of 1934, 47 U.S.C. 309(j). For these pre-
auction licenses, the applicable standard is SBA's small business
size standard of 1,500 or fewer employees.
\160\ Auction of Broadband Radio Service (BRS) Licenses,
Scheduled for October 27, 2009, Notice and Filing Requirements,
Minimum Opening Bids, Upfront Payments, and Other Procedures for
Auction 86, Public Notice, DA 09-1376 (WTB rel. Jun. 26, 2009).
\161\ Id. at 8296.
\162\ Auction of Broadband Radio Service Licenses Closes,
Winning Bidders Announced for Auction 86, Down Payments Due November
23, 2009, Final Payments Due December 8, 2009, Ten-Day Petition to
Deny Period, Public Notice, DA 09-2378 (WTB rel. Nov. 6, 2009).
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52. In addition, the SBA's placement of Cable Television
Distribution Services in the category of Wired Telecommunications
Carriers is applicable to cable-based Educational Broadcasting
Services. Since 2007, these services have been defined within the broad
economic census category of Wired Telecommunications Carriers, which
was developed for small wireline businesses. This category is defined
as follows: ``This industry comprises establishments primarily engaged
in operating and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single technology
or a combination of technologies. Establishments in this industry use
the wired telecommunications network facilities that they operate to
provide a variety of services, such as wired telephony services,
including VoIP services; wired (cable) audio and video programming
distribution; and wired broadband Internet services.'' \163\ In this
category,
[[Page 39712]]
the SBA deems a wired telecommunications carrier to be small if it has
1,500 or fewer employees.\164\ Census data for 2007 shows 3,188 firms
in this category.\165\ Of these 3,188 firms, only 44 had 1,000 or more
employees. While we could not find precise Census data on the number of
firms with in the group with 1,500 or fewer employees, it is clear that
at least 3,144 firms with fewer than 1,000 employees would be in that
group. Therefore, under this size standard, we estimate that the
majority of businesses can be considered small entities. In addition to
Census data, the Commission's internal records indicate that as of
September 2012, there are 2,241 active EBS licenses.\166\ The
Commission estimates that of these 2,241 licenses, the majority are
held by non-profit educational institutions and school districts, which
are by statute defined as small businesses.\167\
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\163\ U.S. Census Bureau, 2012 NAICS Definitions, ``517110 Wired
Telecommunications Carriers'' (partial definition) at https://www.census.gov/cgi-bin/sssd/naics/naicsrch. Examples of this
category are: broadband Internet service providers (e.g., cable,
DSL); local telephone carriers (wired); cable television
distribution services; long-distance telephone carriers (wired);
closed circuit television (``CCTV'') services; VoIP service
providers, using own operated wired telecommunications
infrastructure; direct-to-home satellite system (``DTH'') services;
telecommunications carriers (wired); satellite television
distribution systems; and multichannel multipoint distribution
services (``MMDS'').
\164\ 13 CFR 121.201; NAICS Code 517110.
\165\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
\166\ https://wireless2.fcc.gov/UlsApp/UlsSearch/results.jsp.
\167\ The term ``small entity'' within SBREFA applies to small
organizations (non-profits) and to small governmental jurisdictions
(cities, counties, towns, townships, villages, school districts, and
special districts with populations of less than 50,000). 5 U.S.C.
601(4) through (6).
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53. Incumbent Local Exchange Carriers (ILECs). Neither the
Commission nor the SBA has developed a small business size standard
specifically for incumbent local exchange services. ILECs are included
in the SBA's economic census category, Wired Telecommunications
Carriers.\168\ In this category, the SBA deems a wired
telecommunications carrier to be small if it has 1,500 or fewer
employees.\169\ Census data for 2007 shows 3,188 firms in this
category.\170\ Of these 3,188 firms, only 44 had 1,000 or more
employees. While we could not find precise Census data on the number of
firms with in the group with 1,500 or fewer employees, it is clear that
at least 3,144 firms with fewer than 1,000 employees would be in that
group. Therefore, under this size standard, the majority of such
businesses can be considered small.
---------------------------------------------------------------------------
\168\ See 13 CFR 121.201; 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers is defined as follows: ``This
industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single
technology or a combination of technologies. Establishments in this
industry use the wired telecommunications network facilities that
they operate to provide a variety of services, such as wired
telephony services, including VoIP services; wired (cable) audio and
video programming distribution; and wired broadband Internet
services. By exception, establishments providing satellite
television distribution services using facilities and infrastructure
that they operate are included in this industry.'' (Emphasis added
to text relevant to satellite services.) U.S. Census Bureau, 2012
NAICS Definitions, ``517110 Wired Telecommunications Carriers'' at
https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\169\ 13 CFR 121.201; NAICS Code 517110.
\170\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
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54. Small Incumbent Local Exchange Carriers. We have included small
incumbent local exchange carriers in this present RFA analysis. A
``small business'' under the RFA is one that, inter alia, meets the
pertinent small business size standard (e.g., a telephone
communications business having 1,500 or fewer employees), and ``is not
dominant in its field of operation.'' \171\ The SBA's Office of
Advocacy contends that, for RFA purposes, small incumbent local
exchange carriers are not dominant in their field of operation because
any such dominance is not ``national'' in scope.\172\ We have therefore
included small incumbent local exchange carriers in this RFA analysis,
although we emphasize that this RFA action has no effect on Commission
analyses and determinations in other, non-RFA contexts.
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\171\ 15 U.S.C. 632.
\172\ Letter from Jere W. Glover, Chief Counsel for Advocacy,
SBA, to William E. Kennard, Chairman, FCC (May 27, 1999). The Small
Business Act contains a definition of ``small-business concern,''
which the RFA incorporates into its own definition of ``small
business.'' See 15 U.S.C. 632(a) (Small Business Act); 5 U.S.C.
601(3) (RFA). SBA regulations interpret ``small business concern''
to include the concept of dominance on a national basis. See 13 CFR
121.102(b).
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55. Competitive Local Exchange Carriers (CLECs), Competitive Access
Providers (CAPs), Shared-Tenant Service Providers, and Other Local
Service Providers. Neither the Commission nor the SBA has developed a
small business size standard specifically for these service providers.
These entities are included in the SBA's economic census category,
Wired Telecommunications Carriers.\173\ In this category, the SBA deems
a wired telecommunications carrier to be small if it has 1,500 or fewer
employees.\174\ Census data for 2007 shows 3,188 firms in this
category.\175\ Of these 3,188 firms, only 44 had 1,000 or more
employees. While we could not find precise Census data on the number of
firms with in the group with 1,500 or fewer employees, it is clear that
at least 3,144 firms with fewer than 1,000 employees would be in that
group. Therefore, under this size standard, the majority of such
businesses can be considered small.
---------------------------------------------------------------------------
\173\ See 13 CFR 121.201; 2012 NAICS code 517110. This category
of Wired Telecommunications Carriers is defined as follows: ``This
industry comprises establishments primarily engaged in operating
and/or providing access to transmission facilities and
infrastructure that they own and/or lease for the transmission of
voice, data, text, sound, and video using wired telecommunications
networks. Transmission facilities may be based on a single
technology or a combination of technologies. Establishments in this
industry use the wired telecommunications network facilities that
they operate to provide a variety of services, such as wired
telephony services, including VoIP services; wired (cable) audio and
video programming distribution; and wired broadband Internet
services. By exception, establishments providing satellite
television distribution services using facilities and infrastructure
that they operate are included in this industry.'' (Emphasis added
to text relevant to satellite services.) U.S. Census Bureau, 2012
NAICS Definitions, ``517110 Wired Telecommunications Carriers'' at
https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\174\ 13 CFR 121.201; NAICS Code 517110.
\175\ https://factfinder.census.gov/servlet/IBQTable?_bm=y&-geo_id=&-_skip=600&-ds_name=EC0751SSSZ5&-_lang=en.
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56. Radio and Television Broadcasting and Wireless Communications
Equipment Manufacturing. The Census Bureau defines this category as
follows: ``This industry comprises establishments primarily engaged in
manufacturing radio and television broadcast and wireless
communications equipment. Examples of products made by these
establishments are: Transmitting and receiving antennas, cable
television equipment, GPS equipment, pagers, cellular phones, mobile
communications equipment, and radio and television studio and
broadcasting equipment.'' \176\ The SBA has developed a small business
size standard for this category, which is: all such businesses having
750 or fewer employees.\177\ Census data for 2007 shows that there were
939 establishments that operated for part or all of the entire
year.\178\ Of those, 912 operated with fewer than 500 employees, and 27
operated with 500 or
[[Page 39713]]
more employees.\179\ Therefore, under this size standard, the majority
of such establishments can be considered small.
---------------------------------------------------------------------------
\176\ U.S. Census Bureau, 2012 NAICS Definitions, ``334220 Radio
and Television Broadcasting and Wireless Communications Equipment
Manufacturing'' at https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\177\ 13 CFR 121.201; 2012 NAICS code 334220.
\178\ U.S. Census Bureau, 2007 Economic Census. See U.S. Census
Bureau, American FactFinder, ``Manufacturing: Summary Series:
General Summary: Industry Statistics for Subsectors and Industries
by Employment Size: 2007--2007 Economic Census,'' NAICS code 334220,
Table EC0731SG3; available at https://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml.
\179\ Id.
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57. Audio and Video Equipment Manufacturing. The Census Bureau
defines this category as follows: ``This industry comprises
establishments primarily engaged in manufacturing electronic audio and
video equipment for home entertainment, motor vehicles, and public
address and musical instrument amplification. Examples of products made
by these establishments are video cassette recorders, televisions,
stereo equipment, speaker systems, household-type video cameras,
jukeboxes, and amplifiers for musical instruments and public address
systems.'' \180\ The SBA has developed a small business size standard
for this category, which is: all such businesses having 750 or fewer
employees.\181\ Census data for 2007 shows that there were 492
establishments in this category operated for part or all of the entire
year.\182\ Of those, 488 operated with fewer than 500 employees, and
four operated with 500 or more employees.\183\ Therefore, under this
size standard, the majority of such establishments can be considered
small.
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\180\ U.S. Census Bureau, 2012 NAICS Definitions, ``334310 Audio
and Video Equipment Manufacturing'' at https://www.census.gov/cgi-bin/sssd/naics/naicsrch.
\181\ 13 CFR 121.201; 2012 NAICS code 334310.
\182\ U.S. Census Bureau, 2007 Economic Census. See U.S. Census
Bureau, American FactFinder, ``Manufacturing: Summary Series:
General Summary: Industry Statistics for Subsectors and Industries
by Employment Size: 2007--2007 Economic Census,'' NAICS code 334310,
Table EC0731SG3; available at https://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml.
\183\ Id.
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4. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
58. The Second Report and Order (i) concludes that MVPDs must pass
through a secondary audio stream containing audible emergency
information in accordance with Section 79.2 of the Commission's rules
when they permit consumers to access linear programming on tablets,
smartphones, laptops, and similar devices over the MVPD's network as
part of their MVPD services, and (ii) adopts new requirements
applicable to manufacturers of apparatus covered by Section 79.105 of
the Commission's rules pursuant to the authority in Section 203 of the
CVAA.
59. With respect to the first issue, the Second Report and Order
does not adopt a new regulatory regime, but rather finds that the
existing emergency information requirements in Section 79.2 of the
Commission's rules apply when an MVPD provides linear programming for
viewing on mobile and other devices over the MVPD's network.
Accordingly, there are no new reporting or recordkeeping requirements.
There will, however, be compliance requirements for MPVDs, including
small MVPDs. Specifically, MVPDs must pass through a secondary audio
stream containing audible emergency information when they permit
consumers to access linear programming on tablets, smartphones,
laptops, and similar devices over the MVPD's network as part of their
MVPD services. As part of this obligation, MVPDs must ensure that any
application or plug-in that they provide to consumers to access such
programming is capable of passing through audible emergency information
on a secondary audio stream.
60. With respect to the second issue, the Second Report and Order
adopts new compliance requirements for manufacturers of covered
apparatus, including small entities. Specifically, manufacturers of
apparatus subject to Section 79.105 of the Commission's rules must
provide a mechanism that is simple and easy to use for activating the
secondary audio stream to access audible emergency information on
covered apparatus. The provisions for achievability, purpose-based
waiver, and exemptions in Section 79.105 of the Commission's rules
apply to the requirement that covered apparatus provide a simple and
easy to use activation mechanism for the secondary audio stream.\184\
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\184\ See 47 CFR 79.105(b)(1) through (2) (exempt apparatus),
79.105(b)(3) (achievability), 79.105(b)(4) (purpose-based waivers).
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61. No commenter provided specific information about the costs and
administrative burdens associated with the rules adopted in the Second
Report and Order. However, we note that the rule we adopt pursuant to
Section 203 of the CVAA--which requires manufacturers of apparatus
subject to Section 79.105 of the Commission's rules to provide a
mechanism that is simple and easy to use for activating the secondary
audio stream to access audible emergency information--affords covered
entities flexibility in how they implement this requirement.
5. Steps Taken To Minimize the Significant Economic Impact on Small
Entities and Significant Alternatives Considered
62. The RFA requires an agency to describe the steps the agency has
taken to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the impact on small entities was rejected.\185\
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\185\ 5 U.S.C. 604(a)(6).
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63. The rules adopted in the Second Report and Order may have an
economic impact in some cases, and that impact may affect small
entities. Although the Commission has considered alternatives where
possible, as directed by the RFA, to minimize economic impact on small
entities, we emphasize that our action is governed by the congressional
mandate contained in Sections 202 and 203 of the CVAA.
64. In crafting its new requirements, the Commission provided
reasonable timeframes within which covered entities may come into
compliance, as requested in the record.
65. In addition, with regard to the accessibility requirements
adopted pursuant to Section 203 of the CVAA, in certain instances, the
Commission may grant exemptions to the rules where a petitioner has
shown that compliance is not achievable (i.e., cannot be accomplished
with reasonable effort or expense).\186\ We note that two of the four
statutory factors that the Commission will consider in determining
achievability are particularly relevant to small entities: The nature
and cost of the steps needed to meet the requirements, and the
technical and economic impact on the entity's operations. In addition,
apparatus designed to receive and play back video programming
transmitted simultaneously with sound must comply with Section 203
requirements only to the extent they are ``technically feasible.''
\187\ Thus, covered manufactures, including small entities, may raise
technical infeasibility as a defense when faced with a complaint
alleging a violation of the apparatus requirements adopted herein, or
to file a request for a ruling under Section 1.41 of the Commission's
rules as to technical feasibility before manufacturing or importing the
product.\188\ As an additional means of reducing the costs of
compliance, apparatus manufacturers may use alternate means of
compliance with the rules adopted pursuant to Section
[[Page 39714]]
203.\189\ Under this approach, the Commission will permit an entity
that seeks to use an alternate means to comply with the apparatus
requirements to file a request pursuant to Section 1.41 of the
Commission's rules for a determination that the proposed alternative
satisfies the statutory requirements. The Commission will consider such
requests on a case-by-case basis. Further, the rule also allows for
certain purpose-based waivers and exemptions.\190\ These processes will
allow the Commission to address the impact of the rules on individual
entities, including smaller entities, on a case-by-case basis and to
modify the application of the rules to accommodate individual
circumstances, which can reduce the costs of compliance for these
entities.
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\186\ See 47 CFR 79.105(b)(3).
\187\ See 47 U.S.C. 303(u).
\188\ See First Report and Order, para. 66.
\189\ See id., para. 75.
\190\ See 47 CFR 79.105(b)(1) through (2), 79.105(b)(4).
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66. Overall, we believe we have appropriately considered both the
interests of individuals with disabilities and the interests of the
entities who will be subject to the rules, including those that are
smaller entities. The requirements adopted by the Commission today help
ensure that the critical details of an emergency are made accessible to
individuals who are blind or visually impaired, thus significantly
benefiting consumers and serving the stated public interest goal of the
CVAA.
6. Report to Congress
67. The Commission will send a copy of the Second Report and Order,
including this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act.\191\ In addition, the Commission will send a
copy of the Second Report and Order, including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A copy of the Second Report Order and
FRFA (or summaries thereof) will also be published in the Federal
Register.\192\
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\191\ See 5 U.S.C. 801(a)(1)(A).
\192\ See id. 604(b).
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B. Paperwork Reduction Act
68. The Second Report and Order does not contain any new or
modified information collection requirements subject to the Paperwork
Reduction Act of 1995 (PRA).\193\ In addition, therefore, it does not
contain any information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002.\194\
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\193\ The Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13, 109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).
\194\ The Small Business Paperwork Relief Act of 2002 (SBPRA),
Public Law 107-198, 116 Stat 729 (2002) (codified in Chapter 35 of
title 44 U.S.C.); see 44 U.S.C. 3506(c)(4).
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C. Congressional Review Act
69. The Commission will send a copy of the Second Report and Order
in a report to be sent to Congress and the Government Accountability
Office, pursuant to the Congressional Review Act.\195\
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\195\ See 5 U.S.C. 801(a)(1)(A).
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D. Additional Information
70. For additional information on this proceeding, contact Maria
Mullarkey, Maria.Mullarkey@fcc.gov, of the Media Bureau, Policy
Division, (202) 418-2120.
V. Ordering Clauses
71. Accordingly, it is ordered that, pursuant to the Twenty-First
Century Communications and Video Accessibility Act of 2010, Public Law
111-260, 124 Stat. 2751, and the authority found in 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, this
Second Report and Order is adopted, effective August 10, 2015.
72. It is ordered that, pursuant to the Twenty-First Century
Communications and Video Accessibility Act of 2010, Public Law 111-260,
124 Stat. 2751, and the authority found in 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, the Commission's
rules are hereby amended as set forth herein.
73. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Second Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
74. It is further ordered that the Commission shall send a copy of
this Second Report and Order in a report to be sent to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 79
Cable television operators, Communications equipment, Multichannel
video programming distributors (MVPDs), Satellite television service
providers.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 79 as follows:
PART 79--ACCESSIBILITY OF VIDEO PROGRAMMING
0
1. The authority citation for part 79 continues to read as follows:
Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310,
330, 544a, 613, 617.
0
2. Amend Sec. 79.2 by revising paragraph (b)(2)(ii) and adding
paragraph (b)(6) to read as follows:
Sec. 79.2 Accessibility of programming providing emergency
information.
* * * * *
(b) * * *
(2) * * *
(ii) Emergency information that is provided visually during
programming that is neither a regularly scheduled newscast, nor a
newscast that interrupts regular programming, must be accompanied with
an aural tone, and beginning May 26, 2015 except as provided in
paragraph (b)(6) of this section, must be made accessible to
individuals who are blind or visually impaired through the use of a
secondary audio stream to provide the emergency information aurally.
Emergency information provided aurally on the secondary audio stream
must be preceded by an aural tone and must be conveyed in full at least
twice. Emergency information provided through use of text-to-speech
(``TTS'') technologies must be intelligible and must use the correct
pronunciation of relevant information to allow consumers to learn about
and respond to the emergency, including, but not limited to, the names
of shelters, school districts, streets, districts, and proper names
noted in the visual information. The video programming distributor or
video programming provider that creates the visual emergency
information content and adds it to the programming stream is
responsible for providing an aural representation of the information on
a secondary audio stream, accompanied by an aural tone. Video
programming distributors are responsible for ensuring that the aural
representation of the emergency information (including the
[[Page 39715]]
accompanying aural tone) gets passed through to consumers.
* * * * *
(6) Beginning July 10, 2017, multichannel video programming
distributors must ensure that any application or plug-in that they
provide to consumers to access linear programming on tablets,
smartphones, laptops, and similar devices over the MVPD's network as
part of their multichannel video programming distributor services is
capable of passing through to consumers an aural representation of the
emergency information (including the accompanying aural tone) on a
secondary audio stream.
* * * * *
0
3. Amend Sec. 79.105 by adding paragraph (d) and a note to paragraph
(d) to read as follows:
Sec. 79.105 Video description and emergency information accessibility
requirements for all apparatus.
* * * * *
(d) Beginning December 20, 2016, all apparatus subject to this
section must provide a simple and easy to use mechanism for activating
the secondary audio stream for audible emergency information.
Note To Paragraph (d): This paragraph places no restrictions on
the importing, shipping, or sale of navigation devices that were
manufactured before December 20, 2016.
[FR Doc. 2015-16324 Filed 7-9-15; 8:45 am]
BILLING CODE 6712-01-P
