Information Collections Being Submitted for Review and Approval to Office of Management and Budget, 74490-74493 [2023-23935]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74490-74493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23935]


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FEDERAL COMMUNICATIONS COMMISSION

[OMB 3060-0967, OMB 3060-1053; FR ID 182049]


Information Collections Being Submitted for Review and Approval 
to Office of Management and Budget

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork burdens, 
as required by the Paperwork Reduction Act (PRA) of 1995, the Federal 
Communications Commission (FCC or the Commission) invites the general 
public and other Federal Agencies to take this opportunity to comment 
on the following information collection. Pursuant to the Small Business 
Paperwork Relief Act of 2002, the FCC seeks specific comment on how it 
might ``further reduce the information collection burden for small 
business concerns with fewer than 25 employees.''

DATES: Written comments and recommendations for the proposed 
information collection should be submitted on or before November 30, 
2023.

ADDRESSES: Comments should be sent to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function. Your comment must be submitted into 
www.reginfo.gov per the above instructions for it to be considered. In 
addition to submitting in www.reginfo.gov also send a copy of your 
comment on the proposed information collection to Cathy Williams, FCC, 
via email to [email protected] and to [email protected]. Include in the 
comments the OMB control number as shown in the SUPPLEMENTARY 
INFORMATION below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection request (ICR) 
submitted to OMB: (1) go to the web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the Title of this ICR and 
then click on the ICR Reference Number. A copy of the FCC submission to 
OMB will be displayed.

SUPPLEMENTARY INFORMATION: The Commission may not conduct or sponsor a 
collection of information unless it displays a currently valid Office 
of Management and Budget (OMB) control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the PRA that does not display a valid OMB 
control number.
    As part of its continuing effort to reduce paperwork burdens, as 
required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-
3520), the FCC invited the general public and other Federal Agencies to 
take this opportunity to comment on the following information 
collection. Comments are requested concerning: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimates; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology. Pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks 
specific comment on how it might ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.''
    OMB Control No.: 3060-0967.
    Title: Section 79.2, Accessibility of Programming Providing 
Emergency Information, and Emergency Information; Section 79.105, Audio 
Description and Emergency Information Accessibility Requirements for 
All Apparatus; Section 79.106, Audio Description and Emergency 
Information Accessibility Requirements for Recording Devices.
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Individuals or households; Business or other for-
profit; Not-for-profit institutions; and State, Local, or Tribal 
Government.
    Number of Respondents and Responses: 158 respondents; 261 
responses.

[[Page 74491]]

    Estimated Time per Response: 0.5 to 5 hours.
    Frequency of Response: Annual and on occasion reporting 
requirements; Recordkeeping requirement; Third party disclosure 
requirement.
    Obligation to Respond: Voluntary. The statutory authority for the 
collection is contained in the Twenty-First Century Communications and 
Video Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751, 
and sections 4(i), 4(j), 303, 330(b), 713, and 716 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303, 
330(b), 613, and 617.
    Total Annual Burden: 275 hours.
    Annual Cost Burden: $15,300.
    Needs and Uses: In 2000, the Commission adopted rules to require 
video programming distributors (VPDs) to make emergency information 
provided in the audio portion of the programming accessible to viewers 
who have hearing disabilities. Second Report and Order, MM Docket No. 
95-176, FCC 00-136. Later that year, to ensure that televised emergency 
information is accessible to viewers who are blind or visually 
impaired, the Commission modified its rules to require VPDs to make 
emergency information audible when provided in the video portion of a 
regularly scheduled newscast or a newscast that interrupts regular 
programming, and to provide an aural tone when emergency information is 
provided visually during regular programming (e.g., through screen 
crawls or scrolls). Report and Order, MM Docket No. 99-339, FCC 00-258.
    In 2013, the Commission adopted rules related to accessible 
emergency information and apparatus requirements for emergency 
information and video description. Report and Order and Further Notice 
of Proposed Rulemaking, MB Docket Nos. 12-107 and 11-43, FCC 13-45. 
Specifically, the Commission's rules require that VPDs and video 
programming providers (VPPs) (including program owners) make emergency 
information accessible to individuals who are blind or visually 
impaired by using a secondary audio stream to convey televised 
emergency information aurally, when such information is conveyed 
visually during programming other than newscasts. The Commission's 
rules also require certain apparatus that receive, play back, or record 
video programming to make available audio description services and 
accessible emergency information.
    In 2015, the Commission adopted rules to require the following: (1) 
apparatus manufacturers must provide a mechanism that is simple and 
easy to use for activating the secondary audio stream to access audible 
emergency information; and (2) starting no later than July 10, 2017, 
multichannel video programming distributors (MVPDs) must pass through 
the secondary audio stream containing audible emergency information 
when it is provided on linear programming accessed on second screen 
devices (e.g., tablets, smartphones, laptops and similar devices) over 
their networks as part of their MVPD services. Second Report and Order 
and Second Further Notice of Proposed Rulemaking, MB Docket No. 12-107, 
FCC 15-56.
    Finally, in 2020, the Commission adopted rules that included 
modernizing the term ``video description'' in the subject rules to the 
more widely understood ``audio description.'' Report and Order, MB 
Docket No. 11-43, FCC 20-155. These rules are codified at 47 CFR 79.2, 
79.105, and 79.106.

Information Collection Requirements

    (a) Complaints alleging violations of the emergency information 
rules.
    Section 79.2(c) of the Commission's rules provides that a complaint 
alleging a violation of Sec.  79.2 of its rules, may be transmitted to 
the Consumer and Governmental Affairs Bureau by any reasonable means, 
such as the Commission's online informal complaint filing system, 
letter, facsimile transmission, telephone (voice/TRS/TTY), internet 
email, audio-cassette recording, Braille, or some other method that 
would best accommodate the complainant's disability. After the 
Commission receives the informal complaint, the Commission notifies the 
VPD or VPP of the complaint, and the VPD or VPP has 30 days to reply.
    (b) Complaints alleging violations of the apparatus emergency 
information and audio description requirements.
    Complaints alleging violations of the rules containing apparatus 
emergency information and audio description requirements, 47 CFR 
79.105-79.106, may be transmitted to the Consumer and Governmental 
Affairs Bureau by any reasonable means, such as the Commission's online 
informal complaint filing system, letter in writing or Braille, 
facsimile transmission, telephone (voice/TRS/TTY), email, or some other 
method that would best accommodate the complainant's disability. Given 
that the population intended to benefit from the rules adopted will be 
blind or visually impaired, if a complainant calls the Commission for 
assistance in preparing a complaint, Commission staff will document the 
complaint in writing for the consumer. The Commission will forward such 
complaints, as appropriate, to the named manufacturer or provider for 
its response, as well as to any other entity that Commission staff 
determines may be involved, and may request additional information from 
any relevant parties when, in the estimation of Commission staff, such 
information is needed to investigate the complaint or adjudicate 
potential violations of Commission rules.
    (c) Requests for Commission determination of technical feasibility 
of emergency information and audio description apparatus requirements.
    The requirements pertaining to apparatus designed to receive or 
play back video programming apply only to the extent they are 
``technically feasible.'' Parties may raise technical infeasibility as 
a defense when faced with a complaint alleging a violation of the 
apparatus requirements or they may file a request for a ruling under 
section 1.41 of the Commission's rules as to technical infeasibility 
before manufacturing or importing the product.
    (d) Requests for Commission determination of achievability of 
emergency information and audio description apparatus requirements.
    The requirements pertaining to certain apparatus designed to 
receive, play back, or record video programming apply only to the 
extent they are achievable. Manufacturers of apparatus that use a 
picture screen of less than 13 inches in size and of recording devices 
may petition the Commission, pursuant to 47 CFR 1.41, for a full or 
partial exemption from the audio description and emergency information 
requirements before manufacturing or importing the apparatus. 
Alternatively, manufacturers may assert that a particular apparatus is 
fully or partially exempt as a response to a complaint, which the 
Commission may dismiss upon a finding that the requirements of this 
section are not achievable. A petition for exemption or a response to a 
complaint must be supported with sufficient evidence to demonstrate 
that compliance with the requirements is not achievable (meaning with 
reasonable effort or expense), and the Commission will consider four 
specific factors when making such a determination.
    (e) Petitions for purpose-based waivers of emergency information 
and audio description apparatus requirements.
    The Commission may waive emergency information and audio 
description apparatus requirements for any apparatus or class of 
apparatus that is (a) primarily designed for activities other than 
receiving or playing back video programming transmitted

[[Page 74492]]

simultaneously with sound, or (b) designed for multiple purposes, 
capable of receiving or playing video programming transmitted 
simultaneously with sound but whose essential utility is derived from 
other purposes. The Commission will address any requests for a purpose-
based waiver on a case-by-case basis, and waivers will be available 
prospectively for manufacturers seeking certainty prior to the sale of 
a device.
    (f) Submission and review of consumer eligibility to receive an 
accessible set-top box.
    The Commission granted DIRECTV a waiver with respect to the set-top 
box models on which it is not able to implement audio functionality for 
emergency information, but conditioned such relief by requiring DIRECTV 
to provide, upon request and at no additional cost to customers who are 
blind or visually impaired, a set-top box model that is capable of 
providing aural emergency information. DIRECTV may require customers 
who are blind or visually impaired to submit reasonable documentation 
of disability to DIRECTV as a condition to providing the box at no 
additional cost.
    OMB Control Number: 3060-1053.
    Title: Misuse of Internet Protocol Captioned Telephone Service (IP 
CTS); Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals with Hearing and Speech Disabilities, CG Docket Nos. 
13-24 and 03-123.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit; Individuals or 
households.
    Number of Respondents and Responses: 187,173 respondents; 673,980 
responses.
    Estimated Time per Response: 0.1 hours (6 minutes) to 40 hours.
    Frequency of Response: Annual, every five years, monthly, and 
ongoing reporting requirements; Recordkeeping requirements; Third party 
disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements is 
found at Sec. 225 [47 U.S.C. 225] Telecommunications Services for 
Hearing-Impaired Individuals; The Americans with Disabilities Act of 
1990, (ADA), Public Law 101-336, 104 Stat. 327, 366-69, enacted on July 
26, 1990.
    Total Annual Burden: 342,103 hours.
    Total Annual Cost: $72,000.
    Needs and Uses: On August 1, 2003, the Commission released 
Telecommunication Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CC Docket No. 98-67, 
Declaratory Ruling, 68 FR 55898, September 28, 2003, clarifying that 
one-line captioned telephone voice carry over (VCO) service is a type 
of telecommunications relay service (TRS) and that eligible providers 
of such services are eligible to recover their costs from the 
Interstate TRS Fund (Fund) in accordance with section 225 of the 
Communications Act.
    On July 19, 2005, the Commission released Telecommunication Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, CC Docket No. 98-67 and CG Docket No. 03-123, 
Order, 70 FR 54294, September 14, 2005, clarifying that two-line 
captioned telephone VCO service, like one-line captioned telephone VCO 
service, is a type of TRS eligible for compensation from the Fund.
    On January 11, 2007, the Commission released Telecommunications 
Relay Services and Speech-to-Speech Services for Individuals with 
Hearing and Speech Disabilities, CG Docket No. 03-123, Declaratory 
Ruling, 72 FR 6960, February 14, 2007, granting a request for 
clarification that Internet Protocol (IP) captioned telephone relay 
service (IP CTS) is a type of TRS eligible for compensation from the 
Fund.
    On August 26, 2013, the Commission issued Misuse of Internet 
Protocol Captioned Telephone Service; Telecommunications Relay Services 
and Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CG Docket Nos. 13-24 and 03-123, Report and Order, 78 FR 
53684, August 30, 2013, to regulate practices relating to the marketing 
of IP CTS, impose certain requirements for the provision of this 
service, and mandate registration and certification of IP CTS users.
    On June 8, 2018, the Commission issued Misuse of Internet Protocol 
Captioned Telephone Service; Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CG Docket Nos. 13-24 and 03-123, Report and Order and 
Declaratory Ruling, 83 FR 30082, June 27, 2018 (2018 IP CTS 
Modernization Order), to facilitate the Commission's efforts to reduce 
waste, fraud, and abuse and improve its ability to efficiently manage 
the IP CTS program through regulating practices related to the 
marketing of IP CTS, generally prohibiting the provision of IP CTS to 
consumers who do not genuinely need the service, permitting the 
provision of IP CTS in emergency shelters, and approving the use of 
automatic speech recognition to generate captions without the 
assistance of a communications assistant.
    On February 15, 2019, the Commission issued Misuse of Internet 
Protocol Captioned Telephone Service; Telecommunications Relay Services 
and Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CG Docket Nos. 13-24 and 03-123, Report and Order, and 
Order, 84 FR 8457, March 8, 2019 (2019 IP CTS Program Management 
Order), requiring the submission of IP CTS user registration 
information to the telecommunications relay service (TRS) User 
Registration Database (Database) so that the Database administrator can 
verify IP CTS users to reduce the risk of waste, fraud, and abuse in 
the IP CTS program.
    On June 30, 2022, the Commission issued Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities; Structure and Practices of the Video Relay Service 
Program; Misuse of Internet Protocol Captioned Telephone Service, CG 
Docket Nos. 03-123, 10-51, and 13-24, Report and Order, published at 87 
FR 57645, September 21, 2022 (Registration Grace Period Order), 
allowing IP CTS and Video Relay Service (VRS) providers to provide 
compensable service to a new user for up to two weeks after submitting 
the user's information to the Database if the user's identity is 
verified within that period, in order to offer more efficient service 
to IP CTS and VRS users without risk of waste, fraud, and abuse to the 
Fund.
    On September 30, 2022, the Commission released the Accessible 
Carceral Communications Order, Rates for Interstate Inmate Calling 
Services, WC Docket No.12-375, Fourth Report and Order, published at 87 
FR 75496, December, 9, 2022, (Accessible Carceral Communications 
Order), requiring inmate calling services providers to provide 
incarcerated TRS-eligible users the ability to access any relay service 
eligible for TRS Fund support. To facilitate the registration of IP CTS 
users in carceral facilities, the Commission amended the registration 
and verification requirements for individual users. The programmatic 
changes in information collection burdens that apply to VRS and IP 
Relay due to the Accessible Carceral Communications Order are addressed 
separately in modifications to information collection No. 3060-1089.
    This notice and request for comments pertains to the programmatic 
changes in

[[Page 74493]]

information collection burdens that apply to IP CTS due to the 
Accessible Carceral Communications Order.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison.
[FR Doc. 2023-23935 Filed 10-30-23; 8:45 am]
BILLING CODE 6712-01-P