Federal Register/Vol. 79, No. 61/Monday, March 31, 2014/Rules
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Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations 17911 FEDERAL COMMUNICATIONS Broadcasters (NAB); and takes various to comment on the information COMMISSION other actions to clarify and improve the collection requirements contained in Commission’s closed captioning rules. document FCC 14–12 as required by the 47 CFR Part 27 DATES: Effective April 30, 2014, except Paperwork Reduction Act (PRA) of for 47 CFR 79.1(e)(11)(i) and (ii), which 1995, Public Law 104–13, in a separate Miscellaneous Wireless shall be effective June 30, 2014, and 47 notice that will be published in the Communications Services CFR 79.1(c)(3), (e)(11)(iii), (iv) and (v), Federal Register. CFR Correction (j), and (k) of the Commission’s rules, Synopsis which contain new information In Title 47 of the Code of Federal collection requirements that have not 1. Closed captioning is a technology Regulations, Parts 20 to 39, revised as of been approved by the Office of that provides visual access to the audio October 1, 2013, on page 351, in § 27.50, Management and Budget (OMB). The content of video programs by displaying the stars following paragraph (d)(1) are Commission will publish a separate this content as printed words on the removed and paragraphs (d)(1)(A) and document in the Federal Register television screen. In addition to displaying text of verbal dialogue, (B) and (d)(2)(A) and (B) are reinstated announcing the effective date. to read as follows: captions generally identify speakers, FOR FURTHER INFORMATION CONTACT: Eliot sound effects, music, and audience § 27.50 Power limits and duty cycle. Greenwald, Consumer and reaction. Because closed captioning is * * * * * Governmental Affairs Bureau, Disability hidden as encoded data transmitted (d) * * * Rights Office, at (202) 418–2235 or within the television signal, consumers (1) * * * email [email protected]. can turn the captions on or off. (A) an equivalent isotropically SUPPLEMENTARY INFORMATION: This is a 2. In 1996, Congress added § 713 to radiated power (EIRP) of 3280 watts summary of the Commission’s Closed the Communications Act (the Act), when transmitting with an emission Captioning of Video Programming; directing the Commission to prescribe bandwidth of 1 MHz or less; Telecommunications for the Deaf and rules for the closed captioning of (B) an EIRP of 3280 watts/MHz when Hard of Hearing; Petition for televised video programming. 47 U.S.C. transmitting with an emission Rulemaking Report and Order (Order), 613. Section 713(b) of the Act directs bandwidth greater than 1 MHz. document FCC 14–12, adopted on the Commission to prescribe regulations (2) * * * February 20, 2014 and released on to ensure that ‘‘video programming first (A) an equivalent isotropically February 24, 2014, in CG Docket No. published or exhibited after the effective radiated power (EIRP) of 1640 watts 05–231. In document FCC 14–12, the date of such regulations is fully when transmitting with an emission Commission also seeks comment in an accessible through the provision of bandwidth of 1 MHz or less; accompanying Further Notice of closed captions’’ and that ‘‘video (B) an EIRP of 1640 watts/MHz when Proposed Rulemaking (FNPRM), which programming providers or owners transmitting with an emission is summarized in a separate Federal maximize the accessibility of video bandwidth greater than 1 MHz. Register Publication. The full text of programming first published or * * * * * document FCC 14–12 will be available exhibited prior to the effective date of [FR Doc. 2014–07200 Filed 3–28–14; 8:45 am] for public inspection and copying via such regulations through the provision BILLING CODE 1505–01–D ECFS, and during regular business of closed captions. .’’ In 1997, the hours at the FCC Reference Information Commission adopted rules that now Center, Portals II, 445 12th Street SW., require captioning on all new English FEDERAL COMMUNICATIONS Room CY–A257, Washington, DC 20554. and Spanish language programming, COMMISSION It also may be purchased from the both analog and digital, which is not Commission’s duplicating contractor, specifically exempt from the 47 CFR Part 79 Best Copy and Printing, Inc., Portals II, Commission’s rules. In addition, 75% of all nonexempt pre-rule English and [CG Docket No. 05–231; FCC 14–12] 445 12th Street SW., Room CY–B402, Washington, DC 20554, telephone: (800) Spanish language programming must be Closed Captioning of Video 378–3160, fax: (202) 488–5563, or closed captioned. Closed Captioning Programming; Telecommunications for Internet: www.bcpiweb.com. and Video Description of Video the Deaf and Hard of Hearing; Petition Document FCC 14–12 can also be Programming; Implementation of for Rulemaking downloaded in Word or Portable Section 305 of the Telecommunications Document Format (PDF) at: http:// Act of 1996, Video Programming AGENCY: Federal Communications www.fcc.gov/encyclopedia/disability- Accessibility, MM Docket No. 95–176, Commission. rights-office-headlines. To request Report and Order, (1997 Closed ACTION: Final rule. materials in accessible formats for Captioning Report and Order); people with disabilities (Braille, large published at 62 FR 48487, September SUMMARY: In this document, the print, electronic files, audio format), 16, 1997. Commission adopts non-quantitative send an email to [email protected] or call 3. On July 23, 2004, advocacy groups quality standards for the closed the Consumer and Governmental Affairs representing individuals who are deaf captioning of pre-recorded, live, and Bureau at 202–418–0530 (voice), 202– and hard of hearing (Petitioners or near-live programming to ensure that 418–0432 (TTY). Consumer Groups) filed a joint petition caption viewers have full access to for rulemaking (2004 Petition) seeking television programming; establishes best Final Paperwork Reduction Act of 1995 amendments to the Commission’s practices for the provision of good Analysis captioning rules pertaining to matters of quality captions; imposes new Document FCC 14–12 contains new captioning quality, scope, and requirements on broadcasters using information collection requirements. enforcement. On September 2, 2004, the Electronic Newsroom Technique (ENT) The Commission, as part of its Commission placed the 2004 Petition on based on a best practices proposal continuing effort to reduce paperwork public notice. Consumer and offered by the National Association of burdens, will invite the general public Governmental Affairs Bureau Reference VerDate Mar<15>2010 16:18 Mar 28, 2014 Jkt 232001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\31MRR1.SGM 31MRR1 emcdonald on DSK67QTVN1PROD with RULES 17912 Federal Register / Vol. 79, No. 61 / Monday, March 31, 2014 / Rules and Regulations Information Center Petition for Captioning Rules, CG Docket No. 05– as when such programs are shown on Rulemaking Filed, Public Notice, Report 231, ET Docket No. 99–254, Public television. Closed Captioning of Internet No. 2670, RM–11065, September 2, Notice, (2010 Refresh Public Notice); Protocol-Delivered Video Programming: 2004. On July 21, 2005, the Commission published at 75 FR 70168, November 17, Implementation of the Twenty-First released the 2005 Closed Captioning 2010. Century Communications and Video NPRM granting the 2004 Petition and 7. Need for Standards. Although the Accessibility Act of 2010, MB Docket initiating a proceeding to examine the record in this proceeding shows that No. 11–154, Report and Order, (IP Commission’s closed captioning rules. some effective quality control Captioning Report and Order); Closed Captioning of Video mechanisms for captions have been put published at 77 FR 19480, March 30, Programming; Telecommunications for into place during this period, hundreds 2012. The expanded availability of the Deaf, Inc., Petition for Rulemaking, of commenters remain dissatisfied with television programming on the Internet CG Docket No. 05–231, Notice of captioning quality that they claim that will result from implementation of Proposed Rulemaking, (2005 Closed impairs the accessibility of television this section of the CVAA makes Captioning NPRM); published at 70 FR programming by viewers who are deaf ensuring the quality of captioning on 56150, November 25, 2005. and hard of hearing. Specifically, shows aired on television in the first 4. On November 7, 2008, the commenters report captions that are instance all the more important. Commission released the 2008 Closed inaccurate, garbled, incomplete, 10. Accuracy, Synchronicity, Captioning Decision that responded in misspelled and/or misunderstood, Completeness and Placement. part to the 2004 Petition by amending incomprehensible, obscure the speaker, Document FCC 14–12 amends the the captioning complaint process to or significantly lag behind the spoken Commission’s rules, as described below, allow consumers to file complaints words they are intended to convey. This to require that captions (1) accurately directly with the Commission and by confirms inconsistencies in the quality reflect what is in the program’s audio specifying new timelines by which such of closed captioning throughout the track by matching the dialogue, music, complaints must be addressed. Closed industry and supports the Consumer and sounds, and identify the speakers; Captioning and Video Programming, Groups’ contention that the marketplace (2) are delivered synchronously with the Closed Captioning Requirements for alone has not provided effective corresponding dialogue and other Digital Television Receivers, CG Docket incentives