[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Proposed Rules]
[Pages 70168-70169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28718]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 79

[CG Docket 05-231, ET Docket No. 99-254; DA 10-2050]


Consumer and Governmental Affairs Bureau Seeks To Refresh the 
Record on Notices of Proposed Rulemaking Regarding Closed Captioning 
Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission, via the Consumer and 
Governmental Affairs Bureau (Bureau), seeks to refresh the record on 
issues pertaining to closed captioning that were raised in Notices of 
Proposed Rulemaking (NPRMs) released by the Commission in 2005 and 
2008. Given the time that has elapsed and various technological 
developments that have occurred in the field of closed captioning since 
these NPRMs were released, the Bureau believes that a refreshed record 
will better educate the Commission regarding the issues raised for 
comment in the pending proceedings.

DATES: Comments are due on or before November 24, 2010. Reply comments 
are due on or before December 9, 2010.

ADDRESSES: Interested parties may submit comments identified by [CG 
Docket No. 05-231 and ET Docket No. 99-254], and by any of the 
following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS): http://www.fcc.gov/cgb/ecfs, or the Federal 
eRulemaking Portal: http://www.regulations.gov. Filers should follow 
the instructions provided on the website for submitting comments, and 
transmit one electronic copy of the filing to each docket number 
referenced in the caption, which in this case is CG Docket No. 05-231 
and ET Docket No. 99-254. For ECFS Filers, in completing the 
transmittal screen, filers should include their full name, U.S. Postal 
Service mailing address, and the applicable docket number.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Because two docket 
numbers appear in the caption of this Notice, filers must submit two 
additional copies for the additional docket number. In addition, 
parties must send one copy to the Commission's duplicating contractor, 
Best Copy and Printing, Inc., 445 12th Street, SW., Washington, DC 
20554. Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street, SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building. The filing 
hours are 8 a.m. to 7 p.m.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, 
Express, and Priority mail must be addressed to 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Amelia Brown, Consumer and 
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2799 (voice), (202) 418-7804 (TTY), or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document DA 10-2050, released October 25, 2010 in CG Docket No. 05-231 
and ET Docket No. 99-254. The full text of DA 10-2050 and any 
subsequently filed documents in this matter will be available for 
public inspection and copying via ECFS (insert [CG Docket No. 05-231 or 
ET Docket No. 99-254] into the Proceeding block) and during regular 
business hours at the FCC Reference Information Center, Portals II, 445 
12th Street, SW., Room CY-A257, Washington, DC 20554. They may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc. Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554; telephone (800) 378-3160, or via its Web site, 
http://www.bcpiweb.com. DA 10-2050 can also be downloaded in Word or 
Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro/caption.html.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). 
Pursuant to 47 CFR 1.1206, these proceedings will be conducted as 
permit-but-disclose proceedings in which ex parte communications are 
subject to disclosure.

Synopsis

    In DA 10-2050, the Bureau seeks to refresh the record on issues 
pertaining to closed captioning that were raised in NPRMs released by 
the Commission on July 21, 2005, and November 7, 2008. See Closed 
Captioning of Video Programming, Telecommunications for the Deaf, Inc., 
Petition for Rulemaking, CG Docket No. 05-231, Notice of Proposed 
Rulemaking, published at 70 FR 56150, September 26, 2005; and Closed 
Captioning of Video Programming, Closed Captioning Requirements for 
Digital Television Receivers, CG Docket No. 05-231, ET Docket No. 99-
254, Declaratory Ruling, Order and Notice of Proposed Rulemaking, 
published at 74 FR 1594, January 13, 2009 and 74 FR 1654, January 13, 
2009 (2008 Closed Captioning Declaratory Ruling, Order

[[Page 70169]]

and NPRM). More than five years have passed since the Commission sought 
comment on several important matters relating to the quality and 
implementation of closed captioning of video programming, and a variety 
of changes in the closed captioning landscape warrant a refresh of the 
record created in response to that proceeding. For example, the 
benchmarks for 100% captioning of nonexempt new English and Spanish 
language programming have passed, the transition to digital television 
occurred on June 12, 2009, and advances in captioning technology and 
availability have occurred. The Bureau also believes that a refreshed 
record will help it to better understand the issues that were raised 
for comment in the 2008 Closed Captioning Declaratory Ruling, Order and 
NPRM. Because, in the 2008 Closed Captioning Declaratory Ruling, Order 
and NPRM, the Commission adopted requirements for video program 
distributors to make contact information available to consumers, and 
requirements concerning the process for filing and handling closed 
captioning complaints, the Commission does not seek to refresh the 
record with regard to those matters.

Federal Communications Commission.
Karen Peltz Strauss,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2010-28718 Filed 11-16-10; 8:45 am]
BILLING CODE 6712-01-P