Closed Captioning of Video Programming Delivered Using Internet Protocol, and Apparatus Closed Caption Requirements

Forms and Documents

Document Name	Status
Supporting Statement OMB 3060-1162 (092012).doc Supporting Statement A	2012-09-21
Nonsubstantial change request for 3060-1162 (092012).doc Justification for No Material/Nonsubstantive Change	2012-09-20

IC Document Collections

IC ID	Document Title	Status
199492	Closed Captioning Video Programming	Modified
199491	Closed Captioning Video Programming	Modified

ICR Details

OMB Control No: 3060-1162	ICR Reference No: 201209-3060-005
Status: Historical Active	Previous ICR Reference No: 201205-3060-020
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Closed Captioning of Video Programming Delivered Using Internet Protocol, and Apparatus Closed Caption Requirements
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/25/2012
	Date Received in OIRA: 09/21/2012
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2015	07/31/2015	07/31/2015
Responses	3,683	0	4,684
Time Burden (Hours)	10,208	0	11,685
Cost Burden (Dollars)	93,600	0	307,800

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Abstract: This submission is being submitted to the Office of Management and Budget (OMB) for the approval of the information collection requirements contained in the Commission's rules for closed captioning of video programming delivered using Internet protocol (IP) and for apparatus closed caption requirements, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). The CVAA directs the Commission to revise its regulations to mandate closed captioning on IP-delivered video programming that was published or exhibited on television with captions after the effective date of the regulations. Accordingly, the Commission will require video programming owners (VPOs) to send program files to video programming distributors and providers (hereinafter VPDs) with required captions, and it will require VPDs to enable the rendering or pass through of all required captions to the end user. The CVAA also directs the Commission to revise its regulations to mandate that all apparatus designed to receive, play back, or record video programming be equipped with built-in closed caption decoder circuitry or capability designed to display closed-captioned video programming, except that apparatus that use a picture screen that is 13 inches or smaller and recording devices must comply only if doing so is achievable. These rules are codified at 47 C.F.R. §§ 79.4 and 79.100 – 79.104. The Commission is submitting this non-substantial change request submission to the Office of Management and Budget (OMB) to simply remove a portion of the burden hours and costs that were approved under OMB collection number 3060-1162 and place them into collection 3060-0874. This modification is due to the filing of complaints alleging violations of the rules for closed captioning of video programming delivered using Internet protocol (IP) and for apparatus closed caption requirements (collectively IP CC) now being able to be filed via FCC Form 2000C, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). Therefore, pursuant to the IP CC rules that will go into effect on September 30, 2012, a portion of these complaints will be filed on FCC Form 2000C, which is currently housed under OMB collection 3060-0874. The Commission received OMB approval for the filing requirements on July 24, 2012.

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Authorizing Statute(s): US Code: 47 USC 154(i) and (j), 303, 330(b) Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 613, 617 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AJ67	Final or interim final rulemaking	77 FR 19480	03/30/2012

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 19284	03/30/2012
30-day Notice:	Federal Register Citation:	Citation Date:
	77 FR 32089	05/31/2012
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Closed Captioning Video Programming
Closed Captioning Video Programming

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,683	4,684	0	0	-1,001	0
Annual Time Burden (Hours)	10,208	11,685	0	0	-1,477	0
Annual Cost Burden (Dollars)	93,600	307,800	0	0	-214,200	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Because of the IP CC rules that will go into effect on September 30, 2012, the Commission adjusts the burdens in this information collection for "complaints alleging violations of the IP CC rules" requirement since these forms can now be filed on FCC Form 2000C (collection 3060-0874). Therefore, the number of annual number of respondents decreased by -525, from 1,762 to 1,237 respondents; the number of annual responses decreased by -1,001, from 4,684 to 3,683 responses; the annual number of burden hours decreased by -1,477, from 11,685 to 10,208 hours; and the total annual cost decreased by -$214,200, from $307,800 to $93,600 hours. There are no program changes.

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Annual Cost to Federal Government: $181,847

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/21/2012

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