7368 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 

registered participants of any changes to 

the briefings. 

DATES: 

1. Tuesday, February 23, 2010, San 

Diego, California. 

Time: 8:30 a.m.–3 p.m. 

2. Thursday, February 25, 2010, Dallas, 

Texas. 

Time: 8:30 a.m.–3 p.m. 

3. Tuesday, March 2, 2010, Raleigh, 

North Carolina. 

Time: 8:30 a.m.–3 p.m. 

ADDRESSES: The meeting locations are: 

1. San Diego—San Diego Marriott Hotel 

and Marina, 333 West Harbor Drive, 

San Diego CA 92101, Tel: 1–619– 

234–1500, fax: 1–619–234–8678. 

2. Dallas—Anatole Hilton, 2201 

Stemmons Freeway, Dallas, TX 

75207, Tel: 1–214–748–1200, 

fax: 1–214–761–7520. 

3. Raleigh—Hilton North Raleigh, 3415 

Wake Forest Road, Raleigh, NC 

27609, Tel: 1–919–872–2323, 

fax: 1–919–876–0890. 

To Register: To register for a briefing 

session please complete the registration 

process on-line, by visiting 

www.acclaroresearch.com/oflcbriefings. 

Due to space considerations, attendance 

will be limited to those who register 

online. In the event of cancellation or 

change, participants will be notified. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding the 

Employment and Training 

Administration’s portion of the 

briefings, contact William L. Carlson, 

PhD, Administrator, Office of Foreign 

Labor Certification, Employment and 

Training Administration, 200 

Constitution Avenue, NW., Room 

C–4312, Washington, DC 20210; 

Telephone: (202) 693–3010 (this is not 

a toll-free number). 

For further information regarding the 

Wage and Hour Division’s portion of the 

briefings, contact James Kessler, Farm 

Labor Branch Chief, Wage and Hour 

Division, U.S. Department of Labor, 200 

Constitution Avenue, NW., Room 

S–3510, Washington, DC 20210; 

Telephone (202) 693–0070 (this is not a 

toll-free number). Please do not call 

these offices to register as they cannot 

accept registrations. 

SUPPLEMENTARY INFORMATION: The 

registration information should be used 

by any member of the public planning 

to attend a briefing session. 

Signed in Washington, DC, this 16th day of 

February 2010. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

Nancy Leppink, 

Deputy Administrator, Wage and Hour 

Division. 

[FR Doc. 2010–3282 Filed 2–16–10; 4:15 pm] 

BILLING CODE 4510–FP–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[CG Docket No. 05–231; FCC 09–109] 

Closed Captioning of Video 

Programming 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission amends the closed 

captioning rules to add another method 

by which video programming 

distributors may provide contact 

information to the Commission for the 

handling of immediate closed 

captioning concerns and written closed 

captioning complaints. 

DATES: 47 CFR 79.1(i)(3), published at 

74 FR 1594, January 13, 2009, and the 

revisions in this document are effective 

February 19, 2010. 

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 at 

Amelia.Brown@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document FCC 09–109, Closed 

Captioning of Video Programming, CG 

Docket No. 05–231, Order, adopted 

December 4, 2009, and released 

December 11, 2009. The full text of 

document FCC 09–109 and copies of 

any subsequently filed documents in 

this matter will be available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. Document FCC 

09–109 and copies of subsequently filed 

documents in this matter also may be 

purchased from the Commission’s 

duplicating contractor at Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact the Commission’s duplicating 

contractor at its Web site http:// 

www.bcpiweb.com or by calling 1–800– 

378–3160. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice) or (202) 418– 

0432 (TTY). Document FCC 09–109 also 

can be downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro/caption.html. 

Synopsis 

1. On November 7, 2008, the 

Commission released 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, FCC 08–255 (2008 Closed 

Captioning Order), published at 74 FR 

1594, January 13, 2009, which, among 

other things, requires video 

programming distributors to provide the 

Commission with contact information 

for the handling of immediate closed 

captioning concerns and written closed 

captioning complaints. Specifically, in a 

new § 79.1(i)(3) of its rules, the 

Commission required video 

programming distributors to file the 

required contact information with the 

Chief of the Disability Rights Office, 

Consumer and Governmental Affairs 

Bureau, or by sending the information to 

CLOSEDCAPTIONING_POC@fcc.gov. 

2. In anticipation of a large number of 

submissions and volume of information 

the Commission expects to receive, it 

has established an electronic webform 

as an additional method by which video 

programming distributors may submit 

their contact information to the 

Commission. To submit their contact 

information in this manner, video 

programming distributors will enter 

contact information in specific fields 

and, once submitted, this information 

will be available almost immediately for 

online searching by the public. This 

approach will promote compliance with 

the rule by facilitating the submission 

and availability of complete and 

accurate contact information. While 

video programming distributors may use 

any of the three methods described in 

§ 79.1(i)(3), the Commission encourages 

video programming distributors to 

submit their contact information 

through this online, self-service 

webform. Because this additional 

method of providing contact 

information was not provided for in the 

2008 Closed Captioning Order or in 

§ 79.1(i)(3) of the Commission’s rules, 

the Commission is amending § 79.1(i)(3) 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 7369 

of its rules to allow for the filing of 

contact information through a webform. 

Congressional Review Act 

The Commission has sent a copy of 

the document FCC 09–109 in a report to 

be sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act. 

Ordering Clause 

Pursuant to 47 U.S.C. 154(i), 303(r) 

and 613, document FCC 09–109 is 

adopted. 

List of Subjects in 47 CFR Part 79 

Cable television operators, 

Multichannel video programming 

distributors (MVPDs), Satellite 

television service providers, Television 

broadcasters. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 79 to 

read as follows: 

PART 79—CLOSED CAPTIONING OF 

VIDEO PROGRAMMING 

■ 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, 613. 

■ 2. Section 79.1 is amending by 

revising paragraph (i)(3) to read as 

follows: 

§ 79.1 Closed captioning of video 

programming. 

* * * * * 

(i) * * * 

(3) Providing contact information to 

the Commission. Video programming 

distributors shall file the contact 

information described in this section 

with the Commission in one of the 

following ways: through a webform 

located on the FCC website; with the 

Chief of the Disability Rights Office, 

Consumer and Governmental Affairs 

Bureau; or by sending an e-mail to 

CLOSED CAPTIONING_POC@fcc.gov. 

Contact information shall be available to 

consumers on the FCC Web site or by 

telephone inquiry to the Commission’s 

Consumer Center. Distributors shall 

notify the Commission each time there 

is a change in any of this required 

information within 10 business days. 

* * * * * 

[FR Doc. 2010–3264 Filed 2–18–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[CG Docket No. 05–321; FCC 09–71] 

Closed Captioning of Video 

Programming 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; stay of effectiveness. 

SUMMARY: In this document, the 

Commission temporarily stays the 

effectiveness of the closed captioning 

rule that requires video programming 

distributors in certain circumstances to 

forward closed captioning complaints to 

third parties. Because the ‘‘forwarding’’ 

requirement contained in the rule may 

conflict with statutory provisions under 

the Communications Act (the Act), a 

stay is appropriate pending review by 

the Commission of the ‘‘forwarding’’ 

provision of the rule. 

DATES: 47 CFR 79.1(g)(3), published at 

74 FR 1594, January 13, 2009, is stayed 

beginning February 19, 2010. 

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 at 

Amelia.Brown@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

FCC 09–71, Closed Captioning of Video 

Programming, CG Docket No. 05–231, 

Order Suspending Effective Date, 

adopted September 8, 2009, and 

released December 11, 2009. The full 

text of FCC 09–71 and copies of any 

subsequently filed documents in this 

matter will be available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. FCC 09–71 and 

copies of subsequently filed documents 

in this matter also may be purchased 

from the Commission’s duplicating 

contractor at Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. Customers may contact the 

Commission’s duplicating contractor at 

its Web site http://www.bcpiweb.com or 

by calling 1–800–378–3160. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice) or (202) 418– 

0432 (TTY). FCC 09–71 also can be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro/caption.html. 

Synopsis 

1. On November 7, 2008, the 

Commission released 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, FCC 08–255, (2008 Closed 

Captioning Order), published at 74 FR 

1594, January 13, 2009, which, among 

other things, requires video 

programming distributors in certain 

circumstances to forward closed 

captioning complaints to third parties. 

Such a requirement, however, appears 

to conflict with certain provisions of the 

Act that prohibit disclosure of 

personally identifiable information to 

third parties. To avoid placing video 

programming distributors in the 

untenable position of having to choose 

whether to comply with the closed 

captioning rule or with a conflicting 

statutory provision, the Commission 

temporarily suspends the effective date 

of the rule while the Commission 

considers how to revise it. 

2. Specifically, amended 47 CFR 

79.1(g)(3), adopted in the 2008 Closed 

Captioning Order, appears to conflict 

with the prohibitions contained in 

Sections 631(c) and 338(i) of the Act. In 

particular, cable or satellite operators 

would violate these provisions if they 

complied with 47 CFR 79.1(g)(3) by 

forwarding complaints containing a 

subscriber’s personal information 

without first obtaining the subscriber’s 

consent to disclose personally 

identifiable information. Given this 

apparent conflict, the Commission finds 

good cause to suspend the effective date 

of 47 CFR 79.1(g)(3) temporarily without 

prior notice and comment. Because 

allowing this rule to take effect would 

subject companies to conflicting legal 

obligations, the Commission finds that 

seeking comment on whether to 

suspend the rule would be impractical, 

unnecessary, and contrary to the public 

interest. The Commission intends to 

issue a notice of proposed rulemaking to 

seek comment on a revised rule for 

handling closed captioning complaints, 

to replace 47 CFR 79.1(g)(3) as adopted 

in the 2008 Closed Captioning Order. 

Congressional Review Act 

The Commission will send a copy of 

the Order Suspending Effective Date in 

a report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. 


srobinson on DSKHWCL6B1PROD with RULES