73758 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Rules and Regulations 

1 ‘‘Video programming’’ refers to programming 

provided by, or generally considered comparable to 

programming provided by, a television broadcast 

station but does not include consumer-generated 

media. 

2 47 CFR 79.3(a)(3). 

3 47 CFR 79.3(b)(1). The rules also require 

‘‘[t]elevision broadcast stations that are affiliated or 

otherwise associated with any television network 

[to] pass through audio description when the 

network provides audio description and the 

broadcast station has the technical capability 

necessary to pass through the audio description, 

unless it is using the technology used to provide 

audio description for another purpose related to the 

programming that would conflict with providing 

the audio description.’’ Id. 79.3(b)(3). In addition, 

MVPD systems that serve 50,000 or more 

subscribers must provide 50 hours of audio 

description per calendar quarter during prime time 

or on children’s programming, as well as an 

additional 37.5 hours of audio description per 

calendar quarter at any time between 6 a.m. and 

11:59 p.m., on each of the top five national 

nonbroadcast networks that they carry on those 

systems. Id. 79.3(b)(4). The rules also require MVPD 

systems of any size to pass through audio 

description provided by a broadcast station or 

nonbroadcast network, if the channel on which the 

MVPD distributes the station or programming has 

the technical capability necessary to do so and if 

that technology is not being used for another 

purpose related to the programming. Id. 

79.3(b)(5)(i)–(ii). 

4 Id. 79.3(b)(1). 

5 Video Description: Implementation of the 

Twenty-First Century Communications and Video 

Accessibility Act of 2010, 76 FR 55585, para. 16 

(Sept. 8, 2011) (‘‘The rules extend the requirement 

. . . to major network affiliates in the 60 largest 

markets beginning on July 1, 2015.’’) (2011 Audio 

Description Order). 

6 47 U.S.C. 613(f)(4)(C)(iii)(IV), (VII). In the 2020 

Audio Description Order, the Commission 

modernized the terminology in its rules by 

replacing the term ‘‘video description’’ with the 

‘‘more common and widely understood’’ term 

‘‘audio description.’’ Video Description: 

Implementation of the Twenty-First Century 

Communications and Video Accessibility Act of 

2010, 85 FR 76480, paras. 14–15 (Nov. 30, 2020) 

(2020 Audio Description Order). When discussing 

items that use the prior terminology, we have 

updated the terminology accordingly. 

representative by VHF Channel 16. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate of the 

enforcement times and dates for the 

safety zone. 

Dated: October 24, 2023. 

J.W. Spitler, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector San Diego. 

[FR Doc. 2023–23865 Filed 10–26–23; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[MB Docket No. 11–43; FCC 23–82; FR ID 

181039] 

Video Description: Implementation of 

the Twenty-First Century 

Communications and Video 

Accessibility Act of 2010 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) expands its audio 

description requirements by phasing 

them in for an additional 10 designated 

market areas (DMAs) each year until all 

DMAs are included. This action is based 

on a finding that the costs of expanding 

the audio description regulations to 

DMAs 101 through 210 are reasonable 

for program owners, providers, and 

distributors. 

DATES: Effective November 27, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Diana Sokolow, 

Diana.Sokolow@fcc.gov, of the Policy 

Division, Media Bureau, (202) 418– 

2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order, FCC 23–82, adopted 

and released on October 17, 2023. The 

full test of this document will be 

available at https://docs.fcc.gov/public/ 

attachments/FCC-23-82A1.pdf and via 

ECFS at https://www.fcc.gov/ecfs/. 

Documents will be available 

electronically in ASCII, Microsoft Word, 

and/or Adobe Acrobat. Alternative 

formats are available for people with 

disabilities (Braille, large print, 

electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), 1–844–4–FCC–ASL 

(1–844–432–2275) (videophone). 

Synopsis 

1. In this Second Report and Order 

(Order), we expand our audio 

description requirements by phasing 

them in for an additional 10 designated 

market areas (DMAs) each year until all 

DMAs are included. Such an expansion 

will help ensure that a greater number 

of individuals who are blind or visually 

impaired can be connected, informed, 

and entertained by television 

programming. Consistent with the 

requirements of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010 (CVAA), we 

find that the costs of expanding the 

audio description regulations to DMAs 

101 through 210 are reasonable for 

program owners, providers, and 

distributors. No commenters oppose this 

action. 

2. Audio description makes video 

programming 1 more accessible to 

individuals who are blind or visually 

impaired through ‘‘[t]he insertion of 

audio narrated descriptions of a 

television program’s key visual elements 

into natural pauses between the 

program’s dialogue.’’ 2 To access audio 

description, consumers generally switch 

from the main program audio to the 

secondary audio stream on which audio 

description is typically provided. In 

2011, pursuant to section 202 of the 

CVAA, the Commission adopted rules 

requiring certain television broadcast 

stations and multichannel video 

programming distributors (MVPDs) to 

provide audio description for a portion 

of the video programming that they offer 

to consumers. The current audio 

description rules require certain 

commercial television broadcast stations 

to provide 50 hours of audio-described 

programming per calendar quarter 

during prime time or on children’s 

programming, as well as an additional 

37.5 hours of audio-described 

programming per calendar quarter at 

any time between 6 a.m. and 11:59 

p.m.3 The commercial television 

broadcast stations that are subject to this 

requirement are those that are affiliated 

with one of the top four commercial 

television broadcast networks (ABC, 

CBS, Fox, and NBC) and are located in 

the top television markets.4

3. The 2011 Audio Description Order 

applied the audio description 

requirements to certain television 

broadcast stations in DMAs 1 through 

60.5 Pursuant to the requirements of the 

CVAA, the Commission submitted a 

report to Congress (the Second Report) 

to assess, among other topics, ‘‘the 

potential costs to program owners, 

providers, and distributors in [DMAs] 

outside of the top 60 of creating [audiodescribed] programming’’ and ‘‘the need 

for additional described programming in 

[DMAs] outside the top 60.’’ 6 The 

Media Bureau submitted the Second 

Report to Congress in October 2019, 

describing the consumer desire for 

application of the audio description 

rules outside the top 60 DMAs but 

stating that commenters did not offer 

‘‘detailed or conclusive information’’ as 

to the costs of such an expansion or a 

station’s ability to bear those costs. It 

thus deferred issuing a determination 


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7Second Report (quoting 47 U.S.C. 

613(f)(4)(C)(iv)(I)). 

8 47 U.S.C. 613(f)(4)(C)(iv). 

9The Commission’s audio description rules 

define a ‘‘video programming distributor’’ as ‘‘[a]ny 

television broadcast station licensed by the 

Commission and any [MVPD], and any other 

distributor of video programming for residential 

reception that delivers such programming directly 

to the home and is subject to the jurisdiction of the 

Commission.’’ 47 CFR 79.3(a)(5). The rules also 

define a ‘‘video programming provider’’ as ‘‘[a]ny 

video programming distributor and any other entity 

that provides video programming that is intended 

for distribution to residential households including, 

but not limited to, broadcast or nonbroadcast 

television networks and the owners of such 

programming.’’ Id. 79.3(a)(2). The Commission’s 

audio description rules do not separately define the 

term ‘‘owner.’’ 

10 Video Description: Implementation of the 

Twenty-First Century Communications and Video 

Accessibility Act of 2010, 88 FR 18505 (Mar. 29, 

2023) (2023 Audio Description FNPRM). 

11 47 U.S.C. 613(f)(4)(C)(iv). 

12 In addition, as stated in the 2020 Audio 

Description Order, the Media Bureau’s first report 

to Congress on audio description ‘‘concluded that 

the costs of complying with the audio description 

requirements were consistent with industry’s 

expectations at the time the rules were adopted and 

had not impeded industry’s ability to comply, and 

the record for the Second Report did not alter that 

conclusion.’’ 

13As with the 2020 expansion, comments on the 

2023 Audio Description FNPRM did not provide 

detailed analysis of the current costs of audio 

description, or the costs that entities in the 

additional DMAs might face as a result of the 

proposed expansion. Nonetheless, as explained 

herein, we believe that like 2020, the current record 

provides sufficient information to determine, as 

required under the CVAA, that the costs of 

implementing the audio description regulations to 

program owners, providers, and distributors in the 

additional markets are ‘‘reasonable.’’ We note that 

commenters did not provide any information that 

undermines our conclusion regarding the 

reasonableness of costs. 

regarding whether any costs associated 

with the expansion would be 

reasonable, explaining that, ‘‘[s]hould 

the Commission seek to expand the 

[audio] description requirements to 

DMAs outside the top 60, it will need 

to utilize the information contained in 

this Second Report, and any further 

information available to it at the time, 

to determine that ‘the costs of 

implementing the [audio] description 

regulations to program owners, 

providers, and distributors in those 

additional markets are reasonable.’ ’’ 7

4. The CVAA provides the 

Commission with authority ‘‘to phase in 

the [audio] description regulations for 

up to an additional 10 [DMAs] each 

year,’’ ‘‘based upon the findings, 

conclusions, and recommendations 

contained in the [Second Report],’’ ‘‘(I) 

if the costs of implementing the [audio] 

description regulations to program 

owners, providers, and distributors in 

those additional markets are reasonable, 

as determined by the Commission; and 

(II) except that the Commission may 

grant waivers to entities in specific 

[DMAs] where it deems appropriate.’’ 8

Exercising this authority, the 

Commission adopted a phased 

expansion of the audio description 

rules, finding that the costs of the 

expansion to DMAs 61 through 100 are 

reasonable for program owners, 

providers, and distributors.9 The audio 

description requirements extended to 

DMAs 61 through 70 on January 1, 2021, 

to DMAs 71 through 80 on January 1, 

2022, and to DMAs 81 through 90 on 

January 1, 2023. The requirements will 

extend to DMAs 91 through 100 on 

January 1, 2024. Thus far, the timetable 

for the phased expansion has been 

successful, with no requests for relief 

under either the rule governing 

exemptions due to economic burden or 

the more general waiver rule. 

5. The 2020 Audio Description Order 

also indicated that the Commission 

would consider in 2023 whether to 

continue expanding the audio 

description requirements to an 

additional 10 DMAs per year, after 

assessing the reasonableness of the 

associated costs. The Commission 

explained that deferring a determination 

on the application of the audio 

description rules beyond DMA 100 

‘‘will best enable us to consider the 

unique circumstances that may be 

applicable’’ to the smallest markets, and 

provides ‘‘the additional benefit of . . . 

any additional information gleaned from 

[the] practical experience’’ of expansion 

beyond DMA 60. To foster this 

determination, in March 2023 the 

Commission proposed to continue 

expanding the audio description 

requirements through a phased schedule 

applicable to DMAs 101 through 210.10

The 2023 Audio Description FNPRM 

elicited four comments and two replies, 

all of which supported the 

Commission’s proposal. 

6. We adopt the proposal contained in 

the 2023 Audio Description FNPRM to 

continue phasing in the audio 

description requirements for an 

additional 10 DMAs each year until all 

210 DMAs are covered. Commenters 

unanimously support the expansion of 

the Commission’s audio description 

rules to all remaining DMAs. As stated 

above, the CVAA provides the 

Commission with authority for this 

phase-in, ‘‘based upon the findings, 

conclusions, and recommendations 

contained in the [Second Report],’’ ‘‘(I) 

if the costs of implementing the [audio] 

description regulations to program 

owners, providers, and distributors in 

those additional markets are reasonable, 

as determined by the Commission; and 

(II) except that the Commission may 

grant waivers to entities in specific 

[DMAs] where it deems appropriate.’’ 11

7. The record demonstrates that the 

costs of implementing the audio 

description regulations in markets 101 

through 210 are reasonable. 

Commenters did not specify the current 

costs of adding description to television 

programming. However, the 

Commission previously found that such 

costs held steady between 2017 and 

2019, indicating that they were at a level 

the Commission previously deemed 

‘‘minimal,’’ and no commenter reported 

that costs have increased or objected to 

the proposal on the basis that it would 

impose an unreasonable cost. We expect 

that the costs of extending the audio 

description requirements to all 

remaining market areas should be 

minimal. This is because covered 

broadcasters already are required to 

have the equipment and infrastructure 

necessary to deliver a secondary audio 

stream for purposes of the emergency 

information requirements, without 

exception for technical capability or 

market size. Further, network affiliates 

in all DMAs are already required to pass 

through the audio description they 

receive via a network feed, which will 

mitigate any costs associated with the 

rule expansion.12 For all of these 

reasons, we conclude that the costs of 

expanding the audio description 

regulations to DMAs 101 through 210 

are reasonable. To the extent a 

broadcaster finds itself in an unusual 

situation that makes the costs of 

compliance unreasonable, it may avail 

itself of the exemption procedures 

discussed below.13 However, based on 

our expertise and the record compiled 

in this proceeding, we expect such 

instances to be exceedingly rare. 

8. The significant benefits of 

expanding the audio description 

requirements to DMAs 101 through 210, 

when weighed against the minimal 

costs, further support expansion to these 

markets. The Second Report indicated 

that consumers desired an expansion of 

the audio description requirements 

outside the top 60 DMAs, and we 

believe that consumers will benefit from 

an expansion even in the smallest 

DMAs. In fact, there may be even greater 

benefits to applying the audio 

description rules to smaller DMAs, 

given American Foundation for the 

Blind’s (AFB) assertion that ‘‘there is 

evidence that less urbanized 

communities experience higher rates of 

disability, including blindness.’’ AFB 

explains that the expansion should also 

benefit video programming providers, 

whose programming and advertising 


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14The CVAA does not permit the Commission to 

expand the audio description requirements to more 

than an additional 10 DMAs per year. We recognize, 

however, American Council of the Blind (ACB) and 

AFB’s assertions that to the extent broadcasters 

voluntarily pass through audio description at an 

earlier date, doing so would benefit consumers. The 

National Association of Broadcasters (NAB) has 

responded that it ‘‘will heed the disability 

community’s requests to encourage television 

stations in markets outside the top 100 DMAs to 

implement audio description earlier than the FCC 

may require in accordance with the CVAA.’’ 

Accordingly, while we adopt the phase-in schedule 

as proposed and consistent with the CVAA, we 

encourage television stations in markets outside the 

top 100 DMAs to implement audio description 

earlier to the extent they are able to do so. 

15 47 CFR 79.3(b)(1). 

16The two DMAs are (1) Paducah-Cape 

Girardeau-Harrisburg (moved from DMA 84 to DMA 

92) and (2) Cedar Rapids-Waterloo-Iowa City and 

Dubuque (moved from DMA 90 to DMA 93). 

17The two DMAs are (1) Chattanooga (moved 

from DMA 92 to DMA 84) and (2) Charleston, SC 

(moved from DMA 91 to DMA 88). 

18We find that this approach is necessary here, 

whereas it was not utilized in the 2020 Audio 

Description Order, because of the earlier timing of 

the adoption of this Order (October 17, 2023 as 

compared to October 27, 2020), pursuant to which 

there may be a slightly longer time period between 

the effective date of the new rules and the next 

compliance deadline of January 1, 2024. 

19We note that this January 1, 2024 compliance 

deadline is the date on which such stations already 

would have expected to become subject to the 

requirements, had we not adopted the use of 

updated Nielsen figures, so there should be no 

difficulty with complying. 

20While today we expand the number of 

broadcasters subject to the audio description 

requirements, we recognize that our action also 

impacts MVPDs, given that MVPDs of any size 

‘‘[m]ust pass through audio description on each 

broadcast station they carry, when the broadcast 

station provides audio description, and the channel 

on which the MVPD distributes the programming of 

the broadcast station has the technical capability 

necessary to pass through the audio description, 

unless it is using the technology used to provide 

audio description for another purpose related to the 

programming that would conflict with providing 

the audio description.’’ 47 CFR 79.3(b)(5)(i). We 

find that the costs of the expansion for impacted 

MVPDs are reasonable. MVPDs in the expanded 

markets that serve 50,000 or more subscribers are 

already subject to the separate audio description 

requirements that apply directly to MVPDs. We 

expect that even small MVPDs in small markets 

already have the capability to provide audio 

description via a secondary audio stream, because 

video programming distributors and providers 

will reach additional consumers. When 

the Commission previously expanded 

the audio description requirements to 

DMAs 61 through 100, the record 

indicated there would also be benefits 

for consumers who are not blind or 

visually impaired, such as consumers 

with other sensory or cognitive 

impairments, individuals learning the 

language, and those who listen to video 

programming while multitasking. We 

believe the same would be true with 

regard to expanding to DMAs 101 

through 210. Although commenters did 

not provide specific data on the amount 

of audio-described programming 

currently available in DMAs 101 

through 210—including comparing that 

data to the amount that would be 

available if the Commission were to 

expand the audio description 

requirements to such DMAs—it is clear 

that expanding the audio description 

requirements to these additional 

markets will benefit a significant 

number of consumers. 

9. We adopt the proposal in 2023 

Audio Description FNPRM to continue 

the phase-in with DMAs 101 through 

110 on January 1, 2025, extending to 10 

additional DMAs per year until the 

phase-in concludes with DMAs 201 

through 210 on January 1, 2035, 

consistent with the expansion allowable 

under the CVAA.14 The Commission 

sought comment on whether it should 

consider phasing in the audio 

description requirements to a smaller 

subset of DMAs, or to a smaller number 

of DMAs per year. ACB explains that 

adopting an even slower expansion 

‘‘would increase the equity gap 

experienced by residents of smaller 

communities, which are often rural and/ 

or at an economic disadvantage.’’ The 

record does not contain any support for 

a slower phase-in, and thus we adopt 

the proposed timeline contained in the 

2023 Audio Description FNPRM, which 

we expect will provide covered 

broadcasters with ample time to 

comply. 

10. We also adopt the proposal 

contained in the 2023 Audio 

Description FNPRM to base the 

extension to additional DMAs on an 

updated Nielsen determination of 

market rankings. We find that using 

updated Nielsen data will facilitate the 

efficient roll out of audio description 

obligations to all remaining DMAs, and 

will be consistent with the 

Commission’s prior expansion of the 

rules from the top 25 markets to the top 

60 markets and from the top 60 markets 

to the top 100 markets. The audio 

description rules currently utilize DMA 

rankings ‘‘as determined by The Nielsen 

Company as of January 1, 2020.’’ 15 The 

revised rules will utilize DMA rankings 

‘‘as determined by The Nielsen 

Company as of January 1, 2023.’’ Under 

existing rules, the audio description 

requirements apply to the top 90 DMAs 

as of January 1, 2023, and they will next 

extend to DMAs 91 through 100 on 

January 1, 2024. We note that utilizing 

updated Nielsen market rankings will 

affect two DMAs that are in the top 90 

DMAs utilizing the Nielsen figures as of 

January 1, 2020, that will fall within the 

later deadline for DMAs 91 through 100 

utilizing the Nielsen figures as of 

January 1, 2023.16 Conversely, there are 

two DMAs that are within the later 

deadline for DMAs 91 through 100 

utilizing the Nielsen figures as of 

January 1, 2020, that will fall within the 

earlier deadline for DMAs 81 through 90 

utilizing the Nielsen figures as of 

January 1, 2023.17 ACB is the only 

commenter that addresses application of 

updated Nielsen figures, and it indicates 

that it ‘‘feels strongly that regardless of 

the most recent data, once audio 

description has been required of a DMA, 

that mandate should not change, even if 

the market’s ranking does.’’ To avoid 

any consumer confusion, and given that 

ACB’s request is unopposed, we find 

that stations that are currently subject to 

the deadline for DMAs 81 through 90 

(January 1, 2023), but will become 

subject to the deadline for DMAs 91 

through 100 (January 1, 2024) once the 

new rule takes effect, must continue 

complying with the audio description 

requirements during any gap between 

the effective date of the new rules and 

the January 1, 2024 application of the 

rules to DMAs 91 through 100.18 In 

other words, stations that are already 

subject to the rules should continue 

their provision of this service, regardless 

of a change in their DMA status, in 

order to prevent disruption during the 

gap period to consumers who have 

come to rely on audio description. 

Consistent with the approach in the 

2020 Audio Description Order, we 

expect stations in a DMA that was not 

in the top 90 markets as of January 1, 

2020, but is in the top 90 markets as of 

January 1, 2023, to come into 

compliance with the audio description 

rules by the compliance deadline for 

DMAs 91 through 100.19

11. Finally, we affirm the tentative 

conclusion in the 2023 Audio 

Description FNPRM that ‘‘sections 

79.3(d) and 1.3 provide a sufficient 

mechanism for entities seeking relief 

from any expansion of the audio 

description rules to additional DMAs.’’ 

ACA Connects—America’s 

Communications Association states that 

its support for the proposed expansion 

of the audio description requirements is 

conditioned upon the Commission 

adopting its proposals regarding 

exemption petitions and waivers. 

According to ACA Connects, ‘‘the costs 

of compliance with the audio 

description rules may be most difficult 

to absorb by small MVPDs and/or 

MVPDs operating in the smallest market 

areas,’’ and thus, such entities may need 

relief in the form of either an exemption 

due to economic burden or a waiver for 

a different reason.20 We find that the 


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already are required to have the equipment and 

infrastructure necessary to deliver a secondary 

audio stream for purposes of the emergency 

information requirements, without exception for 

technical capability or market size. ACA Connects 

states that there are ‘‘some practical limitations’’ 

even where the audio description rules already 

apply, including ‘‘the amount of programming 

encoded with audio description’’ and ‘‘the 

availability of a secondary audio programming 

(SAP) channel to carry the audio description.’’ ACA 

Connects acknowledges that MVPDs are making 

progress in this area ‘‘as they replace legacy 

equipment and as the industry finds new solutions 

to facilitate distribution of multiple audio streams.’’ 

In the rare instance that an MVPD in the expanded 

markets finds that it is unable to comply with the 

requirements by the time the relevant market is 

subject to the applicable phased compliance 

deadline, we agree with ACA Connects that the 

existing exemption and waiver procedures will 

suffice. 

21The term ‘‘video programming provider’’ 

includes MVPDs. 

22The term ‘‘economically burdensome’’ means 

imposing significant difficulty or expense, and the 

Commission considers the following factors in 

determining whether the requirements for audio 

description would be economically burdensome: (i) 

the nature and cost of providing audio description 

of the programming; (ii) the impact on the operation 

of the video programming provider; (iii) the 

financial resources of the video programming 

provider; and (iv) the type of operations of the 

video programming provider. In addition, the 

Commission considers any other factors the 

petitioner deems relevant to the determination and 

any available alternative that might constitute a 

reasonable substitute for the audio description 

requirements, and it evaluates economic burden 

with regard to the individual outlet. In the First 

Report, the Bureau stated its belief ‘‘that the ability 

to seek an exemption on the basis of economic 

burden should alleviate the potential for undue cost 

burdens on covered entities, particularly when the 

rules go into effect for broadcast stations in 

television markets ranked 26 through 60 in 2015.’’ 

We support this finding. 

23 47 U.S.C. 613(f)(4)(C)(iv)(II). 

24We note that commenters raise additional 

issues that are outside the scope of this Order and 

thus not addressed here. Such proposals include 

the availability of customer service agents with 

knowledge of audio description, the idea of 

‘‘encourag[ing] entities to support the success of the 

expansion by informing viewers of the new 

availability of audio description and how to access 

it,’’ and a requested increase in the amount of 

audio-described content. See ACB Comments at 3; 

AFB Comments at 4; Arona Rosegold Reply; 2020 

Audio Description Order. 

25The two DMAs are (1) Paducah-Cape 

Girardeau-Harrisburg (moved from DMA 84 to DMA 

92) and (2) Cedar Rapids-Waterloo-Iowa City and 

Dubuque (moved from DMA 90 to DMA 93). 

26The Commission will file a non-substantive 

modification to the information collection that 

contains § 79.3 (OMB 3060–1148), to clarify that the 

audio description requirements have been extended 

to DMAs 101 through 210. 

existing exemption and waiver 

procedures will be sufficient to address 

this concern. Specifically, section 79.3 

of the Commission’s rules governs 

petitions for exemption due to economic 

burden, and section 1.3 governs waivers 

of the Commission’s rules generally. 

Under section 79.3(d), a video 

programming provider 21 may petition 

the Commission for a full or partial 

exemption from the audio description 

requirements upon a showing that they 

are economically burdensome.22 The 

CVAA provides that if an expansion of 

the audio description rules to additional 

DMAs occurs, ‘‘the Commission may 

grant waivers to entities in specific 

[DMAs] where it deems appropriate.’’ 23

While section 79.3(d) applies to 

instances in which an entity seeks to 

demonstrate that the extension to 

additional DMAs is economically 

burdensome, the CVAA specifically 

references waivers as a means of relief, 

which differs from the exemptions 

available under section 79.3(d). Hence, 

if an entity impacted by the extension 

believes it needs relief for some reason 

other than economic burden, it may 

seek a waiver under section 1.3.24

12. Final Regulatory Flexibility 

Analysis. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), the Commission has prepared a 

Final Regulatory Flexibility Analysis 

(FRFA) relating to the Second Report 

and Order. In summary, the Second 

Report and Order expands the audio 

description requirements by phasing 

them in for an additional 10 designated 

market areas (DMAs) each year until all 

DMAs are included. The action is 

authorized pursuant to the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010, Public Law 

111–260, 124 Stat. 2751, and section 

713 of the Communications Act of 1934, 

as amended, 47 U.S.C. 613. The types of 

small entities that may be affected by 

the action fall within the following 

categories: Television Broadcasting, 

Wired Telecommunications Carriers, 

Cable and Other Subscription 

Programming, Cable Companies and 

Systems (Rate Regulation), Cable System 

Operators (Telecom Act Standard), and 

Direct Broadcast Satellite (DBS) Service. 

13. The projected reporting, 

recordkeeping, and other compliance 

requirements include phasing in the 

audio description requirements for an 

additional 10 DMAs each year, 

beginning with DMAs 101 through 110 

on January 1, 2025 and continuing until 

all 210 DMAs are covered, which will 

be on January 1, 2035. The substance of 

the audio description requirements will 

not change, but rather, this will be an 

expansion of the DMAs in which 

broadcast television stations in those 

additional markets are required to 

comply with the requirements. The 

extension to additional DMAs will be 

based on an updated Nielsen 

determination, with the revised rules 

applying to the relevant DMAs as 

determined by the Nielsen company as 

of January 1, 2023. There are two DMAs 

that are in the top 90 DMAs utilizing the 

Nielsen figures as of January 1, 2020, 

that will fall within the later deadline 

for DMAs 91 through 100 utilizing the 

Nielsen figures as of January 1, 2023.25

To avoid any consumer confusion, 

stations in those DMAs must continue 

complying with the audio description 

requirements during any gap between 

the effective date of the new rules and 

the January 1, 2024 application of the 

rules to DMAs 91 through 100. 

14. The Chief Counsel for Advocacy 

of the Small Business Administration 

(SBA) did not file any comments in 

response to the proposed rules in this 

proceeding. 

15. The Commission considered 

alternatives and adopted certain 

proposals that will minimize the impact 

of the rules on small entities. First, by 

continuing the phase-in by extending 

the requirements to an additional 10 

DMAs per year, the Commission will 

ensure that the smallest DMAs have the 

longest timeframe for compliance. In the 

2023 Audio Description FNPRM, the 

Commission sought comment on 

whether it should phase in a smaller 

subset of DMAs, and whether the 

Commission should consider expanding 

to a smaller number of DMAs each year, 

such as five. While either such alternate 

approach could have mitigated the costs 

of the expansion, no commenter 

supports the alternate approaches, and 

one commenter expresses concern that a 

slower expansion would increase the 

equity gap that exists in smaller 

communities. Second, to the extent any 

entity in DMAs 101 through 210 finds 

that it is unable to comply with the 

expansion due to economic burden, it 

may file a petition for an exemption due 

to economic burden in accordance with 

section 79.3(d). Stations and MVPDs, 

including small entities, that need relief 

for some reason other than an economic 

burden may also request a waiver under 

section 1.3. We conclude that sections 

79.3(d) and 1.3 provide a sufficient 

mechanism for entities, including 

smaller entities, seeking relief from the 

expansion of the audio description rules 

to additional DMAs. 

16. Paperwork Reduction Act. The 

Second Report and Order does not 

contain new or substantively revised 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13 (44 U.S.C. 

3501–3520).26 In addition, therefore, it 

does not contain any new or modified 

‘‘information collection burden for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). This document may contain 


ddrumheller on DSK120RN23PROD with RULES1
73762 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Rules and Regulations 

non-substantive modifications to 

approved information collection(s). Any 

such modifications will be submitted to 

OMB for review pursuant to OMB’s nonsubstantive modification process. 

17. Ordering Clauses. Accordingly, it 

is ordered that, pursuant to the TwentyFirst Century Communications and 

Video Accessibility Act of 2010, Public 

Law 111–260, 124 Stat. 2751, and the 

authority contained in Section 713 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 613, this Second 

Report and Order is hereby adopted. 

18. It is further ordered that part 79 

of the Commission’s rules, 47 CFR part 

79, is amended as set forth in the Final 

Rules below, and such rule amendments 

shall be effective thirty (30) days after 

the date of publication in the Federal 

Register. The amendments to part 79 

may contain non-substantive 

modifications to information collection 

requirements that will be submitted to 

the Office of Management and Budget 

for approval. 

19. It is further ordered that the 

Commission’s Office of the Secretary, 

Reference Information Center, shall 

send a copy of this Second Report and 

Order, including the Final Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

20. It is further ordered that the 

Commission shall send a copy of this 

Second Report and Order in a report to 

be sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 79 

Communications equipment, 

Television broadcasters. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 79 to 

read as follows: 

PART 79—ACCESSIBILITY 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, 330, 544a, 613, 617. 

■ 2. Amend § 79.3 by revising paragraph 

(b)(1) to read as follows: 

§ 79.3 Audio description of video 

programming. 

* * * * * 

(b) * * * 

(1) Commercial television broadcast 

stations that are affiliated with one of 

the top four commercial television 

broadcast networks (ABC, CBS, Fox, and 

NBC), and that are licensed to a 

community located in the top 90 DMAs, 

as determined by The Nielsen Company 

as of January 1, 2023, must provide 50 

hours of audio description per calendar 

quarter, either during prime time or on 

children’s programming, and 37.5 

additional hours of audio description 

per calendar quarter between 6 a.m. and 

11:59 p.m. local time, on each 

programming stream on which they 

carry one of the top four commercial 

television broadcast networks. If a 

previously unaffiliated station in one of 

these markets becomes affiliated with 

one of these networks, it must begin 

compliance with these requirements no 

later than three months after the 

affiliation agreement is finalized. On 

January 1, 2024, and on January 1 each 

year thereafter until January 1, 2035, the 

requirements of this paragraph (b)(1) 

shall extend to the next 10 largest DMAs 

as determined by The Nielsen Company 

as of January 1, 2023, as follows: On 

January 1, 2024, the requirements shall 

extend to DMAs 91 through 100; on 

January 1, 2025, the requirements shall 

extend to DMAs 101 through 110; on 

January 1, 2026, the requirements shall 

extend to DMAs 111 through 120; on 

January 1, 2027, the requirements shall 

extend to DMAs 121 through 130; on 

January 1, 2028, the requirements shall 

extend to DMAs 131 through 140; on 

January 1, 2029, the requirements shall 

extend to DMAs 141 through 150; on 

January 1, 2030, the requirements shall 

extend to DMAs 151 through 160; on 

January 1, 2031, the requirements shall 

extend to DMAs 161 through 170; on 

January 1, 2032, the requirements shall 

extend to DMAs 171 through 180; on 

January 1, 2033, the requirements shall 

extend to DMAs 181 through 190; on 

January 1, 2034, the requirements shall 

extend to DMAs 191 through 200; and 

on January 1, 2035, the requirements 

shall extend to DMAs 201 through 210; 

* * * * * 

[FR Doc. 2023–23760 Filed 10–26–23; 8:45 am] 

BILLING CODE 6712–01–P 


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