[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Proposed Rules]
[Pages 2781-2782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1498]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 76
[MM Docket No. 95-176, DA 96-53]
Television Services; Cable Television Services; Closed Captioning
and Video Description of Video Programming
AGENCY: Federal Communications Commission.
ACTION: Notice of Inquiry; extension of comment and reply comment
period.
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SUMMARY: This action extends the deadline for filing comments and reply
comments to the Notice of Inquiry in the above-cited docket. It is
taken in response to requests to extend the comment and reply comment
period made by the National Association of Broadcasters, the
Association of Independent Stations, Inc., Capital Cities/ABC, Inc.,
CBS Inc., Fox Broadcasting, and NBC, Inc., and by The National
Association of the Deaf. The intended effect of this action is to allow
the parties to the proceeding to have additional time in which to file
comments and reply comments.
DATES: Comments are due on or before February 28, 1996, and reply
comments are due on or before March 15, 1996.
ADDRESSES: Federal Communications Commission, Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT: Robert Somers (202-418-2130) or
Charles Logan (202-418-2130), Mass Media Bureau.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Order Granting
Extension of the Time for Filing Comments in MM Docket No. 95-176, DA
96-53, adopted January 22, 1996 and released January 22, 1996. The
complete text of this Order is available for inspection and copying
during normal business hours in the FCC Reference Center (Room 239),
1919 M Street, N.W., Washington, D.C., and also may be purchased from
the Commission's copy contractor, International Transcription Service,
(202) 857-3800, 2100 M Street NW., Suite 140, Washington, DC 20037.
Synopsis of Order Granting Extension of Time for Filing Comments
1. On December 1, 1995, the Commission adopted a Notice of Inquiry
in MM Docket No. 95-176 (NOI), FCC-95-484, 60 FR 65052 (December 18,
1995), seeking comment on a wide variety of issues relating to closed
captioning and video description services. Comments were initially due
to be filed by January 29, 1996, and reply comments by February 14,
1996.
2. On January 16, 1996, a Motion to Extend the Comment Period was
filed by the National Association of Broadcasters, the Association of
Independent Television Stations, Inc., Capital Cities/ABC, Inc., CBS
Inc., Fox Broadcasting Company, and the National Broadcasting Company,
Inc. (collectively referred to as ``Broadcasters''). Broadcasters point
out that both the House and Senate have passed versions of
telecommunications legislation that would require the Commission to
adopt new rules requiring closed captioning of most television
programming. See NOI at Paras. 7-8, 25-31. They claim that the
information the Commission will need to gather will vary significantly
depending on whether any such
[[Page 2782]]
legislation is enacted. They argue that ``the resources of both
Broadcasters and the Commission would be poorly used in preparing and
considering comments raised in the [NOI] when a second set of comments
would almost certainly have to be sought on similar issues if Congress
adopts the captioning legislation.'' Accordingly, Broadcasters request
the Commission to extend the filing date for comments in this
proceeding until 30 days after the date of enactment of the
Telecommunications Act of 1995, or--if Congress fails to adopt a bill--
until a further order of the Commission.1
\1\ Broadcasters request in the alternative that the Commission
extend the comment deadlines by 30 days.
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3. On January 17, 1996, The National Association of the Deaf (NAD)
requested that the Commission extend the due date for filing comments
and reply comments in this proceeding by 30 days. In support of its
request, NAD argues that the occurrence of certain events make meeting
the existing deadlines extremely difficult, if not impossible. First,
NAD notes that Gallaudet University announced the closing of the
National Center for Law and Deafness (Law Center), effective January
19, 1996. The Law Center, which NAD states has played a key role in
coordinating and preparing comments on Commission proceedings affecting
telecommunications and television access, was given only seven weeks
notice of its closing date after being in operation for twenty years.
NAD claims that because the time allotted for shutting down the Law
Center and transferring its operations was so short, the Law Center had
little or no time to begin to address the matters raised in the NOI.
NAD states that it will be assuming the role formerly filled by the Law
Center in addressing telecommunications matters raised by the
Commission. Second, NAD notes that the severe winter snow storm that
struck the Northeast forced closure of many private and governmental
offices for approximately the entire week of January 8-12, 1996,
impeding NAD's ability to gather the information needed for a proper
response to the NOI. Finally, the partial closure of the Federal
government resulted in a furlough of employees at several governmental
agencies, including the Department of Education, which may have
relevant information to file in connection with this proceeding.2
\2\ NAD also supports its request with the argument that ``many
individuals were out of town or otherwise unavailable'' during the
Christmas holidays. We do not believe that this fact provides any
justification for an extension of the comment period.
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4. We decline to grant Broadcasters' request for an indefinite
extension pending developments on the pending telecommunications reform
legislation. While we understand that further comments may ultimately
be necessary, we believe that submission of the information sought by
the NOI will provide a useful foundation for further Commission action
whether or not that legislation is enacted. The Commission will be able
to expedite the implementation of any legislation that becomes law and
accelerate completion of any further proceedings the Commission may be
required by the legislation to conduct on both closed captioning and
video description. Further, the comments submitted should provide us
with information that would be useful in preparing any Notice of
Proposed Rule Making that might be necessary to implement the
legislation. If the legislation is not enacted, the record in this
proceeding will enable the Commission to ``assess the possibility of
adopting regulatory requirements in this area under its existing
statutory authority.'' NOI at para. 26.
5. With regard to NAD's request for an extension, we are mindful
that Section 1.46 of the Commission's Rules, 47 CFR Sec. 1.46,
articulates a Commission policy that extensions of time for filing
comments in rulemaking proceedings are not to be routinely granted.
Nevertheless, we find that good cause exists for granting a short
extension of the comment and reply comment deadlines. We take note of
the following factors which, viewed in their totality, we believe
warrant grant of a 30-day extension: (1) the abrupt closing of the Law
Center at Gallaudet University, and the need for its successor
organization, NAD, to gather comprehensive information on short notice;
(2) the unusually severe winter storms, which have recently stalled
mail deliveries, disrupted transit, and forced many workplaces to close
for up to a week, and have therefore complicated efforts to prepare
comments, particularly for those parties whose comments required
coordination among multiple entities or persons; and (3) the partial
federal government closure, which has made it difficult for parties to
gather from agencies relevant information regarding closed captioning
and video description services.
6. Accordingly, it is ordered, that the request filed by the
National Association of the Deaf for an extension of time in which to
file comments and reply comments in response to the Notice of Inquiry
in MM Docket No. 95-176 IS GRANTED to the extent indicated herein. It
is further ordered that the request of the National Association of
Broadcasters, et al., for an extension contingent on the passage of the
pending telecommunications legislation is denied.
7. It is further ordered, that the time for filing comments in the
above- captioned proceeding is extended to February 28, 1996, and the
time for filing reply comments is extended to March 15, 1996.
8. This action is taken pursuant to authority found in Sections
4(i) and 303(r) of the Communications Act of 1934, as amended, 47
U.S.C. Secs. 154(i) and 303(r), and Sections 0.204(b), 0.283 and 1.45
of the Commission's Rules, 47 CFR Secs. 0.204(b), 0.283 and 1.45.
Federal Communications Commission.
Renee Licht,
Deputy Chief, Policy Mass Media Bureau.
[FR Doc. 96-1498 Filed 1-26-96; 8:45 am]
BILLING CODE 6712-01-P
