PUBLIC NOTICE Federal Communications Commission 445 12 th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: https://www.fcc.gov TTY: 1-888-835-5322 DA 17-37 Released: January 10, 2017 REQUEST FOR COMMENT PETITION FOR WAIVER OF REGISTRATION AND CERTIFICATION REQUIREMENT OF CLOSED CAPTIONING RULES CG Docket No. 05-231 Comments Due: February 9, 2017 Reply Comments Due: February 24, 2017 This Public Notice seeks comment on a petition filed by the Alliance for Community Media (ACM) for waiver of certain Commission registration and certification requirements for video programmers that provide video programming exclusively to public, educational, and governmental access channels (PEG channels), to the extent that such channels are exempt from the provision of closed captioning under the Commission’s rules. 1 Specifically, ACM requests waiver of the requirements for this class of video programmers to register contact information with the Commission and to certify to the Commission that their programs are exempt from the closed captioning rules. 2 According to ACM, PEG channels generally fall within one or more of the exemption categories, including channels or streams producing revenues of less than $3,000,000. 3 As grounds for its waiver petition, ACM states that the certification rule will burden many thousands of PEG video programming providers. 4 Ex Parte Rules. The proceeding this Public Notice initiates shall be treated as a “permit-but- disclose” proceeding in accordance with the Commission’s ex parte rules. 5 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or 1 ACM Petition for Waiver of Registration and Certification Requirement, CG Docket No. 05-231 (filed Aug. 26, 2016) (ACM Petition), available at: https://www.fcc.gov/ecfs/filing/10825083956243. PEG channels are authorized by section 611 of the Communications Act of 1934, as amended (Act), which permits cable franchising authorities to “establish requirements in a franchise with respect to designation or use of channel capacity for public, educational, or governmental use. . . .” 47 U.S.C. § 531(a). A video programmer is “[a]ny 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.” 47 CFR § 79.1(a)(9). 2 See 47 CFR § 79.1(i)(3) (requiring video programmers to register contact information), (m)(2) (requiring video programmers to submit certifications if all of their programs are exempt, and to specify each category of exemption claimed). 3 ACM Petition at 2 n.3. 4 ACM Petition at 2. 5 47 CFR § 1.1200 et seq. 2arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). 6 In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 7 Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. Filing Instructions. Interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. ? Electronic Filers: Comments, oppositions, or reply comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) at https://www.fcc.gov/ecfs/filings. 8 ? Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. o 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. o All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12 th Street, SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. o 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. o U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12 th Street, SW, Washington, DC 20554. People with Disabilities. To request materials in accessible formats (such as 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), 844-432-2275 (videophone), or 202-418-0432 (TTY). This Public Notice can also be downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro. Additional Information. For additional information on this proceeding, please contact Eliot Greenwald, Disability Rights Office, Consumer and Governmental Affairs Bureau, at 202-418-2235 or e-mail mailto:Eliot.Greenwald@fcc.gov. -FCC- 6 47 CFR § 1.1206(b). 7 47 CFR § 1.49(f). 8 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (May 1, 1998).