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Seek Comment on ESA Waiver Request of ACS Rules

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Released: May 15, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th Street, S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-760

Released: May 15, 2012




CG Docket No. 10-213

Comments Due: June 14, 2012
Reply Comments Due: June 25, 2012

The Entertainment Software Association (ESA), pursuant to section 716(h)(1) of the Communications Act of
1934, as amended (the Act), 47 U.S.C. § 617(h)(1), and sections 1.3 and 14.5 of the Commission’s rules, 47
C.F.R. §§ 1.3 and 14.5, has filed a petition for a class waiver of the Commission’s requirements for access to
advanced communications services (ACS) and equipment by people with disabilities. ESA seeks a waiver for
three classes of equipment: (i) game consoles, both home and handheld, and their peripherals and integrated
online networks, which ESA states are designed for multiple entertainment purposes with a primary purpose
of playing games; (ii) game distribution and online game play services, which ESA states are designed for the
primary purpose of distributing game software or enabling online game play across a network, regardless of
the device from which it is accessed; and (iii) game software that ESA says is designed for the primary
purpose of game play. According to ESA, ACS-type features, where they exist in game industry products and
services are subordinate to, and typically used to enhance and support the primary purpose of game play
rather than ACS, and therefore qualify for a waiver from the Commission’s ACS rules.
Pursuant to section 14.5(d) of the Commission’s rules, 47 C.F.R. § 14.5(d), comments and oppositions are
due within 30 days from the date of this Public Notice. Reply comments are due within 10 days after the time
for filing comments and oppositions has expired.
Permit-but-Disclose. The proceeding this Public Notice initiates shall be treated as a “permit-but-disclose”
proceeding in accordance with the Commission’s ex parte rules.1 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 arguments 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

1 47 C.F.R. §§ 1.1200 et seq.

written ex parte presentations and must be filed consistent with rule 1.1206(b). 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). 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 and reply comments may be filed using the Commission’s Electronic
Comment Filing System (“ECFS”)2 by accessing
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.
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.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must
be delivered to FCC Headquarters at 445 12th 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.
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.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
Availability of Documents. Comments, reply comments, and ex parte submissions will be available for
public inspection during regular business hours in the FCC Reference Center, Federal Communications
Commission, 445 12th Street, S.W., CY-A257, Washington, D.C., 20554. These documents will also be
available via ECFS. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe
People with Disabilities. To request materials in accessible formats for people with disabilities (Braille, large
print, electronic files, audio format), send an e-mail to or call the Consumer & Governmental
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). This Public Notice can also be downloaded in
Word and Portable Document Format at
Additional Information. For additional information on this proceeding, please contact Eliot Greenwald,
(202) 418-2235,or e-mail; or Rosaline Crawford, (202) 418-2075 or e-mail, of the Consumer and Governmental Affairs Bureau.

2 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

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