The Commission grants Snap Telecommunications, Inc.'s (Snap) and Verizon's request for a temporary waiver of the speed dialing requirement for Video Relay Service (VRS). Consequently, the Commission extends the waiver of the speed dialing requirement for VRS providers through April 30, 2008.

Notice is hereby given that the states listed below have applied to the Commission for renewal of the certification of their State Telecommunications Relay Service (TRS) program pursuant to Title IV of the Americans with Disabilities Act (ADA), 47 U.S.C. § 225, and the Commission's rules, 47 C.F.R. §§ 64.601-605. Current state certifications expire July 25, 2008. Applications for certification, covering the five year period from July 26, 2008 to July 25, 2013, must demonstrate that the state TRS program complies with Section 225 and the Commission's rules governing the provision of TRS. The notice seeks public comment on the following state applications for certification, which can be found on the Commission's website at http://www.fcc.gov/cgb/dro/trs_by_state.html:

Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, Saipan, South Carolina, South Dakota, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

The Consumer & Governmental Affairs Bureau seeks comment on Hawk Relay, LLC's December 21, 2007 Request for Clarification that Internet Protocol Speech-to-Speech Relay Service (IP STS) is a form of TRS eligible for compensation from the Interstate TRS Fund. In addition, assuming that IP STS qualifies as a TRS under section 225(a)(3) of the Communications Act of 1934, the Bureau seeks comment on the jurisdictional separation of cost, the applicability of the TRS mandatory minimum standards, and on any other issues relevant to the provision of IP STS.

The Order adopts a revised Interstate Telecommunications Relay Service (TRS) Fund size and carrier contribution factor for the July 2007 to June 2008 Fund year. As set forth, the revised Fund size is $636,736,491.75, and the revised carrier contribution factor is 0.00819.

The Order grants a request to stay the effectiveness of paragraph 95 and 96 of the 2007 TRS Cost Recovery Declaratory Ruling, which restrict telecommunications relay service (TRS) providers from using consumer or call databases to contact TRS users. For the reasons set forth herein, the Commission finds that good cause has been shown to stay the effectiveness of these paragraphs for 90 days, starting the date of release of the Order, pending further Commission review.

In the January 2007 IP CTS Declaratory Ruling, the Commission recognized Internet Protocol (IP) captioned telephone service (IP CTS) as a form of telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund (Fund). Because the Consumer & Governmental Affairs Bureau (CGB) has received questions concerning the manner in which IP CTS providers may be eligible for compensation from the Fund, CGB issues this clarification. To establish such eligibility, IP CTS providers must either: (1) seek certification from the Commission pursuant to 47 C.F.R. § 64.605; (2) become part of a certified state program; or (3) subcontract with an entity that is part of a certified state program. CGB also clarifies that an IP CTS provider seeking compensation from the Fund must notify the Interstate TRS Fund administrator 30 days prior to the date they submit minutes for payment.

By this Public Notice, the Commission seeks to refresh the record on the numbering issue identified in the Interoperability FNPRM, which was released on May 9, 2006, regarding feasibility of establishment of a ten-digit telephone numbering system for Video Relay Service. Specifically, the Commission seeks to ensure that the record reflects current viewpoints and any recent technical, economic, and administrative developments relevant to establishing a numbering system for IP-based TRS.

Because of the importance of emergency call handling for all Americans, in the Report and Order, the Commission adopts interim emergency call handling requirements for Internet-based TRS providers. These measures will ensure that persons using Internet-based forms of TRS can promptly access emergency services pending the development of a technological solution that will permit Internet-based TRS providers to automatically determine the geographic location of the consumer and place the outbound leg of an emergency call to an appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority. These actions reinforce the Commission's longstanding and continuing commitment to make available a nationwide communications system that promotes the safety and welfare of all Americans, including individuals with hearing and speech disabilities.

In this Order, the Consumer & Governmental Affairs Bureau (Bureau) extends and modifies the waivers granted in the October 2007 Order and Notice as they apply to interconnected VoIP providers and traditional TRS providers. First, the Bureau grants interconnected VoIP providers a waiver until March 31, 2009, of the requirement to route 711-dialed calls to an appropriate relay center, but only in the context of 711-dialed calls in which the calling party's telephone number may not reflect his or her geographic location (because the caller is using a "non-geographically relevant" telephone number or a "nomadic" interconnected VoIP service). In doing so, the Bureau grants, to the extent described herein, the petition for extension of time filed by Qwest Communications Corporation. Second, the Bureau grants traditional TRS providers an extension of time, until March 31, 2009, to fulfill their obligation to implement a system to automatically and immediately call an appropriate PSAP when receiving an emergency 711-dialed call via an interconnected VoIP service. During the pendency of these waivers, TRS providers that cannot automatically and immediately route to an appropriate PSAP the outbound leg of an emergency 711-dialed call placed via TTY by an interconnected VoIP user, as required by section 64.604(a)(4), must implement a manual system for doing so, to the extent feasible, that accomplishes the proper routing of emergency 711-dialed calls as efficiently as possible.

The Federal Communications Commission (FCC) has announced that it will hold a stakeholder workshop on solutions for implementing a ten-digit numbering plan for the Internet-based forms of telecommunications relay service (TRS), including Video Relay Service (VRS) and IP Relay. The workshop will take place on Tuesday, April 29, 2008, and will begin at 9:30 a.m. and will continue into the afternoon. The workshop will take into account consumer perspectives, and will address technical and operational issues relating to the implementation and administration of a ten-digit numbering plan linked to the North American Numbering Plan for Internet-based TRS services.

On March 19, 2008, the Commission released a Report and Order, (FCC 08-78), in the above-captioned proceeding. This Erratum corrects the Report and Order as follows:

1. First sentence of paragraph 3 in Appendix B is amended to read as follows: Current Sections 64.605, 64.606, 64.607, and 64.608 are re-designated as Sections 64.606, 64.607, 64.608, and 64.609, respectively, and a new Section 64.605 is added as follows:
2. In the text of Sections 64.603(a), 64.603(b), 64.604(c)(5)(ii), 64.604(c)(5)(iii)(F)(1), 64.604(c)(5)(iii)(F)(4), 64.604(c)(6)(i), and 64.604(c)(6)(iii)(B), replace the internal cross references to "§ 64.605" with "§ 64.606."
3. In the text of the newly re-designated Section 64.609, replace the internal cross reference to "§§ 64.606 and 64.607" with "§§ 64.607 and 64.608."

The Commission has released the agenda for the April 29, 2008, Stakeholder Workshop on solutions for implementing a ten-digit numbering plan for Internet-based forms of telecommunications relay service (TRS), including Video Relay Service (VRS) and IP Relay. The Stakeholder Workshop will run from 9:30 a.m. to 3:30 p.m. at FCC Headquarters, 445 12th St., SW, Washington, DC. The agenda is attached.

Participants will include industry stakeholders, consumer advocates, technical experts, and emergency call handling representatives. The Stakeholder Workshop is open to the public and seating will be available on a first-come, first-served basis.

The Stakeholder Workshop will be webcast live and also archived for later viewing. Access to the webcast, and additional information concerning the webcast, is available at http://www.fcc.gov/realaudio/. Open captioning will be provided for the webcast. During the workshop, the public can e-mail questions for the participants to numberingworkshop@fcc.gov.

On May 1, 2008, pursuant to 47 C.F.R. § 64.604(c)(5)(iii)(H), the National Exchange Carrier Association (NECA), the Interstate Telecommunications Relay Services (TRS) Fund Administrator, submitted its annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2008, through June 30, 2009.

NECA proposes per minute compensation rates based on the new rate calculation methodologies established in the 2007 TRS Rate Methodology Order. These calculations result in the following proposed rates: $1.5938 for interstate traditional TRS; $2.7248 for interstate Speech-to-Speech (STS); $1.6569 for interstate captioned telephone service (CTS) and interstate and intrastate Internet Protocol (IP) captioned telephone service (IP CTS); $1.2865 for interstate and intrastate IP Relay; and tiered rates of $6.7362 for the first 50,000 monthly minutes, $6.4675 for monthly minutes between 50,001 and 500,000, and $6.2685 for minutes above 500,000 for interstate and intrastate Video Relay Service (VRS).

Based on these rates, NECA proposes a carrier contribution factor of 0.01012, and a Fund size requirement of $805.5 million.

The Consumer and Governmental Affairs Bureau seeks comment on NECA's proposed compensation rates for traditional TRS, STS, CTS and IP CTS, IP Relay, and VRS for the period of July 1, 2008, through June 30, 2009, as well as the proposed carrier contribution factor and Fund size requirement.

In paragraphs 95 and 96 of the 2007 TRS Cost Recovery Declaratory Ruling, the Commission restricted telecommunications relay service (TRS) providers from using consumer or call databases to contact TRS users. On February 7, 2008, the Commission's Consumer & Governmental Affairs Bureau (Bureau) granted a request to stay the effectiveness of these paragraphs for 90 days, pending further Commission review. In this Order, the Bureau extends the stay of paragraphs 95 and 96, which is set to expire after May 7, 2008, until May 28, 2008, to afford the Commission sufficient time to complete its review of this matter.

In the Declaratory Ruling, the Commission finds that the clarifications set forth above will help ensure that the limits of the federal TRS program are observed, without placing undue restrictions on provider-user communications. In particular, by prohibiting the use of consumer or call database information that is obtained through the provision of federally funded relay services, and the use of funds obtained from the Interstate TRS Fund for purposes unrelated to the handling of relay calls, the Commission concludes that the restrictions on provider-user communications, as clarified herein, will better serve the goals of the Interstate TRS Fund without interfering with day-to-day contacts between providers and consumers that are necessary to the proper handling of relay calls.

In the Notice of Proposed Rulemaking (Notice), the Commission seeks comment on several issues concerning the provision of Speech-to-Speech (STS), a form of telecommunications relay service (TRS). First, the Commission seeks comment on whether it should amend the TRS regulations to require that the CA handling an STS call stay with the call for a minimum of 20 minutes. Second, the Commission seeks comment on whether the Commission should amend its TRS rules to require that STS providers offer the STS user the option of having her or his voice muted so that the other party to the call would only hear the STS CA re-voicing the call, not the voice of the STS user as well. Finally, the Commission seeks comment on ways we can ensure that STS users calling 711, the nationwide access code for state relay providers, will promptly reach an STS CA to handle their calls, including, for example, requiring TRS providers to use an interactive menu that allows the user to reach an STS CA as the first option.

In addition, the Commission seeks comment on various issues with respect to Internet Protocol (IP) STS (IP STS). In December 2007, Hawk Relay filed a request for clarification that IP STS is a form of TRS eligible for compensation from the Fund. The Commission tentatively concludes that IP STS is a form of TRS compensable from the Fund. The Commission seeks comment on this tentative conclusion, and related issues relevant to the provision, regulation, and compensation of IP STS.

In this Report and Order (Order), the Commission adopts a system for assigning users of Internet-based Telecommunications Relay Services (TRS), specifically Video Relay Service (VRS) and Internet Protocol (IP) Relay, ten-digit telephone numbers linked to the North American Numbering Plan (NANP). The numbering system adopted herein will further the functional equivalency mandate by ensuring that Internet-based TRS users can be reached by voice telephone users in the same way that voice telephone users are called. The measures the Commission adopts also are intended to ensure that emergency calls placed by Internet-based TRS users will be routed directly and automatically to the appropriate emergency services authorities by Internet-based TRS providers. Consistent with the Interim Emergency Call Handling Order, the Commission requires that the ten-digit numbering plan set forth herein be implemented no later than December 31, 2008.

In the accompanying Further Notice of Proposed Rulemaking (Further Notice), the Commission seeks comment on additional issues relating to the assignment and administration of ten-digit telephone numbers for Internet-based TRS.

On May 1, 2008, the National Exchange Carrier Association, Inc. (NECA), the Interstate Telecommunications Relay Services (TRS) Fund Administrator, filed its annual Interstate Telecommunications Relay Services Fund Payment Formula and Fund Size Estimate for the period of July 1, 2008, through June 30, 2009. In its filing, NECA proposes the following rates: $1.5938 per minute for interstate traditional TRS; $2.7248 per minute for interstate Speech-to-Speech (STS); $1.6569 per minute for interstate captioned telephone service (CTS) and intrastate and interstate Internet Protocol (IP) captioned telephone service (IP CTS); $1.2865 per minute for intrastate and interstate IP Relay; and tiered rates of $6.7362 for the first 50,000 monthly minutes, $6.4675 for monthly minutes between 50,001 and 500,000, and $6.2685 for minutes above 500,000 for intrastate and interstate Video Relay Service (VRS). Based on these rates, NECA proposes a carrier contribution factor of 0.01012, and a Fund size requirement of approximately $805.5 million. As set forth, the Commission adopts the proposed rates, carrier contribution factor, and Interstate TRS Fund (Fund) size.

The Consumer and Governmental Affairs Bureau (Bureau) has received requests for guidance concerning the transferability of Federal Communications Commission (Commission) certification of Internet-based TRS providers as eligible for compensation from the Interstate TRS Fund (Fund), pursuant to the provider certification rules contained in section 64.605 of the Commission's rules. The Bureau clarifies that such certification is not transferable. Therefore, in the event that an entity not certified pursuant to section 64.605 purchases, acquires, or merges with another TRS provider, the acquiring or surviving provider must be certified under section 64.605 (or otherwise eligible for compensation from the Fund) before it can receive payments from the Fund. On the other hand, if an entity that is certified pursuant to section 64.605 purchases, acquires, or merges with another TRS provider, the acquiring or surviving provider need only notify the Commission of the change in its TRS program and provision of service within 60 days pursuant to section 64.605(f)(2).

Notice is hereby given that the applications for certification of Telecommunications Relay Services (TRS) programs of the states listed below have been granted, pursuant to Title IV of the Americans with Disabilities Act (ADA), 47 U.S.C. § 225(f)(2), and section 64.606(b) of the Commission's rules. On the basis of the state applications, the Consumer & Governmental Affairs Bureau has determined that: (1) the TRS program of the states meet or exceed all operational; technical, and functional minimum standards contained in section 64.604 of the Commission's rules; (2) the TRS programs of the listed states make available adequate procedures and remedies for enforcing the requirements of the state program; and (3) the TRS program of the listed states in no way conflict with federal law.

Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

This certification, as conditioned herein, shall remain in effect for a five year period, beginning July 26, 2008, and ending July 25, 2013, pursuant to 47 C.F.R. § 64.606(c). One year prior to the expiration of this certification, July 25, 2012, the states may apply for renewal of their TRS programs certification by filing documentation in accordance with the Commission's rules, pursuant to 47 C.F.R. §§ 64.606(a) and (b).

On June 24, 2008, the Commission released a Report and Order (Order)adopting a system for assigning North American Number Plan (NANP) ten-digit telephone numbers to Internet-based Telecommunications Relay Service (TRS) users. In the Order, the Commission determined that a neutral third-party administrator will build, maintain, and operate a centralized numbering directory mechanism to map the NANP telephone numbers assigned to Internet-based TRS users to an appropriate Internet address (or other appropriate endpoint identifier). As set forth in the Order, the neutral database administrator must be selected, and must construct the database, work with industry to populate the database, test the functionality of the database, and be prepared to support ten-digit numbers for Internet-based TRS users no later than December 31, 2008.

On June 25, 2008, the Commission posted a Sources Sought Announcement on the Government Wide Point of Entry (FedBizOpps), seeking a contractor capable of implementing and operating the centralized numbering directory.

Based on the results of the Sources Sought Announcement, on July 28, 2008, the Commission posted a Combined Synopsis/Solicitation as a Request for Quotation (Solicitation Number: RFQ08000022) on FedBizOpps, available at https://www.fbo.gov. Responses to the Combined Synopsis/Solicitation must be e-mailed to Arnett Rogiers, Administrative Operations, Office of the Managing Director, arnett.rogiers@fcc.gov on August 11, 2008 by 12:00 pm. Any questions regarding the Combined Synopsis/Solicitation must be e-mailed to Arnett Rogiers by 5:00 pm EDT August 1, 2008. For further information, refer to the Combined Synopsis/Solicitation, available at https://www.fbo.gov.

2007

In the Declaratory Ruling, the Commission grants a request for clarification that Internet Protocol (IP) captioned telephone relay service (IP captioned telephone service or IP CTS) is a type of telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund when offered in compliance with the applicable TRS mandatory minimum standards. The Commission also grants the request that all IP CTS calls be compensated from the Interstate TRS Fund until such time as the Commission adopts jurisdictional separation costs for this service. The Commission conditions its approval on Ultratec's representation that it will continue to license its captioned telephone technologies, including technologies relating to IP CTS, as reasonable rates.

On July 14, 2006, Snap Telecommunications, Inc. (Snap) filed a request for a temporary waiver of the interoperability requirements concerning the provision of Video Relay Service (VRS). On March 6, 2007, Snap filed a letter with the Commission stating that Snap has started providing VRS and is in compliance with the VRS interoperability requirements. Snap therefore requests that the Commission dismiss its waiver request as moot. As a result of this letter, the Consumer & Governmental Affairs Bureau hereby dismisses Snap's request for temporary waiver as moot.

On May 1, 2007, pursuant to 47 C.F.R. § 64.604(c)(5)(iii)(H), the National Exchange Carrier Association (NECA), the Interstate Telecommunications Relay Services (TRS) Fund Administrator, submitted its annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2007, through June 30, 2008.

NECA proposes per minute compensation rates based on alternative rate calculations for the various forms of TRS. These calculations result in proposed rates ranging from $1.5601 to $1.7225 for traditional TRS; $2.4954 to $3.3278 for Speech-to-Speech (STS); $1.1002 to $1.2268 for IP Relay; and $4.3480 to $6.4370 for video relay service (VRS). The alternative methodologies result in a proposed carrier contribution factor ranging form 0.0052 to 0.0075, and a Fund size requirement ranging from $397.0 million to $575.4 million. The Commission seeks comment on NECA's proposed compensation rates for traditional TRS, STS, IP Relay, and VRS for the period of July 1, 2007, through June 30, 2008, as well as the proposed carrier contribution factors and Fund size requirements.

The FCC urges merchants to use caution in handling telephone orders for goods. Merchants that accept orders made by telephone for goods and services should take steps to ensure that, for any order placed by phone, the payment method or credit card is valid and the purchaser is authorized to use the particular credit card. In addition, there are some indicia of fraudulent telephone orders or business transactions that merchants can use to help determine if an order placed by phone is legitimate. These indicia include a caller who: (1)is happy to order "whatever you have in stock"; (2) supplies multiple credit cards as one or more are declined; (3) cannot provide the credit card verification code number (the three digit number on the back of the card); (4) wants the goods shipped through a third party and/or an overseas location; (5) will not identify himself or give a company name; (6) changes delivery or payment method after an order has been approved.

The Commission has received informal complaints that people without disabilities, who are posing as deaf or hard of hearing consumers, are misusing an Internet based telecommunications relay service ("TRS" or "Relay Service") called "IP Relay" to perpetrate fraudulent business transactions, often by using stolen or fake credit cards.

The Commission also reminds merchants who accept telephone orders that they must not "hang up" on calls made through a Relay Service. Title III of the Americans with Disabilities Act of 1990 (ADA) requires merchants to ensure that people with disabilities have access to their services. Therefore, if a merchant accepts telephone orders from the general public, the merchant cannot refuse to accept calls from people who are deaf or hard of hearing or who have a speech disability who call through a Relay Service. Calls made through a Relay Service can and must be handled in the same way as any telephone call. For more information on the applicability of the ADA in this context, see generally the United States Department of Justice's ADA homepage, at www.usdoj.gov/crt/ada/adahom1.htm or contact the DOJ ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY).

The Commission has extended the disability access requirements of Sections 225 and 255 of the Communications Act, which currently apply to traditional phone services, to providers of interconnected Voice over Internet Protocol (VoIP) services and to manufacturers of specially designed equipment used to provide those services.

In this Report and Order (Order), the Commission extends the disability access requirements that currently apply to telecommunications service providers and equipment manufacturers under section 255 of the Communications Act of 1934, as amended (the Act), to providers of "interconnected voice over Internet Protocol (VoIP) services," as defined by the Commission, and to manufacturers of specially designed equipment used to provide those services. The Commission adopts this measure under our Title I ancillary jurisdiction in order to give full effect to the accessibility policies embodied in section 255, and to further our statutory mandate to make available a nationwide communications system that promotes the safety and welfare of all Americans. In addition, the Commission extends the Telecommunications Relay Services (TRS) requirements contained in our regulations, 47 C.F.R. §§ 64.601 et seq., to providers of interconnected VoIP services, pursuant to section 225(b)(1) of the Act and its Title I ancillary jurisdiction.

Among the TRS requirements that the Commission extends to interconnected VoIP providers, the Commission requires such providers to contribute to the Interstate TRS Fund (Fund) under the Commission's existing contribution rules, and to offer 711 abbreviated dialing for access to relay services. Together, these measures will ensure that, as more consumers migrate from traditional phone service to interconnected VoIP services, the disability access provisions mandated by Congress under sections 255 and 225 will apply to, and benefit users of, interconnected VoIP services and equipment.

The current TRS certifications for all states and territories will expire on July 26, 2008. Under the TRS regulations, states can apply for "renewal" one year prior to expiration, i.e., July 26, 2007. 47 C.F.R. § 64.605.

The Federal Communications Commission's Consumer & Governmental Affairs Bureau reminds states and interstate telecommunications relay services (TRS) provides that they must submit their annual consumer complaint log summaries for the 12-month period ending May 31, 2007, on or before Monday, July 2, 2007.

Pending resolution of the cost recovery methodology issues raised in the TRS Cost Recovery FNPRM (FCC 06-106, released July 20, 2006), the Commission continues the current 2006-2007 compensation rates on an interim basis until such time as new rates are adopted and effective. The present per-minute compensation rates for the various forms of TRS that will be continued are: $1.291 for interstate traditional TRS; $1.409 for interstate Speech-to-Speech; $1.291 for interstate captioned telephone service; $1.293 for interstate and intrastate IP Relay and interstate and intrastate IP CTS; and $6.644 for interstate and intrastate VRS.

On May 18, 2007, five VRS providers (Petitioners) filed a Petition for Declaratory Ruling (Petition) that Sorenson Communications, Inc.'s (Sorenson) alleged practice of using "do-not-compete" clauses in their employment contracts with VRS CAs is contrary to the public interest and therefore should be prohibited. Petitioners assert that the clause forbids VRS CAs employed with Sorenson from working with other VRS providers for a period of one year after ending their employment with Sorenson. The Commission hereby seeks comment on the Petition.

On July 16, 2007, CSDVRS, LLC (CSDVRS) filed an application for certification as a provider of Video Relay Service (VRS) eligible for compensation from the Interstate TRS Fund (Fund) pursuant to the recently adopted provider certification rules. CSDVRS's application is granted, subject to the conditions noted in the Public Notice.

The Commission has reviewed the CSDVRS Application pursuant to these rules. The Commission concludes that CSDVRS has sufficiently demonstrated that its provision of VRS service will meet or exceed all operational, technical, and functional TRS standards set forth in the Commission's rules, 47 C.F.R. § 64.604; that it makes available adequate procedures and remedies for ensuring compliance with applicable Commission rules; and that to the extent CSDVRS's service differs from the mandatory minimum standards, the service does not violate the rules.

The Commission grants CSDVRS's application subject to compliance with applicable Commission orders, including the declaratory ruling requiring the interoperability of VRS equipment and service. This certification shall remain in effect for a period of five years from the release date of the Public Notice. Within ninety days prior to the expiration of this certification, CSDVRS may apply for renewal of its VRS service certification by filing documentation in accordance with the Commission's rules.

On January 3, 2007, Hawk Relay, LLC (Hawk Relay) filed an application for certification as a provider of IP Relay and VRS eligible for compensation from the Interstate TRS Fund (Fund) pursuant to the IP Relay and VRS provider certification rules. On July 9, 2007, Hawk Relay, LLC resubmitted its application. Hawk Relay's July 9, 2007, application is granted, subject to the conditions noted in the Public Notice.

The Commission has reviewed the Hawk Relay Revised Application pursuant to these rules. The Commission concludes that Hawk Relay has adequately demonstrated that its provision of IP Relay and VRS services will meet or exceed all operational, technical, and functional TRS standards set forth in the Commission's rules, 47 C.F.R. § 64.604; that it makes available adequate procedures and remedies for ensuring compliance with applicable Commission rules; and that to the extent Hawk Relay service differs from the mandatory minimum standards, the service does not violate the rules.

The Commission grants Hawk Relay's application subject to compliance with applicable Commission orders, including the declaratory ruling requiring the interoperability of VRS equipment and service. This certification shall remain in effect for a period of five years from the release date of this Public Notice. Within ninety days prior to the expiration of this certification, Hawk Relay may apply for renewal of its IP Relay and VRS provider certification by filing documentation in accordance with the Commission's rules.

In this Order (Order), the Commission grants in part and deny in part several petitions for waiver relating to the Commission's recent VoIP TRS Order. In that order, the Commission extended the telecommunications relay service (TRS) requirements contained in Part 64 of the Commission's rules to providers of interconnected voice over Internet Protocol (VoIP) services. Among the requirements extended to interconnected VoIP providers is the obligation to offer 711 abbreviated dialing access to traditional relay services via a voice telephone or a text telephone (TTY). The petitions for waiver raise issues concerning (1) the ability of an interconnected VoIP provider to route the inbound leg of a 711 call to an appropriate TRS provider, particularly when the caller's telephone number does not correspond to the caller's actual location, and (2) the ability of a TRS provider that receives, via an interconnected VoIP service, a 711 call concerning an emergency to determine an appropriate Public Safety Answering Point (PSAP) to call.

As set forth herein, the Commission recognizes that in certain circumstances there are technical challenges to the ability of interconnected VoIP providers to route 711 calls to an appropriate relay center. Similarly, the Commission recognizes that in certain circumstances TRS providers receiving 711 emergency calls via an interconnected VoIP service may not be able to determine an appropriate PSAP to call in compliance with the TRS emergency call handling requirements. As a result, the Commission waives for six months the requirement set forth in the VoIP TRS Order that interconnected VoIP providers must transmit 711 calls to an appropriate relay provider, as defined below. The Commission also waive for six months traditional TRS providers' obligation to call to an appropriate PSAP when receiving, via interconnected VoIP service, a 711 call concerning an emergency. Further, in the Public Notice, the Commission seeks comment on the petitions for stay and/or waiver.

(73 FR 3254, January 17, 2008) - Final Rules

In July 2006, the Commission released a Further Notice of Proposed Rulemaking seeking comment on issues concerning the compensation of telecommunications relay services (TRS) providers from the Interstate TRS Fund (Fund). In the Report and Order and Declaratory Ruling (Order), the Commission: (1) adopt a new cost recovery methodology for interstate traditional TRS and interstate Speech-to-Speech (STS) based on the "MARS" plan ("Multi-state Average Rate Structure"), proposed by one of the providers; (2) adopt a new cost recovery methodology for interstate captioned telephone service (CTS) and interstate and intrastate Internet Protocol (IP) captioned telephone service (IP CTS) based on the MARS plan; (3) adopt a cost recovery methodology for Internet Protocol (IP) Relay based on price caps; (4) adopt a cost recovery methodology for Video Relay Service (VRS) that adopts tiered rates based on call volume; (5) clarify the nature and extent that certain categories of costs are compensable from the Fund; and (6) address certain issues concerning the management and oversight of the Fund, including financial incentives offered to consumers to make relay calls and the role of the Interstate TRS Fund Advisory Council.

In addition, the Commission adopts new compensation rates for these services as follows:

• For interstate traditional TRS, the Commission adopts the MARS plan rate of $1.592 per-minute based on the states' competitively bid compensation rates for intrastate traditional TRS and STS. This rate shall be effective March 1, 2008 for the remainder of the 2007-2008 Fund year.
• For interstate STS, the Commission adopts a rate of $2.723 per-minute. This rate is based on the MARS plan rate of $1.592, but includes an additional $1.131 per minute in compensation that shall be directed for outreach. This rate shall be effective March 1, 2008 for the remainder of the 2007-2008 Fund year.
• For interstate CTS and interstate and intrastate IP CTS, the Commission adopts the MARS plan rate of $1.629 per-minute based on the states' competitively bid compensation rates for intrastate captioned telephone service. This rate shall be effective March 1, 2008 for the remainder of the 2007-2008 Fund year.
• For interstate and intrastate IP Relay, the Commission adopts the rate of $1.293. This rate shall be effective March 1, 2008 for the 2007-2008 through 2009-2010 Fund years, subject to annual adjustment.
• For interstate and intrastate VRS, the Commission adopts the following rates and tiers: (1) for the first 50,000 monthly minutes: $6.77; (2) for monthly minutes between 50,001 and 500,000: $6.50; and (3) for monthly minutes above 500,000: $6.30. The VRS rates shall be effective March 1, 2008 for the 2007-2008 through 2009-2010 Fund years, subject to annual adjustment.

On May 18, 2007, Hawk Relay (Hawk) filed a Petition for Clarification that its proposed Deaf Blind Relay Service (DBRS) is a Telecommunications Relay Service (TRS) compensable from the Interstate TRS Fund. As described by Hawk, its proposed DBRS would use an interpreter (a "Communications Facilitator" (CF)) to sit with the deaf/blind user, place or receive conventional voice-to-voice telephone calls on his or her behalf, and interpret the ensuing conversation(s). The CF would travel to the DBRS consumer's location to assist in placing the call. Alternatively, a DBRS consumer could travel to a regional DBRS center to place a call through a CF.

The Commission seeks comment on the DBRS Petition, including, specifically, whether DBRS falls within the definition of TRS as set forth in section 225(a)(3) of the Communications Act of 1934. The Commission notes, for example, that Hawk's proposed DBRS does not fit within the typical two-leg relay paradigm in which a relay center receives and places inbound and outbound calls between the end users to the relay call. Instead, the DBRS would employ a CF to assist the caller, in person, in making a telephone call

On November 19, 2007, the Commission released a Report and Order and Declaratory Ruling (FCC 07-186). The Erratum amends the Report and Order and Declaratory Ruling as follows: (1) Paragraph 2, fourth bullet, the last sentence is revised to read as follows:

This rate shall be effective for the 2007-2008 through 2009-2010 Fund years, beginning on the first day of the month following the effective date of this Order, subject to annual adjustment as set forth below; (2) Paragraph 2, fifth bullet, the last sentence is revised to read as follows: The VRS rates shall be effective for the 2007-2008 through 2009-2010 Fund years, beginning on the first day of the month following the effective date of this Order, subject to annual adjustment as set forth below; (3) Paragraph 47, in the second-to-last sentence, "0.05 percent" is replaced by "0.5 percent"; (4) Paragraph 55, in the last sentence, "0.05 percent" is replaced by "0.5 percent"; (5) Paragraph 56, in the second-to-last sentence, "0.05 percent" is replaced by "0.5 percent"; (6) Paragraph 67, in the second-to-last sentence, "1,000,000" is replaced by "500,000"; (7) Paragraph 88, in the second-to-last sentence, delete ", as raised below in the FNPRM,[.]"; (8) Paragraph 103, in the last sentence, http://www.fcc.gov/cgb.dro"is replaced by http://www.fcc.gov/cgb/dro."; and (9) In Appendix H, replace the amendment to 47 C.F.R. § 64.604(c)(5)(iii)(C) with the following paragraph: (C) Data collection from TRS providers. TRS providers shall provide the administrator with true and adequate data, and other historical, projected and state rate related information reasonably requested by the administrator, necessary to determine TRS Fund revenue requirements and payments. TRS providers shall provide the administrator with the following: total TRS minutes of use, total interstate TRS minutes of use, total TRS operating expenses and total TRS investment in general accordance with part 32 of this chapter, and other historical or projected information reasonably requested by the administrator for purposes of computing payments and revenue requirements. The administrator and the Commission shall have the authority to examine, verify and audit data received from TRS providers as necessary to assure the accuracy and integrity of TRS Fund payments.

In this Order, the Commission extends the waivers for one year (i.e., until January 1, 2009), conditioned upon the filing of a status report due April 16th, 2008, of the one-line VCO, VCO-to-TTY, and VCO-to-VCO; one-line HCO, HCO-to-TTY, and HCO-to-HCO; call release; STS; pay-per-call (900) calls, types of calls, equal access to interexchange carrier requirements; and speed dialing (for IP Relay) requirements; and (2) allow the waivers of the speed dialing (for VRS) and three-way calling (for VRS and IP Relay) requirements to expire on January 1, 2008.

2006

On December 15, 2005, the National Exchange Carrier Association filed a letter with the Commission asking to withdraw its Petition for Interim Waiver and Rulemaking concerning the compensation of wireless TRS calls.

On February 6, 2006, a Petition for Clarification (petition) was filed by Communication Service for the Deaf concerning the provision of American Sign Language (ASL)-to-Spanish Video Relay Service (VRS). The petition asks the Commission to clarify that the providers of ASL-to-Spanish VRS are not required to offer the service 24 hours a day and 7 days a week to be eligible for compensation from the Interstate TRS Fund.

**This Public Notice is also available in Spanish on the Disability Rights Office web page**

On February 21, 2006, the Office of Management and Budget (OMB) approved for three years the information collection requirements contained in the Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order, Order on Reconsideration, FCC 05-203. 47 CFR Sections 64.605 (a)(2), (c)(2), (e)(2), (f)(2), and (g) will become effective March 8, 2006.

On May 1, 2006, pursuant to 47 C.F.R. § 64.604(c)(5)(iii)(H), the National Exchange Carrier Association (NECA), the Interstate Telecommunications Relay Services (TRS) Fund Administrator, submitted its annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2006, through June 30, 2007.

NECA proposes per completed minute compensation rates of $1.257 for traditional TRS (compared to $1.440 for the 2005-2006 fund year); $1.219 for Internet Protocol (IP) Relay (compared to $1.278 for the 2005-2006 fund year); $1.352 for Speech-to-speech (STS) (compared to $1.579 for the 2005-2006 fund year); and $6.116 for Video Relay Service (VRS) (compared to $6.644 for the 2005-2006 fund year). NECA proposes a carrier contribution factor of 0.00492 (compared to 0.00564 for the 2005-2006 fund year) and a fund size requirement of $386.3 million (compared to $441.5 million for the 2005-2006 fund year).

In response to a petition by the California Coalition of Agencies Serving the Deaf and Hard of Hearing, the FCC has found that all VRS consumers must be able to place a VRS call through any VRS provider's service, and all VRS providers must be able to receive calls from, and make calls to, any VRS consumer. The Commission also determined that restricting the use of a provider's VRS service so that consumers cannot access other VRS providers is inconsistent with the functional equivalency mandate, the public interest and the intent of Congress.

The FCC has opened a proceeding requesting comment on ways to curtail the abuse of the two Internet-based forms of Telecommunications Relay Service (TRS) -- Internet Protocol (IP) Relay Service and Video Relay Service (VRS). Such misuse, including, using IP Relay to make telephone purchases from merchants using stolen, fake, or otherwise invalid credit cards, or improperly using VRS as a substitute for in-person interpreters, results in improper compensation from the Interstate TRS Fund.

In this FNPRM, the Commission addresses the misuse of the two Internet-based forms of TRS, Internet Protocol (IP) Relay Service and Video Relay Service (VRS), and seek comment on possible changes to the TRS regulations to curtail their misuse.

On January 25, 2006, Snap Telecommunications, Inc. (Snap) files and application for certification as a VRS provider eligible for compensation from the Interstate TRS Fund pursuant to recently adopted provider certification rules. The Commission has reviewed Snap's application and concluded that Snap has demonstrated that it provision of VRS service will meet or exceed all operational, technical, and functional TRS standards set forth in the Commission's rules, 47 CFR section 64.604; that it make available adequate procedures and remedies for ensuring compliance with applicable Commission's rules; and that to the extent Snap's services differs from the mandatory minimum standards, the service does not violate the rules.

On May 8, 2006, the Commission released a Public Notice, FCC 06-67 in the above captioned proceeding. This Erratum corrects the fifth paragraph of the May 8, 2006 Public Notice.

In this Declaratory Ruling,, the Commission addresses a petition requesting it to declare that a Video Relay Service (VRS) provider may not receive compensation from the Interstate TRS Fund if it blocks calls to competing VRS providers. In the corresponding FNPRM, the Commission seeks comment on whether and how an open and global database of proxy numbers for VRS users may be created so that a hearing person may call a VRS user through any VRS provider without having to ascertain first the VRS user's current IP address. The Commission also seeks comment in the FNPRM on whether it should adopt specific Internet protocols or standards to ensure that all VRS providers can receive calls from, and make calls to, any VRS consume, and all VRS consumers can make calls through any VRS provider.

On May 10, 2006, the National Exchange Carrier Association (NECA) amended its annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2006, through June 30, 2007, by means of an Errata to the payment formula and fund size estimate which it had originally submitted on May 1, 2006, pursuant to 47 CFR § 64.604(c)(5)(iii)(H).

In the original filing, NECA proposes a carrier contribution factor of 0.00492 and per completed minute compensation rates of: $1.257 for traditional TRS; $1.219 for Internet Protocol (IP) Relay; and $6.116 for Video Relay Service (VRS). In its Errata, NECA increased the proposed carrier contribution factor from 0.00492 to 0.00494, and the per completed minute compensation rates for $1.257 to $1.262 for traditional TRS; $1.219 to $1.223 for IP Relay; and $6.116 to $6.138 for VRS. NECA's originally proposed fund size requirement of $386.3 million and per completed minute compensation rate of $1.352 for Speech-to-Speech (STS) remain the same.

In this document, the Consumer & Governmental Affairs Bureau (Bureau) denies a petition for declaratory ruling filed by Telco Group, Inc. requesting that the Commission either exclude international revenues from the end-user revenue base used to calculate payments due to the Interstate Telecommunications Relay Service Fund, or in the alternative, waive the portion of Telco Group's contribution based on its international end-user revenues.

On May 16, 2006, the Consumer & Governmental Affairs Bureau (Bureau) released a Declaratory Ruling denying a petition filed by Telco Group, Inc., which requested that the Commission either exclude international revenues from the end-user revenue base used to calculate payments due to the Interstate Telecommunications Relay Service Fund, or in the alternative, waive the portion of Telco Group's contribution based on its international end-user revenues. That Order, however, did not contain an analysis of the complete record. The Bureau, therefore, on its own motion, reconsiders the merits of the petition

The Federal Communications Commission's Consumer & Governmental Affairs Bureau reminds states and interstate TRS providers that they must submit their annual consumer complaint log summaries for the 12-month period ending May 31, 2006, on or before July 3, 2006.

On February 22, 2006, Healinc Telecom, LLC (Healinc) filed an application for certification as a VRS and IP Relay provider eligible for compensation from the Interstate TRS Fund (Fund) pursuant to the recently adopted provider certification rules. On April 18, 2006, Healinc submitted an addendum to its original application clarifying that it was seeking certification only as a provider of VRS. The addendum also documented Healinc's compliance with some mandatory minimum standards that were not addressed in its original application. The Commission has reviewed the Healinc Application and Healinc Addendum pursuant to these rules.

The Commission concludes that Healinc has sufficiently demonstrated that its provision of VRS service will meet or exceed all operational, technical, and functional TRS standards set forth in the Commission's rules, 47 C.F.R. § 64.604; that it makes available adequate procedures and remedies for ensuring compliance with applicable Commission rules; and that to the extent Healinc's service differs from the mandatory minimum standards, the service does not violate the rules.

The Commission notes that it has adopted a declaratory ruling requiring the interoperability of VRS equipment and service. The Commission conditions this grant of certification upon compliance with that order. This certification shall remain in effect for a period of five years from the release date of this Public Notice. Within ninety days prior to the expiration of this certification, Healinc may apply for renewal of its VRS service certification by filing documentation in accordance with the Commission's rules.

On March 16, 2006, GoAmerica, Inc. (GoAmerica) filed an application for certification as a provider of IP Relay and VRS services eligible for compensation from the Interstate TRS Fund (Fund) pursuant to the recently adopted provider certification rules. On April 21, 2006, GoAmerica submitted a supplement to its original application for certification.

The Commission has reviewed the GoAmerica Application and GoAmerica Supplement pursuant to these rules. The Commission concludes that GoAmerica has sufficiently demonstrated that its provision of IP Relay and VRS services will meet or exceed all operational, technical, and functional TRS standards set forth in the Commission's rules, 47 C.F.R. § 64.604; that it makes available adequate procedures and remedies for ensuring compliance with applicable Commission rules; and that to the extent GoAmerica's service differs from the mandatory minimum standards, the service does not violate the rules.

This certification shall remain in effect for a period of five years from the release date of this Public Notice. Within ninety days prior to the expiration of this certification, GoAmerica may apply for renewal of its IP Relay and VRS services certification by filing documentation in accordance with the Commission's rules.

This Order addresses two issues concerning the provision of Video Relay Service (VRS), a form the telecommunications relay services (TRS), raised in the Further Notice of Proposed Rulemaking in the 2004 TRS Report and Order & FNPRM. The Commission clarifies that if the calling party or the VRS communications assistant (CA) find that they are not communicating effectively given the nature of the call, the 10-minute in-call replacement rule does not apply and the VRS provider may have another CA handle the call. The Commission also clarifies that the VRS CA may ask the VRS user questions during call set-up when necessary to assist the CA in properly handling the call.

In this Order, the Commission sets the following per minute compensation rate for the various forms of telecommunications relay service (TRS) for 2006-2007 Fund year: $1.291 for interstate traditional TRS; $1.409 for interstate STS; and $1.293 for interstate and intrastate IP Relay. With Respect to interstate and intrastate Video Relay Service (VRS), this Order freezes the 2005-2006 VRS rate of $6.644 per minute for a one-year period ending June 30, 2007, or until such time as the Commission adopts a new VRS rate pursuant to new VRS cost recovery rules, whichever is sooner.

The 2004 TRS Report & Order addressed numerous issues relating to the regulation and compensation of telecommunications relay service (TRS), and particularly Video Relay Service (VRS). In response to that order, several parties filed petitions for reconsideration. The Commission has resolved several of the issues raised in these petitions in prior orders. The Commission now address the remaining issues, which include: (1) the adoption of the final 2003-2004 VRS compensation rate of $8.854; (2) whether the final VRS rate should be fully retroactive; (3) the compensability of research and development expenses incurred for TRS enhancements that go beyond the applicable TRS mandatory minimum standards from the Interstate TRS Fund (Fund); and (4) the applicability of "rate of return" regulation to traditional TRS and speed of answer requirements to VRS. For the reasons set forth below, the Commission grants in part and denies in part the petitions for reconsideration.

On June 30, 2004, the Consumer & Governmental Affairs Bureau (Bureau) adopted the per-minute compensation rate for Video Relay Service (VRS), a form of telecommunications relay service (TRS), for the 2004-2005 fund year. Three parties filed applications for review challenging this rate. For the reasons noted in the MO&O, the Commission denies the applications for review and affirms the 2004-2005 VRS compensation rate adopted by the Bureau.

Washington, DC -- The Further Notice of Proposed Rulemaking (Notice) adopted by the Commission today, seeks comment on a broad range of issues concerning the compensation of providers of telecommunications relay services (TRS) from the Interstate TRS Fund (Fund) for their costs of providing TRS.

Specifically, today's Notice seeks comment on the following:

• Alternative cost recovery methodologies for interstate traditional TRS, STS, and IP Relay, including a proposal by Hamilton Relay, Inc., called the "MARS" plan ("Multi-state Average Rate Structure"), and related issues including whether traditional TRS, STS, and IP Relay should be compensated at the same rate;
• The appropriate cost recovery methodology for VRS and the length of time the VRS rate should be in effect;
• Issues relating to the "reasonable" costs compensable under the present cost recovery methodology, including whether, and to what extent, marketing and outreach expenses, overhead costs, and executive compensation are compensable from the Fund; and
• Ways to improve the management and administration of the Fund, including adopting measures for assessing the performance and efficiency of the Fund and to deter waste, fraud, and abuse.

Comments will be due 45 days after publication in the Federal Register and replies 15 days thereafter.

In this Further Notice of Proposed Rulemaking (Notice), the Commission seeks comment on a broad range of issues concerning the compensation of providers of telecommunications relay services (TRS) from the Interstate TRS Fund (Fund). First, the Commission seeks comment on alternative cost recovery methodologies for interstate traditional TRS and Speech-to-Speech (STS), including Hamilton Relay, Inc.'s (Hamilton) proposed "MARS" plan ("Multi-state Average Rate Structure"), and also whether traditional TRS and STS should be compensated at the same rate. Second, this Notice seeks further comment on the appropriate cost recovery methodology for Video Relay Service (VRS) and the length of time the VRS rate should be in effect.

Third, this Notice seeks comment on issues relating to the "reasonable" costs compensable under the present cost recovery methodology, including whether, and to what extent, marketing and outreach expenses, overhead costs, and executive compensation are compensable from the Fund. Finally, this Notice seeks comment on ways to improve the management and administration of the Fund, including adopting measures for assessing the performance and efficiency of the Fund and to deter waste, fraud, and abuse.

The purpose of this Public Notice is to remind telecommunications equipment manufacturers and telecommunications service providers subject to Section 255 of the Communications Act of 1934 of their obligation to designate an agent for service of informal and formal complaints received by the Federal Communications Commission ("Commission"). The valid control number for compliance with the designation of points of contact information contained in these sections is 3060-0833.

The purpose of this Public Notice is to remind certified state Telecommunications Relay Service (TRS) programs that pursuant to 47 C.F.R. § 64.604(c)(2) they must submit to the Commission a contact person or office for TRS consumer information and complaints about intrastate service. The submission shall include the name and address of the state office that receives complaints, grievances, inquiries and suggestions; the voice, TTY, and fax numbers for that office; the e-mail address; and the physical address to which correspondence should be sent.

In this Order, the Commission clarifies waivers of certain TRS mandatory minimum standards for captioned telephone relay service, a form of TRS. The Captioned Telephone Declaratory Ruling waived the following mandatory minimum standards for the provision of captioned telephone service: (1) CAs must be competent in interpreting typewritten American Sign Language (ASL); (2) TRS providers must give CAs oral-to-type tests; and (3) CAs may not refuse sequential calls. These waivers expired on August 1, 2006. The Commission clarifies that these requirements do not apply to captioned telephone services that use voice recognition technologies (instead of typing) to convey messages and that do not have the CA play a role in setting up the calls.

On February 6, 2006, Communication Service for the Deaf (CSD) filed a petition for clarification concerning whether providers of ASL-to-Spanish VRS, a for telecommunications relay service (TRS), must offer service 24 hours a day, 7 days a week (24/7) to be eligible for compensation from the Interstate TRS Fund. Accordingly, the Consumer and Governmental Affairs Bureau dismissed the CSD Petition.

TRS providers are required to handle emergency calls by immediately and automatically transferring the calls to an appropriate public safety answering point (PSAP). The Commission has waived this requirement for providers of Video Relay Service (VRS), a form of TRS, due to the technological challenges related to determining the geographic location of TRS calls that originate via the Internet. This waiver expires on January 1, 2007. As explained in the herein, the Commission extends the waiver for one year in view of these continued technological challenges. According, the waiver of the emergency call handling requirement for VRS providers will expire on January 1, 2008, or upon the release of an order addressing this issue, whichever comes first.

The Commission adopted a Declaratory Ruling finding that Internet Protocol (IP) captioned telephone service (IP CTS) is a type of telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund. The Commission acted in response to a petition by Ultratec, Inc., that was widely supported by the disability community.

On October 4, 2006, Hands On Video Relay Services, Inc. (Hands On) filed an application for certification as a provider of IP Relay and VRS eligible for compensation from the Interstate TRS Fund pursuant to the IP Relay and VRS provider certification rules. On November 21, 2006, Hands On submitted a supplement to its application for certification. Hands On's application is granted, subject to the conditions noted in the 2005 IP Relay and VRS Certification Order, FCC 05-203.

2005

This Declaratory Ruling addresses a Petition for Declaratory Ruling filed by Petitioner Hands On Video Relay Services, Inc. (Petitioner or Hands On) on December 29, 2004. Petitioner requests a declaratory ruling that its "Brown Bag Rewards Program," offered in connection with its provision of Video Relay Service (VRS), a form of telecommunications relay service (TRS) does not violate any section of the communications Act or any Commission rule. The Commission concludes that the Brown Bag Rewards Program, and any program that offers any kind of financial incentive or reward for a consumer to place a TRS call, including minimum usage arrangements or programs (whether or not tied to the acceptance of equipment), violates Section 225 of the Communications Act. Therefore, Hands On's Petition for Declaratory Ruling is denied.

The Federal Communications Commission (FCC or Commission) has become aware that some TRS providers may be engaging in marketing practices that are inconsistent with the TRS statute and regulations. We have also become aware that some TRS providers may not be handling TRS calls in a manner that is consistent with our TRS statute and regulations, e.g., through the use of a reservations system. Finally, we are aware that Video Relay Service (VRS) - a form of TRS - is sometimes being used as a substitute for a live interpreter when a person who is deaf or hard of hearing seeks to communicate with a hearing person at the same location. Accordingly, we clarify below that certain TRS practices violate the TRS rules, and that VRS may not be used as a video remote interpreting service by persons at the same location. We will instruct the TRS fund administrator that, effective March 1, 2005, any provider found to be engaging in the improper marketing or call handling practices described below will be ineligible for compensation from the Interstate TRS Fund (Fund).

The FCC's Consumer & Governmental Affairs Bureau has found that programs to encourage or reward a consumer for placing a TRS call are inconsistent with the Communications Act and the Telecommunications Relay Services (TRS) rules.

The Bureau issued a declaratory ruling in response to a request by Hands On Video Relay Services, Inc., which asked that the FCC find that its "Brown Bag Rewards Program," offered in connection with its provision of VRS, was in compliance with the rules. Hands On's program permits consumers of its VRS service to earn points that can be redeemed by having Hands On pay their DSL or cable modem bill.

The Bureau found that any program that involves the use of any type of financial incentives to encourage or reward a consumer for placing a TRS call, including the Brown Bag Rewards Program, is inconsistent with the rules.

As a result, the Bureau found that, effective March 1, 2005, any TRS provider offering such incentives or rewards for the use of any of the forms of TRS will be ineligible for compensation from the Interstate TRS Fund.

The Bureau noted that provision of TRS is an accommodation for persons with certain disabilities and that reaching the CA to place a call is the equivalent of receiving a "dial tone." The cost of TRS is not paid by the TRS user, but by either a state or the Interstate TRS Fund. In addition, VRS consumers presently do not pay any long distance charges in connection with a VRS call. Therefore, there is no cost of any kind to the consumer for placing a VRS call. As a practical matter, the Bureau said, the TRS provider is enticing the consumer to make TRS calls that will artificially raise costs to the Interstate TRS Fund, and the provider is doing so by in effect "paying" the consumer to make more calls.

In a separate but related action, the Bureau also issued a Public Notice specifying other marketing and call handling practices by TRS providers that are impermissible under the TRS rules.

On June 30, 2004, the Federal Communications Commission (Commission) released the 2004 TRS Report & Order, which contained a Further Notice of Proposed Rulemaking (FNPRM) seeking comment on, among other things, a speed of answer requirement for the provision of VRS. The speed of answer requirement is currently waived as a mandatory minimum standard for VRS. We have reviewed the comments provided in response to the FNPRM contained in the 2004 TRS Report & Order, and find that they lack specificity on certain elements of a speed of answer rule. Therefore, we seek additional comment on whether a speed of answer rule should be adopted for VRS.

This Order address the current waiver of the telecommunications relay services (TRS) requirement that TRS providers (including providers of captioned telephone service) offer three-way calling functionality as a TRS mandatory minimum standards. On February 24, 2005, the one-year waiver of this requirement will expire. This Order clarifies the manner in which TRS providers may comply with this rule; as a result, a waiver of this requirement is no longer necessary.

On February 15, 2005, the California Coalition of Agencies Serving the Deaf and Hard of Hearing (CCASDHH) filed a Petition for Declaratory Ruling on Interoperability, requesting that the Commission prohibit any VRS provider that receives compensation from the Interstate Telecommunications Relay Service (TRS) Fund from purposely restricting its deaf and hard-of-hearing customers to a single VRS provider via the software or hardware of their VRS equipment or through exclusivity agreements with those customers.

In the Order on Reconsideration, the Commission granted petitions filed by Sprint Corporation (Sprint) and WorldCom, Inc. (MCI) seeking reconsideration of the Commission's March 14, 2003, IP Relay Reconsideration Order. This matter drives from the April 2002 IP Relay Declaratory Ruling and FNPRM, which recognized IP Relay as a form of telecommunications relay service (TRS), authorized compensation for IP Relay providers from the Interstate TRS Fund, and waived certain mandatory minimum standards as they apply to the provision of IP Relay. The IP Relay Declaratory Ruling and &FNPRM did not, however, waive the requirements to provide hear carry over (HCO) and pay-per-call (900 number) services. Those requirements were subsequently waived in the IP Relay Reconsideration Order, but that order denied Sprint's request that it be compensated from its costs of providing IP Relay prior to the date of that order (i.e., prior to the waiver of the HCO and pay-per-call requirements). Sprint and MCI now seek further reconsideration of the IP Relay Reconsideration Order to the extent it denied Sprint's request for compensation from the Interstate TRS Fund for its provision of IP Relay services prior to the release date of that order (i.e., from July 2002 to March 2003).

On March 11, 2005, the Office of Management and Budget (OMB) approved for three years the information collection requirements contained in the Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking, FCC 04-137, 19 FCC Rcd 12475 (rel. June 30, 2005). These information collection requirements relate to annual reporting requirements concerning the TRS mandatory minimum standards, which apply to the providers of TRS. See 47 C.F.R. sections 64.604(a)(3), (a)(3)(iv), (a)(4), (b)(2), and (b)(3) (reporting required if waiver sought of various requirements). These rules will become effective upon publication in the Federal Register.

On April 25, 2005, pursuant to 47 C.F.R. § 64.604c(5)(iii)(H), the National Exchange Carrier Association (NECA), the Interstate Telecommunications Relay Services (TRS) Fund Administrator, submitted its annual payment formula and fund size estimate for the Interstate TRS Fund for the period July 1, 2005 through June 30, 2006. NECA proposes a carrier contribution factor of 0.00528, and a fund size requirement of $413.3 million. NECA proposes per completed minute compensation rates of $1.312 for traditional TRS and for Internet Protocol (IP) Relay; $1.579 for Speech-to-Speech (STS); and $5.924 for Video Relay Service (VRS).

The purpose of this Public Notice is to remind telecommunications equipment manufacturers and telecommunication service providers subject to Section 255 of the Communications Act of 1934 of their obligation to designate an agent for service of informal and formal complaints received by the FCC. The valid control number for compliance with the designation of points of contact information contained in theses sections is 3060-0833.

The Federal Communications Commission's Consumer & Governmental Affairs Bureau reminds states and telecommunications relay services (TRS) providers that they must submit their annual consumer complaint log summaries for the 12-month period ending May 31, 2005, on or before July 1, 2005.

This Order adopts interstate TRS compensation rates for the July 1, 2005 through June 30, 2006 TRS Fund year. The Commission adopts separate compensation rates for traditional TRS and Internet Protocol (IP) Relay. The Commission also adopts per-minute compensation rates as follows for this fund year: for Speech-to-Speech Services (STS), $1.579; for traditional TRS, $1.440; for IP Relay, $1.278; and for Video Relay Service (VRS), $6.644.

The FCC adopted rules moving the Video Relay Service (VRS) closer to the goal of providing deaf and hard of hearing persons functionally equivalent access to the nation's telephone system. The new rules establish, for the first, mandatory speed of answer requirements for VRS, require VRS to be offered 24 hours a day, seven days a week (24/7), and permit VRS providers to be compensated for providing VRS mail.

The FCC concluded that Spanish translation Video Relay Service (VRS) - in which the communications assistant (CA) translate what is signed in American Sign Language (ASL) into spoken Spanish, and vice versa - is a form of telecommunications relay service (TS) from the Interstate TRS Fund. This decision will allow Spanish-speaking people who are deaf to communicate with others who speak only Spanish and allow them to integrate more fully into society.

The FCC clarified that two-line captioned telephone services is a type of telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund. The Commission also adopted the allocation methodology proposed by the National Exchange Carrier Association (NECA), the administrator of the Interstate TRS Fund, for determining the number of inbound two-line captioned telephone minutes that should be compensated from that Fund. This mechanism is similar to the methodology presently used for 800 and 900 call minutes.

The Order on Reconsideration addressed petitions for reconsideration of the 2004 TRS Report and Order and, in so doing, reverses the Commission's conclusion that translation from American Sign Language (ASL) into Spanish is not a telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund. Based on the Commission's review of the record on this issue, the Commission concludes that non-shared language Spanish translation Video Relay Service (VRS) - i.e., relay service in which the CA translate what is signed in ASL into spoken Spanish, and vice versa - is a form of TRS compensable from the Interstate TRS Fund. Therefore, although we do not mandate this service, providers offering ASL-to-Spanish VRS may be compensated from the Interstate TRS Fund.

In the Report and Order, the Commission addresses three issues related to the provision of Video Relay Service (VRS), a form of telecommunications relay service (TRS): (1) the adoption of a speed of answer rule for VRS; (2) whether VRS should be required to be offered 24 hours a day, 7 days a week (24/7); and (3) whether VRS providers may be compensated for providing VRS Mail. As set forth in the Report and Order, the Commission concludes that because speed of answer is central to the provision of "functionally equivalent" TRS, and VRS is now a widely used - if not the preferred - form of TRS, VRS providers must provide service in compliance with the speed of answer rule adopted herein to be eligible for compensation from the Interstate TRS Fund. The Report and Order also concludes that VRS must be offered 24/7 and that VRS providers may be compensated for providing VRS mail. The Report and Order also closes TRS Docket No. 98-67 which opened in 1998.

In the Order, the Commission grants a request for clarification that two-line captioned telephone service is a type of telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund. The Commission also grants the National Exchange Carrier Association, Inc. (NECA) proposed allocation methodology for determining the number of inbound two-line captioned telephone minutes that should be compensated from the Interstate TRS Fund.

In a Report and Order, FCC 05-140, released on July 19, 2005, the Commission closed CC Docket No. 98-67, a docket for telecommunications relay services (TRS) opened in 1998. Filings in CC Docket No. 98-67 will be incorporated into the current docket, CG Docket No. 03-123. Materials submitted in CC Docket No. 98-67 need not be resubmitted.

In an Order, the Commission finds that the offering of free or discount long distance service to telecommunications relay services (TRS) consumers as an incentive for a consumer to use a particular TRS provider's relay service, or as an incentive for a consumer to make more or longer TRS calls, constitutes an impermissible financial incentive in violation of Section 225 of the Communications Act.

On August 2, 2005, pursuant to the Commission's directive in the Two-Line Captioned Telephone Order, the Interstate Telecommunications Relay Services (TRS) Fund Administrator, the National Exchange Carrier Association (NECA), submitted the proposed allocation factor for inbound two-line captioned telephone calls for compensation from the Interstate TRS Fund for the period July 1, 2005 through June 30, 2006.

The Commission issues this Public Notice to remind VRS providers, consumers, and businesses that Video Relay Service (VRS) cannot be used as a substitute for "in-person" interpreting services or for Video Remote Interpreting (VRI).

The Commission issues this Public Notice to reiterate that, under applicable TRS regulations, TRS providers cannot refuse to make an outbound call requested by a TRS user, even if the called party has requested that TRS calls to his or her number be blocked.

On October 31, 2005, a Petition for Rulemaking to Mandate Captioned Telephone Relay Service and Approve IP Captioned Telephone Relay Service was filed by 13 organizations generally representing consumer advocates and persons with hearing or speech disabilities. The petition asks the Commission to initiate a rulemaking for the purpose of making captioned telephone service a mandatory form of TRS and approving IP captioned telephone service as eligible for compensation from the Interstate TRS Fund.

In the NPRM, the Commission addresses the issue of access to emergency services for Internet-based forms of Telecommunications Relay Service (TRS), namely Video Relay Service (VRS) and Internet Protocol (IP) Relay. The Commission seeks comment on ways in which it may ensure that the communication assistant (CA) will be able to call the appropriate PSAP when a VRS or IP Relay user calls the relay provider and asks the CA to call emergency services. The Commission also seeks comment on whether, and if so, how requirements ensuring that persons using VRS and IP Relay will have access to emergency services might affect the TRS funding mechanism.

In this Order, the Commission adopts the National Exchange Carrier Association, Inc. (NECA) proposed interstate allocation factor of 11 percent. Therefore, the Commission directs NECA to compensate providers of inbound two-line captioned telephone calls from the Interstate TRS Fund pursuant to the 11 percent interstate allocation factor retroactively to October 14, 2005 to June 30, 2006.

In this Order, the Commission extends the waiver for one year in view of continued technological challenges to determining the geographic location of TRS calls that originate via the Internet, and the November 30, 2005, VRS 911 NPRM addressing this issue. Accordingly, the waiver of the emergency call handling requirement for VRS providers will expire on January 1, 207, or upon the release of an order addressing this issue, whichever comes first.

This Order addresses the issue of the certification and oversight of TRS providers seeking compensation from the Interstate TRS Fund raised in the NPRM in the Second Improved TRS Order, and the FNPRM in the 2004 TRS Report and Order. It also addresses the related issue raised in Hands On Video Relay Services, Inc.'s Hands On petition for reconsideration of the 2004 TRS Report and Order, which challenges the Commission's dismissal of Hands On's application for certification as a VRS provider eligible for compensation from the Interstate TRS Fund.

2004

On January 27, 2004, the Office of Management and Budget (OMB) approved for three years the information collection requirements contained in the Second Report and Order, Order on Reconsideration. See OMB Control No. 3060-1047. The Second Report and Order, Order on Reconsideration also adopted or modified regulations that do not require OMB approval, and states that such regulations become effective 6 months from the date of publication of the Second Report and Order, Order on Reconsideration in the Federal Register. Accordingly, these new or modified rules will become effective on February 24, 2004.

This Order addresses two issues concerning the Commission's oversight of the provision of telecommunications relay services (TRS). First, in the 2nd Improved TRS Order & NPRM, The Commission required TRS providers to offer three-way calling functionality as a mandatory minimum standard for TRS. This requirement become effective February 24, 2004, but some providers assert that it is not presently possible for a TRS facility to provide this service, at least to the extent the facility is required to set up the three-way call. Second, as a result of the significant growth of monthly minutes of use of Video Relay Service (VRS) and IP Relay over initial projections, the Interstate TRS Fund is facing a shortfall in funds so that, without additional funding, it will likely not be able to compensate the providers in full for their provision of eligible TRS minutes during the present fund year.

On February 20, 2004, the Office of Management and Budget (OMB) approved for three years the information collection requirements contained in the Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech

On May 3, 2004, pursuant to 47 C.F.R Section 64.605(c)(5)(iii)(H), the National Exchange Carrier Association (NECA), the present Interstate Telecommunications Relay Services (TRS) Fund Administrator, submitted the annual payment formula and fund size estimated for the Interstate TRS Fund for the period July 1, 2004 through June 30, 2005. NECA proposes a carrier contribution factor of 0.00356, and a fund size requirement of $289.4 million. NECA proposes per complete minute compensation rates of: $1.349 for traditional TRS and for Internet Protocol (IP) Relay; $1.440 for Speech-to-Speech (STS); and $7.293 for Video Relay Service (VRS).

The FCC's Consumer & Governmental Affairs Bureau reminds states and TRS providers that they must submit their annual consumer complaint log summaries for the 12-month period ending May 31, 2004, on or before July 1, 2004.

The FCC has taken the latest in a series of steps to ensure that consumers with hearing and speech disabilities have convenient and affordable access to telephone services through use of the telecommunications relay services (TRS). This action is a further step toward fulfilling the goals of Title IV of the Americans with Disabilities Act of 1990 (ADA).