[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Proposed Rules]
[Pages 38490-38492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15707]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 98-67; FCC 00-56]


Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: On March 6, 2000, the Commission released a Further Notice of 
Proposed Rulemaking (FNPRM) regarding telecommunications relay services 
(TRS). In the FNPRM, the Commission asks for comment on how to further 
improve TRS to ensure that TRS remains ``functionally equivalent'' to 
voice telecommunications service as telecommunications capabilities 
change over time. Specifically, the FNPRM asked what changes are 
necessary to increase public awareness of TRS among all callers, not 
just those with disabilities, including how a national awareness 
education campaign can be established; and whether other technologies, 
services, and features should be made available to TRS users.

DATES: Reply comments are due on or before July 5, 2000.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW, TW-
A325, Washington, DC 20554. In addition to filing comments with the 
Office of the Secretary, a copy of any

[[Page 38491]]

comments on the information collections contained herein should be 
submitted to Judy Boley, Federal Communications Commission, Room 1-
C804, 445 12th Street, SW, Washington, DC 20554, or via the Internet to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Marilyn Jones, Attorney, 202/418-2357, 
Fax 202/418-2345, TTY 202/418-0484, [email protected], Common Carrier 
Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (FNPRM) in the Matter of 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CC Docket No. 98-67, 
FCC 00-56, adopted February 17, 2000 and released March 6, 2000. The 
full text of the item is available for inspection and copying during 
the weekday hours of 9 a.m. to 4:30 p.m. in the FCC Reference Center, 
Room CY-A257, 445 12th Street, SW, Washington, DC 20554, or copies may 
be purchased from the Commission's copy contractor, International 
Transcription Services, Inc., 445 12th Street, SW, Suite CY-B400, 
Washington, DC 20554, phone (202) 857-3800.

Synopsis of the Further Notice of Proposed Rulemaking

    1. In January 1997, we released a Notice of Inquiry (NOI) on the 
quality of TRS service. Based on the record developed in the NOI, the 
Commission released a Notice of Proposed Rulemaking (NPRM) that 
proposed rules to enhance the quality of telecommunications relay 
service. In response, the Commission received numerous suggestions on 
ways to improve TRS. After considering the many comments received, we 
released a Report and Order and Further Notice of Proposed Rulemaking.
    2. In the FNPRM, we seek comment on the establishment of a national 
education campaign to increase awareness of TRS among all callers, not 
just those with disabilities; whether there should be a separate, 
nationwide 800 number for STS relay service; and whether TRS providers 
should have access to SS7 technology in order to better handle 
emergency calls, be compatible with Caller ID and more efficiently bill 
for and deliver relay services.

Initial Regulatory Flexibility Analysis

    3. As required by the Regulatory Flexibility Act (RFA), 5 U.S.C. 
603, the Commission has prepared this present Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities by the policies and rules in this FNPRM. Written 
public comments are requested on this IRFA. Comments must be identified 
as responses to the IRFA and must be filed by the deadlines for 
comments on the FNPRM. The Commission will send a copy of the FNPRM, 
including this IRFA, to the Chief Counsel for Advocacy of the Small 
Business Administration. See 5 U.S.C. 603(a). In addition, the FNPRM 
and IRFA (or summaries thereof) will be published in the Federal 
Register.

A. Need for, and Objectives of, the Proposed Rules

    4. The Commission is issuing this FNPRM to seek public comment on 
technological advances that could improve the level and quality of 
service provided through TRS for the benefit of the community of TRS 
users. In doing so, the Commission hopes to enhance the quality of TRS, 
and broaden the potential universe of TRS users consistent with 
Congress' direction at 47 U.S.C. 225(d)(2) to the Commission to ensure 
that its regulations encourage the use of existing technology and not 
discourage or impair the development of improved technology. 
Specifically, the FNPRM seeks comment on outreach programs, the 
accessibility of emergency services to TRS, and whether SS7 services 
should be made available to TRS centers. The intent of these proposed 
rules is to improve the overall effectiveness of the TRS program.

B. Legal Basis

    5. The authority for actions proposed in this FNPRM may be found in 
sections 1, 4(I) and (j), 201-205, 218 and 225 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 201-205, 218 
and 225.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rules Will Apply

    6. The RFA directs agencies to provide a description of, and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The 
Regulatory Flexibility Act defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small business concern'' under section 3 of the 
Small Business Act. 5 U.S.C. 601(3). A small business concern is one 
that: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the Small Business Administration (SBA). Small Business 
Act, 5 U.S.C. 632 (1996). The most reliable source of information 
regarding the total numbers of certain common carrier and related 
providers nationwide, as well as the numbers of commercial wireless 
entities, appears to be data the Commission publishes annually in its 
Telecommunications Industry Revenue report, regarding the 
Telecommunications Relay Service.

Telecommunications Industry Revenue, Figure 2

    7. TRS Providers. Neither the Commission nor the SBA has developed 
a definition of small entity specifically applicable to providers of 
telecommunications relay services. The closest applicable definition 
under the SBA rules is for telephone communications companies other 
than radiotelephone (wireless) companies. Small Business Act, 5 U.S.C. 
632 (1996). The SBA defines such establishments to be small businesses 
when they have no more than 1,500 employees. 13 CFR 121.201, Standard 
Industrial Classification (SIC) Code 4813. According to our most recent 
data, there are 11 interstate TRS providers, which consist of 
interexchange carriers, local exchange carriers, state-managed 
entities, and non-profit organizations. We do not have data specifying 
the number of these providers that are either dominant in their field 
of operations, are not independently owned and operated, or have more 
than 1,500 employees, and we are thus unable at this time to estimate 
with greater precision the number of TRS providers that would qualify 
as small business concerns under the SBA's definition. We note, 
however, that these providers include large interexchange carriers and 
incumbent local exchange carriers. Consequently, we estimate that there 
are fewer than 11 small TRS providers that may be affected by the 
proposed rules, if adopted. We seek comment generally on our analysis 
identifying TRS providers, and specifically on whether we should 
conclude, for Regulatory Flexibility Act purposes, that any TRS 
providers are small entities.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    8. This FNPRM imposes no requirement to file any information with 
the Federal Communications Commission.

[[Page 38492]]

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    9. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities: (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    10. The proposals in the FNPRM, and the comments the Commission 
seeks regarding them, are part of the Commission's analysis of its role 
with respect to the implementation and operation of nationwide TRS for 
persons with hearing and speech disabilities. The guiding principal 
shaping these proposals is Congress' direction to the Commission to 
ensure that TRS keeps pace with advancing technology and that the 
Commission's rules do not discourage the implementation of 
technological advances or improvements. The majority of TRS service is 
provided by large interexchange carriers and incumbent local exchange 
carriers, and we believe that the number of small entities impacted by 
these proposals would be potentially very small. With respect to 
proposed amendments to the Commission's rules governing TRS, by 
statute, common carriers providing voice transmission services who are 
subject to the TRS rules, including small entities, may comply with 
their obligations individually, through designees, through 
competitively selected vendor, or in concert with other carriers. 47 
U.S.C. 225(c). For this reason, the Commission expects that the 
proposed rule amendments will have minimal impact on small entities. We 
tentatively conclude that our proposals in the FNPRM would impose 
minimum burdens on small entities. We seek comment on our tentative 
conclusion.

E. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    11. None.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Disabilities, Telephone, 
Telecommunications relay service.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-15707 Filed 6-20-00; 8:45 am]
BILLING CODE 6712-01-U