[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Rules and Regulations]
[Pages 39863-39864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14677]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 98-67; FCC 02-121]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule; clarification.

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SUMMARY: This document clarifies that Internet protocol relay services 
(IP Relay) fall within the definition of Telecommunications Relay 
Services (TRS). Because there is no automatic method for determining if 
a call placed over IP Relay is intrastate or interstate, we authorize 
IP Relay providers to recover their costs from the Interstate TRS Fund 
on an interim basis, until such time as we decide whether and how a 
methodology can be devised to allocate cost recovery between the 
Interstate TRS Fund and the states. This document also waives certain 
TRS minimum standards for IP Relay, and directs the National Exchange 
Carriers Association, which is the current administrator of the 
Interstate TRS Fund, to begin paying cost recovery to eligible 
providers of Internet-based TRS, upon release of this Declaratory 
Ruling by the Commission.

DATES: Effective April 22, 2002.

FOR FURTHER INFORMATION CONTACT: Sean O'More, of the Consumer and 
Governmental Affairs Bureau at (202) 418-2453 (voice), (202) 418-7870 
(TTY), or e-mail [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Declaratory Ruling, adopted April 18, 2002, and released April 22, 
2002. Copies of any subsequently filed documents in this matter will be 
available for public inspection and copying during regular business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street, SW, Room CY-A257, Washington, DC 20554. The complete text of 
this decision also may be purchased from the Commission's duplicating 
contractor, Qualex International, Portals II, 445 12th Street, SW, Room 
CY-B402, Washington, DC 20554, telephone (202) 863-2893, facsimile 
(202) 863-2898, or via e-mail [email protected]. Copies of this 
document in other alternative formats (computer diskette, large print, 
and Braille) are available to persons with disabilities by contacting 
Brian Millin, of the Consumer and Governmental Affairs Bureau at (202) 
418-7426 (voice), (202) 418-7365 (TTY), or e-mail [email protected]. This 
Declaratory Ruling can also be downloaded in Text and ASCII formats at: 
http://www.fcc.gov/cgb/dro.

Synopsis

    In this Declaratory Ruling, the Commission responds to a Petition 
for Clarification filed by WorldCom, Inc., requesting that we clarify 
that WorldCom's IP Relay is TRS, and is therefore eligible for recovery 
of its costs of providing TRS. We find that because IP Relay and other 
Internet-based TRS ``provide[s] the ability for an individual who has a 
hearing impairment or a speech impairment to engage in communication by 
wire or radio with a hearing individual,'' 47 U.S.C. 225(a)(3), such 
service is TRS, and are eligible for cost recovery. Ordinarily, ``costs 
caused by interstate [TRS] shall be recovered from all subscribers for 
every interstate service and costs caused by intrastate [TRS] shall be 
recovered from the intrastate jurisdiction.'' 47 U.S.C. 225(d)(3)(B). 
There is, however, no automatic means of determining the origination of 
IP Relay calls. In the absence of this information, TRS providers 
cannot determine, or report to the TRS Fund Administrator, whether a 
call is interstate or intrastate. Therefore, as an interim measure, we 
authorize providers of IP Relay to recover costs from the Interstate 
TRS Fund. We also waive certain TRS minimum standards, see 47 CFR 
64.604.

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for notice-and-
comment rule making proceedings, unless the agency certifies that ``the 
rule will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' The RFA, see 5 U.S.C. 601-612, 
has been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), Public Law No. 104-121, Title II, 110 Stat. 857 
(1996). 5 U.S.C. 605(b). The RFA generally defines the term ``small 
entity'' as having the same meaning as the terms ``small business,'' 
``small organization,'' and ``small governmental jurisdiction.'' 5 
U.S.C. 601(6). In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 5 U.S.C. 601(3) (incorporating by reference the definition of 
``small-business concern'' in the Small Business Act, 15 U.S.C. 632). 
Pursuant to 5 U.S.C. 601(3), the statutory definition of a small 
business applies ``unless an agency, after consultation with the Office 
of Advocacy of the Small Business Administration and after opportunity 
for public comment, establishes one or more definitions of such term 
which are appropriate to the activities of the agency and publishes 
such definition(s) in the Federal Register.'' A ``small business 
concern'' is one which: (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). 15 U.S.C. 632.
    This Declaratory Ruling addresses a Petition for Clarification 
(Petition) filed by WorldCom, Inc. (WorldCom) in December of 2000. 
WorldCom, Petition for Clarification, CC Docket No. 90-571, 
Telecommunications Services for Individuals with Hearing and Speech 
Disabilities, Dec. 22, 2000. This Petition requests that the Federal 
Communications Commission (Commission) clarify that Internet Protocol 
(IP) telecommunications relay services (TRS) are eligible for 
reimbursement from the Interstate Telecommunications Relay Service 
Fund. The Commission sought comments on the WorldCom Petition in a 
Public Notice. Consumer Information Bureau Seeks Additional Comment on 
the Provision of Improved Telecommunications Relay Service, DA 01-1555, 
Public Notice, 16 FCC Rcd 13100, Jun. 29, 2001; published at 66 FR 
37631, Jul. 19, 2001. As a result of the WorldCom Petition and filed 
public comments, the Commission is issuing this Declaratory Ruling 
which will allow WorldCom to recover such costs.
    As noted in paragraph 59 of the Declaratory Ruling, this item 
imposes a regulatory burden on the Interstate TRS Fund Administrator, 
requiring it to pay qualified providers of IP telecommunications relay 
services (TRS) for their costs caused by their TRS. The Interstate TRS 
Fund is a not-for-profit organization, and therefore is a ``small 
organization.'' A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' 5 U.S.C. 601(4). Nationwide, as of 1992, there 
were approximately 275,801 small

[[Page 39864]]

organizations. U.S. Department of Commerce, Bureau of the Census, 1992, 
Table 6 (special Tabulation of data under contract of the Office of 
Advocacy of the U.S. Small Business Administration). Because the 
Interstate TRS Fund is the only entity affected by the Declaratory 
Ruling, we conclude that a ``substantial number'' of small entities 
will not be affected by the Declaratory Ruling.
    Therefore, we certify that the requirements of this Declaratory 
Ruling will not have a significant economic impact on a substantial 
number of small entities. The Commission will send a copy of the 
Declaratory Ruling, including a copy of this Final Regulatory 
Flexibility Certification, in a report to Congress pursuant to the 
Congressional Review Act. See 5 U.S.C. 801(a)(1)(A). In addition, the 
Declaratory Ruling and this final certification will be sent to the 
Chief Counsel for Advocacy of the SBA, and will be published in the 
Federal Register. See 5.U.S.C. 605(b).

Ordering Clauses

    Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1,2, and 225 of the Communications Act of 1934, 
as amended, 47 U.S.C. 151, 152 and 225, this Declaratory Ruling is 
adopted.
    It is further ordered that WorldCom's Petition for Clarification is 
granted to the extent indicated herein.
    It is further ordered that the waivers requested by WorldCom in its 
Petition for Clarification, regarding certain of the minimum standards 
for TRS contained in 47 CFR 64.604, ARE GRANTED, to the extent 
indicated herein.
    It is further ordered that the Administrator of the Interstate 
Fund, the National Exchange Carriers Association, shall upon release of 
this Declaratory Ruling by the Commission, pay eligible providers of IP 
Relay the costs of providing IP Relay using the PSTN-based TRS formula 
rate per minute.
    It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Declaratory Ruling, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-14677 Filed 6-10-02; 8:45 am]
BILLING CODE 6712-01-P