[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Rules and Regulations]
[Page 18827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9253]



[[Page 18825]]

-----------------------------------------------------------------------

Part IV





Federal Communications Commission





-----------------------------------------------------------------------



47 CFR Part 64



Provision of Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals With Hearing and Speech Disabilities and 
Notice of Public Information Collection(s) Being R

[[Page 18826]]

eviewed by the Federal Communications Commission; Final Rule and Notice

  Federal Register / Vol. 68, No. 73 / Wednesday, April 16, 2003 / 
Rules and Regulations  
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 98-67; FCC 03-46]


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

AGENCY: Federal Communications Commission.

ACTION: Waiver and clarification.

-----------------------------------------------------------------------

SUMMARY: This document extends the previously granted one-year waivers 
of the emergency call handling, voice carry over (VCO), and speech-to-
speech (STS) telecommunications relay services mandatory minimum 
standards for five years for IP Relay providers. Additionally, this 
document waives the ``900'' number services (a type of pay-per-call 
service) and the hearing carry over (HCO) telecommunications relay 
service (TRS) mandatory minimum standards for a five-year period for IP 
Relay providers. All waivers are contingent on IP Relay providers 
filing an annual report with the Commission detailing the technological 
changes in these areas, the progress made, and the steps taken to 
resolve the technical problems that prohibit IP Relay providers from 
meeting the TRS mandatory minimum standards waived in this document. 
These waivers of TRS mandatory minimum standards apply to all other 
current and potential IP Relay providers.

DATES: Effective March 14, 2002.

FOR FURTHER INFORMATION CONTACT: Janet Sievert, of the Consumer & 
Governmental Affairs Bureau at (202) 418-1362 (voice), (202) 418-1398 
(TTY), or e-mail [email protected]. For additional information 
concerning the information collection(s) contained in the Order on 
Reconsideration, contact Leslie Smith at (202) 418-0217, or via the 
Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration, adopted March 4, 2003, and released March 14, 2003. 
See 67 FR 39863, June 11, 2002. This Order on Reconsideration contains 
a new information collection(s) subject to the Paperwork Reduction Act 
of 1995 (PRA), Public Law 104-13. It will be submitted to the Office of 
Management and Budget (OMB) for review under Section 3507 of the PRA. 
OMB, the general public, and other Federal agencies are invited to 
comment on the new information collection(s) contained in this Order on 
Reconsideration. 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]. To request materials in accessible formats for 
people with disabilities (braille, large print, electronic files, audio 
format), send an e-mail to [email protected] or call the Consumer & 
Governmental Affairs Bureau at (202) 418-0531 (voice), (202) 418-7365 
(TTY). This Order on Reconsideration can also be downloaded in Text and 
ASCII formats at: http://www.fcc.gov/cgb/dro.

Synopsis

    In this Order on Reconsideration, the Commission resolves two 
petitions for reconsideration filed by WorldCom, Inc., and Sprint 
Corporation. WorldCom requests that the Commission extend the emergency 
call handling, VCO, and STS waivers from a one-year period to either a 
five-year period or an indefinite time. Because a one-year period may 
be too short of a time period for the necessary technological 
advancements to make it feasible for IP Relay providers to offer 
emergency call handling, VCO and STS, the Commission extended the one-
year waiver of these requirements to a five-year period. Sprint 
requests that the Commission grant IP Relay providers waivers of the 
900 number services and hearing carry over (HCO) TRS mandatory minimum 
standards. Additionally, because it is technically infeasible for IP 
Relay providers to offer 900 number services (47 CFR 64.604(a)(3)) and 
one-line HCO (47 CFR 64.604(a)(5)), the Commission waived these TRS 
mandatory minimum standards for a period of five years for IP Relay 
providers. All waivers were granted contingent on IP Relay providers 
filing an annual report with the Commission detailing the technological 
changes in these areas, the progress made, and the steps taken to 
resolve the technical problems that prohibit IP Relay providers from 
meeting the TRS mandatory minimum standards waived. For administrative 
convenience all wavers granted in this document expire on January 1, 
2008.

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA) requires 
that a regulatory flexibility analysis be prepared for rulemaking 
proceedings, unless the agency certifies that ``the rule will not have 
a significant economic impact on a substantial number of small 
entities. The RFA, see 5 U.S.C. 601 et. seq., has been amended by the 
Contract with America Advancement Act of 1996, Public Law 104-121, 110 
Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business 
Regulatory Enforcement Act of 1996 (SBREFA). 5 U.S.C.605(b). The RFA 
generally defines ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction. 5 U.S.C. 601(b). 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 definitions(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. This item imposes a regulatory burden on 
IP Relay providers , requiring them to file an annual report with the 
Commission concerning the status of technology developed that will 
allow IP Relay providers to meet the telecommunications relay services 
mandatory minimum standards waived herein for IP Relay providers. 
Currently only three entities are providing IP Relay: AT&T, Sprint, and 
WorldCom. These are large entities. There is one entity, Hamilton 
Relay, Inc., that is preparing to offer IP Relay service which may be a 
small entity. The effect of this reporting requirement on any small 
business will not be significant. Based on the small number of entities 
providing IP Relay service, we conclude that this action will not cause 
a significant impact on small business. Based on the above, we conclude 
that our action will not affect a substantial

[[Page 18827]]

number of small businesses. Therefore, we certify that the requirements 
of this Order on Reconsideration will not have a significant economic 
impact on a substantial number of small entities. The Commission will 
send a copy of the Order on Reconsideration including a copy of this 
final certification, in a report to Congress pursuant to the 
Congressional Review Act of 1996. See 5 U.S.C. 801(a)(1)(A). In 
addition, the Order on Reconsideration and this certification will be 
sent to the Chief Counsel for Advocacy of the Small Business 
Administration, and will be published in the Federal Register. See 5 
U.S.C. 605(b).

Paperwork Reduction Act

    This Order on Reconsideration contains a new information 
collection(s). The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general pubic to comment on the 
information collection(s) contained in the Order on Reconsideration as 
required by the Paperwork Reduction Act (``PRA'') of 1995, Public Law 
104-13. Public and agency comments are due June 16, 2003. The 
information collection(s) shall become effective following approval by 
the Office of Management and Budget. The Federal Communications 
Commission will publish a document in the Federal Register announcing 
the effective date.

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 Order on Reconsideration is 
adopted.
    It is further ordered that WorldCom's Petition for Reconsideration 
IS GRANTED to the extent indicated herein.
    It is further ordered that Sprint's Petition for Limited 
Reconsideration IS GRANTED to the extent indicated herein (granting 
waivers of 47 CFR 64.604(a)(3) and 47 CFR 64.604(a)(5)).
    It is further ordered that IP Relay providers subject to the 
waivers granted shall submit annually a report, as indicated herein, to 
the Commission twelve months after publication of this Order on 
Reconsideration in the Federal Register.
    It is further ordered that the late filed comments of 
Telecommunications for the Deaf, Inc., and Self Help for Hard of 
Hearing People are considered as part of the record in this proceeding.
    It is further ordered that the Commission's Consumer & Governmental 
Affairs Bureau, Reference Information Center, Shall send a copy of the 
Order on Reconsideration, including the Final Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    It is further ordered that the information collection(s) contained 
in the Order on Reconsideration Shall become effective following 
approval by the Office of Management and Budget in the Federal Register 
announcing the effective date for those sections.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 03-9253 Filed 4-15-03; 8:45 am]
BILLING CODE 6712-01-P