[Federal Register Volume 68, Number 164 (Monday, August 25, 2003)]
[Rules and Regulations]
[Pages 50973-50978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21615]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 98-67; FCC 03-112]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission rules pertaining to 
mandatory minimum standards, and other regulations, for 
Telecommunications Relay Services (TRS) and speech-to-speech services 
for individuals with hearing and speech disabilities. The amended rules 
are intended to improve the overall effectiveness of TRS to ensure that 
persons with hearing and speech disabilities have access to 
telecommunications networks that is consistent with the goal of 
functional equivalency mandated by Congress.

DATES: Effective September 24, 2003 except Sec.  64.604 (a)(3) and 
(c)(2) of the Commission's rules, which contains information collection 
requirements under the Paperwork Reduction Act (PRA), that are not 
effective until approved by Office of Management and Budget (OMB). 
Written comments by the public on the new and modified information 
collections are due October 24, 2003. The Commission will publish a 
document in the Federal Register announcing the effective date for that 
section.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC, 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collection(s) 
contained herein should be submitted to Leslie Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Cheryl King, of the Consumer & 
Governmental Affairs Bureau at (202) 418-2284 (voice), (202) 418-0416 
(TTY), or e-mail [email protected]. For additional information 
concerning the information collection(s) contained in this document, 
contact Leslie Smith at (202) 418-0217, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This Second Report and Order, Order on 
Reconsideration contains new and modified collections subject to the 
PRA of 1995, Public Law 104-13. These will be submitted to the OMB for 
review under section 3507(d) of the PRA. OMB, the general public, and 
other Federal agencies are invited to comment on the new and modified 
information collections contained in this proceeding. This document 
contains a Second Report and Order addressing issues arising from the 
Further Notice of Proposed Rulemaking contained in Telecommunications 
Relay Services and Speech-to-Speech Services for Individuals with 
Hearing and Speech Disabilities, Report and Order and Further Notice of 
Proposed Rulemaking, (Improved TRS Order and FNPRM), CC No. Docket 98-
67, FCC No. 00-56, 15 FCC Rcd 5140, March 6, 2000; published at 65 FR 
40093, June 21, 2000, and comments received in response thereto. This 
document also contains an Order on Reconsideration which resolves 
petitions for reconsideration filed against the Improved TRS Order and 
FNPRM. 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 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 Second Report and 
Order, Order on Reconsideration can also be downloaded in Text and 
ASCII formats at: http://www.fcc.gov/cgb/dro.

Paperwork Reduction Act

    The Second Report and Order, Order on Reconsideration contains 
either new and/or modified information collections. The Commission, as 
part of its continuing effort to reduce paperwork burdens, invites the 
general public to comment on the information

[[Page 50974]]

collection(s) contained in this Second Report and Order, Order on 
Reconsideration as required by the PRA of 1995, Public Law 104-13. 
Public and agency comments are due October 24, 2003.

Synopsis

    In this Second Report and Order, the Commission establishes new 
rules and amends existing rules governing TRS to further advance the 
functional equivalency mandate of section 225 of the Communications Act 
of 1934, 47 U.S.C. 225. First, the Commission requires that TRS 
providers offer certain improved services and features where 
technologically feasible, as well as several additional types of TRS 
calls. In addition, the Commission requires that all TRS providers 
implement 711 dialing access for STS users. Further, the Commission 
revises the requirements for handling emergency calls and provides 
guidance for public access to TRS-related information. In the Order on 
Reconsideration, the Commission addresses certain requirements for 
communications assistants and other matters relating to TRS.

Final Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980 (RFA), as 
amended, 5 U.S.C. 603 et seq, an Initial Regulatory Flexibility (IRFA) 
was incorporated in the further notice of proposed rule making to which 
this Second Report and Order responds. See Improved TRS Order and 
FNPRM. The Commission sought written public comment on the proposals in 
the Improved TRS Order and FNPRM, including comment on the IRFA 
incorporated in that proceeding. The comments we have received discuss 
only the general recommendations, not the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA. See 5 
U.S.C. 604. We also expect that we could certify the Second Report and 
Order under 5 U.S.C. 605, because it appears that only one TRS provider 
is likely a small entity (because it is a non-profit organization). 
Therefore, there is not a substantial number of small entities that may 
be affected by our action.

Need for, and Objective of This Report and Order

    This proceeding was initiated to address the requirement that 
telecommunications relay services (TRS) users have access to telephone 
services that are functionally equivalent to those available to 
individuals without hearing or speech disabilities. Our specific 
concerns were to examine the mandatory minimum standards for TRS with 
regard to enhanced features available to the non-disabled 
telecommunications consumer, and to address emergency call handling and 
Speech-to-Speech (STS) services. The Commission issued the Improved TRS 
FNPRM to further develop the record with the goal of making the full 
range of telecommunications services and features available to TRS 
users, consistent with Congress' direction that TRS regulations 
encourage the use of existing technology and not discourage or impair 
the development of improved technology. See 47 U.S.C. 225(d)(2). The 
Improved TRS FNPRM also sought comment on outreach programs, the 
accessibility of emergency services to TRS, and whether SS7 technology 
should be made available to TRS facilities.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    No comments were filed directly in response to the IRFA in this 
proceeding. The Commission has nonetheless considered potential 
significant economic impact of the rules on small entities and as 
discussed below has concluded that the rules adopted may imposed some 
economic burden on at least one small entity that is a TRS provider.

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

    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 rules adopted herein. 5 U.S.C. 694(a)(3). The RFA 
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'' 15 U.S.C. 
632). Pursuant to the 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 an 
additional criterion established by the Small Business Administration 
(SBA). 15 U.S.C. 632. 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 organizations. The term ``small 
governmental jurisdiction'' is defined as ``governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts, with a population of less than fifty thousand.'' 5 U.S.C. 
601(5). As of 1997, there were approximately 87,453 governmental 
jurisdictions in the United States. U.S. Census Bureau, Statistical 
Abstracts of the United States: 2000, Section 9 pages 299-300, Tables 
490 and 492. This number includes 39,044 county governments, 
municipalities, and townships of which 37,546 (approximately 96.2%) 
have populations of fewer than 50,000 and 1,498 have populations of 
50,000 or more. Thus, we estimate the number of small governmental 
jurisdictions overall to be 84,098 or fewer.
    Below, we further describe and estimate the number of small entity 
licensees and regulatees that, in theory, may be affected by these 
rules. For some categories, the most reliable source of information 
available at this time is data the Commission publishes in its Trends 
in Telephone Service Report. FCC, Wireline Competition Bureau, Industry 
Analysis and Technology Division, ``Trends in Telephone Service'' at 
Table 5.3, Page 5-5 (May 2002) (Trends in Telephone Service). FCC Web 
site location (see online page 24): http://www.fcc.gov/Bureaus/CommonCarrier/Reports/FCC-StateLink/IAD/trend502.pdf.
    Local Exchange Carriers. We have included small incumbent LECs in 
this present RFA analysis. As noted above, a ``small business'' under 
the RFA is one that, inter alia, meets the pertinent small business 
size standard (e.g., a telephone communications business having 1,500 
or fewer employees), and ``is not dominant in its field of operation.'' 
15 U.S.C. 632. The SBA's Office of Advocacy contends that, for RFA 
purposes, small incumbent LECs are not dominant in their field of 
operation because any such dominance is not ``national'' in scope. 
Letter from Jere W. Glover, Chief Counsel for Advocacy, SBA, to William 
E. Kennard, Chairman, FCC (May 27, 1999). The Small Business Act 
contains a definition of ``small business concern,'' which the

[[Page 50975]]

RFA incorporates into its own definition of ``small business.'' See 15 
U.S.C. 632(a) (Small Business Act); 5 U.S.C. 601(3) (RFA). SBA 
regulations interpret ``small business concern'' to include the concept 
of dominance on a national basis. 13 CFR 121.102(b). We have therefore 
included small incumbent LECs in this RFA analysis, although we 
emphasize that this RFA action has no effect on FCC analyses and 
determinations in other, non-RFA contexts.
    Incumbent Local Exchange Carriers. Neither the Commission nor the 
SBA has developed a small business size standard specifically directed 
toward providers of incumbent local exchange service. The closest 
applicable size standard under SBA rules is for Wired 
Telecommunications Carriers. 13 CFR 121.201 NAICS Code 517110. This 
provides that such a carrier is a small entity if it employs no more 
than 1,500 employees. Id. Commission data from 2000 indicate that there 
are 1,329 incumbent local exchange carriers, total, with approximately 
1,024 having 1,500 or fewer employees. Trends in Telephone Service at 
Table 5.3. The small carrier number is an estimate and might include 
some carriers that are not independently owned and operated; we are 
therefore unable at this time to estimate with greater precision the 
number of these carriers that would qualify as small businesses under 
SBA's size standard. Consequently, we estimate that there are no more 
than 1,024 ILECS that are small businesses possibly affected by our 
action.
    Interexchange Carriers. Neither the Commission nor the SBA has 
developed a small business size standard specifically directed toward 
providers of interexchange services. The closest applicable size 
standard under SBA rules is for Wired Telecommunications Carriers. 13 
CFR 121.201, NAICS Code 517110. This provides that such a carrier is a 
small entity if it employs no more than 1,500 employees. Commission 
data from 2000 indicate that there are 229 interexchange carriers, 
total, with approximately 181 having 1,500 or fewer employees. Trends 
in Telephone Service at Table 5.3. The small carrier number is an 
estimate and might include some carriers that are not independently 
owned and operated; we are therefore unable at this time to estimate 
with greater precision the number of these carriers that would qualify 
as small businesses under SBA's size standard. Consequently, we 
estimate that there are no more than 181 interexchange carriers that 
are small businesses possibly affected by our action.
    TRS Providers. Neither the Commission nor the SBA has developed a 
definition of ``small entity'' specifically directed towards providers 
of telecommunications relay services (TRS). Again, the closest 
applicable size standard under the SBA rules is for Wired 
Telecommunications Carriers. 13 CFR 121.201, NAICS Code 517110. 
Currently, there are 10 interstate TRS providers, which consist of 
interexchange carriers, local exchange carriers, state-managed 
entities, and non-profit organizations. The Commission estimates that 
at least one TRS provider is a small entity. The FCC notes that these 
providers include several large interexchange carriers and incumbent 
local exchange carriers. Some of these large carriers may only provide 
TRS service in a small area but they nevertheless are not small 
business entities. MCI WorldCom, for example, provides TRS in only a 
few states but is not a small business. Consequently, the FCC estimates 
that at least one TRS provider is a small entity that may be affected 
by our action.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    Reporting and Recordkeeping. This Second Report and Order involves 
no new mandatory reporting requirements. These rules require a speed 
dialing feature that may require TRS providers to maintain a list of 
telephone numbers. The Second Report and Order adopts a rule to require 
that TRS facilities provide speed dialing functionality on an 
intrastate and interstate basis; however, it does not adopt specific 
requirements for speed dialing functionality at this time.We anticipate 
that TRS providers will develop customized speed dialing and expect 
that consumers' needs will be addressed as this feature matures. The 
Second Report and Order also establishes voluntary reporting 
requirements associated with certain waivers available for certain TRS 
providers. Consistent with the IP Relay Order on Reconsideration, 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Declaratory Ruling 
and Second Further Notice of Proposed Rule Making, FCC 02-121, 17 FCC 
Rcd 7779, April 22, 2002; published at 67 FR 39863 and 67 FR 39929, 
June 11, 2002 (IP Relay Declaratory Ruling and FNPRM), Order on 
Reconsideration, FCC 03-46, 18 FCC Rcd 4761, March 14, 2003; published 
at 68 FR 18825, April 16, 2003 (IP Relay Order on Reconsideration), 
this Report and Order establishes waivers for TRS providers that 
provide Internet Protocol (IP) Relay and video relay service (VRS). The 
waivers set forth in the Second Report and Order are contingent on 
annual reports filed with the Commission detailing the technological 
changes in these areas, the progress made, and the steps taken to 
resolve the technologically problems that prevent IP Relay and VRS 
providers from offering these types of TRS calls. This requirement has 
very little economic impact on the TRS providers because it merely 
requires an annual submission of an annual report to the Commission and 
the reports are voluntary because IP Relay and VRS are not mandatory 
forms of TRS under our rules.
    Other Compliance Requirements. The rules adopted in this Second 
Report and Order require that all TRS providers provide several types 
of TRS calls including: Two-line VCO and two-line HCO, HCO-to-TTY and 
HCO-to-HCO, and VCO-to-TTY and VCO-to-VCO. The rules also require that 
TRS facilities route emergency TRS calls to the designated PSAP to 
which a direct voice call from a non-TRS number would be delivered. 
Furthermore, the rules require that TRS facilities provide certain 
technological features, including call release and three-way calling. 
The Order on Reconsideration clarifies certain reporting requirements 
for contact persons. These rules will affect TRS providers.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternative Considered

    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 (among others): (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. 5 U.S.C. 603 (c)(1)-(c)(4). One of the main purposes of this 
Second Report and Order is to clarify many of the current requirements 
for TRS providers. The annual reports associated with the waivers for 
IP Relay and VRS providers have been made to expire at the same time as 
previous waivers so that TRS providers have one deadline instead of 
multiple deadlines to which they must adhere if providing those non-
mandatory forms of TRS. Any

[[Page 50976]]

new requirements that are imposed are similar to services currently 
being offered and therefore the Commission expects a minimal impact on 
small business. Currently, most TRS providers are not small entities, 
and are either interexchange carriers or local exchange carriers, with 
very few exceptions. This Second Report and Order adopts rules that 
will improve the effectiveness of TRS and ensure access to 
telecommunications networks for persons with hearing and speech 
disabilities while imposing the least necessary regulation.

Report to Congress

    The Commission will send a copy of the Second Report and Order, 
Order on Reconsideration including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act. See 5 U.S.C. 
801(a)(1)(A). In addition, the Commission will send a copy of the 
Report and Order including this FRFA, to the Chief of Counsel for 
Advocacy of the Small Business Administration. A copy of the Report and 
Order, Order on Reconsideration and FRFA (or summaries thereof) will 
also be published in the Federal Register.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 2, 4(i) and 4(j), 201-205, 218 and 225 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 201-205, 218 and 225, this Second Report and Order, Order on 
Reconsideration are adopted and Part 64 of Commission's rules is 
amended as set forth in the rule changes.
    It is further ordered that the amendments to Sec. Sec.  64.601 
through 64.605 of the Commission's rules as set forth are adopted, 
effective September 24, 2003 except Sec. Sec.  64.604 (a)(3) and 
(c)(2), that contains information collection requirements under the 
PRA, that are not effective until approved by OMB. The Commission will 
publish a document in the Federal Register announcing the effective 
date for that section.
    It is further ordered that the Commission's Consumer & Governmental 
Affairs Bureau, Reference Information Center, shall send a copy of this 
Second Report Order, Order on Reconsideration, including the Final 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Part 64

    Telecommunications, Individuals with disabilities, Reporting and 
recordkeeping requirements.

Federal Communications Commission.
Marlene H. Dortch,
Secretary. ?

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); sections. 403(b)(2)(B), (c), 
Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 225, 226, 228, and 254(k) unless otherwise noted.


0
2. Section 64.601 is revised to read as follows:


Sec.  64.601  Definitions.

    As used in this subpart, the following definitions apply:
    (1) 711. The abbreviated dialing code for accessing all types of 
relay services anywhere in the United States.
    (2) American Sign Language (ASL). A visual language based on hand 
shape, position, movement, and orientation of the hands in relation to 
each other and the body.
    (3) ASCII. An acronym for American Standard Code for Information 
Interexchange which employs an eight bit code and can operate at any 
standard transmission baud rate including 300, 1200, 2400, and higher.
    (4) Baudot. A seven bit code, only five of which are information 
bits. Baudot is used by some text telephones to communicate with each 
other at a 45.5 baud rate.
    (5) Call release. A TRS feature that allows the CA to sign-off or 
be ``released'' from the telephone line after the CA has set up a 
telephone call between the originating TTY caller and a called TTY 
party, such as when a TTY user must go through a TRS facility to 
contact another TTY user because the called TTY party can only be 
reached through a voice-only interface, such as a switchboard.
    (6) Common carrier or carrier. Any common carrier engaged in 
interstate Communication by wire or radio as defined in section 3(h) of 
the Communications Act of 1934, as amended (the Act), and any common 
carrier engaged in intrastate communication by wire or radio, 
notwithstanding sections 2(b) and 221(b) of the Act.
    (7) Communications assistant (CA). A person who transliterates or 
interprets conversation between two or more end users of TRS. CA 
supersedes the term ``TDD operator.''
    (8) Hearing carry over (HCO). A form of TRS where the person with 
the speech disability is able to listen to the other end user and, in 
reply, the CA speaks the text as typed by the person with the speech 
disability. The CA does not type any conversation. Two-line HCO is an 
HCO service that allows TRS users to use one telephone line for hearing 
and the other for sending TTY messages. HCO-to-TTY allows a relay 
conversation to take place between an HCO user and a TTY user. HCO-to-
HCO allows a relay conversation to take place between two HCO users.
    (9) Non-English language relay service. A telecommunications relay 
service that allows persons with hearing or speech disabilities who use 
languages other than English to communicate with voice telephone users 
in a shared language other than English, through a CA who is fluent in 
that language.
    (10) Qualified interpreter. An interpreter who is able to interpret 
effectively, accurately, and impartially, both receptively and 
expressively, using any necessary specialized vocabulary.
    (11) Public Safety Answering Point (PSAP). A facility that has been 
designated to receive 911 calls and route them to emergency services 
personnel as provided in 47 CFR 64.3000(c).
    (12) Speech-to-speech relay service (STS). A telecommunications 
relay service that allows individuals with speech disabilities to 
communicate with voice telephone users through the use of specially 
trained CAs who understand the speech patterns of persons with speech 
disabilities and can repeat the words spoken by that person.
    (13) Speed dialing. A TRS feature that allows a TRS user to place a 
call using a stored number maintained by the TRS facility. In the 
context of TRS, speed dialing allows a TRS user to give the CA a short-
hand'' name or number for the user's most frequently called telephone 
numbers.
    (14) Telecommunications relay services (TRS). Telephone 
transmission services that provide the ability for an individual who 
has a hearing or speech disability to engage in communication by wire 
or radio with a hearing individual in a manner that is functionally 
equivalent to the ability of an individual who does not have a hearing 
or speech disability to communicate using voice communication services 
by wire or radio. Such term includes services that enable two-way 
communication between an individual who uses a text telephone or other 
nonvoice terminal device and an individual who does not

[[Page 50977]]

use such a device, speech-to-speech services, video relay services and 
non-English relay services. TRS supersedes the terms ``dual party relay 
system,'' ``message relay services,'' and ``TDD Relay.''
    (15) Text telephone (TTY). A machine that employs graphic 
communication in the transmission of coded signals through a wire or 
radio communication system. TTY supersedes the term ``TDD'' or 
``telecommunications device for the deaf,'' and TT.
    (16) Three-way calling feature. A TRS feature that allows more than 
two parties to be on the telephone line at the same time with the CA.
    (17) Video relay service (VRS). A telecommunications relay service 
that allows people with hearing or speech disabilities who use sign 
language to communicate with voice telephone users through video 
equipment. The video link allows the CA to view and interpret the 
party's signed conversation and relay the conversation back and forth 
with a voice caller.
    (18) Voice carry over (VCO). A form of TRS where the person with 
the hearing disability is able to speak directly to the other end user. 
The CA types the response back to the person with the hearing 
disability. The CA does not voice the conversation. Two-line VCO is a 
VCO service that allows TRS users to use one telephone line for voicing 
and the other for receiving TTY messages. A VCO-to-TTY TRS call allows 
a relay conversation to take place between a VCO user and a TTY user. 
VCO-to-VCO allows a relay conversation to take place between two VCO 
users.

0
3. Section 64.604 is amended by revising paragraphs (a)(1), (a)(3), 
(b), (c)(2) and (c)(6)(v)(A)(1) to read as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (a) Operational standards.--(1) Communications assistant (CA).
    (i) TRS providers are responsible for requiring that all CAs be 
sufficiently trained to effectively meet the specialized communications 
needs of individuals with hearing and speech disabilities.
    (ii) CAs must have competent skills in typing, grammar, spelling, 
interpretation of typewritten ASL, and familiarity with hearing and 
speech disability cultures, languages and etiquette. CAs must possess 
clear and articulate voice communications.
    (iii) CAs must provide a typing speed of a minimum of 60 words per 
minute. Technological aids may be used to reach the required typing 
speed. Providers must give oral-to-type tests of CA speed.
    (iv) TRS providers are responsible for requiring that VRS CAs are 
qualified interpreters. A ``qualified interpreter'' is able to 
interpret effectively, accurately, and impartially, both receptively 
and expressively, using any necessary specialized vocabulary.
    (v) CAs answering and placing a TTY-based TRS or VRS call must stay 
with the call for a minimum of ten minutes. CAs answering and placing 
an STS call must stay with the call for a minimum of fifteen minutes.
    (vi) TRS providers must make best efforts to accommodate a TRS 
user's requested CA gender when a call is initiated and, if a transfer 
occurs, at the time the call is transferred to another CA.
    (vii) TRS shall transmit conversations between TTY and voice 
callers in real time.
* * * * *
    (3) Types of calls. (i) Consistent with the obligations of 
telecommunications carrier operators, CAs are prohibited from refusing 
single or sequential calls or limiting the length of calls utilizing 
relay services.
    (ii) Relay services shall be capable of handling any type of call 
normally provided by telecommunications carriers unless the Commission 
determines that it is not technologically feasible to do so. Relay 
service providers have the burden of proving the infeasibility of 
handling any type of call.
    (iii) Relay service providers are permitted to decline to complete 
a call because credit authorization is denied.
    (iv) Relay services shall be capable of handling pay-per-call 
calls.
    (v) TRS providers are required to provide the following types of 
TRS calls: (1) Text-to-voice and voice-to-text; (2) VCO, two-line VCO, 
VCO-to-TTY, and VCO-to-VCO; (3) HCO, two-line HCO, HCO-to-TTY, HCO-to-
HCO.
    (vi) TRS providers are required to provide the following features: 
(1) Call releasefunctionality; (2) speed dialing functionality; and (3) 
three-way calling functionality.
    (vii) Voice mail and interactive menus. CAs must alert the TRS user 
to the presence of a recorded message and interactive menu through a 
hot key on the CA's terminal. The hot key will send text from the CA to 
the consumer's TTY indicating that a recording or interactive menu has 
been encountered. Relay providers shall electronically capture recorded 
messages and retain them for the length of the call. Relay providers 
may not impose any charges for additional calls, which must be made by 
the relay user in order to complete calls involving recorded or 
interactive messages.
    (viii) TRS providers shall provide, as TRS features, answering 
machine and voice mail retrieval.
    (4) Handling of emergency calls. Providers must use a system for 
incoming emergency calls that, at a minimum, automatically and 
immediately transfers the caller to an appropriate Public Safety 
Answering Point (PSAP). An appropriate PSAP is the designated PSAP to 
which a direct call from the particular number would be delivered. In 
addition, a CA must pass along the caller's telephone number to the 
PSAP when a caller disconnects before being connected to emergency 
services.
    (5) STS called numbers. Relay providers must offer STS users the 
option to maintain at the relay center a list of names and telephone 
numbers which the STS user calls. When the STS user requests one of 
these names, the CA must repeat the name and state the telephone number 
to the STS user. This information must be transferred to any new STS 
provider.
    (b) Technical standards. (1) ASCII and Baudot. TRS shall be capable 
of communicating with ASCII and Baudot format, at any speed generally 
in use.
    (2) Speed of answer. (i) TRS providers shall ensure adequate TRS 
facility staffing to provide callers with efficient access under 
projected calling volumes, so that the probability of a busy response 
due to CA unavailability shall be functionally equivalent to what a 
voice caller would experience in attempting to reach a party through 
the voice telephone network.
    (ii) TRS facilities shall, except during network failure, answer 
85% of all calls within 10 seconds by any method which results in the 
caller's call immediately being placed, not put in a queue or on hold. 
The ten seconds begins at the time the call is delivered to the TRS 
facility's network. A TRS facility shall ensure that adequate network 
facilities shall be used in conjunction with TRS so that under 
projected calling volume the probability of a busy response due to loop 
trunk congestion shall be functionally equivalent to what a voice 
caller would experience in attempting to reach a party through the 
voice telephone network.
    (A) The call is considered delivered when the TRS facility's 
equipment accepts the call from the local exchange carrier (LEC) and 
the public switched network actually delivers the call to the TRS 
facility.
    (B) Abandoned calls shall be included in the speed-of-answer 
calculation.
    (C) A TRS provider's compliance with this rule shall be measured on 
a daily basis.

[[Page 50978]]

    (D) The system shall be designed to a P.01 standard.
    (E) A LEC shall provide the call attempt rates and the rates of 
calls blocked between the LEC and the TRS facility to relay 
administrators and TRS providers upon request.
    (3) Equal access to interexchange carriers. TRS users shall have 
access to their chosen interexchange carrier through the TRS, and to 
all other operator services, to the same extent that such access is 
provided to voice users.
    (4) TRS facilities. (i) TRS shall operate every day, 24 hours a 
day. Relay services that are not mandated by this Commission need not 
to be provided every day, 24 hours a day.
    (ii) TRS shall have redundancy features functionally equivalent to 
the equipment in normal central offices, including uninterruptible 
power for emergency use.
    (5) Technology. No regulation set forth in this subpart is intended 
to discourage or impair the development of improved technology that 
fosters the availability of telecommunications to person with 
disabilities. TRS facilities are permitted to use SS7 technology or any 
other type of similar technology to enhance the functional equivalency 
and quality of TRS. TRS facilities that utilize SS7 technology shall be 
subject to the Calling Party Telephone Number rules set forth at 47 CFR 
64.1600 et seq.
    (6) Caller ID. When a TRS facility is able to transmit any calling 
party identifying information to the public network, the TRS facility 
must pass through, to the called party, at least one of the following: 
the number of the TRS facility, 711, or the 10-digit number of the 
calling party.
    (c) * * *
    (2) Contact persons. Beginning on June 30, 2000, State TRS 
Programs, interstate TRS providers, and TRS providers that have state 
contracts must submit to the Commission a contact person and/or office 
for TRS consumer information and complaints about a certified State TRS 
Program's provision of intrastate TRS, or, as appropriate, about the 
TRS provider's service. This submission must include, at a minimum, the 
following:
    (i) The name and address of the office that receives complaints, 
grievances, inquiries, and suggestions;
    (ii) Voice and TTY telephone numbers, fax number, e-mail address, 
and web address; and
    (iii) The physical address to which correspondence should be sent.
* * * * *
    (6) * * *
    (v) * * *
    (A) * * *
    (1) Form. An informal complaint may be transmitted to the Consumer 
& Governmental Affairs Bureau by any reasonable means, such as letter, 
facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, or 
some other method that would best accommodate a complainant's hearing 
or speech disability.
* * * * *
[FR Doc. 03-21615 Filed 8-22-03; 8:45 am]
BILLING CODE 6712-01-P