[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Rules and Regulations]
[Pages 55898-55900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24485]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 98-67; FCC 03-190]


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

AGENCY: Federal Communications Commission.

ACTION: Clarification and waiver.

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SUMMARY: This document clarifies that captioned telephone voice carry 
over (VCO) service is a type of telecommunications relay service (TRS), 
and that eligible providers of such service are eligible to recover 
their costs in accordance with section 225 of the Communications Act. 
This document also clarifies that certain TRS mandatory minimum 
standards do not apply to captioned telephone VCO service, and waives 
other TRS mandatory standards for captioned telephone VCO service, for 
all current and future captioned telephone VCO service providers, for 
the same period of time indicated herein, beginning on the date of 
release of this Declaratory Ruling.

DATES: Effective August 1, 2003.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. In addition to filing comments with the 
Secretary, a copy of any comment on the information collection 
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], and 
to Kim A. Johnson, OMB Desk Officer, Room 10236 NEOB, 725 17th Street, 
NW., Washington, DC 20503 or via the Internet to [email protected].

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].

SUPPLEMENTARY INFORMATION: This Declaratory Ruling contains new and/or 
modified collections subject to the PRA of 1995, Pub. L. 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/or modified information collection(s) contained 
in this proceeding. This is a summary of the Commission's Declaratory 
Ruling, adopted July 25, 2003, released August 1, 2003. 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 Declaratory Ruling can also be 
downloaded in Text and ASCII formats at: http://www.fcc.gov/cgb/dro.

Paperwork Reduction Act

    The Declaratory Ruling contains either new and/or modified 
information collection(s). The Commission, as part of its continuing 
effort to reduce paperwork burdens, invites the general public to 
comment on the information collection(s) contained in this Declaratory 
Ruling as required by the PRA of 1995, Pub. L. 104-13. Public and 
agency comments are due November 28, 2003.

Synopsis

    In this Declaratory Ruling, the Commission responds to a Petition 
for Clarification filed by Ultratec, Inc. (Ultratec), requesting that 
the Commission clarify that captioned telephone service, which Ultratec 
calls CapTel, an enhanced VCO service, is a type of TRS and eligible 
for

[[Page 55899]]

reimbursement from the Interstate TRS Fund under the TRS rules. TRS 
enables persons with hearing and speech disabilities to communicate by 
telephone with a hearing person through a TRS facility. 47 U.S.C. 225. 
TRS facilities have special equipment and are staffed by communications 
assistants (CA) who relay conversations between persons who use text 
telecommunications devices and persons who communicate by voice. In a 
traditional TRS call, the caller uses a text telephone (TTY) to dial 
the telephone number of the local TRS facility. For the TTY user, the 
first step--the inbound call to the TRS facility--is functionally 
equivalent to receiving a dial tone. The CA, in turn, places an 
outbound voice call from the TRS facility to the called party. The CA 
serves as the link in the conversation, converting all typed TTY 
messages from the TTY user into voice messages, and all voice messages 
from the called party into typed messages for the TTY user. See 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Report and Order and 
Further Notice of Proposed Rulemaking, FCC 00-56, 15 FCC Rcd 5140 at 
paragraph 2 (2000); published at 65 FR 38432, June 21, 2000 (Improved 
TRS Report and Order). The process is performed in reverse when a voice 
telephone user initiates a traditional TRS call to a TTY user. We refer 
to ``traditional TRS calls'' as those TRS calls accomplished via text-
to-voice or voice-to-text, with text provided via TTY. Such calls are 
provided through the public switched telephone network (PSTN). There 
are several types of traditional TRS calls, including VCO. Utratec's 
captioned telephone VCO service is provided through the PSTN using 
specialized customer premises equipment (CPE) and Ultratec's 
proprietary technology. Ultratec's captioned telephone service uses a 
telephone that looks similar to a traditional telephone but also has a 
text display that allows the user, on one standard telephone line, to 
both listen to the other party speak and simultaneously read captions 
of what the other party is saying. This way, a typical user of this 
service who has the ability to speak and some residual hearing, can 
both listen to what is said over the telephone and read captions for 
clarification. A CA using specially developed voice recognition 
technology generates the captions. This Declaratory Ruling finds that 
captioned telephone VCO service is a type of TRS, and that eligible 
providers of such service are eligible to recover their costs in 
accordance with section 225 of the Communications Act.

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA), The RFA, 
see 5 U.S.C. 601-612, has been amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996, Pub. L. No. 104-121, Title II, 110 
Stat. 857 (1996), requires that a regulatory flexibility analysis be 
prepared for notice-and-comment rulemaking proceedings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' 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 Ultratec, Inc. (Ultratec), on April of 2002. 
Ultratec, Petition for Clarification Provision of Cost Recovery for 
CapTel, an Enhanced VCO Service filed April 12, 2002. This Petition 
requests that the Commission clarify that captioned telephone service 
is a form of VCO TRS and is eligible for reimbursement from the 
Interstate TRS Fund. The Commission sought comments on the Ultratec 
Petition in a Public Notice. Pleading Cycle Established for Comments on 
Petition for Clarification on the Provision of and Cost Recovery for 
Captioned Telephone as an Improved Voice Carry Over Service for 
Telecommunications Relay Service, Public Notice, 17 FCC Rcd 11,933 
(2002); published at 67 FR 48415, July 24, 2002. As a result of the 
Ultratec Petition and filed public comments, the Commission is issuing 
this Declaratory Ruling, which will allow Ultratec and any other 
provider of captioned telephone VCO service to recover its costs of 
providing interstate captioned telephone service from the Interstate 
TRS Fund.
    As noted in paragraph 22 of the Declaratory Ruling, this item 
imposes a regulatory burden on the Interstate TRS Fund Administrator, 
requiring it to pay eligible providers of captioned telephone service 
the costs of providing interstate service. 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 organizations. U.S. Department of Commerce, Bureau of the Census, 
1992 Economic Census, Table 6 (special tabulation of data under 
contract to 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.

Report to Congress

    The Commission will send a copy of the Declaratory Ruling, 
including a copy of the 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

    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. Ultratec's Petition for 
Clarification is granted to the extent indicated herein. The 
Commission's Consumer & Governmental Affairs Bureau, Reference 
Information Center, SHALL SEND a copy of the Declaratory Ruling 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.


[[Page 55900]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-24485 Filed 9-26-03; 8:45 am]
BILLING CODE 6712-01-P