[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Notices]
[Pages 41478-41479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15639]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 04-1738]


FCC Reminds Public of Requirements Regarding Internet Relay 
Service and Issues Alert

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission provides guidance to 
consumers, TRS providers, and merchants that conduct business via 
telephone. In addition, this document is intended to alert the public 
regarding the fraudulent use of IP Relay Service, and to suggest steps 
they can take to avoid becoming victims.

DATES: Effective June 18, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Dana Jackson, (202) 418-2247 (voice), 
(202) 418-7898 (TTY), or e-mail [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 04-1738 released June 18, 2004.
    The full text of this document is 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. This document may be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street, SW., Room

[[Page 41479]]

CY-B402, Washington, DC 20554. Customers may contact BCPI, Inc. at 
their Web site: http://www.bcpiweb.com or call 1-800-378-3160.
    To request this document 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) 418-0530 (voice), (202) 418-0432 (TTY). This 
Public Notice can also be downloaded in Word and Portable Formats at 
http://www.fcc.gov/cgb/dro.
    Synopsis: TRS enables an individual with a hearing or speech 
disability to communicate by telephone with a person without such a 
disability. This is accomplished through TRS facilities that are 
staffed by specially trained communications assistants (CAs) using 
special technology. The CA relays conversations between persons using 
various types of assistive communication devices and persons who do not 
require such assistive devices. In a traditional text-based TRS call, 
the caller types the number of the TRS facility and, after reaching the 
facility, types the number of the party he or she desires to call. The 
CA, in turn, places an outbound voice call to the called party. The CA 
serves as the ``link'' in the conversation, converting all TTY messages 
from the caller into voice messages, and all voice messages from the 
called party into typed messages for the TTY user. The process is 
performed in reverse when a voice telephone user initiates a 
traditional TRS call to a TTY user. TRS also includes Video Relay 
Services (VRS), Internet Protocol (IP) Relay, and Speech-to-Speech 
(STS). IP Relay is a form of TRS that uses the Internet, rather than 
the Public Switched Telephone Network, to place the leg of the call 
from the person with a hearing or speech disability to the TRS CA. The 
IP Relay user establishes a local connection to an Internet service 
provider (ISP) using a computer, web phone, personal digital assistant 
(PDA) or any other IP-capable device. The IP Relay user then reaches a 
CA by directing the web browser to one of the IP Relay providers' Web 
sites. When the IP Relay user is connected to the IP Relay service 
provider, the user is immediately routed to a CA, who then makes the 
outbound call to the hearing person and relays the call between the 
parties. The Commission has received complaints from vendors, 
consumers, and TRS providers that people are using the IP Relay to make 
telephone purchases using stolen or fake credit cards. Although such 
purchases are illegal, and the Department of Justice and the FBI can 
investigate, due to the transparent nature of the CA's role in a TRS 
call the CA may not interfere with the conversation. The TRS statutory 
and regulatory scheme do not contemplate that the CA should have a law 
enforcement role by monitoring the conversations they are relaying.
    The Federal Trade Commission is aware of this problem and has 
instructed that persons who have been defrauded should contact the FTC 
directly at http://www.ftc.gov or 877-FTC-HELP. The FBI also has a Web 
site for complaints and information regarding Internet crimes: http://www.ic3.gov. Since this type of fraud first became apparent, the TRS 
Providers have worked to develop methods to determine which IP Relay 
calls are fraudulent, and therefore have been able to prevent many of 
these calls from reaching the intended victims. This has been achieved 
without negatively impacting legitimate users of the service, according 
to the IP Relay providers. However, this is still a concern and 
merchants should report any fraudulent activity to the FTC, FBI, or 
their state authorities. We encourage vendors that accept orders for 
their goods and services by telephone to take steps to ensure that, 
when they receive a TRS call, the credit card is valid and the 
purchaser is authorized to use the particular credit card, just as they 
would do with any other telephone order. We also remind vendors that 
Title III of the Americans with Disabilities Act of 1990 (ADA) does not 
permit merchants to treat persons with a hearing or speech disability 
differently than they treat others. Therefore, if they accept telephone 
orders from the general public, they cannot refuse to accept them from 
persons with hearing or speech disabilities using TRS.
    For more information on the applicability of the ADA in this 
context, see generally the United States Department of Justice's ADA 
home page, at http://www.usdoj.gov/crt/ada/adahom1.htm or contact the 
DOJ ADA Information Line at 800-514-0301 (voice) or 800-514-0663 (TTY).

Federal Communications Commission.

Thomas D. Wyatt,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 04-15639 Filed 7-8-04; 8:45 am]
BILLING CODE 6712-01-P