[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Proposed Rules]
[Pages 65401-65403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24745]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket Nos. 90-71 and 98-67, CG Docket No. 03-123; DA 04-3266; 04-
137]


Petitions for Reconsideration of Telecommunications Relay Service 
Requirements

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document seeks public comment on petitions filed for 
reconsideration and is extending the filing dates already set for two 
of the four petitions for reconsideration to coincide with the dates 
set forth in this document.

DATES: Interested parties may file oppositions to the petitions for 
reconsideration on or before November 15, 2004. Replies to an 
opposition may be filed on or before November 30, 2004. Parties that 
may have already submitted comments in this proceeding need not 
resubmit those comments unless they choose to update them.

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

FOR FURTHER INFORMATION CONTACT: Dana Jackson, Consumer and 
Governmental Affairs Bureau, Disability Rights Office at (202) 418-2247 
(voice), (202) 418-7898 (TTY), or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice DA 04-3266, released October 15, 2004. When filing oppositions 
and replies to an opposition, please reference CC Docket Nos. 90-571 
and No. 98-67 or CG Docket No. 03-123. Oppositions and replies to an 
opposition may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. See Electronic Filing 
of Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998. 
Oppositions and replies to an opposition filed through the ECFS can be 
sent as an electronic file via the Internet to <http://www.fcc.gov/e-file/ecfs.html>. Generally, only one copy of an electronic submission 
must be filed. If multiple docket or rulemaking numbers appear in the 
caption of this proceeding, however, commenters must transmit one 
electronic copy of the oppositions and replies to an opposition to each 
docket or rulemaking number referenced in the caption. In completing 
the transmittal screen, commenters should include their full name, 
Postal Service mailing address, and the applicable docket or rulemaking 
number. Parties may also submit electronic oppositions and replies to 
an opposition by Internet e-mail. To get filing instructions, 
commenters should send an e-mail to [email protected], and should include 
the following words in the body of the message, ``get form .'' A sample form and directions will be sent in reply. Parties 
who choose to file by paper must file an original and four copies of 
each filing. If more than one docket or rulemaking number appears in 
the caption of this proceeding, commenters must submit two additional 
copies for each additional docket or rulemaking number. Filings can be 
sent by hand or messenger delivery, by electronic media, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Services 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Natek, Inc., will 
receive hand-delivered or messenger-delivered paper filings or 
electronic media for the Commission's Secretary at 236 Massachusetts 
Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this 
location are 8 a.m. to 7 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes must be disposed of 
before entering the building. Commercial and

[[Page 65402]]

electronic media sent by overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission, 445 12th Street, SW., Room TW-B204 
Washington, DC 20554. Parties who choose to file by paper should also 
submit their oppositions and replies to an opposition on diskette. 
These diskettes should be submitted, along with three paper copies, to: 
Dana Jackson, Consumer and Governmental Affairs Bureau, Disability 
Rights Office, 445 12th Street, SW., Room CY-A626, Washington, DC 
20554. Such a submission should be on a 3.5 inch diskette formatted in 
an IBM compatible format using Word 97 or compatible software. The 
diskette should be accompanied by a cover letter and should be 
submitted in ``read only'' mode. The diskette should be clearly labeled 
with the commenter's name, proceeding (including the lead docket number 
in this case, CC Docket Nos. 90-571 and 98-67 or CG Docket No. 03-123, 
type of pleading (opposition or reply opposition), date of submission, 
and the name of the electronic file on the diskette. The label should 
also include the following phrase ``Disk Copy--Not an Original.'' Each 
diskette should contain only one party's pleadings, preferably in a 
single electronic file. In addition, commenters must send diskette 
copies to the Commission's copy contractor, Best Copy and Printing 
(BCPI), Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554. Pursuant to section 1.1206 of the Commission's 
rules, 47 CFR 1.1206, this proceeding will be conducted as a permit-
but-disclose proceeding in which ex parte communications are subject to 
disclosure. The full text of this document and 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. This document and copies of subsequently 
filed documents in this matters may also be purchased from the 
Commission's duplicating contract, BCPI, Inc., Portals II, 445 12th 
Street, SW., Room 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 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 and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This 
public notice can also be downloaded in Word or Portable Document 
Format (PDF) at: http://www.fcc.gov/cgb/dro.

Synopsis

    On September 30, 2004, Communication Service for the Deaf, Inc. 
(``CSD'') filed a petition for reconsideration, see Communication 
Service for the Deaf, Inc. Petition for Reconsideration, CC Docket No. 
98-67, filed September 30, 2004, to the June 30, 2004 Report and Order, 
Order on Reconsideration, and Further Notice of Proposed Rulemaking. 
See Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Report and Order, 
Order on Reconsideration, and Further Notice of Proposed Rulemaking, CC 
Docket No. 90-571, CC Docket No. 98-67 and CG Docket No. 03-123, FCC 
04-137, 19 FCC Rcd 12475, June 30, 2004; published at 69 FR 53346, 
September 1, 2004 and 69 FR 53382, September 1, 2004. CSD requests that 
the Commission authorize compensation from the Interstate TRS Fund for 
Video Relay Service (VRS) between American Sign Language (ASL) users 
and individuals who speak Spanish; eliminate the speed of answer waiver 
for VRS providers by January 1, 2005, and provide adequate compensation 
to enable VRS providers to meet this standard; and permit VRS providers 
to immediately recover costs associated with the research and 
development of solutions for handling emergency calls. On October 1, 
2004, Hands On Video Relay Service, Inc. (``Hands On'') filed a 
petition for partial reconsideration to the June 30, 2004 Report and 
Order, Order on Reconsideration, and Further Notice of Proposed 
Rulemaking. See Hands On Video Relay Service, Inc. Petition for Partial 
Reconsideration, CC Docket No. 90-571, CC Docket No. 98-67 and CG 
Docket No. 03-123, filed October 1, 2004, Hands On requests the 
Commission to reconsider the dismissal of its application for 
certification as a TRS provider; the extension of the speed of answer 
waiver for VRS; the setting of $8.854 as the final VRS compensation 
rate for 2003-2004; the refusal to provide full retroactivity to the 
final 2003-2004 VRS compensation rate; and the refusal to authorize the 
reimbursement for ASL to Spanish VRS.
    On October 1, 2004, the National Video Relay Service Coalition 
(``the Coalition'') filed a petition for reconsideration to the June 
30, 2004 Report and Order, Order on Reconsideration, and Further Notice 
of Proposed Rulemaking. See National Video Relay Service Coalition 
Petition for Reconsideration, CC Docket No. 98-67, filed October 1, 
2004. The National Video Relay Coalition is an ad hoc group that 
includes the following organizations: Telecommunications for the Deaf, 
Inc. (``TDI''), Deaf and Hard of Hearing Consumer Advocacy Network 
(``DHHCAN''), National Association of the Deaf (``NAD''), The 
Association for Late Deafened Adults (``ALDA''), the American 
Association of People with Disabilities (``AAPD''), Deaf and Hard of 
Hearing in Government (``DHHIG''), the California Coalition of Agencies 
Serving the Deaf and Hard of Hearing (``CCASDHH''), the Student Body 
Government of Gallaudet University (``SBG''), and the Registry of 
Interpreters for the Deaf, Inc. (``RID''). The Coalition requests that 
the Commission reconsider its decision to not authorize TRS 
reimbursement for ASL to Spanish VRS.
    On October 1, 2004, Hamilton Relay, Inc. (``Hamilton'') filed a 
petition for reconsideration to the June 30, 2004 Report and Order, 
Order on Reconsideration and Further Notice of Proposed Rulemaking. See 
Hamilton Relay, Inc. Petition for Reconsideration, CC Docket No. 98-67, 
filed October 1, 2004. Hamilton requests the Commission reconsider the 
decision to extend ``rate of return regulation'' to traditional TRS.
    On October 5, 2004, the Commission released a public notice stating 
that oppositions to CSD's and Hands On's petitions for reconsideration 
must be filed within 15 days of the date public notice is published in 
the Federal Register and that replies to an opposition must be filed 
within 10 days after the time for filing oppositions has expired. 
Accordingly, in this public notice, the Commission is extending the 
opposition and reply dates set for CSD's and Hands On's petitions for 
reconsideration to coincide with the dates set forth below in this 
public notice for all four petitions challenging the June 30, 2004 
Report and Order, Order on Reconsideration, and Further Notice of 
Proposed Rulemaking.


[[Page 65403]]


Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 04-24745 Filed 11-10-04; 8:45 am]
BILLING CODE 6712-01-P