[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Rules and Regulations]
[Pages 2360-2361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-651]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 98-67, CG Docket No. 03-123; DA 04-3709]


Expiration of Waiver of Three-Way Calling Requirement for 
Providers of Telecommunications Relay Services

AGENCY: Federal Communications Commission.

ACTION: Expiration of waiver; request for comment.

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SUMMARY: In this document, the Commission announces that the one-year 
waiver of the requirement that telecommunications relay service (TRS) 
providers (including providers of captioned telephone service) offer 
three-way calling will expire on February 25, 2005. This document seeks 
comment on whether TRS providers will be able to offer this feature as 
of that date, or whether it is necessary to extend this waiver. This 
document also seek comment on whether, instead of a waiver, the 
requirement might be modified or clarified, and, if so, how.

DATES: One-year waiver expires February 25, 2005. Interested parties 
may file comments in this proceeding on or before December 17, 2004. 
Reply comments may be filed on or before December 30, 2004.

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

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

SUPPLEMENTARY INFORMATION: On July 17, 2003, the Commission released a 
Second Report and Order, Order on Reconsideration (Second Improved TRS 
Order), published at 68 FR 50973, August 25, 2003, in CC Docket No. 98-
67; FCC 03-112. In the Second Improved TRS Order, the Commission 
required that TRS providers offer three-way calling as a standard 
feature of TRS. This is a summary of the Commission's document DA 04-
3709, released November 30, 2004. When filing comments on expiration of 
waiver of three-way calling requirement for providers of TRS, please 
reference CC Docket No. 98-67 and CG Docket No. 03-123. Comments 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. Comments 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 comment and reply comment 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 comment and reply 
comment 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 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 comment and reply comment on 
diskette. These diskettes should be submitted, along with three paper 
copies, to: Dana Jackson, Consumer & 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 No. 98-67 and 
CG Docket No. 03-123, type of pleading (comment or reply comment), date 
of submission, and the name of the electronic file on the diskette. The 
label

[[Page 2361]]

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 & Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This 
document can also be downloaded in Word or Portable Document Format 
(PDF) at: http://www.fcc.gov/cgb/dro.

Synopsis

    In the June 17, 2003 Second Improved TRS Order, the Commission 
required that TRS providers offer three-way calling as a standard 
feature of TRS. In the August 1, 2003 Declaratory Ruling, the 
Commission recognized captioned telephone service as a type of TRS. 
(See Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals with Hearing and Speech Disabilities, published at 68 
FR 55898, September 29, 2003, in CC Docket No. 98-67; FCC 03-190. The 
Declaratory Ruling did not waive the requirement that providers of 
captioned telephone service offer a three-way calling feature. On 
September 24, 2003, AT&T Corp. (AT&T) filed a petition for limited 
reconsideration of the Second Improved TRS Order. (See AT&T, AT&T 
Petition for Limited Reconsideration and for Waiver, CC Docket No. 98-
67, CG Docket No. 03-123 (filed September 24, 2003)). AT&T requested 
that the Commission waive the three-way calling requirement adopted in 
the Second Improved TRS Order. AT&T asserted that it was not possible 
for the TRS facility to set up a three-way call, subject to 
clarification regarding how three-way calling may be provided in 
compliance with the Commission's TRS regulations. On December 11, 2003, 
Ultratec, Inc. and Sprint Corporation filed a petition seeking 
clarification that the three-way calling requirement either does not 
apply to captioned telephone service or that a TRS provider complies 
with the rule regardless of the method used to set up the three-way 
call. (See Petition for Clarification by Ultratec, Inc. and Sprint 
Corporation, CC Docket No. 98-67, CG Docket No. 03-123 (file December 
11, 2003)). On February 24, 2004, in response to these petitions, the 
Consumer & Governmental Affairs Bureau released an Order waiving for 
one year the requirement that TRS providers (including providers of 
captioned telephone service) offer three-way calling. 
(Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CC Docket 98-67, DA 
04-465, 19 FCC Rcd 2993 (February 24, 2004)). In view of the pending 
expiration date of the one-year February 24, 2004, waiver, the 
Commission now seek comment on whether this waiver should be left to 
expire or be extended, or whether the rule should be modified or 
clarified and, if so, how.

Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 05-651 Filed 1-12-05; 8:45 am]
BILLING CODE 6712-01-P