[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Proposed Rules]
[Pages 10930-10931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4347]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 98-67, CG Docket No. 03-123; DA 05-339]


Federal Communications Commission Seeks Additional Comment on the 
Speed of Answer Requirement for Video Relay Service (VRS)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; comments requested.

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SUMMARY: This document seeks public comment on a speed of answer 
requirement for the provision of Video Relay Service (VRS). The speed 
of answer requirement is currently waived as a mandatory minimum 
standard for VRS. The Federal Communications Commission (Commission) 
has reviewed the comments provided in response to the Further Notice of 
Proposed Rulemaking (FNPRM) contained in the 2004 TRS Report and Order, 
and found that they lack specificity on certain elements of a speed of 
answer rule. In this document, the Commission is seeking additional 
comment on whether a speed of answer rule should be adopted for VRS 
and, if so, what the rule should be.

DATES: Interested parties may file comments in this proceeding on or 
before February 25, 2005. Reply comments may be filed on or before 
March 4, 2005.

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: This is a summary of the Commission's 
document DA 05-339, released February 8, 2005. When filing comments, 
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 comments and 
reply comments 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 comments 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-C417, 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 and reply 
comment), 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 matter 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 public notice can also be 
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro.

Synopsis

    On June 30, 2004, the Federal Communications Commission 
(Commission) released the 2004 TRS Report & Order, which contained a 
Further Notice of Proposed Rulemaking (FNPRM) seeking comment on, among 
other things, a speed of answer

[[Page 10931]]

requirement for the provision of Video Relay Service (VRS). 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 
(2004 TRS Report & Order), CC Dockets 90-571 and 98-67 and CG Docket 
03-123, FCC 04-137; published at 69 FR 53346 and 69 FR 53382, September 
1, 2004. VRS is a form of telecommunications relay service (TRS) that 
allows persons with hearing and speech disabilities to communicate with 
the TRS communications assistants (CA) in video through sign language, 
rather than typed text. The term telecommunications relay service means 
``telephone transmission services that provide the ability for an 
individual who has a hearing or speech disability to engage in 
communications 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.'' 47 U.S.C. 225 (a)(3); see 
generally 2004 TRS Report & Order at paragraph 3 n.18. The Commission 
reviewed comments provided in response to the FNPRM, and found that 
they lacked specificity on certain elements of a speed of answer rule. 
Therefore, the Commission is seeking additional comment on whether a 
speed of answer rule should be adopted for VRS, and the following 
specific points:
    (1) What should the speed of answer time be for VRS calls? What 
percentage of VRS calls should be required to be answered within that 
period of time?
    (2) When should a particular speed of answer rule be effective? 
Should VRS speed of answer standards be phased in over time? If so, how 
should the standards be phased in (i.e., what standards should apply at 
what points in time)?
    (3) What should be the starting and ending points for measuring 
speed of answer? We note, for example, that in the IP Declaratory 
Ruling, we stated that for IP Relay ``we will consider the call 
delivered to the IP Relay center when the IP Relay center's equipment 
accepts the call from the Internet.'' See Improved Telecommunications 
Relay Services and Speech-to-Speech Services for Individuals with 
Hearing and Speech Disabilities, Declaratory Ruling and Second Further 
Notice of Proposed Rulemaking (IP Declaratory Ruling), CC Docket 98-67, 
FCC 02-121; published at 67 FR 39863 and 67 FR 39929, June 11, 2002. 
The Commission seeks comment on how we should articulate the starting 
period from which speed of answer can be measured for each call so that 
all providers are measuring speed of answer in the same manner.
    (4) How should ``abandoned'' calls be treated in determining a 
provider's compliance with a speed of answer standard? The Commission 
notes that the TRS regulations presently require that abandoned calls 
be included in the speed of answer calculation. See 47 CFR 64.604 
(b)(2)(ii)(B); see also 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), CC Docket 98-67, FCC 00-56; published 
at 65 FR 38432 and 65 FR 38490, June 21, 2000 (addressing abandoned 
calls and explaining that such calls are those calls answered by a 
relay center, but never handled by a CA because the customer hangs up). 
Should the same rule apply to VRS and abandoned calls? If not, what 
other rule should apply to the treatment of abandoned calls?
    (5) How should ``call backs''--i.e., calls where the consumer 
elects to have the provider call the consumer back when a VRS CA 
becomes available to place the call, rather than have the consumer wait 
for the next available CA--be treated in the speed of answer 
calculation? See Federal Communications Commission Clarifies that 
Certain Telecommunications Relay Services (TRS) Marketing and Call 
Handling Practices are Improper and Reminds that Video Relay Service 
(VRS) May not be Used as a Video Remote Interpreting Service, Public 
Notice, CC Docket No. 98-67, CG Docket No. 03-123; DA 05-141 at 4 & 
n.16 (January 26, 2005) (addressing certain kinds of ``call back'' 
arrangements). Should, for example, such ``call backs'' be treated as 
abandoned calls? Should such ``call backs'' be prohibited once a speed 
of answer rule is adopted for VRS?
    (6) Should a provider's compliance with a speed of answer rule be 
measured on a daily or monthly basis? (The current speed of answer rule 
applicable to the other forms of TRS provides that compliance with the 
speed of answer rule shall be measured on a daily basis.) See 47 CFR 
64.604 (b)(2)(ii)(C). Or should it be measured on some other basis?
    (7) In connection with the adoption of a speed of answer 
requirement for VRS, should providers be required to submit reports to 
the Commission detailing call data reflecting their compliance with the 
speed of answer rule, and if so, how frequently should such reports be 
filed (e.g., monthly, quarterly or semi-annually)?
    We also seek comment on any other issues relating to the possible 
adoption of a speed of answer rule for VRS.

Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 05-4347 Filed 3-4-05; 8:45 am]
BILLING CODE 6712-01-P