[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59346-59347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20133]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 03-123; DA 05-2417]


Reminder That Video Relay Service (VRS) Provides Access to the 
Telephone System Only and Cannot Be Used as a Substitute for ``In-
Person'' Interpreting Services or Video Remote Interpreting (VRI)

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission reminds Video Relay Service 
(VRS) providers, consumers, and businesses that VRS cannot be used as a 
substitute for ``in-person'' interpreting services or for Video Remote 
Interpreting (VRI). The Commission will continue to carefully 
scrutinize the provision and use of VRS to ensure that it is being used 
only as a means of accessing the telephone system, not as a substitute 
for VRI or as a means to gain free ``in-person'' interpreting services. 
Also, in this document, the Commission encourages persons requiring 
interpreting services and providing interpreting services, as well as 
VRS providers, to report any improper use of VRS to the Commission so 
that it may ensure that the Interstate Telecommunications Relay Service 
(TRS) Fund is compensating only legitimate VRS calls. The Commission 
continues to closely monitor alleged instances of the wrongful use of 
VRS, and will take whatever enforcement action is necessary and 
appropriate against such misuse.

FOR FURTHER INFORMATION CONTACT: Thomas Chandler, Consumer & 
Governmental Affairs Bureau at (202) 418-1475 (voice), (202) 418-0597 
(TTY) or e-mail [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document DA 05-2417, released September 7, 2005 in CG Docket No. 03-
123. The complete text of document DA 05-2417 and copies of any 
subsequently filed documents relating to 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. Document DA 05-2417 and copies of 
subsequently filed documents in this matter may also be purchased from 
the Commission's duplicating contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554. Customers may contact the 
Commission's duplicating contractor at its 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). Document DA 05-2417 can also be 
downloaded in Word and Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro.

Synopsis

    On September 7, 2005, the Commission issued a Public Notice to 
remind VRS providers, consumers, and businesses that VRS cannot be used 
as a substitute for ``in-person'' interpreting services or for Video 
Remote Interpreting (VRI). VRS, as a form of telecommunications relay 
service (TRS), is a means of giving persons with hearing disabilities 
access to the telephone system. The obligation of telephone companies 
to offer TRS is required by Congress under Title IV of the Americans 
with Disabilities Act of 1990 (ADA). VRS allows people with hearing 
disabilities whose primary language is American Sign Language (ASL) to 
use the Internet or another broadband connection to contact a 
communications assistant (CA) via video equipment. The CA then makes an 
outbound telephone call to a hearing person and relays the call between 
the two parties. Currently, the costs for VRS calls are reimbursed from 
the Interstate TRS Fund, which is overseen by the Commission, making 
VRS calls free for consumers. By contrast, sign language interpreters 
facilitate communication between individuals who use sign language to 
communicate and those who do not. An interpreter may be used in many 
situations--e.g., in classrooms, during medical appointments, at staff 
meetings, or for business transactions--when the parties are together 
at the same location. Generally, interpreters are contracted and paid 
for on a fee-for-service basis. Video Remote Interpreting (VRI) is a 
service that is used when an interpreter cannot be physically present 
to interpret for two or more persons who are together at the same 
location. This service uses a video connection to provide access to an 
interpreter who is at a remote location. As with ``in-person'' 
interpreters, VRI services are generally contracted and paid for on a 
fee-for-service basis. VRS is to be used only when a person with a 
hearing disability, who absent such disability would make a voice 
telephone call, desires to make a call through the telephone system (or 
when, in the reverse situation, the hearing person desires to make such 
a call to a person with a hearing disability). See 47 CFR 64.601(17) of 
the Commission's rules. VRS may not be used as a substitute for an 
``in-person'' interpreter or a VRI service.
    Although the Commission has previously cautioned about the misuse 
of VRS as a substitute for ``in-person'' sign language interpreting 
services or VRI, it continues to receive reports that this is 
occurring. See, e.g., Telecommunications Relay Services and Speech-to-
Speech Services for Individuals with Hearing and Speech Disabilities, 
CC Docket No. 98-67, Order on Reconsideration, FCC 00-200, 16 FCC Rcd 
4054-4058, paragraph 10 (June 5, 2000); See Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, CC Docket Nos. 90-571 and 98-67, CG Docket No. 03-
123, Report and Order, Order on Reconsideration, and Further Notice of 
Proposed Rulemaking, FCC 04-137, 19 FCC Rcd 12475-12537, note 466 (June 
30, 2004), published at 69 FR 53346 (September 1, 2004), 69 FR 53382 
(September 1, 2004); 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, CC Docket 
No. 98-67, CG Docket No. 03-123, Public Notice, DA 05-141, 20 FCC Rcd 
1471 (January 26, 2005), published at 70 FR

[[Page 59347]]

8034 (February 17, 2005); Telecommunications Relay Services and Speech-
to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CC Docket No. 98-67, CG Docket No. 03-123, Order on 
Reconsideration, FCC 05-139, note 109 (July 19, 2005), published at 70 
FR 51643 (August 31, 2005). The Commission is concerned that the misuse 
of VRS may be partially responsible for the large increase in minutes 
of use of VRS. The Interstate TRS Fund reimbursed 869,003 minutes of 
VRS usage for June 2004 and 2,136,657 minutes for June 2005. The 
Commission understands that VRS providers generally have procedures in 
place to terminate calls where VRS is being used as a way to obtain 
free interpreting services. However, the Commission also understands 
that persons misusing VRS may be doing so in ways to avoid detection, 
and are also publicizing these methods via consumer bulletin boards and 
other means.
    The Commission is mindful that employers, State and local 
government entities, and public accommodations are required under the 
ADA to provide persons with hearing disabilities a reasonable 
accommodation, and that the accommodation may entail the use of a sign 
language interpreter. However, VRS cannot be used as a substitute for 
using an in-person interpreter or VRI in situations that would not, 
absent one of the parties' hearing disability, entail the use of the 
telephone. The Commission will continue to carefully scrutinize the 
provision and use of VRS to ensure that it is being used only as a 
means of accessing the telephone system, not as a substitute for VRI or 
as a means to gain free ``in-person'' interpreting services. The 
Commission encourages persons requiring interpreting service and 
providing interpreting services, as well as VRS providers, to report 
any improper use of VRS to the Commission so that it may ensure that 
the Interstate TRS Fund is compensating only legitimate VRS calls. The 
Commission will continue to closely monitor alleged instances of the 
wrongful use of VRS, and take whatever enforcement action is necessary 
and appropriate against such misuse.

Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 05-20133 Filed 10-11-05; 8:45 am]
BILLING CODE 6712-01-P