[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Notices]
[Pages 36795-36796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5840]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 03-123; DA 06-1243]


Notice of Certification of Healinc Telecom, LLC as a Provider of 
Video Relay Service (VRS) Eligible for Compensation From the Interstate 
Telecommunications Relay Service (TRS) Fund

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission grants Healinc Telecom, LLC 
(Healinc) certification as a VRS provider eligible for compensation 
from the Interstate TRS Fund. The Commission concludes that Healinc has 
demonstrated that its provision of VRS will meet or exceed all 
operational, technical, and functional TRS standards set forth in the 
Commission's rules; that it makes available adequate procedures and 
remedies for ensuring compliance with applicable Commission rules; and 
that to the extent Healinc's service differs from the mandatory minimum 
standards, the service does not violate the rules.

DATES: Effective June 9, 2006.

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

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer & 
Governmental Affairs Bureau, Disability Rights Office at (866) 410-
5787, ext. 16757 (Voice), (202) 418-0431 (TTY), or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document DA 06-1243, released June 9, 2006, addressing an application 
for certification filed by Healinc Telecom, LLC on February 22, 2006. 
See Notice of Certification of Healinc Telecom, LLC as a Provider of 
Video Relay Service (VRS) Eligible for Compensation from the Interstate 
Telecommunications Relay Service (TRS) Fund, in CG Docket No. 03-123. 
The full text of document DA 06-1243 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. Document DA 06-1243 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 by calling 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 06-1243 can also be 
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro.

Synopsis

    On February 22, 2006, Healinc Telecom, LLC (Healinc) filed an 
application for certification, (Healinc Telecom, LLC, VRS Certification 
Application of Healinc Telecom LLC CG Docket No. 03-123 (February 22, 
2006) (Healinc Application)) as a VRS provider eligible for 
compensation from the Interstate TRS Fund (Fund) pursuant to the 
recently adopted provider certification rules. See Telecommunications 
Relay Services for Individuals with Hearing and Speech Disabilities, 
Report and Order and Order on Reconsideration, CG Docket No. 03-123, 
FCC 05-203 (December 12, 2005); published at 70 FR 76208, December 23, 
2005 (2005 VRS Provider Order); 47 CFR 64.605(a)(2) of the Commission's 
rules. Prior to the 2005 VRS Provider Order, an entity desiring to 
offer TRS and receive compensation from the Fund had to meet one of the 
three eligibility standards set forth in 47 CFR 64.604(c)(5)(iii)(F) of 
the Commission's rules. On April 18, 2006, Healinc submitted an 
addendum, (Healinc Telecom, LLC, VRS Certification Addendum of Healinc 
Telecom, LLC, CG Docket No. 03-123 (April 18, 2006) (Healinc Addendum)) 
to its original application clarifying that it was seeking 
certification only as a provider of VRS. The addendum also documented 
Healinc's compliance with some mandatory minimum standards that were 
not addressed in its original application. Healinc's application is 
granted, subject to the conditions noted below.
    On December 12, 2005, the Commission released an order adopting new 
rules permitting carriers desiring to offer VRS and receive payment 
from the Fund to seek certification as a provider eligible for 
compensation from the Fund. 2005 VRS Provider Order, supra. The rules 
require entities seeking such certification to submit documentation to 
the Commission setting forth, in narrative form:
    (i) A description of the forms of TRS to be provided (i.e., VRS 
and/or IP Relay); (ii) a description of how the

[[Page 36796]]

provider will meet all non-waived mandatory minimum standards 
applicable to each form of TRS offered; (iii) a description of the 
provider's procedures for ensuring compliance with all applicable TRS 
rules; (iv) a description of the provider's complaint procedures; (v) a 
narrative describing any areas in which the provider's service will 
differ from the applicable mandatory minimum standards; (vi) a 
narrative establishing that services that differ from the mandatory 
minimum standards do not violate applicable mandatory minimum 
standards; (vii) demonstration of status as a common carrier; and 
(viii) a statement that the provider will file annual compliance 
reports demonstrating continued compliance with these rules. 47 CFR 
64.605(a)(2) of the Commission's rules.
    The rules further provide that after review of the submitted 
documentation, the Commission shall certify that the VRS provider is 
eligible for compensation from the Fund if the Commission determines 
that the certification documentation:
    (i) Establishes that the provision of VRS * * * will meet or exceed 
all non-waived operational, technical, and functional minimum standards 
contained in Sec.  64.604 of the Commission's rules; (ii) establishes 
that the VRS * * * provider makes available adequate procedures and 
remedies for ensuring compliance with the requirements of this section 
and the mandatory minimum standards contained in Sec.  64.604 of the 
Commission's rules, including that it makes available for TRS users 
informational materials on complaint procedures sufficient for users to 
know the proper procedures for filing complaints; and (iii) where the 
TRS service differs from the mandatory minimum standards contained in 
Sec.  64.604 of the Commission's rules, the VRS * * * provider 
establishes that its service does not violate applicable mandatory 
minimum standards. 47 CFR 64.605(b)(2) of the Commission's rules.
    The Bureau has reviewed the Healinc Application and Healinc 
Addendum pursuant to these rules. The Bureau concludes that Healinc has 
demonstrated that its provision of VRS service will meet or exceed all 
operational, technical, and functional TRS standards set forth in 47 
CFR 64.604 of the Commission's rules; that it makes available adequate 
procedures and remedies for ensuring compliance with applicable 
Commission rules; and that to the extent Healinc's service differs from 
the mandatory minimum standards, the service does not violate the 
rules. See, e.g., Healinc Application at page 9-13 of Appendix 2 
(noting that Healinc will offer picture caller ID, picture directory of 
VRS CAs, and text messaging service).
    The Bureau notes the Commission has adopted a declaratory ruling 
requiring the interoperability of VRS equipment and services. See 
Telecommunications Relay Services for Individuals with Hearing and 
Speech Disabilities, CG Docket No. 03-123, Declaratory Ruling and 
Further Notice of Proposed Rulemaking, FCC 06-57 (May 9, 2006), 
published at 71 FR 30818, May 31, 2006 and 71 FR 30848, May 31, 2006 
(addressing California Coalition of Agencies Serving the Deaf and Hard 
of Hearing (CCASDHH), Petition for Declaratory Ruling on 
Interoperability, CC Docket No. 98-67, CG Docket No. 03-123, DA 05-509 
(filed February 15, 2005)), published at 70 FR 12884, March 16, 2005. 
The Bureau conditions this grant of certification upon compliance with 
that order. See also 47 CFR 64.605(e)(2) of the Commission's rules 
(Commission may require certified providers to submit documentation 
demonstrating compliance with the mandatory minimum standards). 
Further, Healinc must file an annual report with the Commission 
evidencing that they are in compliance with Sec.  64.604 of the 
Commission's rules. See 47 CFR 64.605(g) of the Commission's rules. The 
first such report shall be due one year after June 9, 2006, and 
subsequent reports shall be due each year thereafter.
    This certification shall remain in effect for a period of five 
years from the release date of June 9, 2006. See 47 CFR 64.605(c)(2) of 
the Commission's rules. Within ninety days prior to the expiration of 
this certification, Healinc may apply for renewal of its VRS service 
certification by filing documentation in accordance with the 
Commission's rules. See 47 CFR 64.605(c)(2) of the Commission's rules.

Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 06-5840 Filed 6-27-06; 8:45 am]
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