[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Notices]
[Pages 36794-36795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9948]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 03-123; DA 06-1244]


Notice of Certification of GoAmerica, Inc. as a Provider of 
Internet Protocol Relay (IP Relay) and 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 GoAmerica, Inc. 
(GoAmerica) certification as a provider of IP Relay and VRS services 
eligible for compensation from the Interstate TRS Fund. The Commission 
concludes that GoAmerica has demonstrated that its provision of IP 
Relay and 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 
GoAmerica'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 06-1244, released June 9, 2006, addressing an application 
for certification filed by GoAmerica, Inc. on March 16, 2006. See 
Notice of Certification of GoAmerica as a Provider of Internet Protocol 
(IP Relay) and 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 06-1244 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 06-1244 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 06-1244 can also be 
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro.

Synopsis

    On March 16, 2006, GoAmerica, Inc. (GoAmerica) filed an application 
for certification, (GoAmerica, Inc., IP Relay and VRS Certification 
Application of GoAmerica, Inc., CG Docket No. 03-123 (March 16, 2006) 
(GoAmerica Application)) as a provider of IP Relay and VRS services 
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 IP Relay and VRS Provider Order); 47 CFR 
64.605(a)(2) of the Commission's rules. Prior to the 2005 IP Relay and 
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 21, 2006, GoAmerica submitted a supplement, (GoAmerica, 
Inc., IP Relay and VRS Certification Supplement to Application of 
GoAmerica, Inc., CG Docket No. 03-123 (April 21, 2006) (GoAmerica 
Supplement)) to its original application for certification. GoAmerica'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 IP Relay and VRS services 
and receive payment from the Fund to seek certification as a provider 
eligible for compensation from the Fund. 2005 IP Relay and 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 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 provider of IP 
Relay and VRS services is eligible for compensation from the Fund if 
the Commission determines that the certification documentation:

    (i) Establishes that the provision of IP Relay and 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 IP Relay and 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 
IP Relay and 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 GoAmerica Application and GoAmerica 
Supplement pursuant to these rules. The Bureau concludes that GoAmerica 
has demonstrated that its provision of IP Relay and VRS services 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 GoAmerica's service 
differs from the mandatory minimum standards, the service does not 
violate the rules. See,

[[Page 36795]]

e.g., GoAmerica Supplement at 3 (noting that GoAmerica will offer speed 
dialing, phone book directory and relay calls customization for IP 
Relay).
    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, GoAmerica 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, GoAmerica may apply for renewal of its IP Relay and 
VRS services 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.
Monica S. Desai,
Chief, Consumer & Governmental Affairs Bureau.
 [FR Doc. E6-9948 Filed 6-27-06; 8:45 am]
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