[Federal Register Volume 71, Number 163 (Wednesday, August 23, 2006)]
[Rules and Regulations]
[Pages 49380-49381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13987]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 03-123; DA 06-1627]


Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Clarification.

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SUMMARY: In this document, the Commission clarifies waivers of certain 
telecommunications relay services (TRS) mandatory minimum standards for 
captioned telephone relay service, a form of TRS, which were set forth 
in a clarification and waiver document. The clarification and waiver 
document waived the following mandatory minimum standards for the 
provision of captioned telephone service: communications assistants 
(CAs) must be competent in interpreting typewritten American Sign 
Language (ASL); TRS providers must give CAs oral-to-type tests; and CAs 
may not refuse sequential calls. The Commission clarifies that these 
requirement do not apply to captioned telephone services that use voice 
recognition technologies (instead of typing) to convey messages, and 
that do not have the CA play a role in setting up the calls.

DATES: Effective August 14, 2006.

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

SUPPLEMENTARY INFORMATION: This document does not contain new or 
modified information collection requirements subject to the PRA of 
1995, Public Law 104-13. In addition, it does not contain any new or 
modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506 
(c)(4). This is a summary of the Commission's document DA 06-1627, 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Order, CG Docket No. 
03-123, adopted August 14, 2006, released August 14, 2006 clarifying 
waivers of certain TRS mandatory minimum standards for caption 
telephone relay service waived in the clarification and waiver document 
published at 68 FR 55898, September 29, 2003. The full text of document 
DA 06-1627 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 06-1627 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 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 06-1627 can 
also be downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro.

Synopsis

Background

    On September 29, 2003, the Commission published a clarification and 
waiver document that recognized captioned telephone service as a form 
of TRS compensable from the Interstate TRS Fund. As a general matter, 
captioned telephone service uses a special telephone that has a text 
display. It permits the user--typically someone who has the ability to 
speak and some residual hearing--to speak directly to the other party 
to the call, and in return to both listen to what is said over the 
telephone and simultaneously read captions of what the other person is 
saying. A CA using specially developed voice recognition technology 
generates the captions. As a result, there is no typing by the 
captioned telephone user at any time during the call, and the CA types 
only in rare instances when, e.g., words or proper names are used that 
the computer does not recognize. Further, as presently offered, to use 
this service the consumer directly dials the number he or she wishes to 
call, not the number of a relay provider, and is automatically 
connected to the captioned telephone CA at the TRS facility. The 
Commission concluded that some TRS mandatory minimum standards did not 
apply to the provision of this service and waived other requirements 
for limited periods of time.
    On June 28, 2006, captioned telephone providers filed their annual 
report addressing the three outstanding waivers applicable to this 
service--CA competence in interpreting typewritten ASL, use of oral-to-
type tests, and handling sequential calls (as applied to

[[Page 49381]]

outbound calls). Ultratec, Inc., Sprint-Nextel, Hamilton Relay, Inc., 
Third Annual Report on Captioned Telephone Service and Petition to Make 
Captioned Telephone Waivers Permanent, CG Docket No. 03-123 (June 28, 
2006) (Captioned Telephone Waiver Petition). The rule requiring CAs to 
be competent in interpreting typewritten ASL is intended to ensure that 
CAs can accurately understand and interpret the message the TRS user 
has typed when the user uses the syntax, grammar, and language unique 
to ASL. The oral-to-type test is intended to ensure that a CA can meet 
the 60 words per minute typing speed required by the rules. The rule 
requiring the handling of sequential calls is intended to ensure that a 
CA does not disconnect the TRS user after a call if the user desires to 
make additional calls. See 47 CFR 64.604(a)(1) and (3) of the 
Commission's rules. The report noted that these waivers expire August 
1, 2006, and included a request that the Commission either make these 
waivers permanent for captioned telephone service provided with the aid 
of voice recognition technology, or clarify that the ``standards for 
which these waivers have been granted do not apply to captioned 
telephone relay services that use voice recognition technologies to 
convey messages.'' Captioned Telephone Waiver Petition at 2.

Discussion

    The Commission clarifies that these three requirements do not apply 
to captioned telephone services where the user does not type the 
outbound message, the CA generates text for the user principally using 
voice recognition technologies (instead of typing), and the 
communications assistant does not play a role in setting up a call. 
First, the Commission recognizes that if a captioned telephone user 
does not type in making a call, there is never the opportunity for the 
CA to have to interpret typewritten ASL. Similarly, the Commission 
recognizes that oral-to-type tests are not relevant to captioned 
telephone service involving voice recognition technologies, and 
therefore that oral-to-text tests may appropriately be used as a 
substitute to assess the proficiency of captioned telephone CAs. 
Finally, the Commission recognizes that if the captioned telephone user 
initiates a call by directly dialing the called party, so that the CA 
does not play a role in setting up the call, the sequential call rule 
has no application. To the extent these mandatory minimum standards do 
not apply to the provision of captioned telephone service, as clarified 
herein, providers need not file annual reports addressing these 
requirements.

Congressional Review Act

    The Commission will not send a copy of the Order pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the 
adopted rules are rules of particular applicability.

Ordering Clauses

    Accordingly, It is ordered that, pursuant to the authority 
contained in section 225 of the Communications Act of 1934, as amended, 
47 U.S.C. 225, and Sec.  Sec.  0.141 and 0.361 of the Commission's 
rules, 47 CFR 0.141 and 0.361, the Order is hereby adopted.

Federal Communications Commission.
Monica S. Desai,
Chief, Consumer and Governmental Affairs Bureau.
 [FR Doc. E6-13987 Filed 8-22-06; 8:45 am]
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