[Federal Register Volume 73, Number 33 (Tuesday, February 19, 2008)]
[Rules and Regulations]
[Pages 9031-9034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3024]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket 03-123; DA 07-5098; DA 08-45]


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

AGENCY: Federal Communications Commission.

ACTION: Final rule; extension of waiver.

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SUMMARY: In this document, the Consumer and Governmental Affairs Bureau 
(Bureau) extends for an additional year waivers of certain 
Telecommunications Relay Services (TRS) mandatory minimum standards for 
Video Relay Service (VRS) and Internet Protocol Relay (IP Relay). The 
waived TRS mandatory minimum standards are: One-line voice carry over 
(VCO); VCO-to-teletypewriter (TTY); VCO-to-VCO; one-line hearing carry 
over (HCO); HCO-to-TTY; HCO-to-HCO; call release; speech-to-speech 
(STS); pay-per-call (900) calls; types of calls; equal access to 
interexchange carriers; and speed dialing. The Bureau extends the 
waivers for one year (four months in the case of speed dialing for VRS) 
because the record demonstrates that it is technologically infeasible 
for VRS and IP Relay providers to offer these services at this time.

DATES: The Bureau allowed the waivers of three-way calling for VRS and 
IP Relay to expire on January 1, 2008. The waivers of certain TRS 
mandatory minimum standards for VRS and IP Relay will expire on January 
1, 2009, except the wavier of the speed dialing requirement for VRS, 
which will expire on April 30, 2008.

ADDRESSES: Parties may submit waiver reports identified by [CG Docket 
No. 03-

[[Page 9032]]

123 and/or DA 07-5098 and DA 08-45] by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instruction for submitting waiver reports.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting waiver 
reports.
     Mail: Dana Wilson, Consumer and Governmental Affairs 
Bureau, Disability Rights Office, 445 12th Street, SW., Room 3-C418, 
Washington, DC 20554.

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

SUPPLEMENTARY INFORMATION: On December 31, 2001, the Commission's 
Common Carrier Bureau released Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, VRS Waiver Order, CC Docket No. 98-67, 17 FCC Rcd 157 
(2001), granting VRS providers a waiver until December 31, 2003, of 
certain TRS mandatory minimum standards as applied to the provision of 
VRS. In subsequent Orders, the Commission extended these waivers 
ultimately through January 1, 2008, and applied them also to IP Relay. 
This is a summary of the Bureau Orders, document DA 07-5098, adopted 
and released December 26, 2007, and document DA 08-45, adopted and 
released January 8, 2008, extending certain waivers from TRS mandatory 
minimum standards to January 1, 2009, and extending waiver of the speed 
dialing requirement of VRS through April 30, 2008, while allowing 
waivers of three-way calling for VRS and IP Relay to expire on January 
1, 2008.
    The full text of documents DA 07-5098 and DA 08-45, and copies of 
any subsequently filed documents in these matters, 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. Documents DA 07-5098 and DA 08-45, 
and copies of subsequently filed documents in these matters, also may 
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 and Governmental Affairs Bureau at 
(202) 418-0530 (voice) or (202) 418-0432 (TTY). Documents DA 07-5098 
and DA 08-45 also can be downloaded in Word and Portable Document 
Format (PDF) at http://www.fcc.gov/cgb/dro/trs.html.

Synopsis

    1. The Commission, in various orders, has waived several TRS 
mandatory minimum standards for VRS and IP Relay either because, as 
Internet-based services, it is not technologically feasible to meet the 
requirement or, in the case of VRS, because VRS is a video-based 
service and the communication is via sign language and not text. Since 
2004, the Commission has conditioned these waivers on the filing of 
annual reports, due each April 16, addressing whether it is necessary 
for the waivers to remain in effect. 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, 19 FCC Rcd 12475 (2004). Pursuant to this 
condition, all VRS and IP Relay providers have filed reports detailing 
their progress in meeting the waived requirements. The Bureau has 
reviewed these reports in reaching the conclusions below.
    2. One-line VCO, VCO-to-TTY, and VCO-to-VCO. One-line VCO is a type 
of traditional TTY-based TRS that can be used by persons with a hearing 
disability but who can speak. See 47 CFR 64.601(18); 47 CFR 
64.604(a)(3)(v). The Commission waived this requirement for IP Relay 
providers because the voice leg of a VCO call could not be supported 
over the Internet. The Commission similarly waived this requirement for 
VRS. A VCO-to-TTY call allows a relay conversation to take place 
between a VCO user and a TTY user; a VCO-to-VCO call allows a relay 
conversation to take place between two VCO users. Consistent with its 
treatment of the VCO requirement, the Commission waived these 
requirements for VRS and IP Relay.
    3. The Bureau extends the waivers of these requirements for one 
year. The Bureau notes that the most recent annual waiver reports 
reflect that VRS and IP Relay providers cannot provide these services 
because the Internet cannot support the voice leg of a VCO call with 
the necessary call quality. These waivers are again conditioned on the 
filing of reports, due April 16, 2008, addressing whether it is 
necessary for the waivers to remain in effect.
    4. One-line HCO, HCO-to-TTY, and HCO-to-HCO. One-line HCO is a type 
of traditional TTY-based TRS that can be used by persons with a speech 
disability but who can hear. See 47 CFR 64.604(8); 47 CFR 
64.604(a)(3)(v). For the same reason the Commission waived the VCO 
requirement for IP Relay, it did so with respect to the HCO 
requirement. The Commission similarly waived this requirement for VRS. 
An HCO-to-TTY call allows a relay conversation to take place between an 
HCO user and a TTY user; an HCO-to-HCO call allows a relay conversation 
to take place between two HCO users. Consistent with its treatment of 
the HCO requirement, the Commission waived these requirements for VRS 
and IP Relay.
    5. Consistent with the Bureau's treatment of VCO, and for the same 
reasons, the Bureau extends the waivers of these requirements for one 
year. The Bureau also notes that the most recent annual waiver reports 
reflect that VRS and IP Relay providers cannot provide these services. 
These waivers are also conditioned on the filing of reports, due April 
16, 2008, addressing whether it is necessary for the waivers to remain 
in effect.
    6. Call Release. Call release allows a communications assistant 
(CA) to set up a TTY-to-TTY call that, once established, does not 
require the CA to relay the conversation. See 47 CFR 64.604(a)(3)(vi). 
The Commission waived this requirement for VRS and IP Relay. The Bureau 
extends the waivers of this requirement for one year due to 
technological infeasibility. This conclusion is supported by the 
providers' annual waiver reports, which reflect that the Internet leg 
of the call (via video or text) cannot support call release 
functionality. These waivers are also conditioned on the filing of 
reports, due April 16, 2008, addressing whether it is necessary for the 
waivers to remain in effect.
    7. Pay-Per-Call (900) calls. Pay-per-call (900) calls are calls 
that the person making the call pays for at a charge greater than the 
basic cost of the call. See 47 CFR 64.604(a)(3)(iv). The Commission 
waived this requirement for VRS and IP Relay. The Bureau extends the 
waivers of this requirement for VRS and IP Relay for one year. The 
providers' annual waiver reports reflect that there is still no billing 
mechanism available to handle the charges associated with pay-per-
calls. These waivers are also conditioned on the

[[Page 9033]]

filing of reports, due April 16, 2008, addressing whether it is 
necessary for the waivers to remain in effect.
    8. Types of Calls (Operated Assisted Calls and Long Distance 
Calls). Commission rules require TRS providers to handle any type of 
call normally handled by common carriers. See 47 CFR 64.604(a)(3). The 
Common Carrier Bureau waived the requirement that VRS providers offer 
operator-assisted calls and bill certain types of calls to the end 
user, noting that it was not possible to determine if a VRS call is 
local or long distance. The providers' annual waiver reports reflect 
that it remains technologically infeasible for VRS providers to offer 
operator-assisted calls and to bill for certain types of long distance 
calls because one leg of the VRS call is transmitted over the Internet. 
Based on the record, the Bureau therefore extends waivers of this 
requirement for VRS for one year as long as providers allow calls to be 
placed using calling cards and/or provide free long distance calls. 
This waiver is also conditioned on the filing of a report, due April 
16, 2008, addressing whether it is necessary for the waiver to remain 
in effect. Although this issue has not been raised, the Commission 
understands that IP Relay providers, for the same reasons as VRS 
providers, cannot provide these services. Therefore, to avoid any 
future uncertainty or compliance issues, the Commission waives on its 
own motion this requirement for IP Relay as long as the providers allow 
calls to be placed using calling cards and/or provide free long 
distance calls.
    9. Equal Access to Interexchange Carriers. The TRS rules require 
that providers offer TRS users their interexchange carrier of choice to 
the same extent that such access is provided to voice users. See 47 CFR 
64.604(b)(3). The Commission waived this requirement for VRS providers, 
noting that it was not possible to determine if a call is long distance 
and, in any event, the providers could not automatically route the 
calls to the caller's long distance carrier of choice. The Commission 
also noted that this waiver was contingent on VRS providers providing 
long distance services free of charge to the caller. The Commission 
waived this requirement for IP Relay indefinitely.
    10. The Bureau extends the waiver of this requirement for VRS for 
one year. The providers' annual waiver reports reflect that because 
they cannot determine whether a particular call is local or long 
distance, they cannot offer carrier of choice but instead do not charge 
consumers for long distance. Based on the record, the Bureau therefore 
extends this waiver for VRS for one year as long as the providers 
provide free long distance calls. This waiver is also conditioned on 
the filing of a report, due April 16, 2008, addressing whether it is 
necessary for the waiver to remain in effect.
    11. Speech-to-Speech. In 2000, the Commission recognized STS as a 
form of TRS and required that it be offered as a mandatory service. The 
Commission waived this requirement indefinitely for VRS and, until 
January 1, 2008, for IP Relay. The Commission noted that STS is speech-
based service, whereas VRS is a visual service using interpreters to 
interpret in sign language over a video connection. With respect to IP 
Relay, the Commission noted the technical difficulties with respect to 
voice-initiated calls and the Internet. The Bureau extends the waiver 
of this requirement for IP Relay for one year. Providers continue to 
report that this service, like the VCO and HCO services, cannot be 
provided via IP Relay because of erratic voice quality. The waiver is 
also conditioned on the filing of a report, due April 16, 2008, 
addressing whether it is necessary for the waiver to remain in effect.
    12. Speed Dialing. Speed dialing allows a TRS user to give the CA a 
``short-hand'' name or number (e.g., ``call Mom'') for the user's most 
frequently called telephone numbers. See 47 CFR 64.604(a)(3)(vi). This 
feature permits a person making a TRS call through a CA to place the 
call without having to remember or locate the number he or she desires 
to call.
    13. In DA 07-5098, the Bureau allowed the waiver of the speed 
dialing requirement for VRS to expire on January 1, 2008. In response, 
on December 31, 2007, Snap Telecommunications, Inc. (Snap) and Verizon 
each filed requests to extend temporarily waiver of the speed dialing 
requirement for VRS. Upon reviewing Snap's and Verizon's 2007 Annual 
Reports on their progress towards meeting waived requirements, the 
Bureau finds that it erroneously concluded in DA 07-5098 that all VRS 
providers could offer the speed dialing feature by the end of 2007. The 
Bureau therefore extends the waiver of the speed dialing requirement 
for VRS providers through April 30, 2008. Because the speed dialing 
waiver will terminate at the end of April 2008, the Bureau does not 
require that VRS providers address this feature in their annual waiver 
reports that are due on April 16, 2008.
    14. With respect to IP Relay, because there is conflicting evidence 
in the record on whether providers can provide this feature, the Bureau 
extends the waiver of this requirement for IP Relay for one year. In 
light of the fact that some providers report that they are offering 
this service, however, the Bureau anticipates that there will be no 
further extensions of this waiver. The Bureau believes that this 
additional one year waiver is adequate to address any remaining 
technical or implementation concerns. This waiver is also conditioned 
on the filing of a report, due on April 16, 2008, providing updated 
information on the status of providing this service.
    15. Three-way calling. The three-way calling feature allows more 
than two parties to be on the telephone line at the same time with the 
CA. See 47 CFR 64.604(a)(3)(vi). The Commission waived this requirement 
for VRS and IP Relay.
    16. In Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals with Hearing and Speech Disabilities, CC 
Docket No. 98-67 and CG Docket No. 03-123, Order, 20 FCC Rcd 3689 (CGB 
2005) (Three-way Calling Clarification Order), published at 70 FR 
14568, March 23, 2005, the Bureau clarified the manner in which TRS 
providers could comply with this rule. The Bureau stated that TRS 
providers will satisfy the three-way calling requirement if they 
``ensure that the TRS facility or CA facilitates or handles a three-way 
call, as the CA would handle any TRS call, where and to the extent the 
three-way call has been arranged by any one of the parties to the call, 
e.g., using a party's local exchange carrier provided custom calling 
service (CCS), by bridging two telephone lines via customer terminal 
equipment, or by some other means.'' The Bureau further clarified 
``that TRS providers are not required to be able to arrange, initiate, 
or set up a three-way call (but they may do so)* * * so long as the 
provider is able to handle or facilitate a three-way call, in some 
manner, whether initiated by one of the parties to the call or set up 
by the provider.''
    17. VRS and IP Relay providers have reported that they are 
providing three-way calling in accordance with the Three-way Calling 
Clarification Order. Because the record therefore demonstrates that it 
is technically feasible to offer this service, the Bureau concludes 
that these waivers are no longer necessary and therefore will allow 
these waivers to expire on January 1, 2008.

Ordering Clauses

    18. Pursuant to section 225 of the Communications Act of 1934, as

[[Page 9034]]

amended, 47 U.S.C. 225, and Sections 0.141, 0.361, and 1.3 of the 
Commission's rules, 47 CFR 0.141, 0.361, and 1.3, documents DA 07-5098 
and DA 08-45 are adopted. For VRS, the waivers of the one-line VCO, 
VCO-to-TTY, and VCO-to-VCO; one-line HCO, HCO-to-TTY, and HCO-to-HCO; 
call release; pay-per-call (900) calls, types of calls, and equal 
access to interexchange carrier requirements are hereby extended for 
one year, i.e., until January 1, 2009, conditioned on the filing of a 
report, due April 16, 2008, addressing whether it is necessary for the 
waivers to remain in effect. The waiver of the speed dialing 
requirement for VRS is extended through April 30, 2008.
    19. For IP Relay, the waivers of the one-line VCO, VCO-to-TTY, and 
VCO-to-VCO; one-line HCO, HCO-to-TTY, and HCO-to-HCO; call release; 
pay-per-call (900) calls; STS; and speed dialing requirements are 
hereby extended for one year, i.e., until January 1, 2009, conditioned 
on the filing of a report, due April 16, 2008, addressing whether it is 
necessary for the waivers to remain in effect.
    20. The waivers of the three-way calling requirements (for VRS and 
IP Relay) expired on January 1, 2008.

    Federal Communications Commission.
Nicole McGinnis,
Deputy Bureau Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. E8-3024 Filed 2-15-08; 8:45 am]
BILLING CODE 6712-01-P