[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Pages 21347-21348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8564]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 03-123; DA 08-303]


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

AGENCY: Federal Communications Commission.

ACTION: Notice; modification of Intrastate TRS Fund size.

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SUMMARY: In this document, the Consumer and Governmental Affairs Bureau 
(Bureau) adopts a revised Interstate Telecommunications Relay Services 
(TRS) Fund size and carrier contribution factor for the July 2007 to 
June 2008 Fund year. This action is necessary because given continued 
significant growth in VRS minutes, together with the revised 
compensation rates, the present Fund size may be inadequate to 
compensate providers for the remainder of the present 2007-2008 Fund 
year.

DATES: Effective February 6, 2008.

FOR FURTHER INFORMATION CONTACT: Thomas Chandler, Consumer and 
Governmental Affairs Bureau, Disability

[[Page 21348]]

Rights Office at (202) 418-1475 (voice), (202) 418-0597 (TTY), or e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Order, 
document DA 08-303 (Order), adopted and released February 6, 2008, 
adopting a revised TRS Fund size and carrier contribution factor for 
the July 2007 to June 2008 Fund year. The full text of document DA 08-
303 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 08-
303 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), (202) 418-0432 (TTY). Document DA 08-303 
also can be downloaded in Word or Portable Document Format (PDF) at: 
http://www.fcc.gov/cgb/dro/trs.html#orders.

Synopsis

    1. On June 29, 2007, the Bureau released Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, CG Docket No. 03-123, Order, 22 FCC Rcd 11706 (CGB 
2007) (2007 Bureau TRS Rate Order), which adopted for the 2007-2008 
Fund year, compensation rates for the various forms of TRS, a Fund size 
of $553,378,363.18, and a carrier contribution factor of 0.0072. 
Subsequently, on November 19, 2007, the Commission released 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, 
Report and Order and Declaratory Ruling, 22 FCC Rcd 20140 (2007) (2007 
TRS Rate Methodology Order), published at 73 FR 3197, January 17, 2008, 
which, inter alia, adopted revised compensation rates.
    2. On November 30, 2007, the Fund administrator (the National 
Exchange Carrier Association (NECA)) filed with the Commission a 
revised Fund size and carrier contribution factor for the 2007-2008 
Fund year. NECA proposed increasing the Fund size approximately $83 
million (to $636,736,491.75), and increasing the carrier contribution 
factor from 0.0072 to 0.00819. NECA explained that increasing the Fund 
size is necessary because demand for certain interstate relay services, 
particularly Video Relay Service (VRS), has outpaced its initial 
projections, and the revised compensation rates are generally higher 
than those adopted at the beginning of the Fund year in the 2007 Bureau 
TRS Rate Order. NECA asserted that, as a result, increasing the Fund 
size is necessary to ensure that it does not run out of money before 
the end of the Fund year.
    3. In addition, as a result of the increase in the Fund size, as 
well as the Commission's recent order requiring interconnected VoIP 
service providers to contribute to the Fund, NECA noted that it also 
must revise the carrier contribution factor. The carrier contribution 
factor is calculated by dividing the Fund size by total interstate 
common carrier end-user revenues. The revised Fund size is 
$636,736,491.75, and NECA proposed using a revised revenue base of 
$77.7 billion. As a result, the proposed revised carrier contribution 
factor is 0.00819.
    4. The Bureau agrees that because of the continued significant 
growth in VRS minutes, together with the revised compensation rates, 
the present Fund size may be inadequate to compensate providers for the 
remainder of the present 2007-2008 Fund year. Therefore, the Bureau 
finds it necessary to increase the Fund size and adjust the carrier 
contribution factor for the July 2007 through June 2008 funding period. 
Because the TRS regulations provide that the carrier contribution 
factor shall be determined annually, the Bureau applies the established 
standards for waiver of Commission rules.
    5. Generally, the Commission's rules may be waived for good cause 
shown. The Commission may exercise its discretion to waive a rule where 
the particular facts make strict compliance inconsistent with the 
public interest. In addition, the Commission may take into account 
considerations of hardship, equity, or more effective implementation of 
overall policy on an individual basis. Waiver of the Commission's rules 
is therefore appropriate only if special circumstances warrant a 
deviation from the general rule, and such a deviation will serve the 
public interest.
    6. Applying this standard, the Bureau concludes that good cause 
exists to waive the Commission's rules to the extent they require that 
the carrier contribution factor be determined on an annual basis. The 
increase in demand usage in TRS was not anticipated, and the Commission 
must ensure that the Interstate TRS Fund has adequate funds to 
compensate eligible TRS providers for the provision of eligible TRS 
services and ensure the continued availability of relay services to 
persons with hearing and speech disabilities. Therefore, as a result of 
the significant growth of demand usage in TRS, as well as the new 
compensation rates, the Bureau adjusts the annual carrier contribution 
factor for the July 2007 through June 2008 funding period from 0.0072 
to 0.00819 in order to collect the additional monies needed over the 
remaining months of the fund year. The revised Fund size shall be 
$636,736,491.75.

Ordering Clauses

    Pursuant to the authority contained in section 225 of the 
Communications Act of 1934, as 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, document DA 08-303 is adopted.
    The Interstate TRS Fund size for the July 2007 through June 2008 
funding period will increase from $553,378,363.18 to $636,736,491.75 
and, as a result, the annual contribution factor shall be modified from 
0.0072 to 0.00819.
    Document DA 08-303 became effective on February 6, 2008.

Federal Communications Commission.
Nicole McGinnis,
Deputy Chief, Consumer and Governmental Affairs Bureau.
 [FR Doc. E8-8564 Filed 4-18-08; 8:45 am]
BILLING CODE 6712-01-P