[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Rules and Regulations]
[Pages 41286-41296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16260]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 52 and 64

[CG Docket No. 03-123 and WC Docket No. 05-196; FCC 08-151]


Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities; E911 Requirements 
for IP-Enabled Service Providers

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts a system for assigning 
users of Internet-based Telecommunications Relay Services (TRS), 
specifically Video Relay Service (VRS) and Internet Protocol (IP) 
Relay, ten-digit telephone numbers linked to the North American 
Numbering Plan (NANP). This numbering system will further the TRS 
functional equivalency mandate by ensuring that Internet-based TRS 
users can be reached by voice telephone users in the same way that 
voice telephone users are called. The measures the Commission adopts 
also are intended to ensure that emergency calls placed by Internet-
based TRS users will be routed directly and automatically to the 
appropriate emergency services authorities by Internet-based TRS 
providers.

DATES: Effective August 18, 2008, except for 47 CFR 64.605 (a) and (b), 
and 64.611 (a), (b), (c) and (f), which contain information collection 
requirements subject to the Paperwork Reduction Act (PRA) of 1995, 
Public law 104-13, that have not been approved by the Office of 
Management and Budget (OMB). The Commission will publish a separate 
document in the Federal Register announcing the effective date of these 
requirements. Interested parties (including the general public, OMB, 
and other Federal agencies) that wish to submit written comments on the 
PRA information collection requirements must do so on or before 
September 16, 2008.

ADDRESSES: Interested parties may submit PRA comments identified by OMB 
Control Number 3060-1089, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     E-mail: Parties who choose to file by e-mail should submit 
their comments to [email protected]. Please include CG Docket Number 03-123, 
WC Docket Number 05-196, and OMB Control

[[Page 41287]]

Number 3060-1089 in the subject line of the message.
     Mail: Parties who choose to file by paper should submit 
their comments to Cathy Williams, Federal Communications Commission, 
Room 1-C823, 445 12th Street, SW., 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]. For 
additional information concerning the PRA information collection 
requirements contained in this document, contact Cathy Williams at 
(202) 418-2918, or e-mail [email protected] and/or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Telecommunications Relay Services and Speech-To-Speech Services For 
Individuals With Hearing and Speech Disabilities; E911 Requirements For 
IP-Enabled Services Providers, Report and Order, document FCC 08-151, 
adopted June 11, 2008, and released June 24, 2008, in CG Docket No. 03-
123 and WC Docket No. 05-196. Simultaneously with the Report and Order, 
the Commission also issued a Further Notice and Proposed Rulemaking 
(FNPRM) in CG Docket No. 03-123 and WC Docket No. 05-196, seeking 
comment on additional issues relating to the assignment and 
administration of ten-digit telephone numbers for Internet-based TRS. 
The Report and Order addresses issues arising from the following items: 
(1) Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Notice of Proposed 
Rulemaking (VRS/IP Relay 911 NPRM), CG Docket No. 03-123, document FCC 
05-196, published at 71 FR 5221, February 1, 2006; (2) 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Declaratory Ruling 
and Further Notice of Proposed Rulemaking (Interoperability Declaratory 
Ruling and FNPRM), CG Docket No. 03-123, document FCC 06-57, published 
at 71 FR 30818 and 71 FR 30848, May 31, 2006; (3) Telecommunications 
Relay Services and Speech-to-Speech Services for Individuals with 
Hearing and Speech Disabilities, Further Notice of Proposed Rulemaking 
(IP Relay/VRS Misuse FNPRM), CG Docket No. 03-123, document FCC 06-58, 
published at 71 FR 31131, June 1, 2006; (4) Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities; E911 Requirements For IP-Enabled Service 
Providers, Report and Order (Interim Emergency Call Handling Order), CG 
Docket No. 03-123 and WC Docket No. 05-196, document FCC 08-78, 
published at 73 FR 21252, April 21, 2008; and (5) Consumer and 
Governmental Affairs Bureau Seeks to Refresh Record on Assigning 
Internet Protocol (IP)-Based Telecommunications Relay Service (TRS) 
Users Ten-Digit Telephone Numbers Linked to North American Numbering 
Plan (NANP) and Related Issues, Public Notice (Numbering PN), CG Docket 
No. 03-123, document DA 08-607, published at 73 FR 16304, March 27, 
2008.
    The full text of document FCC 08-151 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. FCC 08-151 and copies of subsequently filed 
documents in this matter 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 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). Document FCC 08-151 also can be downloaded in Word and Portable 
Document Format (PDF) at http://www.fcc.gov/cgb/dro/trs.html.

Paperwork Reduction Act of 1995 Analysis

    Document FCC 08-151 contains new and modified information 
collection requirements subject to the PRA. It will be submitted to OMB 
for review under section 3507 of the PRA. OMB, the general public, and 
other Federal agencies are invited to comment on the modified 
information collection requirements contained in this proceeding. 
Public and agency comments are due September 16, 2008. In addition, the 
Commission notes pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506 (c)(4), that the 
Commission previously sought specific comment on how it may ``further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.''

Synopsis

    1. In the Report and Order, the Commission adopts a system for 
assigning users of Internet-based TRS, specifically VRS and IP Relay, 
ten-digit telephone numbers linked to the NANP. This numbering system 
will further the functional equivalency mandate by ensuring that 
Internet-based TRS users can be reached by voice telephone users in the 
same way that voice telephone users are called. The measures the 
Commission adopts also are intended to ensure that emergency calls 
placed by Internet-based TRS users will be routed directly and 
automatically to the appropriate emergency services authorities by 
Internet-based TRS providers. Consistent with the Interim Emergency 
Call Handling Order, the Commission requires that the ten-digit 
numbering plan adopted in the Report and Order be implemented no later 
than December 31, 2008. In the accompanying FNPRM, the Commission seeks 
comment on additional issues relating to the assignment and 
administration of ten-digit telephone numbers for Internet-based TRS.
    2. Currently, VRS users do not have a reliable or consistent means 
by which others can identify or reach them. In contrast to the voice 
telephone network, Internet-based relay services are not linked to a 
uniform numbering scheme. Instead of a ten-digit telephone number, VRS 
users are typically assigned a ``dynamic'' IP address. As a 
consequence, it is more difficult to place a relay call to a VRS user, 
as compared to placing a call to a voice telephone user, because the 
calling party must ascertain the VRS user's current IP address each 
time he or she wishes to place a call to that individual.
    3. The voice telephone system is predicated on the assignment of 
ten-digit numbers to consumers, and the ability of any telephone user 
to reach a consumer by dialing that person's particular number. 
Further, because location and other identifying information is attached 
to each number, consumers can dial 911 and reach emergency services 
that can automatically determine the caller's location to respond to 
the emergency. The same holds true for consumers of the PSTN-based TRS. 
Voice telephone users can call these consumers via TRS if they know the 
consumer's ten-digit telephone number, which they provide to the 
customer assistant (CA) when

[[Page 41288]]

making the relay call. These TRS consumers can also contact emergency 
services by either dialing 911 directly or by calling a TRS provider; 
in either case, the caller's location information will automatically be 
passed to the emergency personnel. This is presently not the case, 
however, with respect to consumers using the Internet-based forms of 
TRS. Voice telephone users can call an Internet-based TRS user only if 
the caller knows the TRS user's current Internet address (or a proxy 
therefor), and the Internet-based TRS user cannot call emergency 
services and have location information automatically transmitted. The 
Commission concludes that it has the authority to adopt a system for 
assigning persons using Internet-based TRS ten-digit telephone numbers 
linked to the NANP pursuant to sections 225 and 251 of the 
Communications Act of 1934, as amended (the Act).
    4. In the March 19, 2008, Interim Emergency Call Handling Order, 
the Commission announced its intention to adopt a ten-digit numbering 
plan for Internet-based TRS in a future Commission order. That same 
day, and to ensure that the record reflects new technical, economic, 
and administrative developments related to the implementation of a 10-
digit numbering system, the Commission's Consumer and Governmental 
Affairs Bureau (Bureau) issued the Numbering PN, inviting interested 
parties to refresh the record on issues relating to the assignment and 
administration of ten-digit numbering for Internet-based TRS users. The 
Bureau also sought to refresh the record on other issues related to 
numbering, including number resource conservation, and the application 
of the Commission's anti-``slamming'' rules, customer proprietary 
network information (CPNI) rules, and local number portability (LNP) 
rules to Internet-based TRS providers.
    5. In the Interim Emergency Call Handling Order, the Commission 
required Internet-based TRS providers to ``accept and handle emergency 
calls'' and to access, either directly or via a third party, a 
commercially available database that will allow the provider to 
determine an appropriate PSAP, designated statewide default answering 
point, or appropriate local emergency authority that corresponds to the 
caller's location, and to relay the call to that entity. The Commission 
also adopted several interim emergency call handling requirements for 
Internet-based relay services, finding that these measures are needed 
to facilitate access to emergency services for consumers of Internet-
based relay services, pending the adoption of a longer term solution. 
The Commission also announced its intention to adopt in a forthcoming 
Commission order a Registered Location process, similar to that adopted 
by the Commission in the interconnected voice over Internet protocol 
(VoIP) context.
    6. Adoption of a Uniform Ten-Digit Telephone Numbering System for 
Internet-based TRS. The Commission finds that utilization of NANP 
numbers will best achieve the goal of making Internet-based TRS 
functionally equivalent to traditional circuit switched telephony, and 
will provide Internet-based TRS users a reliable and consistent means 
by which they may receive calls from voice telephone users. The 
Commission therefore requires Internet-based TRS providers to assign 
Internet-based TRS users NANP telephone numbers. The Commission further 
requires Internet-based TRS providers to stop issuing ``proxy'' or 
``alias'' numbers no later than December 31, 2008.
    7. Full connectivity between Internet-based TRS and the PSTN cannot 
be achieved simply by assigning telephone numbers to Internet-based TRS 
users. The networks upon which the Internet portion of Internet-based 
TRS operates require IP addresses rather than NANP telephone numbers 
for routing. In order to allow calls to be appropriately routed and 
completed, a mechanism must be created for mapping the telephone 
numbers assigned to Internet-based TRS users to the IP addresses (or 
other appropriate endpoint identifiers) used by Internet-based TRS.
    8. Number Acquisition and Assignment. The Commission finds that it 
is most expedient and consistent with the Commission's numbering 
policies for Internet-based TRS users to obtain NANP telephone numbers 
directly from their Internet-based TRS providers. Internet-based TRS 
providers may obtain such numbers either: (1) Directly from the North 
American Numbering Plan Administration (NANPA) or the Pooling 
Administrator (PA) if they are certificated as carriers and otherwise 
meet the criteria for obtaining numbers; or (2) through commercial 
arrangements with carriers (i.e., numbering partners). These are 
precisely the methods of obtaining numbers that are available to 
providers of interconnected VoIP service and their customers. Finally, 
Internet-based TRS users and providers of Internet-based TRS will enjoy 
the full benefits of LNP.
    9. The Commission finds that the best process for Internet-based 
TRS users to obtain telephone numbers is directly from their Internet-
based TRS providers. Such a process is functionally equivalent to the 
process by which subscribers to interconnected VoIP, Commercial Mobile 
Radio Service, and local exchange service obtain numbers. Indeed, even 
proponents of the neutral third-party process note that some consumers 
view their Internet-based TRS provider as if it were a telephone 
company and therefore expect that they should obtain numbering 
resources directly from the Internet-based TRS provider.
    10. In light of the Commission's decision to have Internet-based 
TRS users obtain numbers directly from Internet-based TRS providers, 
the Commission must determine how Internet-based TRS providers are to 
obtain access to numbering resources. The record reflects three 
methods: (1) Directly from the NANPA or the PA, (2) from a neutral 
third party administrator established for the purpose, or (3) from 
numbering partners through commercial agreements.
    11. Only carriers, absent a Commission waiver, may obtain numbering 
resources directly from the NANPA or the PA. Section 52.15(g)(2) of the 
Commission's rules limits access to the NANP numbering resources to 
those applicants that are (1) ``authorized to provide service in the 
area for which the numbering resources are being requested'' and (2) 
``[are] or will be capable of providing service within sixty (60) days 
of the numbering resources activation date.'' 47 CFR 52.15(g)(2). 
Allowing only carriers to have direct access to NANP numbering 
resources helps to ensure that the numbers are used efficiently and to 
avoid number exhaust and also provides some control over who may access 
numbering databases and personnel. Thus, to the extent that a provider 
of Internet-based TRS is licensed or certificated as a carrier under 
the Act and relevant state law (as appropriate), it may obtain 
numbering resources directly from the NANPA or PA.
    12. The Commission recognizes, however, that many, if not all, 
providers of Internet-based TRS will not be licensed or certificated as 
carriers. Internet-based TRS providers that have not obtained a license 
or certificate of public convenience and necessity from the relevant 
states or otherwise are not eligible to receive numbers directly from 
the NANPA or PA may make numbers available to their customers through 
commercial arrangements with carriers (i.e., numbering partners). This 
method has proven successful in the context of interconnected VoIP, is 
consistent with the Commission's numbering rules, and is cost 
effective. TRS providers can easily obtain numbers from certified

[[Page 41289]]

carriers the same way interconnected VoIP providers obtain numbers 
today.
    13. In any case, Internet-based TRS providers and their numbering 
partners shall be entitled to obtain and use numbering resources only 
to the extent they comply with the requirements of the Report and 
Order. The Commission also reminds all parties that telephone numbers 
are a public resource, not private property. They may not be bought or 
sold. They may, however, be provided as part of a package of services 
that includes, for example, interconnection, connectivity, or 911 
service.
    14. In light of record support for, and the demonstrated success of 
interconnected VoIP providers in obtaining NANP telephone numbers from 
carriers, the Commission declines to appoint a neutral third party to 
obtain numbers from the NANPA or from numbering partners for 
distribution to providers of Internet-based TRS or Internet-based TRS 
users. Allowing a third-party administrator direct access to numbering 
resources is not consistent with general Commission policy--as 
discussed above, absent a waiver, the Commission's rules allow only 
carriers direct access to NANP numbering resources. Further, the record 
reflects that a third-party administrator would add another layer of 
personnel, process, and cost in the number procurement process.
    15. The Commission also finds that Internet-based TRS providers and 
their numbering partners are subject to the same LNP obligations, with 
the sole exception of contributing to meet shared numbering 
administration costs and LNP costs, as the Commission set forth in 
Telephone Number Requirements for IP Enabled Services Providers; Local 
Number Portability Porting Interval and Validation Requirements; IP-
Enabled Services; Telephone Number Portability; CTIA Petitions for 
Declaratory Ruling on Wireline-Wireless Porting Issues; Final 
Regulatory Flexibility Analysis; Number Resource Optimization, Report 
and Order, Declaratory Ruling, Order on Remand, and Notice of Proposed 
Rulemaking, WC Docket Nos. 07-243, 07-244, 04-36; CC Docket Nos. 95-
116, 99-200, document FCC 07-188, published at 73 FR 9463, February 21, 
2008 and 73 FR 9507, February 21, 2008. The Commission expands the 
scope of the Commission's LNP rules to include Internet-based TRS 
providers, so that the full array of obligations relating to the 
porting of numbers from one service provider to another service 
provider are applicable when an Internet-based TRS user wishes to port 
a number, regardless of whether the service providers involved are 
carriers, interconnected VoIP providers, or Internet-based TRS 
providers. The Commission notes that the Internet-based TRS provider 
has an affirmative legal obligation to take all steps necessary to 
initiate or allow a port-in or port-out itself or through its numbering 
partner on behalf of the Internet-based TRS user, subject to a valid 
port request, without unreasonable delay or unreasonable procedures 
that have the effect of delaying or denying porting of the number. 
Moreover, Internet-based TRS providers and their numbering partners may 
not enter into agreements that would prohibit or unreasonably delay an 
Internet-based TRS user from porting between Internet-based TRS 
providers and will be subject to Commission enforcement action for any 
such violation of the Act and the Commission's LNP rules.
    16. To the extent that an Internet-based TRS provider is licensed 
or certificated as a carrier, that carrier is eligible to obtain 
numbering resources directly from the NANPA, subject to all relevant 
rules and procedures applicable to carriers, including LNP 
requirements. Under these circumstances, the Internet-based TRS 
provider would not have a numbering partner, and would thus be solely 
responsible for compliance with the Commission rules at issue here.
    17. Section 251(e)(2) of the Act provides that ``[t]he cost of 
establishing telecommunications numbering administration arrangements 
and number portability shall be borne by all telecommunications 
carriers on a competitively neutral basis as determined by the 
Commission.'' 47 U.S.C. 251(e)(2). Carriers and interconnected VoIP 
providers that benefit from LNP generally are required to contribute to 
meet shared LNP costs. The Commission declines to extend to Internet-
based TRS providers the obligation to contribute to meet shared LNP 
costs at this time. Unlike other providers that benefit from LNP, 
providers of Internet-based TRS are not permitted to recover their 
costs from their end users. Rather, Internet-based TRS providers are 
compensated by the Interstate TRS Fund for the costs of providing relay 
service. Money in the Interstate TRS Fund is collected from various 
providers of telecommunications and related services--many of which 
already contribute to meet shared LNP costs. It makes little sense to 
require Internet-based TRS providers to contribute to defray shared LNP 
costs covered by the same providers that ultimately provide the money 
Internet-based TRS providers will use to make such contributions.
    18. The Commission finds that Internet-based TRS users should be 
assigned geographically appropriate NANP numbers, as happens today for 
hearing users. The Commission notes that there may be unusual and 
limited circumstances in which an Internet-based TRS provider may not 
be able to obtain a geographically appropriate number for a particular 
end user. While the Commission does not expect this to be a common 
occurrence, Internet-based TRS providers may temporarily employ 
suitable workarounds in such circumstances, such as the assignment of a 
number which is reasonably close to the Internet-based TRS user's rate 
center, or the use of remote call forwarding. Such workarounds may be 
employed only until a geographically appropriate number becomes 
available, unless the end user chooses to retain the originally 
assigned number.
    19. ``Default Provider'' Registration. Every provider of Internet-
based TRS is required to provide Internet-based TRS users with the 
capability to register with that Internet-based TRS provider as a 
``default provider'' and provide or port for that user a NANP telephone 
number. Such registration is required: (1) To allow the Internet-based 
TRS provider to take steps to associate the Internet-based TRS user's 
telephone number with their IP address to allow for the routing and 
completion of calls; (2) to facilitate the provision of 911 service; 
and (3) to facilitate the implementation of appropriate network 
security measures.
    20. The Internet-based TRS provider with which an Internet-based 
TRS user has registered will serve as the Internet-based TRS user's 
``default provider.'' For all Internet-based TRS users, all inbound and 
outbound calls will, by default, be routed through the default 
provider. Such a default provider arrangement is functionally 
equivalent to services provided on the PSTN and via interconnected 
VoIP. For example, voice telephone users that subscribe to a particular 
carrier for long distance service will make all of their long distance 
calls on that carrier's network unless they choose to ``dial around'' 
to an alternative long distance provider. Likewise, calls made to and 
from an Internet-based TRS user will be handled by the default 
provider, unless the calling Internet-based TRS user specifically 
``dials around'' in order to utilize an alternative provider. 
Individuals calling an Internet-based TRS user likewise will have the 
option of ``dialing around'' an Internet-based TRS user's default 
provider in order to

[[Page 41290]]

utilize the services of a different TRS provider. An Internet-based TRS 
user may select and register with a new default provider at any time 
and have his or her number ported to that provider.
    21. As of December 31, 2008, Internet-based TRS providers must, 
prior to the initiation of service for an individual that has not 
previously utilized Internet-based TRS, register that new Internet-
based TRS user, provide that user with a ten-digit NANP telephone 
number, obtain that user's Registered Location, and fulfill all other 
requirements set forth in the Report and Order that pertain to 
Registered Internet-based TRS Users. The Commission's numbering plan 
must be implemented such that ten-digit numbers are available to 
Internet-based TRS users no later than December 31, 2008. The 
Commission recognizes, however, that every existing Internet-based TRS 
user will not be able to register with a default provider on that day. 
The Commission therefore recognizes that the Commission must adopt a 
registration period for the existing base of Internet-based TRS users 
to migrate to the new numbering plan.
    22. Centralized Numbering Directory Mechanism. The Commission finds 
that the best centralized numbering directory mechanism shall: (1) Be 
provisioned with Uniform Resource Identifiers (URIs) that contain, 
inter alia, end-user IP addresses for VRS and domain names and user 
names for IP Relay; (2) be provisioned by Internet-based TRS providers 
on behalf of their Registered Internet-based TRS Users; and (3) limit 
central database access to Internet-based TRS providers. The Commission 
further finds that industry-standard DNS and ENUM technology is well-
suited for implementing and querying the database.
    23. The primary purpose of the central database will be to map each 
Internet-based TRS user's NANP telephone number to his or her end 
device. This can be accomplished by: (1) Provisioning the database with 
each Internet-based TRS user's IP address (either alone or as part of a 
URI); or (2) provisioning the database with URIs that contain domain 
names and user names--such as an instant-message service and screen-
name--that can be subsequently resolved to reach the user's end device.
    24. The Commission finds that the central database should be 
provisioned with URIs containing IP addresses for VRS users. 
Provisioning URIs containing IP addresses to the central database will 
result in a simplified, and more efficient, call setup process by 
eliminating the need to query an Internet-based TRS user's default 
provider before completing every call. Further, the use of a domain 
name in the URI normally would create a dependency on the global Domain 
Name System and thereby introduce those additional security 
vulnerability issues associated with the global DNS. Finally, 
eliminating the terminating party's default provider from the call flow 
also improves Internet-based TRS user privacy by limiting the number of 
Internet-based TRS providers that have access to call signaling data, 
and limits any ability the terminating party's default provider might 
have to block or otherwise degrade calls initiated through a 
competitor.
    25. The Commission requires Internet-based TRS providers to 
provision routing information directly to the central database. Default 
providers must obtain current routing information, including URIs 
containing IP addresses or domain names and user names, from their 
Registered Internet-based TRS Users, provision such information to the 
central database, and maintain it in their internal databases and in 
the central database. Conversely, Internet-based TRS providers (and, to 
the extent necessary, their numbering partners) must take such steps as 
are necessary to cease acquiring routing information from any Internet-
based TRS user that ports his or her number to another provider or 
otherwise selects a new default provider. In addition, Internet-based 
TRS providers and their numbering partners also must communicate among 
themselves as necessary to ensure that only the default provider 
provisions routing information to the central database, and that 
providers other than the default provider are aware that they must 
query the central database in order to obtain accurate routing 
information for a particular user of Internet-based TRS. In order to 
ensure that the telephone numbers of Internet-based TRS users are fully 
portable, that their devices are interoperable, and their privacy is 
protected, if an Internet-based TRS provider cannot provide service to 
a particular user in the manner described in the Report and Order, the 
Internet-based TRS provider must not provide service to that user 
without seeking prior approval of the Commission.
    26. The Commission concludes that only Internet-based TRS providers 
will be authorized to query the central database for the purpose of 
obtaining information from the database to complete calls.
    27. The Commission further concludes that building, maintaining, 
and operating the central database will best be done by a neutral third 
party administrator under contract with the Commission and compensated 
through the Interstate TRS Fund. The neutral database administrator 
must be selected, and must construct the database, work with industry 
to populate the database, test the functionality of the database, and 
be prepared to support ten-digit numbers for Internet-based TRS users 
by December 31, 2008.
    28. In the interest of time, the Commission is not referring this 
issue to the North American Numbering Council (NANC), as the Commission 
has for past numbering contracts. Rather, the Commission delegates 
authority to the Office of the Managing Director (Managing Director), 
with the assistance of the Wireline Competition Bureau, the Consumer 
and Governmental Affairs Bureau, and the Office of General Counsel, to 
select the neutral administrator based on a competitive bidding 
process.
    29. The Commission concludes that: (1) The neutral administrator 
must be a non-governmental entity that is impartial and is not an 
affiliate of any Internet-based TRS provider; (2) the neutral 
administrator and any affiliate may not issue a majority of its debt 
to, nor derive a majority of its revenues from, any Internet-based TRS 
provider; and (3) notwithstanding the neutrality criteria set forth in 
(1) and (2) above, the neutral administrator may be determined to be or 
not to be subject to undue influence by parties with a vested interest 
in the outcome of TRS-related numbering administration and activities. 
Any subcontractor that performs functions of the neutral administrator 
must also meet these neutrality criteria.
    30. Emergency Calling Handling Requirement. The Commission stated 
in the Interim Emergency Call Handling Order the Commission's belief 
that the use of a Registered Location process, similar to that adopted 
in the VoIP 911 Order, constitutes an additional critical component of 
an E911 solution for Internet-based TRS providers, so that a CA may 
promptly determine an appropriate PSAP, designated statewide default 
answering point, or appropriate local emergency authority to call to 
respond to the emergency. Accordingly, as the Commission required of 
all interconnected VoIP providers, the Commission requires that all 
Internet-based TRS providers obtain or have access to consumer location 
information for the purposes of emergency calling requirements. The 
Commission also requires all Internet-based TRS providers to obtain 
from their Registered

[[Page 41291]]

Internet-based TRS users their physical location, and the Commission 
modifies the call handling requirements adopted in the Interim 
Emergency Call Handling Order to reflect the adoption of a Registered 
Location requirement.
    31. Registered Location Requirement. The Commission recognizes that 
it currently is not always technologically feasible for providers of 
Internet-based TRS to automatically determine the location of their end 
users without end users' active cooperation. The Commission therefore 
requires each provider of Internet-based TRS to obtain location 
information from each of their Registered Internet-based TRS users. 
Specifically, providers of Internet-based TRS must obtain from each of 
their Registered Internet-based TRS users, prior to the initiation of 
service, the physical location at which the service will first be 
utilized. The most recent location provided to an Internet-based TRS 
provider by a Registered Internet-based TRS user is the ``Registered 
Location.'' Internet-based TRS providers can comply with this 
requirement directly or by utilizing the services of a third party. 
Furthermore, providers of Internet-based TRS that can be utilized from 
more than one physical location must provide their Registered Internet-
based TRS users one or more methods of updating information regarding 
the Registered Internet-based TRS user's physical location. Although 
the Commission declines to specify any particular method, the 
Commission requires that any method utilized allow a Registered 
Internet-based TRS user to update his or her Registered Location at 
will and in a timely manner, including at least one option that 
requires use only of the CPE necessary to access the Internet-based 
TRS. Further, Internet-based TRS providers may not charge users to 
update their Registered Location, as this would discourage Registered 
Internet-based TRS users from doing so and therefore undermine this 
solution.
    32. The Interim Emergency Call Handling Order required Internet-
based TRS providers to ``request, at the beginning of every emergency 
call, the caller's name and location information.'' Internet-based TRS 
providers no longer are required to request such information at the 
beginning of an emergency call if the Internet-based TRS provider has, 
or has access to, a Registered Location for the caller.
    33. Routing 911 Calls. The Interim Emergency Call Handling Order 
permitted Internet-based TRS providers to route 911 calls to PSAPs' 
ten-digit administrative lines pending adoption of a Registered 
Location requirement. As of December 31, 2008, the Commission requires 
that an Internet-based TRS provider must transmit all 911 and E911 
calls, as well as a call back number, the name of the relay provider, 
the CA's identification number, and the caller's Registered Location 
for each call, to the PSAP, designated statewide default answering 
point, or appropriate local emergency authority that serves the 
caller's Registered Location and that has been designated for 
telecommunications carriers under Sec.  64.3001 of the Commission's 
rules. These calls must be routed through the use of ANI and, if 
necessary, pseudo-ANI, via the dedicated Wireline E911 Network, and the 
Registered Location must be available from or through the ALI Database.
    34. 911 Service Providers. The Commission continues to expect that 
Internet-based TRS providers will be able to use much of the same 
infrastructure and technology that is already in place for the delivery 
of 911 and E911 calls by interconnected VoIP service providers. The 
Commission recognizes that, because Internet-based TRS providers will 
be able to choose from among multiple providers of 911 related 
services, in instances in which an Internet-based TRS user places an 
emergency call through an Internet-based TRS provider other than the 
Internet-based TRS user's default provider, the alternative provider 
may not have access to the Internet-based TRS user's Registered 
Location information. The Commission notes, however, that providers 
must prioritize and answer emergency calls in accordance with the 
requirements set forth in the Interim Emergency Call Handling Order. 
Further, because of the importance of emergency call handling, 
providers must ensure adequate staffing of emergency call handling 
processes so that CAs are not required to disconnect non-emergency 
calls in order to process emergency calls. In light of these 
requirements and the nature of emergency calls, the Commission expects 
that most, if not all, emergency calls will be dialed via an Internet-
based TRS user's default provider and thus will have associated 
Registered Locations. Further, in light of the importance of access to 
emergency services for relay users, the Commission asks in the 
accompanying FNPRM whether the Commission should take other steps in 
order to ensure that emergency calls are handled in an appropriate and 
expeditious manner.
    35. Consumer Outreach and Education. Because substantial consumer 
outreach efforts will be needed to ensure a seamless transition to a 
ten-digit numbering system and to ensure the successful implementation 
of the Registered Location requirement adopted herein, the Commission 
requires each Internet-based TRS provider, upon the effective date of 
the Report and Order, to include an additional advisory on its Web site 
and in any promotional materials addressing the new requirements 
adopted herein. At a minimum, the advisory must address the following 
issues: (1) The process by which Internet-based TRS users may obtain 
ten-digit telephone numbers, including a brief summary of the numbering 
assignment and administration processes adopted herein; (2) the 
portability of ten-digit telephone numbers assigned to Internet-based 
TRS users; (3) the process by which persons using Internet-based forms 
of TRS may submit, update, and confirm receipt by the provider of their 
Registered Location information; and (4) an explanation emphasizing the 
importance of maintaining accurate, up-to-date Registered Location 
information with the user's default provider in the event that the 
individual places an emergency call via an Internet-based relay 
service. The Commission also requires Internet-based TRS providers to 
obtain and keep a record of affirmative acknowledgement by every user 
assigned a ten-digit telephone number of having received and understood 
the advisory described above.
    36. The Commission also directs the Consumer and Governmental 
Affairs Bureau to issue a consumer advisory to TRS users summarizing 
the requirements and obligations set forth in the Report and Order, and 
to disseminate the advisory through the Consumer Information Registry.
    37. IP Relay Fraud. Although Internet-based relay services have 
proven to be enormously popular with consumers, these services (and 
particularly IP Relay) may be more susceptible to misuse than other 
forms of TRS. For example, the Commission has received complaints and 
anecdotal evidence that persons without a hearing or speech disability 
have misused IP Relay to defraud merchants by making purchases over the 
telephone using stolen, fake, or otherwise invalid credit cards. See IP 
Relay/VRS FNPRM. This misuse is enabled both by Internet-based TRS 
providers' current difficulty in determining with certainty the 
geographic location of their users and by IP Relay providers' inability 
to determine the identity of any particular user (because an IP Relay 
CA only receives the text of a user's message). In other words, IP 
Relay affords the user a degree of anonymity that is generally

[[Page 41292]]

not possible with PSTN-based relay calls. This misuse harms both the 
merchants who are victimized and legitimate IP Relay users who may no 
longer be able to convince merchants to take their calls or accept 
their orders for merchandise. In addition, the misuse of IP Relay by 
hearing callers poses an added burden on the Fund--a burden ultimately 
borne by all consumers. The Commission believes that registration of 
Internet-based TRS users with a default provider and provision of a 
Registered Location should reduce the misuse of IP Relay by persons 
seeking anonymity to make fraudulent credit card purchases and engage 
in other wrongdoing.
    38. Cost Recovery Issues. Section 225 of the Communications Act 
creates a cost recovery regime whereby TRS providers are compensated 
for their reasonable costs of providing service in compliance with the 
TRS regulations. The Commission has explained that ``for purposes of 
determining the `reasonable' costs that may be recovered * * *, the 
costs must relate to the provision of service in compliance with the 
applicable non-waived [TRS] mandatory minimum standards.'' Therefore, 
because the Commission now requires Internet-based TRS providers to 
offer ten-digit numbering and E911 services, providers of these 
services are entitled to recover their reasonable costs of complying 
with the new requirements as set forth in the Report and Order. The 
Commission will require that such costs be submitted every three 
months, beginning three months after the release date of the Report and 
Order. Costs submitted must be for those costs actually incurred during 
the prior three-month period. The TRS Fund Administrator, and the 
Commission, shall review submitted costs and may request supporting 
documentation to verify the expenses claimed, and may also disallow 
unreasonable costs. The Commission will permit such filings until such 
time as new compensation rates are adopted that include the costs of 
complying with the requirements adopted herein, or the Commission 
otherwise re-addresses this issue.
    39. Submitted costs may include those additional costs incurred by 
a provider that directly relate to: (1) Ensuring that database 
information is properly and timely updated and maintained; (2) 
processing and transmitting calls made to ten-digit numbers assigned 
pursuant to the Report and Order; (3) routing emergency calls to an 
appropriate PSAP; (4) other implementation related tasks directly 
related to facilitating ten-digit numbering and emergency call 
handling; and (5) consumer outreach and education related to the 
requirements and services adopted in the Report and Order. These costs 
do not include, however, costs relating to assigning numbers to the 
Internet-based TRS users nor costs relating to number portability. 
Because voice telephone users generally bear these costs, the 
Commission seeks comment in the FNPRM on whether Internet-based TRS 
users or the Fund should bear these costs. The Commission also reminds 
Internet-based TRS providers, however, that these costs may not include 
costs related to facilitating non-TRS peer-to-peer (or video-to-video) 
calls.
    40. The Commission authorizes the TRS Fund Administrator to pay the 
reasonable costs of providing necessary services consistent with the 
Report and Order directly to the database administrator rather than 
funnel the funding indirectly through providers. Finally, the 
Commission notes that to the extent the costs necessitated by the 
requirements adopted in the Report and Order may require an adjustment 
to the Fund size, and therefore the carrier contribution factor, the 
Commission expects the TRS Fund Administrator to monitor payments made 
from the Fund in connection with the Report and Order and to recommend 
to the Commission, if and when appropriate, that the Fund size be 
adjusted.
    41. Timeline and Benchmarks. By the Report and Order, the 
Commission has met its commitment to complete a final order on a ten-
digit numbering plan in the second quarter of this year. Recognizing 
that Internet-based TRS providers and the neutral third-party 
administrator discussed above will require time to implement the Report 
and Order, the Commission requires, consistent with the Interim 
Emergency Call Handling Order, that the ten-digit numbering plan be 
implemented such that ten-digit numbers are available to end users no 
later than December 31, 2008. In order to ensure this deadline is met, 
the Commission authorizes the Managing Director to include in the 
neutral third-party administration contract such benchmarks as are 
necessary to meet the implementation deadline.
    42. As a further means of ensuring that the Commission's 
implementation deadline is met, and recognizing that detailed 
implementation issues must be finalized prior to the implementation 
deadline, the Commission hereby directs the Managing Director to 
include in the neutral third-party administration contract the 
requirement to refer all implementation disputes that it is unable to 
resolve in a reasonable time to the Chief, Wireline Competition Bureau. 
The Commission further authorizes the Managing Director, if so 
requested by the Chief, Wireline Competition Bureau, to retain a 
technical advisor that will provide such assistance as the Chief, 
Wireline Competition Bureau, may require to resolve such disputes.

Final Regulatory Flexibility Certification

    43. The Regulatory Flexibility Act of 1980, as amended (RFA), see 5 
U.S.C. 603, requires that a regulatory flexibility analysis be prepared 
for rulemaking proceedings, unless the agency certifies that ``the rule 
will not, if promulgated, have a significant economic impact on a 
substantial number of small entities.'' 5 U.S.C. 605(b). The RFA 
generally defines ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' 5 U.S.C. 601(6). In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act. 5 U.S.C. 601(3). A ``small 
business concern'' is one which: (1) Is independently owned and 
operated; (2) is not dominant in its field of operation; and (3) 
satisfies any additional criteria established by the Small Business 
Administration (SBA). 15 U.S.C. 632.
    44. In the Report and Order, the Commission adopts a system for 
assigning ten-digit telephone numbers linked to the NANP to persons 
using Internet-based TRS. The Report and Order will further the 
functional equivalency of TRS mandated in Title IV of the Americans 
with Disabilities Act. The Commission finds that utilization of NANP 
numbers will achieve the goal of making Internet-based TRS functionally 
equivalent to traditional circuit switched telephony, and will provide 
Internet-based TRS users a reliable and consistent means by which they 
may receive calls from voice telephone users in the same way that voice 
telephone users are called.
    45. Under the Report and Order, each Internet-based TRS provider 
must provide Internet-based TRS users with the capability to register 
with that provider as a ``default'' provider. Upon a user's 
registration, each provider must either facilitate the user's valid 
number portability request or, if the user does not wish to port a 
number, assign that user a geographically appropriate NANP telephone 
number. Each provider also must route and deliver all of its Registered 
Internet-based TRS users' inbound and outbound calls unless the user 
chooses to place a call with, or receives a call from, an alternate 
provider. Further, the Report and Order

[[Page 41293]]

requires Internet-based TRS providers to obtain from each of their 
Registered Internet-based TRS users, prior to the initiation of 
service, the physical location at which the service will first be 
utilized. In addition, providers of Internet-based TRS that can be 
utilized from more than one physical location must provide the 
registered user one or more methods of updating the user's physical 
location. As noted in the Report and Order, the numbering system 
adopted will enable individuals with hearing and speech disabilities 
using Internet-based TRS access to emergency services.
    46. Specifically, the Report and Order is intended to ensure that 
emergency calls placed by Internet-based TRS users will be routed 
directly and automatically to the appropriate emergency services 
authorities by Internet-based TRS providers. The Commission also 
requires each Internet-based TRS provider to include an advisory on its 
Web site and in any promotional materials addressing the new 
requirements adopted in the Report and Order. Providers must obtain and 
keep a record of affirmative acknowledgement by every user assigned a 
number of having received and understood this advisory. The Commission 
also states its belief that instituting a numbering system and a 
Registered Location requirement, as provided in the Report and Order, 
will reduce the misuse of IP Relay by persons seeking to use this 
service for fraudulent purposes. Finally, the Report and Order 
concludes that providers will be compensated from the Interstate TRS 
Fund for their reasonable actual costs of complying with the new rules 
adopted therein.
    47. To the extent that all Internet-based TRS providers, including 
small entities, will be eligible to receive compensation from the 
Interstate TRS Fund for their reasonable costs of complying with these 
numbering and Registered Location requirements, the Commission finds 
that these requirements will not have a significant economic impact on 
a substantial number of small entities. Further, the Commission 
believes that allowing providers until December 31, 2008, to implement 
the ten-digit numbering plan adopted in the Report and Order is a 
reasonable timeframe for both large and small providers. The Commission 
also authorizes the Managing Director to include in the third-party 
administrator contract the requirement to refer all implementation 
disputes that it is unable to resolve in a reasonable time to the Chief 
of the Wireline Competition Bureau for resolution, which will ease 
burdens on providers, including small entities. For all of these 
reasons, the Commission concludes that these measures will not have a 
significant economic impact on a substantial number of small entities, 
because each small business will receive financial compensation for 
reasonable costs incurred rather than absorb an uncompensated financial 
loss or hardship.
    48. With regard to whether a substantial number of small entities 
may be affected by the requirements adopted in the Report and Order, 
the Commission notes that, of the 11 providers affected by the Report 
and Order, only three meet the definition of a small entity. The SBA 
has developed a small business size standard for Wired 
Telecommunications Carriers, which consists of all such firms having 
1,500 or fewer employees. 13 CFR 121.201, NAICS code 517110. Currently, 
eleven providers receive compensation from the Interstate TRS Fund for 
providing VRS, IP Relay and IP CTS: AT&T Corp.; CSDVRS; CAC; GoAmerica; 
Hamilton Relay, Inc.; Hands On; Healinc; Nordia Inc.; Snap 
Telecommunications, Inc; Sorenson; and Sprint. Because only three of 
the providers affected by the Report and Order are deemed to be small 
entities under the SBA's small business size standard, the Commission 
concludes that the number of small entities affected by the 
Commission's decision in the Report and Order is not substantial. 
Moreover, given that all affected providers, including the three that 
are deemed to be small entities under the SBA's standard, will be 
entitled to receive prompt reimbursement for their reasonable costs of 
compliance, the Commission concludes that the Report and Order will not 
have a significant economic impact on these small entities.
    49. Therefore, for all of the reasons stated above, the Commission 
certifies that the requirements of the Report and Order will not have a 
significant economic impact on a substantial number of small entities.

Congressional Review Act

    The Commission will send a copy of the Report and Order in a report 
to be sent to Congress and the Government Accountability Office 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    Pursuant to sections 1, 2, 4(i), 4(j), 225, 251, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 225, 251, and 303(r), the Report and Order is adopted.
    Pursuant to sections 1, 2, 4(i), 4(j), 225, 251, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 225, 251, and 303(r), parts 52 and 64 of the Commission's 
rules, 47 CFR parts 52 and 64, are amended.
    The Report and Order shall be effective August 18, 2008 and all 
requirements set forth in the Report and Order must be implemented by 
December 31, 2008, except for the information collections, which 
require approval by OMB under the PRA and which shall become effective 
after the Commission publishes a notice in the Federal Register 
announcing such approval and the relevant effective date(s).
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, SHALL SEND a copy of the Report and 
Order, including the Final Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Parts 52 and 64

    Individuals with disabilities, Reporting and recordkeeping 
requirements, Telecommunications.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 52 and 64 to read as follows:

PART 52--NUMBERING

0
1. The authority citation for part 52 continues to read as follows:

    Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066, as amended; 47 
U.S.C. 151, 152, 154 and 155 unless otherwise noted. Interpret or 
apply secs. 3, 4, 201-05, 207-09, 218, 225-27, 251-52, 271 and 332, 
48 Stat. 1070, as amended, 1077; 47 U.S.C. 153, 154, 201-05, 207-09, 
218, 225-27, 251-52, 271 and 332 unless otherwise noted.


0
2. Section 52.21 is amended by:
0
a. Redesignating paragraphs (o) through (s) as paragraphs (q) through 
(u);
0
b. Redesignating paragraphs (i) through (n) as paragraphs (j) through 
(o); and
0
c. Adding new paragraphs (i), (p), and (v).
    The additions read as follows:

[[Page 41294]]

Sec.  52.21  Definitions.

* * * * *
    (i) The term IP Relay provider means an entity that provides IP 
Relay as defined by 47 CFR 64.601.
* * * * *
    (p) The term Registered Internet-based TRS User has the meaning set 
forth in 47 CFR 64.601.
* * * * *
    (v) The term VRS provider means an entity that provides VRS as 
defined by 47 CFR 64.601.
* * * * *

0
3. Section 52.34 is revised to read as follows:


Sec.  52.34  Obligations regarding local number porting to and from 
interconnected VoIP or Internet-based TRS providers.

    (a) An interconnected VoIP or VRS or IP Relay provider must 
facilitate an end-user customer's or a Registered Internet-based TRS 
User's valid number portability request, as it is defined in this 
subpart, either to or from a telecommunications carrier or an 
interconnected VoIP or VRS or IP Relay provider. ``Facilitate'' is 
defined as the interconnected VoIP or VRS or IP Relay provider's 
affirmative legal obligation to take all steps necessary to initiate or 
allow a port-in or port-out itself or through the telecommunications 
carriers, if any, that it relies on to obtain numbering resources, 
subject to a valid port request, without unreasonable delay or 
unreasonable procedures that have the effect of delaying or denying 
porting of the NANP-based telephone number.
    (b) An interconnected VoIP or VRS or IP Relay provider may not 
enter into any agreement that would prohibit an end-user customer or a 
Registered Internet-based TRS User from porting between interconnected 
VoIP or VRS or IP Relay providers, or to or from a telecommunications 
carrier.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
4. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), 
Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 222, 225, 226, 228, and 254(k) unless otherwise noted.

0
5. Section 64.601 is amended by:
0
a. Redesignating paragraphs (a)(18) and (a)(19) as (a)(26) and (a)(27);
0
b. Redesignating paragraphs (a)(13) through (a)(17) as paragraphs 
(a)(19) through (a)(23);
0
c. Removing paragraph (a)(12);
0
d. Redesignating paragraph (a)(11) as paragraph (a)(16);
0
e. Redesignating paragraph (a)(10) as paragraph (a)(14);
0
f. Redesignating paragraphs (a)(3) through (a)(9) as paragraphs (a)(4) 
through (a)(10); and
0
g. Revising paragraph (a) introductory text and adding new paragraphs 
(a)(3), (a)(11) through (a)(13), (a)(15), (a)(17), (a)(18), (a)(24), 
and (a)(25).
    The revisions and additions read as follows:


Sec.  64.601  Definitions and provisions of general applicability.

* * * * *
    (a) For purposes of this subpart, the terms Public Safety Answering 
Point (PSAP), statewide default answering point, and appropriate local 
emergency authority are defined in 47 CFR 64.3000; the terms pseudo-ANI 
and Wireline E911 Network are defined in 47 CFR 9.3; the term affiliate 
is defined in 47 CFR 52.12(a)(1)(i), and the terms majority and debt 
are defined in 47 CFR 52.12(a)(1)(ii).
* * * * *
    (3) ANI. For 911 systems, the Automatic Number Identification (ANI) 
identifies the calling party and may be used as the callback number.
* * * * *
    (11) Internet-based TRS. A telecommunications relay service (TRS) 
in which an individual with a hearing or a speech disability connects 
to a TRS communications assistant using an Internet Protocol-enabled 
device via the Internet, rather than the public switched telephone 
network. Internet-based TRS does not include the use of a text 
telephone (TTY) over an interconnected voice over Internet Protocol 
service.
    (12) Internet Protocol Captioned Telephone Service (IP CTS). A 
telecommunications relay service that permits an individual who can 
speak but who has difficulty hearing over the telephone to use a 
telephone and an Internet Protocol-enabled device via the Internet to 
simultaneously listen to the other party and read captions of what the 
other party is saying. With IP CTS, the connection carrying the 
captions between the relay service provider and the relay service user 
is via the Internet, rather than the public switched telephone network.
    (13) Internet Protocol Relay Service (IP Relay). A 
telecommunications relay service that permits an individual with a 
hearing or a speech disability to communicate in text using an Internet 
Protocol-enabled device via the Internet, rather than using a text 
telephone (TTY) and the public switched telephone network.
* * * * *
    (15) Numbering Partner. Any entity with which an Internet-based TRS 
provider has entered into a commercial arrangement to obtain North 
American Numbering Plan telephone numbers.
* * * * *
    (17) Registered Location. The most recent information obtained by a 
VRS or IP Relay provider that identifies the physical location of an 
end user.
    (18) Registered Internet-based TRS User. An individual that has 
registered with a VRS or IP Relay provider as described in Sec.  64.611 
of this chapter.
* * * * *
    (24) TRS Numbering Administrator. The neutral administrator of the 
TRS Numbering Directory selected based on a competitive bidding 
process.
    (25) TRS Numbering Directory. The database administered by the TRS 
Numbering Administrator, the purpose of which is to map each Registered 
Internet-based TRS User's NANP telephone number to his or her end 
device.
* * * * *

0
6. Section 64.605 is revised to read as follows:


Sec.  64.605  Emergency Calling Requirements.

    (a) Additional Emergency Calling Requirements Applicable to 
Internet-based TRS Providers.
    (1) As of December 31, 2008, the requirements of paragraphs 
(a)(2)(i) and (a)(2)(iv) of this section shall not apply to providers 
of VRS and IP Relay.
    (2) Each provider of Internet-based TRS shall:
    (i) Accept and handle emergency calls and access, either directly 
or via a third party, a commercially available database that will allow 
the provider to determine an appropriate PSAP, designated statewide 
default answering point, or appropriate local emergency authority that 
corresponds to the caller's location, and to relay the call to that 
entity;
    (ii) Implement a system that ensures that the provider answers an 
incoming emergency call before other non-emergency calls (i.e., 
prioritize emergency calls and move them to the top of the queue);
    (iii) Request, at the beginning of each emergency call, the 
caller's name and location information, unless the Internet-based TRS 
provider already has, or has access to, a Registered Location for the 
caller;
    (iv) Deliver to the PSAP, designated statewide default answering 
point, or appropriate local emergency authority, at the outset of the 
outbound leg of an emergency call, at a minimum, the name of the relay 
user and location of the

[[Page 41295]]

emergency, as well as the name of the relay provider, the CA's callback 
number, and the CA's identification number, thereby enabling the PSAP, 
designated statewide default answering point, or appropriate local 
emergency authority to re-establish contact with the CA in the event 
the call is disconnected;
    (v) In the event one or both legs of an emergency call are 
disconnected (i.e., either the call between the TRS user and the CA, or 
the outbound voice telephone call between the CA and the PSAP, 
designated statewide default answering point, or appropriate local 
emergency authority), immediately re-establish contact with the TRS 
user and/or the appropriate PSAP, designated statewide default 
answering point, or appropriate local emergency authority and resume 
handling the call; and
    (vi) Ensure that information obtained as a result of this section 
is limited to that needed to facilitate 911 services, is made available 
only to emergency call handlers and emergency response or law 
enforcement personnel, and is used for the sole purpose of ascertaining 
a user's location in an emergency situation or for other emergency or 
law enforcement purposes.
    (b) E911 Service for VRS and IP Relay.
    (1) Scope. The following requirements are only applicable to 
providers of VRS or IP Relay. Further, the following requirements apply 
only to 911 calls placed by users whose Registered Location is in a 
geographic area served by a Wireline E911 Network.
    (2) E911 Service. As of December 31, 2008:
    (i) VRS or IP Relay providers must, as a condition of providing 
service to a user, provide that user with E911 service as described in 
this section;
    (ii) VRS or IP Relay providers must transmit all 911 calls, as well 
as ANI, the caller's Registered Location, the name of the VRS or IP 
Relay provider, and the CA's identification number for each call, to 
the PSAP, designated statewide default answering point, or appropriate 
local emergency authority that serves the caller's Registered Location 
and that has been designated for telecommunications carriers pursuant 
to Sec.  64.3001 of this chapter, provided that ``all 911 calls'' is 
defined as ``any communication initiated by an VRS or IP Relay user 
dialing 911'';
    (iii) All 911 calls must be routed through the use of ANI and, if 
necessary, pseudo-ANI, via the dedicated Wireline E911 Network; and
    (iv) The Registered Location, the name of the VRS or IP Relay 
provider, and the CA's identification number must be available to the 
appropriate PSAP, designated statewide default answering point, or 
appropriate local emergency authority from or through the appropriate 
automatic location information (ALI) database.
    (3) Service Level Obligation. Notwithstanding the provisions in 
paragraph (b)(2) of this section, if a PSAP, designated statewide 
default answering point, or appropriate local emergency authority is 
not capable of receiving and processing either ANI or location 
information, a VRS or IP Relay provider need not provide such ANI or 
location information; however, nothing in this paragraph affects the 
obligation under paragraph (c) of this section of a VRS or IP Relay 
provider to transmit via the Wireline E911 Network all 911 calls to the 
PSAP, designated statewide default answering point, or appropriate 
local emergency authority that serves the caller's Registered Location 
and that has been designated for telecommunications carriers pursuant 
to Sec.  64.3001 of this chapter.
    (4) Registered Location Requirement. As of December 31, 2008, VRS 
and IP Relay providers must:
    (i) Obtain from each Registered Internet-based TRS User, prior to 
the initiation of service, the physical location at which the service 
will first be utilized; and
    (ii) If the VRS or IP Relay is capable of being used from more than 
one location, provide their Registered Internet-based TRS Users one or 
more methods of updating their Registered Location, including at least 
one option that requires use only of the CPE necessary to access the 
VRS or IP Relay. Any method utilized must allow a Registered Internet-
based TRS User to update the Registered Location at will and in a 
timely manner.

0
7. Section 64.611 is added to read as follows:


Sec.  64.611  Internet-Based TRS Registration.

    (a) Default Provider Registration. Every provider of VRS or IP 
Relay must, no later than December 31, 2008, provide users with the 
capability to register with that VRS or IP Relay provider as a 
``default provider.'' Upon a user's registration, the VRS or IP Relay 
provider shall:
    (1) Either:
    (i) Facilitate the user's valid number portability request as set 
forth in 47 CFR 52.34; or, if the user does not wish to port a number,
    (ii) Assign that user a geographically appropriate North American 
Numbering Plan telephone number; and
    (2) Route and deliver all of that user's inbound and outbound calls 
unless the user chooses to place a call with, or receives a call from, 
an alternate provider.
    (b) Mandatory Registration of New Users. As of December 31, 2008, 
VRS and IP Relay providers must, prior to the initiation of service for 
an individual that has not previously utilized VRS or IP Relay, 
register that new user as described in paragraph (a) of this section.
    (c) Obligations of Default Providers and Former Default Providers.
    (1) Default providers must:
    (i) Obtain current routing information, including IP addresses or 
domain names and user names, from their Registered Internet-based TRS 
Users;
    (ii) Provision such information to the TRS Numbering Directory; and
    (iii) Maintain such information in their internal databases and in 
the TRS Numbering Directory.
    (2) Internet-based TRS providers (and, to the extent necessary, 
their Numbering Partners) must:
    (i) Take such steps as are necessary to cease acquiring routing 
information from any VRS or IP Relay user that ports his or her number 
to another VRS or IP Relay provider or otherwise selects a new default 
provider;
    (ii) Communicate among themselves as necessary to ensure that:
    (A) Only the default provider provisions routing information to the 
central database; and
    (B) VRS and IP Relay providers other than the default provider are 
aware that they must query the TRS Numbering Directory in order to 
obtain accurate routing information for a particular user of VRS or IP 
Relay.
    (d) Proxy Numbers. After December 31, 2008, a VRS or IP Relay 
provider:
    (1) May not assign or issue a proxy or alias for a NANP telephone 
number to any user; and
    (2) Must cease to use any proxy or alias for a NANP telephone 
number assigned or issued to any Registered Internet-based TRS User.
    (e) CPE.
    (1) Every VRS or IP Relay provider must ensure that all CPE they 
have issued, leased, or otherwise provided to VRS or IP Relay users 
delivers routing information or other information only to the user's 
default provider, except as is necessary to complete or receive ``dial 
around'' calls on a case-by-case basis.
    (2) All CPE issued, leased, or otherwise provided to VRS or IP 
Relay users by Internet-based TRS providers must be capable of 
facilitating the requirements of this section.
    (f) User Notification. Every VRS or IP Relay provider must include 
an advisory on its website and in any promotional materials addressing

[[Page 41296]]

numbering or E911 services for VRS or IP Relay.
    (1) At a minimum, the advisory must address the following issues:
    (i) The process by which VRS or IP Relay users may obtain ten-digit 
telephone numbers, including a brief summary of the numbering 
assignment and administration processes adopted herein;
    (ii) The portability of ten-digit telephone numbers assigned to VRS 
or IP Relay users;
    (iii) The process by which persons using VRS or IP Relay may 
submit, update, and confirm receipt by the provider of their Registered 
Location information; and
    (iv) An explanation emphasizing the importance of maintaining 
accurate, up-to-date Registered Location information with the user's 
default provider in the event that the individual places an emergency 
call via an Internet-based relay service.
    (2) VRS and IP Relay providers must obtain and keep a record of 
affirmative acknowledgment by every Registered Internet-based TRS User 
of having received and understood the advisory described in this 
subsection.

0
8. Section 64.613 is added to read as follows:


Sec.  64.613  Numbering Directory for Internet-based TRS Users.

    (a) TRS Numbering Directory.
    (1) The TRS Numbering Directory shall contain records mapping the 
NANP telephone number of each Registered Internet-based TRS User to a 
unique Uniform Resource Identifier (URI).
    (2) For each record associated with a VRS user, the URI shall 
contain the user's Internet Protocol (IP) address. For each record 
associated with an IP Relay user, the URI shall contain the user's user 
name and domain name that can be subsequently resolved to reach the 
user.
    (3) Only the TRS Numbering Administrator and Internet-based TRS 
providers may access the TRS Numbering Directory.
    (b) Administration--(1) Neutrality. (i) The TRS Numbering 
Administrator shall be a non-governmental entity that is impartial and 
not an affiliate of any Internet-based TRS provider.
    (ii) Neither the TRS Numbering Administrator nor any affiliate may 
issue a majority of its debt to, nor derive a majority of its revenues 
from, any Internet-based TRS provider.
    (iii) Nor may the TRS Numbering Administrator nor any affiliate be 
unduly influenced, as determined by the North American Numbering 
Council, by parties with a vested interest in the outcome of TRS-
related numbering administration and activities.
    (iv) Any subcontractor that performs any function of the TRS 
Numbering Administrator must also meet these neutrality criteria.
    (2) Terms of Administration. The TRS Numbering Administrator shall 
administer the TRS Numbering Directory pursuant to the terms of its 
contract.
    (3) Compensation. The TRS Fund, as defined by 47 CFR 
64.604(a)(5)(iii), may compensate the TRS Numbering Administrator for 
the reasonable costs of administration pursuant to the terms of its 
contract.

[FR Doc. E8-16260 Filed 7-17-08; 8:45 am]
BILLING CODE 6712-01-P