[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