[Federal Register Volume 73, Number 151 (Tuesday, August 5, 2008)]
[Rules and Regulations]
[Pages 45354-45355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17919]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 03-123; DA 08-1589]


Consumer and Governmental Affairs Bureau Clarifies the 
Transferability of Telecommunications Relay Service (TRS) Provider 
Certification

AGENCY: Federal Communications Commission.

ACTION: Clarification.

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SUMMARY: In this document, the Consumer and Governmental Affairs Bureau 
(Bureau) responds to requests for guidance concerning the 
transferability of Commission certification of Internet-based TRS 
providers as eligible for compensation from the Interstate TRS Fund 
(Fund). The Bureau clarifies that such certification is not 
transferable.

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and 
Governmental Affairs Bureau, Disability Rights Office at (800) 311-4381 
(voice), (202) 418-0431 (TTY), or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document DA 08-1589, released July 3, 2008 in CG Docket No. 03-123. The 
full text of document DA 08-1589 and copies of any subsequently filed 
documents in this matter will be available for public inspection and 
copying during regular business hours at the FCC Reference Information 
Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554. Document DA 08-1589 and copies of subsequently filed documents 
in this matter also may be purchased from the Commission's duplicating 
contractor at

[[Page 45355]]

Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. 
Customers may contact the Commission's duplicating contractor at its 
Web site http://www.bcpiweb.com or by calling 1-800-378-3160. To 
request materials in accessible formats for people with disabilities 
(Braille, large print, electronic files, audio format), send an e-mail 
to [email protected] or call the Consumer and Governmental Affairs Bureau 
at (202) 418-0530 (voice) or (202) 418-0432 (TTY). Document DA 08-1589 
also can be downloaded in Word or Portable Document Format (PDF) at: 
http://www.fcc.gov/cgb/dro/trs.html#orders.

Synopsis

    There are several forms of TRS, including three that are Internet-
based TRS: Video Relay Service (VRS), Internet Protocol (IP) Relay (IP 
Relay), and IP captioned telephone service (IP CTS). The Bureau has 
received requests for guidance concerning the transferability of 
Commission certification of Internet-based TRS providers as eligible 
for compensation from the Fund, pursuant to the provider certification 
rules contained in 47 CFR 64.606 (as redesignated at 73 FR 21259, Apr. 
21, 2008). The Bureau clarifies that such certification is not 
transferable. Therefore, in the event that an entity not certified 
pursuant to 47 CFR 64.606 purchases, acquires, or merges with another 
TRS provider, the acquiring or surviving provider must be certified 
under 47 CFR 64.606 (or otherwise eligible for compensation from the 
Fund) before it can receive payments from the Fund. Because the 
Commission certifies providers based on the attestations of their 
owners or their representatives, who are ultimately responsible for 
compliance with the Commission's rules, the certification of a provider 
does not automatically transfer to new owners.
    On the other hand, if an entity that is certified pursuant to 47 
CFR 64.606 purchases, acquires, or merges with another TRS provider, 
the acquiring or surviving provider need only notify the Commission of 
the change in its TRS program and provision of service within 60 days 
pursuant to 47 CFR 64.606(f)(2). Under this rule, the acquiring or 
surviving company must notify the Commission of the changes to its 
program and provision of service that result from the acquisition and 
``must certify that the interstate TRS provider continues to meet 
federal minimum standards.'' To meet the latter requirement, the 
provider may either certify that the responses provided in its initial 
certification application upon which the Commission based certification 
remain accurate, or describe any changes and certify their compliance 
with the Commission's rules.

Federal Communications Commission.
Nicole McGinnis,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. E8-17919 Filed 8-4-08; 8:45 am]
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