[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Proposed Rules]
[Pages 47120-47122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18616]



[[Page 47120]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 03-123 and 08-15; FCC 08-149]


Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities; Speech-to-Speech 
and Internet Protocol (IP) Speech-to-Speech Telecommunications Relay 
Services

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission seeks comment on ways to 
improve the provision of Speech-to-Speech (STS), including, for 
example, whether to modify the minimum time period a Communications 
Assistant (CA) should be required to stay on a call, and ways to 
improve outreach associated with STS. The Commission also seeks comment 
on the tentative conclusion that Internet Protocol STS (IP STS) is a 
form of telecommunications relay service (TRS) eligible for 
compensation from the Interstate TRS Fund and related issues relevant 
to the provision, regulation, and compensation of IP STS. These issues 
include the appropriate compensation rate for IP STS, and whether it 
should be compensated at the same rate as STS.

DATES: Comments are due on or before September 12, 2008. Reply comments 
are due on or before September 29, 2008.

ADDRESSES: Interested parties may submit comments identified by FCC 08-
149, by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS), through the Commission's Web site: http://www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on 
the Web site for submitting comments. For ECFS filers, in completing 
the transmittal screen, filers should include their full name, U.S. 
Postal service mailing address, and CG Docket Nos. 03-123 and 08-15. 
Parties also may submit an electronic comment by Internet e-mail. To 
get filing instructions, filers should send an e-mail to [email protected], 
and include the following words in the body of the message, ``get form 
.'' A sample form and directions will be sent in 
response.
     Paper filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although the 
Commission continues to experience delays in receiving U.S. Postal 
Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial Mail sent by overnight mail (other than U.S. 
Postal Service Express Mail and Priority Mail) must be sent to 9300 
East Hampton Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
    Parties who choose to file by paper should also submit their 
comments on compact disc. The compact disc should be submitted, along 
with three paper copies, to: Dana Wilson, Consumer and Governmental 
Affairs Bureau, Disability Rights Office, 445 12th Street, SW., Room 3-
C418, Washington, DC 20554. Such submission should be on a compact disc 
formatted in an IBM compatible format using Word 2003 or a compatible 
software. The compact disc should be accompanied by a cover letter and 
should be submitted in ``read only'' mode. The compact disc should be 
clearly labeled with the commenter's name, proceeding (CG Docket Nos. 
03-123 and 08-15), type of pleading (comment or reply comment), date of 
submission, and the name of the electronic file on the compact disc. 
The label also should include the following phrase: ``CD-Rom Copy--Not 
an Original.'' Each compact disc should contain only one party's 
pleadings, preferably in a single electronic file. In addition, 
commenters filing by paper must send a compact disc copy to the 
Commission's duplicating contractor at Portals II, 445 12th Street, 
SW., Room CY-B402, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and 
Governmental Affairs Bureau, Disability Rights Office at (800) 311-4381 
(voice) or e-mail at [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; Speech-to-Speech 
Services and Internet Protocol (IP) Speech-to-Speech Telecommunications 
Relay Service, Notice of Proposed Rulemaking (STS and IP STS NPRM), 
document FCC 08-149, adopted June 11, 2008, and released June 24, 2008, 
in CG Docket Nos. 03-123 and 08-15, seeking comment on matters 
concerning the provision of STS and IP STS. The full text of FCC 08-149 
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 08-149 and copies 
of subsequently filed documents in this matter may also be purchased 
from the Commission's duplicating contractor at Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554. Customers may contact 
the Commission's duplicating contractor at its Web site, http://www.bcpiweb.com, or by calling 1-800-378-3160. FCC 08-149 can also be 
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro/trs.html.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY).

Initial Paperwork Reduction Act of 1995 Analysis

    This document does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden ``for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Synopsis

    1. STS is a form of TRS that allows persons with speech 
disabilities access to the telephone system by employing specially 
trained CAs to understand the speech patterns of an STS user and to re-
voice the words spoken by the STS

[[Page 47121]]

user to the other party of the call. Common carriers obligated to 
provide TRS are required to also provide STS. IP STS is a proposed form 
of TRS that functions similar to STS in which the STS user would 
connect to the CA over the Internet instead of the Public Switched 
Telephone Network (PSTN). The Commission seeks comments on issues 
related to STS and IP STS.
    2. STS Issues. The Commission's rules require that STS must be 
accessible by dialing 711, the nationwide three-digit number for TRS. 
Also, the Commission's rules require that each CA must remain on an STS 
call session for a minimum of 15 minutes before transferring the call 
to another CA because changing CAs can be particularly disruptive to 
users with speech disabilities.
    3. On June 26, 2006, Bob Segalman and Rebecca Ladew filed a 
petition requesting that the Commission amend its rules to require an 
STS CA to stay with the call for a minimum of 20 minutes rather than 15 
minutes, and to require that the 20-minute period not commence until 
``effective'' communication begins between the STS user and the CA. In 
addition, the Commission received reports that some STS providers offer 
the STS user the option to have his or her voice muted so that the 
other party of the call only hears the CA re-voicing the call which is 
the preferred option among some STS users. The Commission also received 
reports from some STS users that they have been disconnected after 
dialing 711 when the CA attempts to transfer the caller to an STS CA.
    4. The Commission therefore seeks comment on: (1) Whether to extend 
the 15-minute call duration rule to 20 minutes or another length of 
time; (2) whether that time period should commence running when 
``effective'' communication occurs between the STS CA and the STS user; 
(3) how to determine when ``effective'' communication begins; and (4) 
what alternative approaches or requirements the Commission should adopt 
to ensure the efficiency of STS calls.
    5. The Commission also seeks comment on whether the Commission 
should require STS providers to offer the STS user the option to have 
his or her voice muted. Further, the Commission seeks comments on the 
scope of the problem concerning 711 dialing and on ways to ensure that 
STS users dialing 711 can promptly reach an STS CA, including by using 
prompts or interactive menus.
    6. Internet Protocol Speech-to-Speech. On December 21, 2007, Hawk 
Relay filed a request for clarification that IP STS is a form of TRS 
eligible for compensable from the Interstate TRS Fund. Hawk Relay 
describes IP STS as a type of STS that uses the Internet, rather than 
the PSTN. Hawk Relay asserts that IP STS offers certain benefits over 
traditional STS, including portability and ease of use, and that IP STS 
will spur TRS competition and innovation. The request was placed on 
Public Notice. Consumer and Governmental Affairs Seeks Comment on 
Request for Clarification that Internet Protocol Speech-to-Speech 
Service is a Form of Telecommunications Relay Service Compensable from 
the Interstate TRS Fund, CG Docket No. 08-15, Public Notice, DA 08-292; 
published at 73 FR 1649, April 7, 2008. Commenters in response to the 
Public Notice support the request that the Commission recognize IP STS 
as a form of TRS compensable from the Fund.
    7. The Commission seeks comment on the following tentative 
conclusions regarding the proposed IP STS service that: (1) IP STS is a 
form of TRS because it is an extension of traditional STS which employs 
an Internet connection between the STS user and the CA; (2) all IP STS 
calls may be compensated from the Fund if provided in compliance with 
the Commission's rules, and at the same rate as STS; and (3) a common 
carrier desiring to provide IP STS may seek Commission certification in 
order to be eligible for compensation from the Interstate TRS Fund.
    8. The Commission also seeks comment on its tentative conclusions 
that IP STS providers need not meet certain TRS requirements regarding: 
(1) CA's competency skills in typing and spelling; (2) the handling of 
calls in ASCII and Baudot formats; (3) call release functionality; (4) 
Hearing Carry Over (HCO) and Voice Carry Over (VCO) services; (5) equal 
access to interexchange carriers; (6) pay-per-call (900) service; (7) 
speed dialing; and (8) outbound 711 dialing.
    9. Finally, the Commission seeks comment on the emergency call 
handling rules that should apply to IP STS. Relatedly, the Commission 
asks whether IP STS users should be required to obtain a ten-digit 
North American Numbering Plan (NANP) telephone number.
    10. Outreach. In response to concerns that STS outreach efforts in 
identifying and reaching out to potential STS users have not been 
adequate because of low intrastate compensation rates, the Commission 
seeks comment on: (1) Whether the Commission may require individual 
states to increase intrastate STS rates; (2) what other steps the 
Commission should take to ensure that all STS providers receive 
sufficient compensation to engage in effective outreach to inform new 
potential users; (3) what specific outreach efforts may extend the 
reach of STS (and IP STS, if applicable) to new users; and (4) whether 
the Commission should mandate such efforts. The Commission particularly 
asks whether the Commission has the authority to require individual 
states to increase the compensation rates paid for intrastate STS.
    11. One Nationwide STS Provider. A commenter has suggested that it 
might be appropriate to have a single, nationwide STS provider offer 
both interstate and intrastate TRS services due to the low usage of 
these services. The Commission seeks comment on this suggestion and 
whether the Commission has the authority to mandate such an approach 
given that Section 225 of the Communications Act, places the obligation 
on states to oversee the provision of intrastate TRS.

Initial Regulatory Flexibility Certification

    12. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that an initial regulatory flexibility analysis be prepared 
for notice-and-comment 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.'' The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. A ``small business concern'' is one that: (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).
    13. In the STS and IP STS NPRM, the Commission seeks comment on 
issues concerning the provision of STS and IP STS. The Commission 
proposes requiring an STS CA to stay with the call for a minimum of 20 
minutes, rather that the present minimum of 15 minutes, in order to 
ensure the effective and efficient relaying of STS calls.
    14. The Commission also proposes amending its TRS rules to require 
that STS providers offer the STS user the option of having her or his 
voice muted so that the other party to the call would only hear the STS 
CA re-voicing the call, not the voice of the STS user as well. In the 
STS and IP STS NPRM, the

[[Page 47122]]

Commission proposes that the STS provider should be required to utilize 
an interactive menu that provides an option for reaching an STS CA in 
order to ensure that STS users calling 711 will promptly reach an STS 
CA to handle their calls. For instance, after an STS caller dials 711 
and reaches the provider, the caller would reach an STS CA by pressing 
one additional number on the telephone. Finally, the Commission invites 
comment on its tentative conclusion that IP STS is a form of TRS 
eligible for compensation from the Interstate TRS Fund.
    15. The Commission concludes that these proposed changes may be 
necessary to improve the effectiveness and quality of STS and IP STS 
services so that users may receive a functionally equivalent telephone 
service, as mandated by Title IV of the Americans With Disabilities 
Act.
    16. The Commission believes that none of these proposed changes 
would impose a significant burden on providers, including small 
businesses. However, if the proposed changes may result in additional 
financial burden on the part of the affected providers, including small 
entities, the providers will be promptly reimbursed from the Interstate 
TRS Fund for the costs of complying with the proposed rules, if 
adopted. Entities, especially small businesses, are encouraged to 
quantify the costs and benefits of any reporting requirement that may 
be established in this proceeding.
    17. The modifications the Commission proposes consist of policies 
aimed at achieving a functionally equivalent telephone service for TRS 
users and are not expected to have a substantial economic impact upon 
providers, including small businesses, because each small business will 
receive financial compensation for reasonable costs incurred rather 
than absorb an uncompensated financial loss or hardship.
    18. With regard to whether a substantial number of small entities 
may be affected by the requirements proposed in the STS and IP STS 
NPRM, the Commission notes that, of the 7 providers affected by the STS 
and IP STS NPRM, only one meets 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. Seven providers currently receive 
compensation from the Interstate TRS Fund for providing STS: AT&T 
Corp.; GoAmerica, Inc.; Hamilton Relay, Inc.; Nordia Inc.; Kansas Relay 
Service, Inc.; State of Michigan and Sprint. Because only one of the 
providers would be affected by the STS and IP STS NPRM, if adopted, is 
deemed to be small entities under the SBA's small business size 
standard, the Commission concludes that the number of small entities 
potentially affected by the Commission's proposed rules in the STS and 
IP STS NPRM is not substantial.
    19. Moreover, given that all providers potentially affected by the 
proposed rules, including the one that is deemed to be a small entity 
under the SBA's standard, would be entitled to receive prompt 
reimbursement for its reasonable costs of compliance, the Commission 
concludes that the STS and IP STS NPRM, if adopted, will not have a 
significant economic impact on small entities.
    20. Therefore, the Commission certifies that the proposals in the 
STS and IP STS NPRM, if adopted, will not have a significant economic 
impact on a substantial number of small entities.

Ordering Clauses

    Pursuant to sections 1, 4(i) and (o), 225, 255, 303(r), 403, 
624(g), and 706 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 154(i) and (o), 225, 255, 303(r), 403, 554(g), and 606, the 
Notice of Proposed Rulemaking is adopted.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Certification, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E8-18616 Filed 8-12-08; 8:45 am]
BILLING CODE 6712-01-P