[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Rules and Regulations]
[Pages 47894-47896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22319]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket 03-123 and WC Docket No. 05-196; DA 09-1323]


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; extension of deadline.

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SUMMARY: In this document, the Commission via the Consumer and 
Governmental Affairs Bureau (Bureau) extends the registration deadline 
established in the Telecommunications Relay Services and Speech-to-
Speech Services for Individuals with Hearing and Speech Disabilities; 
E911 Requirements for IP-Enabled Service Providers, Second Report and 
Order and Order on Reconsideration (Second Internet-based TRS Order), 
during which Internet-based Telecommunications Relay Service (TRS) 
providers may continue to complete the non-emergency calls of 
unregistered users. This action is necessary because extending the 
deadline will ensure a more orderly transition to ten-digit numbering 
for

[[Page 47895]]

users of Internet-based TRS by allowing for additional time for 
outreach and educational activities, as well as time to address any 
unresolved technical issues associated with the transition.

DATES: Document DA 09-1323 became effective on June 15, 2009. The 
registration deadline for Internet-based TRS providers is extended 
until November 12, 2009.

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].

SUPPLEMENTARY INFORMATION: On December 19, 2008, the Commission 
released Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals with Hearing and Speech Disabilities; E911 
Requirements for IP-Enabled Service Providers, CG Docket No. 03-123 and 
WC Docket No. 05-196, Second Internet-based TRS Order, published at 73 
FR 79683, December 30, 2008, providing existing users of Internet-based 
TRS a three-month registration period followed by a three-month 
permissive calling period which is scheduled to end on June 30, 2009. 
This is a summary of document DA 09-1323, adopted and released June 15, 
2009.
    The full text of document DA 09-1323 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 09-1323 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. 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 09-1323 can also be 
downloaded in Word and Portable Document Format (PDF) at http://www.fcc.gov/cgb/dro/trs.html#orders.

Synopsis

Background

    1. In the First Internet-based TRS Order, the Commission adopted 
emergency call handling requirements for Internet-based TRS, 
specifically Video Relay Service (VRS) and Internet Protocol (IP) 
Relay, as well as a system for assigning users of VRS and IP Relay ten-
digit numbers linked to the North American Numbering Plan (NANP). 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123; 
E911 Requirements for IP-Enabled Service Providers, WC Docket No. 05-
196, Report and Order and Further Notice of Proposed Rulemaking, 23 FCC 
Rcd 11591 (June 24, 2008) (First Internet-based TRS Order); published 
at 73 FR 41286, July 18, 2008. The Bureau uses the term, ``Internet-
based TRS,'' herein to refer to both VRS and IP Relay, unless otherwise 
specified. See 47 CFR 601(a)(11), (13), (21), and (26) of the 
Commission's rules (defining various forms of TRS). Although IP 
captioned telephone service (IP CTS) is also an Internet-based form of 
TRS, as noted in the First Internet-based TRS Order, the Commission has 
determined to address any issues relating to IP CTS, if appropriate, in 
a separate order because IP CTS raises distinct technical and 
regulatory issues. See First Internet-based TRS Order, 23 FCC Rcd at 
11592, paragraph 1, note 5 (deferring action on IP CTS), see also 23 
FCC Rcd at 11594, note 15 (describing captioned telephone service and 
IP CTS).
    2. The Commission required Internet-based TRS providers to offer 
individuals using their service the capability to register with a 
``default provider,'' and to begin assigning ten-digit, NANP telephone 
numbers to their registered users no later than December 31, 2008. The 
Commission explained that mandatory registration and the assignment of 
NANP telephone numbers would yield important benefits, including 
facilitating the effective provision of 911 service. The Commission 
required Internet-based TRS providers to obtain registration 
information from all new users and to assign all new users a NANP 
telephone number. See 47 CFR 64.611(b) of the Commission's rules 
(requiring mandatory registration of new users). The Commission defined 
a ``new'' user as an individual who ``has not previously utilized VRS 
or IP Relay[.]'' Existing users would also have to be registered. 
Recognizing that not every existing Internet-based TRS user would 
immediately register with a default provider, however, the Commission 
decided to implement a longer registration period for the existing base 
of users to migrate to the new ten-digit numbering plan.
    3. In the Second Internet-based TRS Order, the Commission provided 
existing users a three-month ``registration period'' followed by a 
three-month ``permissive calling period'' which is scheduled to end on 
June 30, 2009. During the permissive calling period, Internet-based TRS 
providers may continue to carry non-emergency calls for unregistered 
users. At the conclusion of the permissive calling period, however, 
providers must register any unregistered user before completing a non-
emergency VRS or IP Relay call.
    4. On April 29, 2009, a group representing a majority of the 
Internet-based TRS providers filed the Joint Petition seeking to 
postpone the June 30, 2009, Internet-based TRS registration deadline. 
See Petition to Extend Relay Registration Deadline, CG Docket No. 03-
123 and WC Docket No. 05-196 (filed April 29, 2009) (Joint Petition). 
The Joint Petition was filed by AT&T, Inc. CAC, CSDVRS, LLC, Hamilton 
Relay, Inc., Purple Communications, Inc., Snap Telecommunications, 
Inc., Sprint Nextel Corporation, and Viable, Inc. Asserting that a 
large percentage of existing Internet-based TRS users remain 
unregistered due to consumer confusion, the petitioners urge the 
Commission to extend the deadline ``indefinitely'' until certain 
milestones are adequately satisfied. Joint Petition at 9. Although 
``reluctant to suggest the exact deadline,'' the petitioners suggested 
a ``goal'' of December 31, 2009. Joint Petition at 9.
    5. The petitioners identify four ``milestones'' they believe should 
be achieved before the permissive calling period is allowed to end: (1) 
Implementation of a reverse look-up function that would automatically 
verify whether a caller is registered; (2) implementation of ``an 
extensive public education and outreach campaign;'' (3) resolution of 
concerns about the assignment of geographically appropriate phone 
numbers; and (4) resolution of equipment portability issues. Joint 
Petition at 10-11.
    6. Sorenson Communications, Inc., filed an ex parte letter in 
response to the Joint Petition. See Letter from Gil M. Strobel, 
Sorenson Communications, Inc., to Marlene H. Dortch (dated May 12, 
2009). While Sorenson does not expressly ask the Commission to deny the 
petition, Sorenson does express the view that an extension is not 
needed, and states its concern about the open-ended nature of the 
petitioners' request.

[[Page 47896]]

Discussion

    7. The Bureau finds good cause to extend the June 30, 2009 
registration deadline established in the Second Internet-based TRS 
Order and, therefore, the Bureau extends until November 12, 2009, the 
date after which VRS and IP Relay providers must stop completing non-
emergency calls for unregistered users. The Bureau concludes that 
extending the deadline will ensure a more orderly transition to ten-
digit numbering for users of Internet-based TRS. In particular, the 
Bureau is concerned that, despite the outreach and consumer education 
efforts already undertaken by the Commission and the Internet-based TRS 
providers, many users may remain uncertain about how the ten-digit 
numbering and E911 requirements will affect their use of Internet-based 
TRS and their rights and responsibilities under the new rules. See, 
e.g., Joint Petition at 6-9 (discussing several areas of customer 
confusion concerning the use of toll-free numbers, equipment and number 
porting, and misconceptions about the use of a single number for 
multiple services).
    8. In addition, the Bureau has received recent data from some 
providers indicating that a majority of calls presently handled are not 
being made via a new ten-digit number. See, e.g., CSDVRS Ex parte 
letter, CG Docket No. 03-123 (June 11, 2009); Hamilton Relay, Inc. Ex 
parte letter, CG Docket No. 03-123, WC Docket No. 05-196 (June 11, 
2009). Extending the end of the permissive calling period until 
November 12, 2009 will enable the Commission, as well as the providers, 
to conduct additional outreach and education addressing particular 
consumer concerns associated with the transition to ten-digit numbering 
for Internet-based TRS. And to the extent that there are technical 
concerns, as petitioners suggest, this additional time will allow them 
to be addressed.
    9. The Bureau is not, however, persuaded that it should extend the 
June 30th deadline indefinitely, as petitioners request. As Sorenson 
notes in its ex parte filing, registering users for ten-digit numbers 
``is critical for public safety.'' Sorenson Letter (May 12, 2009) at 4. 
In the Second Internet-Based TRS Order, the Commission found that 
``mandatory registration is critical to the effective handling of 911 
calls.'' An indefinite delay in implementation would come at the 
expense of enhanced emergency services for Internet-based TRS users. 
The Bureau believes that the extension granted here reasonably balances 
the concerns raised in the Joint Petition against the public safety 
implications of further delay.

Ordering Clauses

    Pursuant to the authority contained in sections 4(i) and 225 of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 225, and 
Sec. Sec.  0.141, 0.361, and 1.3 of the Commission's rules, 47 CFR 
0.141, 0.361, 1.3, document DA 09-1323 is adopted.
    The June 30, 2009 Internet-based TRS registration deadline is 
extended until November 12, 2009. The Petition to Extend Relay 
Registration Deadline, filed by AT&T, Inc., CAC, CSDVRS, LLC, Hamilton 
Relay, Inc., Purple Communications, Inc., Snap Telecommunications, 
Inc., Sprint Nextel Corporation, and Viable, Inc. on April 29, 2009 is 
granted, in part, and denied, in part, to the extent described herein.

Federal Communications Commission.
Mark Stone,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. E9-22319 Filed 9-17-09; 8:45 am]
BILLING CODE 6712-01-P