[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Rules and Regulations]
[Pages 54913-54915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25690]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 03-123; DA 08-2808]


Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Final rule; extension of waiver.

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SUMMARY: In this document, the Consumer and Governmental Affairs Bureau 
(Bureau) extends for an additional year waivers of certain 
Telecommunications Relay Services (TRS) mandatory minimum standards for 
Video Relay Service (VRS) and Internet Protocol Relay (IP Relay). The 
waived TRS mandatory minimum standards are: One-line voice carry over 
(VCO); VCO-to-teletypewriter (TTY); VCO-to-VCO; one-line hearing carry 
over (HCO); HCO-to-TTY; HCO-to-HCO; call release; pay-per-call (900) 
calls; types of calls; equal access to interexchange carriers; and 
speech-to-speech (STS). Also, in this document, the Bureau grants a 
limited extension of the waiver of the speed dialing requirement for IP 
Relay. The Bureau extends the waivers for one year (four months in the 
case of speed dialing for IP Relay) because the record demonstrates 
that it is technologically infeasible for VRS and IP Relay providers to 
offer these services at this time.

DATES: The waivers of certain TRS mandatory minimum standards for VRS 
and IP Relay will expire on January 1, 2010, except the limited 
extension of the wavier of the speed dialing requirement for IP Relay, 
which expired on May 1, 2009.

ADDRESSES: Parties may submit documentation related to the waivers, 
identified by [CG Docket No. 03-123 and/or DA 08-2808], by mail, to: 
Dana Wilson, Consumer and Governmental Affairs Bureau, Disability 
Rights Office, 445 12th Street, SW., Room 3-C418, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and 
Governmental Affairs Bureau, Disability Rights Office at (866) 954-4053 
(voice), (202) 418-0431 (TTY), or e-mail [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Bureau Order, 
document DA 08-2808, adopted and released on December 24, 2008, 
extending certain waivers of TRS mandatory minimum standards to January 
1, 2010, and extending waiver of the speed dialing requirement for IP 
Relay until May 1, 2009. The full text of document DA 08-2808, 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 08-2808, 
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 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 08-2808 also can be 
downloaded in Word and Portable Document Format (PDF) at http://www.fcc.gov/cgb/dro/trs.html.

Synopsis

    1. The Commission, in various orders, has waived several TRS 
mandatory minimum standards for VRS and IP Relay either because, as 
Internet-based services, it is not technologically feasible to meet the 
requirement or, in the case of VRS, because VRS is a video-based 
service and the communication is via sign language and not text. Most 
recently, in the 2007 TRS Waiver Order, the Commission extended certain 
waivers until January 1, 2009. See Telecommunications Relay Services 
and Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CG Docket No. 03-123, Order, adopted and released on 
December 26, 2007, published at 73 FR 9031, February 19, 2008 (2007 TRS 
Waiver Order). These waivers were conditioned on the filing of annual 
reports, due April 16, 2008, addressing whether it was necessary for 
the waivers to remain in effect. All VRS and IP Relay providers have 
filed reports detailing their progress in meeting the waived 
requirements. The Bureau reviewed these reports in reaching the 
conclusions below.
    2. One-line VCO, VCO-to-TTY, and VCO-to-VCO. VCO is a type of 
traditional TTY-based TRS that can be used by persons with a hearing 
disability but who can speak. See 47 CFR 64.601(27); 47 CFR 
64.604(a)(3)(v). The Commission waived these requirements for IP Relay 
providers because the voice leg of a VCO call could not be supported 
over the Internet. The Commission similarly waived these requirements 
for VRS. The Bureau extends the waivers of these requirements for one 
year. The Bureau notes that the April 16, 2008 waiver reports reflected 
that VRS and IP Relay providers cannot provide these services because 
the Internet cannot support the voice leg of a VCO call with the 
necessary call quality. These waivers were again conditioned on the 
filing of reports, due April 16, 2009, addressing whether it is 
necessary for the waivers to remain in effect.
    3. One-line HCO, HCO-to-TTY, and HCO-to-HCO. One-line HCO is a type 
of traditional TTY-based TRS that can be used by persons with a speech 
disability but who can hear. See 47 CFR 64.604(9); 47 CFR 
64.604(a)(3)(v). For the same reason the Commission waived the VCO 
requirements for IP Relay, it did so with respect to the HCO 
requirements. The Commission similarly waived these requirements for 
VRS. Consistent with the Bureau's treatment of VCO, and for the same 
reasons, the Bureau extends the waivers of these requirements for one 
year. The Bureau also notes that the April 16, 2008 waiver reports 
reflected that VRS and IP Relay providers could not provide these 
services. These waivers were also conditioned on the filing of reports, 
due April 16, 2009, addressing whether it is necessary for the waivers 
to remain in effect.

[[Page 54914]]

    4. Call Release. Call release allows a communications assistant 
(CA) to set up a TTY-to-TTY call that, once established, does not 
require the CA to relay the conversation. See 47 CFR 64.604(a)(3)(vi). 
The Commission waived this requirement for VRS and IP Relay. The Bureau 
extends the waivers of this requirement for one year due to 
technological infeasibility. This conclusion is supported by the 
providers' April 16, 2008 waiver reports, which reflect that the 
Internet leg of the call (via video or text) cannot support call 
release functionality. These waivers were also conditioned on the 
filing of reports, due April 16, 2009, addressing whether it is 
necessary for the waivers to remain in effect.
    5. Pay-Per-Call (900) calls. Pay-per-call (900) calls are calls 
that the person making the call pays for at a charge greater than the 
basic cost of the call. See 47 CFR 64.604(a)(3)(iv). The Commission 
waived this requirement for VRS and IP Relay. The Bureau extends the 
waivers of this requirement for VRS and IP Relay for one year. The 
providers' April 16, 2008 waiver reports reflected that there was still 
no billing mechanism available to handle the charges associated with 
pay-per-calls. These waivers were also conditioned on the filing of 
reports, due April 16, 2009, addressing whether it is necessary for the 
waivers to remain in effect.
    6. Types of Calls (Operated Assisted Calls and Long Distance 
Calls). Commission rules require TRS providers to handle any type of 
call normally handled by common carriers. See 47 CFR 64.604(a)(3). The 
requirement that VRS providers offer operator-assisted calls and bill 
certain types of calls to the end user has been waived because it was 
not possible to determine if a VRS call is local or long distance. The 
providers' April 16, 2008 waiver reports reflected that it remained 
technologically infeasible for VRS providers to offer operator-assisted 
calls and to bill for certain types of long distance calls because one 
leg of the VRS call is transmitted over the Internet. Based on the 
record, the Bureau therefore extends waivers of this requirement for 
VRS for one year as long as providers allow calls to be placed using 
calling cards and/or provide free long distance calls. This waiver was 
also conditioned on the filing of a report, due April 16, 2009, 
addressing whether it is necessary for the waiver to remain in effect. 
Although this issue has not been raised, the Bureau understands that IP 
Relay providers, for the same reasons as VRS providers, cannot provide 
there services. Therefore, to avoid any future uncertainty or 
compliance issues, the Bureau waives on its own motion this requirement 
for IP Relay as long as the providers allow calls to be placed using 
calling cards and/or to provide free long distance calls. The Bureau 
notes, however, that with the advent of ten-digit numbering for VRS and 
IP Relay, which became effective December 31, 2008, providers will be 
able to determine the geographic location of both parties to the call. 
Therefore, in their April 2009 waiver report, providers were to 
specifically address the effect of the numbering and registered 
location requirements on the continued need for this waiver.
    7. Equal Access to Interexchange Carriers. The TRS rules require 
that providers offer TRS users their interexchange carrier of choice to 
the same extent that such access is provided to voice users. See 47 CFR 
64.604(b)(3). The Commission has waived this requirement for VRS 
providers, noting that it was not possible to determine if a call is 
long distance and, in any event, the providers could not automatically 
route the calls to the caller's long distance carrier of choice. The 
Commission also noted that this waiver was contingent on VRS providers 
providing long distance services free of charge to the caller. The 
Commission waived this requirement for IP Relay indefinitely.
    8. The providers' April 16, 2008 waiver reports again reflected 
that because they cannot determine whether a particular call is local 
or long distance, they cannot offer carrier of choice but instead do 
not charge consumers for long distance. Based on the record, the Bureau 
therefore extends this waiver for VRS for one year as long as the 
providers provide free long distance calls. This waiver was also 
conditioned on the filing of a report, due April 16, 2009, addressing 
whether it is necessary for the waiver to remain in effect. Again, 
however, as noted above, providers were to specifically address the 
effect of the numbering and registered location requirements on the 
continuing need for this waiver.
    9. Speech-to-Speech. In 2000, the Commission recognized STS as a 
form of TRS and required that it be offered as a mandatory service. The 
Commission waived this requirement indefinitely for VRS, noting that 
STS is speech-based service, whereas VRS is a visual service using 
interpreters to interpret in sign language over a video connection. The 
requirement for IP Relay was waived until January 1, 2009, because of 
the technical difficulties with respect to voice-initiated calls and 
the Internet. The Bureau extends the waiver of this requirement for IP 
Relay for one year. Providers continued to report that this service, 
like the VCO and HCO services, cannot be provided via IP Relay because 
of erratic voice quality. The waiver was also conditioned on the filing 
of a report, due April 16, 2009, addressing whether it is necessary for 
the waiver to remain in effect.
    10. Speed Dialing. Speed dialing allows a TRS user to give the CA a 
``short-hand'' name or number (e.g., ``call Mom'') for the user's most 
frequently called telephone numbers. See 47 CFR 64.604(a)(3)(vi). This 
feature permits a person making a TRS call through a CA to place the 
call without having to remember or locate the number he or she desires 
to call. The Commission waived this requirement for IP Relay. The 
waiver of the speed dialing requirement for VRS expired on April 30, 
2008. See Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals with Hearing and Speech Disabilities, CG 
Docket No. 03-123, Order, adopted and released on January 8, 2008, 
published at 73 FR 9031, February 19, 2008.
    11. Based on the record, the Bureau granted a limited extension of 
this requirement for IP Relay until April 30, 2009. The record 
indicated that all IP Relay providers except AT&T are offering speed 
dialing. In November 2008, AT&T filed a request to extend this waiver 
for 90 days, noting that it has recently ``upgraded'' its service 
``from a web-based service to an IM-based service,'' and is phasing out 
use of its web-based IP Relay service that lacks a speed dialing 
feature. AT&T therefore requested a waiver of the speed dialing feature 
``solely [for] its web-based IP Relay service through March 31, 2009, 
at which time AT&T will have ceased providing the service.'' AT&T 
asserted that granting the limited waiver is in the public interest, as 
it allows existing users of its web-based service a reasonable 
timeframe to migrate to other types of IP Relay services that offer a 
speed dialing feature, such as AT&T's IM-based IP Relay service. The 
Bureau agreed that, in these circumstances, a limited 90 day extension 
of the waiver of the speed dialing requirement for AT&T's Web-based IP 
Relay service was appropriate. For this reason, the Bureau granted 
AT&T's request for an extension of this waiver through April 30, 2009. 
After that date, all IP Relay providers must offer this feature.

Ordering Clauses

    12. Pursuant to section 225 of the Communications Act of 1934, as 
amended, 47 U.S.C. 225, and Sec. Sec.  0.141,

[[Page 54915]]

0.361, and 1.3 of the Commission's rules, 47 CFR 0.141, 0.361, and 1.3, 
document DA 08-2808 is adopted.
    13. For VRS, the waivers of the one-line VCO, VCO-to-TTY, and VCO-
to-VCO; one-line HCO, HCO-to-TTY, and HCO-to-HCO; call release; pay-
per-call (900) calls, types of calls, and equal access to interexchange 
carrier requirements are hereby extended for one year, until January 1, 
2010, conditioned on the filing of a report, due April 16, 2009, 
addressing whether it is necessary for the waivers to remain in effect.
    14. For IP Relay, the waivers of the one-line VCO, VCO-to-TTY, and 
VCO-to-VCO; one-line HCO, HCO-to-TTY, and HCO-to-HCO; call release; 
pay-per-call (900) calls; and STS requirements are hereby extended for 
one year until January 1, 2010, conditioned on the filing of a report, 
due April 16, 2009, addressing whether it is necessary for the waivers 
to remain in effect. The waiver of the speed dialing requirement for IP 
Relay is extended until May 1, 2009.
    15. AT&T's Request for Extension of Waiver is granted.

Federal Communications Commission.
Mark Stone,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. E9-25690 Filed 10-23-09; 8:45 am]
BILLING CODE 6712-01-P