[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39859-39860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17073]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 10-51; FCC 10-88]


Structure and Practices of the Video Relay Service Program

AGENCY: Federal Communications Commission.

ACTION: Interim rule.

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SUMMARY: In this document, the Commission adopts an interim rule 
addressing the certification of provider information for 
Telecommunications Relay Services (TRS) calls. By requiring providers 
to be more accountable for their submissions, the Commission takes 
necessary, affirmative steps to preserve the Interstate TRS Fund 
(Fund).

DATES: Effective July 13, 2010, except for the amendment to 47 CFR 
64.604 (c)(5)(iii)(I), which contains new information collection 
requirements subject to the Paperwork Reduction Act (PRA) that have not 
been approved by the Office of Management and Budget (OMB). Written 
comments by the public on the new information collections are due 
September 13, 2010. The Commission will publish a document in the 
Federal Register announcing the effective date of these requirements.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collection 
requirements contained herein should be submitted to Cathy Williams, 
Federal Communications Commission via e-mail at [email protected] and 
[email protected], and to Nicholas A. Fraser, Office of Management 
and Budget, via fax at (202) 395-5167, or via e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and 
Governmental Affairs Bureau at (202) 559-5158 (VP), or e-mail: 
[email protected]. For additional information concerning the 
information collection requirements contained in this document, contact 
Cathy Williams at (202) 418-2918, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Structure and Practices of the Video Relay Service Program, Order, 
document FCC 10-88, adopted May 24, 2010, and released May 27, 2010, in 
CG Docket No. 10-51. Simultaneously with the Order, the Commission also 
issued a Declaratory Ruling and Notice of Proposed Rulemaking in CG 
Docket No. 10-51.
    The full text of document FCC 10-88 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 FCC 10-88 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 (such as Braille, large print, electronic files, or 
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 10-88 can be also downloaded in Word and 
Portable Document Format (PDF) at http://www.fcc.gov/cgb/dro/trs.html#orders.

Paperwork Reduction Act of 1995 Analysis

    Document FCC 10-88 contains new 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 new information collection 
requirements contained in this proceeding. Public and agency comments 
are due September 13, 2010. In addition, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506 
(c)(4), the Commission seeks comment on how it may ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.''

Synopsis

    The rapid growth of the Fund within a five year span requires the 
Commission to take immediate steps in preserving the Fund to ensure the 
continued availability of TRS. Indeed, the Commission has a fiduciary 
duty to ensure that the Fund operates efficiently, and to guard against 
waste, fraud, and abuse. The Commission takes steps in document FCC 10-
88 to uphold that duty.
    Section 553 of the Administrative Procedure Act requires that 
agencies provide notice of, and an opportunity for public comment on, 
their proposed rules except, inter alia, ``when the agency for good 
cause finds (and incorporates the finding and a brief statement of 
reasons therefore in the rules issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' Notice and comment have been excused in emergency 
situations or where delay could result in serious harm. Additionally, 
agencies, including this Commission, have been afforded ``substantial 
deference'' when imposing interim regulations with or without prior 
notice and comment, particularly where such regulations have been shown 
to be necessary to prevent irreparable harm and the agency is seeking 
comment on the matter in a rulemaking proceeding.
    In this case, the Commission finds good cause to adopt the interim 
rule below to make providers more accountable by requiring senior 
executives to certify compliance with the Commission's regulations 
under penalty of perjury. By requiring providers to be more accountable 
for their submissions, the Commission takes necessary, affirmative 
steps to preserve the TRS Fund. The Commission adopts an interim rule 
to require the Chief Executive Officer (CEO), Chief Financial Officer 
(CFO), or other senior executive of a relay service provider to 
certify, under penalty of perjury, that: (1) Minutes submitted to the 
Fund administrator for compensation were handled in compliance with 
section 225 of the Communications Act and the Commission's rules and 
orders, and are not the result of impermissible financial incentives, 
or payments or kickbacks, to generate calls, and (2) cost and demand 
data submitted to the Fund administrator related to the determination 
of compensation rates or methodologies are true and correct. In the 
accompanying NPRM section of document FCC 10-88, the Commission seeks 
additional comment on whether it should make this rule permanent.
    The TRS rules currently require providers to ``submit reports of * 
* * TRS minutes of use to the [Fund] administrator in order to receive 
payments.'' The rules further require

[[Page 39860]]

providers to submit minutes on a form fashioned by the Fund 
administrator and the administrator to ``establish procedures to verify 
payment claims.'' Additionally, providers are required to certify on 
their monthly minutes of use submissions that the data being reported 
are ``true and accurate.'' Therefore, providers are already required to 
certify as to the truth and accuracy of the monthly data they submit to 
the administrator. Accurate call data are essential to ensuring the 
integrity of the Fund; thus, to ensure that the Commission can 
adequately detect fraud against the Fund, the Commission concludes that 
additional safeguards are necessary to ensure that minutes billed to 
the Fund are legitimate. Although both the Commission and the Fund 
administrator have the authority to audit providers, greater 
accountability can be ensured by requiring CEOs, CFOs, or other senior 
executives of providers to submit minutes of use for payment and to 
certify under penalty of perjury the legitimacy of the minutes. The 
Commission also expects that this interim rule will lead to greater 
scrutiny by providers of their minutes before they submit them to the 
Fund administrator for payment.
    The TRS rules also require providers to ``provide the administrator 
with true and adequate data, and other historical, projected and state 
rate related information reasonably requested by the administrator, 
necessary to determine TRS Fund revenue requirements and payments.'' 
Providers are also required to certify on their yearly submission forms 
as to the truth and accuracy of the data being submitted. The 
Commission similarly believes that to ensure the accuracy of this 
information, including the information requested on the Relay Services 
Data Request Form submitted annually, the TRS rules should require 
CEOs, CFOs, or other senior executives of providers to certify under 
penalty of perjury that this information is true and correct.
    The Commission adopts this interim rule without notice and comment, 
pursuant to 5 U.S.C. 553(b)(3)(B). In light of the explosive growth in 
the TRS Fund in recent years and evidence of fraud against the Fund, as 
evidenced by the recent indictments and guilty pleas from call center 
managers and employees admitting to defrauding the Fund of tens of 
millions of dollars, the fact that minutes are submitted for payment on 
a monthly basis, and the expectation that providers seeking 
compensation from the Fund are doing so in compliance with the TRS 
rules, the Commission finds that it is unnecessary and contrary to the 
public interest to delay adoption of this interim rule. The Commission 
finds that an immediate interim rule is necessary and consistent with 
the public interest. In this case, the Commission finds good cause to 
adopt an interim rule to make providers more accountable by requiring 
senior executives to certify compliance with the Commission's 
regulations under penalty of perjury. By requiring providers to be more 
accountable for their submissions, the Commission takes necessary, 
affirmative steps to preserve the TRS Fund.

Congressional Review Act

    The Commission will send a copy of document FCC 10-88 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, 4(i) and (o), 225, 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, 303(r), 403, 554(g), and 606, document FCC 10-88 
is adopted.
    Document FCC 10-88 shall be effective July 13, 2010, pursuant to 5 
U.S.C. 553(d)(3) and Sec.  1.427(b) of the Commission's rules, 47 CFR 
1.427(b), subject to OMB approval for new information collection 
requirements.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of document FCC 10-88 
to the Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 64

    Individuals with disabilities, Reporting and recordkeeping 
requirements; Telecommunications.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), Pub. L. 
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
2. Revise Sec.  64.604(c)(5)(iii)(I) to read as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (I) Information filed with the administrator. The Chief Executive 
Officer (CEO), Chief Financial Officer (CFO), or other senior executive 
of a provider submitting minutes to the Fund for compensation must, in 
each instance, certify, under penalty of perjury, that the minutes were 
handled in compliance with section 225 and the Commission's rules and 
orders, and are not the result of impermissible financial incentives or 
payments to generate calls. The CEO, CFO, or other senior executive of 
a provider submitting cost and demand data to the TRS Fund 
administrator shall certify under penalty of perjury that such 
information is true and correct. The administrator shall keep all data 
obtained from contributors and TRS providers confidential and shall not 
disclose such data in company-specific form unless directed to do so by 
the Commission. Subject to any restrictions imposed by the Chief of the 
Consumer and Governmental Affairs Bureau, the TRS Fund administrator 
may share data obtained from carriers with the administrators of the 
universal support mechanisms (see Sec.  54.701 of this chapter), the 
North American Numbering Plan administration cost recovery (see Sec.  
52.16 of this chapter), and the long-term local number portability cost 
recovery (see Sec.  52.32 of this chapter). The TRS Fund administrator 
shall keep confidential all data obtained from other administrators. 
The administrator shall not use such data except for purposes of 
administering the TRS Fund, calculating the regulatory fees of 
interstate common carriers, and aggregating such fee payments for 
submission to the Commission. The Commission shall have access to all 
data reported to the administrator, and authority to audit TRS 
providers. Contributors may make requests for Commission nondisclosure 
of company-specific revenue information under Sec.  0.459 of this 
chapter by so indicating on the Telecommunications Reporting Worksheet 
at the time that the subject data are submitted. The Commission shall 
make all decisions regarding nondisclosure of company-specific 
information.
* * * * *
[FR Doc. 2010-17073 Filed 7-12-10; 8:45 am]
BILLING CODE 6712-01-P