[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Proposed Rules]
[Pages 24437-24442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10341]



[[Page 24437]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 10-51; FCC 11-54]


Structure and Practices of the Video Relay Service Program

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission seeks comment on proposed 
modifications to its certification process for Internet-based relay 
providers to ensure that all entities seeking certification to provide 
Internet-based telecommunications relay services (TRS) in the future--
or currently certified entities seeking re-certification--are fully 
qualified to provide Internet-based relay service in compliance with 
the Commission's rules and requirements, and to improve the 
Commission's oversight of these providers, once they have been 
certified.

DATES: Comments are due on or before June 1, 2011. Reply comments are 
due on or before June 16, 2011. Written comments on the Paperwork 
Reduction Act proposed information collection requirements must be 
submitted by the public, Office of Management and Budget (OMB), and 
other interested parties on or before July 1, 2011.

ADDRESSES: Interested parties may submit comments identified by [CG 
Docket No. 10-51 and/or FCC 11-54], 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://fjallfoss.fcc.gov/ecfs2/. 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 No. 10-51. 
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.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. 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.
    In addition, parties must serve one copy of each pleading with the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, or via e-mail to 
[email protected].
    Document FCC 11-54 contains proposed information collection 
requirements subject to the PRA. It will be submitted to the Office of 
Management and Budget (OMB) for review under section 3507 of the PRA. 
OMB, the general public, and other Federal agencies are invited to 
comment on the proposed information collection requirements contained 
in this document. PRA comments should be submitted to Cathy Williams, 
Federal Communications Commission via email 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 PRA 
information collection requirements contained in this document, contact 
Cathy Williams at (202) 418-2918, or email: [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Structure and Practices of the Video Relay Service Program, Further 
Notice of Proposed Rulemaking (VRS FNPRM), document FCC 11-54, adopted 
April 5, 2011, and released April 6, 2011, in CG Docket No. 10-51, 
seeking comment on proposed modifications to its certification process 
for all Internet-based relay providers. Simultaneously with the VRS 
FNPRM, the Commission issued a Report and Order in CG Docket No. 10-51. 
In the Report and Order, the Commission adopted rules to detect and 
prevent fraud and abuse in the provision of video relay service. The 
full text of FCC 11-54 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 11-54 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 11-
54 can also be downloaded in Word or Portable Document Format (PDF) at: 
http://www.fcc.gov/cgb/dro/trs.html#orders.
    Pursuant to 47 CFR 1.415 and 1.419, interested parties may file 
comments and reply comments on or before the dates indicated in the 
DATES section of this document. Comments and reply comments must 
include a short and concise summary of the substantive discussion and 
questions raised in the VRS FNPRM. The Commission further directs all 
interested parties to include the name of the filing party and the date 
of the filing on each page of their comments and reply comments. The 
Commission strongly encourages that parties track the organization set 
forth in the VRS FNPRM in order to facilitate its internal review 
process. Comments and reply comments must otherwise comply with 47 CFR 
1.48 and all other applicable sections of the Commission's rules.
    Pursuant to 47 CFR 1.1200 et. seq., this matter shall be treated as 
a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentations must contain 
summaries of the substances of the presentations and not merely a 
listing of the subjects discussed. More than a one or two sentence 
description of the views and arguments presented is generally required. 
Other rules pertaining to oral and written ex parte presentations in 
permit-but-disclose proceedings are set forth in 47 CFR 1.1206(b). To 
view a copy of this information collection

[[Page 24438]]

request (ICR) submitted to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web 
page called ``Currently Under Review,'' (3) click on the downward-
pointing arrow in the ``Select Agency'' box below the ``Currently Under 
Review'' heading, (4) select ``Federal Communications Commission'' from 
the list of agencies presented in the ``Select Agency'' box, (5) click 
the ``Submit'' button to the right of the ``Select Agency'' box, (6) 
when the list of FCC ICRs currently under review appears, look for the 
Title of this ICR and then click on the ICR Reference Number. A copy of 
the FCC submission to OMB will be displayed.
    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

    The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and OMB to comment on the 
proposed information collection requirements contained in the document 
FCC 11-54, as required by the PRA, Public Law 104-13. Public and agency 
comments are due July 1, 2011. Comments should address: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; (b) the accuracy of the 
Commission's burden estimates; (c) ways to enhance the quality, 
utility, and clarity of the information collected; (d) ways to minimize 
the burden of the collection of information on the respondents, 
including the use of automated collection techniques or other forms of 
information technology; and (e) ways to further reduce the information 
collection burden on small business concerns with fewer than 25 
employees.
    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 specific comment on how it may ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.''
    OMB Control Number: 3060-XXXX.
    Title: Structure and Practices of the Video Relay Service Program, 
Further Notice of Proposed Rulemaking; CG Docket No. 10-51.
    Form No.: N/A.
    Type of Review: New collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents and Responses: 11 respondents and 49 
responses.
    Estimated Time per Response: 1 hour to 75 hours.
    Frequency of Response: Annual, one-time, and on occasion reporting 
requirements.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for these proposed information collections is found 
at section 225 of the Act, 47 U.S.C. 225. The law was enacted on July 
26, 1990, as Title IV of the ADA, Public Law 101-336, 104 Stat. 327, 
366-69.
    Total Annual Hourly Burden: 1,033 hours.
    Total Annual Costs: None.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because this information collection does 
not require the collection of personally identifiable information (PII) 
from individuals.
    Privacy Act Impact Assessment: No impacts.
    Needs and Uses: In the VRS FNPRM, the Commission seeks comment on a 
number of proposed modifications to the Commission's certification 
process for all Internet-based relay providers to ensure that all 
entities seeking certification in the future are fully qualified to 
provide service in compliance with the Commission's rules and orders. 
The VRS FNPRM contains potential information collection requirements 
with respect to the following four of its proposals, all of which could 
further the aims of the VRS FNPRM.
    (A) Whether potential Internet-based relay providers should be 
required to provide full and detailed information in its application 
for certification that show its ability to comply with the Commission's 
rules. The VRS FNPRM specifically proposes that provider applicants 
provide documentary and other evidence demonstrating that the applicant 
owns and operates facilities associated with TRS call centers, and 
employs ASL interpreters, on a full or part-time basis, to staff such 
call centers at the date of the application.
    (B) Whether Internet-based relay providers should be required to 
submit annual reports that include updates to the information to the 
application for certification.
    (C) Whether each certified Internet-based relay provider should be 
required to seek prior Commission authorization of any voluntary 
interruption in the provision of Internet-based TRS.
    (D) Whether each certified Internet-based relay provider should be 
required to submit a written notification to Consumer and Governmental 
Affairs Bureau within two business days of when an unforeseen service 
interruption first occurred with an explanation of how the provision of 
its service had been restored or will be restored imminently.

Synopsis

    1. In document FCC 11-54, the Commission seeks comment on a number 
of proposed modifications to our certification process for all 
Internet-based relay providers, including VRS providers, to ensure that 
all entities seeking certification in the future--or currently 
certified entities seeking re-certification--are fully qualified to 
provide Internet-based relay service in compliance with the 
Commission's rules, including all of the new obligations adopted in the 
accompanying Report and Order to reduce waste, fraud and abuse, and 
improve oversight of the Commission's relay programs.
    2. The Commission proposes to ensure that the certification process 
enables the Commission to identify providers that are qualified to 
provide Internet-based relay services in accordance with our rules.
    3. First, the Commission proposes that all Internet-based relay 
providers be required to receive certification from the Commission, 
under the procedures and guidelines proposed herein, to be eligible to 
receive compensation from the TRS Fund. Under this proposal, 
certification by the Commission would be the sole method by which an 
Internet-based TRS provider could become eligible to receive 
compensation from the TRS Fund. An Internet-based relay provider would 
no longer be permitted to receive compensation from the TRS Fund 
merely: (1) by virtue of its contract with a certified state TRS 
program; (2) through its contract with an interstate common carrier; 
(3) because it is an interstate common carrier; or (4) because it is 
certified by a state. Eligibility through these methods has failed to 
ensure that providers are qualified to provide VRS or to provide the 
Commission with the requisite information to determine whether 
providers are complying with the Commission's TRS rules.
    4. The Commission proposes that all providers that are not already 
certified by the Commission, be required to apply to the Commission for 
certification to

[[Page 24439]]

provide Internet-based TRS. The Commission further proposes that an 
applicant be certified or be permitted to renew its certification only 
upon a determination by the Commission that such applicant has 
adequately demonstrated its ability to comply with all of the 
Commission's rules, including those adopted in the accompanying Report 
and Order. The Commission proposes that mere attestations be inadequate 
to satisfy this standard. Instead, the Commission proposes requiring 
evidence of an applicant's ability to comply with the Commission's 
rules governing the qualifications of CAs, including speed of answer, 
facility redundancy to ensure continuance of the service, and other 
operational and technical standards designed to ensure provision of a 
service that is functionally equivalent to voice telephone service.
    5. Specifically, the Commission proposes that applicants provide 
the following documentary and other evidence, as needed, demonstrating 
that the applicant owns and operates facilities associated with TRS 
call centers, and employs ASL interpreters, on a full or part-time 
basis, to staff such call centers at the date of the application:
     A copy of each deed or lease for each call center operated 
by the applicant;
     A list of individuals or entities that hold at least a 10 
percent equity interest in the applicant, have the power to vote 10 
percent or more of the securities of the applicant, or exercise de jure 
or de facto control over the applicant, a description of the 
applicant's organizational structure, including the names of its 
executives, officers, partners, and board of directors, as well as an 
attestation that no such individual has been convicted of a felony;
     A list of all of the names of applicant's full-time and 
part-time employees;
     Proofs of purchase or license agreements for use of all 
equipment and/or technologies, including hardware and software, used by 
the applicant for its call center functions, including but not limited 
to, ACD, routing, call setup, mapping, call features, billing for 
compensation from the TRS fund, and registration;
     Copies of employment agreements for all of the provider's 
executives and CAs;
     Copies of any subcontracting agreements for services not 
directly essential for the provision of Internet-based relay (such as 
maintenance and transportation services);
     A list of all financing arrangements pertaining to the 
provision of Internet-based relay service, including documentation on 
loans for equipment, inventory, property, promissory notes, and liens;
     Copies of all other agreements associated with the 
provision of Internet-based relay service; and
     A list of all sponsorship arrangements (e.g., those 
providing financial support or in-kind interpreting or personnel 
service for social activities in exchange for brand marketing), 
including any associated agreements.
    6. In addition, the Commission proposes that the certification 
process include, at the Commission's discretion, other measures, 
including on-site visits to the premises of applicants, to assess the 
merits of certification applications, and seeks comment on what those 
measures may be. The Commission further seeks input on what other types 
of documentation the Commission should require, including the level of 
detail it should require, to ensure that it is able to assess whether 
an applicant is fully qualified to provide Internet-based relay service 
in compliance with the Commission's rules and requirements.
    7. In order to be entitled to compensation from the TRS Fund for 
providing Internet-based TRS, the TRS provider's facilities must have 
redundancy features in the event of call center or network outages, as 
well comply with the other minimum standards that apply to all TRS. At 
present, however, the Commission's rules do not explicitly address the 
obligations associated with a provider's decision to temporarily cease 
its operations. To avoid future interruptions in service that may 
hamper the ability of relay customers to place Internet-based TRS 
calls, the Commission proposes requiring that each certified provider 
seek prior Commission approval of any voluntary interruption in the 
provision of Internet-based TRS. In order to comply with this 
requirement, the Commission proposes that a provider be directed to 
submit a written request to the Commission's CGB at least 60 days prior 
to any planned interruption, with detailed information of (1) Its 
justification for such service interruption; (2) its plan to notify 
customers about the impending interruption; and (3) its plans for 
resuming service, so as to minimize the impact of such interruption on 
consumers through a smooth transition of temporary service to another 
provider, and restoration of its service at the completion of such 
interruption.
    8. The Commission further proposes delegating authority to the 
Consumer and Governmental Affairs Bureau (CGB) to grant or deny such 
requests for service interruptions, and provide a timely response to 
the provider, in order to afford an adequate period of notification to 
consumers. The Commission also proposes taking enforcement action 
against certified providers, including, but not limited to the 
revocation of their certifications and/or suspension of payment in the 
event that the provider voluntarily interrupts its service without 
sufficient prior notification to the Commission, or in the event that 
the requested cessation proceeds notwithstanding CGB's denial of the 
provider's request.
    9. In order to ensure the seamless delivery of Internet-based TRS 
during any transition period following the Commission's establishment 
of new eligibility requirements and certification procedures, the 
Commission proposes to allow any provider currently eligible to receive 
compensation from the TRS Fund via a means other than FCC 
certification, concurrently with the submission of its application for 
Commission certification, to seek a temporary waiver of any new 
requirements to obtain certification from the Commission prior to 
offering Internet-enabled TRS, while its application is pending. The 
Commission seeks comment on what an applicant seeking such a waiver 
should have to demonstrate in order to establish that a temporary 
waiver of the certification requirement would serve the public 
interest. Further, in the event that an applicant's request for 
temporary waiver and/or application for certification is denied, the 
Commission proposes that the applicant be given at least 30 days to 
discontinue its service in order to allow its affected consumers 
sufficient time for transition to another eligible provider's service.

Initial Regulatory Flexibility Certification

    10. 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.'' See 5 
U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been amended by the 
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 
Public Law 104-121, Title II, 110 Stat. 857 (1996). The RFA generally 
defines the term ``small entity'' to have the same meaning as the terms

[[Page 24440]]

``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).
    11. In document FCC 11-54, the Commission seeks further comment on 
a number of proposed modifications to our current eligibility 
requirements for Internet-based TRS providers, including VRS providers, 
that seek certification from the Commission to be eligible for 
compensation from the TRS Fund. The Commission seeks comment on these 
proposals to ensure that all entities seeking certification in the 
future--or currently certified entities seeking re-certification--are 
fully qualified to provide Internet-based relay service in compliance 
with our rules and requirements, including all of the revised 
obligations adopted in the accompanying Report and Order, to reduce 
waste, fraud and abuse, and improve oversight.
    12. Specifically, the VRS FNPRM seeks comment on whether the 
Commission should require that all Internet-based TRS providers be 
certified by the Commission to become eligible to receive compensation 
from the TRS Fund. In addition, the Commission seeks comment on whether 
new and renewing applicants should provide specific documentary 
evidence of their ability to comply with our TRS rules. The Commission 
seeks comment on whether the certification process should include, at 
the Commission's discretion, other measures, including on-site visits 
to the premises of applicants, to assess the merits of certification 
applications. The Commission also proposes to revise its annual report 
filing guidelines to require further documentation.
    13. The Commission further proposes to require that providers seek 
approval from the Commission for voluntary interruption of service, and 
that providers notify the Commission of unforeseen service 
interruptions in the provision of Internet-based TRS. Finally, the 
Commission proposes to allow a provider that is currently eligible to 
receive compensation from the TRS Fund via a means other than FCC 
certification, to file an application for certification under the 
Commission's new rules. While such a provider's application is pending, 
the Commission proposes to permit the applicant to seek a temporary 
waiver of any new requirements to obtain certification from the 
Commission prior to offering Internet-enabled TRS, to enable the 
provider to continue to receive compensation from the Fund and to 
continue providing Internet-based TRS while such provider's application 
is pending.
    14. With regard to the economic impact of the VRS FNPRM, the 
Commission notes that all providers potentially affected by the 
proposed rules, including those deemed to be small entities under the 
SBA's standard, would be entitled to receive prompt reimbursement for 
their reasonable costs of compliance. Therefore, the Commission 
concludes that the VRS FNPRM, if adopted, will not have a significant 
economic impact on any entities. In addition, even if there were an 
adverse economic impact, no more than five of the eleven providers 
impacted by the proposed rules meet 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.
    15. Therefore, the Commission certifies that the proposals in the 
VRS FNPRM, if adopted, will not have a significant economic impact on a 
substantial number of small entities.
    16. The Commission will send a copy of the VRS FNPRM, including a 
copy of this Initial Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the SBA.

Ordering Clauses

    17. Pursuant to sections 1, 4(i), (j) and (o), 225, and 303(r), of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), (j) 
and (o), 225, and 303(r), document FCC 11-54 is adopted.
    18. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Further Notice 
of Proposed Rulemaking, including the Initial Regulatory Flexibility 
Certification, 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.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    1. The authority citation for part 64 is revised to read as 
follows:

    Authority:  47 U.S.C. 154, 254 (k); secs. 403 (b)(2) (B), (c), 
Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 222, 225, 226, 228, 254 (k), and 620, unless otherwise noted.

Subpart F--Telecommunications Relay Services and Related Customer 
Premises Equipment for Persons With Disabilities

    2. The authority citation for Subpart F is revised to read as 
follows:

    Authority:  47 U.S.C. 151-154; 225, 255, 303(r), and 620.

    3. Section 64.604 is amended by revising paragraph (c)(5)(iii)(F) 
to read as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (F) Eligibility for Payment from the TRS Fund. (1) TRS providers, 
except Internet-based TRS providers, eligible for receiving payments 
from the TRS Fund must be:
    (i) TRS facilities operated under contract with and/or by certified 
state TRS programs pursuant to Sec.  64.606; or
    (ii) TRS facilities owned or operated under contract with a common 
carrier providing interstate services operated pursuant to Sec.  
64.604; or
    (iii) Interstate common carriers offering TRS pursuant to Sec.  
64.604.
    (2) Internet-based TRS providers eligible for receiving payments 
from the TRS fund must be certified by the Commission pursuant to Sec.  
64.606.
* * * * *
    4. Section 64.606 is amended by revising paragraph (a)(2), by 
adding new paragraph (a)(3), by revising paragraphs (b)(2), (c)(2), 
(e)(2), and (g), and by adding new paragraph (h) to read as follows:


Sec.  64.606  VRS and IP Relay provider and TRS program certification.

    (a) * * *
    (2) Internet-based TRS provider. Any entity desiring to provide 
Internet-based TRS and to receive compensation from the Interstate TRS 
Fund, shall submit documentation to the Commission addressed to the 
Federal Communications Commission, Chief, Consumer and Governmental 
Affairs Bureau, TRS Certification Program,

[[Page 24441]]

Washington, DC 20554, and captioned ``Internet-based TRS Certification 
Application.'' The documentation shall include, in narrative form:
    (i) A description of the forms of Internet-based TRS to be provided 
(i.e., VRS, IP Relay, and/or IP captioned telephone relay service);
    (ii) A detailed description of how the applicant will meet all non-
waived mandatory minimum standards applicable to each form of TRS 
offered, including documentary and other evidence that the applicant 
owns and operates facilities associated with TRS call centers and 
employs interpreters, on a full or part-time basis, to staff such call 
centers at the date of the application. Such evidence shall include, 
but not be limited to:
    (A) A copy of each deed or lease for each call center operated by 
the applicant;
    (B) A list of individuals or entities that hold at least a 10 
percent equity interest in the applicant, have the power to vote 10 
percent or more of the securities of the applicant, or exercise de jure 
or de facto control over the applicant, a description of the 
applicant's organizational structure, and the names of its executives, 
officers, partners, and members of its board of directors;
    (C) A list of all of the names of applicant's full-time and part-
time employees on payroll;
    (D) Proof of purchase or license agreement for use of all equipment 
and/or technologies, including hardware and software, used by the 
applicant for its call center functions, including but not limited to, 
automatic call distribution, routing, call setup, mapping, call 
features, billing for compensation from the TRS fund, and registration;
    (E) Copies of employment agreements for all of the provider's 
executives and CAs;
    (F) Copies of any subcontracting agreements pertaining to the 
provision of the Internet-based relay service other than services not 
directly essential for the provision of Internet-based relay (such as 
maintenance and transportation services);
    (G) A list of all major financing arrangements pertaining to the 
provision of Internet-based relay service, including documentation on 
loans for equipment, inventory, property, promissory notes, and liens;
    (H) Copies of all other agreements associated with the provision of 
Internet-based relay service; and
    (I) A list of all sponsorship arrangements (e.g., those providing 
financial support or in-kind interpreting or personnel service for 
social activities in exchange for brand marketing), including any 
associated written agreements;
    (iii) A description of the provider's complaint procedures;
    (iv) Demonstration of the provider's status as a common carrier; 
and
    (v) A statement that the provider will file annual compliance 
reports demonstrating continued compliance with these rules.
    (3) Assessment of Internet-based TRS Provider Certification 
Application. In order to assess the merits of a certification 
application submitted by an Internet-based TRS provider, the Commission 
may conduct one or more on-site visits of the applicant's premises, to 
which the applicant must consent.
* * * * *
    (b) * * *
    (2) Requirements for Internet-based TRS Provider FCC certification. 
After review of certification documentation, the Commission shall 
certify, by Public Notice, that the Internet-based TRS provider is 
eligible for compensation from the Interstate TRS Fund if the 
Commission determines that the certification documentation:
    (i) Establishes that the provision of Internet-based TRS will meet 
or exceed all non-waived operational, technical, and functional minimum 
standards contained in Sec.  64.604;
    (ii) Establishes that the Internet-based TRS provider makes 
available adequate procedures and remedies for ensuring compliance with 
the requirements of this section and the mandatory minimum standards 
contained in Sec.  64.604, including that it makes available for TRS 
users informational materials on complaint procedures sufficient for 
users to know the proper procedures for filing complaints; and
* * * * *
    (c) * * *
    (2) Internet-based TRS Provider FCC certification period. 
Certification granted under this section shall remain in effect for 
five years. An Internet-based TRS provider may apply for renewal of its 
certification by filing updated documentation with the Commission, at 
least 90 days prior to expiration of certification, containing the 
information described in paragraph (a)(2) of this section.
* * * * *
    (e) * * *
    (2) Suspension or revocation of Internet-based TRS Provider FCC 
certification. The Commission may suspend or revoke the certification 
of an Internet-based TRS provider if, after notice and opportunity for 
hearing, the Commission determines that such certification is no longer 
warranted. The Commission may, on its own motion, require a certified 
Internet-based TRS provider to submit documentation demonstrating 
ongoing compliance with the Commission's minimum standards if, for 
example, the Commission receives evidence that a certified Internet-
based TRS provider may not be in compliance with the minimum standards.
* * * * *
    (g) Internet-based TRS providers certified under this section shall 
file with the Commission, on an annual basis, a report demonstrating 
that they are in compliance with Sec.  64.604. Such reports must 
include the information required in paragraph (a)(2) of this section 
supported by current documentation.
    (h) Unauthorized service interruptions. (1) Each certified 
Internet-based service provider must provide Internet-based TRS without 
unauthorized voluntary service interruptions.
    (2) An Internet-based service provider seeking to voluntarily 
interrupt service must first obtain Commission authorization by 
submitting a written request to the Commission's Consumer and 
Governmental Affairs Bureau (CGB) at least 60 days prior to any planned 
service interruption, with detailed information of:
    (i) Its justification for such interruption;
    (ii) Its plan to notify customers about the impending interruption; 
and
    (iii) Its plans for resuming service, so as to minimize the impact 
of such disruption on consumers through a smooth transition of 
temporary service to another provider, and restoration of its service 
at the completion of such interruption. CGB will grant or deny such a 
request and provide a response to the provider within 30 days of the 
proposed interruption, in order to afford an adequate period of 
notification to consumers. In evaluating such a request, CGB will 
consider such factors as the length of time of the proposed 
interruption, the reason for such interruption, the frequency with 
which such requests have been made by the provider in the past, the 
potential impact of the interruption on consumers, and the provider's 
plans for a smooth service restoration.
    (3) In the event of a brief, unforeseen service interruption due to 
circumstances beyond a provider's control, the provider must submit a 
written notification to CGB within two business days of the 
commencement of the service interruption, with an

[[Page 24442]]

explanation of how it has restored service or its plan to do so 
imminently.
    (4) A certified provider that fails to obtain prior Commission 
authorization for a voluntary service interruption, or fails to provide 
written notification after the commencement of a service interruption 
in accordance with this subsection, may be subject to revocation of 
certification, suspension of payment from the TRS Fund, or other 
enforcement action by the Commission, as appropriate.
[FR Doc. 2011-10341 Filed 4-29-11; 8:45 am]
BILLING CODE 6712-01-P