[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Rules and Regulations]
[Pages 24393-24402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10342]


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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: Final rule.

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SUMMARY: In this document, the Commission adopts rules to address 
fraud, waste, and abuse in the Video Relay Service (VRS) industry. 
These rules are necessary to combat reported and detected activity that 
has resulted in inappropriate payments to VRS providers from the 
Interstate TRS Fund (Fund). The intended impact of these rules is to 
minimize fraud in order to safeguard the sustainability of the VRS 
program.

DATES: Effective June 1, 2011, except Sec.  64.604(b)(4)(iii) of the 
Commission's rules, which shall become effective August 30, 2011. The 
recordkeeping and reporting requirements contained herein are subject 
to the Paperwork Reduction Act (PRA) and have not been approved by the 
Office of Management and Budget (OMB). Written comments by the public 
on the new information collections are due July 1, 2011. 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].

FOR FURTHER INFORMATION CONTACT: Diane Mason, Consumer and Governmental 
Affairs Bureau, Disability Rights Office, at (202) 418-7126 or e-mail 
[email protected].
    For additional information concerning the PRA information 
collection requirements contained in this document, contact Cathy 
Williams, Federal Communications Commission, at (202) 418-2918, or via 
e-mail [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Structure and Practices of the Video Relay Service Program, Report and 
Order (Report and Order), document FCC 11-54, adopted on April 5, 2011 
and released on April 6, 2011, in CG Docket No. 10-51. Notice of 
Proposed Rulemaking, FCC 10-88, adopted on May 24, 2010 and released on 
May 27, 2010 is published elsewhere in this issue. The full text of 
document FCC 11-54 and copies of any subsequently filed documents in 
this matter will be available for public inspection and copying via 
ECFS, and during regular business hours at the FCC Reference 
Information Center, Portals II, 445 12th Street, SW., Room CY-A257, 
Washington, DC 20554. They may also be purchased from the Commission's 
duplicating contractor, Best Copy and Printing, Inc., Portals II,

[[Page 24394]]

445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone: 
(800) 378-3160, fax: (202) 488-5563, or Internet: http://www.bcpiweb.com. Document FCC 11-54 can also be downloaded in Word or 
Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro/trs.html#orders. 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).

Paperwork Reduction Act of 1995 Analysis

    The recordkeeping and reporting requirements in document FCC 11-54 
contains new and modified information collection requirements subject 
to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. It 
will be submitted to OMB for review under section 3507(d) of the PRA. 
OMB, the general public, and other Federal agencies are invited to 
comment on the new or modified information collection requirements 
contained in this proceeding. In addition, the Commission notes that 
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), the Commission previously sought 
specific comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.
    In document FCC 11-54, the Commission has assessed the effects of 
imposing various requirements on VRS providers as well as providers of 
other forms of TRS. The Commission recognizes that these requirements 
are necessary to detect and prevent fraud, abuse and waste in the VRS 
program. The Commission takes these actions to ensure the 
sustainability of the program upon which individuals of hearing and 
speech disabilities have come to rely for their daily communication 
needs. In doing so, the Commission has balanced preserving the 
integrity of the VRS program and minimizing the information collection 
burden for small business concerns, including those with fewer than 25 
employees. For example, in adopting procedures for the resolution of 
disputed provider payment claims when payment has been suspended, the 
Report and Order allows providers, including small businesses, to 
submit claims for payment in a process that is uniform, predictable and 
equitable for all providers, thereby reducing burdens associated with 
disputed payments. The Commission also requires automated recordkeeping 
of TRS minutes submitted to the Fund. The Commission believes that 
providers automatically receiving records of TRS minutes and submitting 
them in an electronic format should entail minimal burden and will 
prove critical to ensuring that submitted data for compensation is 
accurate. The Commission also finds that requiring providers to provide 
reports and retain records in an electronic format that is retrievable 
will provide a seamless transaction for the purpose of compensation 
from the TRS Fund, which will alleviate burdens on providers, including 
small businesses. Further, the Commission believes that the 
whistleblower protection rule adopted in the Report and Order will 
benefit all providers, including small businesses, because it provides 
their employees with guidance that will reduce uncertainty associated 
with employee's rights. Finally, the Commission concludes that all TRS 
providers, including small entities, will be eligible to receive 
compensation from the Interstate TRS Fund for their reasonable costs of 
complying with the requirements adopted in the Report and Order. These 
measures should substantially alleviate any burdens on businesses with 
fewer than 25 employees.

Congressional Review Act

    The Commission will send a copy of document FCC 11-54 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).

Synopsis

    1. In document FCC 11-54, the Commission adopts rules to detect and 
prevent fraud and abuse in the provision of video relay service (VRS), 
which allows users to communicate in sign language via a video link. 
The Commission recognizes the valuable ways in which VRS fulfills the 
communication needs of persons who are deaf and hard of hearing. The 
program's structure, however, has made it vulnerable to fraud and 
abuse, which have plagued the current program and threatened its long-
term sustainability.
    In November 2009, the U.S. Department of Justice indicted 26 people 
for allegedly manufacturing and billing the Fund for illegitimate 
calls, the vast majority of whom have either pleaded guilty or been 
convicted. The Commission continues to receive numerous allegations of 
abusive practices by VRS providers. Some of these allegations have 
resulted in criminal investigations of VRS practices, which in turn 
have been the subject of semi-annual reports that the Commission's 
Office of the Inspector General (OIG) has submitted to Congress. The 
reports on these investigations have noted evidence of the following 
illicit VRS activities:
     Callers specifically requesting that the call not be 
relayed by the communications assistant (CA) to a third party;
     Calls placed to numbers that do not require any relaying, 
for example a voice-to-voice call;
     Calls initiated from international IP addresses by callers 
with little or no fluency in ASL where the connection is permitted to 
``run'' (i.e., the line is simply left open without any relaying of the 
call occurring);
     Implementation of ``double privacy screens'' (i.e., where 
both users to the video leg of the call block their respective video 
displays, thus making communication impossible);
     VRS CAs calling themselves;
     CAs connecting videophones/computers and letting them run 
with no parties participating in the call;
     Callers disconnecting from one illegitimate call and 
immediately calling back to initiate another; and
     Callers admitting that they were paid to make TRS calls.
    2. Document FCC 11-54 follows the Commission's, Structure and 
Practices of Video Relay Service, Declaratory Ruling, Order and Notice 
of Proposed Rulemaking (VRS Call Practices NPRM), document FCC 10-88, 
published at 75 FR 51735, August 23, 2010. In the VRS Call Practices 
NRPM, the Commission sought comment on a number of ways to reduce and 
ultimately eliminate fraud and abuse, and to improve the integrity and 
sustainability of the TRS Fund that pays for this program. 
Specifically, the Commission sought comment on: (1) The location of VRS 
call centers; (2) VRS CAs working from home; (3) compensation for VRS 
CAs; (4) procedures for the suspension of payment from the TRS Fund; 
(5) the permissibility of specific call practices; and (6) ways to 
detect and stop the billing of illegitimate calls.

Location of VRS Call Centers

    3. The Commission declines to adopt its tentative conclusion to 
require that all VRS call centers be located in the United States. The 
Commission is concerned about potential violations of international 
trade agreements, and also agrees with those commenters that argue that 
it can effectively control fraud and ensure compliance with the

[[Page 24395]]

Commission's mandatory minimum standards at any center, regardless of 
its location, in other ways. However, it will assist the Commission's 
investigatory efforts to have information about where all current and 
future call centers are located. Accordingly, the Commission amends its 
rules to require all VRS providers to submit a written statement to the 
Commission and the TRS Fund administrator containing the locations of 
all of their call centers that handle VRS calls, including call centers 
located outside the United States, twice a year, on April 1st and 
October 1st. In addition to the street address of each call center, the 
Commission further directs that these statements contain (1) the number 
of individual CAs and CA managers employed at each call center; and (2) 
the name and contact information (phone number and e-mail address) for 
the managers at each call center. The Commission also amends its rules 
to require VRS providers to notify the Commission and the TRS Fund 
administrator in writing at least 30 days prior to any change to their 
call centers' locations, including the opening, closing, or relocation 
of any center.

VRS CAs Working From Their Homes

    4. Allowing VRS CAs to work from their homes poses substantially 
more risks than benefits. An unsupervised home environment is more 
conducive to fraud than a supervised call center with on-site 
management. In the course of the Commission's ongoing investigations of 
fraud in the VRS industry, the Commission has identified numerous 
incidents in which unsupervised VRS CAs may have been complicit in 
facilitating fraudulent calls.
    5. The Commission is also concerned about the ability of home-based 
VRS arrangements, where there is no on-site management to provide 
direct supervision, to achieve full compliance with the Commission's 
TRS mandatory minimum standards. First, the Commission is not convinced 
that call handling in a home environment can meet the Commission's TRS 
standard requiring strict confidentiality of all relay calls. See 47 
CFR 64.604(a)(2) of the Commission's rules. Eavesdropping is more 
likely to occur in a home environment and provider call centers 
typically ensure structural or other arrangements that prevent sound 
from carrying from call station to call station, which are not 
available in a home. Second, the Commission is concerned about 
potential violations of the Commission's technical standards in a home 
environment. Commission rules require TRS facilities to have redundancy 
features, including uninterruptible power for emergency use, and 
further require TRS providers to be able to handle all 9-1-1 calls. See 
47 CFR 64.604(b)(4)(ii) and 64.605 of the Commission's rules. The 
record does not contain evidence that these critical capabilities, 
routinely available in provider-operated call centers, are equally 
available in all home environments.
    6. Finally, the Commission has concerns about the ability to 
achieve service quality standards in a home environment. For example, 
in provider-based call centers, managerial staff can intervene in the 
event that a CA is having difficulty understanding someone's signs, 
assist with an emergency call to 9-1-1, or relieve a CA in the middle 
of a call if the CA suddenly becomes ill. That is not the case in a 
home-based setting. Moreover, in a home environment, even when the CA's 
door is locked and surveillance cameras are used, there is little 
assurance that interruptions will not occur or that noises coming from 
outside the room, for example, from other family members, will not 
adversely affect the CA's ability to accurately and effectively 
interpret the call. Given the use of VRS as a critical tool for 
communication in employment and other daily life activities, as well as 
the statutory mandate to ensure functionally equivalent communication 
services, the Commission has an obligation to do all that it can to 
ensure that relay service enables communication that is as accurate and 
reliable as that of a direct voice telephone conversation. If the 
Commission determines in the future that home-based VRS can be provided 
in a manner that meets all of the Commission's requirements, the 
Commission may revisit this finding.

VRS CA Compensation

    7. The indictments resulting from criminal investigations into VRS 
fraud are replete with alleged instances in which CAs were rewarded for 
handling calls that otherwise would not have been made, as well as 
alleged schemes directing VRS call center employees to make 
illegitimate calls. In addition to being criminal, these arrangements 
do not support the goal of TRS, which is to provide a telephone service 
equivalent that allows people with hearing and/or speech disabilities 
to make or receive calls only when they want to do so. While it may be 
legitimate to reward VRS employees with bonuses and other forms of 
compensation for a job well done, or for extra hours worked, incentives 
based on the number of minutes or calls that these employees handle 
encourage such employees to generate minutes that would not otherwise 
have been made by individuals using VRS. Such incentives encourage CAs 
to process additional traffic, artificially lengthen the time of a 
call, or even engage in illicit schemes to create fictional calls where 
no relaying takes place. Such incentives may be the cause of a 
substantial amount of the fraud that has occurred over the past few 
years. Accordingly, the Commission now concludes that VRS CAs, either 
individually or as part of a group, are prohibited from receiving 
compensation, being given preferential work schedules, or otherwise 
benefiting in any way based on the number of minutes or calls that they 
relay.

Procedures for the Suspension of Payment

    8. Delay or suspension of payment is expressly authorized by the 
TRS rules, which state that the Fund administrator ``may suspend or 
delay payments to a TRS provider if the TRS provider fails to provide 
adequate verification of payment upon reasonable request, or if 
directed by the Commission to do so.'' 47 CFR 64.604(c)(5)(iii)(E) of 
the Commission's rules. In the past, payment has been withheld either 
because the minutes have appeared to be non-compensable under the 
Commission's rules or because the Commission has a basis for believing 
that fraud is associated with the minutes. To preserve the integrity of 
the TRS Fund, the Commission must continue withholding payments for TRS 
minutes, where justified, to ensure compliance with the Commission's 
rules and to prevent fraud and abuse of the TRS program.
    9. However, to provide greater due process and transparency to TRS 
providers, the Commission adopts a one-year time frame (starting with 
the date of the provider's initial request for payment) for the 
evaluation and resolution of disputed payment claims. The time frames 
set forth below relate only to payment suspension or delay and not to 
the Commission's investigatory processes used to determine whether a 
provider has violated the Act or any Commission rule or order. The 
procedures and time frames for investigation and enforcement will 
continue to be governed by the provisions of the Act relevant to the 
Commission's investigative and enforcement functions. The time frames 
discussed below also are not intended to affect the investigatory 
processes of other law enforcement bodies, such as the U.S. Department 
of Justice, in determining

[[Page 24396]]

whether a provider has violated any provision of law that such other 
law enforcement entity enforces. The Commission amends its rules by 
adopting the following process for suspension or delay of payment to a 
TRS provider:
     The Fund administrator will continue the current practice 
of reviewing monthly requests for compensation of TRS minutes of use 
within two months after they are filed with the Fund administrator.
     If the Fund administrator in consultation with the 
Commission, or the Commission on its own accord, determines that 
payments for certain minutes should be withheld, the TRS provider will 
be notified within two months from the date the request for 
compensation was filed, as to why its claim for compensation has been 
withheld in whole or in part. The TRS provider then will be given two 
additional months from the date of notification to provide additional 
justification for payment of such minutes of use. Such justification 
should be sufficiently detailed to provide the Fund administrator and 
the Commission the information needed to evaluate whether the minutes 
of use in dispute are compensable. If the TRS provider does not 
respond, or does not respond with sufficiently detailed information 
within two months after notification that payment for minutes of use is 
being withheld, payment for the minutes of use in dispute will be 
denied permanently.
     If the TRS provider submits additional justification for 
payment of the minutes of use in dispute within two months after being 
notified that its initial justification was insufficient, the Fund 
administrator or the Commission will review such additional 
justification documentation, and may ask further questions or conduct 
further investigation to evaluate whether to pay the TRS provider for 
the minutes of use in dispute, within eight months after submission of 
such additional justification.
     If the provider meets its burden to establish that the 
minutes in question are compensable under the Commission's rules, the 
Fund administrator will compensate the provider for such minutes of 
use. Any payment from the Fund will not preclude any future action by 
either the Commission or the U.S. Department of Justice to recover past 
payments (regardless of whether the payment was the subject of 
withholding) if it is determined at any time that such payment was for 
minutes billed to the Commission in violation of the Commission's rules 
or any other civil or criminal law.
     If the Commission determines that the provider has not met 
its burden to demonstrate that the minutes of use in dispute are 
compensable under the Commission's rules, payment will be permanently 
denied. The Fund administrator or the Commission will notify the 
provider of this decision within one year of the initial request for 
payment.

International VRS Calls

    10. In recent years, the TRS Fund call data has revealed a large 
number of VRS calls from international IP addresses (i.e., wherein the 
originating party's IP address indicates that the call originated from 
outside of the United States). In its 2009 Semi-Annual Report to 
Congress, the Commission's OIG noted that some of the allegations of 
conspiracy, fraud, and other criminal activity that have been 
associated with VRS minutes billed to the TRS Fund were based, among 
other things, on evidence of ``run'' calls initiated by callers with 
little or no fluency in ASL from international IP addresses in which no 
conversations were relayed. Because many of these minutes are likely 
attributable to fraudulent or abusive activities, the Commission adopts 
rules to prohibit compensation for VRS calls that originate with 
Internet connections from international IP addresses, regardless of 
where those calls terminate. The Commission adopts a limited exception 
to this prohibition for VRS calls originating from international IP 
addresses that are made by a U.S. resident who has pre-registered with 
his or her default provider prior to leaving the country, so long as 
the provider has an accurate means of verifying the identity of such 
callers and their locations at the time such calls are made. When pre-
registering, such individuals must specify the locations to which the 
individual will be traveling, as well as a finite period of time during 
which they will be on travel. Only calls made from those locations and 
during the specified time period will be compensable if otherwise in 
compliance with the Commission's rules and not associated with 
fraudulent activities. The general prohibition against Internet calling 
does not apply to (1) VRS calls initiated by voice callers located 
outside the United States to deaf users physically located in the 
United States or (2) legitimate VRS calls originated by individuals 
with IP addresses associated with registered ten-digit numbers that are 
made from a location within the United States and terminating outside 
the United States.

A. Use of Privacy Screens; Idle Calls

    11. In recent years, some VRS providers have participated in 
practices that effectively ``suspend'' the communication that is 
supposed to be taking place between the parties to a relay call for 
what appears to be excessive amounts of time. The Commission adopts two 
rules to reduce the frequency of these schemes. First, the Commission 
adopts a rule prohibiting CAs from enabling privacy screens from their 
side of the call at any time. There is no justification for a CA to 
ever prevent a caller from seeing him or her, because the precise and 
sole function of the CA is to interpret the call using sign language, a 
visual language.
    12. Second, the Commission adopts a rule requiring CAs to terminate 
VRS calls if either or both the calling or called party: (1) Enables a 
privacy screen for more than five minutes; or (2) is completely 
unresponsive or unengaged (creating an idle call) for longer than five 
minutes. Prior to disconnecting a call, a CA must first announce to 
both parties the intent to terminate the call and may reverse the 
decision to disconnect if one of the parties indicates that he or she 
is still actively participating on the call. This rule will not apply 
to 9-1-1 calls. Nor will it apply to relay calls that are legitimately 
placed on hold (e.g., by a customer service agent), where at least one 
of the parties to the call is still actively present and waiting for 
the other party to return to the phone. To avoid any ambiguity as to 
the ongoing nature of the call, the Commission expects that at least 
one of the parties to the call will check in with the CA periodically, 
so that the CA knows the call has not ended or become idle.

B. Provider-Involved Remote Training

    13. The function of a VRS provider is to provide communication for 
people with hearing and/or speech disabilities that is functionally 
equivalent to voice telephone communications. When a VRS provider 
engages in activities that are designed to attract VRS users to 
``remote training sessions,'' it is highly likely that the provider is 
doing so for the sole purpose of generating minutes. The Commission 
defines remote training to include any training session, such as a 
classroom lesson, tutorial lesson, seminar, speaker's conference or 
other event to which an individual connects from a remote distance via 
a telephone or Internet-based connection. In the VRS Call Practices 
NPRM, the Commission noted that as many as 232,000 VRS minutes stemmed 
from these and similar types of remote

[[Page 24397]]

training sessions in the second half of 2009, resulting in at least 
$1.4 million billed to the Fund. Accordingly, the Commission adopts a 
rule that where a provider is involved, in any way, in remote training, 
VRS calls to such training sessions are not reimbursable from the Fund. 
Non-compensable arrangements shall include any program or activity in 
which a provider or its affiliates of any kind, including, but not 
limited to, its subcontractors, partnerships, employees and sponsoring 
organizations or entities, have any role in arranging, scheduling, 
sponsoring, hosting, conducting or promoting such programs or 
activities to VRS users.

C. Ineligible Providers; Revenue Sharing Schemes

    14. In order to reduce fraud and establish better oversight of the 
VRS program, and address the unauthorized revenue sharing arrangements 
that have escalated in the VRS program, the Commission amends its rules 
in the following ways. First, only entities determined to be eligible 
to receive compensation from the TRS Fund under Sec.  
64.604(c)(5)(iii)(F) of the Commission's rules will be eligible to 
provide VRS and hold themselves out as providers of VRS to the general 
public. VRS service must be offered under the name by which the 
provider became certified and in a manner that clearly identifies that 
provider of the service. The foregoing requirement will not prevent a 
VRS provider from utilizing sub-brands, such as those dedicated to 
particular states, communities or regions in which it provides service, 
but requires that each sub-brand clearly identify the certified entity 
as the actual provider of the service. Calls to any brand or sub-brand 
of VRS must be routed through a single URL for that brand or sub-brand.
    15. Second, the Commission amends its rules to make clear that an 
eligible provider is prohibited from engaging any third party entity to 
provide VRS CAs or call center functions (including call distribution, 
routing, call setup, mapping, call features, billing for compensation 
from the TRS Fund, and registration), on its behalf, unless that third 
party entity also is an eligible provider under the Commission's rules. 
This provision will ensure that an eligible provider is responsible for 
providing the core components of VRS, rather than subcontracting out 
these responsibilities to third party entities, whose operations are 
not under the direct supervision of the Commission.
    16. Third, to the extent an eligible provider contracts with a 
third party to provide any other services or functions related to the 
provision of VRS, at third party entity must not hold itself out to the 
public as a VRS provider. This will make it easier for consumers, the 
Commission and the Fund administrator to tie service to the company 
providing that service.
    17. Fourth, to provide effective oversight, all third-party 
contracts or agreements must be executed in writing and copies of these 
agreements must be available to the Commission and the TRS Fund 
administrator upon request. Such contracts or agreements shall provide 
detailed information about the nature of the services to be provided by 
the subcontractor.
    18. Lastly, the Commission seeks to reduce the risk that marketing 
and outreach efforts will continue to be vehicles for manufacturing 
fraudulent minutes, such as those described above. To the extent an 
eligible VRS provider contracts with a third party to provide any 
services or functions related to marketing or outreach, and such 
services utilize VRS, the costs for such services cannot be compensated 
from the TRS Fund on a per-minute basis. In addition, all agreements in 
connection with marketing and outreach activities, including those 
involving sponsorships, financial endorsements, awards, and gifts made 
by the provider to any individual or entity, must be described in the 
providers' annual submissions to the TRS Fund administrator.

D. Whistleblower Protections

    19. The Commission adopts specific whistleblower protections for 
the employees and contractors of TRS providers. Notwithstanding the 
existence of other Federal and state whistleblower regulations, 
establishing a specific TRS whistleblower protection rule here will 
provide an explicit layer of protection for employees who are 
interested in disclosing information necessary to combat waste, fraud, 
and abuse with respect to relay services, and thus encourage them to do 
so. Current or former employees of TRS providers or any contractors 
(``covered individuals'') will be protected from reprisal in the form 
of a personnel action if they disclose information they reasonably 
believe evidences a violation of the Act or TRS regulations (including 
any activities that could result in the improper billing of minutes to 
the TRS Fund) to the eligible TRS provider billing for those minutes, 
the Commission, the Interstate TRS Fund administrator, or any Federal 
or state law enforcement entity. For a disclosure to be protected, the 
covered individual must have a reasonable belief that the information 
is true. The actual veracity of any disclosure, however, will not 
affect whether a disclosure is protected. If a TRS provider violates 
the TRS whistleblower protection rule, as with any rule violation, the 
Commission may take enforcement action.
    20. Providers shall provide information about these TRS 
whistleblower protections, including the right to notify the 
Commission's OIG or its Enforcement Bureau, to all employees and 
contractors, in writing. Providers that already disseminate their 
internal business policies to their employees in writing (e.g. in 
employee handbooks, policies and procedures manuals, or bulletin board 
postings) must also explicitly include these TRS whistleblower 
protections in those written materials. The Commission will also take 
steps to disseminate information about the TRS whistleblower protection 
rule.
    21. Unlike interpreters generally, CAs are strictly bound by the 
standards set forth in the Commission's regulations. Thus, whatever 
ethical codes may be imposed upon these individuals by their certifying 
bodies in community interpreting situations do not necessarily govern 
VRS situations; rather the specific rules, including those dealing with 
confidentiality, that are contained in the Commission's mandatory 
minimum standards are the governing standards for CAs who handle VRS 
calls.

Data, Audits and Record Retention Requirements

Data Filed With the Fund Administrator to Support Payment Claims

    22. The Commission now expands the data collection rules to require 
the filing of the following data associated with each VRS call for 
which a VRS provider seeks compensation: (1) The call record ID 
sequence; (2) CA ID number; (3) session start and end times; (4) 
conversation start and end times; (5) incoming telephone number and IP 
address (if call originates with an IP-based device) at the time of 
call; (6) outbound telephone number and IP address (if call terminates 
with an IP-based device) at the time of call; (7) total conversation 
minutes; (8) total session minutes; (9) the call center (by assigned 
center ID number) that handles the call; and (10) the URL address 
through which the call was initiated.
    23. The Commission also amends its functional TRS mandatory minimum 
standards to require VRS and IP Relay providers to submit speed of 
answer compliance data. Under the Commission's rules, VRS providers are 
required to answer 80 percent of all

[[Page 24398]]

calls within 120 seconds. 47 CFR 64.604(b)(2)(iii) of the Commission's 
rules. The provision of this data will enable the Commission to ensure 
compliance with this mandatory minimum standard, which is critical to 
ensuring that VRS providers promptly answer calls.
    24. Finally, in the VRS Call Practices NPRM, the Commission amends 
its rules to require that the call record and speed of answer data be 
submitted electronically and in a standardized format in order to 
reduce the burden associated with compiling and filing this data and to 
facilitate the collection and analysis of this data by the Fund 
administrator and the Commission.

Automated Call Data Collection

    25. The Commission amends its rules to require TRS providers to use 
an automated record keeping system to capture the following data when 
seeking compensation from the Fund: (1) The call record ID sequence; 
(2) CA ID number; (3) session start and end times, at a minimum to the 
nearest second; (4) conversation start and end times, at a minimum to 
the nearest second; (5) incoming telephone number (if call originates 
with a telephone) and IP address (if call originates with an IP-based 
device) at the time of the call; (6) outbound telephone number and IP 
address (if call terminates to an IP-based device) at the time of call; 
(7) total conversation minutes; (8) total session minutes; and (9) the 
call center (by assigned center ID number) that handles the call. The 
Commission defines automated recordkeeping system for purposes of these 
rules as a system that captures data in a computerized and electronic 
format in a manner that does not allow human intervention during the 
call session (for either conversation or session time). An electronic 
system that requires the CA or provider's employee to manually press a 
start and/or end command key in order to capture the required data or 
to terminate the data recording does not constitute an automated system 
under this requirement.

Transparency and the Disclosure of Provider Financial and Call Data

    26. The Commission has declined to make individual provider cost 
data available to the public because of its highly proprietary nature, 
and in light of the significant fraud and abuse that has taken place in 
this industry. The Commission must consider cost and demand data as 
part of the VRS compensation rate-setting process, and it will work in 
conjunction with the Fund administrator to carefully scrutinize data 
submitted by providers.

Provider Audits

    27. The Commission has determined that regular audits of providers 
must be conducted to ensure the integrity of the TRS Fund. In order to 
provide the Commission the flexibility and discretion it needs in 
determining when audits are necessary, the Commission amends the TRS 
mandatory minimum standards to require that all TRS providers submit to 
audits annually or, if necessary, at any other time deemed appropriate 
by the Commission, the Fund administrator, or by the Commission's OIG. 
The Commission also concludes that providers that fail to fully 
cooperate in audits, for example, by failing to provide documentation 
necessary for verification upon reasonable request, will be subject to 
an automatic suspension of TRS payments until sufficient documentation 
is provided. The Commission believes that this policy will promote 
greater transparency and accountability in the compensation process.

Record Retention

    28. Providers of all forms of Internet-based TRS must retain all 
required call detail records, other records that support their claims 
for payment from the Fund, and records used to substantiate the costs 
and expense data submitted in the annual relay service data request 
form for a minimum of five years, in an electronic format that is 
easily retrievable for the Commission and TRS Fund administrator for 
possible future use, including audits. Retained records must include 
the following data that is used to support payment claims submitted to 
the Fund administrator: (1) The call record ID sequence; (2) CA ID 
number; (3) session start and end times; (4) conversation start and end 
times; (5) incoming telephone number and IP address (if call originates 
with an IP-based device) at the time of call; (6) outbound telephone 
number and IP address (if call terminates with an IP-based device) at 
the time of call; (7) total conversation minutes; (8) total session 
minutes; and (9) the call center (by assigned center ID number) that 
handles the call.

Provider Certification Under Penalty of Perjury

    29. The Commission permanently adopts the rule requiring the CEO, 
CFO, or other senior executive of a TRS provider with first hand 
knowledge of the accuracy and completeness of the information provided, 
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 Act and the Commission's rules and orders, and are 
not the result of impermissible financial incentives, payments or 
kickbacks to generate calls, and (2) cost and demand data submitted to 
the Fund administrator in connection with the determination of 
compensation rates or methodologies are true and correct, as follows:
    I swear under penalty of perjury that (i) I am ----(name and 
title), ----an officer of the above-named reporting entity and that I 
have examined the foregoing reports and that all requested information 
has been provided and all statements of fact, as well as all cost and 
demand data contained in this Relay Services Data Request, are true and 
accurate; and (ii) the TRS calls for which compensation is sought 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 to generate calls.
    30. The Commission believes that this certification will provide an 
added deterrent against fraud and abuse of the Fund by making senior 
officers of providers more accountable for the compensation data 
submitted to the Fund administrator.

Final Regulatory Flexibility Certification

    31. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be prepared for 
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 ``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 which: (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).
    32. The Report and Order adopts rules to minimize fraud, waste, and 
abuse in the TRS industry, particularly for VRS. Specifically, the 
Report and Order takes

[[Page 24399]]

the following measures: It adopts rules requiring that VRS providers 
submit a statement describing the location and staffing of their call 
centers twice a year, and a notification at least 30 days prior to any 
change in the location of such centers. It prohibits VRS CAs from 
relaying calls from their homes. It prohibits VRS provider arrangements 
that involve tying compensation paid or other benefits given to CAs to 
minutes or calls processed by that CA, either individually or as part 
of a group. In addition, the Commission adopts procedures for the 
resolution of disputed provider payment claims when payment has been 
suspended.
    33. In addition to the above, in the Report and Order, the 
Commission adopts a rule prohibiting compensation for VRS calls that 
originate from IP addresses that indicate the individual initiating the 
call is located outside of the United States. Under new rules, VRS CAs 
will be required to terminate a VRS call if either party to the call: 
(1) Enables a privacy screen or similar feature for more than five 
minutes, or (2) is unresponsive or unengaged for more than five 
minutes, unless the call is to 9-1-1 or one of the parties is on hold. 
In addition, compensation for VRS calls for remote training when the 
provider is involved in any way with such training will be prohibited. 
The Report and Order also requires automated recordkeeping of TRS 
minutes submitted to the Fund, and amends the rules governing data 
collection from VRS providers to add requirements for the filing of 
data associated with each VRS call for which a VRS provider is seeking 
compensation.
    34. The Report and Order prohibits revenue sharing agreements 
between entities eligible for compensation from the Fund and non-
eligible entities. Providers will be prohibited from engaging third 
party entities to provide CAs or call center functions unless the third 
party is also an eligible provider. Where providers contract with or 
otherwise authorize other entities to provide other services or 
functions related to the provision of VRS, the third party may not hold 
itself out to the public as a service provider. Any such third party 
contracts must be in writing and available to the Commission and Fund 
administrator upon request. In addition, each VRS provider will be 
required to offer VRS only under the name by which the provider became 
certified and in a manner that clearly identifies that provider of the 
service, or a sub-brand name that identifies that provider. All calls 
to any brand or sub-brand of TRS must be routed through a single URL 
for that brand or sub-brand.
    35. The Commission adopts whistleblower protection rules for 
current and former employees and contractors of TRS providers. The 
Commission also will require that VRS providers submit to audits 
annually or as deemed appropriate by the Fund administrator or the 
Commission. Internet-based TRS providers will be required to retain all 
records that support their claims for payment from the Fund for five 
years. Finally, the Commission makes permanent the emergency rule that 
requires the CEO, CFO, or another senior executive of a TRS provider 
with first-hand knowledge of the accuracy and completeness of the 
information to certify, under penalty of perjury, to the validity of 
minutes and data submitted to the Fund administrator.
    36. In order to be compensated, TRS providers are required to 
comply with all of the Commission's rules governing the provision of 
TRS. All reasonable costs of providing service in compliance with the 
Report and Order are compensable from the Fund. Thus, because the 
providers will recoup the costs of compliance within a reasonable 
period, the Commission asserts that the providers will not be 
detrimentally burdened.
    37. Therefore, the Commission certifies that the requirements of 
the Report and Order will not have a significant adverse economic 
impact on any entities, large or small.
    38. The Commission has previously limited its RFA considerations to 
those entities collecting money directly from the TRS Fund. Although 
there may be various impacted entities that subcontract with providers 
eligible for direct compensation from the TRS Fund, the Commission does 
not have oversight of such entities.
    39. Therefore, in addressing only those entities currently eligible 
to receive compensation from the TRS Fund, the Commission also notes 
that, of the fourteen providers affected by the Report and Order, no 
more than five 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.
    40. Currently, fourteen providers receive compensation from the 
Interstate TRS Fund for providing any form of TRS. Because no more than 
five of the providers that will be affected by the Report and Order, if 
adopted, are 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 our proposed rules is not substantial. 
In addition, because those providers that meet the definition of small 
entity will be promptly compensated within a reasonable period for 
complying with the Report and Order, the Commission concludes that the 
financial impact of the Commission's decisions in the Report and Order 
is not substantial.
    41. Therefore, for all of the reasons stated above, the Commission 
certifies that the requirements of the Report and Order will not have a 
significant economic impact on a substantial number of small entities, 
or any entities.
    42. The Commission will send a copy of the Report and Order, 
including a copy of the Final Regulatory Flexibility Certification, in 
a report to Congress pursuant to the Congressional Review Act. In 
addition, the Report and Order and the final certification will be sent 
to the Chief Counsel for Advocacy of the SBA.

Ordering Clauses

    43. 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.
    44. Pursuant to Sec.  1.427(a) of the Commission's rules, 47 CFR 
1.427(a), document FCC 11-54 and the rules adopted herein shall become 
effective June 1, 2011, except for rule, 64.604(b)(4)(iii), which shall 
become effective August 30, 2011, and except for the rules containing 
information collections, which require approval by OMB under the PRA 
and which shall become effective after the Commission publishes a 
notice in the Federal Register announcing such approval and the 
relevant effective date.
    45. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of the Report and 
Order, including the Final 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, Telephone.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

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

[[Page 24400]]

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
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--Telecomunications Relay Services and Related Customer 
Premises Equipment for Persons with Disabilities

0
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.


0
3. In 64.601, redesignate paragraph (a)(27) as paragraph (a)(28), and 
add a new paragraph (a)(27) to read as follows:


Sec.  64.601  Definitions and provisions of general applicability.

    (a) * * *
    (27) Visual privacy screen. A screen or any other feature that is 
designed to prevent one party or both parties on the video leg of a VRS 
call from viewing the other party during a call.
* * * * *

0
4. Section 64.604 is revised by adding new paragraphs (a)(6), (a)(7), 
and (b)(4)(iii), by revising paragraph (c)(5)(iii)(C), and by adding 
new paragraphs (c)(5)(iii)(L), (c)(5)(iii)(M), and (c)(5)(iii)(N) to 
read as follows:


Sec.  64.604  Mandatory Minimum standards.

* * * * *
    (a) * * *
    (6) Visual privacy screens/idle calls. A VRS CA may not enable a 
visual privacy screen or similar feature during a VRS call. A VRS CA 
must disconnect a VRS call if the caller or the called party to a VRS 
call enables a privacy screen or similar feature for more than five 
minutes or is otherwise unresponsive or unengaged for more than five 
minutes, unless the call is a 9-1-1 emergency call or the caller or 
called party is legitimately placed on hold and is present and waiting 
for active communications to commence. Prior to disconnecting the call, 
the CA must announce to both parties the intent to terminate the call 
and may reverse the decision to disconnect if one of the parties 
indicates continued engagement with the call.
    (7) International calls. VRS calls that originate from an 
international IP address will not be compensated, with the exception of 
calls made by a U.S. resident who has pre-registered with his or her 
default provider prior to leaving the country, during specified periods 
of time while on travel and from specified regions of travel, for which 
there is an accurate means of verifying the identity and location of 
such callers. For purposes of this section, an international IP address 
is defined as one that indicates that the individual initiating the 
call is located outside the United States.
    (b) * * *
    (4) * * *
    (iii) A VRS CA may not relay calls from a location primarily used 
as his or her home.
* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (C) Data Collection and Audits. (1) TRS providers seeking 
compensation from the TRS Fund shall provide the administrator with 
true and adequate data, and other historical, projected and state rate 
related information reasonably requested to determine the TRS Fund 
revenue requirements and payments. TRS providers shall provide the 
administrator with the following: total TRS minutes of use, total 
interstate TRS minutes of use, total TRS investment in general in 
accordance with part 32 of this chapter, and other historical or 
projected information reasonably requested by the administrator for 
purposes of computing payments and revenue requirements.
    (2) Call data required from all TRS providers. In addition to the 
data requested by paragraph (c)(5)(iii)(C)(1) of this section, TRS 
providers seeking compensation from the TRS Fund shall submit the 
following specific data associated with each TRS call for which 
compensation is sought:
    (i) The call record ID sequence;
    (ii) CA ID number;
    (iii) Session start and end times noted at a minimum to the nearest 
second;
    (iv) Conversation start and end times noted at a minimum to the 
nearest second;
    (v) Incoming telephone number and IP address (if call originates 
with an IP-based device) at the time of the call;
    (vi) Outbound telephone number (if call terminates to a telephone) 
and IP address (if call terminates to an IP-based device) at the time 
of call;
    (vii) Total conversation minutes;
    (viii) Total session minutes;
    (ix) The call center (by assigned center ID number) that handled 
the call; and
    (x) The URL address through which the call is handled.
    (3) Additional call data required from Internet-based Relay 
Providers. In addition to the data required by paragraph 
(c)(5)(iii)(C)(2) of this section, Internet-based Relay Providers 
seeking compensation from the Fund shall submit speed of answer 
compliance data.
    (4) Providers submitting call record and speed of answer data in 
compliance with paragraphs (c)(5)(iii)(C)(2) and (c)(5)(iii)(C)(3) of 
this section shall:
    (i) Employ an automated record keeping system to capture such data 
required pursuant to paragraph (c)(5)(iii)(C)(2) of this section for 
each TRS call for which minutes are submitted to the fund administrator 
for compensation; and
    (ii) Submit such data electronically, in a standardized format. For 
purposes of this subparagraph, an automated record keeping system is a 
system that captures data in a computerized and electronic format that 
does not allow human intervention during the call session for either 
conversation or session time.
    (5) Certification. The chief executive officer (CEO), chief 
financial officer (CFO), or other senior executive of a TRS provider 
with first hand knowledge of the accuracy and completeness of the 
information provided, when submitting a request for compensation from 
the TRS Fund must, with each such request, certify as follows:
    I swear under penalty of perjury that:
    (i) I am ---- (name and title), --an officer of the above-named 
reporting entity and that I have examined the foregoing reports and 
that all requested information has been provided and all statements of 
fact, as well as all cost and demand data contained in this Relay 
Services Data Request, are true and accurate; and
    (ii) The TRS calls for which compensation is sought 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 to generate calls.
    (6) Audits. The fund administrator and the Commission, including 
the Office of Inspector General, shall have the authority to examine 
and verify TRS provider data as necessary to assure the accuracy and 
integrity of TRS Fund payments. TRS providers must submit to audits 
annually or at times determined appropriate by the Commission, the fund 
administrator, or by an entity approved by the Commission for such 
purpose. A TRS provider that fails to submit to a requested audit, or 
fails to provide documentation necessary for verification upon 
reasonable request, will be subject to an automatic suspension of 
payment until it submits

[[Page 24401]]

to the requested audit or provides sufficient documentation.
    (7) Call data record retention. Internet-based TRS providers shall 
retain the data required to be submitted by this section, and all other 
call detail records, other records that support their claims for 
payment from the TRS Fund, and records used to substantiate the costs 
and expense data submitted in the annual relay service data request 
form, in an electronic format that is easily retrievable, for a minimum 
of five years.
* * * * *
    (L) Procedures for the suspension/withholding of payment.
    (1) The Fund administrator will continue the current practice of 
reviewing monthly requests for compensation of TRS minutes of use 
within two months after they are filed with the Fund administrator.
    (2) If the Fund administrator in consultation with the Commission, 
or the Commission on its own accord, determines that payments for 
certain minutes should be withheld, a TRS provider will be notified 
within two months from the date for the request for compensation was 
filed, as to why its claim for compensation has been withheld in whole 
or in part. TRS providers then will be given two additional months from 
the date of notification to provide additional justification for 
payment of such minutes of use. Such justification should be 
sufficiently detailed to provide the Fund administrator and the 
Commission the information needed to evaluate whether the minutes of 
use in dispute are compensable. If a TRS provider does not respond, or 
does not respond with sufficiently detailed information within two 
months after notification that payment for minutes of use is being 
withheld, payment for the minutes of use in dispute will be denied 
permanently.
    (3) If the VRS provider submits additional justification for 
payment of the minutes of use in dispute within two months after being 
notified that its initial justification was insufficient, the Fund 
administrator or the Commission will review such additional 
justification documentation, and may ask further questions or conduct 
further investigation to evaluate whether to pay the TRS provider for 
the minutes of use in dispute, within eight months after submission of 
such additional justification.
    (4) If the provider meets its burden to establish that the minutes 
in question are compensable under the Commission's rules, the Fund 
administrator will compensate the provider for such minutes of use. Any 
payment by the Commission will not preclude any future action by either 
the Commission or the U.S. Department of Justice to recover past 
payments (regardless of whether the payment was the subject of 
withholding) if it is determined at any time that such payment was for 
minutes billed to the Commission in violation of the Commission's rules 
or any other civil or criminal law.
    (5) If the Commission determines that the provider has not met its 
burden to demonstrate that the minutes of use in dispute are 
compensable under the Commission's rules, payment will be permanently 
denied. The Fund administrator or the Commission will notify the 
provider of this decision within one year of the initial request for 
payment.
    (M) Whistleblower protections. Providers shall not take any 
reprisal in the form of a personnel action against any current or 
former employee or contractor who discloses to a designated manager of 
the provider, the Commission, the TRS Fund administrator or to any 
Federal or state law enforcement entity, any information that the 
reporting person reasonably believes evidences known or suspected 
violations of the Communications Act or TRS regulations, or any other 
activity that the reporting person reasonably believes constitutes 
waste, fraud, or abuse, or that otherwise could result in the improper 
billing of minutes of use to the TRS Fund and discloses that 
information to a designated manager of the provider, the Commission, 
the TRS Fund administrator or to any Federal or state law enforcement 
entity. Providers shall provide an accurate and complete description of 
these TRS whistleblower protections, including the right to notify the 
FCC's Office of Inspector General or its Enforcement Bureau, to all 
employees and contractors, in writing. Providers that already 
disseminate their internal business policies to its employees in 
writing (e.g. in employee handbooks, policies and procedures manuals, 
or bulletin board postings--either online or in hard copy) must include 
an accurate and complete description of these TRS whistleblower 
protections in those written materials.
    (N) In addition to the provisions set forth above, VRS providers 
shall be subject to the following provisions:
    (1) Eligibility for reimbursement from the TRS Fund.
    (i) Only an eligible VRS provider, as defined in paragraph 
(c)(5)(iii)(F) of this section, may hold itself out to the general 
public as providing VRS.
    (ii) VRS service must be offered under the name by which the 
eligible VRS provider offering such service became certified and in a 
manner that clearly identifies that provider of the service. Where a 
TRS provider also utilizes sub-brands to identify its VRS, each sub-
brand must clearly identify the eligible VRS provider. Providers must 
route all VRS calls through a single URL address used for each name or 
sub-brand used.
    (iii) An eligible VRS provider may not contract with or otherwise 
authorize any third party to provide interpretation services or call 
center functions (including call distribution, call routing, call 
setup, mapping, call features, billing, and registration) on its 
behalf, unless that authorized third party also is an eligible 
provider.
    (iv) To the extent that an eligible VRS provider contracts with or 
otherwise authorizes a third party to provide any other services or 
functions related to the provision of VRS other than interpretation 
services or call center functions, that third party must not hold 
itself out as a provider of VRS, and must clearly identify the eligible 
VRS provider to the public. To the extent an eligible VRS provider 
contracts with or authorizes a third party to provide any services or 
functions related to marketing or outreach, and such services utilize 
VRS, those VRS minutes are not compensable on a per minute basis from 
the TRS fund.
    (v) All third-party contracts or agreements entered into by an 
eligible provider must be in writing. Copies of such agreements shall 
be made available to the Commission and to the TRS Fund administrator 
upon request.
    (2) Call center reports. VRS providers shall file a written report 
with the Commission and the TRS Fund administrator, on April 1st and 
October 1st of each year for each call center that handles VRS calls 
that the provider owns or controls, including centers located outside 
of the United States, that includes:
    (i) The complete street address of the center;
    (ii) The number of individual CAs and CA managers; and
    (iii) The name and contact information (phone number and e-mail 
address) of the manager(s) at the center. VRS providers shall also file 
written notification with the Commission and the TRS Fund administrator 
of any change in a center's location, including the opening, closing, 
or relocation of any center, at least 30 days prior to any such change.
    (3) Compensation of CAs. VRS providers may not compensate, give a 
preferential work schedule or otherwise

[[Page 24402]]

benefit a CA in any manner that is based upon the number of VRS minutes 
or calls that the CA relays, either individually or as part of a group.
    (4) Remote training session calls. VRS calls to a remote training 
session or a comparable activity will not be compensable from the TRS 
Fund when the provider submitting minutes for such a call has been 
involved, in any manner, with such a training session. Such prohibited 
involvement includes training programs or comparable activities in 
which the provider or any affiliate or related party thereto, including 
but not limited to its subcontractors, partners, employees or 
sponsoring organizations or entities, has any role in arranging, 
scheduling, sponsoring, hosting, conducting or promoting such programs 
or activities.
* * * * *

0
5. In Sec.  64.606, revise paragraph (g) to read as follows:


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

* * * * *
    (g) VRS and IP Relay providers certified under this section shall 
file with the Commission, on an annual basis, a report providing 
evidence that they are in compliance with Sec.  64.604. VRS providers 
shall include within these annual submissions a description of all 
agreements in connection with marketing and outreach activities, 
including those involving sponsorship, financial endorsements, awards, 
and gifts made by the provider to any individual or entity.

[FR Doc. 2011-10342 Filed 4-29-11; 8:45 am]
BILLING CODE 6712-01-P