[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Proposed Rules]
[Pages 24442-24443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10613]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 10-51 and 03-123; FCC 11-62]


Structure and Practices of the Video Relay Service Program; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission tentatively concludes that it 
will extend the current video relay service (VRS) rates for the 
upcoming fund year. The Commission is considering various options for 
reforming the VRS industry, and therefore proposes to maintain the 
current rates until new VRS rules are adopted. The intended effect of 
this action is to ensure stability and certainty for VRS while the 
Commission continues to evaluate the issues and the substantial record 
developed in response to the reform proceeding.

DATES: Comments are due on or before May 16, 2011. Reply comments are 
due on or before May 23, 2011.

ADDRESSES: Interested parties may submit comments identified by [CG 
Docket Nos. 10-51 and 03-123 and/or FCC 11-62], 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 Nos. 10-51 and 
03-123. 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  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].

FOR FURTHER INFORMATION CONTACT: Diane Mason, Consumer and Governmental 
Affairs Bureau at (202) 418-7126, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Structure and Practices of the Video Relay Service Program; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Notice of Proposed 
Rulemaking (NPRM), document FCC 11-62, adopted April 14, 2011, and 
released April 15, 2011, in CG Docket Nos. 10-51 and 03-123, seeking 
comment on a proposal to extend the current VRS rates and further 
comment on VRS reform. The full text of FCC 11-62 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 11-62 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 11-62 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 document FCC 11-62. 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. 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).
    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

    Document FCC 11-62 seeks comment on a potential new or revised 
information collection requirement or may result in a new or revised

[[Page 24443]]

information collection requirement. If the Commission adopts any new or 
revised information collection requirement, the Commission will publish 
a separate notice in the Federal Register inviting the public to 
comment on the requirement, as mandated by the Paperwork Reduction Act 
of 1995. See Public Law 104-13 (44 U.S.C. 3501 et seq.). In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, the 
Commission will seek specific comment from the public on how it might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees, see Public Law 107-198; 47 
U.S.C. 3506(c)(4).''

Synopsis

    1. In document FCC 11-62, the Commission seeks further comment on 
VRS market structure and compensation method proposals related to the 
structure and practices of the VRS program initially raised in 
Structure and Practices of the Video Relay Service Program, CG Docket 
No. 10-51, Notice of Inquiry, published at 75 FR 41863, July 19, 2010 
(2010 VRS NOI). For example, the Commission seeks comment on specific 
proposals for VRS accounting. The Commission also seeks comment on how 
to treat certain costs and expenses. Commenters should address whether 
the Commission should limit or exclude the expenses of raising capital 
from VRS rates in general, or whether individual providers should not 
receive some or all compensation for the costs incurred in various 
methods of raising capital. Similarly, the Commission invites comment 
on the proper regulatory treatment of various methods used by providers 
to raise capital, including appropriate disclosure and approval 
requirements that may be implemented.
    2. In addition, in the event that the Commission is unable to 
finalize the compensation structure for VRS in time to calculate a new 
rate for the Fund year beginning July 1, 2011, the Commission 
tentatively concludes that extending the current interim rates and 
compensation structure for VRS to the 2011-12 Fund year would be 
appropriate. The current interim rates have resulted in significant 
savings for the Fund, demand for VRS has remained stable during the 
2010-11 Fund year, and data submitted to the Fund administrator 
demonstrate that no VRS provider has failed to meet speed of answer 
requirements under the interim rates. The Commission also recognizes 
the certainty and stability that the current compensation structure can 
offer until final rules in the 2010 VRS NOI proceeding are implemented. 
The Commission seeks comment on this tentative conclusion.

Initial Regulatory Flexibility Certification

    3. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that an initial regulatory flexibility analysis be prepared 
for notice-and-comment rule making proceedings, unless the agency 
certifies that ``the rule will not, if promulgated, have a significant 
economic impact on a substantial number of small entities.'' 5 U.S.C. 
605(b). The RFA generally defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' 5 U.S.C. 
601(6). In addition, the term ``small business'' has the same meaning 
as the term ``small business concern'' under the Small Business Act. 5 
U.S.C. 601(3). 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). 15 U.S.C. 632.
    4. In document FCC 11-62, the Commission seeks comment on the rates 
and compensation for VRS for the 2011-12 Interstate Telecommunications 
Relay Services (TRS) Fund (Fund) year. Specifically, the Commission 
seeks further comment on VRS market structure and compensation method 
proposals initially raised in a 2010 VRS NOI related to the structure 
and practices of the VRS program. In addition, in the event the 
Commission is unable to fully resolve the issues raised in the 2010 VRS 
NOI prior to the beginning of the 2011-12 Fund year, the Commission 
seeks comment on its tentative conclusion that extending the current 
interim rates and compensation structure provides the best means to 
ensure stability and certainty for VRS while the Commission continues 
to evaluate the issues and the substantial record developed in response 
to this proceeding.
    5. The Commission's proposed action is to extend the current 2010-
2011 rates for VRS for the upcoming 2011-2012 Fund year. The Commission 
concludes that this proposal will not impose a financial burden on 
entities, including small businesses, because these entities will 
continue to be promptly reimbursed from the Interstate TRS Fund at the 
same rate at which they are currently compensated.
    6. Therefore, the Commission certifies that the proposal in 
document FCC 11-62 if adopted, would not have a significant economic 
impact on a substantial number of small entities.
    The Commission will send a copy of document FCC 11-62, including a 
copy of this Initial Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the SBA.

Ordering Clauses

    7. Pursuant to sections 4(i)-(j), 225, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i)-(j), 225, and 
303(r), document FCC 11-62 is adopted.
    8. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of document FCC 11-62, 
including the Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

Federal Communications Commission
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-10613 Filed 4-29-11; 8:45 am]
BILLING CODE 6712-01-P