[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45796-45797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19409]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Submitted to the Office of 
Management and Budget for Review and Approval

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection, as required by the Paperwork 
Reduction Act (PRA) of 1995. Comments are requested concerning (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 estimate; (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.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written comments should be submitted on or before August 31, 
2011. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contacts below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, OMB, via fax 
202-395-5167, or via e-mail [email protected]; and to 
Cathy Williams, FCC, via e-mail [email protected] and to 
[email protected]. Include in the comments the OMB control number 
as shown in the ``Supplementary Information'' section below.

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection, contact Cathy Williams at (202) 418-
2918. To view a copy of this information collection 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 OMB control number of 
this ICR and then click on the ICR Reference Number. A copy of the FCC 
submission to OMB will be displayed.

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-1145.
    Title: Structure and Practices of the Video Relay Service Program, 
CG Docket No. 10-51.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 20 respondents; 1,423 
responses.
    Estimated Time per Response: .5 hours (30 minutes) to 50 hours.
    Frequency of Response: Annual, monthly, on occasion, one-time, and 
semi-annually reporting requirements; recordkeeping and third party 
disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefit. The 
statutory authority for the information collection requirements is 
found at Section 225 of the Communications Act, 47 U.S.C. 225. The law 
was enacted on July 26, 1990, as Title IV of the ADA, Pub. L. 101-336, 
104 Stat. 327, 366-69.
    Total Annual Burden: 4,632 hours.
    Total Annual Cost: $35,600.
    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 Impact Assessment: No impact(s).
    Needs and Uses: On April 6, 2011, in document FCC 11-54, the 
Commission released a Report and Order, published at 76 FR 24393, May 
2, 2011, adopting final rules designed to eliminate the waste, fraud 
and abuse that has plagued the VRS program and had threatened its 
ability to continue serving Americans who use it and its long-term 
viability. The Report and Order contains information collection 
requirements with respect to the following eight requirements, all of 
which aims to ensure the sustainability and integrity of the TRS 
program and the TRS Fund. Though the Report and Order emphasizes VRS, 
many of the requirements also apply to other or all forms of TRS--which 
includes the adoption of the interim rule, several new information 
collection requirements; and all the proposed information collection 
requirements, except the ``Transparency and the Disclosure of Provider 
Financial and Call Data'' requirement, as previously proposed and 
published at 75 FR 51735, August 23, 2010.
    (a) Provider Certification Under Penalty of Perjury. The Chief 
Executive Officer (CEO), Chief Financial Officer (CFO), or other senior 
executive of a TRS provider shall certify, under penalty of perjury, 
that: (1) Minutes submitted to the Interstate TRS Fund (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, or payments or kickbacks, 
to generate calls, and (2) cost and demand data submitted to the Fund 
administrator related to the determination of compensation rates or 
methodologies are true and correct.
    (b) Requiring Providers To Submit Information About New and 
Existing Call Centers. VRS providers shall 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 rules require 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. (3) VRS providers shall 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.
    (c) Data Filed With the Fund Administrator To Support Payment

[[Page 45797]]

Claims. VRS providers shall provide the following data associated with 
each VRS call for which a VRS provider seeks compensation in its filing 
with 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; (9) the call center (by assigned center ID number) that 
handles the call; and (10) the URL address through which the call was 
initiated.
    (2) All VRS and IP Relay providers shall submit speed of answer 
compliance data to the Fund administrator.
    (d) Automated Call Data Collection. TRS providers shall 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.
    (e) Record Retention. Internet-based TRS providers shall retain the 
following data that is used to support payment claims submitted to the 
Fund administrator for a minimum of five years, in an electronic 
format: (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.
    (f) Third-party Agreements. (1) VRS providers shall maintain copies 
of all third-party contracts or agreements so that copies of these 
agreements will 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.
    (2) VRS providers shall describe 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, in the providers' annual 
submissions to the TRS Fund administrator.
    (g) Whistleblower Protection. TRS providers shall provide 
information about these TRS whistleblower protections, including the 
right to notify the Commission'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 
their employees in writing (e.g. in employee handbooks, policies and 
procedures manuals, or bulletin board postings--either online or in 
hard copy) must also explicitly include these TRS whistleblower 
protections in those written materials.
    (h) Required Submission for Waiver Request. Potential VRS providers 
wishing to receive a temporary waiver of the provider's eligibility 
rules, shall provide, in writing, a description of the specific 
requirement(s) for which it is seeking a waiver, along with 
documentation demonstrating the applicant's plan and ability to come 
into compliance with all of these requirements (other than the 
certification requirement) within a specified period of time, which 
shall not exceed three months from the date on which the rules become 
effective. Evidence of the applicant's plan and ability to come into 
compliance with the new rules shall include the applicant's detailed 
plan for modifying its business structure and operations in order to 
meet the new requirements, along with submission of the following 
relevant documentation to support the waiver request:
     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 ownership share in the applicant's business and a description 
of the applicant's organizational structure, including the names of its 
executives, officers, partners, and board of directors;
     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, automatic call distribution (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;
     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.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-19409 Filed 7-29-11; 8:45 am]
BILLING CODE 6712-01-P