[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59269-59271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24623]


=======================================================================
-----------------------------------------------------------------------

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; announcement of effective date.

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

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's Structure 
and Practices of the Video Relay Service Program, Report and Order 
(Report and Order). The information collection requirements were 
approved on September 16, 2011 by OMB.

DATES: 47 CFR 64.604(c)(5)(iii)(C)(2), (3), (4), and (7); 
64.604(c)(5)(iii)(M); 64.604(c)(5)(iii)(N)(1)(v); and 
64.604(c)(5)(iii)(N)(2), published at 76 FR 24393, May 2, 2011, and 
corrected on May 27, 2011, published at 76 FR 30841 are effective 
September 26, 2011.

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

SUPPLEMENTARY INFORMATION: This document announces that, on September 
16, 2011, OMB approved, for a period of three years, the information 
collection requirements contained in 47 CFR 64.604(c)(5)(iii)(C)(2), 
(3), (4), and (7); 64.604(c)(5)(iii)(M); 64.604(c)(5)(iii)(N)(1)(v); 
and 64.604(c)(5)(iii)(N)(2). The Commission publishes this document to 
announce the effective date of these rule sections. See, In the Matter 
of Structure and Practices of the Video Relay Service Program, CG 
Docket No. 10-51; FCC 11-54, published at 76 FR 24393, May 2, 2011, and 
corrected on May 27, 2011, published at 76 FR 30841. If you have any 
comments on the burden estimates listed below, or how the Commission 
can improve the collections and reduce any burdens caused thereby, 
please contact Cathy Williams, Federal Communications Commission, Room 
1-C823, 445 12th Street, SW., Washington, DC 20554. Please include the 
OMB Control Number, 3060-1145, in your correspondence. The Commission 
will also accept your comments via the Internet if you send them to 
[email protected].
    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).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 
October 1, 1995 and 44 U.S.C. 3507), the FCC is notifying the public 
that it received OMB approval on September 16, 2011, for the 
information collection requirements contained in the Commission's rules 
at 47 CFR 64.604(c)(5)(iii)(C)(2), (3), (4), and (7); 
64.604(c)(5)(iii)(M); 64.604(c)(5)(iii)(N)(1)(v); and 
64.604(c)(5)(iii)(N)(2).
    Under 5 CFR 1320, an agency may not conduct or sponsor a collection 
of information unless it displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number.
    The OMB Control Number is 3060-1145 and the total annual reporting 
burdens and costs for the respondents are as follows:
    OMB Control Number: 3060-1145.
    OMB Approval Date: September 16, 2011.
    OMB Expiration Date: September 30, 2014.
    Title: Structure and Practices of the Video Relay Services 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: .017 (1 minute) to 25 hours.

[[Page 59270]]

    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 Americans with 
Disabilities Act, Public Law 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, 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. (2) 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 
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.

[[Page 59271]]

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. 2011-24623 Filed 9-23-11; 8:45 am]
BILLING CODE 6712-01-P