[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Rules and Regulations]
[Pages 59557-59559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24860]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 10-51; FCC 11-118 and DA 11-1590]


Structure and Practices of the Video Relay Service Program

AGENCY: Federal Communications Commission.

ACTION: Final rule; petition for reconsideration.

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SUMMARY: In this document, the Commission gives notice of two Petitions 
for Reconsideration (Petitions) filed in the Commission's rulemaking 
proceeding concerning Structure and Practices of the Video Relay 
Service Program, Second Report and Order and Order in CG Docket No. 10-
51 (Second Report and Order), and sets an expedited schedule for filing 
oppositions and replies. In light of impending deadlines for initial 
and

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recertification Video Relay Service (VRS) applications, and to avoid 
waste, fraud, and abuse in the VRS program, the Commission finds that 
good cause exists in this instance to alter the comment periods 
specified in the Commission's rules.

DATES: Oppositions to the Petitions are due on or before October 7, 
2011. Replies to oppositions are due on or before October 12, 2011.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, (202) 559-5158 (VP), 
or e-mail, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of document DA 11-1590, 
released September 22, 2011. The full text of document DA 11-1590 and 
copies of any subsequently filed documents in this matter will be 
available for public inspection and copying during normal business 
hours at the FCC Reference Information Center, Portals II, 445 12th 
Street, SW., Room CY-A257, Washington DC 20554. Document DA 11-1590 and 
copies of subsequently filed documents in this matter may also be 
purchased from the Commission's duplicating contractor, Best Copy and 
Printing, Inc. (BCPI), at Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554. Customers may contact BCPI at its Web site, 
http://www.bcpiweb.com, by calling (800) 378-3160 or (202) 863-2893, by 
facsimile at (202) 863-2898, or via e-mail at http://www.bcpiweb.com.
    Oppositions and Replies. Pursuant to Sec.  1.429 of the 
Commission's rules, interested parties may file oppositions and replies 
to an opposition on or before the dates indicated on the first page of 
this document. Such pleadings may be filed using: (1) The Commission's 
Electronic Comment Filing System (ECFS); or (2) by filing paper copies. 
All filings should reference the docket number of this proceeding, CG 
Docket No. 10-51. The oppositions and replies filed in response to 
document DA 11-1590 will be available via the ECFS at: http://fjallfoss.fcc.gov/ecfs2/; you may search by docket number (CG Docket 
No. 10-51).
     Oppositions and replies may be filed electronically using 
the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. 
Filers should follow the instructions provided on the Web site for 
submitting comments. In completing the transmittal screen, ECFS filers 
should include their full name, U.S. Postal Service mailing address, 
and CG Docket No. 10-51.
     Parties who choose to file by paper must file an original 
and one copy 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. 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. The filing hours 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes or boxes must be disposed of 
before entering the building.
     Commercial 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 must be addressed to 445 12th Street, SW., Washington, DC 20554.

Ex Parte Proceeding

    This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. See 47 
CFR 1.1200 et seq. Persons making ex parte presentations must file a 
copy of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must: (1) List all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made; and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with Sec.  1.1206(b) of the Commission's rules. In 
proceedings governed by Sec.  1.49(f) of the rules or for which the 
Commission has made available a method of electronic filing, written ex 
parte presentations and memoranda summarizing oral ex parte 
presentations, and all attachments thereto, must be filed through the 
electronic comment filing system available for that proceeding, and 
must be filed in their native format (e.g., .doc, .xml, .ppt, 
searchable .pdf). Participants in this proceeding should familiarize 
themselves with the Commission's ex parte rules.
    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).

Congressional Review Act

    The Commission will not send a copy of document DA 11-1590 pursuant 
to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because it does 
not have an impact on any rules of particular applicability.

Synopsis

    1. Notice is hereby given that the parties listed have petitioned 
the Commission for reconsideration and clarification of the Second 
Report and Order in CG Docket No. 10-51, FCC 11-118, published at 76 FR 
47469, August 5, 2011. In the Second Report and Order, the Commission 
required that, as part of their initial iTRS certification applications 
and in annual updates, VRS providers describe the technology and 
equipment used to support their call center functions (including but 
not limited to automatic call distribution, routing, call setup, 
mapping, call features, billing for compensation from the Interstate 
TRS Fund (TRS Fund), and registration), and for each core call center 
function, state whether it is owned or leased, and from whom if leased 
or licensed, and provide proofs of purchase, license agreements, or 
leases; and (2) a list of all sponsorship or marketing arrangements and 
associated agreements relating to iTRS.
    2. The Second Report and Order also adopted a requirement that, in 
order to receive certification from the Commission, which is necessary 
to be eligible to receive compensation from the TRS Fund, all iTRS 
providers must operate their own calling facilities and employ their 
own communication assistants. In addition, the Second Report and Order 
adopted a requirement that any VRS provider that

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is leasing an automatic call distribution (ACD) platform from an 
eligible provider or from a third-party non-provider must have a 
written lease for such ACD platform and must include a copy of such 
written lease with its application for certification, and that a VRS 
provider leasing an ACD platform from an eligible provider must locate 
the ACD platform on its own premises and must use its own employees to 
manage the ACD platform.
    3. Providers currently eligible for compensation from the TRS Fund 
via a means other than Commission certification must apply for 
certification within 30 days after the rules adopted in the Second 
Report and Order become effective, and providers with Commission 
certifications expiring November 4, 2011 must apply for recertification 
after the rules become effective but at least 30 days prior to their 
expiration provided that the rules are effective by that date, or risk 
having to shut down their operations and being denied compensation from 
the TRS Fund. In light of these impending deadlines for initial and 
recertification applications, and to avoid waste, fraud, and abuse in 
the VRS program, the Commission finds that good cause exists in this 
instance to alter the comment periods specified in Sec.  1.429 of the 
Commission's rules. See 47 CFR 1.3 (providing for suspension, 
amendment, or waiver of Commission rules, in whole or in part, for good 
cause shown, and on the Commission's own motion).
    Listed below are the parties filing petitions for reconsideration 
and clarification of the Second Report and Order and Order in CG Docket 
No. 10-51:
    Sorenson Communications, Inc. (September 6, 2011).
    AT&T Services, Inc. (September 6, 2011).

Federal Communications Commission.
Joel Gurin,
Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2011-24860 Filed 9-26-11; 8:45 am]
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