[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Rules and Regulations]
[Pages 65965-65970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27480]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 64

[CG Docket No. 11-47; FCC 11-150]


Contributions to the Telecommunications Relay Services Fund

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) adopts rules to implement a provision of the Twenty-
First Century Communications and Video Accessibility Act of 2010 
(CVAA), which requires each provider of interconnected voice over 
Internet protocol (VoIP) service or non-interconnected VoIP service to 
begin participating in and contributing to the interstate 
Telecommunications Relay Services (TRS) Fund in a manner prescribed by 
regulation that is consistent with and comparable to the obligations of 
other TRS Fund contributors.

DATES: Effective November 25, 2011.

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

FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Consumer and 
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2075 or e-mail [email protected]. For additional information 
concerning the Paperwork Reduction Act (PRA) information collection 
requirements contained in document FCC 11-150, contact Cathy Williams, 
Federal Communications Commission, at (202) 418-2918 or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Contributions to the Telecommunications Relay Service Fund, Report and 
Order (Order), document FCC 11-150, adopted October 7, 2011, released 
October 7, 2011, in CG Docket No. 11-47.
    The full text of document FCC 11-150 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, 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 11-150 can also be downloaded in Word or 
Portable Document Format (PDF) at http://www.fcc.gov/encyclopedia/twenty-first-century-communications-and-video-accessibility-act-0 and 
at http://transition.fcc.gov/cgb/dro/trs.html. 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) or 202-418-0432 (TTY).

Final Paperwork Reduction Act of 1995 Analysis

    This document contains new and modified information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invited the general public to comment on the 
information collection requirements contained in document FCC 11-150 as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, 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.'' See 
44 U.S.C. 3506(c)(4). In this present document, the Commission has 
assessed the effects of the rules for contributions to the TRS Fund and 
finds that the collection of information requirements will not have a 
significant impact on small business concerns with fewer than 25 
employees. The Commission received pre-approval from OMB for the 
information collection requirements on May 23, 2011, and the 
information collection requirements were adopted as proposed. See OMB 
Control Number 3060-0855.

Congressional Review Act

    The Commission will send a copy of document FCC 11-150 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. Document FCC 11-150 implements a provision of the CVAA, Public 
Law 111-260, 124 Stat. 2751 (2010). The CVAA added a new section 715, 
47 U.S.C. 616, to the Communications Act of 1934, as amended (the Act), 
which

[[Page 65966]]

requires each interconnected VoIP service provider and each provider of 
non-interconnected VoIP service to participate in and contribute to the 
TRS Fund. Section 715 of the Act also requires the Commission to adopt 
regulations to provide for obligations of such providers that are 
consistent with and comparable to the obligations of other contributors 
to the TRS Fund. Currently, providers of interstate and international 
telecommunications services and interconnected VoIP service contribute 
to the TRS Fund, but non-interconnected VoIP providers do not. In 
document FCC 11-150, the Commission affirms that TRS Fund contributions 
are assessed against interstate end-user revenues. Where interstate 
end-user revenues are generated from non-interconnected VoIP services 
offered with other (non-VoIP) services, the Commission directs that TRS 
contributions not be assessed against those revenues unless the 
providers of such services (1) also offer the non-interconnected VoIP 
service on a stand-alone basis for a fee; or (2) also offer the non-
VoIP services without the non-interconnected VoIP services at a 
different (discounted) price. Document FCC 11-150 also affirms that 
only service providers with interstate end-user revenues must 
contribute a minimum of $25 to the TRS Fund. In addition, document FCC 
11-150 addresses registration and reporting requirements, the 
methodology for calculating interstate end-user revenues by non-
interconnected VoIP service providers, and the implementation deadlines 
for these providers.

Background

    2. Section 225 to the Communications Act, 47 U.S.C. 225(b)(1), 
requires the Commission to ensure that TRS are available to enable 
persons with hearing or speech disabilities in the United States to 
make and receive calls. The Commission has recognized and permits 
compensation for various forms of TRS, including TTY-to-voice, speech-
to-speech, captioned telephone relay service, and Internet-based forms 
of TRS, such as video relay service, Internet protocol (IP) relay, and 
IP captioned telephone relay service.
    3. There are two components to the cost recovery framework for 
interstate TRS: (1) Collecting contributions which are put into the TRS 
Fund; and (2) compensating eligible TRS providers from the TRS Fund for 
the costs of providing eligible TRS services. Carriers and, since 2007, 
interconnected VoIP service providers contribute to the TRS Fund on the 
basis of interstate end-user telecommunications and interconnected VoIP 
revenues. The contribution amount is the product of the service 
provider's interstate end-user revenues and a contribution factor 
determined annually by the Commission. Contributors are required to 
register with the Commission, designate a District of Columbia agent 
for service of process, and file a completed Telecommunications 
Reporting Worksheet (FCC Form 499-A) by April 1 of each year to report 
their interstate end-user revenues.
    4. Unlike providers of interconnected VoIP service, providers of 
``non-interconnected VoIP service'' have not been required to 
contribute to the TRS Fund. Nor have non-interconnected VoIP service 
providers been required to register with the Commission, designate a 
District of Columbia agent for service of process, or report revenues 
through the annual filing of FCC Form 499-A for any purpose.
    5. On March 3, 2011, the Commission released a Notice of Proposed 
Rulemaking seeking comment on proposals to implement section 715 of the 
Act's requirement for VoIP service providers to participate in and 
contribute to the TRS Fund. See Contributions to the Telecommunications 
Relay Services Fund, Notice of Proposed Rulemaking, published at 76 FR 
18490, April 4, 2011 (TRS Contribution NPRM).

Definitions

    6. As proposed in the TRS Contribution NPRM, the Commission amends 
the TRS rules to adopt the CVAA definition of ``interconnected VoIP 
service,'' 47 U.S.C. 153(25), as defined in Sec.  9.3 of the 
Commission's rules, ``as such section may be amended from time to 
time.'' See 47 CFR 9.3 of the Commission's rules.
    7. In addition, the Commission adds the definition of ``non-
interconnected VoIP service,'' as set forth in the CVAA, 47 U.S.C. 
153(36), to the TRS rules at 47 CFR 64.601(a). The CVAA defines ``non-
interconnected VoIP service'' as a service that (1) enables real-time 
voice communications that originate from or terminate to the user's 
location using Internet protocol or any successor protocol; (2) 
requires Internet protocol compatible customer premises equipment; and 
(3) does not include any service that is an interconnected VoIP 
service.

Participation in and Contribution to the TRS Fund

    8. Revenue Base. Currently, contributions to the TRS Fund from 
carriers and interconnected VoIP service providers are based on 
``interstate end-user telecommunications revenues.'' 47 CFR 
64.604(c)(5)(iii)(A) of the Commission's rules. To achieve consistency 
with the obligations of other providers that must contribute to the TRS 
Fund, the Commission will base all TRS Fund contributions of non-
interconnected VoIP service providers only on their interstate end-user 
revenues at this time. The Commission will not require non-
interconnected VoIP service providers who do not generate interstate 
end-user revenues (i.e., who offer their services for free) to 
contribute to the TRS Fund. The Commission reserves the right to re-
visit ways to assess contributions based on revenue from alternate or 
additional sources from providers of these technologies (e.g., 
advertising) to support TRS in the future.
    9. Specifically, the Commission requires providers that offer non-
interconnected VoIP services on a stand-alone basis for a fee to 
contribute to the TRS Fund on the basis of their interstate end-user 
revenues generated from such services. The Commission also requires 
providers of non-interconnected VoIP services that are offered with 
other (non-VoIP) services that generate end-user revenues to allocate a 
portion of those end-user revenues to the non-interconnected VoIP 
service in two circumstances: (1) When those providers also offer the 
non-interconnected VoIP service on a stand-alone basis for a fee; or 
(2) when those providers also offer the other (non-VoIP) services 
without the non-interconnected VoIP service feature at a different 
(discounted) price. Such providers may use the safe harbor methods 
established in the CPE Bundling Order for allocating revenues, 
published at 66 FR 19398, April 6, 2001. The Commission also notes that 
nothing in document FCC 11-150 disturbs or calls into question the 
validity of apportioning assessable revenues from bundled services 
offerings for purposes of Universal Service Fund (USF) contributions, 
as currently allowed under the CPE Bundling Order.
    10. For all other providers of non-interconnected VoIP service, the 
Commission finds good cause to waive their TRS Fund contribution 
obligations until further notice. In other words, the Commission waives 
the TRS Fund contribution requirements (registration, reporting, and 
payment of contributions) for providers of non-interconnected VoIP 
services other than (A) providers that offer non-interconnected VoIP 
services on a stand-alone basis for a fee; and (B) providers of non-
interconnected VoIP services that are offered with other (non-VoIP)

[[Page 65967]]

services that generate end-user revenues (1) when those providers also 
offer the non-interconnected VoIP service on a stand-alone basis for a 
fee, or (2) when those providers also offer the other (non-VoIP) 
services without the non-interconnected VoIP service feature at a 
different (discounted) price. As the Commission gains experience with 
the practices of providers of non-interconnected VoIP services, it may 
re-visit the continued need for this waiver and the extent to which it 
needs to revise its rules governing these assessments, to ensure 
consistent and comparable obligations among all TRS Fund contributors.
    11. Minimum Contribution Requirement. The Commission's current 
rules do not require telecommunications or interconnected VoIP service 
providers that have no end-user revenues for a given reporting year to 
contribute the minimum $25 or a ``de minimis'' amount to the TRS Fund. 
Because the Commission finds that imposing a minimum contribution 
requirement for non-interconnected VoIP service providers with no end-
user revenues would not be consistent with or comparable to the 
obligations of other contributors, as directed by the CVAA, it will not 
require a minimum contribution requirement for these providers.
    12. Contributor Registration. The Commission requires non-
interconnected VoIP service providers with interstate end-user revenues 
to register with the Commission and designate a District of Columbia 
agent for service of process. Registration with the Commission includes 
obtaining an FCC registration number (FRN) from the Commission 
registration system (CORES), in accordance with the FCC Form 499-A 
Instructions. The Commission further adopts this registration 
requirement as part of the TRS rules and also amends 47 CFR 1.47(h) of 
its rules to make these requirements applicable to non-interconnected 
VoIP service providers with interstate end-user revenues that are 
subject to contribution to the TRS Fund.
    13. FCC Form 499-A. The Commission amends the TRS rules to require 
non-interconnected VoIP service providers to contribute to the TRS Fund 
and directs them to use FCC Form 499-A to report their interstate end-
user revenues for purposes of TRS Fund contributions. The 2012 version 
of FCC Form 499-A has a new line 418.4 designated for reporting ``non-
interconnected VoIP revenues not included in any other category,'' 
which shall be used for this purpose. The Commission also modifies TRS 
rule 47 CFR 64.604(c)(5)(iii)(A) of its rules by replacing the phrase 
``interstate end-user telecommunications revenues'' with ``interstate 
end-user revenues'' and by deleting the last sentence. These changes 
will serve to distinguish non-interconnected VoIP service revenues from 
telecommunications revenues when these are reported on FCC Form 499-A.
    14. Interstate Revenue Safe Harbor. Because some interconnected 
VoIP service providers may not have the ability to identify whether 
their calls are interstate, the Commission's rules permit an 
interconnected VoIP service provider to use actual revenues, a traffic 
study, or the interim safe harbor percentage of 64.9 (to estimate the 
interstate portion of total end-user revenues) for the purposes of 
reporting interstate end-user revenues on the FCC Form 499-A and making 
TRS Fund contributions. The Commission now concludes that it is also 
appropriate to permit non-interconnected VoIP service providers to 
report their interstate end-user revenues using actual revenues, a 
traffic study, or the interim 64.9 percent safe harbor.
    15. Billed or Collected Revenue. The Commission concludes that, 
consistent with the manner in which USF assessable revenues are 
determined, the contribution base for TRS will be determined from gross 
billed revenues, minus uncollectible revenues/bad debt expenses. 
Revising calculations in this manner will achieve greater consistency 
in the administration of the USF and TRS Fund.
    16. Conforming Amendments to Rules. The Commission replaces the 
terms ``carrier,'' ``carriers,'' and ``service providers'' in 47 CFR 
64.604(c)(5)(iii)(B) of its rules with the term ``contributor(s).'' 
Similarly, the Commission replaces the terms ``interstate end-user 
telecommunications revenues'' and ``interstate end-user revenues of 
such services'' in 47 CFR 64.604(c)(5)(iii)(B) of its rules with the 
term ``revenues subject to contributions.''
    17. Implementation Deadlines. Section 715 of the Act requires the 
Commission to ensure that each provider of interconnected and non-
interconnected VoIP service participates in and contributes to the TRS 
Fund within one year after the CVAA's enactment, i.e., by October 8, 
2011. Interconnected VoIP service providers have already met this 
statutory requirement because they have been reporting revenues and 
contributing to the TRS Fund on an annual basis since 2007. The 
Commission adopts the following deadlines for non-interconnected VoIP 
service providers that have interstate end-user revenues that are 
subject to contribution to the TRS Fund:
     By December 31, 2011, non-interconnected VoIP service 
providers shall register with the Commission and designate a District 
of Columbia agent for service of process using FCC Form 499-A in 
accordance with the form's instructions.
     By April 1, 2012, non-interconnected VoIP service 
providers shall complete and submit FCC Form 499-A to report fourth-
quarter 2011 interstate end-user revenues, which shall be the basis for 
TRS Fund contributions for the 2012-2013 funding period.

Final Regulatory Flexibility Certification

    18. 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 
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 that: (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.
    19. The Commission adopts rules to require providers of non-
interconnected VoIP service to contribute to the interstate TRS Fund. 
Non-interconnected VoIP services enable real-time voice communications 
that originate from or terminate to the user's location using Internet 
protocol or any successor protocol, requires Internet protocol 
compatible customer premises equipment, and does not include any 
service that is an interconnected VoIP service. 47 U.S.C. 153(36). TRS 
are services that enable individuals who are deaf, hard of hearing, 
deaf-blind, or who have a speech disability to make and receive calls. 
47 U.S.C. 225(b)(1). There are two components to the cost recovery 
framework for interstate TRS: (1) Collecting contributions which are 
put into the interstate TRS Fund; and (2) compensating TRS providers 
from the

[[Page 65968]]

TRS Fund for the costs of providing TRS services. Document FCC 11-150 
addresses the first component--contributions to the interstate TRS 
Fund.
    20. In summary, the rules adopted in document FCC 11-150 require 
providers of non-interconnected VoIP services that generate interstate 
end-user revenues to take the following actions: Register with the 
Commission; designate a District of Columbia agent for service of 
process; complete and submit a Telecommunications Reporting Worksheet 
(FCC Form 499-A) annually to report their interstate end-user revenues; 
and contribute approximately one percent of their interstate end-user 
revenues or a minimum $25 to the TRS Fund. As described more fully 
below, these actions will not have a significant economic impact on 
providers of non-interconnected VoIP services with interstate end-user 
revenues. Further, the rules adopted in document FCC 11-150 will have 
no economic impact on providers of free non-interconnected VoIP 
services, because those providers are not required to take any action.
    21. In the TRS Contribution NPRM, published at 76 FR 18490, April 
4, 2011, the Commission concluded that no Initial Regulatory 
Flexibility Analysis was required because, even if a substantial number 
of small entities might be affected by the proposed rules, the 
cumulative economic impact on any entity required to participate in and 
contribute to the TRS Fund will be de minimis. The Commission now 
certifies that the rules adopted in document FCC 11-150 will not have a 
significant economic impact on a substantial number of small entities.
    22. The rules adopted in document FCC 11-150 implement section 
103(b) of the CVAA, Public Law 111-260, section 103(b), 124 Stat. 2751, 
2755 (2010). Section 103(b) of the CVAA adds section 715 to the 
Communications Act. 47 U.S.C. 616. Section 715 of the Act requires each 
provider of interconnected VoIP service provider or non-interconnected 
VoIP service to participate in and contribute to the interstate TRS 
Fund by October 8, 2011, in a manner that is consistent with and 
comparable to the obligations of other TRS Fund contributors. Carriers 
have been contributing to the TRS Fund since its inception. Providers 
of interconnected VoIP services have been contributing to the TRS Fund 
since 2007. The CVAA, in effect, affirms the contribution requirement 
for providers of interconnected VoIP services, and extends this 
contribution requirement to non-interconnected VoIP service providers.
    23. Currently, all TRS Fund contributors must register with the 
Commission and designate a District of Columbia agent for service of 
process. Contributors file a completed FCC Form 499-A annually to 
report their interstate end-user revenues. Contributions to the TRS 
Fund are made on the basis of interstate end-user revenues. The amount 
of interstate end-user revenues reported on FCC Form 499-A is 
multiplied by a contribution factor, determined annually by the 
Commission, to compute the amount of the TRS Fund contribution for that 
year. Historically, contributions to the TRS Fund have been slightly 
less than one percent of interstate end-user revenues.
    24. The rules adopted in document FCC 11-150 require non-
interconnected VoIP service providers with interstate end-user revenues 
to also register with the Commission and designate a District of 
Columbia agent for service of process using FCC Form 499-A in 
accordance with its instructions. These providers must also complete 
and submit FCC Form 499-A annually to report their interstate end-user 
revenues. It has previously been estimated that filling out the FCC 
Form 499-A takes 13.5 hours (i.e., less than two work days of a single 
full-time employee) annually. Thus, completing and submitting FCC Form 
499-A does not have a significant economic impact upon small entities.
    25. Document FCC 11-150 affirms that contributions to the TRS Fund 
are made on the basis of interstate end-user revenues. Non-
interconnected VoIP service providers that offer their services for 
free have no interstate end-user revenues and, therefore, no 
requirement to register with the Commission, designate a District of 
Columbia agent for service of process, complete and submit a FCC Form 
499-A, or contribute any amount to the TRS Fund. Consequently, these 
rules will not have any economic impact on providers of free non-
interconnected VoIP services.
    26. TRS Fund contributions will be assessed against interstate end-
user revenues from non-interconnected VoIP services provided as a 
stand-alone offering for a fee (not for free). TRS Fund contributions 
will also be assessed against the interstate end-user revenues 
generated from other (non-VoIP) services (e.g., a video gaming service) 
that have a non-interconnected VoIP service feature or function: (1) 
When these providers also offer the non-interconnected VoIP service on 
a stand-alone basis for a fee; or (2) when these providers also offer 
the other (non-VoIP) services without the non-interconnected VoIP 
service feature at a different (discounted) price. Such providers may 
use the safe harbor methods identified in the CPE Bundling Order for 
allocating and reporting revenues. See CPE Bundling Order, published at 
66 FR 19393, April 16, 2001. Historically, contributions to the TRS 
Fund have been slightly less than one percent of revenues. The 
contribution factor for the 2011-2012 TRS Fund year is 1.058 percent. 
See Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals With Hearing and Speech Disabilities; Structure and 
Practices of the Video Relay Service Program, Order, published at 76 FR 
44326, July 25, 2011. This contribution rate will not have a 
significant economic impact upon small entities.
    27. Document FCC 11-150 also affirms that service providers with 
interstate end-user revenues must contribute a minimum of $25 to the 
TRS Fund. See 47 CFR 64.604(c)(5)(iii)(B) of the Commission's rules. A 
$25 contribution does not constitute a significant economic impact on 
small entities.
    28. Therefore, based on the foregoing analysis of all foreseeable 
economic impacts, the Commission certifies that the requirements of 
document FCC 11-150 will not have a significant economic impact on a 
substantial number of small entities.
    29. The Commission will send a copy of document FCC 11-150, 
including a copy of the Final Regulatory Flexibility Certification, in 
a report to Congress pursuant to the Congressional Review Act. See 5 
U.S.C. 801(a)(1)(A). In addition, document FCC 11-150 and the final 
certification will be sent to the Chief Counsel for Advocacy of the 
SBA. 5 U.S.C. 605(b).

Ordering Clauses

    Pursuant to the authority contained in sections 1, 4(i), 4(j), 225, 
and 715 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 225, and 616, document FCC 11-150 is adopted.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, SHALL SEND a copy of document FCC 11-150, 
including the Final Regulatory Flexibility Certification, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects

47 CFR Part 1

    Communications common carriers, Reporting and recordkeeping 
requirements, Telecommunications.

[[Page 65969]]

47 CFR Part 64

    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 parts 1 and 64 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), and 309.

0
2. In Sec.  1.47, revise paragraph (h) to read as follows:


Sec.  1.47  Service of documents and proof of service.

* * * * *
    (h) Every common carrier and interconnected VoIP provider, as 
defined in Sec.  54.5 of this chapter, and non-interconnected VoIP 
provider, as defined in Sec.  64.601(a)(15) of this chapter and with 
interstate end-user revenues that are subject to contribution to the 
Telecommunications Relay Service Fund, that is subject to the 
Communications Act of 1934, as amended, shall designate an agent in the 
District of Columbia, and may designate additional agents if it so 
chooses, upon whom service of all notices, process, orders, decisions, 
and requirements of the Commission may be made for and on behalf of 
such carrier, interconnected VoIP provider, or non-interconnected VoIP 
provider in any proceeding before the Commission. Such designation 
shall include, for the carrier, interconnected VoIP provider, or non-
interconnected VoIP provider and its designated agents, a name, 
business address, telephone or voicemail number, facsimile number, and, 
if available, Internet e-mail address. Such carrier, interconnected 
VoIP provider, or non-interconnected VoIP provider shall additionally 
list any other names by which it is known or under which it does 
business, and, if the carrier, interconnected VoIP provider, or non-
interconnected VoIP provider is an affiliated company, the parent, 
holding, or management company. Within thirty (30) days of the 
commencement of provision of service, such carrier, interconnected VoIP 
provider, or non-interconnected VoIP provider shall file such 
information with the Chief of the Enforcement Bureau's Market Disputes 
Resolution Division. Such carriers, interconnected VoIP providers, and 
non-interconnected VoIP providers may file a hard copy of the relevant 
portion of the Telecommunications Reporting Worksheet, as delineated by 
the Commission in the Federal Register, to satisfy this requirement. 
Each Telecommunications Reporting Worksheet filed annually by a common 
carrier, interconnected VoIP provider, or non-interconnected VoIP 
provider must contain a name, business address, telephone or voicemail 
number, facsimile number, and, if available, Internet e-mail address 
for its designated agents, regardless of whether such information has 
been revised since the previous filing. Carriers, interconnected VoIP 
providers, and non-interconnected VoIP providers must notify the 
Commission within one week of any changes in their designation 
information by filing revised portions of the Telecommunications 
Reporting Worksheet with the Chief of the Enforcement Bureau's Market 
Disputes Resolution Division. A paper copy of this designation list 
shall be maintained in the Office of the Secretary of the Commission. 
Service of any notice, process, orders, decisions or requirements of 
the Commission may be made upon such carrier, interconnected VoIP 
provider, or non-interconnected VoIP provider by leaving a copy thereof 
with such designated agent at his office or usual place of residence. 
If such carrier, interconnected VoIP provider, or non-interconnected 
VoIP provider fails to designate such an agent, service of any notice 
or other process in any proceeding before the Commission, or of any 
order, decision, or requirement of the Commission, may be made by 
posting such notice, process, order, requirement, or decision in the 
Office of the Secretary of the Commission.

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
3. The authority citation for part 64 is revised to read as follows:

    Authority: 47 U.S.C. 154, 254(k), 227; secs. 404(b)(2)(B), (c), 
Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 
218, 222, 225, 226, 227, 228, 254(k), 616, and 620, unless otherwise 
noted.

Subpart F--Telecommunications Relay Services and Related Customer 
Premises Equipment for Persons With Disabilities

0
4. The authority citation for subpart F is revised to read as follows:

    Authority: 47 U.S.C. 151-154; 225, 255, 303(r), 616, and 620.

0
5. In Sec.  64.601, revise paragraph (a)(10), redesignate paragraphs 
(a)(15) through (a)(28) as paragraphs (a)(16) through (a)(29), and add 
new paragraph (a)(15) to read as follows:


Sec.  64.601   Definitions and provisions of general applicability.

    (a) * * *
    (10) Interconnected VoIP service. The term ``interconnected VoIP 
service'' has the meaning given such term under Sec.  9.3 of title 47, 
Code of Federal Regulations, as such section may be amended from time 
to time.
* * * * *
    (15) Non-interconnected VoIP service. The term ``non-interconnected 
VoIP service''--
    (i) Means a service that--
    (A) Enables real-time voice communications that originate from or 
terminate to the user's location using Internet protocol or any 
successor protocol; and
    (B) Requires Internet protocol compatible customer premises 
equipment; and
    (ii) Does not include any service that is an interconnected VoIP 
service.
* * * * *
    6. In Sec.  64.604, revise paragraphs (c)(5)(iii)(A) and 
(c)(5)(iii)(B), remove paragraph (c)(5)(iii)(D), redesignate paragraph 
(c)(5)(iii)(C) as paragraph (c)(5)(iii)(D), and add new paragraph 
(c)(5)(iii)(C) to read as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (A) Contributions. Every carrier providing interstate 
telecommunications services (including interconnected VoIP service 
providers pursuant to Sec.  64.601(b)) and every provider of non-
interconnected VoIP service shall contribute to the TRS Fund on the 
basis of interstate end-user revenues as described herein. 
Contributions shall be made by all carriers who provide interstate 
services, including, but not limited to, cellular telephone and paging, 
mobile radio, operator services, personal communications service (PCS), 
access (including subscriber line charges), alternative access and 
special access, packet-switched, WATS, 800, 900, message telephone 
service (MTS), private line, telex, telegraph, video, satellite, 
intraLATA, international and resale services.
    (B) Contribution computations. Contributors' contributions to the 
TRS fund shall be the product of their

[[Page 65970]]

subject revenues for the prior calendar year and a contribution factor 
determined annually by the Commission. The contribution factor shall be 
based on the ratio between expected TRS Fund expenses to the 
contributors' revenues subject to contribution. In the event that 
contributions exceed TRS payments and administrative costs, the 
contribution factor for the following year will be adjusted by an 
appropriate amount, taking into consideration projected cost and usage 
changes. In the event that contributions are inadequate, the fund 
administrator may request authority from the Commission to borrow funds 
commercially, with such debt secured by future years' contributions. 
Each subject contributor that has revenues subject to contribution must 
contribute at least $25 per year. Contributors whose annual 
contributions total less than $1,200 must pay the entire contribution 
at the beginning of the contribution period. Contributors whose 
contributions total $1,200 or more may divide their contributions into 
equal monthly payments. Contributors shall complete and submit, and 
contributions shall be based on, a ``Telecommunications Reporting 
Worksheet'' (as published by the Commission in the Federal Register). 
The worksheet shall be certified to by an officer of the contributor, 
and subject to verification by the Commission or the administrator at 
the discretion of the Commission. Contributors' statements in the 
worksheet shall be subject to the provisions of section 220 of the 
Communications Act of 1934, as amended. The fund administrator may bill 
contributors a separate assessment for reasonable administrative 
expenses and interest resulting from improper filing or overdue 
contributions. The Chief of the Consumer and Governmental Affairs 
Bureau may waive, reduce, modify or eliminate contributor reporting 
requirements that prove unnecessary and require additional reporting 
requirements that the Bureau deems necessary to the sound and efficient 
administration of the TRS Fund.
    (C) Registration Requirements for Providers of Non-Interconnected 
VoIP Service.
    (1). Applicability. A non-interconnected VoIP service provider that 
will provide interstate service that generates interstate end-user 
revenue that is subject to contribution to the Telecommunications Relay 
Service Fund shall file the registration information described in 
paragraph (c)(5)(iii)(C)(2) of this section in accordance with the 
procedures described in paragraphs (c)(5)(iii)(C)(3) and 
(c)(5)(iii)(C)(4) of this section. Any non-interconnected VoIP service 
provider already providing interstate service that generates interstate 
end-user revenue that is subject to contribution to the 
Telecommunications Relay Service Fund on the effective date of these 
rules shall submit the relevant portion of its FCC Form 499-A in 
accordance with paragraphs (c)(5)(iii)(C)(2) and (3) of this section.
    (2). Information required for purposes of TRS Fund contributions. A 
non-interconnected VoIP service provider that is subject to the 
registration requirement pursuant to paragraph (c)(5)(iii)(C)(1) of 
this section shall provide the following information:
    (i) The provider's business name(s) and primary address;
    (ii) The names and business addresses of the provider's chief 
executive officer, chairman, and president, or, in the event that a 
provider does not have such executives, three similarly senior-level 
officials of the provider;
    (iii) The provider's regulatory contact and/or designated agent;
    (iv) All names that the provider has used in the past; and
    (v) The state(s) in which the provider provides such service.
    (3). Submission of registration. A provider that is subject to the 
registration requirement pursuant to paragraph (c)(5)(iii)(C)(1) of 
this section shall submit the information described in paragraph 
(c)(5)(iii)(C)(2) of this section in accordance with the Instructions 
to FCC Form 499-A. FCC Form 499-A must be submitted under oath and 
penalty of perjury.
    (4). Changes in information. A provider must notify the Commission 
of any changes to the information provided pursuant to paragraph 
(c)(5)(iii)(C)(2) of this section within no more than one week of the 
change. Providers may satisfy this requirement by filing the relevant 
portion of FCC Form 499-A in accordance with the Instructions to such 
form.
* * * * *

[FR Doc. 2011-27480 Filed 10-24-11; 8:45 am]
BILLING CODE 6712-01-P