[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Notices]
[Pages 41981-41983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17345]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Approved by the Office of Management and 
Budget (OMB)

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: The Federal Communications Commission (FCC) has received 
Office of Management and Budget (OMB) approval for the following public 
information collections pursuant to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520). An agency may not conduct or sponsor a 
collection of information unless it displays a currently valid OMB 
control number,

[[Page 41982]]

and no person is required to respond to a collection of information 
unless it displays a currently valid control number.

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Disability Rights 
Office, Consumer and Governmental Affairs Bureau, at (202) 559-5158 
(voice and videophone), or email: [email protected] 
[email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control No.: 3060-1150.
    OMB Approval Date: 06/21/2012.
    Expiration Date: 06/30/2015.
    Title: Structure and Practices of the Video Relay Service Program, 
Second Report and Order and Order, CG Docket No. 10-51.
    Form No.: N/A.
    Estimated Annual Burden: 28 respondents; 89 responses; .017 hours 
(1 minute) to 50 hours per response; 934 burden hours per year; $0 
annual cost burden.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is found in 
sections 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.
    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 July 28, 2011, in document FCC 11-118, the 
Commission released a Second Report and Order and Order, published at 
76 FR 47469, August 5, 2011, and at 76 FR 47476, August 5, 2011, 
adopting the final and interim rules--designed to help prevent fraud 
and abuse, and ensure quality service, in the provision of Internet-
based forms of Telecommunications Relay Service (iTRS). The Second 
Report and Order and Order amends the Commission's process for 
certifying iTRS providers as eligible for compensation from the 
Interstate TRS Fund (Fund) for their provision of iTRS, as proposed in 
the Commission's April 2011 Further Notice of Proposed Rulemaking in 
the Video Relay Service (VRS) reform proceeding, CG Docket No. 10-51, 
published at 76 FR 24437, May 2, 2011. The Commission adopted the newly 
revised certification process to ensure that iTRS providers receiving 
certification are qualified to provide iTRS in compliance with the 
Commission's rules, and to eliminate waste, fraud and abuse through 
improved oversight of such providers.
    The Second Report and Order and Order contains information 
collection requirements with respect to the following four 
requirements, all of which aims to ensure that providers are qualified 
to receive compensation from the Fund for the provision of iTRS and 
that the services are provided in compliance with the Commission's 
rules with no or minimal service interruption.
    (A) Required Evidence for Submission for Eligibility Certification. 
The Second Report and Order and Order require that applicants must 
provide full and detailed information in its application for 
certification that show its ability to comply with the Commission's 
rules. The Second Report and Order and Order requires that applicants 
must provide a detailed description of how the applicant will meet all 
non-waived mandatory minimum standards applicable to each form of TRS 
offered, including documentary and other evidence, and in the case of 
VRS, such documentary and other evidence shall demonstrate that the 
applicant leases, licenses or has acquired its own facilities and 
operates such facilities associated with TRS call centers and employs 
their own communications assistants (CAs), on a full or part-time 
basis, to staff such call centers at the date of the application. Such 
evidence shall include but not be limited to:
    1. For VRS applicants operating five or fewer call centers within 
the United States, a copy of each deed or lease for each call center 
operated by the applicant within the United States;
    2. For VRS applicants operating more than five call centers within 
the United States, a copy of each deed or lease for a representative 
sampling (taking into account size (by number of CAs) and location) of 
five call centers operated by the applicant within the United States, 
together with a list of all other call center that they operate that 
includes the information required under section 64.604 
(c)(5)(iii)(N)(2) of the Commission's rules;
    3. For VRS applicants operating call centers outside of the United 
States, a copy of each deed or lease for each call center operated by 
the applicant outside of the United States; and
    4. For all applicants, a list of individuals or entities that hold 
at least a 10 percent equity interest in the applicant, have the power 
to vote 10 percent or more of the securities of the applicant, or 
exercise de jure or de facto control over the applicant, a description 
of the applicant's organizational structure, and the names of its 
executives, officers, members of its board of directors, general 
partners (in the case of a partnership), and managing members (in the 
case of a limited liability company);
    5. For all applicants, a list of the number of applicant's full-
time and part-time employees involved in TRS operations, including and 
divided by the following positions: executives and officers; video 
phone installers (in the case of VRS), CAs, and persons involved in 
marketing and sponsorship activities;
    6. Where applicable, a description of the call center 
infrastructure, and for all core call center functions (automatic call 
distribution, routing, call setup, mapping, call features, billing for 
compensation from the Fund, and registration) a statement whether such 
equipment is owned, leased or licensed (and from whom if leased or 
licensed) and proofs of purchase, leases or license agreements, 
including a complete copy of any lease or license agreement for 
automatic call distribution;
    7. For all applicants, copies of employment agreements for all of 
the provider's executives and CAs need not be submitted with the 
application, but must be retained by the applicant and submitted to the 
Commission upon request; and
    8. For all applicants, a list of all sponsorship arrangements 
relating to Internet-based TRS, including any associated written 
agreements.
    (B) Submission of Annual Report. The Second Report and Order and 
Order requires that providers submit annual reports that include 
updates to the information listed under Section A above or certify that 
there are no changes to the information listed under Section A above.
    (C) Requiring Providers to Seek Prior Authorization of Voluntary 
Interruption of Service. The Second Report and Order and Order requires 
that a VRS provider seeking to voluntarily interrupt service for a 
period of 30 minutes or more in duration must first obtain Commission 
authorization by submitting a written request to the Commission's 
Consumer and Governmental Affairs Bureau (CGB) at least 60 days prior 
to any planned service interruption, with detailed information of:
    (i) Its justification for such interruption;
    (ii) Its plan to notify customers about the impending interruption; 
and
    (iii) Its plans for resuming service, so as to minimize the impact 
of such disruption on consumers through a smooth transition of 
temporary service to another provider, and restoration of

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its service at the completion of such interruption.
    (D) Reporting of Unforeseen Service Interruptions. With respect to 
brief, unforeseen service interruptions or in the event of a VRS 
provider's voluntary service interruption of less than 30 minutes in 
duration, the Second Report and Order and Order requires that the 
affected provider submit a written notification to CGB within two 
business days of the commencement of the service interruption, with an 
explanation of when and how the provider has restored service or the 
provider's plan to do so imminently. In the event the provider has not 
restored service at the time such report is filed, the provider must 
submit a second report within two business days of the restoration of 
service with an explanation of when and how the provider has restored 
service.
    (E) Applicant Certifying Under Penalty of Perjury for Certification 
Application.
    The chief executive officer (CEO), chief financial officer (CFO), 
or other senior executive of an applicant for Internet-based TRS 
certification with first hand knowledge of the accuracy and 
completeness of the information provided, when submitting an 
application for certification for eligibility to receive compensation 
from the Intestate TRS Fund, must certify under penalty of perjury that 
all application information required under the Commission's rules and 
orders has been provided and that all statements of fact, as well as 
all documentation contained in the application submission, are true, 
accurate, and complete.
    (F) Certified Provider Certifying Under Penalty of Perjury for 
Annual Compliance Filings.
    The Second Report and Order and Order requires the chief executive 
officer (CEO), chief financial officer (CFO), or other senior executive 
of an Internet-based TRS provider with first hand knowledge of the 
accuracy and completeness of the information provided, when submitting 
an annual compliance report under paragraph (g) of Sec.  64.606 of the 
Commission's rules, must certify under penalty of perjury that all 
information required under the Commission's rules and orders has been 
provided and all statements of fact, as well as all documentation 
contained in the annual compliance report submission, are true, 
accurate, and complete.
    (G) Notification of Service Cessation.
    The Second Report and Order and Order requires the applicant for 
certification must give its customers at least 30 days notice that it 
will no longer provide service should the Commission determine that the 
applicant's certification application does not qualify for 
certification under paragraph (a)(2) of section 64.606 of the 
Commission's rules.
    (H) Notification on Web site.
    The Second Report and Order and Order requires the provider must 
provide notification of temporary service outages to consumers on an 
accessible Web site, and the provider must ensure that the information 
regarding service status is updated on its Web site in a timely manner.
    On October 17, 2011, in document FCC 11-155, the Commission 
released a Memorandum Opinion and Order (MO&O), published at 76 FR 
67070, October 31, 2011, addressing the petition for reconsideration 
filed by Sorenson Communications, Inc. (Sorenson). Sorenson 
concurrently filed a PRA comment challenging two aspects of the 
information collection requirements as being too burdensome. In 
response, the Commission modified the information collection 
requirements contained in the July 28, 2011 Second Report and Order and 
Order. Specifically, in the MO&O, the Commission revised the language 
in the rules to require that providers that operate five or more 
domestic call centers only submit copies of proofs of purchase, leases 
or license agreements for technology and equipment used to support 
their call center functions for five of their call centers that 
constitute a representative sample of their centers, rather than 
requiring copies for all call centers. Further, the Commission 
clarified that the rule requiring submission of a list of all 
sponsorship arrangements relating to iTRS only requires that a 
certification applicant include on the list associated written 
agreements, and does not require the applicant to provide copies of all 
written agreements.
    Therefore, the information collection requirement listed above in 
section (A) 6 and 8 were revised to read as follows:
    6. A description of 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 TRS Fund, and registration--and for each core 
function of each call center for which the applicant must provide a 
copy of technology and equipment proofs of purchase, leases or license 
agreements in accordance with paragraphs (a)-(d) listed below, a 
statement whether such technology and equipment is owned, leased or 
licensed (and from whom if leased or licensed);
    (a) For VRS providers operating five or fewer call centers within 
the United States, a copy of each proof of purchase, lease or license 
agreement for all technology and equipment used to support their call 
center functions, for each call center operated by the applicant within 
the United States;
    (b) For VRS providers operating more than five call centers within 
the United States, a copy of each proof of purchase, lease or license 
agreement for technology and equipment used to support their call 
center functions for a representative sampling (taking into account 
size (by number of communications assistants) and location) of five 
call centers operated by the applicant within the United States; a copy 
of each proof of purchase, lease or license agreement for technology 
and equipment used to support their call center functions for all call 
centers operated by the applicant within the United States must be 
retained by the applicant for three years from the date of the 
application, and submitted to the Commission upon request;
    (c) For VRS providers operating call centers outside of the United 
States, a copy of each proof of purchase, lease or license agreement 
for all technology and equipment used to support their call center 
functions for each call center operated by the applicant outside of the 
United States; and
    (d) A complete copy of each lease or license agreement for 
automatic call distribution.
    8. For all applicants, a list of all sponsorship arrangements 
relating to Internet-based TRS, including on that list a description of 
any associated written agreements; copies of all such arrangements and 
agreements must be retained by the applicant for three years from the 
date of the application, and submitted to the Commission upon request.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2012-17345 Filed 7-16-12; 8:45 am]
BILLING CODE 6712-01-P