[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Rules and Regulations]
[Pages 14701-14702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04986]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 13-24 and 03-123; FCC 13-13]


Misuse of Internet Protocol (IP) Captioned Telephone Service; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Interim rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of six months, 
the information collection associated with the Commission's Misuse of 
Internet Protocol (IP) Captioned Telephone Service; Telecommunications 
Relay Services and Speech-to-Speech Services for Individuals with 
Hearing and Speech Disabilities, Order (Order). This document is 
consistent with the Order,

[[Page 14702]]

which stated that the Commission would publish a document in the 
Federal Register announcing OMB approval and the effective date of the 
requirements.

DATES: 47 CFR 64.604(c)(9), published at 78 FR 8032, February 5, 2013, 
is effective from March 7, 2013 through September 3, 2013.

FOR FURTHER INFORMATION CONTACT: Eliot Greenwald, Consumer and 
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2235075, or email [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on February 
25, 2013, OMB approved, for a period of six months, the new information 
collection requirements contained in the Commission's Order, FCC 13-13, 
published at 78 FR 8032, February 5, 2013. The OMB Control Number is 
3060-1182. The Commission publishes this document as an announcement of 
the effective date of the requirements. 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, 3060-1182, 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 email 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 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
February 25, 2013, for the new information collection requirements 
contained in the Commission's rules at 47 CFR 64.604(c)(9).
    Under 5 CFR part 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 3060-1182.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1182.
    OMB Approval Date: February 25, 2013.
    OMB Expiration Date: August 31, 2013.
    Title: Section 64.604(c)(9), Emergency Interim Rule for 
Registration and Documentation of Disability for Eligibility to Use IP 
Captioned Telephone Service, CG Docket Nos. 13-24 and 03-123.
    Form Number: N/A.
    Type of Review: New collection.
    Respondents: Businesses or other for-profit entities; individuals 
or households.
    Number of Respondents and Responses: 12,004 respondents; 24,000 
responses.
    Estimated Time per Response: 30 minutes (.50 hours) to 1 hour.
    Frequency of Response: On-going reporting requirement; One-time 
reporting requirement; Third party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is Sec. 225 [47 
U.S.C. 225] Telecommunications Services for Hearing-Impaired and 
Speech-Impaired Individuals; The Americans with Disabilities Act of 
1990 (ADA), Public Law 101-336, 104 Stat. 327, 366-69, enacted on July 
26, 1990.
    Total Annual Burden: 18,000 hours.
    Total Annual Cost: $600,000.
    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: In the Emergency Interim Order (IP CTS Interim 
Order) the Commission finds good cause to adopt on an emergency basis 
interim rules requiring each Internet Protocol Captioned Telephone 
Service (IP CTS) provider, in order to be eligible for compensation 
from the Interstate Telecommunications Relay Service (TRS) Fund (Fund) 
for providing service to each new IP CTS user to register each new IP 
CTS user. As part of the registration process, each IP CTS provider 
must obtain from each user a self-certification that (1) The user has a 
hearing loss that necessitates IP CTS to communicate in a manner that 
is functionally equivalent to communication by conventional voice 
telephone users; (2) the user understands that the captioning service 
is provided by a live communications assistant (CA); and (3) the user 
understands that the cost of the IP CTS calls is funded by the TRS 
Fund. Where the consumer accepts IP CTS equipment at a price below $75 
from any source other than a governmental program, the IP CTS provider 
must also obtain from the user a certification from an independent, 
third-party professional attesting to the same. IP CTS providers are 
required to maintain the confidentiality of the registration and 
certification information that they obtain, as well as the content of 
such information, except as required by law. The Commission takes this 
action to prevent the unnecessary subscription to and use of the 
service by consumers without a hearing loss that necessitates the use 
of IP CTS to obtain functionally equivalent telephone service. If left 
unchecked, the TRS Fund that disburses to IP CTS providers may be 
compromised due to an unprecedented growth in new IP CTS consumers. The 
action taken in this IP CTS Interim Order will enable the Commission to 
better control the level of TRS disbursements and protect the 
programmatic, legal, and financial integrity of the TRS program. 
Conversely, failing to take immediate action to stem such practices 
could well threaten the availability of the IP CTS service and other 
relay services that are supported by the Fund for the benefit of 
legitimate users.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013-04986 Filed 3-6-13; 8:45 am]
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