[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51450-51451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20433]



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Vol. 79

Thursday,

No. 167

August 28, 2014

Part V





Federal Communications Commission





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47 CFR Part 64





Misuse of Internet Protocol (IP) Captioned Telephone Service; 
Correction; Final Rule

  Federal Register / Vol. 79 , No. 167 / Thursday, August 28, 2014 / 
Rules and Regulations  

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 13-24 and 03-123; FCC 13-118]


Misuse of Internet Protocol (IP) Captioned Telephone Service; 
Correction

AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

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SUMMARY: In this document, the Commission amends its rules for Internet 
Protocol Captioned Telephone Service (IP CTS) to remove certain 
paragraphs of the rules that were vacated by the United States Court of 
Appeals for the District of Columbia Circuit, and to remove notes that 
are no longer applicable and to make conforming revisions to certain 
paragraphs of the rules adopted in Misuse of Internet Protocol 
Captioned Telephone Service; Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities. The notes indicated that the Commission would publish a 
notice specifying the demarcation date, a registration deadline, and 
certain effective dates of various provisions of the amended rules 
after the amendments were approved by the Office of Management and 
Budget (OMB). Since the Commission has announced the effective date of 
each of these provisions in the Federal Register, the notes are no 
longer applicable.

DATES: Effective August 28, 2014.

FOR FURTHER INFORMATION CONTACT: Eliot Greenwald, Disability Rights 
Office, Consumer and Governmental Affairs Bureau, at (202) 418-2235 
(voice), or email [email protected].

SUPPLEMENTARY INFORMATION: On August 30, 2013, the Commission published 
final rules in the Federal Register at 78 FR 53684, which addressed 
marketing, labeling, registration, and default equipment-setting 
requirements for the internet protocol captioned telephone relay 
service (IP CTS). On June 20, 2014, the D.C. Circuit issued an order 
vacating the Commission's rule prohibiting compensation to providers 
for minutes of use generated by equipment consumers received from 
providers for free or for less than $75, 47 CFR 64.604(c)(11)(i), and 
the Commission's rule requiring providers to maintain captions-off as 
the default setting for IP CTS equipment, 47 CFR 64.604(c)(10)(i), 
(iii) through (v). Sorenson Communications, Inc. and CaptionCall, LLC 
v. FCC (D.C. Cir. Nos. 13-1122 and 13-1246, June 20, 2014).
    The Commission published a notice in the Federal Register, at 79 FR 
40003, July 11, 2014, stating that among other things, the rule 
regarding the labeling of equipment, software, and mobile applications, 
47 CFR 64.604(c)(11)(iii), would become effective immediately. Today, 
the Commission publishes a notice in the Federal Register stating that 
the rule regarding consumer registration and certification, 47 CFR 
64.604(c)(9), become effective immediately.
    This document amends Sec.  64.604(c)(9) through (11) of the 
Commission's rules by removing the notes and by revising specific rules 
sections as they appeared in the Federal Register.

List of Subjects in 47 CFR Part 64

    Individuals with disabilities, Telecommunications.

Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison.
    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 47 U.S.C. 154, 254(k); 403(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, 620, and the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, unless 
otherwise noted.


0
2. Amend Sec.  64.604 as follows:
0
a. Revise paragraphs (c)(9)(ii) introductory text, (c)(9)(iii) 
introductory text, (c)(9)(iv) and (v), (vii), (xi), and paragraph 
(c)(10);
0
b. Remove and reserve paragraph (c)(11)(i); and
0
c. Revise paragraph (c)(11)(iii).
0
d. Remove paragraphs (c)(11)(iv) and (v).
    The revisions read as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (c) * * *
    (9) * * *
    (ii) Self-certification prior to August 28, 2014. IP CTS providers, 
in order to be eligible to receive compensation from the TRS Fund for 
providing IP CTS, also must first obtain a written certification from 
the consumer, and if obtained prior to August 28, 2014, such written 
certification shall attest that the consumer needs IP CTS to 
communicate in a manner that is functionally equivalent to the ability 
of a hearing individual to communicate using voice communication 
services. The certification must include the consumer's certification 
that:
* * * * *
    (iii) Self-certification on or after August 28, 2014. IP CTS 
providers must also first obtain from each consumer prior to requesting 
compensation from the TRS Fund for the consumer, a written 
certification from the consumer, and if obtained on or after August 28, 
2014, such certification shall state that:
* * * * *
    (iv) The certification required by paragraphs (c)(9)(ii) and (iii) 
of this section must be made on a form separate from any other 
agreement or form, and must include a separate consumer signature 
specific to the certification. Beginning on August 28, 2014, such 
certification shall be made under penalty of perjury. For purposes of 
this rule, an electronic signature, defined by the Electronic 
Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., 
as an electronic sound, symbol, or process, attached to or logically 
associated with a contract or other record and executed or adopted by a 
person with the intent to sign the record, has the same legal effect as 
a written signature.
    (v) Third-party certification prior to August 28, 2014. Where IP 
CTS equipment is or has been obtained by a consumer from an IP CTS 
provider, directly or indirectly, at no charge or for less than $75 and 
the consumer was registered in accordance with the requirements of 
paragraph (c)(9) of this section prior to August 28, 2014, the IP CTS 
provider must also obtain from each consumer prior to requesting 
compensation from the TRS Fund for the consumer, written certification 
provided and signed by an independent third-party professional, except 
as provided in paragraph (c)(9)(xi) of this section.
* * * * *
    (vii) Third-party certification on or after August 28, 2014. Where 
IP CTS equipment is or has been obtained by a consumer from an IP CTS 
provider, directly or indirectly, at no charge or for less than $75, 
the consumer (in cases where the equipment was obtained directly from 
the IP CTS provider) has not subsequently paid $75 to the IP CTS 
provider for the equipment prior to the date the consumer is registered 
to use IP CTS, and the consumer is registered in accordance with the 
requirements of

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paragraph (c)(9) of this section on or after August 28, 2014, the IP 
CTS provider must also, prior to requesting compensation from the TRS 
Fund for service to the consumer, obtain from each consumer written 
certification provided and signed by an independent third-party 
professional, except as provided in paragraph (c)(9)(xi) of this 
section.
* * * * *
    (xi) IP CTS providers must obtain registration information and 
certification of hearing loss from all IP CTS users who began receiving 
service prior to March 7, 2013, within 180 days following August 28, 
2014. Notwithstanding any other provision of paragraph (c)(9) of this 
section, IP CTS providers shall be compensated for compensable minutes 
of use generated prior to February 24, 2015 by any such users, but 
shall not receive compensation for minutes of IP CTS use generated on 
or after February 24, 2015 by any IP CTS user who has not been 
registered.
    (10) IP CTS settings. Each IP CTS provider shall ensure that each 
IP CTS telephone they distribute, directly or indirectly, shall include 
a button, icon, or other comparable feature that is easily operable and 
requires only one step for the consumer to turn on captioning.
    (11) * * *
    (iii) IP CTS providers shall ensure that any newly distributed IP 
CTS equipment has a label on its face in a conspicuous location with 
the following language in a clearly legible font: ``FEDERAL LAW 
PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING THIS 
DEVICE WITH THE CAPTIONS ON.'' For IP CTS equipment already distributed 
to consumers by any IP CTS provider as of July 11, 2014, such provider 
shall, no later than August 11, 2014, distribute to consumers equipment 
labels with the same language as mandated by this paragraph for newly 
distributed equipment, along with clear and specific instructions 
directing the consumer to attach such labels to the face of their IP 
CTS equipment in a conspicuous location. For software applications on 
mobile phones, laptops, tablets, computers or other similar devices, IP 
CTS providers shall ensure that, each time the consumer logs into the 
application, the notification language required by this paragraph 
appears in a conspicuous location on the device screen immediately 
after log-in.
* * * * *
[FR Doc. 2014-20433 Filed 8-27-14; 8:45 am]
BILLING CODE 6712-01-P