[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Proposed Rules]
[Pages 57851-57854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19845]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 10-51 and 03-123; DA 16-893]


Structure and Practices of the Video Relay Service Program

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Consumer and Governmental Affairs Bureau 
(CGB or Bureau) of the Federal Communications Commission (FCC or 
Commission), pursuant to a delegation of authority, proposes to 
incorporate into the Commission's rules the Video Relay Service (VRS) 
interoperability and portability standards developed by the VRS Task 
Group of the Session Initiation Protocol (SIP) Forum and a successor 
group, the Relay User Equipment (RUE) Forum.

DATES: Comments are due on or before September 14, 2016.

ADDRESSES: You may submit comments, identified by CG Docket Nos. 10-51 
and 03-123, by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS): http://apps.fcc.gov/ecfs//. Filers should follow 
the instructions provided on the Commission's Web site for submitting 
comments. For ECFS filers, in completing the transmittal screens, 
filers should include their full name, U.S. Postal Service mailing 
address, and CG Docket Nos. 10-51 and 03-123.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number. 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 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and 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.

FOR FURTHER INFORMATION CONTACT: Eliot Greenwald, Consumer and 
Governmental Affairs Bureau, at phone: (202) 418-2235 or email: 
[email protected], or Robert Aldrich, Consumer and Governmental 
Affairs Bureau, at phone (202) 418-0996 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking (Further Notice), document DA 16-
893, adopted on August 4, 2016, and released on August 4, 2016. The 
full text of this document is 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. This document can also be downloaded in 
Word or Portable Document Format (PDF) at: https://www.fcc.gov/general/disability-rights-office-headlines. The proceeding initiated by the 
Further Notice shall be treated as a ``permit-but-disclose'' proceeding 
in accordance with the Commission's ex parte rules. 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 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 1.49(f) 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 email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (844) 432-2275 (videophone), 
or (202) 418-0432 (TTY).

Initial Paperwork Reduction Act of 1995 Analysis

    The Further Notice does not contain proposed information collection 
requirements subject to the Paperwork Reduction Act of 1995, Public Law 
104-13. In addition, therefore, it does not contain any proposed 
information collection burden for small business concerns with fewer 
than 25 employees, pursuant to the Small Business Paperwork Relief Act 
of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).

Synopsis

    1. In 2013, the Commission amended its rules to improve the 
effectiveness of its interoperability and portability rules for video 
relay service (VRS), in order to improve functional equivalence and VRS 
availability for consumers, ease of compliance by providers, and 
overall efficiency in the operation of the

[[Page 57852]]

telecommunications (TRS) program. The Commission directed Commission 
staff to support and participate in the ongoing Session Initiation 
Protocol (SIP) Forum's VRS Task Group process in order to ensure the 
timely development of such consensus standards. Structure and Practices 
of the Video Relay Service Program; Telecommunications Relay Services 
and Speech-to-Speech Services for Individuals With Hearing and Speech 
Disabilities, published at 78 FR 40582, July 5, 2013 (VRS Reform 
Order).
    2. The Further Notice, issued by CGB pursuant to a delegation of 
authority in the VRS Reform Order, proposes to incorporate by reference 
into the Commission's VRS interoperability rule the interoperability 
and portability standards produced by the VRS Task Group of the SIP 
Forum and a successor group, the Relay User Equipment (RUE) Forum, 
along with a process that will readily enable revisions to this rule to 
reflect future amendments or changes in these standards. In addition, 
this document proposes guidance on implementation of the standards, 
including the need for a transition period for existing VRS access 
technologies to achieve interoperability and portability.
    3. Since 2006, the Commission has required VRS providers to (i) 
allow VRS users to make and receive calls through any VRS provider, and 
to choose a different default provider, without changing the VRS access 
technology they use to place calls, and (ii) ensure that VRS users can 
make point-to-point calls to all other VRS users, irrespective of the 
default provider of the calling and called party. Providers also must 
ensure that videophone equipment that they distribute retains certain 
features when a user ports his or her ten-digit VRS number to a new 
default provider. 47 CFR 64.611(e); VRS Reform Order.
    4. In order to improve the effectiveness of these interoperability 
and portability requirements, the Commission delegated ``to the Chief 
of CGB, after consultation with the CTO [Chief Technology Officer] and 
the Chief of OET [Office of Engineering and Technology], the authority 
to conduct rulemaking proceedings to incorporate into the Commission's 
rules by reference any interoperability and portability standards 
developed under the auspices of the SIP Forum, now or in future, or 
such other voluntary, consensus standard organization as may be formed 
to address these issues.'' VRS Reform Order. The VRS Reform Order 
further provided: ``Recognizing that the scope of the SIP Forum VRS 
Task Group charter extends beyond the Commission's current mandatory 
minimum standards, the Commission also delegates to Chief of CGB, after 
consultation with the CTO and the Chief of OET, the authority to 
conduct rulemaking proceedings to incorporate into the Commission's 
rules by reference as new or updated mandatory minimum standards any 
standards or recommended standards developed by the SIP Forum (or such 
other voluntary, consensus standard organization as may be formed to 
address these issues) that the Chief of CGB finds will advance the 
statutory functional equivalency mandate or improve the availability of 
TRS, in the most efficient manner. In conducting such rulemakings, the 
Chief of CGB shall provide guidance on implementation, including the 
need for a transition period for existing VRS access technologies, 
complaint resolution, or other actions necessary to ensure full 
interoperability and portability.''
    5. In August 2015, the SIP Forum published the Video Relay Service 
(VRS) Provider Interoperability Profile (VRS Provider Interoperability 
Profile), a consensus document developed by the SIP Forum's VRS Task 
Group. The VRS Provider Interoperability Profile provides technical 
specifications for the interface between VRS providers and the 
interface between a VRS provider and the TRS Numbering Directory. In 
July 2016, the Relay User Equipment Forum (RUE Forum) published a 
second consensus document, the Interoperability Profile for Relay User 
Equipment (RUE Profile) on the Internet Engineering Task Force (IETF) 
Web site. The RUE Profile provides technical specifications that define 
a standard interface between a relay user's equipment and the services 
offered by relay service providers.
    6. The Bureau tentatively concludes that the VRS Provider 
Interoperability Profile and the RUE Profile will effectively meet the 
Commission's goals of ensuring interoperability and portability, as 
required by the VRS Reform Order. Specifically, these standards will 
enable a VRS user to place and receive calls through any VRS provider 
and make point-to-point calls to all other VRS users, irrespective of 
the default provider of the parties to the call, and without the caller 
having to change the VRS access technology used to make such calls. 
Additionally, as required by the VRS Reform Order, these standards will 
support a standard data interchange format for exporting and importing 
private data contained in a user's personal contacts list (also 
referred to as an address book) and the user's speed dial list between 
the VRS user's access technology and the access technology of other VRS 
providers. In these various ways, these standards will ``advance the 
statutory functional equivalency mandate [and] improve the availability 
of TRS, in the most efficient manner,'' in accordance with the VRS 
Reform Order. The Bureau further notes that all current VRS providers 
participated in the process leading to adoption of the standards, and 
that all providers appear to have reached a consensus on these 
standards. For all of these reasons, the Bureau tentatively concludes 
that these standards meet the Commission's objective of facilitating 
interoperability and portability for VRS, and should be incorporated by 
reference into the Commission's rules. The Bureau seeks comment on this 
tentative conclusion and its rationale. The Bureau also seeks comment 
on whether any modified version of the standards that results from the 
continued work of the RUE Forum, which is published subsequent to the 
Commission's release of the Further Notice and during the pendency of 
this proceeding, should be adopted in lieu of the versions of the 
standards discussed above.
    7. The Bureau also proposes to follow, in the future, a procedure 
that permits amendments or changes to the standards to be incorporated 
into the Commission's rules in a timely and efficient manner. The 
Bureau believes that a voluntary, consensus standards process that 
results in amendments or changes to the standards will, as is the case 
for the standards proposed for incorporation herein, allow for 
widespread participation by the affected parties, and in particular VRS 
providers. In the event of such amendments or changes, the Bureau will 
issue a public notice seeking comment on such modifications, followed 
by an order incorporating into the VRS rules amendments or changes by 
reference if justified based on the resulting record. When such revised 
standards are completed and accepted by the Bureau, a second public 
notice will be issued containing information on how to access the 
modified standards and establishing an implementation schedule. To 
facilitate ready access to such standards, the Bureau further proposes 
that the Commission make them available to the public online. The 
Bureau believes that this process will allow interested parties to have 
the opportunity to participate in the standards-setting process, 
comment on the inclusion of such standards in the Commission's rules, 
and receive notice about the implementation of any amendments or 
changes to the standards. The Bureau seeks comment

[[Page 57853]]

on this approach and on any alternatives.
    8. As to the timing of the implementation of the recently developed 
standards, the Bureau believes that insofar as all current VRS 
providers participated in developing these standards and had an 
opportunity to debate the various technical issues over a period of 
several years, as a practical matter, all providers have become 
familiar with the content of the standards, have had ample opportunity 
to incorporate the standards into their software development processes, 
and have had sufficient opportunity to familiarize their suppliers with 
any necessary design changes. The Bureau therefore proposes that the 
rule amendment incorporating the standards into 47 CFR 64.621 shall 
become effective 60 days after publication in the Federal Register of 
the amended rule. The Bureau seeks comment on this proposed 
implementation schedule. To the extent that any commenter seeks a later 
effective date, the Bureau requests that such commenter describe the 
specific products or features and functions for which a later effective 
date is needed and the reasons why compliance is not achievable at an 
earlier date.
    9. As the Commission contemplated in the VRS Reform Order, once 
incorporated into the Commission's rules, compliance with the standards 
``shall be a prerequisite for compensation from the Fund. No VRS 
provider shall be compensated for minutes of use generated by non-
standards compliant VRS access technologies or otherwise generated in a 
manner inconsistent with the Commission's rules. If a provider cannot 
reliably separate minutes of use generated through standards compliant 
VRS access technologies from those generated through non-standards 
compliant VRS access technologies, the provider will not receive 
compensation for any of the minutes.'' VRS Reform Order.
    10. The Office of Federal Register (OFR) recently revised its 
regulations to require that agencies must discuss in the preamble of a 
proposed rule ways that the materials the agency proposes to 
incorporate by reference are reasonably available to interested parties 
or how it worked to make those materials reasonably available to 
interested parties. In addition, the preamble of the proposed rule must 
summarize the material. 1 CFR 51.5(a). In accordance with OFR's 
requirements, the discussion in the following two paragraphs summarizes 
and indicates the availability of the VRS Provider Interoperability 
Profile and the RUE Profile.
    11. The U.S. Video Relay Service (VRS) Provider Interoperability 
Profile, Version 15, SIP Forum Document Number: VRS U.S. Providers 
Profile TWG-6-0.15 (Sept. 23, 2015) (VRS Provider Interoperability 
Profile), is available from SIP Forum LLC, 733 Turnpike Street, Suite 
192, North Andover, MA 01845 USA, (203) 829-6307, at http://www.sipforum.org/component/option,com_docman/task,cat_view/gid,160/Itemid,75/. The Provider Interoperability Profile provides technical 
specifications for the interface between VRS providers and the 
interface between a VRS provider and the TRS Numbering Directory.
    12. The Interoperability Profile for Relay User Equipment, draft-
vrs-rue-dispatch-00 (July 20, 2016) (RUE Profile), is available from 
IETF Secretariat, 5177 Brandin Court, Fremont, CA 94538, 510-492-4080, 
at https://www.ietf.org/id/draft-vrs-rue-dispatch-00.txt. The RUE 
Profile provides technical specifications that define a standard 
interface between a relay user's equipment and the services offered by 
relay service providers.

Initial Regulatory Flexibility Analysis

    13. As required by the Regulatory Flexibility Act (RFA), the Bureau 
has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the 
possible significant economic impact on small entities by the policies 
and rules proposed in the Further Notice. Written public comments are 
requested on this IRFA. Comments must be identified as responses to the 
IRFA and must be filed by the deadlines for comments specified in the 
Further Notice.
    14. Need For, and Objectives of, the Proposed Rules. In the VRS 
Reform Order, the Commission strongly encouraged the continuation of 
efforts by the SIP Forum's VRS Task Group to develop voluntary, 
consensus standards to facilitate interoperability and portability of 
VRS and directed Commission staff to support and participate in the SIP 
Forum process. The SIP Forum and a successor group, the RUE Forum, have 
now produced interoperability and portability standards, making it 
possible to achieve the improvements sought in the VRS Reform Order. 
The Further Notice proposes to incorporate those interoperability and 
portability standards by reference into 47 CFR 64.621, the Commission's 
VRS interoperability rule, along with guidance on implementation, 
including the need for a transition period for existing VRS access 
technologies to achieve interoperability and portability. In addition, 
the Further Notice proposes a process that will readily enable 
revisions to this rule to reflect future amendments or changes in these 
standards by issuing a public notice seeking comment on such 
modifications, followed by an order incorporating into the VRS rules 
amendments or changes by reference if justified based on the resulting 
record, after which a second public notice will be issued containing 
information on how to access the modified standards online and 
establishing an implementation schedule.
    15. Legal Basis. The legal basis for any action that may be taken 
pursuant to the Further Notice is contained in 47 U.S.C. 151, 152, 
154(i), 154(j), 225, 303(r).
    16. Types of Small Entities to Which the Proposed Rules May Apply. 
All Other Telecommunications.
    17. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements. If the Commission were to incorporate the SIP 
Forum and RUE Forum standards by reference into the Commission's VRS 
interoperability rule and provide guidance on implementation, VRS 
providers, including small entities, would need to take steps to comply 
with such standards.
    18. Steps Taken to Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered. In general, 
alternatives to proposed rules are discussed only when those rules pose 
a significant adverse economic impact on small entities. In this 
context, however, the proposed rules generally confer benefits. In 
particular, interoperability requirements benefit the smaller providers 
because consumers find the services of smaller providers to be more 
attractive when these services are interoperable than when they are not 
interoperable. These benefits outweigh any burdens associated with 
compliance. Moreover, because all of the VRS providers participated in 
the discussions associated with the development of the standards, the 
Commission believes that these standards are acceptable to all VRS 
providers, including small entities. Lastly, the Further Notice seeks 
comment on the proposed implementation schedule to ensure that such 
implementation schedule is achievable.
    19. Federal Rules that May Duplicate, Overlap, or Conflict with 
Proposed Rules. None.

List of Subjects in 47 CFR Part 64

    Telecommunications relay services, Individuals with disabilities.


[[Page 57854]]


Federal Communications Commission.
Karen Peltz Strauss,
Deputy Chief, Consumer and Governmental Affairs Bureau.

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 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), Public Law 
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 
225, 226, 227, 228, 254(k), 616, and 620, and the Middle Class Tax 
Relief and Job Creation Act of 2012, Public Law 112-96, unless 
otherwise noted.

0
2. Amend Sec.  64.621 by revising paragraph (b) to read as follows:


Sec.  64.621  Interoperability and portability.

* * * * *
    (b) Technical Standard for Interoperability and Portability.
    (1) VRS providers shall ensure that their provision of VRS and 
video communications, including their access technology, meets the 
requirements of the U.S. Video Relay Service (VRS) Provider 
Interoperability Profile Version 15, SIP Forum Document Number: VRS 
U.S. Providers Profile TWG-6-0.15 (Sept. 23, 2015) (VRS Provider 
Interoperability Profile), http://www.sipforum.org/component/option,com_docman/task,cat_view/gid,160/Itemid,75/, and the 
Interoperability Profile for Relay User Equipment (RUE Profile), draft-
vrs-rue-dispatch-00 (July 20, 2016), https://www.ietf.org/id/draft-vrs-rue-dispatch-00.txt.
    (2) This incorporation by reference of the VRS Provider 
Interoperability Profile and the RUE Profile was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies of the VRS Provider Interoperability Profile may 
be obtained from SIP Forum LLC, 733 Turnpike Street, Suite 192, North 
Andover, MA 01845 U.S.A., (203) 829-6307, at http://www.sipforum.org/component/option,com_docman/task,cat_view/gid,160/Itemid,75/. Copies of 
the RUE Profile may be obtained from IETF Secretariat, 5177 Brandin 
Court, Fremont, CA 94538, 510-492-4080, at https://www.ietf.org/id/draft-vrs-rue-dispatch-00.txt. Copies of these publications also may be 
inspected during normal business hours at the following locations: 
Consumer and Governmental Affairs Bureau, Reference Information Center, 
Federal Communications Commission, 445 12th Street SW., Washington, DC 
20554; and the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
[FR Doc. 2016-19845 Filed 8-23-16; 8:45 am]
 BILLING CODE 6712-01-P