[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Proposed Rules]
[Pages 7766-7770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01382]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 6, 7, 14, 64, and 67

[CG Docket No. 16-145 and GN Docket No. 15-178; FCC 16-169]


Transition From TTY to Real-Time Text Technology

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission seeks comment on further 
actions the Commission could undertake to continue the transition from 
outdated text telephony (TTY) technology to a reliable and 
interoperable means of providing real-time text (RTT) communication 
over Internet Protocol (IP) enabled networks and services for people 
who are deaf, hard of hearing, deaf-blind, or have a speech disability.

DATES: Comments are due February 22, 2017. Reply Comments are due March 
24, 2017.

ADDRESSES: You may submit comments, identified by CG Docket No. 16-145 
and GN Docket No. 15-178, 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), through the Commission's Web site http://apps.fcc.gov/ecfs/. Filers should follow the instructions provided on 
the Web site for submitting comments. For ECFS filers, in completing 
the transmittal screen, filers should include their full name, U.S. 
Postal service mailing address, and CG Docket No. 16-145 and GN Docket 
No. 15-178.
     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.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Michael Scott, Consumer and 
Governmental Affairs Bureau, at (202) 418-1264 or email 
[email protected], or Suzy Rosen Singleton, Consumer and 
Governmental Affairs Bureau at (202) 510-9446 or email 
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 47 CFR 1.415, 1.419, interested 
parties may file comments and reply comments on or before the dates 
indicated in the DATES section. Comments may be filed using the 
Commission's ECFS. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street 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 must be disposed 
of before entering the building.

[[Page 7767]]

     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.
    This is a summary of the Commission's document FCC 16-169, 
Transition from TTY to Real-Time Text Technology, Further Notice of 
Proposed Rulemaking, adopted December 15, 2016, and released December 
16, 2016, in CG Docket No. 16-145 and GN Docket No. 15-178. The Report 
and Order, FCC 16-169, adopted on December 15, 2016, and released on 
December 16, 2016, is published elsewhere in this issue. The full text 
of document FCC 16-169 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. This proceeding 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), 202-418-0432 (TTY).

Initial Paperwork Reduction Act of 1995 Analysis

    Document FCC 16-169 seeks comment on proposed rule amendments that 
may result in modified information collection requirements. If the 
Commission adopts any modified information collection requirements, the 
Commission will publish another notice in the Federal Register inviting 
the public to comment on the requirements, as required by the Paperwork 
Reduction Act. Public Law 104-13; 44 U.S.C. 3501-3520. In addition, 
pursuant to the Small Business Paperwork Relief Act of 2002, the 
Commission seeks comment on how it might further reduce the information 
collection burden for small business concerns with fewer than 25 
employees. Public Law 107-198; 44 U.S.C. 3506(c)(4).

Synopsis

    1. Real-time text is a mode of communication that permits text to 
be sent immediately as it is being created. The Commission's proposed 
action seeks to further ensure that people who are deaf, hard of 
hearing, deaf-blind, or have a speech disability can fully utilize and 
benefit from twenty-first century communications technologies as the 
United States migrates from legacy circuit-switched systems to IP-based 
networks and services.
    2. In document FCC 16-169, the Commission seeks further comment on:
     Setting an appropriate timeline or trigger for the sunset 
of service providers' obligation to ensure backward compatibility 
between real-time text (RTT) and text telephone (TTY) technology, and a 
proposed date of 2021 for this purpose;
     Integrating RTT into the provision of telecommunications 
relay services (TRS);
     Addressing the RTT needs of people with cognitive 
disabilities and people who are deaf-blind through the provision of 
block mode and connectivity with refreshable Braille displays.

Establishing a Deadline To Sunset the Obligation To Ensure RTT Is 
Backward Compatible With TTY Technology

    3. In document FCC 16-169, the Commission concludes that it is 
premature to establish a deadline to sunset the obligation to ensure 
that services and equipment that support RTT is backward compatible 
with TTY technology, until the Commission has gathered additional 
information about the deployment and effectiveness of the transition 
from TTY to RTT technology. The Commission believes that collecting 
such information will be useful for a Commission determination as to 
when TTY users have transitioned to RTT to a point that warrants 
elimination of the backward compatibility requirement. To this end, the 
Commission seeks comment on the type of data and metrics that can be 
used to monitor the availability, adoption, and acceptance of RTT 
services and devices. For example, would it be useful to gather data on 
the total number of end user devices supporting RTT that are made 
available for sale? Would it also be helpful to track the adoption of 
RTT on services and devices used by public safety answering points 
(PSAPs), government entities, and businesses? To assess the impact of 
RTT on PSAPs without IP connectivity, should the Commission track the 
frequency of RTT-to-TTY 911 calls, and how should the Commission 
address contingencies if there is an adverse impact? To what extent can 
service providers also gather data on RTT usage by consumers? Next, the 
Commission seeks input on when and how such data should be reported. 
The Commission currently requires wireless service providers who have 
been granted waivers of the TTY obligations to report to the Commission 
semi-annually on the progress of their RTT implementation efforts. 
Should the Commission require similar reports of wireless and wireline 
service providers and manufacturers? Should certain actions, such as 
the grant of a waiver, trigger a reporting requirement? Alternatively, 
should any reporting requirement be postponed until after the 
requirements for the wireline transition have been adopted? Are there 
other reports collected by the Commission through which it should 
collect this or similar information on RTT?
    4. The Commission notes that by 2021, Tier I wireless service 
providers will have had the opportunity to support RTT on their IP-
based networks for three years, manufacturers will have been producing 
RTT-compliant

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equipment for two years, and smaller wireless service providers will 
have supported RTT on their network for at least 18 months. For these 
reasons, and because by such date, the Commission expects to have data 
sufficient to assess adoption of RTT technology, the Commission 
proposes to set a sunset date for RTT-TTY backward compatibility of 
2021 unless the Commission finds a reason to extend this deadline. The 
Commission seeks comment on this proposal, and whether there is a 
different point in time when it would be appropriate for the Commission 
to reassess the need for covered entities to continue supporting TTY 
technology via backward compatibility on their IP-based voice service 
networks. For example, should the Commission's reassessment be tied in 
any way to the implementation of the deployment of RTT technology over 
wireline networks, or should this reassessment take place after the 
sunset of the public switched telecommunications network (PSTN) and the 
transition of all consumers to IP-based wireless and wireline networks?

Requirements for TRS Providers

    5. In document FCC 16-169, the Commission allows wireless service 
providers to support TRS access through RTT technology, including via 
711 abbreviated dialing access, in lieu of supporting TRS through TTY 
technology. The Commission further clarifies that wireless service 
providers transmitting such calls may comply with these RTT support 
requirements by ensuring that such communications are backward 
compatible with the TTY technology currently used in such call centers. 
This approach is designed to ensure that RTT users can place and 
receive TRS calls through state TRS program call centers even when such 
centers are not equipped to receive RTT calls.
    6. Some forms of TRS are provided over the PSTN, while others are 
made available via IP networks. In the Notice of Proposed Rulemaking 
(NPRM), published at 81 FR 33170, May 25, 2016, preceding document FCC 
16-169, the Commission sought comment on whether and how it should 
amend the Commission's TRS rules to authorize or require other forms of 
TRS to incorporate RTT capabilities into platforms and terminal 
equipment used with these services.
    7. Comments in the record express a variety of views as to the 
manner in which RTT should be integrated into TRS operations. The 
record in this proceeding also contains extensive information about the 
benefits of RTT. It would appear, therefore, that integrating RTT into 
TRS operations similarly would benefit text-reliant users, and would 
fulfill a congressional directive to the Commission to ensure that TRS 
regulations ``encourage . . . the use of existing technology and do not 
discourage or impair the development of improved technology.'' In other 
words, taking this action will ensure that TRS users are able to 
benefit from evolving technologies in what will eventually be an all-IP 
environment.
    8. However, before adopting rules governing the provision of RTT as 
an integrated component of TRS, the Commission seeks additional comment 
on the costs, benefits, and technical feasibility of enabling this 
feature for various forms of TRS, for both TRS providers and TRS users. 
For example, what changes would be needed in TRS equipment (e.g., 
hardware, software, or applications) to support RTT between an IP-based 
TRS user and the communications assistant (CA) or between the parties 
to the call? Will adoption of an RTT mandate require TRS providers or 
users to purchase new TRS equipment or updates to TRS equipment 
software? To what extent will providers have to modify their call 
routing and handling features?
    9. Additionally, the Commission seeks comment on whether the 
incorporation of RTT into the provision of TRS operations should be 
mandated or only allowed. Along these lines, the Commission seeks 
comment on the appropriate regulatory treatment for RTT in the TRS 
context. Specifically, given that RTT is a text-based form of 
communication--as is TTY-based TRS and IP Relay--should this feature be 
subject to the same regulatory treatment that applies to TTY-based TRS, 
or would it be more appropriate to consider this akin to IP Relay for 
purposes of the Commission's TRS rules? For example, should the 
Commission require RTT-based TRS providers to meet the same mandatory 
minimum standards as currently applied to TTY-based TRS, such as call 
release functionality? To what extent should such providers be required 
to handle emergency calls, and should they adhere to the Commission's 
rules for TTY-based TRS or IP Relay TRS for this purpose? Are there 
certain mandatory minimum standards that should not be applicable to 
RTT technology?
    10. Given that TTY-based TRS is a mandated service for common 
carriers, if the Commission requires the provision of RTT-TRS, at what 
point in the future should providers be relieved of their obligations 
to provide and support TTY-based TRS? Should wireline IP-based voice 
service providers and equipment manufacturers be required to support 
RTT before TRS providers are required to support RTT?
    11. At the same time that the Commission recognizes that RTT has 
the potential to improve TRS for certain RTT users who choose to 
communicate directly in text with another party, the Commission agrees 
with commenters that RTT should augment and complement rather than 
supplant TRS, and seeks comment on this belief. Specifically, the 
Commission acknowledges that some forms of TRS, such as video relay 
service and speech-to-speech service, may fulfill the needs of people 
with disabilities who are not text-reliant users. The Commission 
therefore believes that the addition of RTT as a TRS option should not 
diminish the ability of individuals who are reliant on these other 
forms of TRS to continue having access to those services. The 
Commission seeks comment on this assumption.
    12. Finally, the Commission seeks input on the mechanisms that are 
needed to ensure that the provision of RTT-TRS by IP-based providers 
effectively meets the communication needs of TRS users. Should the 
Commission require TRS providers to support RTT to enable text-based 
communication between the CA and the text-reliant user; between the CA 
and the other party to the call; or between both parties to the call? 
Are there technical challenges associated with supporting RTT in 
situations where the parties to the call are connected through an IP-
based TRS provider? Should the Commission require IP captioned 
telephone service (IP CTS) providers to support RTT transmission in any 
voice channels they provide and in any off-the-shelf equipment provided 
to IP CTS users? Would the use of conversation windows help an IP CTS 
user distinguish between a direct RTT communication received from the 
other party and text generated by an IP CTS relay operator? Are there 
technical standards the Commission should adopt for the provision of 
RTT by IP-based TRS providers? The Commission seeks comment 
specifically on the costs, benefits, and feasibility of requiring IP-
based TRS providers to incorporate RTT capability into the provision of 
their services and on other related matters. Finally, the Commission 
seeks comment on the appropriate timeline for adopting RTT requirements 
for IP-based TRS providers.
    13. Impact of RTT on TRS. In the NPRM, the Commission assumed that

[[Page 7769]]

because RTT will provide greater opportunities for direct, point-to-
point text communications and can enable text to be intermixed with 
voice, it can reduce reliance on relay services to the extent RTT 
capabilities in end user devices become ubiquitous as a universal text 
solution. The Commission similarly noted that RTT could enhance the 
ability of TRS to provide functionally equivalent telephone service for 
those individuals who continue to rely on TRS as their communication 
method. AT&T agrees that it is important to review the potential 
impacts of RTT on TRS, and specifically to assess the need to adjust 
the TRS Fund supporting these services as this impact becomes clearer. 
The Commission seeks comment on the best methodology to determine the 
extent to which RTT reduces reliance on TRS. Additionally, how can the 
Commission best determine the extent to which the introduction of RTT 
increases TRS use among some consumers because it enhances the ability 
of TRS to provide functionally equivalent telephone service? Should any 
data collected on the effect that RTT has on TRS wait until wireline 
networks transition from TTY technology to RTT? What other information 
should the Commission consider in determining whether the availability 
and use of RTT necessitates changes to the TRS program or its funding?

Other RTT Features

    14. In the NPRM, the Commission sought comment on whether it is 
possible to identify certain RTT features or functional capabilities 
that are necessary to meet the communication needs of individuals who 
are deaf-blind, people with cognitive disabilities, or other specific 
segments of the disability community. Some commenters suggest that 
slowing down an RTT text display is necessary for refreshable Braille 
displays. They also suggest enabling Braille display users to suspend 
incoming text when the user is typing, because receiving text while 
typing on a Braille keyboard could cause confusion. The Commission 
seeks comment on whether these and similar features can enhance service 
providers' and manufacturers' ability to meet performance objectives 
under 47 CFR parts 6, 7, and 14 for individuals who use refreshable 
Braille displays, including people who are deaf-blind. The Commission 
also seeks further comment on the technical and practical challenges of 
supporting compatibility with refreshable Braille displays and similar 
assistive technologies. What current steps are being taken to examine 
these issues? Is there a potential timeline for resolving concerns to 
support the use of refreshable Braille displays with RTT?
    15. Block mode allows the user to hold onto a text communication 
while it is being composed, and then send it in its entirety, in a 
manner akin to short message service (SMS) or text messaging. This 
enables the user to edit individual characters and groups of words 
before sending a message. Some commenters agree that block mode is a 
desirable option that would enhance effective communication for certain 
individuals and in certain situations. The Commission seeks further 
comment on the extent to which offering a block mode option will 
enhance service providers' and manufacturers' ability to meet part 6, 
7, and 14 performance objectives for people with certain types of 
disabilities.

Initial Regulatory Flexibility Analysis

    16. As required by the Regulatory Flexibility Act, as amended 
(RFA), the Commission has prepared this Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on a 
substantial number of small entities by the policies and rules proposed 
in document FCC 16-169. 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 DATES section. The 
Commission will send a copy of document FCC 16-169, to the Chief 
Counsel for Advocacy of the Small Business Administration (SBA).

Need for, and Objectives of, the Proposed Rules

    17. In document FCC 16-169, the Commission seeks comment on:
     Setting an appropriate timeline or trigger for the sunset 
of service providers' obligation to ensure backward compatibility 
between RTT and TTY technology, and a proposal of a date of 2021 for 
this purpose;
     Integrating RTT into the provision of TRS; and
     Addressing the RTT needs of people with cognitive 
disabilities and people who are deaf-blind through the provision of 
block mode transmission and through connectivity with refreshable 
Braille displays.

Legal Basis

    18. The proposed action is authorized under sections 1, 2, 4(i), 
225, 251, 255, 303, 316, and 716 of the Communications Act of 1934, as 
amended, section 6 of the Wireless Communications and Public Safety Act 
of 1999, and section 106 of the CVAA; 47 U.S.C. 151, 152, 154(i), 225, 
255, 303, 316, 615a-1, 615c, 617.

Listing of Small Entities to Which the Proposed Rules Will Apply

    19. The majority of the proposals in document FCC 16-169 will 
affect obligations on telecommunications carriers and providers, VoIP 
service providers, wireline and wireless service providers, advanced 
communications services (ACS) providers, and telecommunications 
equipment and software manufacturers. Other entities, however, that 
choose to object to the substitution of RTT for TTY technology under 
the Commission's amended rules may be economically impacted by document 
FCC 16-169.
     Wired Telecommunications Carriers;
     Local Exchange Carriers (LECs);
     Incumbent Local Exchange Carriers (Incumbent LECs);
     Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers;
     Interexchange Carriers;
     Other Toll Carriers;
     Wireless Telecommunications Carriers (except Satellite);
     Cable Companies and Systems (Rate Regulation);
     All Other Telecommunications;
     TRS Providers;
     Electronic Computer Manufacturing;
     Telephone Apparatus Manufacturing (wireline);
     Computer Terminal and Other Computer Peripheral Equipment 
Manufacturing;
     Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing;
     Other Communications Equipment Manufacturing; and
     Software Publishers

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    20. In document FCC 16-169, the Commission seeks comment on 
integrating RTT into the provision of TRS, requiring certain additional 
features and capabilities of RTT, and the appropriate timeline to 
sunset the requirement for backward compatibility of RTT with TTY 
technology. With the following exception, these proposals do not 
include new or modified reporting, recordkeeping, and other compliance 
requirements. Specifically, in document 16-169, the Commission seeks 
comment on the type of data that should be

[[Page 7770]]

collected to help determine the extent to which RTT reduces reliance on 
TRS or alternatively the extent to which the introduction of RTT 
increases TRS use among some consumers because it has enhanced the 
ability of TRS to provide functionally equivalent telephone service.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    21. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.''
    22. In document FCC 16-169, the Commission seeks comment on the 
type of data and metrics that can be used to monitor the availability, 
adoption, and acceptance of RTT services and devices. This information 
is intended to help the Commission determine when TTY users have 
transitioned to RTT to a point that would warrant elimination of the 
requirement for RTT to be backward compatible with TTY. While the 
collection of data may initially burden small businesses, the eventual 
sunset of the obligation to ensure that RTT is backward compatible with 
TTY will in the long run reduce the burden for small entities and 
emergency call centers to maintain TTY technology and backward 
compatibility capability.
    23. The Commission also seeks comments on the costs, benefits, 
feasibility, and appropriate timeline for requiring IP-based TRS 
providers to incorporate RTT capability into the provision of their 
services. The information requested will inform the Commission of 
concerns with the transition and appropriate timelines for all 
entities, which will allow the Commission to consider rules and 
implementation deadlines that minimize burdens and relieve possible 
adverse economic impact on small entities. The Commission's gathering 
of information to determine the effect of RTT on TRS services and the 
TRS Fund will allow the Commission to consider changes to the rules 
that may minimize burdens and relieve possible adverse economic impact 
on small entities.
    24. In document FCC 16-169, the Commission also seeks comment on 
identifying certain RTT features or functional capabilities, such as 
compatibility with refreshable braille displays and block mode 
transmission, that are necessary to meet the communication needs of 
individuals who are deaf-blind, people with cognitive disabilities, or 
other specific segments of the disability community. In seeking 
comments on feasibility, the Commission seeks to integrate flexibility 
into the requirements to take into consideration the limitations of 
small businesses. Because the Commission will require implementation of 
these features only if achievable, the Commission anticipates that 
there will be little to no impact on small entities that would claim 
the requirement is not achievable.

Federal Rules That May Duplicate, Overlap, or Conflict With the 
Commission's Proposals

    25. None.

Ordering Clauses

    Pursuant to sections 4(i), 225, 255, 301, 303(r), 316, 403, 715, 
and 716 of the Communications Act of 1934, as amended, and section 106 
of the CVAA, 47 U.S.C. 154(i), 225, 255, 301, 303(r), 316, 403, 615c, 
616, 617, document FCC 16-169 is adopted.
    The Commission's Consumer Information Bureau, Reference Information 
Center, shall send a copy of document FCC 16-169, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

Federal Communications Commission.
Katura Howard,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2017-01382 Filed 1-19-17; 8:45 am]
 BILLING CODE 6712-01-P