[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Rules and Regulations]
[Pages 17754-17765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07155]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 10-51 and 03-123; FCC 17-26]


Structure and Practices of the Video Relay Services Program

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission takes steps to further 
improve the quality of video relay service (VRS) by authorizing skills-
based routing and deaf-interpreter trials, directing the publication of 
speed-of-answer data, permitting assignment of ten-digit telephone 
numbers to hearing persons for point-to-point video communication in 
sign language with VRS users, and authorizing a pilot program in which 
some VRS calls are interpreted by communications assistants (CAs) at 
home workstations.

DATES: Effective dates: Effective May 15, 2017, except for Sec.  
64.604(b)(8) and amendments to Sec. Sec.  64.604(b)(4)(iii), 64.611, 
64.615, 64.630, 64.5101, and 64.5103 of the Commission's rules, which 
contain modified information collection requirements that have not yet 
been approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act. The Commission will publish a document in the 
Federal Register announcing the effective date of those amendments.
    Applicability dates: The skills-based routing and deaf-interpreter 
trials will commence on August 1, 2017, and terminate March 31, 2018. 
The pilot program for at-home VRS call handling will commence on 
November 1, 2017, and end on November 1, 2018.

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

SUPPLEMENTARY INFORMATION:  This is a summary of the Commission's 
Report and Order, document FCC 17-26, adopted on March 23, 2017, and 
released on March 23, 2017, in CG Docket Nos. 10-51 and 03-123. The 
Notice of Inquiry and Further Notice of Proposed Rulemaking, FCC 17-26, 
adopted on March 23, 2017, and released on March 23, 2017, was 
published in an earlier issue, and the Order, FCC 17-26, adopted on 
March 23, 2017, and released on March 23, 2017, will be published in a 
later issue. The full text of document FCC 17-26 will be available for 
public inspection and copying via the Commission's Electronic Comment 
Filing System (ECFS), and during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. 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) 432-2272 
(videophone), or (202) 418-0432 (TTY).

Congressional Review Act

    The Commission will send a copy of document FCC 17-26 to Congress 
and the Government Accountability Office pursuant to the Congressional 
Review Act, see 5 U.S.C. 801(a)(1)(A).

Final Paperwork Reduction Act of 1995 Analysis

    The Report and Order in document FCC 17-26 contains modified 
information collection requirements, which are not applicable until 
approval is obtained from OMB. The Commission, as part of its 
continuing effort to reduce paperwork burdens, will invite the general 
public to comment on the information collection requirements contained 
in document FCC 17-26 as required by the Paperwork Reduction Act (PRA) 
of 1995, Public Law 104-13. The Commission will publish a separate 
document in the Federal Register announcing approval of the information 
collection requirements contained in the document FCC 17-26 Report and 
Order. In addition, the Commission notes that, pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C. 
3506(c)(4), the Commission previously sought comment on how the 
Commission might ``further reduce the information burden for small 
business concerns with fewer

[[Page 17755]]

than 25 employees.'' Structure and Practices of the Video Relay Service 
Program; Telecommunications Relay Services and Speech-to-Speech 
Services for Individuals with Hearing and Speech Disabilities, Further 
Notice of Proposed Rulemaking, published at 78 FR 40407, July 5, 2013 
(2013 VRS Reform Order FNPRM); Structure and Practices of the Video 
Relay Service Program; Telecommunications Relay Services and Speech-to-
Speech Services for Individuals with Hearing and Speech Disabilities, 
Further Notice of Proposed Rulemaking, published at 80 FR 72029, 
November 18, 2015 (2015 VRS FNPRM).

Synopsis

Trial of Skills-Based Routing

    1. The Commission authorizes a voluntary trial of skills-based 
routing by any of the currently certified VRS providers, for calls 
pertaining to legal, medical, and technical computer support, to be 
conducted for a period of eight months under the conditions set forth 
below. There are currently five companies with Commission certification 
to receive compensation from the Interstate Telecommunications Relay 
Services Fund (TRS Fund) for providing VRS. The Commission may 
authorize additional VRS providers to participate in the trial in the 
event that any new providers apply for and are granted certification 
before the end of the trial.
    2. The Commission is persuaded that enabling consumers to have 
conversations relayed by interpreters skilled in the vocabulary of 
these subjects can contribute to achieving functional equivalence in 
accordance with the goals of 47 U.S.C. 225. The Commission believes 
that skills-based routing may increase the efficiency of VRS by 
reducing the duration of calls and the need for duplicative calls. 
Additionally, the Commission believes it can facilitate compliance with 
each provider's obligation to ensure that its CAs can interpret 
effectively and accurately, both receptively and expressively, using 
any necessary specialized vocabulary.
    3. Consumer groups identify the three skills listed above as those 
most commonly needed. The Commission will limit the trial to these 
three categories, in order to provide relatively clear-cut criteria for 
the types of calls that qualify, to maximize the usefulness of the data 
to be collected, and to provide a circumscribed test case to help the 
Commission identify and address issues if skills-based routing is 
permitted on a permanent basis. VRS providers participating in the 
trial may offer one, two, or all three types of specialized 
interpretation. Permitting a voluntary trial will allow VRS providers 
to individually determine whether and how extensively to participate, 
depending on how skills-based routing fits into their respective 
budgets and business plans. The Commission further expects that an 
eight-month period will be sufficient to gather data on the costs and 
benefits of skills-based routing and to enable the Commission to 
develop informed rules and policies governing this feature if it is 
later authorized on a permanent basis.
    4. To allow sufficient time for the design of each provider's 
individual trial, the Commission directs that the formal trial period 
commence August 1, 2017, and terminate March 31, 2018. Providers 
interested in participating in the trial must provide notification of 
their intent to participate to the Commission's Consumer and 
Governmental Affairs Bureau (CGB) by June 1, 2017, including a 
description of the standards they will use to determine whether a 
particular CA may handle each type of skills-based call. Such 
notification may be sent by email to [email protected]. The Commission 
declines at this time to restrict the trial to a specified number of 
consumers because selecting a limited subset of customers could pose 
technical issues and be perceived as unfair to those customers not 
selected. In addition, larger-scale trials will provide the Commission 
with more data to aid in the Commission's assessment of a skills-based 
routing feature. The results of a trial in which each provider 
determines the scale of its participation may also provide information 
about the competitive aspects of offering this feature to inform future 
Commission decisions about how to structure skills-based routing in the 
future.
    5. For the duration of the trial, all participating VRS providers 
will continue to be compensated at the applicable rate for compensable 
minutes of use whether handled by a generalist or specialist CA.
    6. Rule Waivers. To enable the Commission to gather data on the 
costs and benefits of skills-based routing and develop informed rules 
governing this practice should it be authorized in the future, the 
Commission conditionally waives, for the duration of the trial, (1) the 
requirement to answer calls in the order received, (2) the speed-of-
answer rule, (3) the ten-minute rule, and (4) the sequential call rule. 
With these waivers, calls routed to specialized interpreters will 
qualify for per-call compensation from the Fund, provided that such 
calls are handled in accordance with the conditions below and all non-
waived mandatory minimum standards.
    7. Answer-in-the-Order Received Waiver. For purposes of this eight-
month trial, a limited waiver of the requirement to answer calls in the 
order received under the conditions described herein is necessary to 
enable VRS users to effectively benefit from the availability of 
skills-based CAs. Waiver of this rule will allow providers, to the 
extent technically feasible, to give VRS users the option of selecting 
a specialist CA at various points in the course of processing a call, 
e.g., prior to initially being connected to the VRS provider, during 
the call set-up with the CA, or after all parties to the call have been 
connected--even if this entails providing a specialized CA out of the 
order that calls seeking other types of specialized CAs are received. 
However, the ``answer-in-the-order'' rule will still apply within each 
subset of CA expertise, so that if two individuals both request the 
same type of specialized interpreting, each of their requests must be 
addressed in the order received. Nor do we waive the related 
prohibitions disallowing advance reservations and ``call back'' 
arrangements for VRS. Moreover, the Commission does not authorize VRS 
providers or users to treat skills-based routing of VRS calls as a 
substitute for in-person or video remote interpreting when medical, 
legal, and computer professionals need to communicate in person with 
their patients and clients.
    8. Speed-of-Answer Waiver. The Commission waives the speed-of-
answer rule, which requires that 80 percent of all VRS calls be 
answered within 120 seconds, measured monthly, for calls routed to 
specialized interpreters during the eight-month duration of the skills-
based routing trial. The Commission will permit providers to give 
callers wait-time estimates for the provider's skills-based and 
generalist queues, in addition to offering callers the option of 
switching out of a skills-based routing queue and into the generalist 
queue if the caller decides that the wait for a specialized CA is too 
long.
    9. Ten Minute Rule Waiver. To enable providers to reserve 
interpreters who have specialized skills for those individuals who need 
them, the Commission waives the requirement that the CA remain on the 
call for a minimum of ten minutes for trial participants in the 
circumstances described herein. If it becomes apparent during a call 
that specialized interpretation is not needed, the call may be 
transferred back to a generalist CA (or the generalist queue) after (1) 
receiving confirmation from a

[[Page 17756]]

supervisor that a specialist CA is unnecessary and (2) notifying the 
caller of the impending transfer. Doing so will allow VRS providers to 
preserve the scarce resources of specialist CAs and best match the 
unique skills of these individuals to the callers that need them.
    10. Sequential Call Rule Waiver. The Commission waives the 
sequential call rule, which prohibits CAs from refusing to handle 
multiple calls in a row from the same caller, in those instances in 
which, following a specialist call, a consumer asks the CA to place a 
second call that requires no specialist handling. Waiving this rule in 
these particular circumstances will help ensure that CAs skilled in 
medical, legal, or technical terminology remain available for callers 
in need of such skills to achieve effective communication.
    11. Data Collection. To evaluate the demand for and the costs and 
benefits of skills-based routing, the Commission requires each 
participating provider to submit to the Fund Administrator, with their 
monthly requests for compensation, the following data for each month of 
the trial, disaggregated by each of the three skill set categories:
     The number of CAs available for specialist interpreting 
and the total number of hours per week that all such CAs were assigned 
to such function (i.e., total hours in which they were actively engaged 
in specialist interpreting plus total downtime associated with such 
interpreting);
     The percentage of active telephone numbers on the American 
Sign Language (ASL) side and the voice side of calls, respectively, for 
which a specialist interpreter was used for at least one call;
     The numbers of compensable calls and conversation minutes 
handled by specialist interpreters;
     Identification within monthly call detail reports (CDRs) 
of those calls routed or transferred to or from specialized CAs;
     For each call sent to a specialist interpreter or queue, 
the amount of time that elapsed between a request for a specialist 
interpreter and the time the interpreter joined the call--i.e., the 
speed of answering the caller's request; and
     The number of calls for which a specialist interpreter was 
requested but not provided.
    12. The Commission also requires participants to submit, no later 
than June 1, 2018, a final report on the trial containing the following 
information, disaggregated by skill set where indicated:
     A description of the standards used to determine (1) 
whether a specialist interpreter was needed on a call and (2) whether a 
particular CA was qualified for assignment as a specialist interpreter;
     Detailed documentation of incremental costs incurred in 
conducting the trial, including any incremental costs associated with 
CA recruitment, training, and compensation, engineering and technical 
implementation, marketing, and administrative and management support 
(including oversight, evaluation, and recordkeeping);
     For providers choosing to notify callers of wait-time 
estimates, data on such waiting periods, as well as feedback on the 
benefits and disadvantages of offering this feature; and
     The percentage of requests for specialized interpreting by 
individuals with disabilities as compared to requests made by hearing 
individuals.
    13. Consideration of whether to allow skills-based routing on a 
permanent basis also would benefit from the submission by participating 
providers of studies designed for objective assessment of whether and 
by how much the accuracy of interpreting improves when calls involving 
medical, legal, and computer support matters are subject to skills-
based routing, with full documentation of the standards and measurement 
methods used.
    14. The Commission requires providers to make all data collected in 
the trial available upon request to the TRS Fund administrator and the 
Commission staff. The TRS Fund administrator or the Commission may 
release the results of the trial in an aggregated or anonymized 
fashion. All personally identifiable user information gathered for the 
purposes of the trial shall remain confidential pursuant to the 
Commission's confidentiality rules.
    15. The Commission directs the Office of Managing Director (OMD) 
and the TRS Fund administrator to consult with each of the providers 
participating in the trial, to formulate their individual data 
collection strategies--before the beginning of the trial and as needed 
during the trial--to ensure that the data collected addresses the 
categories listed above and is robust enough to provide sufficient 
basis for a Commission decision on whether to permit skills-based 
routing on a permanent basis, as well as how to address any issues that 
surface during the trial.

Trial of Deaf Interpreters

    16. Based on the record in this proceeding, for the same eight-
month trial period used for assessing skills-based routing, the 
Commission conducts a voluntary trial of the provision of deaf 
interpreters for VRS calls under the conditions set forth below.
    17. The Commission is interested in studying whether deaf 
interpreters improve VRS efficiency and functional equivalency, but 
presently lacks sufficient information about the demand for, as well as 
the costs and benefits of, providing deaf interpreters in the VRS 
setting. The Commission believes that the collection of this and other 
data over an eight-month period will help inform it about whether and 
how the provision of such interpreters should be included in allowable 
costs or otherwise subject to compensation from the TRS Fund.
    18. Providers interested in participating in the trial should 
provide notification of their intent to participate to CGB by June 1, 
2017, including a description of the standards they will use to 
determine whether a deaf interpreter was needed for a call and whether 
a particular individual is qualified for assignment as a deaf 
interpreter. Such notification may be sent by email to 
[email protected]. Participating providers are requested to submit to 
the Fund Administrator, with their monthly requests for compensation, 
the following data for each month of the trial:
     The number of deaf interpreters utilized and the total 
number of hours for which all such interpreters were employed;
     The percentage of active telephone numbers on the ASL side 
of a call for which a deaf interpreter was added for at least one call;
     The numbers of compensable calls and conversation minutes 
in which deaf interpreters participated, broken down, to the extent 
ascertainable by the CA or provider, by whether such participation was 
necessary due to the user's (1) age, (2) limited English, (3) limited 
ASL proficiency, (4) cognitive or motor disability, or (5) other 
characteristics;
     Identification within monthly CDRs of those calls in which 
deaf interpreters participated;
     For each call on which a deaf interpreter was used, the 
amount of time that elapsed between a request for a deaf interpreter 
and the time a deaf interpreter joined the call--i.e., how quickly the 
provider responded to the caller's request;
     For each call on which a deaf interpreter was used, the 
duration of the deaf interpreter's presence on the call; and
     The number of calls for which a deaf interpreter was 
requested but not provided.

[[Page 17757]]

    19. The Commission also requests participants to submit, no later 
than June 1, 2018, a final report on the trial containing the following 
information, disaggregated by skill set where indicated:
     A description of the standards that were used to determine 
(1) whether a deaf interpreter was needed for a call and (2) whether a 
particular individual is qualified for assignment as a deaf 
interpreter; and
     Detailed documentation of incremental costs incurred in 
the use of deaf interpreters, including any incremental costs 
associated with interpreter recruitment, training, and compensation, 
engineering and technical implementation, marketing, and administrative 
and management support (including oversight, evaluation and 
recordkeeping).
    20. The Commission believes that these metrics will assist the 
Commission in determining, among other things, the general availability 
of and appropriate service quality for deaf interpreters, an 
appropriate speed of answer, whether participation of deaf interpreters 
results in more efficient calls--e.g., by shortening the length of 
calls, and whether additional compensation is needed to support the 
provision of such interpreters.
    21. The Commission expects providers to make all data collected in 
the trial available upon request to the TRS Fund administrator and the 
Commission staff. The TRS Fund administrator or the Commission may 
release the results of the trial in an aggregated or anonymized 
fashion. All personally identifiable user information gathered for the 
purposes of the trial will be treated as confidential pursuant to the 
Commission's confidentiality rules.
    22. The Commission directs OMD and the TRS Fund administrator to 
consult with each of the providers participating in the trial, to 
formulate their individual data collection strategies--before the 
beginning of the trial and as needed during the trial--to ensure that 
the data collected addresses the categories listed above and is robust 
enough to provide sufficient basis for a Commission decision on whether 
to incorporate deaf interpreters on a permanent basis, as well as how 
to address any issues that surface during the trial.
    23. VRS providers employing deaf interpreters must comply with all 
applicable mandatory minimum standards. Because a deaf interpreter does 
not perform all the functions of a CA, but rather provides 
supplementary assistance, the participation of a deaf interpreter does 
not necessarily affect a provider's speed of answer or compliance with 
other telecommunications relay services (TRS) rules. Further, the 
Commission leaves the parameters of participation in the deaf 
interpreters trial largely to the discretion of individual providers. 
For the same reasons discussed above regarding skills-based routing, in 
any instance where a caller requests a deaf interpreter in advance of 
placing a call and is subject to additional waiting time before the 
call can be placed, in excess of the time needed for a hearing CA to be 
available, the Commission waives the answer-in-the-order-received and 
speed-of-answer rules with respect to such additional waiting time, for 
those providers that participate in the trial and who provide timely 
and accurate reports containing the information specified above, on 
condition that the provider makes clear that there will be an 
additional wait and expressly offers to proceed without a deaf 
interpreter.

Speed of Answer

    24. The Commission is persuaded that releasing summaries of each 
provider's speed-of-answer performance data to the public would be 
beneficial because it will enable consumers to monitor provider 
performance and supply valuable information that can assist in their 
selection of VRS providers. The Commission further believes that in the 
interest of attracting customers, publication of this data may create 
incentives for providers to tighten their speed-of-answer performance. 
Accordingly, the Commission directs OMD, in coordination with CGB, to 
publish summaries of each VRS provider's speed-of-answer data--obtained 
from the TRS Fund administrator--on a semi-annual basis on the 
Commission's Web site. The information published shall not identify 
individual callers or phone numbers. Notification of the release of 
such information shall be made by Public Notice. The Commission further 
directs that such information be prepared for the public in an easy-to-
read format, to allow for easy comparisons of provider performance, and 
that the summaries be accompanied by a statement that the data shown 
are only averages and do not predict how long it will take for a 
provider to answer any individual call.
    25. Given that VRS users are now able to directly dial their 
destination number without intervention by a CA, the Commission amends 
its rules to define when VRS calls are ``answered'' for the purpose of 
the speed-of-answer measurement as when a call is answered by a CA--
i.e., not when it is put on hold, placed in a queue, or connected to an 
interactive voice response (IVR) system. Thus, the current formula for 
assessing compliance will be amended to explicitly state that the call 
must be answered by a CA, as follows: [(calls unanswered and 
disconnected by the caller in 45 seconds or less) + (calls answered by 
a CA in 45 seconds or less)] divided by [all calls (unanswered and 
answered)].
    26. The Commission declines to adopt a self-executing exemption 
from the speed-of-answer standard for calls occurring as a result of 
specific extraordinary events beyond a provider's control. The 
Commission's mandatory minimum standards require all TRS providers to 
have ``redundancy features functionally equivalent to the equipment in 
normal central offices, including uninterruptable power for emergency 
use.'' However, the Commission also recognizes that at times, there may 
be exigent circumstances that affect either multiple centers at the 
same time, or a single center in such an extraordinary way that meeting 
the speed of answer becomes extremely difficult or impossible, and 
warrant some flexibility by the Commission. Should this occur, 
providers may bring such circumstances to the attention of the 
Commission in the form of a waiver request, which shall be reviewed on 
its merits on a case-by-case basis. The waiver request shall include a 
description of the nature of the exigent circumstances, a discussion of 
what the provider is doing to mitigate the effects of such 
circumstances, and the average speed-of-answer calculations for the 
period covered by the waiver request. To ensure that any delay in 
addressing such requests does not unnecessarily disrupt the provision 
of compensation, the Commission amends its rules to instruct the TRS 
Fund administrator not to withhold payment pending review of such 
waiver requests.

iTRS Numbers for Hearing People

    27. The Commission believes that enabling registered VRS users to 
communicate directly with hearing individuals who can sign not only 
will conserve the resources of the TRS Fund but also will allow ``more 
natural, efficient, and effective communication'' between the deaf and 
hearing communities. Accordingly, the Commission amends the TRS rules 
to permit VRS providers to assign ten-digit telephone numbers 
associated with the TRS Numbering Directory (iTRS numbers) to hearing 
individuals upon their request, in accordance with the rules adopted 
herein. VRS providers shall allow such iTRS numbers to be

[[Page 17758]]

used only for point-to-point video communications and shall not allow 
them to be used to place or receive VRS calls. Accordingly, it will not 
be permissible for these numbers to be used for the purpose of 
contacting 911 services. In order to ensure that there is no such 
expectation by iTRS number recipients who are hearing, the Commission 
directs providers who distribute such numbers to provide a clear 
warning about this limitation.
    28. Because the Commission is only permitting, and does not 
require, VRS providers to assign iTRS numbers to hearing individuals, 
and because such numbers may not be used to access TRS, the Commission 
will not permit any costs associated with such number assignment to be 
included as allowable costs in provider cost data submissions to the 
TRS Fund administrator at this time. Thus, in VRS providers' annual 
cost submissions, any incremental costs for number assignment, back-
office services, and the like associated with providing iTRS numbers 
and connectivity to hearing individuals shall be separated from any 
allowable costs associated with number assignment and point-to-point 
communications for registered VRS users. Such costs may be recovered 
from the individuals to whom such numbers are assigned.
    29. To aid in the prevention of fraud, waste, and abuse, and to 
ensure that only residents of the United States have access to point-
to-point service via iTRS numbers, the Commission requires that VRS 
providers obtain from each hearing applicant seeking an iTRS number the 
individual's full name, residential address, birth date, and a signed 
self-certification that:
     The individual is proficient in sign language;
     The individual understands that the iTRS number may only 
be used for the sole purpose of communicating--via point-to-point--over 
distances with registered VRS users;
     The individual understands that such iTRS number may not 
be used to access VRS; and
     The individual understands that calls to 911 are not 
supported by such iTRS number.
    30. In addition to transmitting the above information, the 
Commission requires each VRS provider to deliver the following to the 
TRS User Registration Database (TRS-URD) administrator:
     Each iTRS number assigned in the TRS Numbering Directory 
to hearing persons;
     The VRS provider's name and dates of service initiation 
and termination (as applicable); and
     The date on which an iTRS number was assigned to or 
removed from a hearing person.
    31. To ensure that restrictions on the use of these numbers can be 
implemented and enforced, the Commission requires each default provider 
distributing an iTRS number to a hearing individual to notify both the 
TRS Numbering Directory and the TRS-URD that the individual is a 
hearing person who is not entitled to place or receive VRS calls. Such 
numbers shall be coded in the TRS-URD and TRS Numbering Directory as 
restricted numbers that may only be used for point-to-point calls. VRS 
providers are prohibited from seeking compensation for any call 
involving an iTRS number assigned to a hearing individual.
    32. The Commission requires providers to make all information 
collected to address the above requirements available upon request to 
the TRS Fund administrator and the Commission staff. All personally 
identifiable user information gathered for this purpose shall remain 
confidential pursuant to the Commission's confidentiality rules.

At-Home VRS Call Handling

    33. The Commission amends its rules to authorize a voluntary pilot 
program of at-home VRS call handling, subject to specified safeguards, 
for a twelve-month period, beginning November 1, 2017, and ending 
November 1, 2018. During this period, in any month of the program, a 
participating VRS provider may be compensated for minutes served by at-
home CA workstations up to a maximum of either 30 percent of a VRS 
provider's total minutes for which compensation is paid in that month 
or 30 percent of the provider's average monthly minutes for the 12 
months ending October 31, 2017, whichever is greater. This is a 
limitation on the minutes handled at-home that will be subject to 
compensation; however, exceeding this limit during the pilot program 
period will not result in penalties and forfeitures. The Commission 
will gather data as the pilot proceeds, to inform a final determination 
on whether to make this program permanent. The Commission will permit 
any of the currently certified VRS providers to participate in this 
pilot, subject to Commission approval of their plans for participation 
and the conditions specified below.
    34. The Commission believes that with current technology and 
experienced CAs, VRS providers likely can protect against waste, fraud, 
and abuse, and comply with the Commission's mandatory minimum standards 
while effectively handling VRS calls from CA at-home workstations. This 
approach aligns with current practices across industry and government 
sectors that permit at-home communications-related work under strict 
confidentiality standards. CA workstations, whether located in a call 
center or at home, can be integrated in a virtual system in which call 
handling protocols apply seamless capabilities and failover procedures 
to ensure that quality standards are met at every workstation 
regardless of its location.
    35. Safeguards for At-Home Workstations. To protect against waste, 
fraud, and abuse, guarantee call confidentiality, and ensure compliance 
with the Commission's rules and orders governing TRS, during the trial 
the Commission requires VRS providers to adhere to the following 
safeguards for all of their at-home CA workstations. The Commission 
also expects these providers to respond as quickly as they are able to 
any indications that their at-home CAs or workstations may not be 
meeting these safeguards or any of the Commission's TRS standards.
    36. Personnel Safeguards. Providers must ensure that CAs working 
from at-home workstations have the skills, experience, and knowledge to 
effectively handle the wide range of communications that take place 
over VRS. To achieve this, the Commission requires participating VRS 
providers to comply with the following safeguards:
     Before permitting CAs to handle calls from an at-home 
workstation, VRS providers must ensure that they have a level of 
experience, skills, and knowledge to effectively interpret from these 
workstations, including a thorough understanding of the Commission's 
mandatory minimum standards. This can be measured, for example, by 
having providers conduct tests or assessments of a CA's capabilities 
and knowledge prior to permitting participation in the program.
     To provide a measure of added assurance that CAs working 
at home have sufficient experience, skills, and knowledge to work 
without in-person supervision, any CA permitted to work at home first 
must have three years of experience as a call center CA.
     Before authorizing at-home workstations, VRS providers 
must establish protocols for the handling of calls from these stations 
(to the extent there are additional protocols that differ from those 
applicable to the provider's call centers) and must provide training to 
at-home CAs on such protocols, in addition to all applicable training 
that is required of CAs working from call centers.

[[Page 17759]]

     Before being permitted to work at home, CAs must certify 
to the provider in writing their understanding of and commitment to 
complying with the Commission's rules governing TRS, including rules 
governing caller confidentiality and fraud prevention.
     VRS providers must provide CAs working from at-home 
workstations equivalent support to that provided to their counterparts 
working from call centers, as needed to effectively handle calls, 
including, where appropriate, the opportunity to team interpret and 
consult with supervisors. Supervisors located at call centers must be 
readily available to CAs working from home to resolve problems that may 
arise during a relay call, such as difficulty in understanding a VRS 
user's signs, the need for added support for emergency calls, and 
relieving a CA in the event of the CA's sudden illness.
     Each provider shall establish grounds for dismissing a CA 
from the at-home program (i.e., for noncompliance with the Commission's 
at-home call handling safeguards and rules governing TRS), including a 
process for such termination in the event that the CA fails to adhere 
to these requirements. Such grounds and process must be put in writing 
and provided to each CA participating in the pilot program. CAs must 
certify as to their understanding of the reasons and process for such 
dismissal.
    37. Technical and Environmental Safeguards. The home environment 
used to handle VRS calls must meet certain standards to ensure the 
provision of confidential and uninterrupted services to the same extent 
as the provider's call center. VRS providers must also ensure that at-
home CAs are seamlessly integrated into their call routing, 
distribution, tracking, and support systems. This will help ensure that 
VRS providers have the same level of oversight over an at-home CA 
workstation as a CA workstation in a call center. To achieve this and 
to ensure compliance with the Commission's minimum standards, the 
Commission requires the following safeguards:
     Each at-home workstation shall reside in a separate, 
secure location in the CA's home, where access is restricted solely to 
the CA.
     Each at-home workstation shall allow a CA to use all call-
handling technology to the same extent as other CAs, including the 
ability to transition a non-emergency call to an emergency call, engage 
in virtual teaming with another CA, and allow supervisors to 
communicate with and oversee calls.
     VRS providers shall ensure that each at-home workstation 
is capable of supporting VRS in compliance with the Commission's 
mandatory minimum technical and emergency call handling standards, 
including the provision of system redundancy, and other safeguards to 
the same degree as these are available at call centers, and including 
the ability to route VRS calls around individual CA workstations in the 
event they experience a network outage or other service interruption.
     Each at-home workstation shall be equipped with an 
effective means to prevent eavesdropping, such as white noise emitters 
or soundproofing, and to ensure that interruptions from noises outside 
the room do not adversely affect a CA's ability to interpret a call 
accurately and effectively.
     Each CA workstation must connect to the provider's network 
over a secure connection to ensure caller privacy.
    38. Monitoring and Oversight Obligations. The Commission requires 
the following additional measures in order to appropriately monitor and 
oversee the at-home call handling pilot program:
     To ensure CA compliance with the enumerated safeguards, 
VRS providers shall inspect and approve each at-home workstation before 
activating a CA's workstation for use.
     The VRS provider shall assign a unique call center 
identification number (ID) to each VRS at-home workstation and use this 
call center ID to identify all minutes handled from each such 
workstation in its call detail records submitted monthly to the TRS 
Fund administrator.
     Each at-home workstation shall be equipped with monitoring 
technology sufficient to ensure that off-site supervision approximates 
the level of supervision at the provider's call center, including the 
ability to monitor both ends of a call, i.e., video and audio, to the 
same extent as is possible in a call center. Although the Commission 
does not dictate the form of such monitoring, the Commission notes that 
commenters suggest an external camera with a view of the CA's workspace 
and tracking software that is capable of recording CA actions and 
producing reports that can be analyzed for anomalies. To the extent 
that this method is used, providers shall regularly analyze such data 
to proactively address possible waste, fraud, and abuse.
     Each provider shall keep all records pertaining to at-home 
work stations, including the data produced by any at-home workstation 
monitoring technology, except for any data that records the content of 
an interpreted conversation, for a minimum of three years. At-home 
workstations and workstation records shall be subject to review, audit, 
and inspection by the Commission and the Fund administrator to the same 
extent as data produced from other call centers subject to the 
Commission's rules.
     Each provider must conduct random and unannounced 
inspections of at least five percent (5%) of all at-home workstations 
during the pilot program and report its findings as specified below. In 
addition, each at-home work environment may be subject to unannounced 
on-site inspections by the Commission.
     Each at-home workstation will be subject to audits to the 
same extent as other call centers subject to the Commission's rules.
    39. Participation in the Pilot Program. Each currently certified 
VRS provider interested in participating in the pilot program must 
provide notification to the Commission of its intent to participate to 
CGB by September 1, 2017, together with a detailed plan of how it 
intends to achieve compliance with the Commission's safeguards 
enumerated above and standards governing VRS. Per the safeguards noted 
above, in these plans VRS providers shall specify the following:
     A description of the screening process used to select CAs 
for the at-home call handling program;
     A description of specific training to be provided for at-
home CAs;
     A description of the protocols and CA expectations 
developed for the at-home call handling program;
     A description of the grounds for dismissing a CA from the 
at-home program and the process for such termination in the event that 
the CA fails to adhere to applicable requirements;
     A description of all steps that will be taken to install a 
workstation in a CA's home, including evaluations that will be 
performed to ensure all workstations are sufficiently secure and 
equipped to prevent eavesdropping and outside interruptions;
     A description of the monitoring technology to be used by 
the provider to ensure that off-site supervision approximates the level 
of supervision at the provider's call center;
     An explanation of how the provider's workstations will 
connect to the provider's network, including how they will be 
integrated into the call center routing, distribution, tracking, and 
support systems, and how the provider will ensure system redundancy in 
the event of service disruptions in at-home workstations;

[[Page 17760]]

     A signed certification by an officer of the provider that 
the provider will conduct random and unannounced inspections of at 
least five percent (5%) of all at-home workstations during the pilot 
program; and
     The provider's commitment to comply with all other 
safeguards enumerated above and Commission rules governing TRS.
    40. CGB, in consultation with OMD, will approve plans that 
demonstrate that the provider will fully comply with the Commission's 
standards and safeguards. Such approval may be canceled if the provider 
falls out of such compliance at any time. In addition, providers may be 
subject to withholding, forfeitures, and penalties for noncompliant 
minutes handled by at-home workstations, as is the case for non-
compliant minutes handled by call centers.
    41. Data Collection. Participating providers will be required to 
submit to the TRS Fund administrator, with their monthly requests for 
compensation for minutes handled from both call centers and at-home 
workstations, the following data for each month of the pilot program:
     The call center ID and full street address (number, 
street, city, state, and zip code) for each at-home workstation and the 
CA ID number for each individual handling VRS calls from that 
workstation; and
     The location and call center IDs of call centers providing 
supervision for at-home workstations, plus the names of persons at such 
call centers responsible for oversight of these workstations.
    42. In addition to these monthly reports, the Commission requires 
participants to submit, no later than seven months after the start of 
the program, a report covering the first six months of their individual 
pilot programs containing the following information:
     A description of the actual screening process used to 
select CAs for the at-home call handling program;
     Copies of training materials provided to at-home CAs;
     Copies of written protocols used for CAs working from 
home;
     The total number of CAs handling VRS calls from at-home 
workstations over the first six months of the program;
     The number of 911 calls handled by the provider's at-home 
workstations;
     A description and copies of any surveys or evaluations 
taken of CAs concerning their experience using at-home workstations and 
participating in an at-home call handling program;
     The total number of CAs terminated from the program;
     The total number of complaints, if any, submitted to the 
provider regarding its at-home call handling program or calls handled 
by at-home CAs;
     The total number of on-site inspections of at-home 
workstations conducted, along with the dates and locations of such 
inspections;
     A description of the monitoring technology used to monitor 
CAs working at home and an analysis of the experience of supervisors 
overseeing at-home CAs compared to overseeing CAs in a call center;
     Copies of any reports produced by tracking software and a 
description explaining how the provider analyzed the reports for 
anomalies; and
     Detailed documentation of costs incurred in the use of at-
home workstations, including any costs associated with CA recruitment, 
training and compensation, engineering and technical set-up (including 
workstation set-up), and administrative and management support 
(including oversight, evaluation, and recording).
    43. In light of these information reporting requirements, during 
the pilot program the Commission does not require VRS providers to 
include redundant data pertaining to at-home call handling workstations 
in semi-annual call center reports and in call center change 
notifications under the Commission's existing rules. See 47 CFR 
64.604(c)(5)(iii)(N)(2).
    44. The Commission acknowledges the concerns of some commenters 
about the costs that may be associated with safeguards required for at-
home call handling. However, the Commission's action today authorizes, 
rather than mandates, participation in the at-home pilot program. 
Accordingly, each VRS provider has the opportunity to assess for itself 
whether the costs of implementing this practice--and the requisite 
safeguards--outweigh its benefits. Additionally, the Commission 
believes that there may be some cost savings associated with 
implementing at-home interpreting. The Commission is hopeful that the 
data it collects during the pilot program will test the accuracy of 
this assumption and provide comprehensive information about the costs 
and benefits of allowing at-home workstations. The Commission concludes 
that if implemented with safeguards, the benefits of a pilot at-home 
interpretation program may outweigh its costs and warrant lifting the 
prohibition against this feature for a one-year period. The Commission 
will evaluate the value and effectiveness of this program at the 
conclusion of this period to make a determination on its continuation.

Legal Authority for Trials of Skills-Based Routing and Deaf 
Interpreters, and Pilot Program for At-Home Interpreting

    45. The Commission concludes it has authority under 47 U.S.C. 225 
to conduct trials of skills-based routing and the use of deaf 
interpreters, and to establish a pilot program for at-home 
interpreting. Section 225 of the Act defines TRS as services that 
enable individuals with hearing and speech disabilities to engage in 
communication in a manner that is functionally equivalent to voice 
communications service, directs the Commission to ensure that such 
services are available to the extent possible and the most efficient 
manner, and authorizes the Commission to prescribe regulations to 
implement section 225 of the Act, including functional requirements, 
guidelines, operational procedures, and minimum standards. 47 U.S.C. 
225(a)(3), (b)(1), (d)(1), (d)(1)(A), (B). The record indicates that 
the use of skills-based routing, deaf interpreters, and at-home 
interpreting may improve the functional equivalence and efficiency of 
VRS. The data gathered from these trials and pilot program will enable 
the Commission to more fully assess these benefits as well as any 
additional costs resulting from such practices.

Final Regulatory Flexibility Analysis

    46. As required by the Regulatory Flexibility Act of 1980 (RFA), as 
amended, the Commission incorporated an Initial Regulatory Flexibility 
Analysis (IRFA) into each of the Further Notices of Proposed 
Rulemaking. The Commission sought written public comment on the 
proposals in the 2013 VRS FNPRM and the 2015 VRS FNPRM, including 
comment on the two IRFAs. No comments were received on either IRFA.

Need for, and Objectives of, the Proposed Rules

    47. Document FCC 17-26 makes rule changes to improve the functional 
equivalence of VRS by approving, pursuant to Commission authority under 
47 U.S.C. 225, eight-month trials for: (a) skills-based routing by 
which VRS calls can be routed to a CA who specializes in legal, medical 
or technical terminology; and (b) the use of deaf interpreters who work 
in conjunction with hearing interpreters in special situations, such as 
when a caller has limited signing ability. Document FCC 17-26 also: (a) 
Modifies the formula for calculating the speed of answer so that the 
measured wait time does not end

[[Page 17761]]

until the call is answered by a CA--i.e., not when the call is put on 
hold, placed in a queue, or connected to an IVR system; (b) permits the 
assignment of iTRS numbers to hearing individuals who know ASL to 
communicate directly with VRS users through point-to-point video 
service without the use of a CA; and (c) authorizes, pursuant to 
Commission authority under 47 U.S.C. 225, a twelve-month pilot program 
for at-home VRS call handling, subject to requirements, including 
training, having secure workstations in a separate room, monitoring, 
and reporting to the Commission on the number of CAs working from home, 
their locations, and the minutes of use, which are necessary to protect 
to the privacy of VRS users and prevent waste, fraud, and abuse.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    48. No comments were filed in response to either IRFA.

Small Entities Impacted

    49. The rules adopted in document FCC 17-26 will affect obligations 
of VRS Providers. These services can be included within the broad 
economic category of All Other Telecommunications. Five providers 
currently receive compensation from the TRS Fund for providing VRS: ASL 
Services Holdings, LLC; CSDVRS, LLC; Convo Communications, LLC; Purple 
Communications, Inc.; and Sorenson Communications, Inc.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    50. The two trials--for skills-based routing and deaf 
interpreters--are voluntary. There are some recordkeeping, reporting 
and other compliance requirements associated with the trials, but those 
requirements apply only if a VRS provider decides to engage in a trial.
    51. The long-term rules adopted in the document FCC 17-26 have 
minor compliance requirements. First, the modification for measuring 
the speed-of-answer only requires VRS providers to make minor 
adjustments to their automated methods of keeping records of how fast 
calls are answered. Second, the assignment of iTRS numbers to hearing 
individuals who can sign is essentially an extension of the VRS 
providers' existing obligation to collect and maintain the required 
data to facilitate the assignment and usage of such numbers by VRS 
callers and to prevent waste, fraud, and abuse. Finally, although 
document FCC 17-26 includes regulatory requirements associated with a 
pilot program for at-home VRS call handling, including training, having 
secure workstations in a separate room, monitoring, and reporting to 
the Commission on the number of CAs working from home, their locations, 
and the minutes of use, such requirements are necessary to protect the 
privacy of users and prevent waste, fraud, and abuse.

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

    52. The skills-based routing trial and the trial of deaf 
interpreters are voluntary, thereby minimizing the potential 
recordkeeping, reporting, and compliance requirements. Even for VRS 
providers that choose to participate in the trials, the VRS providers 
will be designing their own trials; therefore, they will control the 
sizes of their trials and the corresponding compliance impacts. 
Moreover, the proposal for a skills-based routing trial was initially 
made jointly by all of the VRS providers in 2015, and many of the 
reporting requirements for both trials have been suggested by the 
smaller VRS providers.
    53. The new rules concerning speed of answer evolved from a 
proposal to increase the speed-of-answer requirement. To address 
concerns raised by the VRS providers of having to comply with an 
increased speed of answer without receiving corresponding increases in 
their compensation, the Commission decided not to change the speed of 
answer at this time. The small change in the methodology for 
calculating speed-of-answer will have minimal impact on the VRS 
providers.
    54. The authorization to provide iTRS numbers to hearing 
individuals will have similar proportional impact on large and small 
VRS providers. The data gathering and recordkeeping associated with the 
provision of such numbers is basically an extension of the VRS 
providers' current roles in providing iTRS numbers to VRS users. The 
costs of number assignments, back-office services, and the like shall 
be handled in the same manner as comparable cost functions performed in 
connection with number assignment and point-to-point communications for 
registered VRS users.
    55. The regulatory requirements associated with the pilot program 
for at-home VRS call handling, including training, having secure 
workstations in a separate room, monitoring, and reporting to the 
Commission on the number of CAs working from home, their locations, and 
the minutes of use, are necessary to protect the privacy of users and 
prevent waste, fraud, and abuse. The VRS providers will be in control 
of the number of such CAs working at home, and a VRS provider can 
decide not to allow any CAs to work at home. The costs of setting up 
the necessary workstations and the associated training, monitoring, 
reporting, etc. shall be handled in a manner similar to comparable 
functions performed at the VRS providers' call centers.
    56. No commenters raised other alternatives that would lessen the 
impact of any of these requirements on small entities vis-[agrave]-vis 
larger entities.

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

    57. None.

Ordering Clauses

    Pursuant to sections 1, 2, 225, and 251 of the Communications Act 
of 1934, as amended, 47 U.S.C. 151, 152, 225, 251, document FCC 17-26 
is adopted, and part 64 of title 47 is amended.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of document FCC 17-26, 
including the Final Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 64

    Individuals with disabilities, Telecommunications, 
Telecommunications relay services, Video relay services.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    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, 225, 254(k), 403(b)(2)(B), (c), 715, 
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.  64.601 by adding paragraphs (a)(47) through (49) to read 
as follows:

[[Page 17762]]

Sec.  64.601  Definitions and provisions of general applicability.

    (a) * * *
    (47) Hearing point-to-point video user. A hearing individual who 
has been assigned a ten-digit NANP number that is entered in the TRS 
Numbering Directory to access point-to-point service.
    (48) Point-to-point video service. A service that enables a user to 
place and receive non-relay video calls without the assistance of a CA.
    (49) Point-to-point video call. A call placed via a point-to-point 
video service.
* * * * *

0
3. Amend Sec.  64.604 by revising paragraphs (b)(2)(iii)(B) and 
(b)(4)(iii) and adding paragraphs (b)(8) and (c)(5)(iii)(L)(6) to read 
as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * *
    (B) VRS CA service providers must meet the speed of answer 
requirements for VRS providers as measured from the time a VRS call 
reaches facilities operated by the VRS CA service provider to the time 
when the call is answered by a CA--i.e., not when the call is put on 
hold, placed in a queue, or connected to an IVR system.
* * * * *
    (4) * * *
    (iii) A VRS CA may not handle VRS calls from a location primarily 
used as his or her home unless as part of the voluntary at-home VRS 
call handling pilot program as provided for by paragraph (b)(8) of this 
section.
* * * * *
    (8) Voluntary at-home VRS call handling pilot program. Any VRS 
provider that holds a conditional or full certification to receive 
compensation from the TRS Fund pursuant to Sec.  64.606 as of March 23, 
2017 may participate in the voluntary at-home VRS call handling pilot 
program. The pilot program shall be in effect for one year, for service 
provided by participants beginning November 1, 2017, and ending October 
31, 2018.
    (i) Notification of intent to participate. A VRS provider seeking 
to participate in the pilot program shall notify the Commission of its 
intent to participate on or before September 1, 2017, and shall include 
in such notification a detailed plan demonstrating that the VRS 
provider intends to achieve compliance with the mandatory minimum 
standards applicable to VRS and with the safeguards enumerated in this 
paragraph (b)(8). Plans submitted by VRS providers shall specify the 
following:
    (A) A description of the screening process used to select CAs for 
the at-home call handling program;
    (B) A description of specific training to be provided for at-home 
CAs;
    (C) A description of the protocols and CA expectations developed 
for the at-home call handling program;
    (D) A description of the grounds for dismissing a CA from the at-
home program and the process for such termination in the event that the 
CA fails to adhere to applicable requirements;
    (E) A description of all steps that will be taken to install a 
workstation in a CA's home, including evaluations that will be 
performed to ensure all workstations are sufficiently secure and 
equipped to prevent eavesdropping and outside interruptions;
    (F) A description of the monitoring technology to be used by the 
provider to ensure that off-site supervision approximates the level of 
supervision at the provider's call center;
    (G) An explanation of how the provider's workstations will connect 
to the provider's network, including how they will be integrated into 
the call center routing, distribution, tracking, and support systems, 
and how the provider will ensure system redundancy in the event of 
service disruptions in at-home workstations;
    (H) A signed certification by an officer of the provider that the 
provider will conduct random and unannounced inspections of at least 
five percent (5%) of all at-home workstations during the pilot program; 
and
    (I) A commitment to comply with all other safeguards enumerated in 
this paragraph (b)(8) and the applicable rules in this chapter 
governing TRS.
    (ii) Authorization for at-home VRS call handling. Upon Commission 
approval of a VRS provider's plan, the provider may conduct at-home VRS 
call handling during the period of the pilot program. The Commission 
may cancel such approval if a VRS provider fails to comply with any of 
the safeguards enumerated in this paragraph (b)(8) or other applicable 
mandatory minimum TRS standards. VRS providers may be subject to 
withholding, forfeitures, and penalties for noncompliant minutes 
handled by at-home workstations, as is the case for non-compliant 
minutes handled by call centers.
    (iii) Limit on minutes handled. In any month of the program, a VRS 
provider may be compensated for minutes served by at-home CA 
workstations up to a maximum of either thirty percent (30%) of a VRS 
provider's total minutes for which compensation is paid in that month 
or thirty percent (30%) of the provider's average monthly minutes for 
the 12 months ending October 31, 2017, whichever is greater.
    (iv) Personnel safeguards. Before permitting CAs to handle VRS 
calls from at-home workstations, VRS providers shall:
    (A) Ensure that each CA handling calls from an at-home workstation 
has the experience, skills, and knowledge necessary to effectively 
interpret from these workstations, including a thorough understanding 
of the TRS mandatory minimum standards and at least three years of 
experience as a call center CA.
    (B) Establish protocols for the handling of calls from at-home 
workstations (to the extent there are additional protocols that differ 
from those applicable to the provider's call centers) and provide 
training to at-home CAs on such protocols, in addition to all 
applicable training that is required of CAs working from call centers.
    (C) Provide each CA working from an at-home workstation equivalent 
support to that provided to CAs working from call centers, as needed to 
effectively handle calls, including, where appropriate, the opportunity 
to team interpret and consult with supervisors, and ensure that 
supervisors are readily available to a CA working from home to resolve 
problems that may arise during a relay call, such as difficulty in 
understanding a VRS user's signs, the need for added support for 
emergency calls, and relieving a CA in the event of the CA's sudden 
illness.
    (D) Establish grounds for dismissing a CA from the at-home VRS call 
handling program (i.e., for noncompliance with the standards and 
safeguards enumerated in this paragraph (b)(8) and the rules governing 
TRS), including a process for such termination in the event that the CA 
fails to adhere to these requirements, and provide such grounds and 
process in writing to each CA participating in the pilot program.
    (E) Obtain from each CA handling calls from an at-home workstation 
a certification in writing of the CA's understanding of and commitment 
to complying with the rules in this chapter governing TRS, including 
rules governing caller confidentiality and fraud prevention, and the 
CA's understanding of the reasons and process for dismissal from the 
at-home VRS call handling program.
    (v) Technical and environmental safeguards. Participating VRS 
providers shall ensure that each home environment used for at-home VRS 
call

[[Page 17763]]

handling enables the provision of confidential and uninterrupted 
services to the same extent as the provider's call centers and is 
seamlessly integrated into the provider's call routing, distribution, 
tracking, and support systems. VRS providers shall ensure that each at-
home workstation:
    (A) Resides in a separate, secure location in the CA's home, where 
access is restricted solely to the CA;
    (B) Allows a CA to use all call-handling technology to the same 
extent as other CAs, including the ability to transition a non-
emergency call to an emergency call, engage in virtual teaming with 
another CA, and allow supervisors to communicate with and oversee 
calls;
    (C) Is capable of supporting VRS in compliance with the applicable 
mandatory minimum technical and emergency call handling standards to 
the same degree as these are available at call centers, including the 
ability to route VRS calls around individual CA workstations in the 
event the CA experiences a network outage or other service 
interruption;
    (D) Is equipped with an effective means to prevent eavesdropping, 
such as white noise emitters or soundproofing, and to ensure that 
interruptions from noises outside the room do not adversely affect a 
CA's ability to interpret a call accurately and effectively; and
    (E) Is connected to the provider's network over a secure connection 
to ensure caller privacy.
    (vi) Monitoring and oversight obligations. VRS providers shall:
    (A) Inspect and approve each at-home workstation before activating 
a CA's workstation for use;
    (B) Assign a unique call center identification number (ID) to each 
VRS at-home workstation and use this call center ID to identify all 
minutes handled from each such workstation in its call detail records 
submitted monthly to the TRS Fund administrator;
    (C) Equip each at-home workstation with monitoring technology 
sufficient to ensure that off-site supervision approximates the level 
of supervision at the provider's call center, including the ability to 
monitor both ends of a call, i.e., video and audio, to the same extent 
as is possible in a call center, and regularly analyze the records and 
data produced by such monitoring to proactively address possible waste, 
fraud, and abuse;
    (D) Keep all records pertaining to at-home workstations, including 
the data produced by any at-home workstation monitoring technology, 
except for any data that records the content of an interpreted 
conversation, for a minimum of five years; and
    (E) Conduct random and unannounced inspections of at least five 
percent (5%) of all at-home workstations during the pilot program.
    (vii) Commission audits and inspections. At-home workstations and 
workstation records shall be subject to review, audit, and inspection 
by the Commission and the Fund administrator and unannounced on-site 
inspections by the Commission to the same extent as other call centers 
and call center records subject to the rules in this chapter.
    (viii) Monthly reports. Each participating VRS provider shall 
report the following information to the TRS Fund administrator with its 
monthly requests for compensation:
    (A) The call center ID and full street address (number, street, 
city, state, and zip code) for each at-home workstation and the CA ID 
number for each individual handling VRS calls from that workstation; 
and
    (B) The location and call center IDs of call centers providing 
supervision for at-home workstations, plus the names of persons at such 
call centers responsible for oversight of such workstations.
    (ix) Six-month report. Each participating VRS provider shall 
submit, no later than seven months after the start of its program, a 
report covering the first six months of its program, containing the 
following information:
    (A) A description of the actual screening process used to select 
CAs for the at-home call handling program;
    (B) Copies of training materials provided to at-home CAs;
    (C) Copies of written protocols used for CAs working from home;
    (D) The total number of CAs handling VRS calls from at-home 
workstations over the first six months of the program;
    (E) The number of 911 calls handled by the provider's at-home 
workstations;
    (F) A description and copies of any surveys or evaluations taken of 
CAs concerning their experience using at-home workstations and 
participating in an at-home call handling program;
    (G) The total number of CAs terminated from the program;
    (H) The total number of complaints, if any, submitted to the 
provider regarding its at-home call handling program or calls handled 
by at-home CAs;
    (I) The total number of on-site inspections conducted of at-home 
workstations and the date and location of each inspection;
    (J) A description of the monitoring technology used to monitor CAs 
working at home and an analysis of the experience of supervisors 
overseeing at-home CAs compared to overseeing CAs in a call center;
    (K) Copies of any reports produced by tracking software and a 
description explaining how the provider analyzed the reports for 
anomalies; and
    (L) Detailed documentation of costs incurred in the use of at-home 
workstations, including any costs associated with CA recruitment, 
training, and compensation, engineering and technical set-up (including 
workstation set-up), and administrative and management support 
(including oversight, evaluation, and recording).
    (c) * * *
    (5) * * *
    (iii) * * *
    (L) * * *
    (6) If the VRS provider submits a waiver request asserting exigent 
circumstances affecting one or more call centers that will make it 
highly improbable that the VRS provider will meet the speed-of-answer 
standard for call attempts occurring in a period of time identified by 
beginning and ending dates, the Fund administrator shall not withhold 
TRS Fund payments for a VRS provider's failure to meet the speed-of-
answer standard during the identified period of time while the waiver 
request is under review by the Commission. In the event that the waiver 
request is denied, the speed-of-answer requirement is not met, and 
payment has been made to the provider from the TRS Fund for the 
identified period of time or a portion thereof, the provider shall 
return such payment to the TRS Fund for any period of time when the 
speed-of-answer requirement was not met.
* * * * *

0
4. Amend Sec.  64.611 by:
0
a. Adding paragraph (a)(5);
0
b. Removing the ``and'' at the end of paragraph (g)(1)(v);
0
c. Removing the period at the end of paragraph (g)(1)(vi) and adding 
``; and'' in its place;
0
d. Adding paragraph (g)(1)(vii); and
0
e. Revising paragraph (c)(2)(i).
    The additions and revision read as follows:


Sec.  64.611  Internet-based TRS registration.

    (a) * * *
    (5) Assignment of iTRS Numbers to Hearing Point-to-Point Video 
Users. (i) Before assigning an iTRS telephone number to a hearing 
individual, a VRS provider shall obtain from such individual, the 
individual's full name, residential address, date of birth, and a 
written certification, attesting that the individual:
    (A) Is proficient in sign language;
    (B) Understands that the iTRS number may be used only for the 
purpose of

[[Page 17764]]

point-to-point communication over distances with registered VRS users; 
and
    (C) Understands that such iTRS number may not be used to access 
VRS.
    (ii) Before assigning an iTRS telephone number to a hearing 
individual, a VRS provider also shall obtain the individual's consent 
to provide the information required by this paragraph (a)(5) to the TRS 
User Registration Database. Before obtaining such consent, the VRS 
provider, using clear, easily understood language, shall describe the 
specific information to be provided, explain that the information is 
provided to ensure proper administration of the TRS program and inform 
the individual that failure to provide consent will result in denial of 
service. VRS providers shall obtain and keep a record of affirmative 
acknowledgment of such consent by every hearing point-to-point video 
user to whom an iTRS number is assigned.
    (iii) The certification required by paragraph (a)(5)(i) of this 
section must be made on a form separate from any other agreement or 
form, and must include a separate signature specific to the 
certification. For the purposes of this rule, an electronic signature, 
defined by the Electronic Signatures in Global and National Commerce 
Act, 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. For the purposes of this rule, an 
electronic record, defined by the Electronic Signatures in Global and 
National Commerce Act as a contract or other record created, generated, 
sent, communicated, received, or stored by electronic means, 
constitutes a record.
    (iv) Before commencing service to any hearing point-to-point video 
user to whom a VRS provider assigns an iTRS number on or after the TRS 
User Registration Database is operational, a VRS provider shall submit 
to the TRS User Registration Database the information listed in 
paragraph (a)(5)(i) of this section and the following additional 
information:
    (A) The ten-digit telephone number assigned in the TRS Numbering 
Directory to the hearing point-to-point user;
    (B) The VRS provider's name and the date of service initiation; and
    (C) The date on which a ten-digit number was assigned to or removed 
from a hearing point-to-point user.
    (v) For all other hearing point-to-point video users to whom a VRS 
provider has assigned an iTRS number, the VRS provider shall transmit 
the information required by paragraph (a)(5)(iv) of this section within 
60 days after the TRS User Registration Database is operational.
    (vi) Upon the termination of service to any hearing point-to-point 
video user, a VRS provider shall submit to the TRS User Registration 
Database the date of termination of service.
    (vii) A VRS provider shall maintain the confidentiality of the 
information about hearing individuals required by this paragraph (a)(5) 
and may not disclose such information except as required by law or 
regulation.
    (viii) Before commencing service to a hearing point-to-point video 
user who is transferring point-to-point video service from another VRS 
provider, a VRS provider shall notify the TRS User Registration 
Database of such transfer and shall obtain and submit a properly 
executed certification under paragraph (a)(5)(i) of this section.
    (ix) Hearing individuals who are assigned iTRS numbers under this 
paragraph (a)(5) shall not be deemed registered VRS users. VRS 
providers shall not be compensated and shall not seek compensation from 
the TRS Fund for any VRS calls to or from such iTRS numbers.
* * * * *
    (c) * * *
    (2) * * *
    (i) Take such steps as are necessary to cease acquiring routing 
information from any VRS, IP Relay, or hearing point-to-point video 
user that ports his or her number to another VRS or IP Relay provider 
or otherwise selects a new default provider;
* * * * *
    (g) * * *
    (1) * * *
    (vii) If the provider assigns iTRS numbers to hearing point-to-
point video users, an explanation that hearing point-to-point video 
users will not be able to place an emergency call.
* * * * *

0
5. Amend Sec.  64.613 by revising paragraphs (a)(1) and (2) to read as 
follows:


Sec.  64.613  Numbering directory for Internet-based TRS users.

    (a) * * *
    (1) The TRS Numbering Directory shall contain records mapping the 
geographically appropriate NANP telephone number of each Registered 
Internet-based TRS User and hearing point-to-point video user to a 
unique Uniform Resource Identifier (URI).
    (2) For each record associated with a VRS or hearing point-to-point 
video user's geographically appropriate NANP telephone number, the URI 
shall contain the IP address of the user's device. For each record 
associated with an IP Relay user's geographically appropriate NANP 
telephone number, the URI shall contain the user's user name and domain 
name that can be subsequently resolved to reach the user.
* * * * *

0
6. Amend Sec.  64.615 by revising paragraphs (a)(3)(i) introductory 
text and (a)(3)(i)(A) to read as follows:


Sec.  64.615  TRS User Registration Database and administrator.

    (a) * * *
    (3) * * *
    (i) Each VRS provider shall request that the administrator of the 
TRS User Registration Database remove from the TRS User Registration 
Database user information for any registered VRS user or hearing point-
to-point video user:
    (A) Who informs its default provider that it no longer wants use of 
a ten-digit number for TRS or (in the case of a hearing point-to-point 
video user) for point-to-point video service; or
* * * * *

0
7. Amend Sec.  64.621 by revising paragraph (a)(1) to read as follows:


Sec.  64.621  Interoperability and portability.

    (a) * * *
    (1) All VRS users and hearing point-to-point video users must be 
able to place a VRS or point-to-point video call through any of the VRS 
providers' services, and all VRS providers must be able to receive 
calls from, and make calls to, any VRS or hearing point-to-point video 
user.
* * * * *

0
8. Revise Sec.  64.630 to read as follows:


Sec.  64.630  Applicability of change of default TRS provider rules.

    (a) Sections 64.630 through 64.636 governing changes in default TRS 
providers shall apply to any provider of IP Relay or VRS eligible to 
receive payments from the TRS Fund.
    (b) For purposes of Sec. Sec.  64.630 through 64.636, the term iTRS 
users is defined as any individual that has been assigned a ten-digit 
NANP number from the TRS Numbering Directory for IP Relay, VRS, or 
point-to-point video service.

0
9. Amend Sec.  64.5101 by revising paragraph (b) to read as follows:


Sec.  64.5101  Basis and purpose.

* * * * *
    (b) Purpose. The purpose of the rules in this subpart is to 
implement customer proprietary network information protections for 
users of telecommunications relay services and

[[Page 17765]]

point-to-point video service pursuant to sections 4, 222, and 225 of 
the Communications Act of 1934, as amended, 47 U.S.C. 154, 222, 225.

0
10. Amend Sec.  64.5103 by revising paragraph (m) to read as follows:


Sec.  64.5103  Definitions.

* * * * *
    (m) Point-to-point service. The term ``point-to-point service'' 
means a service that enables a VRS or hearing customer to place and 
receive non-relay calls without the assistance of a communications 
assistant over the facilities of a VRS provider using VRS access 
technology. Such calls are made by means of ten-digit NANP numbers 
registered in the TRS Numbering Directory and assigned to VRS customers 
and hearing point-to-point customers by VRS providers. The term 
``point-to-point call'' shall refer to a call placed via a point-to-
point service.
* * * * *
[FR Doc. 2017-07155 Filed 4-12-17; 8:45 am]
 BILLING CODE 6712-01-P