[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Rules and Regulations]
[Pages 8457-8463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04041]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 13-24 and 03-123; FCC 19-11]


IP CTS Improvements and Program Management

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) expands the telecommunications relay service (TRS) User 
Registration Database (Database) that the Commission created for the 
video relay service (VRS) program to encompass internet Protocol 
Captioned Telephone Service (IP CTS). Including IP CTS user 
registration information in the Database will help the program verify 
the identity of IP CTS users, audit and review IP CTS provider 
practices, substantiate provider compensation requests, and improve 
program management.

DATES: 
    Effective Date: These rules are effective April 8, 2019.
    Compliance Date: Compliance will not be required for Sec.  
64.611(j)(2) and Sec. Sec.  64.615(a)(3) and (a)(5) of the Commission's 
rules until after approval by the Office of Management and Budget 
(OMB). The Commission will publish a document in the Federal Register 
announcing that compliance date.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Misuse 
of internet Protocol (IP) Captioned Telephone Service; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Report and Order, 
document FCC 19-11, adopted on February 14, 2019, released on February 
15, 2019, in CG Docket Nos. 03-123 and 13-24. The Commission previously 
sought comment on these issues in Misuse of internet Protocol (IP) 
Captioned Telephone Service; Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Difficulties, published at 78 FR 54201, September 3, 2013 (2013 IP CTS 
Reform FNPRM). A Further Notice of Proposed Rulemaking (Further Notice) 
is contained in document FCC 19-11 and addresses additional issues 
concerning account identifiers, service for new users, and 
simplification of 911 call-handling for some forms of IP CTS. The 
Further Notice will be published elsewhere in the Federal Register. The 
full text of document FCC 19-11 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,

[[Page 8458]]

audio format), send an email to [email protected], or call the Consumer 
and Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-
0432 (TTY).

Congressional Review Act

    The Commission sent a copy of document FCC 19-11 to Congress and 
the Government Accountability Office pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A).

Final Paperwork Reduction Act of 1995 Analysis

    The Report and Order in document FCC 19-11 contains modified 
information collection requirements, which are not effective 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 these information collection requirements 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. 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 than 25 
employees.'' 2013 IP CTS Reform FNPRM.

Synopsis

    1. In 2013, the Commission directed the creation of a centralized 
system of user registration records, for initial application to VRS 
users and potential application to other forms of TRS. The core 
function of this Database is to enable the Commission to ensure that 
TRS is provided only to registered users whose eligibility has been 
established in accordance with program rules and whose identities have 
been verified based on uniform criteria. IP CTS, a form of TRS, allows 
individuals with hearing loss to both read captions and use their 
residual hearing to understand a telephone conversation.
    2. The Commission amends its rules to require the integration of IP 
CTS into the TRS Database to better ensure accurate registration, 
verification, and validation of IP CTS users. By this action, the 
Commission takes further steps to ensure that TRS is made available 
``in the most efficient manner,'' achieve consistency among internet-
based TRS programs, and manage waste, fraud, and abuse risks. Expanding 
the Database to include IP CTS is especially important in light of the 
ease and convenience of using this service--which can also facilitate 
its improper use--as well as the incentives and ability of providers to 
market this service to individuals who do not need it. These factors 
may be contributing to the exponential IP CTS growth in recent years 
and have the potential to cause future waste in the program. Database 
registration of IP CTS users will enable the administrator to conduct 
objective identity verification in accordance with uniform criteria, 
perform more effective auditing and review of IP CTS provider 
practices, and better substantiate the eligibility of IP CTS minutes 
submitted for compensation, e.g., by matching provider-submitted call 
detail records with records of registered and verified IP CTS users. In 
addition, creating a central registry of IP CTS users will improve 
program management by enabling the Commission to compile and analyze 
aggregate data on the total number of IP CTS users; the number of IP 
CTS providers, devices, and phone numbers associated with each user; 
the pace of turnover among registered users; and other important 
program statistics and trends that are necessary for the Commission's 
effective and efficient implementation of the program.
    3. Database registration and verification of IP CTS users is a 
straightforward prophylactic measure that is needed to safeguard the 
TRS Fund, whether or not the Commission has discovered waste, fraud, 
and abuse within this particular TRS program. The Commission is not 
required to wait for a major outbreak of fraud or abuse, such as 
occurred in two other TRS programs, before taking precautionary steps 
to prevent such harm from occurring in this program. The Commission has 
the authority and obligation to identify and improve programs that may 
be susceptible to waste, fraud, and abuse.
    4. The rules the Commission adopts for IP CTS user data submission 
and verification largely parallel those in place for VRS. Although the 
two services differ in some respects, those differences do not warrant 
a substantially different approach to data submission. Therefore, with 
one exception, the data that the Commission now requires IP CTS 
providers to submit to the Database when registering users is 
substantially the same data that the Commission requires for VRS 
providers. Specifically, the Commission requires submission of a user's 
full name; full residential address; telephone number; electronic 
serial number (ESN) of the user's IP CTS device, the user's log-in 
identification or email address, or another unique identifier for the 
IP CTS user; last four digits of the user's social security number or 
Tribal Identification number; date of birth; Registered Location (if 
applicable); IP CTS provider name; date of service initiation and (when 
applicable) termination; (for existing users only) the date on which 
the IP CTS user last placed an IP CTS call; and a digital copy of the 
user's self-certification of eligibility.
    5. The Commission also applies to IP CTS the same data submission 
and verification procedures used for VRS. These procedures are designed 
to ensure that IP CTS is used only by individuals who have registered 
with a provider, provided all required information, self-certified 
their eligibility to use the service, and had their identities verified 
in accordance with uniform criteria. Specifically, when the Database is 
ready to accept IP CTS user data, the Commission or CGB will release a 
public notice initiating a data submission period for uploading 
registration information on all current IP CTS users. By the end of the 
data submission period, IP CTS providers must have transmitted the 
required information to the Database, in a format prescribed by the 
Database administrator, for all IP CTS users in service as of the last 
day of the period. After the end of the period, an IP CTS provider will 
not be entitled to and shall not seek TRS Fund compensation for 
providing captioning service to any individual whose registration 
information has not been submitted to the Database. Further, an IP CTS 
provider shall not seek compensation for service to users who do not 
pass the Database identification verification check. However, if a 
provider submits the required information for an existing IP CTS user 
on or before the end of the data submission period, and verification by 
the Database has not been completed, the provider may request 
compensation for minutes of use incurred by such user after the 
deadline while verification is being completed, and the TRS Fund 
administrator will provide compensation for such minutes if the user is 
ultimately verified, including minutes of service that occur while an 
appeal of a user verification failure is pending.
    6. For users who sign up for service after the end of the data 
submission period, similar procedures apply, except that providers must 
not register, or commence providing service to, such users until after 
the required registration data has been submitted and verified by the 
Database. The Commission expects that the administrator will coordinate 
with IP CTS providers, as it did with

[[Page 8459]]

VRS providers, including conducting trials and tests of procedures for 
submitting and verifying user registration data. The Commission directs 
the Managing Director to oversee the integration of IP CTS into the 
Database and to determine when the Database is ready to accept the 
submission of IP CTS user data.
    7. If an IP CTS provider learns that a registered user is no longer 
eligible to receive service or a user makes a request to cancel 
service, the Commission requires the IP CTS provider to promptly 
request removal of such user's registration from the Database. An IP 
CTS provider shall not seek TRS Fund compensation for captioning 
service to any individual whose registration information has been 
removed from the Database, or for whom the provider obtains information 
that the individual is not eligible to use IP CTS.
    8. Data Privacy. The Commission concludes that the same privacy 
safeguards that currently protect Database data on VRS users also will 
be sufficient to protect the privacy of IP CTS users. As is required of 
VRS providers, IP CTS providers must obtain users' prior consent to 
transmit to the Database the user information provided by the users to 
the providers, after notifying the users of the data to be submitted, 
the reason for disclosure, and the consequences of nondisclosure. The 
Commission also has incorporated privacy by design into its data 
collection, limiting the information collected from providers to what 
is necessary to identify and verify users, and destroying the parts of 
such information it does not need to maintain long term. For example, 
only the last four digits of registrants' Social Security numbers are 
collected, and these truncated numbers are destroyed upon verification. 
Further, the Database procedures strictly limit access to user 
registration data and include security safeguards to protect the 
proprietary and personal information in the database.
    9. Further, as a federal information technology system, the 
Database is reviewed and evaluated annually to ensure compliance with 
Federal Information Security Modernization Act (FISMA) requirements. In 
addition to FISMA and Privacy Act requirements, as with other databases 
the Commission has created to manage its programs, this database must 
be operated in accordance with the National Institute of Standards and 
Technology (NIST) guidance for secure, encrypted methods for obtaining, 
transmitting, storing, and disposing of program beneficiary information 
and certified program information. The database also must have 
subscriber notification procedures in the event of a breach that are 
compliant with Department of Homeland Security and guidance by the U.S. 
OMB. For the above reasons, and because there is no record evidence 
demonstrating their insufficiency, the Commission concludes that these 
layered privacy safeguards will be effective in protecting the personal 
data of registered IP CTS users--including senior citizens, whose 
personal data is maintained by many federal agencies.
    10. Costs. The Commission concludes that the costs of integrating 
IP CTS users into the Database will be limited, as discussed below, and 
that they are reasonable in light of the importance of ensuring that IP 
CTS is immune from the waste, fraud, and abuse that have plagued the 
TRS program in the past. First, the Database is already built and has 
been activated for VRS. Thus, the administrator of this database 
already has established and tested procedures for collecting, 
organizing, verifying, protecting, and retrieving consumer registration 
data. While the database will increase in size, the Commission expects 
that additional staffing and technology needs are likely to be 
incremental, rather than substantial, for the TRS Fund. In addition, 
having thoroughly prepared for the activation of the Database for VRS, 
the Database administrator is now well acquainted with the planning and 
preparation processes, including trials and tests of procedures for 
submitting and verifying user registration data, that necessarily 
precede the activation of the Database for a new service. The 
experience gained in populating the Database with VRS user information 
will enable the Commission and the Database administrator to work 
efficiently with IP CTS providers to integrate IP CTS user data into 
the database through the existing administration processes.
    11. The Commission expects that the costs incurred by IP CTS 
providers will be limited as well. IP CTS providers already have been 
collecting the user registration data that must be populated into the 
Database. Therefore, the Commission believes that additional expenses 
incurred by providers will be incurred primarily in contacting users to 
obtain consent for the submission of user data that already has been 
collected, uploading the data, and addressing any verification issues 
regarding such data. Further, IP CTS providers will not be requested to 
begin submitting user information to the database until the Managing 
Director determines that these processes have been effectively adapted 
for use by the IP CTS program and that there has been sufficient 
advance coordination with IP CTS providers to enable full understanding 
of such processes.
    12. The Commission anticipates that providers' compliance costs 
will be further limited because, in contrast to VRS, it appears that 
relatively few IP CTS users register with multiple providers. Moreover, 
the absence of a per-call validation query requirement for IP CTS will 
substantially reduce providers' compliance costs. Finally, IP CTS 
providers will benefit from the administrator's previous work in the 
VRS context to establish protocols, procedures, and safeguards that are 
now in place.
    13. For all these reasons, the Commission concludes that IP CTS 
providers' one-time Database implementation costs will not be 
materially greater than those incurred by VRS providers. For IP CTS, 
the Commission estimates that the total cost of Database implementation 
over a three-year period is $16-21 million. These Database 
implementation costs represent 0.6-0.8% of the $2.676 billion total 
expenditures on IP CTS in a three-year period. The rules adopted here 
provide needed accountability, given the marketing incentives inherent 
in the service. It is reasonable to conclude that these implementation 
costs are justified by the benefits of adding IP CTS to the Database, 
in light of the history of waste, fraud, and abuse in the TRS program 
generally, and the fact that IP CTS is the most heavily used, fastest 
growing, and largest TRS program.
    14. The Commission will allow IP CTS providers to seek recovery of 
costs associated with implementing the Database during the interim IP 
CTS compensation period, in accordance with the Commission's exogenous 
cost recovery guidelines for VRS. Under these guidelines, the general 
application of which to IP CTS is currently under consideration by the 
Commission, well-documented provider costs resulting from new TRS 
requirements are recoverable if they (1) belong to recoverable cost 
categories, (2) are new costs not factored into the rates for the 2018-
19 and 2019-20 TRS Fund years, and (3) if unrecovered may cause a 
provider's current allowable-expenses-plus-operating margin to exceed 
its IP CTS revenues. Database implementation costs, especially when 
incurred by smaller providers, may qualify for reimbursement under 
these guidelines, as they were not considered when the interim IP CTS 
compensation rates were determined. Although the Commission has yet to 
determine whether the VRS exogenous cost recovery guidelines should be 
generally applicable to IP

[[Page 8460]]

CTS, the Commission will allow Database cost recovery in accordance 
with these guidelines during the interim compensation period in order 
to ensure that costs imposed by these new regulatory requirements are 
sufficiently addressed in provider compensation. This interim cost 
recovery measure will remain in effect until June 30, 2020, the end of 
the interim compensation period, or until a new IP CTS compensation 
rate becomes effective, whichever is earlier.
    15. Differences in the Database Rules Applicable to IP CTS and VRS. 
The Commission makes the following changes in the Database rules to 
address issues that are unique to IP CTS and to apply lessons learned 
in activating the Database for VRS. First, because the record indicates 
that telephone numbers alone do not uniquely identify IP CTS users, the 
Commission amends its rules to provide that for IP CTS, the ``necessary 
information for each registered user'' submitted to the Database shall 
include a unique account identifier, such as the electronic serial 
number of any device provided to the user, the user's log-in ID, or an 
email address.
    16. Second, for registered users of IP CTS who are minors, the 
Commission amends its rules to clarify that the self-certification of 
eligibility must be signed on behalf of the minor by the minor user's 
parent or legal guardian, and, in addition to submitting all the 
registration data required for other users, the provider must include 
the name and (if different) address of that parent or legal guardian.
    17. Third, for IP CTS, the Commission will allow a one-year data 
submission period. The Commission makes this change because the IP CTS 
user population appears to be larger than the number of VRS users and 
has a disproportionate number of senior citizens, many of whom are more 
likely to require assistance from family members or others in providing 
written consent for the submission of information to the Database, and 
in providing supplemental information to the extent it is needed to 
complete verification. A one-year window will provide an ample period 
of time within which to complete the data submission process, and the 
Commission does not anticipate extending it. In the event that a 
provider is experiencing unusual difficulty in collecting user consents 
or otherwise preparing to comply, and finds that it needs to seek a 
waiver of the deadline, the Commission expects that the provider will 
make such a request, with a detailed showing and justification, no 
later than 120 days before the end of the data submission period.
    18. Fourth, the Commission does not apply to IP CTS the per-call 
validation requirement of Sec.  64.615(a) of the rules. Unlike in VRS, 
there is no dial-around calling in IP CTS, and so there is less need to 
have a provider query a central database in order to validate an IP CTS 
call made by a user who is not registered with that provider. Further, 
because IP CTS providers usually do not assign telephone numbers to 
registered users and often do not control the connection of calls, a 
requirement to query the Database for each call could pose practical 
difficulties for IP CTS that are not present for VRS.
    19. Under the rules the Commission adopts in this Report and Order, 
an IP CTS provider is not entitled to and shall not seek compensation 
for service to, users whose registration data has not been submitted to 
the Database, has not passed the Database identification verification 
check, or has been removed from the Database. Thus, as a matter of 
maintaining compliance with these requirements, it will be in the 
interest of an IP CTS provider, before requesting compensation for any 
call, to check its own records and take any other steps it deems 
necessary to confirm that the user's registration data was submitted to 
and entered in (and not removed from) the Database prior to the call. 
The Commission does not find that there is a need to dictate the 
specific timing or procedure by which an IP CTS provider confirms 
compliance with these rules. Accordingly, IP CTS providers will not be 
required to send a specific call validation query to the Database or 
the TRS Numbering Directory at the beginning of each call.
    20. Fifth, the Commission adopts an exception to the registration 
and verification requirements, to allow IP CTS providers to be 
compensated for captioning calls for users whose data has not been 
entered in the Database when such calls are made to or from temporary, 
public devices set up in emergency shelters. The Commission takes this 
step to ensure that users with hearing loss will continue to have 
access to telephone communications devices during and in the aftermath 
of natural disasters and other emergencies. However, IP CTS providers 
must register such devices in the Database before commencing service to 
such devices, by providing all information reasonably requested by the 
Database administrator, including the telephone number and location of 
the device. When service for such a device is initiated and terminated, 
the IP CTS provider must transmit the dates of activation and 
termination. Before requesting Fund compensation for calls involving 
such a device, the provider must check its own records to validate that 
the device was registered with the Database prior to the call.

Final Regulatory Flexibility Analysis

    21. As required by the Regulatory Flexibility Act of 1980 as 
amended (RFA), the Commission incorporated an Initial Regulatory 
Flexibility Analysis (IRFA) into the 2013 IP CTS Reform FNPRM. The 
Commission sought written public comment on the proposals in the 2013 
IP CTS Reform FNPRM, including comment on the IRFA. No comments were 
received in response to the IRFA.

Need For, and Objectives of, the Rules

    22. Document FCC 19-11 adopts rule changes to facilitate the 
Commission's efforts to reduce waste, fraud, and abuse and improve its 
ability to efficiently manage the IP CTS program by requiring IP CTS 
providers to (1) submit IP CTS user registration information to the TRS 
Database so that the Database administrator can verify IP CTS users; 
and (2) obtain and keep affirmative acknowledgement by every registered 
IP CTS user of the user's consent to the IP CTS provider to transmit 
such registration information to the Database.
    23. Document FCC 19-11 also adopts rule changes providing that TRS 
Fund compensation may be paid only for IP CTS provided to users whose 
registration data has been submitted to and verified by the Database 
administrator; and that, when users are no longer eligible for or 
request cancellation of service, the IP CTS provider must remove the 
user's information from its database and notify the Database 
administrator of such removal.

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

    24. No comments were filed in response to the IRFA.

Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    25. The Chief Counsel for Advocacy of the Small Business 
Administration (SBA)did not file any comments in response to the 
proposed rules in this proceeding.

Small Entities Impacted

    26. The rules adopted in Document FCC 19-11 will affect obligations 
of IP CTS providers. These services can be included within the broad 
economic

[[Page 8461]]

category of All Other Telecommunications.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    27. The rules on submitting user registration data to the Database 
will require IP CTS providers to submit information that they are 
currently required to collect from IP CTS users. IP CTS providers will 
also be required to obtain and keep affirmative acknowledgement by 
every registered IP CTS user of the user's consent to the IP CTS 
provider to transmit such registration information to the Database. The 
Commission has primarily aligned these reporting and recordkeeping 
requirements with similar requirements currently applicable to VRS 
providers. However, the Commission makes one addition to the Database 
registration requirements to require that unique account identifiers, 
such as the electronic serial numbers of user devices, users' log-in 
identifications, or email addresses, be included in the user 
registration information submitted to the Database administrator. Also, 
before commencing service to temporary, public IP CTS devices set up in 
emergency shelters, IP CTS providers must provide all information 
reasonably requested by the Database administrator, including the 
telephone number and location of the device, and an indication that the 
device is located in a public emergency shelter.
    28. In addition, IP CTS providers are required to keep their 
registration databases current and notify the Database administrator of 
any users removed from their databases.

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

    29. The rules requiring IP CTS providers to submit registration 
data to the Database will have only a minimal effect on small entities 
because the required data is already maintained by the providers. The 
increased burdens of obtaining consent from IP CTS users to submit the 
data to the Database, the retention of such information, and the 
submission process itself are minor as compared to the benefit of 
having the Database administrator verify the IP CTS users and relieving 
IP CTS providers of that obligation. Moreover, the order permits 
providers to seek reimbursement from the Interstate TRS Fund for 
exogenous costs associated with the submission of registration data to 
the Database until such time as the Commission adopts rates that take 
into consideration the costs associated with such submissions. The 
rules also require providers to notify the Database administrator of 
any users removed from their databases. These requirements are similar 
to the requirements placed on VRS providers.
    30. Compared to the initial proposal, which also would have 
required IP CTS providers to validate each call by querying the 
Database, these requirements are more narrowly tailored to help the 
Commission identify and evaluate risks, monitor compliance with program 
rules, and minimize waste, fraud, and abuse in the IP CTS program and 
will not be burdensome because providers are already required to keep 
their databases current.

Ordering Clauses

    Pursuant to sections 201 and 225 of the Communications Act of 1934, 
as amended, 47 U.S.C. 201, 225, document FCC 19-11 is adopted, and Part 
64 of Title 47 is amended.

List of Subjects in 47 CFR Part 64

    Individuals with disabilities, Telecommunications, 
Telecommunications relay services.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the 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 is revised to read as follows:

    Authority: 47 U.S.C. 154, 201, 202, 217, 218, 220, 222, 225, 
226, 227, 228, 251(a), 251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 
620, 1401-1473, unless otherwise noted.


0
2. Amend Sec.  64.601 by revising paragraphs (a)(30) and (a)(31) to 
read as follows:


Sec.  64.601  Definitions and provisions of general applicability.

    (a) * * *
    (30) Registered internet-based TRS user. An individual who has 
registered with a VRS, IP Relay, or IP CTS provider as described in 
Sec.  64.611.
    (31) Registered Location. The most recent information obtained by a 
VRS, IP Relay, or IP CTS provider that identifies the physical location 
of an end user.
* * * * *

0
3. Amend Sec.  64.604 by removing and reserving paragraph (c)(9) to 
read as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (c) * * *
    (9) [Reserved]
* * * * *

0
4. Amend Sec.  64.611 by revising paragraph (a)(4), adding and 
reserving paragraphs (h) and (i), and adding paragraphs (j) and (k) to 
read as follows:


Sec.  64.611  Internet-based TRS registration.

    (a) * * *
    (4) TRS User Registration Database Information Requirements for 
VRS. Each VRS provider shall collect and transmit to the TRS User 
Registration Database, in a format prescribed by the administrator of 
the TRS User Registration Database, the following information for each 
of its new and existing registered internet-based TRS users: Full name; 
address; ten-digit telephone number assigned in the TRS numbering 
directory; last four digits of the social security number or Tribal 
Identification number, if the registered internet-based TRS user is a 
member of a Tribal nation and does not have a social security number; 
date of birth; Registered Location; VRS provider name and dates of 
service initiation and termination; a digital copy of the user's self-
certification of eligibility for VRS and the date obtained by the 
provider; the date on which the user's identification was verified; and 
(for existing users only) the date on which the registered internet-
based TRS user last placed a point-to-point or relay call.
* * * * *
    (h) [Reserved]
    (i) [Reserved]
    (j)(1) IP CTS Registration and Certification Requirements.
    (i) IP CTS providers must first obtain the following registration 
information from each consumer prior to requesting compensation from 
the TRS Fund for service provided to the consumer: The consumer's full 
name, date of birth, last four digits of the consumer's social security 
number, full residential address, and telephone number.
    (ii) [Reserved]
    (iii) [Reserved]
    (iv) Self-certification prior to August 28, 2014. IP CTS providers, 
in order to be eligible to receive compensation from the TRS Fund for 
providing IP CTS, also must first obtain a written certification from 
the consumer, and if obtained prior to August 28, 2014, such written 
certification shall attest that the consumer needs IP CTS to 
communicate

[[Page 8462]]

in a manner that is functionally equivalent to the ability of a hearing 
individual to communicate using voice communication services. The 
certification must include the consumer's certification that:
    (A) The consumer has a hearing loss that necessitates IP CTS to 
communicate in a manner that is functionally equivalent to 
communication by conventional voice telephone users;
    (B) The consumer understands that the captioning service is 
provided by a live communications assistant; and
    (C) The consumer understands that the cost of IP CTS is funded by 
the TRS Fund.
    (v) Self-certification on or after August 28, 2014. IP CTS 
providers must also first obtain from each consumer prior to requesting 
compensation from the TRS Fund for the consumer, a written 
certification from the consumer, and if obtained on or after August 28, 
2014, such certification shall state that:
    (A) The consumer has a hearing loss that necessitates use of 
captioned telephone service;
    (B) The consumer understands that the captioning on captioned 
telephone service is provided by a live communications assistant who 
listens to the other party on the line and provides the text on the 
captioned phone;
    (C) The consumer understands that the cost of captioning each 
internet protocol captioned telephone call is funded through a federal 
program; and
    (D) The consumer will not permit, to the best of the consumer's 
ability, persons who have not registered to use internet protocol 
captioned telephone service to make captioned telephone calls on the 
consumer's registered IP captioned telephone service or device.
    (vi) The certification required by paragraphs (j)(1)(iv) and (v) of 
this section must be made on a form separate from any other agreement 
or form, and must include a separate consumer signature specific to the 
certification. Beginning on August 28, 2014, such certification shall 
be made under penalty of perjury. For purposes of this rule, an 
electronic signature, defined by the Electronic Signatures in Global 
and National Commerce Act, 15 U.S.C. 7001 et seq., as an electronic 
sound, symbol, or process, attached to or logically associated with a 
contract or other record and executed or adopted by a person with the 
intent to sign the record, has the same legal effect as a written 
signature.
    (vii) Third-party certification prior to August 28, 2014. Where IP 
CTS equipment is or has been obtained by a consumer from an IP CTS 
provider, directly or indirectly, at no charge or for less than $75 and 
the consumer was registered in accordance with the requirements of 
paragraph (j)(1) of this section prior to August 28, 2014, the IP CTS 
provider must also obtain from each consumer prior to requesting 
compensation from the TRS Fund for the consumer, written certification 
provided and signed by an independent third-party professional, except 
as provided in paragraph (j)(1)(xi) of this section.
    (viii) To comply with paragraph (j)(1)(vii) of this section, the 
independent professional providing certification must:
    (A) Be qualified to evaluate an individual's hearing loss in 
accordance with applicable professional standards, and may include, but 
are not limited to, community-based social service providers, hearing 
related professionals, vocational rehabilitation counselors, 
occupational therapists, social workers, educators, audiologists, 
speech pathologists, hearing instrument specialists, and doctors, 
nurses and other medical or health professionals;
    (B) Provide his or her name, title, and contact information, 
including address, telephone number, and email address; and
    (C) Certify in writing that the IP CTS user is an individual with 
hearing loss who needs IP CTS to communicate in a manner that is 
functionally equivalent to telephone service experienced by individuals 
without hearing disabilities.
    (ix) Third-party certification on or after August 28, 2014. Where 
IP CTS equipment is or has been obtained by a consumer from an IP CTS 
provider, directly or indirectly, at no charge or for less than $75, 
the consumer (in cases where the equipment was obtained directly from 
the IP CTS provider) has not subsequently paid $75 to the IP CTS 
provider for the equipment prior to the date the consumer is registered 
to use IP CTS, and the consumer is registered in accordance with the 
requirements of paragraph (j)(1) of this section on or after August 28, 
2014, the IP CTS provider must also, prior to requesting compensation 
from the TRS Fund for service to the consumer, obtain from each 
consumer written certification provided and signed by an independent 
third-party professional, except as provided in paragraph (j)(1)(xi) of 
this section.
    (x) To comply with paragraph (j)(1)(ix) of this section, the 
independent third-party professional providing certification must:
    (A) Be qualified to evaluate an individual's hearing loss in 
accordance with applicable professional standards, and must be either a 
physician, audiologist, or other hearing related professional. Such 
professional shall not have been referred to the IP CTS user, either 
directly or indirectly, by any provider of TRS or any officer, 
director, partner, employee, agent, subcontractor, or sponsoring 
organization or entity (collectively ``affiliate'') of any TRS 
provider. Nor shall the third party professional making such 
certification have any business, family or social relationship with the 
TRS provider or any affiliate of the TRS provider from which the 
consumer is receiving or will receive service.
    (B) Provide his or her name, title, and contact information, 
including address, telephone number, and email address.
    (C) Certify in writing, under penalty of perjury, that the IP CTS 
user is an individual with hearing loss that necessitates use of 
captioned telephone service and that the third party professional 
understands that the captioning on captioned telephone service is 
provided by a live communications assistant and is funded through a 
federal program.
    (xi) In instances where the consumer has obtained IP CTS equipment 
from a local, state, or federal governmental program, the consumer may 
present documentation to the IP CTS provider demonstrating that the 
equipment was obtained through one of these programs, in lieu of 
providing an independent, third-party certification under paragraphs 
(j)(1)(vii) and (ix) of this section.
    (xii) Each IP CTS provider shall maintain records of any 
registration and certification information for a period of at least 
five years after the consumer ceases to obtain service from the 
provider and shall maintain the confidentiality of such registration 
and certification information, and may not disclose such registration 
and certification information or the content of such registration and 
certification information except as required by law or regulation.
    (xiii) [Reserved]

[[Page 8463]]

    (2) TRS User Registration Database Information for IP CTS. (i) Each 
IP CTS Provider shall collect and transmit to the TRS User Registration 
Database, in a format prescribed by the administrator of the TRS User 
Registration Database, the following information for each of its new 
and existing registered IP CTS users:
    (A) Full name;
    (B) Full residential address;
    (C) Telephone number;
    (D) A unique identifier such as the electronic serial number (ESN) 
of the user's IP CTS device, the user's log-in identification, or the 
user's email address;
    (E) The last four digits of the user's social security number or 
Tribal Identification number (or alternative documentation, if such 
documentation is permitted by and has been collected pursuant to Misuse 
of internet Protocol (IP) Captioned Telephone Service; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Order, 30 FCC Rcd 
1093 (CGB 2015));
    (F) Date of birth;
    (G) Registered Location (if applicable);
    (H) IP CTS provider name;
    (I) Date of service initiation and (when applicable) termination;
    (J) A digital copy of the user's self-certification of eligibility 
for IP CTS and the date obtained by the provider; and
    (K) For existing users onlythe date on which the IP CTS user last 
placed an IP CTS call.
    (ii) Each IP CTS provider shall obtain, from each new and existing 
registered IP CTS user, consent to transmit the registered IP CTS 
user's information to the TRS User Registration Database. Prior to 
obtaining such consent, the IP CTS provider shall describe to the 
registered IP CTS user, using clear, easily understood language, the 
specific information obtained by the IP CTS provider from the user that 
is to be transmitted, and inform the user that the information is being 
transmitted to the TRS User Registration Database to ensure proper 
administration of the TRS program, and that failure to provide consent 
will result in the registered IP CTS user being denied service. IP CTS 
providers shall keep a record of affirmative acknowledgment of such 
consent by every registered IP CTS user.
    (iii) Registration of Emergency Shelter Devices. An IP CTS provider 
may seek and receive TRS Fund compensation for the provision of 
captioning service to users of a temporary, public IP CTS device set up 
in an emergency shelter, provided that, before commencing service to 
such a device, the IP CTS provider collects, maintains in its 
registration records, and submits to the TRS User Registration Database 
all information reasonably requested by the administrator, including 
the telephone number and location of the device. IP CTS providers shall 
remove the device's registration information from the Database when 
service for such a device is terminated.
    (iv) By the date of initiation of service to an IP CTS user or 
device, or one year after notice from the Commission that the TRS User 
Registration Database is ready to accept such information, whichever is 
later, IP CTS providers shall submit to the TRS User Registration 
Database the registration information required by paragraph (j)(2)(i) 
or (iii) of this section. Calls from or to registered IP CTS users or 
devices whose registration information has not been populated in the 
TRS User Registration Database by the applicable date shall not be 
compensable, and an IP CTS provider shall not seek TRS Fund 
compensation for such calls.
    (v) When registering a user who is transferring service from 
another IP CTS provider, IP CTS providers shall obtain and submit a 
digital copy of a user's self-certification of eligibility if a query 
of the TRS User Registration Database shows a properly executed 
certification has not been filed.
    (3) An IP CTS provider shall not seek TRS Fund compensation for 
providing captioning service to any individual or device if the 
registration information for such individual or device has been removed 
from the TRS User Registration Database, or if the provider obtains 
information that the individual or device is not eligible to receive IP 
CTS.
    (k) Compliance date. Paragraph (j)(2) of this section contains new 
or modified information-collection and recordkeeping requirements 
adopted in FCC 19-11. Compliance with these information-collection and 
recordkeeping requirements will not be required until after approval by 
the Office of Management and Budget. The Commission will publish a 
document in the Federal Register announcing that compliance date and 
revising this paragraph accordingly.

0
5. Amend Sec.  64.615 by revising paragraphs (a)(3), (a)(4), and (a)(5) 
and adding paragraph (c) to read as follows:


Sec.  64.615  TRS User Registration Database and administrator.

    (a) * * *
    (3) Data integrity. (i) Each VRS and IP CTS provider shall request 
that the administrator of the TRS User Registration Database remove 
from the TRS User Registration Database user information for any 
registered user or hearing point-to-point user:
    (A) Who informs its default VRS provider or its IP CTS 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
    (B) For whom the provider obtains information that the user is not 
eligible to use the service.
    (ii) The administrator of the TRS User Registration Database shall 
remove the data of:
    (A) Any VRS user that has neither placed nor received a VRS or 
point-to-point call in a one-year period; and
    (B) Any user for which a VRS or IP CTS provider makes a request 
under paragraph (a)(3)(i) of this section.
    (4) A VRS or IP CTS provider may query the TRS User Registration 
Database only for the purposes provided in this subpart, and to 
determine whether information with respect to its registered users 
already in the database is correct and complete.
    (5) User verification. (i) The TRS User Registration Database shall 
have the capability of performing an identification verification check 
when a VRS provider, IP CTS provider, or other party submits a query to 
the database about an existing or potential user.
    (ii) VRS and IP CTS providers shall not register individuals who do 
not pass the identification verification check conducted through the 
TRS User Registration Database.
    (iii) VRS providers shall not seek compensation for calls placed by 
individuals that do not pass the identification verification check 
conducted through the TRS User Registration Database.
    (iv) IP CTS providers shall not seek compensation for calls placed 
to or from individuals that do not pass the identification verification 
check conducted through the TRS User Registration Database.
* * * * *
    (c) Compliance date. Paragraphs (a)(3) and (a)(5) of this section 
contain new or modified information-collection and recordkeeping 
requirements adopted in FCC 19-11. Compliance with these information-
collection and recordkeeping requirements will not be required until 
after approval by the Office of Management and Budget. The Commission 
will publish a document in the Federal Register announcing that 
compliance date and revising this paragraph accordingly.

[FR Doc. 2019-04041 Filed 3-7-19; 8:45 am]
BILLING CODE P