[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Proposed Rules]
[Pages 9276-9281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04040]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 03-123 and 13-24; FCC 19-11]
IP CTS Improvements and Program Management
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission proposes to require IP CTS
providers to include user account identifiers in monthly call records
submitted for compensation; allow new IP CTS users to receive service
for up to two weeks, while their identities are verified in the User
Registration Database; and simplify the handling of 911 calls placed by
IP CTS users who connect to an IP CTS provider via the internet in
order to place a call. These proposals will improve IP CTS by better
facilitating compensation of providers by the TRS Fund administrator,
preventing unnecessary inconvenience to IP CTS registrants seeking new
service, and eliminating outdated 911 rules that no longer appear to
serve a valid public safety purpose.
DATES: Comments are due April 15, 2019. Reply comments are due April
29, 2019.
ADDRESSES: You may submit comments, identified by CG Docket Nos. 03-123
and 13-24, by either of the following methods:
[[Page 9277]]
Federal Communications Commission's website: https://www.fcc.gov/ecfs/. Follow the instructions for submitting comments.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 888-835-5322.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Michael Scott, Consumer and
Governmental Affairs Bureau, at (202) 418-1264, or email
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM), CG Docket Nos. 03-123,
13-24; FCC 19-11, adopted on February 14, 2019, and released on
February 15, 2019. The Report and Order in document FCC 19-11 will be
published elsewhere in the Federal Register. The full text of this
document is 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) or (202) 418-0432 (TTY).
This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. 47 CFR
1.1200 et seq. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Initial Paperwork Reduction Act of 1995 Analysis
The Further Notice in document FCC 19-11 seeks comment on proposed
rule amendments that may result in modified information collection
requirements. If the Commission adopts any modified information
collection requirements, the Commission will publish another notice in
the Federal Register inviting the public to comment on the
requirements, as required by the Paperwork Reduction Act. Public Law
104-13; 44 U.S.C. 3501-3520. In addition, pursuant to the Small
Business Paperwork Relief Act of 2002, the Commission seeks comment on
how it might further reduce the information collection burden for small
business concerns with fewer than 25 employees. Public Law 107-198; 44
U.S.C. 3506(c)(4).
Synopsis
1. IP CTS is a form of TRS that allows individuals with hearing
loss to both read captions and use their residual hearing to understand
a telephone conversation. Generally, IP CTS employs two network paths:
A voice connection between the parties to the call and a separate
internet connection that transmits the other party's voice from the IP
CTS user's phone to a communications assistant (CA) and transmits
captions from the CA back to the IP CTS user. In the most widely used
version of IP CTS, the CA then re-voices everything the hearing party
says into a speech recognition program, which automatically transcribes
the words into captions.
Supporting Data for IP CTS Compensation Requests
2. To facilitate compensation of providers by the TRS Fund
administrator, the Commission proposes to amend its rule specifying the
data accompanying compensation requests by TRS providers, to expressly
state that IP CTS providers must submit a unique account identifier,
such as the electronic serial number of the user's device, the user's
log-in ID, or the user's email address, to the TRS Fund administrator
in monthly call detail records submitted for compensation. IP CTS
users' telephone numbers are not assigned specifically for IP CTS use
and are not always the most effective means to access a user's account
information. Therefore, IP CTS providers currently use other
identifiers to uniquely identify each IP CTS account, such as
electronic serial numbers of IP CTS devices, log-in IDs, or email
addresses. Further, the Commission has amended its rules to require IP
CTS providers to include a unique account identifier in their data
submissions to the TRS User Registration Database (Database). The
Commission believes amending its rules to expressly provide that the
same information be included in call detail records will enable the
Fund administrator to more efficiently verify compensation requests, by
matching call data with the corresponding user data in the Database.
The Commission also believes that the costs of collecting and providing
this information as part of compensation requests will be minimal,
especially because IP CTS providers are already providing an electronic
serial number in call detail records for the vast majority of calls.
The Commission seeks comment on these assumptions and on the costs and
benefits of adopting this proposal. The Commission also seeks comment
on whether other changes are warranted in the data elements required
with IP CTS providers' compensation requests.
Providing Service to New and Porting Users Pending Database
Verification
3. To eliminate unnecessary inconvenience to IP CTS registrants,
without a significant increase in the risk of waste, fraud, and abuse,
the Commission proposes to allow IP CTS providers to provide service to
new and porting users for up to two weeks pending the completion of
identity verification by the Database administrator. The Commission
believes this change is needed to ensure that
[[Page 9278]]
service to new and porting IP CTS users can be commenced efficiently
and without undue delay or disruption of service, in order to
facilitate competition and ensure the functional equivalence of this
service. Compensation for calls placed or received by the user during
this period would be paid only if the user's identity is ultimately
verified.
4. Experience with VRS user registration has shown that identity
verification for most users is completed within hours of data
submission to the Database, but for some users, verification can take
longer, e.g., due to technical problems or because the user's identity
cannot be verified without the submission of additional information.
Under the proposed rule change, a consumer would not be subjected to a
delay in commencement of service as a result of verification issues
that are often beyond the consumer's control. The Commission believes
that any resulting risk of waste, fraud, or abuse is minimal because,
under the proposal, no compensation may be requested or paid until the
user's identity has been successfully verified. The Commission seeks
comment on the costs and benefits of this proposal.
IP CTS Emergency Call Handling Requirements
5. The emergency call handling requirements for IP CTS apply only
to certain forms of this service. For the predominantly used form of IP
CTS, where the voice connection for a call is established using an
ordinary wireline telephone service and there is a separate internet
connection made solely for the IP CTS user to receive captions, the
telephone company or voice-over-internet-Protocol (VoIP) service
provider is responsible for delivering 911 calls and location
information to emergency authorities. However, where IP CTS is
configured for web and wireless access, such that the user can initiate
a call by connecting to the IP CTS provider via the internet, the IP
CTS provider is responsible for handling 911 calls in accordance with
Sec. 64.605(a) of the Commission's rules.
6. The Commission proposes to amend the Commission's rules to
simplify the handling of 911 calls placed by IP CTS users who initiate
calls via the internet--generally, web- and wireless-based IP CTS--by
eliminating any need for IP CTS providers to involve their CAs in 911
call handling and to collect and transmit unnecessary information. The
Commission also seeks comment on whether any changes are needed in the
scope of the 911 call handling rule applicable to IP CTS. If so, the
Commission seeks comment on whether and how such changes would affect
the 911 responsibilities of underlying service providers.
7. The current rule requires an IP CTS provider, among other
things, to transmit the caller's name, the relay provider's name, the
CA's callback number, and the CA's identification number to the Public
Service Answering Point (PSAP) or other emergency authority receiving a
911 IP CTS call, and to initiate the reconnection of disconnected
calls. These requirements, which were devised to address problems that
arose in early versions of VRS and IP Relay, have posed significant
implementation issues for providers of web and wireless based IP CTS,
largely due to the limited communication capabilities of IP CTS CAs.
Further, the Commission believes that the alternative approach proposed
below would provide more effective implementation of the policy
underlying the rule.
8. First, the Commission proposes to eliminate the current
requirements for an IP CTS provider to deliver to the PSAP (or other
emergency authority) the name of the caller, the name of the provider,
and an identification number and callback number for the CA handling
the call. Instead, the Commission proposes to require an IP CTS
provider to provide a telephone number to the PSAP that enables the
PSAP to call the user back directly, while ensuring that the user
receives captions on the callback. This proposed change would decrease
the time and cost associated with responding to emergencies reported by
web- and wireless-based IP CTS users by relieving both IP CTS providers
and PSAPs of the need to collect, transmit, and review information that
appears to be unnecessary for handling a 911 call.
9. Second, the Commission proposes to remove the current
requirement for an IP CTS provider to initiate the reconnection of a
disconnected 911 call. IP CTS CAs generally do not have the capability
to connect calls. Accordingly, to comply with the reconnection
requirement, IP CTS providers have either configured a unique setup for
911 calls or have used a complicated work-around. Further, the
Commission believes that the provider's assignment to users of an IP
CTS-specific telephone number that is transmitted to the PSAP with an
emergency call will render it unnecessary for the IP CTS provider to be
involved in reconnecting disconnected 911 calls.
10. The Commission believes these amendments are likely to save
precious time during an emergency. Less time will be wasted in
obtaining unnecessary information from callers, and 911 call takers
will be able to reconnect with the caller more rapidly rather than
waiting for the TRS provider to reestablish the call. The Commission
also believes that implementing this proposal will impose minimal
costs--and may actually produce net cost savings, given the elimination
of unnecessary CA involvement in call set-up and the reduced amount of
information that an IP CTS provider will need to collect and transmit
during an IP CTS call. Multiple IP CTS providers have sought waivers of
the Commission rules to implement the changes the Commission proposes,
suggesting that in their evaluation, the benefits of the proposal
outweigh the costs. The Commission seeks comment on these proposals and
its underlying assumptions. The Commission also seeks comment on the
length of time that would be needed for IP CTS providers to come into
compliance with the modified rule.
11. Technical Feasibility of Assigning NANP Numbers. To implement
the Commission's proposal, IP CTS providers must be able to provide
their web- or wireless-based users with NANP telephone numbers that
enable the users to receive captioned callbacks from a 911 PSAP.
Although the record suggests that the assignment of such NANP numbers
for the purpose of receiving IP CTS calls is feasible, the Commission
seeks comment on whether providing such telephone numbers poses any
technical, administrative, legal, or other challenges for IP CTS
providers generally and how such issues could be resolved.
12. Scope of the Rule. The Commission also seeks comment on how to
define the category of IP CTS providers that would be subject to the
proposed 911 call handling rule. Should the Commission continue to
define this class as ``providers of forms of IP CTS that allow users to
initiate calls by contacting the provider over the internet''? Are
there alternative formulations that would be more appropriate? For
example, should the Commission define this provider class as ``IP CTS
providers that provide the voice connection, as well as captions, for
an IP CTS call''? To the extent that the current definition is changed
to narrow (or expand) the category of IP CTS providers covered by Sec.
64.605 of the Commission's rules, how would that affect the 911
obligations of other service providers--such as the underlying carriers
that transmit IP CTS calls--and what are the costs and
[[Page 9279]]
benefits of such a shift in responsibility for 911 calls?
13. Should an IP CTS provider that provides a voice connection,
e.g., through a VoIP service or commercial mobile radio service (CMRS),
be deemed a VoIP or CMRS reseller subject to the emergency call
handling rules applicable to such resellers? To the extent that an IP
CTS provider is deemed to be a VoIP or CMRS reseller, the provider's
911 location determination obligations are likely to be affected. For
example, if an IP CTS provider is deemed a VoIP reseller, the provider
would be required to determine a 911 caller's location by means of the
caller's Registered Location, rather than by asking the caller for his
or her location before routing the call to a PSAP, as provided for in
Sec. 64.605(a) of the Commission's rules. Similarly, an IP CTS
provider that is deemed a CMRS reseller would be required to determine
a 911 caller's location in accordance with Sec. 20.18 of the
Commission's rules. In the event that an IP CTS provider is deemed to
be a VoIP or CMRS reseller, what rule modifications, if any, would be
necessary to maintain the IP CTS provider's obligation to provide
captions--and to give such calls priority over other captioned calls--
for 911 calls initiated by its registered users, as well as for
callbacks by the 911 PSAP?
14. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://www.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th Street SW, Room TW-A325, Washington, DC 20554. The filing
hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held
together with rubber bands or fasteners. Any envelopes and boxes must
be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington DC 20554.
People with Disabilities: 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 & Governmental Affairs Bureau at 202-418-0530 (voice), 888-
835-5322 (tty).
Initial Regulatory Flexibility Analysis
15. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies and rules
proposed in the document FCC 19-11. Written public comments are
requested on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadline for comments specified in the
DATES section. The Commission will send a copy of document FCC 19-11,
to the Chief Counsel for Advocacy of the Small Business Administration
(SBA).
Need For, and Objectives of, the Proposed Rules
16. In document FCC 19-11, the Commission proposes to require that
a unique account identifier, such as the electronic serial number of an
end user's device, a user's log-in identification, or an email address,
be included in call detail records (CDRs) submitted for TRS Fund
compensation. Such information will facilitate compensation of
providers by the TRS Fund administrator. The Commission also proposes
to permit IP CTS providers to provide service to new users, after the
deadline for submission of user registration information to the
Database, for up to two weeks after the user's registration information
has been populated in the Database while the Database user verification
process is pending, and to collect TRS Fund compensation for calls that
are otherwise compensable only if the TRS user is ultimately verified
as eligible to use IP CTS by the Database administrator.
17. In addition, for forms of IP CTS that allow users to initiate
calls by contacting the provider over the internet, the Commission
proposes to update the rules governing the handling of IP CTS calls to
911 emergency services. Specifically, in lieu of the current
requirements to deliver to the PSAP the name of the caller, the name of
the provider, and an identification number and callback number for the
CA handling the call, and to initiate the reconnection of disconnected
911 calls, the Commission proposes to require a provider to provide a
telephone number to the PSAP that enables the PSAP to call the user
back via IP CTS, so that the user receives captions. This approach will
be more consistent with the Commission's rules for 911 call handling by
VRS, IP Relay, and VoIP service providers and will likely save IP CTS
users precious time during an emergency.
Legal Basis
18. The authority for this proposed rulemaking is contained in
sections 1 and 225 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 225.
Small Entities Impacted
19. The rules proposed in document FCC 19-11 will affect
obligations of IP CTS providers. These services can be included within
the broad economic category of All Other Telecommunications.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
20. The proposed revisions to the call data reporting requirements
would require IP CTS providers to maintain records of unique account
identifiers, such as the electronic serial numbers of user devices,
users' log-in identifications, or user email addresses and provide that
information to the TRS Fund administrator when seeking compensation for
calls. The proposed revision regarding when IP CTS providers may
commence service to new users would permit IP CTS providers to provide
service to new users at the provider's own risk for up to two weeks
while the Database verification process is pending.
[[Page 9280]]
21. The proposed changes to the rules governing the handling of IP
CTS calls to 911 emergency services would require IP CTS providers to
deliver a user's assigned telephone number to an emergency authority
when 911 is dialed.
Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
22. If the Commission adopts the proposed revisions to the call
data collection requirements, it would require IP CTS providers to
provide unique account identifiers, such as electronic serial numbers
of user devices, users' log-in identification, or user email addresses,
to the TRS Fund administrator when seeking compensation for calls. This
requirement is narrowly tailored to help the Commission identify and
evaluate risks, monitoring compliance with program rules, and minimize
waste, fraud, and abuse in the IP CTS program. The Commission believes
that the requirement will not be burdensome because providers already
have a record of such unique account identifiers. Thus, the Commission
believes that adding this information to already existing call data
requirements will have a minimal effect on small entities.
23. If the Commission adopts the proposed revision permitting IP
CTS providers to commence service to new users at the provider's own
risk for up to two weeks while the Database verification process is
pending, it would afford providers additional flexibility on when to
commence service. The rule change is designed to avoid possible burdens
on small businesses because the provision of service prior to
verification by the Database Administrator at the provider's own risk
is optional, and providers also have the option to wait to provide
service to the user until after the user is verified by the Database
Administrator.
24. If the Commission adopts the proposed changes to the rules
governing the handling of IP CTS calls to 911 emergency services for
those forms of IP CTS that allow users to initiate calls by contacting
the provider over the internet, the Commission believes it would reduce
the burden on IP CTS providers, including small entities, to manually
collect and retain information from IP CTS users at the start of an
emergency call. This transition could impose implementation costs on
providers, but the Commission believes the benefits to the transition
would outweigh any such costs. Specifically, during an emergency less
time would be wasted in obtaining information from callers that is no
longer necessary, and 911 call takers would be able to reconnect with
the caller more rapidly. In addition to saving time during a 911 call,
adoption of the rules could also result in net cost savings due to the
reduced amount of information that an IP CTS provider would need to
collect and transmit during an IP CTS call. The Commission also
believes that IP CTS providers would prefer this approach as evidenced
by their requests to implement emergency call handling in accordance
with the Commission's proposal.
25. The Commission seeks comment from all interested parties. Small
entities are encouraged to bring to the Commission's attention any
specific concerns they may have with the proposals outlined. The
Commission expects to consider the economic impact on small entities,
as identified in comments filed in response to document FCC 19-11, in
reaching its final conclusions and taking action in this proceeding.
Federal Rules Which Duplicate, Overlap, or Conflict With, the
Commission's Proposals
26. None.
List of Subjects in 47 CFR Part 64
Individuals with disabilities, Telecommunications, Telephones.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 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, 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. 64.604 by redesignating paragraphs (c)(5)(iii)(D)(5)
through (7) as paragraphs (c)(5)(iii)(D)(6) through (8) and adding
paragraph (c)(5)(iii)(D)(5) to read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(D) * * *
(5) Additional call data required from internet protocol captioned
telephone service providers. In addition to the data required by
paragraph (c)(5)(iii)(D)(2) and (3) of this section, internet protocol
captioned telephone service providers seeking compensation from the
Fund shall submit a unique account identifier identifying the user
receiving captions for a call, such as the electronic serial number of
the internet protocol captioned telephone service device, the user's
log-in identification, or the user's email address.
* * * * *
0
3. Amend Sec. 64.605 by revising paragraph (a)(1) and adding paragraph
(a)(3) to read as follows:
Sec. 64.605 Emergency calling requirements.
(a) Additional emergency calling requirements applicable to
internet-based TRS providers. (1) As of December 31, 2008, the
requirements of paragraphs (a)(2)(i) and (a)(2)(iv) of this section
shall not apply to providers of VRS and IP Relay to which paragraph (b)
of this section applies. As of the effective date of paragraph (a)(3)
of this section, the requirements of paragraph (a)(2)(iv) and (v) of
this section shall not apply to any provider of IP CTS.
* * * * *
(3) Providers of forms of IP CTS that allow users to initiate calls
by contacting the provider over the internet shall deliver to the PSAP,
designated statewide default answering point, or appropriate local
emergency authority, at the outset of an emergency call, the location
of the emergency, and a telephone number that is assigned to the caller
and that enables the PSAP, designated statewide default answering
point, or appropriate local emergency authority to call the 911 caller
back directly, while ensuring that the caller receives captions on the
callback.
0
4. Amend Sec. 64.611 by revising paragraph (j)(2)(iv) to read as
follows:
Sec. 64.611 internet-based TRS registration.
* * * * *
(j) * * *
(2) * * *
(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
[[Page 9281]]
date shall not be compensable, and an IP CTS provider shall not seek
TRS Fund compensation for such calls, provided however, that after the
applicable date, IP CTS providers may provide service to new users for
up to two weeks after the user's registration information has been
populated in the TRS User Registration Database while the TRS User
Registration Database user verification process is pending and will
seek TRS Fund compensation for such calls that are otherwise
compensable only if the new user is ultimately verified as eligible to
use IP CTS by the TRS User Registration Database administrator.
* * * * *
[FR Doc. 2019-04040 Filed 3-13-19; 8:45 am]
BILLING CODE 6712-01-P