[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26364-26372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11213]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 10-51 and 03-123; FCC 19-39]


Improving Video Relay Service and Direct Video Calling

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) takes actions to: Enable direct video calling between 
sign language users and customer support call centers, by adopting 
procedures for qualified entities to register customer support 
telephone numbers in the telecommunications relay service (TRS) 
Numbering Directory; facilitate per-call validation of video relay 
service (VRS) user registrations via the TRS Numbering Directory 
querying system; require VRS providers to register enterprise and 
public videophones in the TRS user registration database (User Database 
or Database); prohibit VRS providers from offering or providing non-
service related inducements to entice consumers to sign up for or use a 
VRS provider's service; and make technical corrections to the 
Commission's TRS rules. These actions will improve VRS and direct video 
calling for people with disabilities and help protect against waste, 
fraud, and abuse to the TRS program.

DATES: Effective Date: These rules are effective July 8, 2019, except 
for the amendments to Sec. Sec.  64.611, 64.613, and 64.615, which are 
delayed. The Commission will publish a document in the Federal Register 
announcing the effective 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 Report 
and Order, document FCC 19-39, adopted on May 9, 2019, released on May 
15, 2019, in CG Docket Nos. 10-51 and 03-123. The Commission previously 
sought comment on these issues in the Further Notice of Proposed 
Rulemaking (2017 VRS Improvements FNPRM), published at 82 FR 17613, 
April 12, 2017. A Further Notice of Proposed Rulemaking (FNPRM) 
contained in document FCC 19-39 is published elsewhere in this issue of 
the Federal Register. The full text of document FCC 19-39 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) or (202) 418-0432 (TTY).

Congressional Review Act

    The Commission sent a copy of document FCC 19-39 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 19-39 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.'' 2017 VRS Improvements FNPRM.
    Amendments to Sec. Sec.  64.611, 64.613, and 64.615 of the 
Commission's rules, which contain modified information collection 
requirements, shall be effective on the date specified in a document to 
be published in the Federal Register announcing Office of Management 
and Budget (OMB) approval of the information collection requirements of 
such rules pursuant to the Paperwork Reduction Act.

Synopsis

    1. VRS is a form of TRS that enables people with hearing or speech 
disabilities who use sign language to make telephone calls over 
broadband with a videophone. In addition to enabling communication 
between ASL users and voice users, the VRS system also enables ASL 
users to communicate directly with other ASL users via video.

Direct Video Access to the TRS Numbering Directory

    2. In order to facilitate direct video calling between sign 
language users and customer support call centers, the Commission allows 
telephone numbers and routing information for qualifying call centers 
to be entered in the TRS Numbering Directory (Numbering

[[Page 26365]]

Directory or Directory). Entities designated as ``Qualified Direct 
Video Entities'' may be granted access to the Directory in order to 
support direct communications between registered VRS users and customer 
support call centers. As the Commission has previously recognized, 
point-to-point video supports the purposes of section 225 of the Act 
more directly than VRS does, because the communication it enables is 
direct, rather than mediated, and far more efficient. Therefore, the 
Commission's action provides a major opportunity to enhance the ability 
of sign language users to engage in more effective, efficient, and 
private communication with customer support--especially because so much 
of VRS traffic involves calls placed to the customer support call 
centers of large businesses and government agencies. For the same 
reason, enabling such communication makes possible major cost savings 
for the TRS Fund, by reducing the need for third-party CAs to 
participate in customer support calls.
    3. To implement this change, the Commission first clarifies who can 
be afforded such Directory access. Because the purpose of this rule is 
to facilitate the use of telephone numbers to reach direct-video-
capable customer support centers, the Commission defines a Qualified 
Direct Video Entity that may be granted Directory access as an 
individual or entity that is engaged in direct video customer support 
and that (1) is the end-user customer that has been assigned the 
telephone number(s) used for direct video customer support calls or (2) 
is the designee of such an entity.
    4. Obtaining Numbering Directory Access. In order to obtain 
authorization for access to the Directory as a Qualified Direct Video 
Entity, an interested party must submit an application to the 
Commission's Consumer and Governmental Affairs Bureau (CGB) that 
includes: (1) The applicant's name, address, telephone number, and 
email address; (2) a description of the service to be provided; (3) an 
acknowledgment that Directory access is conditional on compliance with 
applicable Commission rules, obligations, and standards; (4) contact 
information for personnel responsible for such compliance; and (5) 
certification that the applicant's description of service meets the 
definition of direct video customer support and that the information 
provided is accurate and complete. CGB, in consultation with the 
Commission's Office of the Managing Director, shall approve Directory 
access if the applicant demonstrates, through its responses to each of 
the above requests for information and any additional information 
requested by CGB, that it has a legitimate need for such access and is 
aware of its regulatory obligations. A Qualified Direct Video Entity 
may relinquish its Directory access authorization by so notifying the 
Commission, and such authorization will terminate automatically if one 
year elapses with no call-routing queries received regarding any of the 
Entity's numbers. Further, the Commission may terminate such 
authorization if it determines, after notice to the entity and an 
opportunity to contest such termination, that the entity is no longer 
qualified as described in its application, has materially 
misrepresented information to the Commission, the TRS Numbering 
Administrator, or the User Database administrator, has failed to 
provide required information in the format requested, or has violated 
an applicable Commission rule or order. Following the termination of an 
authorization, the TRS Numbering administrator shall remove the 
previously authorized entity's telephone numbers from the TRS Numbering 
Directory.
    5. After receiving Commission approval, a Qualified Direct Video 
Entity shall enter a telephone number into the Directory by submitting 
the telephone number, associated call routing information, and 
registration information in accordance with instructions provided by 
the TRS Numbering administrator. For each customer support telephone 
number to be entered into the Directory, unless otherwise instructed by 
the User Database administrator, a Qualified Direct Video Entity must 
create an equivalent entry in the Database by providing: The Entity's 
name; the date that the Entity was approved for Directory access; the 
name of the end-user customer support call center(s) (if different from 
the Entity); contact information for the end-user customer support call 
center(s) that will receive calls placed to the customer support 
number; and other information reasonably requested by the User Database 
administrator. Providing such information will enable the User Database 
administrator and the TRS Numbering administrator to confirm that the 
Qualified Direct Video Entity has been approved for Directory access 
and will help ensure that the Directory provides an appropriate 
response to a VRS provider's per-call validation query regarding the 
customer support telephone number. A Qualified Direct Video Entity must 
provide appropriate notification as directed by the User Database 
administrator and the TRS Numbering Administrator if any of the 
information provided changes or if a customer support number entered in 
the Directory is transferred to a different Qualified Direct Video 
Entity or is no longer being used for a qualified direct video purpose. 
The User Database administrator shall remove from the User Database 
each customer support telephone number for a Qualified Direct Video 
Entity that has had its authorization to access the TRS Numbering 
Directory terminated.
    6. A Qualified Direct Video Entity's Directory access includes (1) 
adding and deleting customer support telephone numbers and routing 
information, (2) conducting data queries to obtain routing information 
for outbound point-to-point video calls originating from such telephone 
numbers, (3) conducting data queries to enable the transfer of inbound 
direct video calls to a VRS provider when needed, and (4) performing 
other necessary administrative functions as determined by the TRS 
Numbering administrator in consultation with the User Database 
administrator and the Commission.
    7. Qualified Direct Video Entities granted access to the Directory 
will be held to the same rules and obligations that govern VRS 
providers' access to the Directory and use of Directory numbers, 
including complying with the instructions of the TRS Numbering 
Administrator, and applicable standards pertaining to privacy, 
security, and reliability. To ensure effective telephone communication, 
the Commission further require that videophones, software, and 
transmission protocols used for direct video customer support adhere to 
the same interoperability standards applicable to VRS providers. 
Further, Qualified Direct Video Entities may be subject to fees to 
recover any additional costs incurred by the TRS Numbering 
Administrator or other TRS administrators. Accordingly, the Commission 
does not anticipate that any significant regulatory burdens or costs 
will be imposed on the TRS Fund or VRS providers. Moreover, because 
participation by video entities is strictly voluntary, the Commission 
is confident that the benefits of such participation will far exceed 
the minimal participation costs incurred by those entities choosing to 
participate.
    8. Customer Support Telephone Numbers for VRS and Direct Video 
Callers. The Commission will let the business or government agency 
involved in customer support services determine whether to make direct 
video communication available via a dedicated video number or via the

[[Page 26366]]

generally advertised customer support number, as long as consumers 
retain the ability to communicate with customer support centers through 
VRS.
    9. Outset of a Call--Dedicated Direct Video Customer Support 
Number. If the telephone number entered in the Directory is a dedicated 
direct video line that is different from the company's generally 
advertised telephone number, a consumer will be able to choose between 
dialing the dedicated direct video number or dialing the generally 
advertised customer support number and communicating through VRS. If 
operating a dedicated direct video customer support number, businesses 
or government agencies may also use interactive response systems that 
allow the host system to interact with the VRS user through the use of 
ASL and dual-tone multi-frequency signaling (DTMF). Currently, before 
setting up a relay call, VRS providers must check the Directory to 
ensure that the call is not being made to a destination telephone 
number that can accept video calls directly. If the call center uses a 
dedicated number for direct video calls, only the dedicated number will 
be listed in the Directory, and VRS users seeking to communicate via 
direct video must dial that dedicated number. The generally advertised 
customer support number will not be listed in the Directory; therefore, 
a VRS user who wishes to initiate a customer support call via VRS can 
simply dial the general customer support number, instead of the 
dedicated video number, and a VRS provider will automatically handle 
the call as a VRS call, in the same manner as when a VRS user dials any 
voice telephone number.
    10. Outset of a Call--Single Unified Customer Support Number. 
Alternatively, the direct video number entered in the directory may be 
the same as the generally advertised telephone number used for voice 
calls to the customer support call center. In this case, VRS users 
seeking to communicate with customer support via direct video will 
simply dial the generally advertised number on their videophone, and--
because that generally advertised number will be listed in the 
Directory--the call will be routed directly to the customer support 
center as a point-to-point video call. The customer support center then 
will detect the call as a videophone call and connect the caller 
directly to a representative using sign language, a sign language-
enabled Interactive Video Response system, or another appropriate 
network termination for the sign language user. Sign language users who 
instead wish to use VRS will be able to bypass the direct video option 
by first entering their VRS provider's URL (or selecting a menu option 
on their device's screen to do this) and then directing the VRS CA to 
place a VRS call to the generally advertised customer support number. 
Once the CA is on the call, it will be routed as a voice call and 
detected as such by the customer support center. Any prompts or 
announcements conveyed to VRS users regarding calls to direct-video-
equipped call centers must be neutral and must not be worded so as to 
``steer'' the user toward requesting that a customer support call be 
handled as a VRS call rather than as a direct video call.
    11. The Commission directs the TRS Numbering Administrator to 
implement a method for identifying single unified customer support 
numbers (e.g., by adding an appropriate field to the format for routing 
query responses). The Commission also directs the TRS Fund 
administrator to provide a method for reporting VRS calls involving 
unified customer support numbers and verifying the compensability of 
such calls. The Commission directs the Disability Rights Office to 
announce the effective date for the rules governing single unified 
customer support numbers once these steps have been taken.
    12. Converting Direct Video Calls to VRS. Under either of the above 
alternatives, authorizations for TRS Numbering Directory access are 
conditional on the customer support center being able to initiate a 
call transfer that converts a point-to-point video call into a VRS 
call, in the event that a VRS user communicating with a direct video 
customer agent needs to be transferred to a hearing person, such as a 
supervisor or specialist within the customer support center, while the 
call is in progress. Although the Commission does not mandate how this 
is to be done, it notes that existing protocols, such as the Session 
internet Protocol (SIP) transfer procedure, provide a framework for 
call transfers, whereby the caller's default VRS provider could re-
connect the call to a VRS CA, who would then complete the call between 
the VRS user and the hearing customer support agent via VRS. As there 
is at least one commonly deployed mechanism for dynamically, seamlessly 
upgrading a direct video call to a VRS call that is a common part of 
the SIP standard, the Commission believes there will be little cost to 
this integration, and that such costs will be exceeded by the benefits 
of enabling videophone users to easily access VRS providers when CA 
services are necessary. Further, the VRS provider's obligation to 
implement such a call transfer on request is consistent with a VRS 
provider's obligations to route and deliver a user's inbound and 
outbound calls, ensure interoperability, and provide functionally 
equivalent service. To expedite this process, the Commission encourages 
VRS providers and Qualified Direct Video Entities to work cooperatively 
to implement the necessary technical changes for such call transfers 
that minimize the burden to VRS users to communicate with the 
appropriate party on a call. No later than six months after the 
effective date of the amendments to this section, each VRS provider 
shall be capable of activating an effective call transfer procedure 
within 60 days after receiving a request to do so from a Qualified 
Direct Video Entity. Finally, to the extent that call transfers of this 
kind are prohibited by the VRS Provider Interoperability Profile 
technical standard, the Commission exempts such call transfers from 
such prohibition. The Commission directs the TRS Fund administrator to 
revise its filing instructions to provide appropriate and timely 
guidance to VRS providers on the format to be used and the information 
to be provided when claiming compensation for VRS calls that are 
involved in such call transfers.

TRS User Registration Database

    13. Facilitating Call Validation through the TRS Numbering 
Directory. The Commission's rules require VRS providers to validate the 
eligibility of the party on the video side of each VRS call by querying 
the User Registration Database. The Commission amends its rules to 
allow for implementation of a querying method that makes use of the 
existing TRS Numbering Directory querying system by requiring VRS 
providers to direct call validation queries to the appropriate system 
of records (either the Numbering Directory or the User Database) that 
is identified in the relevant instructions, which will be issued by the 
Commission, the TRS Fund administrator, or the TRS Numbering 
Administrator. The Commission takes this action to provide greater 
flexibility for administration of the VRS program and enable the 
operation of TRS data systems in the most effective and efficient way.
    14. With the adoption of this rule change, as well as the 
requirement for registration of enterprise and public videophones, 
discussed below, the stage is set for activation of the per-call query 
function. A compliance date for the per-call validation requirement 
will be set by public notice, which will be issued by CGB no earlier 
than 90 days after the expiration of the 120-day window for

[[Page 26367]]

submission of enterprise and public videophone registration data to the 
Database. This will allow a period of parallel operation once all of 
the data is submitted to the Database, but before providers are 
required to rely on the per-call validation queries.
    15. Registering Enterprise and Public Videophones in the Database. 
The Commission amends its rules to require VRS providers to submit 
registration information to the User Registration Database 
administrator for public and enterprise videophones. Such registration 
is necessary to assist the Fund administrator in reviewing compensation 
requests involving such videophones and auditing how such videophones 
are used, and thereby to help prevent waste, fraud, and abuse in the 
VRS program. A VRS provider must submit registration information for 
any enterprise or public videophone for which it assigns or receives a 
port of a NANP telephone number (i.e., for which it is the default VRS 
provider). As with individual user registrations, once an enterprise or 
public videophone has been registered in the User Registration 
Database, the videophone's telephone number will be transmitted to the 
TRS Numbering Directory to enable per-call validation queries.
    16. The Commission does not address at this time the proposal to 
require default VRS providers to implement log-in procedures for 
individuals using enterprise and public videophones for VRS calls. 
Pending Commission action on the log-in proposal, VRS providers will be 
paid for compensable calls that are completed to and from such 
videophones in compliance with rules in effect at the time of the call.
    17. Definitions. The Commission defines an ``enterprise 
videophone'' as a videophone maintained by a business, organization, 
government agency, or other entity and designated for use by its 
employees or other individuals in private or restricted areas. 
Videophones provided by enterprises may be situated in a variety of 
locations, including private or shared offices, conference rooms, other 
common rooms, or hospital rooms, and therefore may be intended for use 
by individuals other than ``employees''--while still not fitting the 
definition of a ``public'' videophone. The Commission defines a 
``public videophone'' as a videophone maintained by a business, 
organization, government agency, or other entity, and made available 
for use by the public in a public space, such as a public area of a 
business, school, hospital, library, airport, or government building. 
As adopted, both definitions make clear that the covered devices may be 
used for point-to-point calls by people who may not know ASL. Because 
the TRS Fund does not compensate for point-to-point calls, there is no 
reason to require ASL as opposed to any other form of sign language 
during such calls.
    18. Registration and Certification Requirements. The Commission 
requires each VRS provider to submit the following registration 
information for enterprise and public videophones for which it assigns 
or receives a port of a NANP telephone number: The name of the default 
VRS provider; the videophone's NANP telephone number; The name and 
physical address of the organization, business, or agency where the 
enterprise or public videophone is located; the date that the default 
VRS provider initiated service to the videophone; the name of the 
individual associated with the organization, business, or agency who is 
responsible for the videophone; and confirmation that the provider has 
obtained a signed certification from that individual stating that such 
person understands the function of the videophone and that the cost of 
VRS calls made on the videophone is financed by the federally regulated 
Interstate TRS Fund.
    19. For enterprise videophones, the signed certification must also 
include a statement from the responsible individual that the 
organization, business, or agency will make reasonable efforts to 
ensure that only persons with a hearing or speech disability are 
permitted to use the phone for VRS. The VRS provider must also state 
whether the device is assigned to a hearing individual who knows sign 
language and identify the specific type of location where the 
videophone is placed within the organization, business, or agency, to 
enable the administrator to conduct studies of how these phones are 
used and to identify unusual calling patterns that might signal waste, 
fraud, or abuse.
    20. The Commission does not require VRS providers to submit the tax 
identification (ID) number of a registering enterprise because other 
information is available to verify the identity and location of an 
enterprise. The Commission requires VRS providers to maintain the 
confidentiality of any registration and certification information they 
obtain for enterprise and public videophones.
    21. Timeframe for Compliance. The Commission will release a public 
notice announcing a 120-day period within which VRS providers must 
submit registration information to the Database administrator for all 
enterprise and public videophones then in service. For VRS calls placed 
on or before the data submission deadline (i.e., the last day of this 
120-day period) to and from phone numbers identified by TRS providers 
as associated with enterprise and public videophones, compensation will 
be paid if such calls are determined to be compensable in accordance 
with the procedures in place as of the date of the call. For calls 
placed after the data submission deadline, if registration data for the 
enterprise or public videophone was submitted to the Database on or 
before the data submission deadline, and the verification check is not 
completed as of that deadline, compensation will be paid or withheld in 
accordance with the guidance provided in the TRS-URD Registration 
Extension Order, document DA 18-196. If a public or enterprise 
videophone is activated after the data submission deadline, or if 
registration information for an existing phone is not submitted until 
after the deadline, VRS calls to or from the videophone are compensable 
only if made after the registration data has been submitted and 
verified.
    22. Terminations and Usage Monitoring. In the Report and Order, the 
Commission requires VRS providers to monitor enterprise and public 
videophone usage and to report any unusual activity to the TRS Fund 
administrator. In addition, the Commission requires VRS providers to 
notify the TRS Fund administrator within one business day after a 
registered enterprise or public videophone is removed or permanently 
disconnected from VRS. The collection of this information is necessary 
to prevent waste, fraud, and abuse, given that enterprise and public 
videophones are available for use by multiple individuals.

Prohibiting Non-Service Related Inducements

    23. In the Report and Order, the Commission prohibits VRS providers 
from offering or providing non-service related inducements that are 
intended to entice consumers to sign up for or use a VRS provider's 
service. Specifically, the Commission adopts a new rule prohibiting VRS 
providers from offering or providing, to any individual or entity, any 
form of direct or indirect incentives, financial or otherwise, whether 
express or implied, for the purpose of encouraging individuals to 
register for or use a VRS provider's service.
    24. The rule amendment addresses sign-up incentives aimed primarily 
at inducing current VRS users to switch (or refrain from switching) 
providers, rather than recruiting entirely new users. Such incentives 
undermine the achievement of statutory objectives,

[[Page 26368]]

albeit in a more indirect fashion. Competition among providers to offer 
sign-up inducements tends to increase VRS costs without improving the 
quality of service, impairing providers' ability and incentive to 
compete on service quality. Further, to the extent that inducements to 
choose a particular provider are offered selectively to relatively high 
volume users (or to consumers perceived as such), they are likely to 
increase the cost burden on the TRS Fund, by generating a perverse 
incentive for users to make calls that otherwise would not be made. In 
the context of a service supported by the TRS Fund, the record does not 
disclose any benefit from non-service-related incentives that could 
conceivably offset the harms described above.
    25. The inducements the Commission prohibits are not limited to 
loyalty programs, user appreciation awards, charitable donations and 
other incentives to increase VRS usage, but also include non-service-
related give-aways, such as video game systems, that reward or entice 
users to register for or use a particular provider's VRS. The 
prohibition covers inducements to continue using a particular provider 
as well as inducements to change one's default provider or to dial-
around to a particular provider. The Commission does not prohibit de 
minimis give-aways, such as pens and T-shirts, as such items do not 
rise to the level of an inducement sufficient to entice a consumer to 
sign up for or use a particular provider's service. The Commission 
concludes that this approach builds upon the Commission's earlier 
financial incentives rulings in ways that account for the particular 
harms to statutory goals and TRS policies arising from these types of 
incentives. Where a consumer device is given out to induce users to 
switch default providers, or stay with their current provider, and is 
not the type of device ordinarily needed or used to place a VRS call, 
it should be prohibited. In determining whether a free give-away 
constitutes a non-service related inducement, the Commission will 
consider, among other things, the extent to which the equipment is 
designed, marketed, and used for relay communication. Providers that 
are uncertain about the permissibility of giving away a particular 
device may seek guidance from the Commission prior to engaging in such 
activity.
    26. Although this new rule does not cover providing VRS-related 
items, such as videophones and video monitors, at no or minimal charge, 
the Commission's existing rule prohibiting VRS provider practices that 
improperly stimulate VRS usage necessarily encompasses the practice of 
providing VRS-related equipment at no or minimal charge to select users 
based on their actual or expected volume of VRS minutes. The Commission 
reminds VRS providers that, absent a clear justification, e.g., based 
on the nature of a particular person's disability, or the launching of 
a limited-duration opt-in product testing program with clear 
instruction on participation requirements, the provision of equipment 
at no or minimal charge to select individuals, whether or not service-
related, may be deemed evidence that a provider has violated the rule 
against practices that cause or encourage the making of VRS calls that 
would not otherwise be made.

Technical Corrections to the TRS Rules

    27. The Commission amends Sec.  64.604(c) of its rules to correct 
erroneous cross-references and an incorrect paragraph number. 
Specifically, the cross-references in the current text of Sec.  
64.604(c)(5)(iii)(D) of its rules, citing provisions of paragraph 
(c)(5)(iii)(C), are corrected to cite the corresponding provisions of 
paragraph (c)(5)(iii)(D). In addition, Sec.  64.604(c)(12) of its 
rules, which includes two paragraphs (c)(12)(ii), is corrected to 
change the numbering of the second paragraph from (c)(12)(ii) to 
(c)(12)(iii).

Final Regulatory Flexibility Analysis

    28. As required by the Regulatory Flexibility Act of 1980, as 
amended, the Commission incorporated an Initial Regulatory Flexibility 
Analysis (IRFA) into 2017 VRS Improvements FNPRM. The Commission sought 
written public comment on the proposals in the 2017 VRS Improvements 
FNPRM, including comment on the IRFA. No comments were received in 
response to the IRFA.

Need For, and Objectives of, the Rules

    29. With regard to enterprise and public videophones, the Report 
and Order adopts requirements for VRS providers to: (1) Submit 
registration information to the User Database administrator for each 
enterprise or public videophone after notice from the Commission that 
the Database is ready to accept such information; (2) notify the TRS 
Fund administrator in the event a registered enterprise or public 
videophone is removed from service or permanently disconnected from 
VRS, within one business day of such termination; and (3) monitor 
videophone usage and report any unusual activity to the TRS Fund 
administrator.
    30. The Report and Order also (1) adopts a requirement for VRS 
providers, when validating the eligibility of the party on the video 
side of each VRS call, to query either the User Database or the TRS 
Numbering Directory, as directed by the Commission, the TRS Fund 
administrator, or the TRS Numbering Administrator; (2) allows qualified 
entities to access the TRS Numbering Directory in order to enable 
direct video calling (direct video) by registered VRS users to customer 
support call centers; and (3) prohibits VRS providers from offering or 
providing any form of direct or indirect incentives for the purpose of 
encouraging consumers to register for or use VRS.

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

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

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

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

Small Entities Impacted

    33. The rules adopted in the Report and Order will affect 
obligations of VRS providers and providers of direct video services. 
These services can be included within the broad economic category of 
All Other Telecommunications.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    34. The rule prohibiting VRS providers from offering or providing 
incentives to register for or use VRS does not create direct reporting 
and recordkeeping requirements, but does impose compliance requirements 
on VRS providers. Specifically, this rule requires VRS providers to 
refrain from offering or providing incentives to encourage consumers to 
register for or use VRS.
    35. The rules affecting enterprise and public videophones will 
require VRS providers to collect and retain identifying information for 
the videophones for which they are the default VRS provider and to 
provide that information to the User Database administrator, including 
the name of the default VRS provider, the name and physical address of 
the organization, business, or agency where the videophone is located, 
the date that service to the videophone is initiated, the name of the 
individual associated with the organization, business, or agency who is 
responsible for

[[Page 26369]]

maintaining the videophone, and confirmation that the provider has 
obtained a signed certification from that individual stating that such 
person understands the function of the videophones and that the cost of 
VRS calls is financed by the federally regulated Interstate TRS Fund, 
and for enterprise phones that the person certifying will make 
reasonable efforts to ensure that only eligible users make use of the 
videophones. VRS providers are also required to monitor usage of 
enterprise and public videophones and report unusual activity to the 
TRS Fund administrator.
    36. The rules require VRS providers, when validating the 
eligibility of the party on the video side of each VRS call, to query 
either the User Database or the TRS Numbering Directory, as directed by 
the Commission, the TRS Fund administrator or the TRS Numbering 
Administrator, rather than requiring that only the User Database may be 
queried.
    37. Qualified Direct Video Entities seeking access to the TRS 
Numbering database are required to submit an application that includes: 
(1) The applicant's name, address, telephone number, and email address; 
(2) a description of the service to be provided; (3) an acknowledgment 
that the authorization granted under this paragraph is subject to 
compliance with applicable Commission rules; (4) contact information 
for personnel responsible for addressing issues relating to such 
compliance; and (5) certification that the applicant possesses the 
financial, managerial, and technical expertise to provide reliable 
service. To enter a telephone number into the TRS Numbering Directory, 
Qualified Direct Video Entities will be required to submit the 
telephone number, associated call routing information, and registration 
information in accordance with instructions provided by the User 
Database administrator. The Qualified Direct Video Entity must provide 
to the User Database administrator the Qualified Direct Video Entity's 
name; the date that the Qualified Direct Video Entity was approved for 
numbering access; the name of the end-user customer support center (if 
different from the Qualified Direct Video Entity); the physical address 
of the customer support center or centers that will receive calls 
placed to the direct video number and other information reasonably 
requested by the User Database administrator.

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

    38. The provision of VRS to enterprise and public videophones is 
optional for VRS providers. The registration requirements for such 
videophones apply equally to all VRS providers and users, and are 
necessary to prevent waste, fraud, and abuse of the TRS Fund by making 
it possible for the TRS Fund administrator to monitor call data records 
for unusual call patterns. The registration requirements for enterprise 
and public videophones are no more burdensome than the registration 
requirements for individual videophones. To the extent there are 
differences in operating costs resulting from economies of scale, those 
costs are reflected in the different rate structures applicable to 
large and small VRS providers.
    39. The rule requiring VRS providers, when validating the 
eligibility of the party on the video side of each VRS call, to query 
either the User Database or the TRS Numbering Directory, as directed by 
the Commission, the TRS Fund administrator, or the TRS Numbering 
Administrator, rather than requiring that only the User Database may be 
queried, as the rules are currently written, is not burdensome. This 
change does not alter the basic requirement to query a database; its 
only effect is to possibly change the database that providers must 
query.
    40. Permitting Qualified Direct Video Entities to access the TRS 
Numbering Directory is necessary for the purpose of routing calls to 
and from such customer support call centers. Granting access will 
subject Qualified Direct Video Entities to call-routing, application, 
and registration rules that are similar to and no more burdensome than 
those currently applicable to VRS providers. The application and 
registration requirements apply only to those entities that seek to 
place numbers in the TRS Numbering Directory and are necessary to 
ensure that such entities are aware of and capable of meeting their 
regulatory obligations and have a legitimate need to access the TRS 
Numbering database.
    41. Prohibiting VRS providers from offering or providing direct or 
indirect inducements to register for or use VRS will help ensure that 
VRS is available to the extent possible and in the most efficient 
manner while helping to limit waste, fraud, and abuse by preventing VRS 
providers from encouraging users to make calls that the users might 
otherwise not make. Adopting this prohibition may benefit small VRS 
providers by removing competitive costs associated with offering 
inducements unrelated to providing service and focusing competition on 
service quality.

Ordering Clauses

    42. 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 19-
39 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.

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

0
2. Amend Sec.  64.601 by redesignating paragraphs (a)(13) through (27) 
and (28) through (47) as paragraphs (a)(15) through (29) and (32) 
through (51) and adding new paragraphs (a)(13) and (14) and (30) and 
(31) to read as follows:


Sec.  64.601   Definitions and provisions of general applicability.

    (a) * * *
    (13) Direct video customer support. A telephone customer support 
operation that enables callers with hearing or speech disabilities to 
engage in real-time direct video communication in ASL with ASL speakers 
in a call center operation.
    (14) Enterprise videophone. A videophone maintained by a business, 
organization, government agency, or other entity, and designated for 
use by its employees or other individuals in private or restricted 
areas.
* * * * *
    (30) Public videophone. A videophone maintained by a business, 
organization, government agency, or other entity, and made available 
for use by the public in a public space, such as a public area of a 
business, school, hospital, library, airport, or government building.
    (31) Qualified direct video entity. An individual or entity that is 
approved by the Commission for access to the TRS

[[Page 26370]]

Numbering Directory that is engaged in direct video customer support 
and that is the end-user customer that has been assigned a telephone 
number used for direct video customer support calls or is the designee 
of such entity.
* * * * *

0
3. Amend Sec.  64.604 by revising paragraphs (c)(5)(iii)(D)(2) 
introductory text, (c)(5)(iii)(D)(3), (c)(5)(iii)(D)(4) introductory 
text, (c)(5)(iii)(D)(4)(i), (c)(8) heading, and (c)(8)(v), adding 
paragraph (c)(8)(vi), and redesignating the second paragraph 
(c)(12)(ii) as paragraph (c)(12)(iii) to read as follows:


Sec.  64.604   Mandatory minimum standards.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (D) * * *
    (2) Call data required from all TRS providers. In addition to the 
data requested by paragraph (c)(5)(iii)(D)(1) of this section, TRS 
providers seeking compensation from the TRS Fund shall submit the 
following specific data associated with each TRS call for which 
compensation is sought:
* * * * *
    (3) Additional call data required from internet-based Relay 
Providers. In addition to the data required by paragraph 
(c)(5)(iii)(D)(2) of this section, internet-based Relay Providers 
seeking compensation from the Fund shall submit speed of answer 
compliance data.
    (4) Call record and speed of answer data. Providers submitting call 
record and speed of answer data in compliance with paragraphs 
(c)(5)(iii)(D)(2) and (3) of this section shall:
    (i) Employ an automated record keeping system to capture such data 
required pursuant to paragraph (c)(5)(iii)(D)(2) of this section for 
each TRS call for which minutes are submitted to the fund administrator 
for compensation; and
* * * * *
    (8) Incentives for use of IP CTS and VRS. * * *
    (v) A VRS provider shall not offer or provide to any person or 
entity any form of direct or indirect incentives, financial or 
otherwise, for the purpose of encouraging individuals to register for 
or use the VRS provider's service.
    (vi) Any IP CTS or VRS provider that does not comply with this 
paragraph (c)(8) shall be ineligible for compensation for such service 
from the TRS Fund.
* * * * *

0
4. Amend Sec.  64. 611 by adding paragraph (a)(6) and revising 
paragraphs (c)(1)(i), (c)(2)(i), and (c)(2)(ii)(B) to read as follows:


Sec.  64.611   internet-based TRS registration.

    (a) * * *
    (6) Enterprise and public videophones--(i) Definition. For purposes 
of this section, a default VRS provider for an enterprise or public 
videophone is the VRS provider that assigns a North American Numbering 
Plan (NANP) telephone number to such videophone or receives a port of 
such number.
    (ii) Enterprise and public videophone certification. (A) Written 
certification. A default VRS provider for an enterprise or public 
videophone shall obtain a written certification from the individual 
responsible for the videophone, attesting that the individual 
understands the functions of the videophone and that the cost of VRS 
calls made on the videophone is financed by the federally regulated 
Interstate TRS Fund, and for enterprise videophones, that the 
organization, business, or agency will make reasonable efforts to 
ensure that only persons with a hearing or speech disability are 
permitted to use the phone for VRS.
    (B) Electronic signatures. The certification required by paragraph 
(a)(6)(ii)(A) 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 paragraph (a)(6)(ii)(B), 
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 
paragraph (a)(6)(ii)(B), 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.
    (C) Consent for transmission and confidentiality of enterprise and 
public videophone registration. A default VRS provider for an 
enterprise or public videophone must obtain consent from the individual 
responsible for the videophone to transmit the information required by 
this section to the TRS User Registration Database. Before obtaining 
such consent, a VRS provider must describe to such individual, using 
clear, easily understood language, the specific information being 
transmitted, 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 denial of 
service to the videophone. A VRS provider must obtain and keep a record 
of affirmative acknowledgment of such consent for every enterprise and 
public videophone. A VRS provider shall maintain the confidentiality of 
any registration and certification information obtained by the 
provider, 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.
    (iii) Enterprise and public videophone registration. A default VRS 
provider for an enterprise or public videophone shall 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 enterprise or public videophone for which it 
assigns (or receives a port of) a North American Numbering Plan 
telephone number or for which it is the default VRS provider:
    (A) The default VRS provider's name;
    (B) The NANP telephone number assigned to the videophone;
    (C) The name and physical address of the organization, business, or 
agency where the enterprise or public videophone is located, and the 
Registered Location of the phone if that is different from the physical 
address;
    (D) Whether the videophone is a public or enterprise videophone, 
and for enterprise videophones, the type of location where the 
videophone is located within the organization, business, agency, or 
other entity, such as, but not limited to, a reception desk or other 
work area, a private workspace, a private room in a long-term care 
facility, or another restricted area;
    (E) The date of initiation of service to the videophone by the 
default VRS provider;
    (F) The name of the individual responsible for the videophone, 
confirmation that the provider has obtained the certification required 
by paragraph (a)(6)(ii) of this section, and the date the certification 
was obtained by the provider; and
    (G) Whether the device is assigned to a hearing individual who 
knows sign language.
    (iv) Transmission of data to the TRS User Registration Database. 
Default VRS providers shall transmit the information required by 
paragraph (a)(6)(iii) of this section for existing enterprise and 
public videophones within 120 days after notice from the Commission 
that

[[Page 26371]]

the TRS User Registration Database is ready to accept such information. 
For videophones placed in service more than 120 days after such notice, 
the default VRS provider shall submit the required information and 
certification before initiating service. VRS calls placed to or from 
enterprise or public videophones more than 120 days after such notice 
shall not be compensable if the required registration information was 
not received by the TRS User Registration Database before placement of 
the call.
    (v) Notice of removal or disconnection of enterprise and public 
videophones. VRS providers shall notify the TRS Fund administrator 
within one business day in the event that a registered enterprise or 
public videophone is removed or permanently disconnected from VRS.
* * * * *
    (c) * * *
    (1) * * *
    (i) Obtain current routing information from their Registered 
internet-based TRS Users, registered enterprise and public videophones, 
and hearing point-to-point video users;
* * * * *
    (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, or any individual responsible for maintaining an enterprise or 
public videophone, that ports a NANP telephone number to another VRS or 
IP Relay provider or otherwise selects a new default provider; and
    (ii) * * *
    (B) VRS and IP Relay providers other than the default provider are 
aware that they must query the TRS Numbering Directory in order to 
obtain accurate routing information for a particular user of VRS or IP 
Relay, or for an enterprise or public videophone.
* * * * *

0
5. Amend Sec.  64.613 by revising paragraphs (a)(1), (2), and (4) and 
adding paragraphs (a)(5) and (c) to read as follows:


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

    (a) TRS Numbering Directory. (1) The TRS Numbering Directory shall 
contain records mapping the geographically appropriate NANP telephone 
number of each Registered internet-based TRS User, registered 
enterprise videophone, registered public videophone, direct video 
customer support center, and hearing point-to-point video user to a 
unique Uniform Resource Identifier (URI).
    (2) For each record associated with a geographically appropriate 
NANP telephone number for a registered VRS user, enterprise videophone, 
public videophone, direct video customer support center, or hearing 
point-to-point video user, the URI shall contain a server domain name 
or 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.
* * * * *
    (4) Only the TRS Numbering Administrator, internet-based TRS 
providers, and Qualified Direct Video Entities may access the TRS 
Numbering Directory.
    (5) VRS providers shall route all calls placed to NANP numbers 
entered in the TRS Numbering Directory in accordance with the 
associated routing information, except that a call placed by a 
registered VRS user to a NANP number that is capable of receiving 
either voice or video calls may be handled and routed as a VRS call if 
the caller affirmatively so requests.
* * * * *
    (c) Direct video customer support--(1) Registration. Any person 
seeking to access the TRS Numbering Directory as a Qualified Direct 
Video Entity shall submit an application to the Commission addressed to 
the Federal Communications Commission, Chief, Consumer and Governmental 
Affairs Bureau and captioned ``Direct Video Numbering Directory Access 
Application.'' The application shall include:
    (i) The applicant's name, address, telephone number, and email 
address;
    (ii) A description of the service to be provided;
    (iii) An acknowledgment that the authorization granted under this 
paragraph (c) is subject to compliance with applicable Commission 
rules;
    (iv) Contact information for personnel responsible for addressing 
issues relating to such compliance; and
    (v) Certification that the applicant's description of service meets 
the definition of direct video customer support and that the 
information provided is accurate and complete.
    (2) Commission authorization. The Commission shall approve an 
application for a Qualified Direct Video Entity to have access to the 
TRS Numbering Directory if the applicant demonstrates, through its 
responses to each of the requests for information in paragraph (c)(1) 
of this section and any additional information requested by the 
Commission, that the applicant has a legitimate need for such access 
and is aware of its regulatory obligations.
    (3) Termination of authorization. Authorization to access the TRS 
Numbering Directory shall terminate:
    (i) If a Qualified Direct Video Entity relinquishes its 
authorization by notifying the Commission;
    (ii) Automatically if one year elapses with no call-routing queries 
received regarding any of the Qualified Direct Video Entity's NANP 
telephone numbers; or
    (iii) If the Commission determines, after notice to the entity and 
an opportunity for the entity to contest the proposed termination, that 
the entity is no longer qualified as described in its application, has 
materially misrepresented information to the Commission, the TRS 
Numbering administrator, or the TRS User Registration Database 
administrator, has failed to provide required information in the format 
requested, or has violated an applicable Commission rule or order or a 
requirement imposed by authority of the TRS Numbering administrator or 
the TRS User Registration Database administrator. Following the 
termination of an authorization, the TRS Numbering administrator shall 
remove the previously authorized entity's telephone numbers from the 
TRS Numbering Directory.
    (4) Notification of material change. A Qualified Direct Video 
Entity that is granted access to the TRS Numbering Directory shall 
notify the Commission within 60 days of any material changes to 
information provided in its application.
    (5) Qualified Direct Video Entities' obligations. A Qualified 
Direct Video Entity shall comply with all relevant rules and 
obligations applicable to VRS providers' access to the TRS Numbering 
Directory and the use of numbers provisioned in the TRS Numbering 
Directory, including, but not limited to:
    (i) Provisioning and maintaining current routing information in the 
TRS Numbering Directory for each NANP telephone number that it enters 
in such directory;
    (ii) Being able to make point-to-point calls and receive point-to-
point or VRS calls from any VRS user in accordance with all 
interoperability standards applicable to VRS providers, including, but 
not limited to, the relevant technical standards specified in Sec.  
64.621(b);
    (iii) Protecting customer proprietary network information of any 
VRS user obtained in accordance with Sec. Sec.  64.5101 through 64.5111 
(TRS Customer Proprietary Network Information);

[[Page 26372]]

    (iv) Following TRS Numbering Directory access procedures and 
performing related administrative functions as directed by the TRS 
Numbering administrator in consultation with the Managing Director and 
the Chief, Consumer and Governmental Affairs Bureau; and
    (v) Adhering to all other applicable standards pertaining to 
privacy, security, and reliability.
    (6) Call transfer capability. A Qualified Direct Video Entity shall 
ensure that each customer support center is able to initiate a call 
transfer that converts a point-to-point video call into a VRS call, in 
the event that a VRS user communicating with a direct video customer 
agent needs to be transferred to a hearing person while the call is in 
progress. No later than December 6, 2019, each VRS provider shall be 
capable of activating an effective call transfer procedure within 60 
days after receiving a request to do so from a Qualified Direct Video 
Entity.
    (7) TRS User Registration Database. For each direct video number to 
be entered into the TRS Numbering Directory, unless otherwise 
instructed by the TRS User Registration Database administrator, a 
Qualified Direct Video Entity must create an equivalent entry in the 
TRS User Registration Database by providing:
    (i) The Qualified Direct Video Entity's name;
    (ii) The date that the Qualified Direct Video Entity was approved 
for TRS Numbering Directory access;
    (iii) The name of the end-user customer support center (if 
different from the Qualified Direct Video Entity);
    (iv) Contact information for the end-user customer support call 
center(s); and
    (v) Other information reasonably requested by the TRS User 
Registration Database administrator.

0
6. Amend Sec.  64.615 by revising paragraph (a)(1) introductory text, 
redesignating paragraphs (a)(2) through (5) as paragraphs (a)(3) 
through (6), adding new paragraph (a)(2), and revising newly 
redesignated paragraph (a)(6) to read as follows:


Sec.  64.615   TRS User Registration Database and administrator.

    (a) * * *
    (1) VRS users call validation. VRS providers shall validate the 
eligibility of the party on the video side of each call by querying the 
TRS User Registration Database or the TRS Numbering Directory, as 
directed by the Commission, the TRS Fund administrator, or the TRS 
Numbering Administrator, on a per-call basis. Emergency 911 calls are 
excepted from the requirement in this paragraph (a)(1).
* * * * *
    (2) Enterprise and public videophone call validation. (i) VRS 
providers shall validate the registration of an enterprise or public 
videophone used for a VRS call by querying the designated database in 
accordance with paragraph (a)(1) of this section.
    (ii) [Reserved]
    (iii) VRS providers shall require their CAs to terminate any call 
which does not include a registered enterprise or public videophone or, 
pursuant to the provider's policies, the call does not appear to be a 
legitimate VRS call, and VRS providers may not seek compensation for 
such calls from the TRS Fund.
    (iv) Emergency 911 calls from enterprise and public videophones 
shall be exempt from the videophone validation requirements of 
paragraph (a)(2)(i) of this section.
* * * * *
    (6) 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 or an enterprise or 
public videophone.
    (ii) VRS and IP CTS providers shall not register individuals or 
enterprise or public videophones that 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 or for calls placed to or from enterprise or public 
videophones 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.
* * * * *

[FR Doc. 2019-11213 Filed 6-5-19; 8:45 am]
 BILLING CODE 6712-01-P