[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35632-35633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13486]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 03-123, 10-51; DA 20-219; FRS 32654]


Structure and Practices of the Video Relay Services Program

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission's 
(Commission's) Consumer and Governmental Affairs Bureau (Bureau), 
pursuant to delegated authority, amends the Commission's 
interoperability requirements for video relay service (VRS) to remove 
reference to the Interoperability Profile for Relay User Equipment (RUE 
Profile).

DATES: These rules are effective August 6, 2021.

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 Bureau's Order on 
Reconsideration, document DA 20-219, adopted on March 3, 2020, released 
on March 3, 2020, in CG Docket Nos. 10-51 and 03-123. The Bureau 
previous sought comment on a petition for reconsideration, published at 
82 FR 33856, July 21, 2017, with a correction published at 82 FR 34471, 
July 25, 2017. The full text of document DA 20-219 is available for 
public inspection via the Commission's Electronic Comment Filing System 
(ECFS). 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).
    Incorporation by Reference: The Commission notified the Director of 
the Federal Register of the removal of the incorporation by reference 
to the RUE Profile from Sec.  64.621(c) on May 5, 2020.

Congressional Review Act

    The Commission sent a copy of document DA 20-219 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

    Document DA 20-219 does not contain new or modified or proposed 
information collections subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. Therefore, it does not contain any new or 
modified information collection burden for small business concerns with 
fewer than 25 employees, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, 44 U.S.C. 3506(c)(4).

Regulatory Flexibility Act Analysis

    Document DA 20-219 does not require a Final Regulatory Flexibility 
Analysis, pursuant to the Regulatory Flexibility Act of 1980 as amended 
(RFA), 5 U.S.C. 601-612, as amended by Public Law 104-121. Document DA 
20-219 will be sent to the Chief Counsel for Advocacy of the Small 
Business Administration.

Incorporation by Reference Summary

    Document DA 20-219 removes from the Commission's rules the 
Interoperability Profile for Relay User Equipment, draft-vrs-rue-
dispatch-00 (2016) (RUE Profile). The RUE Profile provides technical 
specifications that define a standard interface between a relay user's 
equipment and the services offered by relay service providers. The 
document is available from IETF Secretariat, 5177 Brandin Court, 
Fremont, CA 94538, 510-492-4080, https://datatracker.ietf.org/doc/draft-vrs-rue-dispatch.

Synopsis

    1. VRS, a form of telecommunications relay service (TRS), enables 
people with hearing or speech disabilities who use American Sign 
Language (ASL) to employ video equipment to communicate with voice 
telephone users. To ensure that consumers can communicate and port 
their service between VRS providers, the Commission requires VRS 
providers to ensure their services are interoperable and portable and 
has delegated rulemaking authority to the Bureau to adopt technical 
standards.
    2. In response to a petition, the Bureau reconsiders its 2017 
decision incorporating the RUE Profile and deletes the interoperability 
rule's reference to that standard. There are limited benefits to be 
gained from implementing the current version of the RUE Profile, which 
is undergoing review by a standards development organization, and at 
this time such limited benefits do not outweigh the costs of 
implementation.
    3. Benefits. The need for a mandatory provider-to-device technical 
standard to ensure objective interoperability testing is not as 
critical as appeared to be the case when this proceeding began. In 
2013, when the Commission delegated authority to the Bureau to adopt 
VRS technical standards, interoperability could not be assured due to 
the absence of any applicable standards, and there were disputes among 
providers over who was responsible for alleged failures of 
interoperability. More recently, however, the other technical standards 
adopted in 2017--the Provider Interoperability Profile and the xCard 
standard for porting consumer contact lists--appear to have been 
implemented successfully. Further, VRS providers now work together to 
ensure interoperability through an informal process in which engineers 
from each company collaborate on interoperability testing and 
information exchange. In addition, the MITRE Corporation has 
established a testing laboratory environment that enables effective 
testing of interoperability using provider-supplied user devices and 
software. In short, even though compliance with the RUE Profile has not 
been required to date, processes to implement the substance of the 
Commission's current interoperability and portability rules are in 
place and have produced positive results.
    4. More fundamentally, the RUE Profile remains a work in progress, 
currently under consideration by a working group of the internet 
Engineering Task Force. No benefit can be gained by enforcing 
compliance with a technical standard that is not ready to be 
implemented.
    5. Costs. Implementation of the RUE Profile at this time would 
require VRS providers to incur substantial costs. In addition, RUE 
Profile compliance may impose additional indirect costs that are 
difficult to quantify, including, e.g., costs caused by unforeseen 
technical problems and security issues arising out of consumer use of 
the VATRP, as well as potential opportunity costs due to the diversion 
of engineering and research resources from technical improvements that 
may offer greater benefit to consumers.
    6. The Bureau will maintain this docket as an open proceeding, to 
allow for consideration of new or updated technical standards, 
including further consideration of provider-to-device standards, should 
they be submitted for consideration.

Ordering Clauses

    7. Pursuant to the authority contained in sections 4(i), 4(j), and 
225 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
(j), 225, and Sec. Sec.  0.141, 0.361, and 1.3 of the Commission's 
rules, 47 CFR 0.141,

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0.361, 1.3, the petition for reconsideration filed by Sorenson 
Communications, LLC, is granted in part and dismissed in part.

List of Subjects in 47 CFR Part 64

    Incorporation by reference, Individuals with disabilities, 
Telecommunications, Telecommunications relay services.

Federal Communications Commission.
Gregory Haledjian,
Legal Advisor, Consumer and Governmental Affairs Bureau.

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. 151, 152, 154, 201, 202, 217, 218, 220, 
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 262, 276, 
403(b)(2)(B), (c), 616, 620, 1401-1473, unless otherwise noted; Pub. 
L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.


0
2. Amend Sec.  64.621 by
0
a. Revising paragraph (a)(3); and
0
b. Removing and reserving (c)(2)(ii).
    The revision reads as follows:


Sec.  64.621  Interoperability and portability.

    (a) * * *
    (3) All VRS providers must ensure that their VRS access 
technologies and their video communication service platforms are 
interoperable with the VRS Access Technology Reference Platform, 
including for point-to-point calls. No VRS provider shall be 
compensated for minutes of use involving their VRS access technologies 
or video communication service platforms that are not interoperable 
with the VRS Access Technology Reference Platform.
* * * * *
[FR Doc. 2021-13486 Filed 7-6-21; 8:45 am]
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