[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Pages 37328-37329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15008]


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

FEDERAL COMMUNICATIONS COMMISSION

[CG Docket Nos. 03-123 and 13-24; DA 21-753; FR ID 36290]


Comment Sought on Request for Freeze of IP CTS Compensation Level

AGENCY: Federal Communications Commission.

ACTION: Notice.

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

SUMMARY: In this document, the Consumer and Governmental Affairs Bureau 
(Bureau) of the Federal Communications Commission (Commission) seeks 
comment on a request by six of the seven currently certified providers 
of internet Protocol (IP) Captioned Telephone Service (IP CTS) to defer 
the reduction in the per minute level of Telecommunications Relay 
Service (TRS) Fund support for IP CTS previously ordered by the 
Commission.

DATES: Comments are due July 30, 2021 and replies are due August 9, 
2021.

ADDRESSES: Comments and replies may be filed, identified by CG Docket 
Nos. 03-123 and 13-24, using the Commission's Electronic Comment Filing 
System (ECFS).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://www.fcc.gov/ecfs/filings.
     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.
    [cir] 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.
    [cir] Currently, the Commission does not accept any hand delivered 
or messenger delivered filings as a temporary measure taken to help 
protect the health and safety of individuals, and to mitigate the 
transmission of COVID-19. In the event that the Commission announces 
the lifting of COVID-19 restrictions, a filing window will be opened at 
the Commission's office located at 9050 Junction Drive, Annapolis 
Junction, Maryland 20701.
    [cir] 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.
    [cir] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 45 L Street NE, Washington DC 20554.
    [cir] During the time the Commission's building is closed to the 
general public and until further notice, if more than one docket or 
rulemaking number appears in the caption of a proceeding, paper filers 
need not submit two additional copies for each additional docket or 
rulemaking number; an original and one copy are sufficient.

FOR FURTHER INFORMATION CONTACT: William Wallace, Consumer and 
Governmental Affairs Bureau at: (202)

[[Page 37329]]

418-2716; email: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, DA 21-753, in CG Docket Nos. 03-123 and 13-24, released on June 
25, 2021. 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.

Synopsis

    1. On September 30, 2020, the Commission adopted Misuse of Internet 
Protocol (IP) Captioned Telephone Service; Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, Report and Order, Order on Reconsideration, and 
Further Notice of Proposed Rulemaking, published at 85 FR 64971, 
October 14, 2020, and 86 FR 7681, February 1, 2021. Pursuant to the 
Report and Order, TRS Fund compensation for the provision of IP CTS is 
to be reduced from the current level of $1.42 per minute to $1.30 per 
minute, effective July 1, 2021.
    2. The Joint Providers contend that deferring the scheduled 
compensation reduction would better enable the Commission to consider 
the impact on compensation rates before adopting changes in applicable 
service-quality standards, as proposed in the Further Notice of 
Proposed Rulemaking. The Joint Providers point out that the currently 
scheduled compensation adjustment follows a series of previous 
adjustments ordered by the Commission over a three-year period, with 
the goal of bringing TRS Fund compensation into line with reasonable 
cost, and that these prior adjustments reduced per-minute IP CTS 
compensation from $1.9467 (in the 2017-18 Fund Year) to the current 
$1.42 level.
    3. The Joint Providers also assert that ``significant uncertainty 
as to future costs and demand'' has resulted from the ``protracted 
impact of the [COVID-19] pandemic'' and the consequent adjustments made 
by IP CTS providers ``to ensure high quality access for users.'' As a 
result, the Joint Providers argue, ``a prudent approach is to halt 
further rate reductions, determine the appropriate standards that will 
be adopted for IP CTS, determine the impact of those standards on 
normalized costs (i.e., not impacted by a worldwide pandemic), and 
determine a long-term rate methodology that ensures continued 
functional equivalence, innovation, and consumer choice for IP CTS 
users.''
    4. The Bureau seeks comment on the Joint Providers' request. In 
particular, because there is insufficient information in the record to 
evaluate some of the assertions in the request, and because the 
Commission's analysis of the issues raised should be data driven, the 
Bureau seeks additional information on the following:
     Current estimates are that $1.30 is substantially higher 
than the average per-minute IP CTS cost projected for 2021-22. The 
$1.30 per-minute compensation rate was adopted based on pre-COVID-19 
estimates of average per-minute cost. To date, the impact of the COVID-
19 pandemic has been to reduce average per-minute IP CTS costs 
substantially below the $1.30 cost-based rate adopted by the 
Commission. Based on providers' cost and demand projections submitted 
in March 2021, the TRS Fund administrator estimates a weighted average 
cost for IP CTS (including a 10% operating margin) of $1.1169 per 
minute--approximately 14% lower than the scheduled $1.30 compensation. 
Have providers revised their projections of 2021-22 costs and demand? 
If so, the Bureau seeks detailed information about such revised 
projections and the basis on which they were revised, to enable a 
determination of the likelihood that average per-minute costs (plus 
operating margin) for the 2021-22 Fund Year will exceed the $1.30 
level. Is there other reliable data supporting a compensation freeze at 
the $1.42 level?
     The $1.30 per-minute rate that is scheduled to become 
effective July 1 will expire at the end of the 2021-22 Fund Year. Is 
freezing the rate at a higher level necessary at this time, or could 
the Commission effectively address the impact of possible changes in 
service-quality standards when setting compensation for the subsequent 
rate period?
     While the Commission has proposed that metric standards be 
developed for IP CTS caption delay and accuracy, no such standards have 
been adopted to date. Nonetheless, the Bureau seeks information about 
any investments in quality and technology improvements currently being 
considered by providers. To what extent could such investments be 
expected to cause a net increase in a provider's per-minute service 
costs during the 2021-22 Fund Year?
     Given the industry's recent innovation, development, and 
investment in automatic speech recognition, to what extent could such 
investment in quality and technology improvements result in a decrease 
in per-minute costs?
     If the Commission were to ``freeze'' IP CTS compensation 
at the current $1.42 level, what increase would be needed in the 
proposed TRS funding requirement and the contribution factor for 
support of IP CTS? If such action were to be taken after the $1.30 
compensation level becomes effective, should the Commission ``true up'' 
compensation retroactively to July 1? How should such a true-up be 
handled?

Federal Communications Commission.
Gregory Haledjian,
Legal Advisor, Consumer and Governmental Affairs Bureau.
[FR Doc. 2021-15008 Filed 7-14-21; 8:45 am]
BILLING CODE 6712-01-P