[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88257-88261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28007]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 03-123, 10-51, 13-24 and WC Docket No. 12-375; FCC 22-
51; FCC 22-76; FR ID 191657]


VRS and IP CTS--Commencement of Pending User Registration; Rates 
for Interstate Inmate Calling Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective and compliance dates.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) announces that the Office of Management and Budget (OMB) 
has approved, for a period of three years, the information collection 
associated with certain rules adopted in the Commission's documents 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities et al., Report and 
Order, FCC 22-51, and Rates for Interstate Inmate Calling Services, 
Fourth Report and Order, FCC 22-76. This document is consistent with 
the Report and Orders, which stated that the Commission would publish a 
document in the Federal Register announcing the effective date of those 
rules.

DATES: 
    Effective date: The amendments to Sec. Sec.  64.611(k)(1)(i) 
through (iii) (amendatory instruction 6), 64.6040(c) (amendatory 
instruction 11), and 64.6060(a)(5) through (7) (amendatory instruction 
12), published at 87 FR 75496, December 9, 2022, are effective December 
21, 2023.
    Compliance dates: Compliance with Sec.  64.6040(b)(2), published at 
87 FR 75496, December 9, 2022, is required by January 1, 2024. 
Compliance with Sec. Sec.  64.611(a)(4)(iii) and (iv) and 
64.615(a)(6)(v) and (vi), published at 87 FR 57645, September 21, 2022, 
for providers of video relay service (VRS), is required on December 21, 
2023.

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

SUPPLEMENTARY INFORMATION: This document announces that, on December 5, 
2023, and December 13, 2023, OMB approved, for a period of three years, 
the information collection requirements contained in the Commission's 
Report and Order, FCC 22-51, published at 87 FR 57645, September 21, 
2022, and

[[Page 88258]]

Report and Order FCC 22-76, published at 87 FR 75496, December 9, 2022. 
The OMB Control Numbers are 3060-1053 and 3060-1089. The Commission 
publishes this document as an announcement of the effective and 
compliance dates of the rules. On March 8, 2023, the Commission 
published an effective date notification, at 88 FR 14251, for the 
programmatic changes adopted in FCC 22-51 that apply to the provision 
of Internet Protocol captioned telephone relay service (IP CTS), 
specifically 47 CFR 64.611 (amendatory instruction 3) and 64.615 
(amendatory instruction 4). If you have any comments on the burden 
estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, via email: 
[email protected]. Please include the OMB Control Numbers, 3060-
1053 or 3060-1089, in your correspondence. The Commission will also 
accept your comments via the internet if you send them to [email protected].
    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).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
December 5, 2023, and December 13, 2023, for the information collection 
requirements contained in the Commission's documents FCC 22-51 and FCC 
22-76.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Numbers are 3060-1053 and 3060-1089.
    The foregoing notification is required by the Paperwork Reduction 
Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:

    OMB Control Number: 3060-1053.
    OMB Approval Date: December 13, 2023.
    OMB Expiration Date: December 31, 2026.
    Title: Misuse of Internet Protocol Captioned Telephone Service (IP 
CTS); Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals with Hearing and Speech Disabilities, CG Docket Nos. 
13-24 and 03-123.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents and Responses: 187,173 respondents; 673,980 
responses.
    Estimated Time per Response: 0.1 hours (6 minutes) to 40 hours.
    Frequency of Response: Annual, every five years, monthly, and 
ongoing reporting requirements; Recordkeeping requirements; Third party 
disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the information collection requirements is 
found at sec. 225 [47 U.S.C. 225] Telecommunications Services for 
Hearing-Impaired Individuals; The Americans with Disabilities Act of 
1990, (ADA), Public Law 101-336, 104 Stat. 327, 366-69, enacted on July 
26, 1990.
    Total Annual Burden: 342,103 hours.
    Total Annual Cost: $72,000.
    Needs and Uses:
    On August 1, 2003, the Commission released Telecommunication Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, CC Docket No. 98-67, Declaratory Ruling, 68 FR 
55898, September 28, 2003, clarifying that one-line captioned telephone 
voice carry over (VCO) service is a type of telecommunications relay 
service (TRS) and that eligible providers of such services are eligible 
to recover their costs from the Interstate TRS Fund (Fund) in 
accordance with section 225 of the Communications Act.
    On July 19, 2005, the Commission released Telecommunication Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, CC Docket No. 98-67 and CG Docket No. 03-123, 
Order, 70 FR 54294, September 14, 2005, clarifying that two-line 
captioned telephone VCO service, like one-line captioned telephone VCO 
service, is a type of TRS eligible for compensation from the Fund.
    On January 11, 2007, the Commission released Telecommunications 
Relay Services and Speech-to-Speech Services for Individuals with 
Hearing and Speech Disabilities, CG Docket No. 03-123, Declaratory 
Ruling, 72 FR 6960, February 14, 2007, granting a request for 
clarification that Internet Protocol captioned telephone relay service 
is a type of TRS eligible for compensation from the Fund.
    On August 26, 2013, the Commission issued Misuse of Internet 
Protocol Captioned Telephone Service; Telecommunications Relay Services 
and Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CG Docket Nos. 13-24 and 03-123, Report and Order, 78 FR 
53684, August 30, 2013, to regulate practices relating to the marketing 
of IP CTS, impose certain requirements for the provision of this 
service, and mandate registration and certification of IP CTS users.
    On June 8, 2018, the Commission issued Misuse of Internet Protocol 
Captioned Telephone Service; Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CG Docket Nos. 13-24 and 03-123, Report and Order and 
Declaratory Ruling, 83 FR 30082, June 27, 2018 (2018 IP CTS 
Modernization Order), to facilitate the Commission's efforts to reduce 
waste, fraud, and abuse and improve its ability to efficiently manage 
the IP CTS program through regulating practices related to the 
marketing of IP CTS, generally prohibiting the provision of IP CTS to 
consumers who do not genuinely need the service, permitting the 
provision of IP CTS in emergency shelters, and approving the use of 
automatic speech recognition to generate captions without the 
assistance of a communications assistant.
    On February 15, 2019, the Commission issued Misuse of Internet 
Protocol Captioned Telephone Service; Telecommunications Relay Services 
and Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CG Docket Nos. 13-24 and 03-123, Report and Order and 
Order, 84 FR 8457, March 8, 2019 (2019 IP CTS Program Management 
Order), requiring the submission of IP CTS user registration 
information to the telecommunications relay service (TRS) User 
Registration Database (Database) so that the Database administrator can 
verify IP CTS users to reduce the risk of waste, fraud, and abuse in 
the IP CTS program.
    On June 30, 2022, the Commission issued Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities; Structure and Practices of the Video Relay Service 
Program; Misuse of Internet Protocol Captioned Telephone Service, CG 
Docket Nos. 03-123, 10-51, and 13-24, Report and

[[Page 88259]]

Order, published at 87 FR 57645, September 21, 2022 (Registration Grace 
Period Order), allowing IP CTS and Video Relay Service (VRS) providers 
to provide compensable service to a new user for up to two weeks after 
submitting the user's information to the Database if the user's 
identity is verified within that period, in order to offer more 
efficient service to IP CTS and VRS users without risk of waste, fraud, 
and abuse to the Fund.
    On September 30, 2022, the Commission released Rates for Interstate 
Inmate Calling Services, FCC 22-76, published at 87 FR 75496, December 
9, 2022 (Accessible Carceral Communications Order). To improve access 
to communications services for incarcerated people with communications 
disabilities, the Commission adopted modifications to the user 
registration and verification requirements applicable to the provision 
of IP CTS and VRS for use of internet-based TRS in correctional 
facilities.

    OMB Control No.: 3060-1089.
    OMB Approval Date: December 5, 2023.
    OMB Expiration Date: December 31, 2026.
    Title: Structure and Practices of the Video Relay Service Program; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CG Docket Nos. 10-51 
& 03-123.
    Form No.: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Individuals or 
households;
    Not-for-profit institutions; State, Local or Tribal Government.
    Number of Respondents and Responses: 187,019 respondents; 1,836,456 
responses.
    Estimated Time per Response: 0.05 hours (3 minutes) to 300 hours.
    Frequency of Response: Annual, monthly, on occasion, on-going, one-
time, and quarterly reporting requirements; recordkeeping requirement; 
and third-party disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the collection is contained in section 225 of 
the Communications Act, 47 U.S.C. 225. The law was enacted on July 26, 
1990, as title IV of the Americans with Disabilities Act of 1990 (ADA), 
Public Law 101-336, 104 Stat. 327, 366-69, and amended by the Twenty-
First Century Communications and Video Accessibility Act of 2010, 
Public Law 111-260, 103(a), 124 Stat. 2751, 2755 (2010) (CVAA); Public 
Law 111-265 (technical amendments to CVAA).
    Total Annual Burden: 320,484 hours.
    Annual Cost Burden: $280,200.
    Needs and Uses:
    The telecommunications relay service (TRS) program enables access 
to the nation's telephone network by persons with hearing and speech 
disabilities. In 1991, as required by the Americans with Disabilities 
Act and codified at 47 U.S.C. 225, the Commission adopted rules 
governing the telecommunications relay services (TRS) program and 
procedures for each state TRS program to apply for initial Commission 
certification and renewal of Commission certification of each state 
program. Telecommunications Services for Individuals with Hearing and 
Speech Disabilities, and the Americans with Disabilities Act of 1990, 
Report and Order and Request for Comments, document FCC 91-213, 
published at 56 FR 36729, August 1, 1991 (1991 TRS Implementation 
Order).
    Between 2008 and 2011, to integrate internet-based TRS into the 
North American Numbering plan and facilitate interoperability, 
universal calling, and 911 emergency services, the Commission adopted 
rules in three separate orders related to the telephone numbering 
system and enhanced 911 (E911) services for users of two forms of 
internet-based TRS: Video Relay Service (VRS) and Internet Protocol 
Relay service (IP Relay). See document FCC 08-151, Report and Order, 
published at 73 FR 41286, July 18, 2008 (First Numbering Order); 
document FCC 08-275, Second Report and Order and Order on 
Reconsideration, published at 73 FR 79683, December 30, 2008 (Second 
Numbering Order); and document FCC 11-123, Report and Order, published 
at 76 FR 59551, September 27, 2011 (internet-based TRS Toll Free 
Order).
    The rules adopted in these three orders have information collection 
requirements that include requiring VRS and IP Relay providers to: 
register each user who selects the provider as his or her default 
provider, including obtaining a self-certification from each user; 
verify the accuracy of each user's registration information; provision 
and maintain their registered users' routing information to the TRS 
Numbering Directory; place their users' Registered Location and certain 
callback information in Automatic Location Information (ALI) databases 
across the country and provide a means for their users to update their 
Registered Locations; include advisories on their websites and in any 
promotional materials addressing numbering and E911 services for VRS or 
IP Relay; verify in the TRS Numbering Directory whether each dial-
around user is registered with another provider; and if they provide 
equipment to a consumer, make available to other VRS providers enough 
information about that equipment to enable another VRS provider 
selected as the consumer's default provider to perform all of the 
functions of a default provider.
    On July 28, 2011, the Commission released Structure and Practices 
of the Video Relay Service Program, document FCC 11-118, published at 
76 FR 47469, August 5, 2011, and at 76 FR 47476, August 5, 2011 (VRS 
Certification Order), adopting final and interim rules--designed to 
help prevent waste, fraud, and abuse, and ensure quality service, in 
the provision of internet-based forms of TRS. On October 17, 2011, the 
Commission released Structure and Practices of the Video Relay Service 
Program, Memorandum Opinion and Order and Order, document FCC 11-155, 
published at 76 FR 67070, October 31, 2011 (VRS Certification 
Reconsideration Order), modifying two aspects of information collection 
requirements contained in the VRS Certification Order.
    On June 10, 2013, the Commission made permanent the interim rules 
adopted in the VRS Certification Order. Structure and Practices of the 
Video Relay Service Program; Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, Report and Order, document FCC 13-82, published at 78 FR 
40582, July 5, 2013 (2013 VRS Reform Order).
    The VRS Certification Order as modified by the VRS Certification 
Reconsideration Order and, as applicable, made permanent by the 2013 
VRS Reform Order, amended the Commission's process for certifying 
internet-based TRS providers as eligible for payment from the 
Interstate TRS Fund (Fund) for their provision of internet-based TRS to 
ensure that internet-based TRS providers receiving certification are 
qualified to provide internet-based TRS in compliance with the 
Commission's rules and to eliminate waste, fraud and abuse through 
improved oversight of such providers. They contain information 
collection requirements including: submission of detailed information 
in an application for certification that shows the applicant's ability 
to comply with the Commission's rules; submission of annual reports 
that include updates to

[[Page 88260]]

the provider's information on file with the Commission or a 
certification that there are no changes to the information; 
requirements for a senior executive of an applicant for internet-based 
TRS certification or an internet-based TRS provider, when submitting an 
annual compliance report, to certify under penalty of perjury to its 
accuracy and completeness; requirements for VRS providers to obtain 
prior authorization from the Commission for planned interruptions of 
service, to report to the Commission unforeseen interruptions of 
service, and to provide notification of temporary service outages, 
including updates, to consumers on their websites; and requirements for 
internet-based TRS providers that will no longer be providing service 
to give their customers notice at least 30-days in advance.
    In the 2013 VRS Reform Order, the Commission adopted further 
measures to improve the structure, efficiency, and quality of the VRS 
program, reducing the noted inefficiencies in the program, as well as 
reducing the risk of waste, fraud, and abuse, and ensuring that the 
program makes full use of advances in commercially-available 
technology. The Commission required reporting of unauthorized and 
unnecessary use of VRS; established a central TRS user registration 
database (TRS-URD) for VRS, which incorporates a centralized 
eligibility verification requirement to ensure accurate registration 
and verification of users, as well as per-call validation, to achieve 
more effective prevention of waste, fraud, and abuse; established 
procedures to prevent unauthorized changes of a user's default TRS 
provider; and established procedures to protect TRS users' customer 
proprietary network information (CPNI) from disclosure.
    On March 23, 2017, the Commission released Structure and Practices 
of the Video Relay Services Program et al., FCC 17-26, published at 82 
FR 17754, April 13, 2017 (2017 VRS Improvements Order), which among 
other things, allows VRS providers to assign TRS Numbering Directory 
10-digit telephone numbers to hearing individuals for the limited 
purpose of making point-to-point video calls, and gives VRS providers 
the option to participate in an at-home call handling pilot program, 
subject to certain limitations, as well as recordkeeping and reporting 
requirements.
    On May 15, 2019, the Commission released Structure and Practices of 
the Video Relay Service Program; Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, FCC 19-39, published at 84 FR 26364, June 6, 2019 (2019 
VRS Program Management Order). The Commission further improved the 
structure, efficiency, and quality of the VRS program, reduced the risk 
of waste, fraud, and abuse, and ensured that the program makes full use 
of advances in commercially-available technology. These improvements 
include information collection requirements, including: the 
establishment of procedures to register enterprise and public 
videophones to the TRS-URD; and permitting Qualified Direct Video 
Calling (DVC) Entities to access the TRS Numbering Directory and 
establishing an application procedure to authorize such access, 
including rules governing DVC entities and entry of information in the 
TRS Numbering Directory and the TRS-URD.
    On August 2, 2019, the Commission released Implementing Kari's Law 
and Section 506 of RAY BAUM's Act; Inquiry Concerning 911 Access, 
Routing, and Location in Enterprise Communications Systems; Amending 
the Definition of Interconnected VoIP Service in Section 9.3 of the 
Commission's Rules, FCC 19-76, published at 84 FR 66716, December 5, 
2019 (MLTS 911 and Dispatchable Location Order). The Commission amended 
its rules to ensure that the dispatchable location is conveyed to a 
Public Safety Answering Point (PSAP) with a 911 call, regardless of the 
technological platform used. Based on the directive in section 506 of 
RAY BAUM'S Act, the Commission adopted dispatchable location 
requirements that in effect modified the existing information 
collection requirements applicable to VRS, IP Relay, and covered 
internet Protocol captioned telephone service by improving the options 
for providing accurate location information to PSAPs as part of 911 
calls.
    Fixed internet-based TRS devices must provide automated 
dispatchable location. For non-fixed devices, when dispatchable 
location is not technically feasible, internet-based TRS providers may 
fall back to Registered Location or provide alternative location 
information. As a last resort, internet-based providers may route calls 
to Emergency Relay Calling Centers after making a good faith effort to 
obtain location data from all available alternative location sources. 
Dispatchable location means a location delivered to the PSAP with a 911 
call that consists of the validated street address of the calling 
party, plus additional information such as suite, apartment, or similar 
information necessary to adequately identify the location of the 
calling party. Automated dispatchable location means automatic 
generation of dispatchable location. Alternative location information 
is location information (which may be coordinate-based) sufficient to 
identify the caller's civic address and approximate in-building 
location, including floor level, in large buildings.
    On January 31, 2020, the Commission released Structure and 
Practices of the Video Relay Service Program; Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, FCC 20-7, 85 FR 27309, May 8, 2020 (VRS At-Home 
Call Handling Order). The Commission amended its rules to convert the 
VRS at-home call handling pilot program into a permanent one, thereby 
allowing CAs to work from home. To ensure user privacy and call 
confidentiality and to help prevent waste, fraud, and abuse, the 
modified information collections include requirements for VRS providers 
to apply for certification to allow their communications assistants to 
handle calls while working at home; monitoring and oversight 
requirements; and reporting requirements.
    On June 30, 2022, the Commission released Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities; Structure and Practices of the Video Relay Service 
Program; Misuse of internet Protocol Captioned Telephone Service, FCC 
22-51, published at 87 FR 57645, September 21, 2022 (Registration Grace 
Period Order). To offer more efficient service to VRS and IP CTS users 
without risk of waste, fraud, and abuse to the TRS Fund, the Commission 
amended its rules to allow VRS and IP CTS providers to provide 
compensable service to a new user for up to two weeks after submitting 
the user's information to the TRS URD if the user's identity is 
verified within that period.
    On September 30, 2022, the Commission released Rates for Interstate 
Inmate Calling Services, FCC 22-76, published at 87 FR 75496, December 
9, 2022 (Accessible Carceral Communications Order). To improve access 
to communications services for incarcerated people with communications 
disabilities, the Commission adopted modifications to the user 
registration and verification requirements applicable to the provision 
of IP CTS and VRS for use of internet-based TRS in correctional 
facilities.


[[Page 88261]]


Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-28007 Filed 12-20-23; 8:45 am]
BILLING CODE 6712-01-P