[Federal Register: August 25, 2003 (Volume 68, Number 164)]
[Rules and Regulations]
[Page 50973-50978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au03-5]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 98-67; FCC 03-112]
Telecommunication Relay Services and Speech-to-Speech Services
for Individuals With Hearing and Speech Disabilities
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends the Commission rules pertaining to
mandatory minimum standards, and other regulations, for
Telecommunications Relay Services (TRS) and speech-to-speech services
for individuals with hearing and speech disabilities. The amended rules
are intended to improve the overall effectiveness of TRS to ensure that
persons with hearing and speech disabilities have access to
telecommunications networks that is consistent with the goal of
functional equivalency mandated by Congress.
DATES: Effective September 24, 2003 except Sec. 64.604 (a)(3) and
(c)(2) of the Commission's rules, which contains information collection
requirements under the Paperwork Reduction Act (PRA), that are not
effective until approved by Office of Management and Budget (OMB).
Written comments by the public on the new and modified information
collections are due October 24, 2003. The Commission will publish a
document in the Federal Register announcing the effective date for that
section.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC, 20554. In addition to filing comments with the
Secretary, a copy of any comments on the information collection(s)
contained herein should be submitted to Leslie Smith, Federal
Communications Commission, Room 1-A804, 445 12th Street, SW.,
Washington, DC 20554, or via the Internet to Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Cheryl King, of the Consumer &
Governmental Affairs Bureau at (202) 418-2284 (voice), (202) 418-0416
(TTY), or e-mail Cheryl.King@fcc.gov. For additional information
concerning the information collection(s) contained in this document,
contact Leslie Smith at (202) 418-0217, or via the Internet at
Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: This Second Report and Order, Order on
Reconsideration contains new and modified collections subject to the
PRA of 1995, Public Law 104-13. These will be submitted to the OMB for
review under section 3507(d) of the PRA. OMB, the general public, and
other Federal agencies are invited to comment on the new and modified
information collections contained in this proceeding. This document
contains a Second Report and Order addressing issues arising from the
Further Notice of Proposed Rulemaking contained in Telecommunications
Relay Services and Speech-to-Speech Services for Individuals with
Hearing and Speech Disabilities, Report and Order and Further Notice of
Proposed Rulemaking, (Improved TRS Order and FNPRM), CC No. Docket 98-
67, FCC No. 00-56, 15 FCC Rcd 5140, March 6, 2000; published at 65 FR
40093, June 21, 2000, and comments received in response thereto. This
document also contains an Order on Reconsideration which resolves
petitions for reconsideration filed against the Improved TRS Order and
FNPRM. Copies of any subsequently filed documents in this matter will
be available for public inspection and copying during regular business
hours at the FCC Reference Information Center, Portals II, 445 12th
Street, SW., Room CY-A257, Washington, DC 20554. The complete text of
this decision may be purchased from the Commission's duplicating
contractor, Qualex International, Portals II, 445 12th Street, SW.,
Room CY-B402, Washington, DC 20554, telephone (202) 863-2893, facsimile
(202) 863-2898, or via e-mail qualexint@aol.com. To request materials
in accessible formats for people with disabilities (braille, large
print, electronic files, audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
(202) 418-0531 (voice), (202) 418-7365 (tty). This Second Report and
Order, Order on Reconsideration can also be downloaded in Text and
ASCII formats at: http://www.fcc.gov/cgb/dro.
Paperwork Reduction Act
The Second Report and Order, Order on Reconsideration contains
either new and/or modified information collections. The Commission, as
part of its continuing effort to reduce paperwork burdens, invites the
general public to comment on the information
[[Page 50974]]
collection(s) contained in this Second Report and Order, Order on
Reconsideration as required by the PRA of 1995, Public Law 104-13.
Public and agency comments are due October 24, 2003.
Synopsis
In this Second Report and Order, the Commission establishes new
rules and amends existing rules governing TRS to further advance the
functional equivalency mandate of section 225 of the Communications Act
of 1934, 47 U.S.C. 225. First, the Commission requires that TRS
providers offer certain improved services and features where
technologically feasible, as well as several additional types of TRS
calls. In addition, the Commission requires that all TRS providers
implement 711 dialing access for STS users. Further, the Commission
revises the requirements for handling emergency calls and provides
guidance for public access to TRS-related information. In the Order on
Reconsideration, the Commission addresses certain requirements for
communications assistants and other matters relating to TRS.
Final Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 603 et seq, an Initial Regulatory Flexibility (IRFA)
was incorporated in the further notice of proposed rule making to which
this Second Report and Order responds. See Improved TRS Order and
FNPRM. The Commission sought written public comment on the proposals in
the Improved TRS Order and FNPRM, including comment on the IRFA
incorporated in that proceeding. The comments we have received discuss
only the general recommendations, not the IRFA. This present Final
Regulatory Flexibility Analysis (FRFA) conforms to the RFA. See 5
U.S.C. 604. We also expect that we could certify the Second Report and
Order under 5 U.S.C. 605, because it appears that only one TRS provider
is likely a small entity (because it is a non-profit organization).
Therefore, there is not a substantial number of small entities that may
be affected by our action.
Need for, and Objective of This Report and Order
This proceeding was initiated to address the requirement that
telecommunications relay services (TRS) users have access to telephone
services that are functionally equivalent to those available to
individuals without hearing or speech disabilities. Our specific
concerns were to examine the mandatory minimum standards for TRS with
regard to enhanced features available to the non-disabled
telecommunications consumer, and to address emergency call handling and
Speech-to-Speech (STS) services. The Commission issued the Improved TRS
FNPRM to further develop the record with the goal of making the full
range of telecommunications services and features available to TRS
users, consistent with Congress' direction that TRS regulations
encourage the use of existing technology and not discourage or impair
the development of improved technology. See 47 U.S.C. 225(d)(2). The
Improved TRS FNPRM also sought comment on outreach programs, the
accessibility of emergency services to TRS, and whether SS7 technology
should be made available to TRS facilities.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
No comments were filed directly in response to the IRFA in this
proceeding. The Commission has nonetheless considered potential
significant economic impact of the rules on small entities and as
discussed below has concluded that the rules adopted may imposed some
economic burden on at least one small entity that is a TRS provider.
Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. 5 U.S.C. 694(a)(3). The RFA
defines the term ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' 5 U.S.C. 601(6). In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act. 5 U.S.C. 601(3) (incorporating
by reference the definition of ``small business concern'' 15 U.S.C.
632). Pursuant to the 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with the
Office of Advocacy of the Small Business Administration and after
opportunity for public comment, establishes one or more definitions of
such term which are appropriate to the activities of the agency and
publishes such definition(s) in the Federal Register.'' A small
business concern is one which: (1) Is independently owned and operated;
(2) is not dominant in its field of operation; and (3) satisfies an
additional criterion established by the Small Business Administration
(SBA). 15 U.S.C. 632. A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' 5 U.S.C. 601(4). Nationwide, as of 1992, there
were approximately 275,801 small organizations. The term ``small
governmental jurisdiction'' is defined as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' 5 U.S.C.
601(5). As of 1997, there were approximately 87,453 governmental
jurisdictions in the United States. U.S. Census Bureau, Statistical
Abstracts of the United States: 2000, Section 9 pages 299-300, Tables
490 and 492. This number includes 39,044 county governments,
municipalities, and townships of which 37,546 (approximately 96.2%)
have populations of fewer than 50,000 and 1,498 have populations of
50,000 or more. Thus, we estimate the number of small governmental
jurisdictions overall to be 84,098 or fewer.
Below, we further describe and estimate the number of small entity
licensees and regulatees that, in theory, may be affected by these
rules. For some categories, the most reliable source of information
available at this time is data the Commission publishes in its Trends
in Telephone Service Report. FCC, Wireline Competition Bureau, Industry
Analysis and Technology Division, ``Trends in Telephone Service'' at
Table 5.3, Page 5-5 (May 2002) (Trends in Telephone Service). FCC Web
site location (see online page 24): http://www.fcc.gov/Bureaus/CommonCarrier/Reports/FCC-StateLink/IAD/trend502.pdf
.
Local Exchange Carriers. We have included small incumbent LECs in
this present RFA analysis. As noted above, a ``small business'' under
the RFA is one that, inter alia, meets the pertinent small business
size standard (e.g., a telephone communications business having 1,500
or fewer employees), and ``is not dominant in its field of operation.''
15 U.S.C. 632. The SBA's Office of Advocacy contends that, for RFA
purposes, small incumbent LECs are not dominant in their field of
operation because any such dominance is not ``national'' in scope.
Letter from Jere W. Glover, Chief Counsel for Advocacy, SBA, to William
E. Kennard, Chairman, FCC (May 27, 1999). The Small Business Act
contains a definition of ``small business concern,'' which the
[[Page 50975]]
RFA incorporates into its own definition of ``small business.'' See 15
U.S.C. 632(a) (Small Business Act); 5 U.S.C. 601(3) (RFA). SBA
regulations interpret ``small business concern'' to include the concept
of dominance on a national basis. 13 CFR 121.102(b). We have therefore
included small incumbent LECs in this RFA analysis, although we
emphasize that this RFA action has no effect on FCC analyses and
determinations in other, non-RFA contexts.
Incumbent Local Exchange Carriers. Neither the Commission nor the
SBA has developed a small business size standard specifically directed
toward providers of incumbent local exchange service. The closest
applicable size standard under SBA rules is for Wired
Telecommunications Carriers. 13 CFR 121.201 NAICS Code 517110. This
provides that such a carrier is a small entity if it employs no more
than 1,500 employees. Id. Commission data from 2000 indicate that there
are 1,329 incumbent local exchange carriers, total, with approximately
1,024 having 1,500 or fewer employees. Trends in Telephone Service at
Table 5.3. The small carrier number is an estimate and might include
some carriers that are not independently owned and operated; we are
therefore unable at this time to estimate with greater precision the
number of these carriers that would qualify as small businesses under
SBA's size standard. Consequently, we estimate that there are no more
than 1,024 ILECS that are small businesses possibly affected by our
action.
Interexchange Carriers. Neither the Commission nor the SBA has
developed a small business size standard specifically directed toward
providers of interexchange services. The closest applicable size
standard under SBA rules is for Wired Telecommunications Carriers. 13
CFR 121.201, NAICS Code 517110. This provides that such a carrier is a
small entity if it employs no more than 1,500 employees. Commission
data from 2000 indicate that there are 229 interexchange carriers,
total, with approximately 181 having 1,500 or fewer employees. Trends
in Telephone Service at Table 5.3. The small carrier number is an
estimate and might include some carriers that are not independently
owned and operated; we are therefore unable at this time to estimate
with greater precision the number of these carriers that would qualify
as small businesses under SBA's size standard. Consequently, we
estimate that there are no more than 181 interexchange carriers that
are small businesses possibly affected by our action.
TRS Providers. Neither the Commission nor the SBA has developed a
definition of ``small entity'' specifically directed towards providers
of telecommunications relay services (TRS). Again, the closest
applicable size standard under the SBA rules is for Wired
Telecommunications Carriers. 13 CFR 121.201, NAICS Code 517110.
Currently, there are 10 interstate TRS providers, which consist of
interexchange carriers, local exchange carriers, state-managed
entities, and non-profit organizations. The Commission estimates that
at least one TRS provider is a small entity. The FCC notes that these
providers include several large interexchange carriers and incumbent
local exchange carriers. Some of these large carriers may only provide
TRS service in a small area but they nevertheless are not small
business entities. MCI WorldCom, for example, provides TRS in only a
few states but is not a small business. Consequently, the FCC estimates
that at least one TRS provider is a small entity that may be affected
by our action.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
Reporting and Recordkeeping. This Second Report and Order involves
no new mandatory reporting requirements. These rules require a speed
dialing feature that may require TRS providers to maintain a list of
telephone numbers. The Second Report and Order adopts a rule to require
that TRS facilities provide speed dialing functionality on an
intrastate and interstate basis; however, it does not adopt specific
requirements for speed dialing functionality at this time.We anticipate
that TRS providers will develop customized speed dialing and expect
that consumers' needs will be addressed as this feature matures. The
Second Report and Order also establishes voluntary reporting
requirements associated with certain waivers available for certain TRS
providers. Consistent with the IP Relay Order on Reconsideration,
Telecommunications Relay Services and Speech-to-Speech Services for
Individuals with Hearing and Speech Disabilities, Declaratory Ruling
and Second Further Notice of Proposed Rule Making, FCC 02-121, 17 FCC
Rcd 7779, April 22, 2002; published at 67 FR 39863 and 67 FR 39929,
June 11, 2002 (IP Relay Declaratory Ruling and FNPRM), Order on
Reconsideration, FCC 03-46, 18 FCC Rcd 4761, March 14, 2003; published
at 68 FR 18825, April 16, 2003 (IP Relay Order on Reconsideration),
this Report and Order establishes waivers for TRS providers that
provide Internet Protocol (IP) Relay and video relay service (VRS). The
waivers set forth in the Second Report and Order are contingent on
annual reports filed with the Commission detailing the technological
changes in these areas, the progress made, and the steps taken to
resolve the technologically problems that prevent IP Relay and VRS
providers from offering these types of TRS calls. This requirement has
very little economic impact on the TRS providers because it merely
requires an annual submission of an annual report to the Commission and
the reports are voluntary because IP Relay and VRS are not mandatory
forms of TRS under our rules.
Other Compliance Requirements. The rules adopted in this Second
Report and Order require that all TRS providers provide several types
of TRS calls including: Two-line VCO and two-line HCO, HCO-to-TTY and
HCO-to-HCO, and VCO-to-TTY and VCO-to-VCO. The rules also require that
TRS facilities route emergency TRS calls to the designated PSAP to
which a direct voice call from a non-TRS number would be delivered.
Furthermore, the rules require that TRS facilities provide certain
technological features, including call release and three-way calling.
The Order on Reconsideration clarifies certain reporting requirements
for contact persons. These rules will affect TRS providers.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternative Considered
The RFA requires an agency to describe any significant alternatives
that it has considered in reaching its proposed approach, which may
include the following four alternatives (among others): (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities. 5 U.S.C. 603 (c)(1)-(c)(4). One of the main purposes of this
Second Report and Order is to clarify many of the current requirements
for TRS providers. The annual reports associated with the waivers for
IP Relay and VRS providers have been made to expire at the same time as
previous waivers so that TRS providers have one deadline instead of
multiple deadlines to which they must adhere if providing those non-
mandatory forms of TRS. Any
[[Page 50976]]
new requirements that are imposed are similar to services currently
being offered and therefore the Commission expects a minimal impact on
small business. Currently, most TRS providers are not small entities,
and are either interexchange carriers or local exchange carriers, with
very few exceptions. This Second Report and Order adopts rules that
will improve the effectiveness of TRS and ensure access to
telecommunications networks for persons with hearing and speech
disabilities while imposing the least necessary regulation.
Report to Congress
The Commission will send a copy of the Second Report and Order,
Order on Reconsideration including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act. See 5 U.S.C.
801(a)(1)(A). In addition, the Commission will send a copy of the
Report and Order including this FRFA, to the Chief of Counsel for
Advocacy of the Small Business Administration. A copy of the Report and
Order, Order on Reconsideration and FRFA (or summaries thereof) will
also be published in the Federal Register.
Ordering Clauses
Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 2, 4(i) and 4(j), 201-205, 218 and 225 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(j), 201-205, 218 and 225, this Second Report and Order, Order on
Reconsideration are adopted and Part 64 of Commission's rules is
amended as set forth in the rule changes.
It is further ordered that the amendments to Sec. Sec. 64.601
through 64.605 of the Commission's rules as set forth are adopted,
effective September 24, 2003 except Sec. Sec. 64.604 (a)(3) and
(c)(2), that contains information collection requirements under the
PRA, that are not effective until approved by OMB. The Commission will
publish a document in the Federal Register announcing the effective
date for that section.
It is further ordered that the Commission's Consumer & Governmental
Affairs Bureau, Reference Information Center, shall send a copy of this
Second Report Order, Order on Reconsideration, including the Final
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 64
Telecommunications, Individuals with disabilities, Reporting and
recordkeeping requirements.
Federal Communications Commission.
Marlene H. Dortch,
Secretary. ?
Rule Changes
0
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, 254(k); sections. 403(b)(2)(B), (c),
Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201,
218, 225, 226, 228, and 254(k) unless otherwise noted.
0
2. Section 64.601 is revised to read as follows:
Sec. 64.601 Definitions.
As used in this subpart, the following definitions apply:
(1) 711. The abbreviated dialing code for accessing all types of
relay services anywhere in the United States.
(2) American Sign Language (ASL). A visual language based on hand
shape, position, movement, and orientation of the hands in relation to
each other and the body.
(3) ASCII. An acronym for American Standard Code for Information
Interexchange which employs an eight bit code and can operate at any
standard transmission baud rate including 300, 1200, 2400, and higher.
(4) Baudot. A seven bit code, only five of which are information
bits. Baudot is used by some text telephones to communicate with each
other at a 45.5 baud rate.
(5) Call release. A TRS feature that allows the CA to sign-off or
be ``released'' from the telephone line after the CA has set up a
telephone call between the originating TTY caller and a called TTY
party, such as when a TTY user must go through a TRS facility to
contact another TTY user because the called TTY party can only be
reached through a voice-only interface, such as a switchboard.
(6) Common carrier or carrier. Any common carrier engaged in
interstate Communication by wire or radio as defined in section 3(h) of
the Communications Act of 1934, as amended (the Act), and any common
carrier engaged in intrastate communication by wire or radio,
notwithstanding sections 2(b) and 221(b) of the Act.
(7) Communications assistant (CA). A person who transliterates or
interprets conversation between two or more end users of TRS. CA
supersedes the term ``TDD operator.''
(8) Hearing carry over (HCO). A form of TRS where the person with
the speech disability is able to listen to the other end user and, in
reply, the CA speaks the text as typed by the person with the speech
disability. The CA does not type any conversation. Two-line HCO is an
HCO service that allows TRS users to use one telephone line for hearing
and the other for sending TTY messages. HCO-to-TTY allows a relay
conversation to take place between an HCO user and a TTY user. HCO-to-
HCO allows a relay conversation to take place between two HCO users.
(9) Non-English language relay service. A telecommunications relay
service that allows persons with hearing or speech disabilities who use
languages other than English to communicate with voice telephone users
in a shared language other than English, through a CA who is fluent in
that language.
(10) Qualified interpreter. An interpreter who is able to interpret
effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary.
(11) Public Safety Answering Point (PSAP). A facility that has been
designated to receive 911 calls and route them to emergency services
personnel as provided in 47 CFR 64.3000(c).
(12) Speech-to-speech relay service (STS). A telecommunications
relay service that allows individuals with speech disabilities to
communicate with voice telephone users through the use of specially
trained CAs who understand the speech patterns of persons with speech
disabilities and can repeat the words spoken by that person.
(13) Speed dialing. A TRS feature that allows a TRS user to place a
call using a stored number maintained by the TRS facility. In the
context of TRS, speed dialing allows a TRS user to give the CA a short-
hand'' name or number for the user's most frequently called telephone
numbers.
(14) Telecommunications relay services (TRS). Telephone
transmission services that provide the ability for an individual who
has a hearing or speech disability to engage in communication by wire
or radio with a hearing individual in a manner that is functionally
equivalent to the ability of an individual who does not have a hearing
or speech disability to communicate using voice communication services
by wire or radio. Such term includes services that enable two-way
communication between an individual who uses a text telephone or other
nonvoice terminal device and an individual who does not
[[Page 50977]]
use such a device, speech-to-speech services, video relay services and
non-English relay services. TRS supersedes the terms ``dual party relay
system,'' ``message relay services,'' and ``TDD Relay.''
(15) Text telephone (TTY). A machine that employs graphic
communication in the transmission of coded signals through a wire or
radio communication system. TTY supersedes the term ``TDD'' or
``telecommunications device for the deaf,'' and TT.
(16) Three-way calling feature. A TRS feature that allows more than
two parties to be on the telephone line at the same time with the CA.
(17) Video relay service (VRS). A telecommunications relay service
that allows people with hearing or speech disabilities who use sign
language to communicate with voice telephone users through video
equipment. The video link allows the CA to view and interpret the
party's signed conversation and relay the conversation back and forth
with a voice caller.
(18) Voice carry over (VCO). A form of TRS where the person with
the hearing disability is able to speak directly to the other end user.
The CA types the response back to the person with the hearing
disability. The CA does not voice the conversation. Two-line VCO is a
VCO service that allows TRS users to use one telephone line for voicing
and the other for receiving TTY messages. A VCO-to-TTY TRS call allows
a relay conversation to take place between a VCO user and a TTY user.
VCO-to-VCO allows a relay conversation to take place between two VCO
users.
0
3. Section 64.604 is amended by revising paragraphs (a)(1), (a)(3),
(b), (c)(2) and (c)(6)(v)(A)(1) to read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(a) Operational standards.--(1) Communications assistant (CA).
(i) TRS providers are responsible for requiring that all CAs be
sufficiently trained to effectively meet the specialized communications
needs of individuals with hearing and speech disabilities.
(ii) CAs must have competent skills in typing, grammar, spelling,
interpretation of typewritten ASL, and familiarity with hearing and
speech disability cultures, languages and etiquette. CAs must possess
clear and articulate voice communications.
(iii) CAs must provide a typing speed of a minimum of 60 words per
minute. Technological aids may be used to reach the required typing
speed. Providers must give oral-to-type tests of CA speed.
(iv) TRS providers are responsible for requiring that VRS CAs are
qualified interpreters. A ``qualified interpreter'' is able to
interpret effectively, accurately, and impartially, both receptively
and expressively, using any necessary specialized vocabulary.
(v) CAs answering and placing a TTY-based TRS or VRS call must stay
with the call for a minimum of ten minutes. CAs answering and placing
an STS call must stay with the call for a minimum of fifteen minutes.
(vi) TRS providers must make best efforts to accommodate a TRS
user's requested CA gender when a call is initiated and, if a transfer
occurs, at the time the call is transferred to another CA.
(vii) TRS shall transmit conversations between TTY and voice
callers in real time.
* * * * *
(3) Types of calls. (i) Consistent with the obligations of
telecommunications carrier operators, CAs are prohibited from refusing
single or sequential calls or limiting the length of calls utilizing
relay services.
(ii) Relay services shall be capable of handling any type of call
normally provided by telecommunications carriers unless the Commission
determines that it is not technologically feasible to do so. Relay
service providers have the burden of proving the infeasibility of
handling any type of call.
(iii) Relay service providers are permitted to decline to complete
a call because credit authorization is denied.
(iv) Relay services shall be capable of handling pay-per-call
calls.
(v) TRS providers are required to provide the following types of
TRS calls: (1) Text-to-voice and voice-to-text; (2) VCO, two-line VCO,
VCO-to-TTY, and VCO-to-VCO; (3) HCO, two-line HCO, HCO-to-TTY, HCO-to-
HCO.
(vi) TRS providers are required to provide the following features:
(1) Call releasefunctionality; (2) speed dialing functionality; and (3)
three-way calling functionality.
(vii) Voice mail and interactive menus. CAs must alert the TRS user
to the presence of a recorded message and interactive menu through a
hot key on the CA's terminal. The hot key will send text from the CA to
the consumer's TTY indicating that a recording or interactive menu has
been encountered. Relay providers shall electronically capture recorded
messages and retain them for the length of the call. Relay providers
may not impose any charges for additional calls, which must be made by
the relay user in order to complete calls involving recorded or
interactive messages.
(viii) TRS providers shall provide, as TRS features, answering
machine and voice mail retrieval.
(4) Handling of emergency calls. Providers must use a system for
incoming emergency calls that, at a minimum, automatically and
immediately transfers the caller to an appropriate Public Safety
Answering Point (PSAP). An appropriate PSAP is the designated PSAP to
which a direct call from the particular number would be delivered. In
addition, a CA must pass along the caller's telephone number to the
PSAP when a caller disconnects before being connected to emergency
services.
(5) STS called numbers. Relay providers must offer STS users the
option to maintain at the relay center a list of names and telephone
numbers which the STS user calls. When the STS user requests one of
these names, the CA must repeat the name and state the telephone number
to the STS user. This information must be transferred to any new STS
provider.
(b) Technical standards. (1) ASCII and Baudot. TRS shall be capable
of communicating with ASCII and Baudot format, at any speed generally
in use.
(2) Speed of answer. (i) TRS providers shall ensure adequate TRS
facility staffing to provide callers with efficient access under
projected calling volumes, so that the probability of a busy response
due to CA unavailability shall be functionally equivalent to what a
voice caller would experience in attempting to reach a party through
the voice telephone network.
(ii) TRS facilities shall, except during network failure, answer
85% of all calls within 10 seconds by any method which results in the
caller's call immediately being placed, not put in a queue or on hold.
The ten seconds begins at the time the call is delivered to the TRS
facility's network. A TRS facility shall ensure that adequate network
facilities shall be used in conjunction with TRS so that under
projected calling volume the probability of a busy response due to loop
trunk congestion shall be functionally equivalent to what a voice
caller would experience in attempting to reach a party through the
voice telephone network.
(A) The call is considered delivered when the TRS facility's
equipment accepts the call from the local exchange carrier (LEC) and
the public switched network actually delivers the call to the TRS
facility.
(B) Abandoned calls shall be included in the speed-of-answer
calculation.
(C) A TRS provider's compliance with this rule shall be measured on
a daily basis.
[[Page 50978]]
(D) The system shall be designed to a P.01 standard.
(E) A LEC shall provide the call attempt rates and the rates of
calls blocked between the LEC and the TRS facility to relay
administrators and TRS providers upon request.
(3) Equal access to interexchange carriers. TRS users shall have
access to their chosen interexchange carrier through the TRS, and to
all other operator services, to the same extent that such access is
provided to voice users.
(4) TRS facilities. (i) TRS shall operate every day, 24 hours a
day. Relay services that are not mandated by this Commission need not
to be provided every day, 24 hours a day.
(ii) TRS shall have redundancy features functionally equivalent to
the equipment in normal central offices, including uninterruptible
power for emergency use.
(5) Technology. No regulation set forth in this subpart is intended
to discourage or impair the development of improved technology that
fosters the availability of telecommunications to person with
disabilities. TRS facilities are permitted to use SS7 technology or any
other type of similar technology to enhance the functional equivalency
and quality of TRS. TRS facilities that utilize SS7 technology shall be
subject to the Calling Party Telephone Number rules set forth at 47 CFR
64.1600 et seq.
(6) Caller ID. When a TRS facility is able to transmit any calling
party identifying information to the public network, the TRS facility
must pass through, to the called party, at least one of the following:
the number of the TRS facility, 711, or the 10-digit number of the
calling party.
(c) * * *
(2) Contact persons. Beginning on June 30, 2000, State TRS
Programs, interstate TRS providers, and TRS providers that have state
contracts must submit to the Commission a contact person and/or office
for TRS consumer information and complaints about a certified State TRS
Program's provision of intrastate TRS, or, as appropriate, about the
TRS provider's service. This submission must include, at a minimum, the
following:
(i) The name and address of the office that receives complaints,
grievances, inquiries, and suggestions;
(ii) Voice and TTY telephone numbers, fax number, e-mail address,
and web address; and
(iii) The physical address to which correspondence should be sent.
* * * * *
(6) * * *
(v) * * *
(A) * * *
(1) Form. An informal complaint may be transmitted to the Consumer
& Governmental Affairs Bureau by any reasonable means, such as letter,
facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, or
some other method that would best accommodate a complainant's hearing
or speech disability.
* * * * *
[FR Doc. 03-21615 Filed 8-22-03; 8:45 am]
BILLING CODE 6712-01-P