[Federal Register: April 16, 2003 (Volume 68, Number 73)]
[Rules and Regulations]
[Page 18825-18827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap03-13]
[[Page 18825]]
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Part IV
Federal Communications Commission
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47 CFR Part 64
Provision of Telecommunications Relay Services and Speech-to-Speech
Services for Individuals With Hearing and Speech Disabilities and
Notice of Public Information Collection(s) Being R
[[Page 18826]]
eviewed by the Federal Communications Commission; Final Rule and Notice
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 98-67; FCC 03-46]
Provision of Improved Telecommunications Relay Services and
Speech-to-Speech Services for Individuals With Hearing and Speech
Disabilities
AGENCY: Federal Communications Commission.
ACTION: Waiver and clarification.
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SUMMARY: This document extends the previously granted one-year waivers
of the emergency call handling, voice carry over (VCO), and speech-to-
speech (STS) telecommunications relay services mandatory minimum
standards for five years for IP Relay providers. Additionally, this
document waives the ``900'' number services (a type of pay-per-call
service) and the hearing carry over (HCO) telecommunications relay
service (TRS) mandatory minimum standards for a five-year period for IP
Relay providers. All waivers are contingent on IP Relay providers
filing an annual report with the Commission detailing the technological
changes in these areas, the progress made, and the steps taken to
resolve the technical problems that prohibit IP Relay providers from
meeting the TRS mandatory minimum standards waived in this document.
These waivers of TRS mandatory minimum standards apply to all other
current and potential IP Relay providers.
DATES: Effective March 14, 2002.
FOR FURTHER INFORMATION CONTACT: Janet Sievert, of the Consumer &
Governmental Affairs Bureau at (202) 418-1362 (voice), (202) 418-1398
(TTY), or e-mail jsievert@fcc.gov. For additional information
concerning the information collection(s) contained in the Order on
Reconsideration, contact Leslie Smith at (202) 418-0217, or via the
Internet at Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
on Reconsideration, adopted March 4, 2003, and released March 14, 2003.
See 67 FR 39863, June 11, 2002. This Order on Reconsideration contains
a new information collection(s) subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104-13. It will be submitted to the Office of
Management and Budget (OMB) for review under Section 3507 of the PRA.
OMB, the general public, and other Federal agencies are invited to
comment on the new information collection(s) contained in this Order on
Reconsideration. 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 also 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 Order on Reconsideration can also be downloaded in Text and
ASCII formats at: http://www.fcc.gov/cgb/dro.
Synopsis
In this Order on Reconsideration, the Commission resolves two
petitions for reconsideration filed by WorldCom, Inc., and Sprint
Corporation. WorldCom requests that the Commission extend the emergency
call handling, VCO, and STS waivers from a one-year period to either a
five-year period or an indefinite time. Because a one-year period may
be too short of a time period for the necessary technological
advancements to make it feasible for IP Relay providers to offer
emergency call handling, VCO and STS, the Commission extended the one-
year waiver of these requirements to a five-year period. Sprint
requests that the Commission grant IP Relay providers waivers of the
900 number services and hearing carry over (HCO) TRS mandatory minimum
standards. Additionally, because it is technically infeasible for IP
Relay providers to offer 900 number services (47 CFR 64.604(a)(3)) and
one-line HCO (47 CFR 64.604(a)(5)), the Commission waived these TRS
mandatory minimum standards for a period of five years for IP Relay
providers. All waivers were granted contingent on IP Relay providers
filing an annual report with the Commission detailing the technological
changes in these areas, the progress made, and the steps taken to
resolve the technical problems that prohibit IP Relay providers from
meeting the TRS mandatory minimum standards waived. For administrative
convenience all wavers granted in this document expire on January 1,
2008.
Final Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980, as amended (RFA) requires
that a regulatory flexibility analysis be prepared for rulemaking
proceedings, unless the agency certifies that ``the rule will not have
a significant economic impact on a substantial number of small
entities. The RFA, see 5 U.S.C. 601 et. seq., has been amended by the
Contract with America Advancement Act of 1996, Public Law 104-121, 110
Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business
Regulatory Enforcement Act of 1996 (SBREFA). 5 U.S.C.605(b). The RFA
generally defines ``small entity'' as having the same meaning as the
terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction. 5 U.S.C. 601(b). 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'' in the Small
Business Act, 15 U.S.C. 632). Pursuant to 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 definitions(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 any additional criteria established by the
Small Business Administration. This item imposes a regulatory burden on
IP Relay providers , requiring them to file an annual report with the
Commission concerning the status of technology developed that will
allow IP Relay providers to meet the telecommunications relay services
mandatory minimum standards waived herein for IP Relay providers.
Currently only three entities are providing IP Relay: AT&T, Sprint, and
WorldCom. These are large entities. There is one entity, Hamilton
Relay, Inc., that is preparing to offer IP Relay service which may be a
small entity. The effect of this reporting requirement on any small
business will not be significant. Based on the small number of entities
providing IP Relay service, we conclude that this action will not cause
a significant impact on small business. Based on the above, we conclude
that our action will not affect a substantial
[[Page 18827]]
number of small businesses. Therefore, we certify that the requirements
of this Order on Reconsideration will not have a significant economic
impact on a substantial number of small entities. The Commission will
send a copy of the Order on Reconsideration including a copy of this
final certification, in a report to Congress pursuant to the
Congressional Review Act of 1996. See 5 U.S.C. 801(a)(1)(A). In
addition, the Order on Reconsideration and this certification will be
sent to the Chief Counsel for Advocacy of the Small Business
Administration, and will be published in the Federal Register. See 5
U.S.C. 605(b).
Paperwork Reduction Act
This Order on Reconsideration contains a new information
collection(s). The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general pubic to comment on the
information collection(s) contained in the Order on Reconsideration as
required by the Paperwork Reduction Act (``PRA'') of 1995, Public Law
104-13. Public and agency comments are due June 16, 2003. The
information collection(s) shall become effective following approval by
the Office of Management and Budget. The Federal Communications
Commission will publish a document in the Federal Register announcing
the effective date.
Ordering Clauses
Accordingly, It is ordered that, pursuant to the authority
contained in Sections 1.2 and 225 of the Communications Act of 1934, as
amended, 47 U.S.C.151, 152 and 225, this Order on Reconsideration is
adopted.
It is further ordered that WorldCom's Petition for Reconsideration
IS GRANTED to the extent indicated herein.
It is further ordered that Sprint's Petition for Limited
Reconsideration IS GRANTED to the extent indicated herein (granting
waivers of 47 CFR 64.604(a)(3) and 47 CFR 64.604(a)(5)).
It is further ordered that IP Relay providers subject to the
waivers granted shall submit annually a report, as indicated herein, to
the Commission twelve months after publication of this Order on
Reconsideration in the Federal Register.
It is further ordered that the late filed comments of
Telecommunications for the Deaf, Inc., and Self Help for Hard of
Hearing People are considered as part of the record in this proceeding.
It is further ordered that the Commission's Consumer & Governmental
Affairs Bureau, Reference Information Center, Shall send a copy of the
Order on Reconsideration, including the Final Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
It is further ordered that the information collection(s) contained
in the Order on Reconsideration Shall become effective following
approval by the Office of Management and Budget in the Federal Register
announcing the effective date for those sections.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 03-9253 Filed 4-15-03; 8:45 am]
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