[Federal Register: March 7, 2005 (Volume 70, Number 43)]
[Proposed Rules]
[Page 10930-10931]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr05-21]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 98-67, CG Docket No. 03-123; DA 05-339]
Federal Communications Commission Seeks Additional Comment on the
Speed of Answer Requirement for Video Relay Service (VRS)
AGENCY: Federal Communications Commission.
ACTION: Proposed rule; comments requested.
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SUMMARY: This document seeks public comment on a speed of answer
requirement for the provision of Video Relay Service (VRS). The speed
of answer requirement is currently waived as a mandatory minimum
standard for VRS. The Federal Communications Commission (Commission)
has reviewed the comments provided in response to the Further Notice of
Proposed Rulemaking (FNPRM) contained in the 2004 TRS Report and Order,
and found that they lack specificity on certain elements of a speed of
answer rule. In this document, the Commission is seeking additional
comment on whether a speed of answer rule should be adopted for VRS
and, if so, what the rule should be.
DATES: Interested parties may file comments in this proceeding on or
before February 25, 2005. Reply comments may be filed on or before
March 4, 2005.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Dana Jackson, Consumer & Governmental
Affairs Bureau, Disability Rights Office at (202) 418-2247 (voice),
(202) 418-7898 (TTY), or e-mail at Dana.Jackson@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document DA 05-339, released February 8, 2005. When filing comments,
please reference CC Docket No. 98-67 and CG Docket No. 03-123. Comments
may be filed using the Commission's Electronic Comment Filing System
(ECFS) or by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121, May 1, 1998. Comments filed
through the ECFS can be sent as an electronic file via the Internet to
http://www.fcc.gov/e-file/ecfs.html. Generally, only one copy of an
electronic submission must be filed. If multiple docket or rulemaking
numbers appear in the caption of this proceeding, however, commenters
must transmit one electronic copy of the comment and reply comment to
each docket or rulemaking number referenced in the caption. In
completing the transmittal screen, commenters should include their full
name, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit electronic comments and
reply comments by Internet e-mail. To get filing instructions,
commenters should send an e-mail to ecfs@fcc.gov, and should include
the following words in the body of the message, ``get form < your e-mail
address>.'' A sample form and directions will be sent in reply. Parties
who choose to file by paper must file an original and four copies of
each filing. If more than one docket or rulemaking number appears in
the caption of this proceeding, commenters must submit two additional
copies for each additional docket or rulemaking number. Filings can be
sent by hand or messenger delivery, by electronic media, by commercial
overnight courier, or by first-class or overnight U.S. Postal Services
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). The Commission's contractor, Natek, Inc., will
receive hand-delivered or messenger-delivered paper filings or
electronic media for the Commission's Secretary at 236 Massachusetts
Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this
location are 8 a.m. to 7 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building. Commercial and electronic media sent by
overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail,
and Priority Mail should be addressed to 445 12th Street, SW.,
Washington, DC 20554. All filings must be addressed to the Commission's
Secretary, Marlene H. Dortch, Office of the Secretary, Federal
Communications Commission, 445 12th Street, SW., Room TW-B204
Washington, DC 20554. Parties who choose to file by paper should also
submit their comment and reply comments on diskette. These diskettes
should be submitted, along with three paper copies, to: Dana Jackson,
Consumer & Governmental Affairs Bureau, Disability Rights Office, 445
12th Street, SW., Room CY-C417, Washington, DC 20554. Such a submission
should be on a 3.5 inch diskette formatted in an IBM compatible format
using Word 97 or compatible software. The diskette should be
accompanied by a cover letter and should be submitted in ``read only''
mode. The diskette should be clearly labeled with the commenter's name,
proceeding (including the lead docket number in this case, CC Docket No
98-67 and CG Docket No. 03-123, type of pleading (comment and reply
comment), date of submission, and the name of the electronic file on
the diskette. The label should also include the following phrase ``Disk
Copy--Not an Original.'' Each diskette should contain only one party's
pleadings, preferably in a single electronic file. In addition,
commenters must send diskette copies to the Commission's copy
contractor, Best Copy and Printing (BCPI), Inc., Portals II, 445 12th
Street, SW., Room CY-B402, Washington, DC 20554. Pursuant to section
1.1206 of the Commission's rules, 47 CFR 1.1206, this proceeding will
be conducted as a permit-but-disclose proceeding in which ex parte
communications are subject to disclosure. The full text of this
document and 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. This document and
copies of subsequently filed documents in this matter may also be
purchased from the Commission's duplicating contract, BCPI, Inc.,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554.
Customers may contact BCPI, Inc. at their Web site http://www.bcpiweb.com
or call 1-800-378-3160. 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) 418-0530
(voice), (202) 418-0432 (TTY). This public notice can also be
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro
.
Synopsis
On June 30, 2004, the Federal Communications Commission
(Commission) released the 2004 TRS Report & Order, which contained a
Further Notice of Proposed Rulemaking (FNPRM) seeking comment on, among
other things, a speed of answer
[[Page 10931]]
requirement for the provision of Video Relay Service (VRS). See
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
(2004 TRS Report & Order), CC Dockets 90-571 and 98-67 and CG Docket
03-123, FCC 04-137; published at 69 FR 53346 and 69 FR 53382, September
1, 2004. VRS is a form of telecommunications relay service (TRS) that
allows persons with hearing and speech disabilities to communicate with
the TRS communications assistants (CA) in video through sign language,
rather than typed text. The term telecommunications relay service means
``telephone transmission services that provide the ability for an
individual who has a hearing or speech disability to engage in
communications 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.'' 47 U.S.C. 225 (a)(3); see
generally 2004 TRS Report & Order at paragraph 3 n.18. The Commission
reviewed comments provided in response to the FNPRM, and found that
they lacked specificity on certain elements of a speed of answer rule.
Therefore, the Commission is seeking additional comment on whether a
speed of answer rule should be adopted for VRS, and the following
specific points:
(1) What should the speed of answer time be for VRS calls? What
percentage of VRS calls should be required to be answered within that
period of time?
(2) When should a particular speed of answer rule be effective?
Should VRS speed of answer standards be phased in over time? If so, how
should the standards be phased in (i.e., what standards should apply at
what points in time)?
(3) What should be the starting and ending points for measuring
speed of answer? We note, for example, that in the IP Declaratory
Ruling, we stated that for IP Relay ``we will consider the call
delivered to the IP Relay center when the IP Relay center's equipment
accepts the call from the Internet.'' See Improved Telecommunications
Relay Services and Speech-to-Speech Services for Individuals with
Hearing and Speech Disabilities, Declaratory Ruling and Second Further
Notice of Proposed Rulemaking (IP Declaratory Ruling), CC Docket 98-67,
FCC 02-121; published at 67 FR 39863 and 67 FR 39929, June 11, 2002.
The Commission seeks comment on how we should articulate the starting
period from which speed of answer can be measured for each call so that
all providers are measuring speed of answer in the same manner.
(4) How should ``abandoned'' calls be treated in determining a
provider's compliance with a speed of answer standard? The Commission
notes that the TRS regulations presently require that abandoned calls
be included in the speed of answer calculation. See 47 CFR 64.604
(b)(2)(ii)(B); see also 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), CC Docket 98-67, FCC 00-56; published
at 65 FR 38432 and 65 FR 38490, June 21, 2000 (addressing abandoned
calls and explaining that such calls are those calls answered by a
relay center, but never handled by a CA because the customer hangs up).
Should the same rule apply to VRS and abandoned calls? If not, what
other rule should apply to the treatment of abandoned calls?
(5) How should ``call backs''--i.e., calls where the consumer
elects to have the provider call the consumer back when a VRS CA
becomes available to place the call, rather than have the consumer wait
for the next available CA--be treated in the speed of answer
calculation? See Federal Communications Commission Clarifies that
Certain Telecommunications Relay Services (TRS) Marketing and Call
Handling Practices are Improper and Reminds that Video Relay Service
(VRS) May not be Used as a Video Remote Interpreting Service, Public
Notice, CC Docket No. 98-67, CG Docket No. 03-123; DA 05-141 at 4 &
n.16 (January 26, 2005) (addressing certain kinds of ``call back''
arrangements). Should, for example, such ``call backs'' be treated as
abandoned calls? Should such ``call backs'' be prohibited once a speed
of answer rule is adopted for VRS?
(6) Should a provider's compliance with a speed of answer rule be
measured on a daily or monthly basis? (The current speed of answer rule
applicable to the other forms of TRS provides that compliance with the
speed of answer rule shall be measured on a daily basis.) See 47 CFR
64.604 (b)(2)(ii)(C). Or should it be measured on some other basis?
(7) In connection with the adoption of a speed of answer
requirement for VRS, should providers be required to submit reports to
the Commission detailing call data reflecting their compliance with the
speed of answer rule, and if so, how frequently should such reports be
filed (e.g., monthly, quarterly or semi-annually)?
We also seek comment on any other issues relating to the possible
adoption of a speed of answer rule for VRS.
Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 05-4347 Filed 3-4-05; 8:45 am]
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