[Federal Register: August 23, 2006 (Volume 71, Number 163)]
[Rules and Regulations]
[Page 49380-49381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au06-21]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 03-123; DA 06-1627]
Telecommunications Relay Services and Speech-to-Speech Services
for Individuals With Hearing and Speech Disabilities
AGENCY: Federal Communications Commission.
ACTION: Clarification.
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SUMMARY: In this document, the Commission clarifies waivers of certain
telecommunications relay services (TRS) mandatory minimum standards for
captioned telephone relay service, a form of TRS, which were set forth
in a clarification and waiver document. The clarification and waiver
document waived the following mandatory minimum standards for the
provision of captioned telephone service: communications assistants
(CAs) must be competent in interpreting typewritten American Sign
Language (ASL); TRS providers must give CAs oral-to-type tests; and CAs
may not refuse sequential calls. The Commission clarifies that these
requirement do not apply to captioned telephone services that use voice
recognition technologies (instead of typing) to convey messages, and
that do not have the CA play a role in setting up the calls.
DATES: Effective August 14, 2006.
FOR FURTHER INFORMATION CONTACT: Thomas Chandler, Consumer &
Governmental Affairs Bureau, Disability Rights Office at (202) 418-1475
(voice), (202) 418-0597 (TTY), or e-mail at Thomas.Chandler@fcc.gov.
SUPPLEMENTARY INFORMATION: This document does not contain new or
modified information collection requirements subject to the PRA of
1995, Public Law 104-13. In addition, it does not contain any new or
modified ``information collection burden for small business concerns
with fewer than 25 employees,'' pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506
(c)(4). This is a summary of the Commission's document DA 06-1627,
Telecommunications Relay Services and Speech-to-Speech Services for
Individuals with Hearing and Speech Disabilities, Order, CG Docket No.
03-123, adopted August 14, 2006, released August 14, 2006 clarifying
waivers of certain TRS mandatory minimum standards for caption
telephone relay service waived in the clarification and waiver document
published at 68 FR 55898, September 29, 2003. The full text of document
DA 06-1627 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. Document
DA 06-1627 and copies of subsequently filed documents in this matter
may also be purchased from the Commission's duplicating contractor at
Portals II, 445 12th Street, SW., Room CY--B402, Washington, DC 20554.
Customers may contact the Commission's duplicating contractor at its
Web site http://www.bcpiweb.com or by calling 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). Document DA 06-1627 can
also be downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro
.
Synopsis
Background
On September 29, 2003, the Commission published a clarification and
waiver document that recognized captioned telephone service as a form
of TRS compensable from the Interstate TRS Fund. As a general matter,
captioned telephone service uses a special telephone that has a text
display. It permits the user--typically someone who has the ability to
speak and some residual hearing--to speak directly to the other party
to the call, and in return to both listen to what is said over the
telephone and simultaneously read captions of what the other person is
saying. A CA using specially developed voice recognition technology
generates the captions. As a result, there is no typing by the
captioned telephone user at any time during the call, and the CA types
only in rare instances when, e.g., words or proper names are used that
the computer does not recognize. Further, as presently offered, to use
this service the consumer directly dials the number he or she wishes to
call, not the number of a relay provider, and is automatically
connected to the captioned telephone CA at the TRS facility. The
Commission concluded that some TRS mandatory minimum standards did not
apply to the provision of this service and waived other requirements
for limited periods of time.
On June 28, 2006, captioned telephone providers filed their annual
report addressing the three outstanding waivers applicable to this
service--CA competence in interpreting typewritten ASL, use of oral-to-
type tests, and handling sequential calls (as applied to
[[Page 49381]]
outbound calls). Ultratec, Inc., Sprint-Nextel, Hamilton Relay, Inc.,
Third Annual Report on Captioned Telephone Service and Petition to Make
Captioned Telephone Waivers Permanent, CG Docket No. 03-123 (June 28,
2006) (Captioned Telephone Waiver Petition). The rule requiring CAs to
be competent in interpreting typewritten ASL is intended to ensure that
CAs can accurately understand and interpret the message the TRS user
has typed when the user uses the syntax, grammar, and language unique
to ASL. The oral-to-type test is intended to ensure that a CA can meet
the 60 words per minute typing speed required by the rules. The rule
requiring the handling of sequential calls is intended to ensure that a
CA does not disconnect the TRS user after a call if the user desires to
make additional calls. See 47 CFR 64.604(a)(1) and (3) of the
Commission's rules. The report noted that these waivers expire August
1, 2006, and included a request that the Commission either make these
waivers permanent for captioned telephone service provided with the aid
of voice recognition technology, or clarify that the ``standards for
which these waivers have been granted do not apply to captioned
telephone relay services that use voice recognition technologies to
convey messages.'' Captioned Telephone Waiver Petition at 2.
Discussion
The Commission clarifies that these three requirements do not apply
to captioned telephone services where the user does not type the
outbound message, the CA generates text for the user principally using
voice recognition technologies (instead of typing), and the
communications assistant does not play a role in setting up a call.
First, the Commission recognizes that if a captioned telephone user
does not type in making a call, there is never the opportunity for the
CA to have to interpret typewritten ASL. Similarly, the Commission
recognizes that oral-to-type tests are not relevant to captioned
telephone service involving voice recognition technologies, and
therefore that oral-to-text tests may appropriately be used as a
substitute to assess the proficiency of captioned telephone CAs.
Finally, the Commission recognizes that if the captioned telephone user
initiates a call by directly dialing the called party, so that the CA
does not play a role in setting up the call, the sequential call rule
has no application. To the extent these mandatory minimum standards do
not apply to the provision of captioned telephone service, as clarified
herein, providers need not file annual reports addressing these
requirements.
Congressional Review Act
The Commission will not send a copy of the Order pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), because the
adopted rules are rules of particular applicability.
Ordering Clauses
Accordingly, It is ordered that, pursuant to the authority
contained in section 225 of the Communications Act of 1934, as amended,
47 U.S.C. 225, and Sec. Sec. 0.141 and 0.361 of the Commission's
rules, 47 CFR 0.141 and 0.361, the Order is hereby adopted.
Federal Communications Commission.
Monica S. Desai,
Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. E6-13987 Filed 8-22-06; 8:45 am]
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