[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Proposed Rules]
[Pages 47120-47122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18616]
[[Page 47120]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 03-123 and 08-15; FCC 08-149]
Telecommunications Relay Services and Speech-to-Speech Services
for Individuals With Hearing and Speech Disabilities; Speech-to-Speech
and Internet Protocol (IP) Speech-to-Speech Telecommunications Relay
Services
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks comment on ways to
improve the provision of Speech-to-Speech (STS), including, for
example, whether to modify the minimum time period a Communications
Assistant (CA) should be required to stay on a call, and ways to
improve outreach associated with STS. The Commission also seeks comment
on the tentative conclusion that Internet Protocol STS (IP STS) is a
form of telecommunications relay service (TRS) eligible for
compensation from the Interstate TRS Fund and related issues relevant
to the provision, regulation, and compensation of IP STS. These issues
include the appropriate compensation rate for IP STS, and whether it
should be compensated at the same rate as STS.
DATES: Comments are due on or before September 12, 2008. Reply comments
are due on or before September 29, 2008.
ADDRESSES: Interested parties may submit comments identified by FCC 08-
149, by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the Commission's Electronic Comment
Filing System (ECFS), through the Commission's Web site: http://www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on
the Web site for submitting comments. For ECFS filers, in completing
the transmittal screen, filers should include their full name, U.S.
Postal service mailing address, and CG Docket Nos. 03-123 and 08-15.
Parties also may submit an electronic comment by Internet e-mail. To
get filing instructions, filers should send an e-mail to [email protected],
and include the following words in the body of the message, ``get form
.'' A sample form and directions will be sent in
response.
Paper filers: Parties who choose to file by paper must
file an original and four copies of each filing. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail (although the
Commission continues to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings 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 Mail 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, Express, and Priority
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.
Parties who choose to file by paper should also submit their
comments on compact disc. The compact disc should be submitted, along
with three paper copies, to: Dana Wilson, Consumer and Governmental
Affairs Bureau, Disability Rights Office, 445 12th Street, SW., Room 3-
C418, Washington, DC 20554. Such submission should be on a compact disc
formatted in an IBM compatible format using Word 2003 or a compatible
software. The compact disc should be accompanied by a cover letter and
should be submitted in ``read only'' mode. The compact disc should be
clearly labeled with the commenter's name, proceeding (CG Docket Nos.
03-123 and 08-15), type of pleading (comment or reply comment), date of
submission, and the name of the electronic file on the compact disc.
The label also should include the following phrase: ``CD-Rom Copy--Not
an Original.'' Each compact disc should contain only one party's
pleadings, preferably in a single electronic file. In addition,
commenters filing by paper must send a compact disc copy to the
Commission's duplicating contractor at Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and
Governmental Affairs Bureau, Disability Rights Office at (800) 311-4381
(voice) or e-mail at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Telecommunications Relay Services and Speech-to-Speech Services for
Individuals with Hearing and Speech Disabilities; Speech-to-Speech
Services and Internet Protocol (IP) Speech-to-Speech Telecommunications
Relay Service, Notice of Proposed Rulemaking (STS and IP STS NPRM),
document FCC 08-149, adopted June 11, 2008, and released June 24, 2008,
in CG Docket Nos. 03-123 and 08-15, seeking comment on matters
concerning the provision of STS and IP STS. The full text of FCC 08-149
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. FCC 08-149 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. FCC 08-149 can also be
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro/trs.html.
People with Disabilities: To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an e-mail to [email protected] or call the
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (TTY).
Initial Paperwork Reduction Act of 1995 Analysis
This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. In addition, therefore, it does not contain any proposed
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).
Synopsis
1. STS is a form of TRS that allows persons with speech
disabilities access to the telephone system by employing specially
trained CAs to understand the speech patterns of an STS user and to re-
voice the words spoken by the STS
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user to the other party of the call. Common carriers obligated to
provide TRS are required to also provide STS. IP STS is a proposed form
of TRS that functions similar to STS in which the STS user would
connect to the CA over the Internet instead of the Public Switched
Telephone Network (PSTN). The Commission seeks comments on issues
related to STS and IP STS.
2. STS Issues. The Commission's rules require that STS must be
accessible by dialing 711, the nationwide three-digit number for TRS.
Also, the Commission's rules require that each CA must remain on an STS
call session for a minimum of 15 minutes before transferring the call
to another CA because changing CAs can be particularly disruptive to
users with speech disabilities.
3. On June 26, 2006, Bob Segalman and Rebecca Ladew filed a
petition requesting that the Commission amend its rules to require an
STS CA to stay with the call for a minimum of 20 minutes rather than 15
minutes, and to require that the 20-minute period not commence until
``effective'' communication begins between the STS user and the CA. In
addition, the Commission received reports that some STS providers offer
the STS user the option to have his or her voice muted so that the
other party of the call only hears the CA re-voicing the call which is
the preferred option among some STS users. The Commission also received
reports from some STS users that they have been disconnected after
dialing 711 when the CA attempts to transfer the caller to an STS CA.
4. The Commission therefore seeks comment on: (1) Whether to extend
the 15-minute call duration rule to 20 minutes or another length of
time; (2) whether that time period should commence running when
``effective'' communication occurs between the STS CA and the STS user;
(3) how to determine when ``effective'' communication begins; and (4)
what alternative approaches or requirements the Commission should adopt
to ensure the efficiency of STS calls.
5. The Commission also seeks comment on whether the Commission
should require STS providers to offer the STS user the option to have
his or her voice muted. Further, the Commission seeks comments on the
scope of the problem concerning 711 dialing and on ways to ensure that
STS users dialing 711 can promptly reach an STS CA, including by using
prompts or interactive menus.
6. Internet Protocol Speech-to-Speech. On December 21, 2007, Hawk
Relay filed a request for clarification that IP STS is a form of TRS
eligible for compensable from the Interstate TRS Fund. Hawk Relay
describes IP STS as a type of STS that uses the Internet, rather than
the PSTN. Hawk Relay asserts that IP STS offers certain benefits over
traditional STS, including portability and ease of use, and that IP STS
will spur TRS competition and innovation. The request was placed on
Public Notice. Consumer and Governmental Affairs Seeks Comment on
Request for Clarification that Internet Protocol Speech-to-Speech
Service is a Form of Telecommunications Relay Service Compensable from
the Interstate TRS Fund, CG Docket No. 08-15, Public Notice, DA 08-292;
published at 73 FR 1649, April 7, 2008. Commenters in response to the
Public Notice support the request that the Commission recognize IP STS
as a form of TRS compensable from the Fund.
7. The Commission seeks comment on the following tentative
conclusions regarding the proposed IP STS service that: (1) IP STS is a
form of TRS because it is an extension of traditional STS which employs
an Internet connection between the STS user and the CA; (2) all IP STS
calls may be compensated from the Fund if provided in compliance with
the Commission's rules, and at the same rate as STS; and (3) a common
carrier desiring to provide IP STS may seek Commission certification in
order to be eligible for compensation from the Interstate TRS Fund.
8. The Commission also seeks comment on its tentative conclusions
that IP STS providers need not meet certain TRS requirements regarding:
(1) CA's competency skills in typing and spelling; (2) the handling of
calls in ASCII and Baudot formats; (3) call release functionality; (4)
Hearing Carry Over (HCO) and Voice Carry Over (VCO) services; (5) equal
access to interexchange carriers; (6) pay-per-call (900) service; (7)
speed dialing; and (8) outbound 711 dialing.
9. Finally, the Commission seeks comment on the emergency call
handling rules that should apply to IP STS. Relatedly, the Commission
asks whether IP STS users should be required to obtain a ten-digit
North American Numbering Plan (NANP) telephone number.
10. Outreach. In response to concerns that STS outreach efforts in
identifying and reaching out to potential STS users have not been
adequate because of low intrastate compensation rates, the Commission
seeks comment on: (1) Whether the Commission may require individual
states to increase intrastate STS rates; (2) what other steps the
Commission should take to ensure that all STS providers receive
sufficient compensation to engage in effective outreach to inform new
potential users; (3) what specific outreach efforts may extend the
reach of STS (and IP STS, if applicable) to new users; and (4) whether
the Commission should mandate such efforts. The Commission particularly
asks whether the Commission has the authority to require individual
states to increase the compensation rates paid for intrastate STS.
11. One Nationwide STS Provider. A commenter has suggested that it
might be appropriate to have a single, nationwide STS provider offer
both interstate and intrastate TRS services due to the low usage of
these services. The Commission seeks comment on this suggestion and
whether the Commission has the authority to mandate such an approach
given that Section 225 of the Communications Act, places the obligation
on states to oversee the provision of intrastate TRS.
Initial Regulatory Flexibility Certification
12. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that an initial regulatory flexibility analysis be prepared
for notice-and-comment rulemaking proceedings, unless the agency
certifies that ``the rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities.'' The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' In addition, the term ``small business''
has the same meaning as the term ``small business concern'' under the
Small Business Act. A ``small business concern'' is one that: (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 (SBA).
13. In the STS and IP STS NPRM, the Commission seeks comment on
issues concerning the provision of STS and IP STS. The Commission
proposes requiring an STS CA to stay with the call for a minimum of 20
minutes, rather that the present minimum of 15 minutes, in order to
ensure the effective and efficient relaying of STS calls.
14. The Commission also proposes amending its TRS rules to require
that STS providers offer the STS user the option of having her or his
voice muted so that the other party to the call would only hear the STS
CA re-voicing the call, not the voice of the STS user as well. In the
STS and IP STS NPRM, the
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Commission proposes that the STS provider should be required to utilize
an interactive menu that provides an option for reaching an STS CA in
order to ensure that STS users calling 711 will promptly reach an STS
CA to handle their calls. For instance, after an STS caller dials 711
and reaches the provider, the caller would reach an STS CA by pressing
one additional number on the telephone. Finally, the Commission invites
comment on its tentative conclusion that IP STS is a form of TRS
eligible for compensation from the Interstate TRS Fund.
15. The Commission concludes that these proposed changes may be
necessary to improve the effectiveness and quality of STS and IP STS
services so that users may receive a functionally equivalent telephone
service, as mandated by Title IV of the Americans With Disabilities
Act.
16. The Commission believes that none of these proposed changes
would impose a significant burden on providers, including small
businesses. However, if the proposed changes may result in additional
financial burden on the part of the affected providers, including small
entities, the providers will be promptly reimbursed from the Interstate
TRS Fund for the costs of complying with the proposed rules, if
adopted. Entities, especially small businesses, are encouraged to
quantify the costs and benefits of any reporting requirement that may
be established in this proceeding.
17. The modifications the Commission proposes consist of policies
aimed at achieving a functionally equivalent telephone service for TRS
users and are not expected to have a substantial economic impact upon
providers, including small businesses, because each small business will
receive financial compensation for reasonable costs incurred rather
than absorb an uncompensated financial loss or hardship.
18. With regard to whether a substantial number of small entities
may be affected by the requirements proposed in the STS and IP STS
NPRM, the Commission notes that, of the 7 providers affected by the STS
and IP STS NPRM, only one meets the definition of a small entity. The
SBA has developed a small business size standard for Wired
Telecommunications Carriers, which consists of all such firms having
1,500 or fewer employees. Seven providers currently receive
compensation from the Interstate TRS Fund for providing STS: AT&T
Corp.; GoAmerica, Inc.; Hamilton Relay, Inc.; Nordia Inc.; Kansas Relay
Service, Inc.; State of Michigan and Sprint. Because only one of the
providers would be affected by the STS and IP STS NPRM, if adopted, is
deemed to be small entities under the SBA's small business size
standard, the Commission concludes that the number of small entities
potentially affected by the Commission's proposed rules in the STS and
IP STS NPRM is not substantial.
19. Moreover, given that all providers potentially affected by the
proposed rules, including the one that is deemed to be a small entity
under the SBA's standard, would be entitled to receive prompt
reimbursement for its reasonable costs of compliance, the Commission
concludes that the STS and IP STS NPRM, if adopted, will not have a
significant economic impact on small entities.
20. Therefore, the Commission certifies that the proposals in the
STS and IP STS NPRM, if adopted, will not have a significant economic
impact on a substantial number of small entities.
Ordering Clauses
Pursuant to sections 1, 4(i) and (o), 225, 255, 303(r), 403,
624(g), and 706 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 154(i) and (o), 225, 255, 303(r), 403, 554(g), and 606, the
Notice of Proposed Rulemaking is adopted.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of the Notice of
Proposed Rulemaking, including the Initial Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.
Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. E8-18616 Filed 8-12-08; 8:45 am]
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