[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Pages 21364-21366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10504]


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FEDERAL COMMUNICATIONS COMMISSION

[WC Docket No. 04-36, CG Docket No. 03-123, WT Docket No. 96-198 and CC 
Docket No. 92-105; DA 09-749]


IP-Enabled Services; Implementation of Sections 255 and 251(a)(2) 
of the Communications Act of 1934, as Enacted by the Telecommunications 
Act of 1996: Access to Telecommunications Service, Telecommunications 
Equipment and Customer Premises Equipment by Persons With Disabilities; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission, via the Consumer and 
Governmental Affairs Bureau, seeks comment on the petition for 
extension of waiver filed with the Commission by AT&T Inc. (AT&T) and 
Sprint Nextel Corporation (Sprint) (Petition). The Petition requested a 
one-year extension of the current waiver of the Commission's rules to 
the extent that provision requires traditional telecommunications relay 
service (TRS) providers (those providing relay service via the public 
switched telephone network and a text telephone (TTY)) to automatically 
and immediately call an appropriate Public Safety Answering Point 
(PSAP) when receiving an emergency 711-dialed call placed by an 
interconnected voice over Internet Protocol (VoIP) user. The Commission 
seeks comment on the remaining technical, operational, or other issues 
that currently prevent traditional TRS providers from being able to 
reliably identify the appropriate PSAP to call when receiving an 
emergency call via 711 and an interconnected VoIP service. The 
Commission also seeks comment regarding the usage of traditional TRS to 
place calls through interconnected VoIP service, particularly the 
incidence of such calls for purposes of obtaining emergency assistance.

DATES: Comments are due on or before May 28, 2009 and reply comments 
are due on or before June 8, 2009.

ADDRESSES: Interested parties may submit comments and reply comments 
identified by [WC Docket No. 04-36, CG Docket No. 03-123, WT Docket No. 
96-198 and CC Docket No. 92-105], by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Parties who choose to file by paper should also submit 
their comments on a compact disc. The compact discs 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 a submission should be on 
a compact disc formatted in an IBM compatible format using Word 2003 or 
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, the proceedings 
(including the docket numbers) in this case, [WC Docket No. 04-36, CG 
Docket No. 03-123, WT Docket No. 96-198, and CC Docket No. 92-105], 
type of pleading (comment or reply comment), date of submission, and 
the name of the electronic file on the compact disc. The label should 
also include the following phrase ``Disc Copy--Not an Original.'' Each 
compact disc should contain only one party's pleadings, preferably in a 
single electronic file. In addition, paper filers must send compact 
disc copies to the Commission's copy contractor, Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lisa Boehley, Consumer and 
Governmental Affairs Bureau at (202) 418-7395 (voice), or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to Sec. Sec.  1.415 and 1.419 of 
the Commission's rules, 47 CFR 1.415 and 1.419, interested parties may 
file comments and reply comments on or before the dates indicated on 
the first page of this document. Comments may be filed using: (1) The 
Commission's Electronic Comment Filing System (ECFS), (2) the Federal 
Government's eRulemaking Portal, or (3) by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, 
May 1, 1998.
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: 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, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number, which in this instance 
[WC Docket No. 04-36, CG Docket No. 03-123, WT Docket No. 96-198, and 
CC Docket No. 92-105]. Parties may also 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 your e-mail address.'' 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. If more than one 
docket or rulemaking number appears in the caption in this proceeding, 
filers must submit two additional copies of each additional docket or 
rulemaking number.
    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.

[[Page 21365]]

     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.

This is a synopsis of the Commission's document DA 09-749, released 
April 1, 2009. This document also contains a separate order granting in 
part the petition for extension of waiver filed by AT&T and Sprint and 
extending for 90 days (until June 29, 2009) the limited waiver granted 
to traditional TRS providers in the 2008 TRS 711 Waiver Order. Pursuant 
to Sec.  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.
    On June 15, 2007, the Commission released the Report and Order 
(VoIP TRS Order), published at 72 FR 43546, August 6, 2007, WC Docket 
No. 04-36, CG Docket No. 03-123, WT Docket No. 96-198 and CC Docket No. 
92-105, FCC 07-110. In the VoIP TRS Order, effective October 5, 2007, 
the Commission extended its pre-existing TRS rules to interconnected 
VoIP providers, including the duty to offer 711 abbreviated dialing 
access to TRS. The VoIP TRS Order required interconnected VoIP 
providers to offer 711 abbreviated dialing ``to ensure that TRS calls 
can be made from any telephone, anywhere in the United States, and that 
such calls will be properly routed to the appropriate relay center.'' 
In the Order and Public Notice Seeking Comment (October 2007 Order and 
Notice), released on October 9, 2007, published at 72 FR 61813, 
November 1, 2007, and 72 FR 61882, November 1, 2007, WC Docket No. 04-
36, CG Docket No. 03-123, WT Docket No. 96-198 and CC Docket No. 92-
105, DA 07-4178, the Commission clarified the 711 abbreviated dialing 
requirement adopted in the VoIP TRS Order and granted interconnected 
VoIP providers a six-month waiver of the requirement to route the 
inbound leg of a 711-dialed call to an ``appropriate TRS provider,'' as 
defined by the Commission. The Commission also determined that the 
geographic location identification challenges associated with 
interconnected VoIP-originated 711 calls rendered traditional TRS 
providers unable to consistently identify the ``appropriate'' PSAP to 
which to route such calls. On this basis, the Commission found good 
cause to grant traditional TRS providers a six-month waiver of the 
obligation set forth in Sec.  64.604(a)(4) of its rules to 
automatically and immediately route the outbound leg of an 
interconnected VoIP-originated emergency 711 call to an ``appropriate'' 
PSAP.
    In the Order (2008 TRS 711 Waiver Order), released on April 4, 
2008, published at 73 FR 28057, May 15, 2008, WC Docket No. 04-36, CG 
Docket No. 03-123, WT Docket No. 96-198 and CC Docket No. 92-105, DA 
07-4178, the Commission granted interconnected VoIP providers an 
extension of time, until March 31, 2009, to route 711-dialed calls to 
an appropriate relay center, in the context of 711-dialed calls in 
which the calling party is using a non-geographically relevant 
telephone number or a nomadic interconnected VoIP service. The 
Commission also granted traditional TRS providers an extension of time, 
until March 31, 2009, to fulfill their obligation to implement a system 
to automatically and immediately call an appropriate PSAP when 
receiving an emergency 711-dialed call via an interconnected VoIP 
service.
    On March 20, 2009, AT&T and Sprint filed a petition seeking a one-
year extension of the waiver of Sec.  64.604(a)(4) of the Commission's 
rules to the extent that provision requires traditional TRS providers 
to automatically and immediately route to an appropriate PSAP emergency 
711-dialed calls placed by interconnected VoIP users.
    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 
contractor at Portals II, 445 12th Street, SW, Room CY-B402, 
Washington, DC 20554. Customers may contact the Commission's contractor 
at their web site www.bcpiweb.com or by calling 1-800-378-3160. A copy 
of the underlying petition for waiver may also be found by searching 
ECFS at http://www.fcc.gov/cbg.ecfs. 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). This document can also be downloaded in Word or 
Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro/trs.html#orders.

Synopsis

    In this document, the Commission seeks comment on the remaining 
technical, operational, or other issues that currently prevent 
traditional TRS providers from being able to reliably identify the 
appropriate PSAP to call when receiving an emergency call via 711 and 
an interconnected VoIP service. In particular, comment is sought on the 
specific steps that remain to be taken in order for traditional TRS 
providers to be able to consistently route interconnected VoIP-
originated 711 emergency calls in the manner prescribed by Sec.  
64.604(a)(4) of the Commission's rules. The Commission also asks 
providers for an estimate of the costs and the timeframe associated 
with each of these steps. Further, the Commission seeks comment from 
interconnected VoIP providers and TRS providers regarding the total 
number of interconnected VoIP-originated 711 TRS calls that are 
processed annually by each provider (estimates, if actual figures are 
unavailable) and the proportion of those calls that are of an emergency 
nature.
    The Commission also seeks comment from interconnected VoIP 
providers and TRS providers, as well as from consumers and disability 
rights advocates, concerning the continuing use of TTYs by individuals 
with hearing or speech disabilities and, in particular, the use of TTYs 
with an interconnected VoIP service. The Commission seeks comment on 
the overall effectiveness of providers' outreach efforts in educating 
consumers about the importance of dialing 911 directly in an emergency, 
rather than dialing 711 to place an emergency call via TRS.
    Further, commenters are encouraged to comment on any impediments 
consumers have encountered in attempting to dial 911 directly in an 
emergency situation (when using a TTY and an interconnected VoIP 
service). Finally, the Commission seeks comment on the continuing need, 
from the consumer's perspective, of dialing 711 via TRS in an 
emergency, rather than dialing 911 directly.


[[Page 21366]]


Federal Communications Commission.
Catherine Seidel,
Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. E9-10504 Filed 5-6-09; 8:45 am]
BILLING CODE 6712-01-P