[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Proposed Rules]
[Pages 51735-51741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20615]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 10-51; FCC 10-88]
Structure and Practices of the Video Relay Service Program
AGENCY: Federal Communications Commission.
[[Page 51736]]
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks comment on ways to
amend its rules to detect and prevent fraud and misuse in the provision
of Video Relay Service (VRS). Because the VRS program has been subject
to fraud and abuse, the Commission proposes these changes in order to
deter the billing of illegitimate minutes to the Interstate
Telecommunications Relay Service (TRS) Fund (Fund).
DATES: For issues regarding Location of VRS Call Centers, VRS
Communications Assistants (CAs) Working from Home and Compensation, and
Whistleblower Protections for VRS CAs and Other Provider Employees,
comments are due on or before September 7, 2010, and reply comments due
on or before September 16, 2010. For all other issues, comments are due
on or before September 13, 2010, reply comments due on or before
September 27, 2010. Written comments on the proposed information
collection requirements, subject to the Paperwork Reduction Act of
1995, Public Law 104-13 (PRA), should be submitted on or before October
22, 2010.
ADDRESSES: You may submit comments, identified by [CG Docket No. 10-51
and/or FCC 10-88], 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) http://fjallfoss.fcc.gov/ecfs2/ 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 the
applicable docket or rulemaking number, which in this instance is CG
Docket No. 10-51.
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. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St., SW., Room TW-A325, Washington, DC 20554. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. The filing
hours are 8 a.m. to 7 p.m.
Commercial 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 must be addressed to 445 12th Street, SW.,
Washington, DC 20554.
In addition, parties must serve one copy of each pleading with the
Commission's duplicating contractor, Best Copy and Printing, Inc., 445
12th Street, SW., Room CY-B402, Washington, DC 20554, or via e-mail to
[email protected].
In addition, document FCC 10-88 contains proposed information
collection requirements subject to the PRA. 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 proposed information collection requirements
contained in this document. PRA comments should be submitted to Cathy
Williams, Federal Communications Commission via email at [email protected]
and [email protected], and to Nicholas A. Fraser, Office of
Management and Budget, via fax at (202) 395-5167, or via email to
[email protected].
FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and
Governmental Affairs Bureau, Disability Rights Office at (202) 559-5158
(voice and videophone), (202) 418-0431 (TTY), or e-mail at
[email protected]. For additional information concerning the PRA
information collection requirements contained in this document, contact
Cathy Williams at (202) 418-2918, or via the Internet at
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Structure and Practices of the Video Relay Service Program, Notice of
Proposed Rulemaking (2010 VRS Reform NPRM), document FCC 10-88, adopted
on May 24, 2010, and released on May 27, 2010, in CG Docket No. 10-51.
In conjunction with the 2010 VRS Reform NPRM in FCC 10-88, the
Commission also issued a Declaratory Ruling and Order in CG Docket No.
10-51, published at 75 FR 39859, July 13, 2010 and 75 FR 39945, July
13, 2010.
The full text of document FCC 10-88 and copies of any subsequently
filed documents in this matter will be available for public inspection
and copying via ECFS, and during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. They may also be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
telephone: (800) 378-3160, fax: (202) 488-5563, or Internet: http://www.bcpiweb.com. Document FCC 10-88 can also be downloaded in Word or
Portable Document Format (PDF) at http://www.fcc.gov/cgb/dro/trs.html#orders. Pursuant to 47 CFR 1.415 and 1.419, interested parties
may file comments and reply comments on or before the dates indicated
in the DATES section of this document. Comments and reply comments must
include a short and concise summary of the substantive discussion and
questions raised in the 2010 VRS Reform NPRM. The Commission further
directs all interested parties to include the name of the filing party
and the date of the filing on each page of their comments and reply
comments. The Commission strongly encourages that parties track the
organization set forth in this 2010 VRS Reform NPRM in order to
facilitate its internal review process. Comments and reply comments
must otherwise comply with 47 CFR 1.48 and all other applicable
sections of the Commission's rules.
Pursuant to 47 CFR 1.1200 et seq., this matter shall be treated as
a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules. Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentations must contain
summaries of the substance of the presentation and not merely a listing
of the subjects discussed. More than a one or two sentence description
of the views and arguments presented is generally required. Other rules
pertaining to oral and written presentations are set forth in 47 CFR
1.1206(b).
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) or
(202) 418-0432 (TTY).
[[Page 51737]]
Initial Paperwork Reduction Act of 1995 Analysis
The Commission, as part of its continuing effort to reduce
paperwork burdens, invites the general public and OMB to comment on the
proposed information collection requirements contained in this
document, as required by the PRA. Public and agency comments are due
October 22, 2010. Comments should address: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
burden estimates; (c) ways to enhance the quality, utility, and clarity
of the information collected; and (d) ways to minimize the burden of
the collection of information on the respondents, including the use of
automated collection techniques or other forms of information
technology. In addition, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the
Commission seeks specific comment on how it may ``further reduce the
information collection burden for small business concerns with fewer
than 25 employees.''
OMB Control Number: 3060-xxxx.
Title: Structure and Practices of the Video Relay Service Program,
CG Docket No. 10-51.
Form No.: N/A.
Type of Review: New Collection.
Respondents: Business and other for-profit entities.
Number of Respondents: 13.
Number of Responses: 1,353.
Estimated Time per Response: 1 minute (.017 hours) to 40 hours.
Frequency of Response: One-time, monthly, quarterly, annual, and on
occasion reporting requirements; Recordkeeping requirement; Third party
disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for these proposed information collections is found
at section 225 of the Act, 47 U.S.C. 225. The law was enacted on July
26, 1990, as Title IV of the ADA, Public Law 101-336, 104 Stat. 327,
366-69.
Total Annual Hourly Burden: 19,677 hours.
Total Annual Costs: $32,500.
Nature and Extent of Confidentiality: Much of the data that
providers would have to submit pursuant to (A)-(C) in the Needs and
Uses section, below, would fall under 47 CFR 64.604(c)(5)(iii)(I),
pursuant to which the Fund administrator keeps all data obtained from
contributors and TRS providers confidential and does not disclose such
data in company-specific form unless directed to do so by the
Commission.
Privacy Act Impact Assessment: No impacts.
Needs and Uses: In the 2010 VRS Reform NPRM, the Commission seeks
comment on ways to amend its rules to detect and prevent fraud and
misuse in the provision of VRS. The 2010 VRS Reform NPRM contains
potential information collection requirements with respect to the
following six of its proposals, all of which could further the aims of
the 2010 VRS Reform NPRM. Though the 2010 VRS Reform NPRM emphasizes
VRS, many of the proposals would also apply to other or all forms of
TRS.
(A) Whether TRS providers should be required to automatically
capture the conversation time, to the nearest second, for each call
submitted for payment from the Fund.
(B) Whether the TRS rules should be amended to specifically require
that relay providers submit specified call data information in order to
be eligible for compensation from the Fund; and whether they should be
amended to require that the data be submitted electronically and in a
standardized format, and, if so, what the standardized format should
be.
(C) Whether the Commission should require VRS providers eligible
for compensation from the Fund that submit minutes for payment to file
with the Commission and Fund administration on a quarterly basis a
statement detailing the name and address of each call center the
provider owns or controls (this would include subcontractors operating
call centers and entities operating call centers for a subcontractor),
the number of CAs and CA managers at the call center, and the name and
contact information for the managers of the call center; and whether
the Commission should require VRS providers to file an amendment to
their most recent quarterly filing each time they open a new call
center, close a call center, or the ownership or management of a call
center changes, or changes to the list of providers whose calls are
processed through the call center within 30 days of such an event.
(D) Whether all VRS providers should be required to make available
their cost and demand data to the public.
(E) Whether Internet-based TRS providers should be required to
retain their call detail records, other records that support their
claims for payment from the Fund, and those records used to
substantiate the costs and expense data submitted in the annual relay
service data request form, for five years.
(F) Whether the CEO, CFO, or other senior executive of a relay
service provider should be required to certify, under penalty of
perjury, that: (1) Minutes submitted to the Fund administrator for
compensation were handled in compliance with 47 U.S.C. 225 and the
Commission's rules and orders, and are not the result of impermissible
financial incentives, or payments or kickbacks, to generate calls, and
(2) cost and demand data submitted to the Fund administrator related to
the determination of compensation rates or methodologies are true and
correct.
Synopsis
In the 2010 VRS Reform NPRM, the Commission seeks comment on a
range of issues affecting the provision of VRS and ways to detect and
prevent fraud and misuse. The Commission's goal is to ensure that VRS
continues to thrive as a highly functionally equivalent form of TRS,
that it remains readily available to consumers (deaf and hearing
alike), and that it continues to offer consumers high quality service.
To reach this goal, however, the Commission must also ensure the
integrity of the program. To that end, the Commission must make sure
that its service and compensation rules do not result in or perpetuate
unjustifiable payments to providers at American ratepayers' expense,
the provision and billing of illegitimate calls, and the provision of
service by unqualified providers or that is not in compliance with the
service rules.
Location of VRS Call Centers
1. The Commission recognizes that some providers have established
VRS call centers that are located outside the United States where ASL
is generally not the primary form of sign language. The Commission is
also concerned that VRS call centers outside the United States may lack
appropriate supervision and otherwise not operate in compliance with
the Commission's rules, and that these call centers may be (or have
been) a source of fraud and or otherwise may not be handling legitimate
VRS calls. The Commission therefore tentatively concludes that it will
amend its rules to require that all VRS call centers be located in the
United States, and seeks comment on this tentative conclusion.
VRS CAs Working From Home and Compensation
2. The Commission recognizes that some VRS CAs work from home, and
that there are benefits that come with the flexibility of these
arrangements.
[[Page 51738]]
This practice, however, raises concerns about whether the
confidentiality of calls can be guaranteed and whether VRS CAs working
from home can meet other mandatory minimum standards applicable to the
provision of relay, such as the ability to handle emergency calls in
accordance with the Commission's rules. The Commission seeks comment on
how it can balance the goals of allowing CAs the convenience and
flexibility that comes with working from home with the need to ensure
the confidentiality of calls and that the Commission's mandatory
minimum standards are met. The Commission also seeks comment on
whether, if CAs may work from home, providers should be required to
treat the homes of CAs who work from home as ``call centers'' for
purposes of TRS administration.
3. The Commission also understands that some CAs have in the past
been paid bonuses for working through scheduled breaks or working
overtime in order to relay more minutes which may have resulted in
schemes by CAs to initiate or participate in fraudulent VRS calls in
order to receive such bonuses while still receiving necessary breaks.
While the Commission believes the vast majority of CAs do not engage in
this type of minute-pumping, the Commission seeks comment on whether
such bonus schemes or any other type of compensation arrangement exist;
and, if so, whether they incent CAs to arrange or cause to be arranged
calls that would not otherwise be made, and what types of safeguards
can be adopted to deter and prevent use of them.
Procedures for the Suspension of Payment
4. The TRS rules that authorize the Fund administrator to suspend
or delay payments to a TRS provider if the provider fails to provide
adequate verification of payment do not set forth in detail procedures
for the suspension of payment and the resolution of whether certain
minutes are legitimate and should be paid. The Commission therefore
seeks comment on the adoption of new rules addressing the procedures
for the suspension or withholding of payments to providers in
circumstances where the Fund administrator reasonably believes that the
minutes may not be legitimate or otherwise were not submitted in
compliance with the TRS rules.
5. In ensuring that the providers must be afforded due process, the
Commission tentatively concludes that the rules must, at a minimum: (1)
Give timely notice to the providers of the minutes for which payment is
being withheld, as well as the reason(s) for the withholding; (2)
afford providers an opportunity to show why they believe the withheld
minutes are in fact compensable; and (3) require that providers be
given, in a timely fashion, a final determination of whether payment
will be made for the disputed minutes with a supporting explanation.
The Commission also tentatively concludes that the rules should place
the burden on the provider to show that the minutes in question are
compensable and were handled in accordance with the Commission's rules.
The Commission seeks comment on these tentative conclusions, and on the
nature of the showing providers should be required to make to establish
that minutes submitted for payment are legitimate. Further, the
Commission seeks comment on whether it should adopt new rules or modify
existing rules to provide the TRS Fund administrator with the tools
necessary to execute its administrative and auditing responsibilities.
Specific Call Practices
6. International VRS Calls. In the VRS Declaratory Ruling,
published at 75 FR 25255, May 7, 2010, the Bureau confirmed that VRS
calls that both originate and terminate outside the United States are
not compensable. The Commission seeks comment on ways to address fraud
and misuse associated with international VRS calls without undermining
the use of VRS to make legitimate international calls. The Commission
also seeks comment on the role of ten-digit numbering, registered
locations, or other potential solutions (e.g., particular software) to
help ensure that VRS calls that terminate overseas are, in fact,
legitimate TRS calls.
7. VRS Calls in Which the Caller's Face Does Not Appear on the
Screen; Use of Privacy Screens; Idle Calls. Some VRS providers and VRS
equipment permit a VRS caller to use a ``privacy screen'' during a call
that prevents the VRS CA from viewing the caller. Although there may be
legitimate reasons for a VRS CA or a caller to briefly use a privacy
screen, in some instances it may be used to facilitate a call solely
intended to generate minutes. The Commission therefore seeks comment on
how it might amend the TRS rules to address the use and misuse of
privacy screens. The Commission also specifically seeks comment on its
tentative conclusion that if a caller is away from the call or
unresponsive for longer than two minutes, the CA should disconnect the
call, and on what the appropriate time period a call may be idle is
before being disconnected. A VRS call placed on hold by a business
would not be considered ``idle,'' even if the hold time exceeds two
minutes.
8. Calls Involving Remote Training. The Commission recognizes that
a significant number of VRS minutes submitted for compensation in
recent months are attributable to remote training. To the extent that
VRS calls that enable a person to participate in remote training using
a VRS CA are, in fact, being used as a substitute for in-person
interpreting or Video Remote Interpreting (VRI) services, the
Commission has already made clear that this would be an improper use of
VRS. The Commission seeks comment on its tentative conclusion that,
despite its prior finding that calls made for the purpose of generating
compensable minutes as a source of provider revenue are not compensable
from the Fund, a rule specifically barring compensation for remote
training calls initiated or promoted by or on behalf of a provider
would serve as an additional deterrent against fraud and misuse of the
Fund.
Detecting and Stopping the Billing of Illegitimate Calls
9. Automated Call Data Collection. The Commission seeks comment on
its tentative conclusion that the TRS rules should be modified to make
clear that providers must automatically capture the conversation time,
to the nearest second, for each call submitted for payment from the
Fund, which the Commission expects would reduce opportunities for fraud
and the erroneous submission of minutes for payment.
10. Data Filed with the Fund Administrator to Support Payment
Claims. In 2008, the Fund Administrator instructed VRS providers that,
in addition to the speed of answer compliance data they were already
submitting, monthly minutes of use submitted for payment must be
supported by the following call data records: (1) The call record ID
sequence; (2) Communications Assistant ID; (3) session start and end
times; (4) conversation start and end times; (5) incoming telephone
number or IP address; (6) outbound telephone number or IP address; (7)
total conversation minutes; and (8) total session minutes., The
Commission seeks comment on its tentative conclusion that the TRS rules
should be amended to specifically require the filing of this call data
information as a functional TRS mandatory minimum standard that
providers must meet to be eligible for compensation from the Fund,
because review of this information is essential to detecting and
deterring fraud and the
[[Page 51739]]
billing of illegitimate calls. The Commission also seeks comment on any
other call record information it should require providers to submit to
the Fund administrator to support their claims for payment, and on its
tentative conclusion that the TRS rules should be amended to require
that all this data be submitted electronically and in a standardized
format.
11. Requiring Providers to Submit Information About New and
Existing Call Centers. The Commission seeks comment on its tentative
conclusions that: (1) It should amend the TRS mandatory minimum
standards to require VRS providers eligible for compensation from the
Fund that submit minutes for payment to file with the Commission and
Fund administrator on a quarterly basis a statement detailing the name
and address of each call center the provider owns or controls, the
number of CAs and CA managers at the call center, and the name and
contact information for the managers of the call center; and (2) that
it will require VRS providers to file an amendment to their most recent
quarterly filing each time they open a new call center, close a call
center, or the ownership or management of a call center changes, or
changes to the list of providers whose calls are processed through the
call center. The Commission further proposes that such amendments be
required to be filed within thirty days of such an event. This
information will enable the Commission and Fund administrator to better
oversee compliance with Commission rules to ensure the compensability
of submitted minutes as well as to ensure that sub-contractors are
providing the quality of service the Commission's rules require.
12. Requiring Service to be Offered in the Name of the Provider
Seeking Compensation from the Fund; Revenue Sharing Schemes. The
Commission's rules permit providers eligible for compensation from the
Fund to subcontract with other entities for actual provision of
service. Although the eligible provider is responsible for ensuring
that such calls billed to the Fund are legitimate, in some cases it is
possible that the eligible provider exercises very little oversight
over the call handling operations. In other cases, arrangements have
been made in order to facilitate fraud. One VRS provider proposes that
the Commission adopt a rule stating that providers cannot be
compensated from the Fund unless the provider seeking compensation
``clearly identified itself to the calling parties at the outset of the
calls as the TRS provider for those calls.'' Another VRS provider
proposes that the Commission altogether prohibit uncertified entities
from billing the TRS Fund through certified providers. The Commission
seeks comment on these proposals and on other ways it can ensure that
the entities that actually relay calls are accountable for compliance
with the Commission's rules.
13. Whistleblower Protections for VRS CAs and Other Provider
Employees. The Commission recognizes that CAs and other employees of
providers are often in the best position to detect possible fraud and
misconduct by the provider, but that employees are often reluctant to
report possible wrongdoing because they fear they may lose their job or
be subject to other forms of retaliation. Given recent evidence of
fraud and the billing of illegitimate VRS minutes, the Commission seeks
comment on its tentative conclusion that it should adopt a specific
whistleblower protection rule for the employees and subcontractors of
TRS providers, and on what the scope and contents of such a rule should
be.
14. Transparency and the Disclosure of Provider Financial and Call
Data. Currently, the Commission addresses provider cost and demand data
only in the aggregate or in some other way that does not reveal the
individual data of a particular provider. The Commission seeks comment
on whether it should require that all VRS provider cost and demand data
be made available to the public and, if so, how such a requirement
should be implemented. The Commission further seeks comment on how it
might balance the legitimate need for transparency of provider costs
with any legitimate interest in keeping that information (or some
portion of it) confidential. The Commission requests that commenters
favoring disclosure specifically address the scope of such requirement,
how the data should be made public, and any exceptions or limits to a
rule requiring disclosure of provider specific cost and demand data.
15. Provider Audits. The Commission is authorized to suspend
payment to providers who do not submit to audits. The Commission seeks
comment on whether it should amend the TRS mandatory minimum standards
to include more specific and stringent auditing rules in order to
better safeguard the integrity of the Fund. Commenters favoring such
rules should address the scope and frequency of such audits.
16. Record Retention. The Commission recognizes that to detect and
deter fraud or other call or billing irregularities it must have access
to the underlying call data. The Commission seeks comment on its
tentative conclusion that it should amend the TRS rules to require
Internet-based TRS providers to retain their call detail records, other
records that support their claims for payment from the Fund, and those
records used to substantiate the costs and expense data submitted in
the annual relay service data request form, for five years.
17. Provider Certification Under Penalty of Perjury. In the Order
portion of document FCC 10-88, the Commission adopts an interim rule
requiring the CEO, CFO, or other senior executive of a relay service
provider to certify, under penalty of perjury, that: (1) Minutes
submitted to the Fund administrator for compensation were handled in
compliance with section 225 of the Communications Act of 1934, as
amended, and the Commission's rules and orders, and are not the result
of impermissible financial incentives, or payments or kickbacks, to
generate calls, and (2) cost and demand data submitted to the Fund
administrator related to the determination of compensation rates or
methodologies are true and correct. See 75 FR 39859, July 13, 2010. The
Commission seeks comment on its tentative conclusion that it should
adopt these rules permanently.
Initial Regulatory Flexibility Certification
18. The Regulatory Flexibility Act of 1980, as amended (RFA), 5
U.S.C. 603, 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.'' 5 U.S.C. 605(1). The RFA generally defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' 5
U.S.C. 601(6). 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).
19. In the 2010 VRS Reform NPRM, the Commission reaches tentative
conclusions on a range of issues affecting the provision of VRS and
ways to detect and prevent fraud and misuse in the VRS program.
Specifically, the Commission tentatively concludes that: All VRS call
centers must be located in the United States; VRS CAs must work in a
centralized call center where other
[[Page 51740]]
personnel are present, including other CAs and supervisors; the
Commission should adopt new rules, affording providers due process,
addressing procedures for the suspension or withholding of payments to
providers in circumstances where the Fund Administrator reasonably
believes that the minutes may not be legitimate or otherwise were not
submitted in compliance with the TRS rules, but placing the burden on
the provider to show that the minutes in question are compensable and
were handled in accordance with the TRS rules; VRS calls that originate
or terminate overseas shall not be compensable from the Fund; a CA
should disconnect a VRS call in which the caller's face does not appear
on the screen (including when the caller is using a ``privacy
screen''), or where the call is ``idle,'' for more than two minutes; a
rule specifically barring compensation for remote training calls
initiated or promoted by or on behalf of a provider would serve as an
additional deterrent against fraud and misuse of the Fund; providers
must use automated, rather than manual, methods to capture a TRS call's
conversation time, to the nearest second, for each call submitted for
payment from the Fund; the TRS rules should specifically require that
providers file certain call data information in order to eligible for
compensation from the Fund, and providers must file it electronically
and in a standardized format; providers must file with the Commission
and Fund administrator on a quarterly basis a statement detailing the
name and address of each call center the provider owns or controls
(including subcontract arrangements), as well as various information
concerning the management of such call centers; the Commission should
adopt a permanent rule requiring the CEO, CFO, or other senior
executive of a provider submitting data to the Fund administrator to
make various certifications under penalty of perjury; the Commission
should adopt specific whistleblower protection rules for the employees
and subcontractors of TRS providers; and Internet-based TRS providers
must retain their call detail records, and other records to support
their claims for payment from the Fund, for five years.
20. The 2010 VRS Reform NPRM also seeks comment on whether the
Commission should prohibit ``white-label'' Internet-based TRS
services--where non-certified providers offer service and bill the Fund
through certified providers--and on other ways that the Commission can
ensure that the entities that actually relay calls are accountable for
compliance with the Commission's rules. In addition, it seeks comment
on whether--and if so, how--VRS provider cost and demand data should be
made available to the public, and whether the Commission should adopt
more specific and stringent auditing rules in order to better safeguard
the integrity of the Fund.
21. With regard to whether a substantial number of small entities
may be affected by the requirements proposed in the 2010 VRS Reform
NPRM, the Commission notes that, of the fourteen providers affected by
the 2010 VRS Reform NPRM, no more than five meet 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. 13 CFR 121.201, NAICS code 517110.
Currently, fourteen providers receive compensation from the Interstate
TRS Fund for providing any form of TRS. Because no more than five of
the providers that would be affected by the 2010 VRS Reform NPRM, if
adopted, are 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 our proposed rules is not substantial.
Moreover, given that all providers potentially affected by the proposed
rules, including those deemed to be small entities under the SBA's
standard, would be entitled to receive prompt reimbursement for their
reasonable costs of compliance, the Commission concludes that the 2010
VRS Reform NPRM, if adopted, will not have a significant economic
impact on these small entities.
22. Therefore, the Commission certifies that the proposals in the
2010 VRS Reform NPRM, if adopted, will not have a significant economic
impact on a substantial number of small entities.
23. The Commission will send a copy of the 2010 VRS NPRM, including
a copy of this Initial Regulatory Flexibility Certification, to the
Chief Counsel for Advocacy of the SBA.
Ordering Clauses
Pursuant to sections 1, 4(i) and (o), 225, 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, 303(r), 403, 554(g), and 606, document FCC 10-88
is adopted.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of document FCC 10-88,
including the Initial Regulatory Flexibility Certification, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 64
Claims, Individuals with disabilities, Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
1. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub.
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218,
222, 225, 226, 228, and 254(k) unless otherwise noted.
2. Section 64.604 is amended by adding paragraphs (a)(3)(ix),
(a)(6), (a)(7), and (b)(4)(iii), and by revising paragraph
(c)(5)(iii)(E), to read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(a) * * *
(3) * * *
(ix) Relay calls that enable a person with hearing or speech
disability to participate in a remote training program, made available
to the public or to an entity's employees, do not fall within the scope
of this subpart.
* * * * *
(6) In addition to those standards set forth above, Internet-based
TRS providers shall be subject to the following standards:
(i) Automated call data collection. For each Internet-based TRS
call, providers must automatically record session and conversation time
to the nearest second.
(ii) Revenue sharing agreements. The administrator shall not
compensate for minutes resulting from an Internet-based TRS call unless
the entity seeking compensation from the Fund for such minutes clearly
identified itself to the calling parties at the beginning of the call
as the TRS provider for the call.
(iii) Whistleblower protections. Providers shall permit any
employee, agent, or contractor to disclose to a designated manager any
known or suspected violations of FCC rules, or any other activity that
the reporting person believes to be unlawful, wasteful, fraudulent, or
abusive, or that otherwise could result in the improper
[[Page 51741]]
billing of minutes to the Interstate TRS Fund. Providers must make
available at least one means by which such disclosure may be made
anonymously. Providers must promptly investigate any report of
wrongdoing and, when warranted, take appropriate corrective action.
Providers may not discipline any employee, agent, or contractor solely
for reporting under this provision. Providers shall also inform all
employees, agents, and contractors that they may directly contact the
Commission's Office of Inspector General to report wrongdoing.
(iv) Record retention. Providers shall retain their call detail
records for five years from the date of service, and shall make such
records available to the Commission or administrator upon request.
(7) In addition to those standards set forth above, Video Relay
Service providers shall be subject to the following standards:
(i) Idle time or no face on screen. If either party to a VRS call
is away from the call, or otherwise unavailable or unresponsive, for
more than two minutes the CA may disconnect the call, except when the
call has been placed on hold by a business. If at any time during a VRS
call a VRS CA is confronted with only a blank screen (e.g., a privacy
screen), or a screen that does not display the face of the video
caller, the CA may disconnect the call if the video caller's face does
not reappear within two minutes.
(ii) Call center information. VRS providers shall file quarterly
reports with the Commission and the administrator by March 31, June 30,
September 20, and December 31 each year stating the name and address of
each call center the provider owns or controls (including call centers
owned or operated by subcontractors or entities operating calls centers
for a subcontractor), the number of CAs and CA managers at each call
center, and the name and contact information for the key managers at
each call center. VRS providers shall file an amendment to their most
recent quarterly filing within 30 days of opening a call center,
closing a call center, or changing the ownership or management of a
call center.
* * * * *
(b) * * *
(4) * * *
(iii) Location of call centers. VRS call centers must be located in
the United States.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(E) Payments to TRS providers. TRS Fund payments shall be
distributed to TRS providers based on formulas approved or modified by
the Commission. The administrator shall file schedules of payment
formulas with the Commission. Such formulas shall be designed to
compensate TRS providers for reasonable costs of providing interstate
TRS, and shall be subject to Commission approval. Such formulas shall
be based on total monthly interstate TRS minutes of use. TRS minutes of
use for purposes of interstate cost recovery under the TRS Fund are
defined as the minutes of use for completed interstate TRS calls placed
through the TRS center beginning after call set-up and concluding after
the last message call unit. In addition to the data required under
paragraph (c)(5)(iii)(C) of this section, all TRS providers, including
providers who are not interexchange carriers, local exchange carriers,
or certified state relay providers, must submit reports of interstate
TRS minutes of use to the administrator in order to receive payments.
These reports shall include the call record ID sequence, CA ID, session
start and end times, conversation start and end times, incoming
telephone number or IP address for Internet-based TRS service not
subject to the numbering requirements under Sec. 64.611, outbound
telephone number or IP address for Internet-based TRS service not
subject to the numbering requirements under Sec. 64.611, total
conversation minutes, and total session minutes. In addition, VRS and
IP Relay providers shall include in their reports speed of answer
compliance data. The administrator shall establish procedures to verify
payment claims, and may suspend or delay payments to a TRS provider if
the TRS provider fails to provide adequate verification of payment upon
reasonable request, or if directed by the Commission to do so. The
administrator shall make payments only to eligible TRS providers
operating pursuant to the mandatory minimum standards as required in
this section, and after disbursements to the administrator for
reasonable expenses incurred by it in connection with TRS Fund
administration. TRS providers receiving payments shall file a form
prescribed by the administrator. The administrator shall fashion a form
that is consistent with parts 32 and 36 of this chapter procedures
reasonably tailored to meet the needs of TRS providers. The Commission
shall have authority to audit providers and have access to all data,
including carrier specific data, collected by the Fund administrator.
The Fund administrator shall have authority to audit TRS providers
reporting data to the administrator. The formulas should appropriately
compensate interstate providers for the provision of VRS, whether
intrastate or interstate.
* * * * *
[FR Doc. 2010-20615 Filed 8-20-10; 8:45 am]
BILLING CODE 6712-01-P