[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Proposed Rules]
[Pages 24437-24442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10341]
[[Page 24437]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 10-51; FCC 11-54]
Structure and Practices of the Video Relay Service Program
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks comment on proposed
modifications to its certification process for Internet-based relay
providers to ensure that all entities seeking certification to provide
Internet-based telecommunications relay services (TRS) in the future--
or currently certified entities seeking re-certification--are fully
qualified to provide Internet-based relay service in compliance with
the Commission's rules and requirements, and to improve the
Commission's oversight of these providers, once they have been
certified.
DATES: Comments are due on or before June 1, 2011. Reply comments are
due on or before June 16, 2011. Written comments on the Paperwork
Reduction Act proposed information collection requirements must be
submitted by the public, Office of Management and Budget (OMB), and
other interested parties on or before July 1, 2011.
ADDRESSES: Interested parties may submit comments identified by [CG
Docket No. 10-51 and/or FCC 11-54], 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://fjallfoss.fcc.gov/ecfs2/. 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 No. 10-51.
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.
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.
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.
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].
Document FCC 11-54 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 e-mail to [email protected].
FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and
Governmental Affairs Bureau at (202) 559-5158 (VP), or e-mail:
[email protected]. For additional information concerning the PRA
information collection requirements contained in this document, contact
Cathy Williams at (202) 418-2918, or email: [email protected].
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Structure and Practices of the Video Relay Service Program, Further
Notice of Proposed Rulemaking (VRS FNPRM), document FCC 11-54, adopted
April 5, 2011, and released April 6, 2011, in CG Docket No. 10-51,
seeking comment on proposed modifications to its certification process
for all Internet-based relay providers. Simultaneously with the VRS
FNPRM, the Commission issued a Report and Order in CG Docket No. 10-51.
In the Report and Order, the Commission adopted rules to detect and
prevent fraud and abuse in the provision of video relay service. The
full text of FCC 11-54 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 11-54 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 11-
54 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 VRS FNPRM. 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 the VRS FNPRM 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 substances of the presentations 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 ex parte presentations in
permit-but-disclose proceedings are set forth in 47 CFR 1.1206(b). To
view a copy of this information collection
[[Page 24438]]
request (ICR) submitted to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web
page called ``Currently Under Review,'' (3) click on the downward-
pointing arrow in the ``Select Agency'' box below the ``Currently Under
Review'' heading, (4) select ``Federal Communications Commission'' from
the list of agencies presented in the ``Select Agency'' box, (5) click
the ``Submit'' button to the right of the ``Select Agency'' box, (6)
when the list of FCC ICRs currently under review appears, look for the
Title of this ICR and then click on the ICR Reference Number. A copy of
the FCC submission to OMB will be displayed.
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
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 the document
FCC 11-54, as required by the PRA, Public Law 104-13. Public and agency
comments are due July 1, 2011. 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; (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; and (e) ways to further reduce the information
collection burden on small business concerns with fewer than 25
employees.
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,
Further Notice of Proposed Rulemaking; CG Docket No. 10-51.
Form No.: N/A.
Type of Review: New collection.
Respondents: Business and other for-profit entities.
Number of Respondents and Responses: 11 respondents and 49
responses.
Estimated Time per Response: 1 hour to 75 hours.
Frequency of Response: Annual, one-time, and on occasion reporting
requirements.
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: 1,033 hours.
Total Annual Costs: None.
Nature and Extent of Confidentiality: An assurance of
confidentiality is not offered because this information collection does
not require the collection of personally identifiable information (PII)
from individuals.
Privacy Act Impact Assessment: No impacts.
Needs and Uses: In the VRS FNPRM, the Commission seeks comment on a
number of proposed modifications to the Commission's certification
process for all Internet-based relay providers to ensure that all
entities seeking certification in the future are fully qualified to
provide service in compliance with the Commission's rules and orders.
The VRS FNPRM contains potential information collection requirements
with respect to the following four of its proposals, all of which could
further the aims of the VRS FNPRM.
(A) Whether potential Internet-based relay providers should be
required to provide full and detailed information in its application
for certification that show its ability to comply with the Commission's
rules. The VRS FNPRM specifically proposes that provider applicants
provide documentary and other evidence demonstrating that the applicant
owns and operates facilities associated with TRS call centers, and
employs ASL interpreters, on a full or part-time basis, to staff such
call centers at the date of the application.
(B) Whether Internet-based relay providers should be required to
submit annual reports that include updates to the information to the
application for certification.
(C) Whether each certified Internet-based relay provider should be
required to seek prior Commission authorization of any voluntary
interruption in the provision of Internet-based TRS.
(D) Whether each certified Internet-based relay provider should be
required to submit a written notification to Consumer and Governmental
Affairs Bureau within two business days of when an unforeseen service
interruption first occurred with an explanation of how the provision of
its service had been restored or will be restored imminently.
Synopsis
1. In document FCC 11-54, the Commission seeks comment on a number
of proposed modifications to our certification process for all
Internet-based relay providers, including VRS providers, to ensure that
all entities seeking certification in the future--or currently
certified entities seeking re-certification--are fully qualified to
provide Internet-based relay service in compliance with the
Commission's rules, including all of the new obligations adopted in the
accompanying Report and Order to reduce waste, fraud and abuse, and
improve oversight of the Commission's relay programs.
2. The Commission proposes to ensure that the certification process
enables the Commission to identify providers that are qualified to
provide Internet-based relay services in accordance with our rules.
3. First, the Commission proposes that all Internet-based relay
providers be required to receive certification from the Commission,
under the procedures and guidelines proposed herein, to be eligible to
receive compensation from the TRS Fund. Under this proposal,
certification by the Commission would be the sole method by which an
Internet-based TRS provider could become eligible to receive
compensation from the TRS Fund. An Internet-based relay provider would
no longer be permitted to receive compensation from the TRS Fund
merely: (1) by virtue of its contract with a certified state TRS
program; (2) through its contract with an interstate common carrier;
(3) because it is an interstate common carrier; or (4) because it is
certified by a state. Eligibility through these methods has failed to
ensure that providers are qualified to provide VRS or to provide the
Commission with the requisite information to determine whether
providers are complying with the Commission's TRS rules.
4. The Commission proposes that all providers that are not already
certified by the Commission, be required to apply to the Commission for
certification to
[[Page 24439]]
provide Internet-based TRS. The Commission further proposes that an
applicant be certified or be permitted to renew its certification only
upon a determination by the Commission that such applicant has
adequately demonstrated its ability to comply with all of the
Commission's rules, including those adopted in the accompanying Report
and Order. The Commission proposes that mere attestations be inadequate
to satisfy this standard. Instead, the Commission proposes requiring
evidence of an applicant's ability to comply with the Commission's
rules governing the qualifications of CAs, including speed of answer,
facility redundancy to ensure continuance of the service, and other
operational and technical standards designed to ensure provision of a
service that is functionally equivalent to voice telephone service.
5. Specifically, the Commission proposes that applicants provide
the following documentary and other evidence, as needed, demonstrating
that the applicant owns and operates facilities associated with TRS
call centers, and employs ASL interpreters, on a full or part-time
basis, to staff such call centers at the date of the application:
A copy of each deed or lease for each call center operated
by the applicant;
A list of individuals or entities that hold at least a 10
percent equity interest in the applicant, have the power to vote 10
percent or more of the securities of the applicant, or exercise de jure
or de facto control over the applicant, a description of the
applicant's organizational structure, including the names of its
executives, officers, partners, and board of directors, as well as an
attestation that no such individual has been convicted of a felony;
A list of all of the names of applicant's full-time and
part-time employees;
Proofs of purchase or license agreements for use of all
equipment and/or technologies, including hardware and software, used by
the applicant for its call center functions, including but not limited
to, ACD, routing, call setup, mapping, call features, billing for
compensation from the TRS fund, and registration;
Copies of employment agreements for all of the provider's
executives and CAs;
Copies of any subcontracting agreements for services not
directly essential for the provision of Internet-based relay (such as
maintenance and transportation services);
A list of all financing arrangements pertaining to the
provision of Internet-based relay service, including documentation on
loans for equipment, inventory, property, promissory notes, and liens;
Copies of all other agreements associated with the
provision of Internet-based relay service; and
A list of all sponsorship arrangements (e.g., those
providing financial support or in-kind interpreting or personnel
service for social activities in exchange for brand marketing),
including any associated agreements.
6. In addition, the Commission proposes that the certification
process include, at the Commission's discretion, other measures,
including on-site visits to the premises of applicants, to assess the
merits of certification applications, and seeks comment on what those
measures may be. The Commission further seeks input on what other types
of documentation the Commission should require, including the level of
detail it should require, to ensure that it is able to assess whether
an applicant is fully qualified to provide Internet-based relay service
in compliance with the Commission's rules and requirements.
7. In order to be entitled to compensation from the TRS Fund for
providing Internet-based TRS, the TRS provider's facilities must have
redundancy features in the event of call center or network outages, as
well comply with the other minimum standards that apply to all TRS. At
present, however, the Commission's rules do not explicitly address the
obligations associated with a provider's decision to temporarily cease
its operations. To avoid future interruptions in service that may
hamper the ability of relay customers to place Internet-based TRS
calls, the Commission proposes requiring that each certified provider
seek prior Commission approval of any voluntary interruption in the
provision of Internet-based TRS. In order to comply with this
requirement, the Commission proposes that a provider be directed to
submit a written request to the Commission's CGB at least 60 days prior
to any planned interruption, with detailed information of (1) Its
justification for such service interruption; (2) its plan to notify
customers about the impending interruption; and (3) its plans for
resuming service, so as to minimize the impact of such interruption on
consumers through a smooth transition of temporary service to another
provider, and restoration of its service at the completion of such
interruption.
8. The Commission further proposes delegating authority to the
Consumer and Governmental Affairs Bureau (CGB) to grant or deny such
requests for service interruptions, and provide a timely response to
the provider, in order to afford an adequate period of notification to
consumers. The Commission also proposes taking enforcement action
against certified providers, including, but not limited to the
revocation of their certifications and/or suspension of payment in the
event that the provider voluntarily interrupts its service without
sufficient prior notification to the Commission, or in the event that
the requested cessation proceeds notwithstanding CGB's denial of the
provider's request.
9. In order to ensure the seamless delivery of Internet-based TRS
during any transition period following the Commission's establishment
of new eligibility requirements and certification procedures, the
Commission proposes to allow any provider currently eligible to receive
compensation from the TRS Fund via a means other than FCC
certification, concurrently with the submission of its application for
Commission certification, to seek a temporary waiver of any new
requirements to obtain certification from the Commission prior to
offering Internet-enabled TRS, while its application is pending. The
Commission seeks comment on what an applicant seeking such a waiver
should have to demonstrate in order to establish that a temporary
waiver of the certification requirement would serve the public
interest. Further, in the event that an applicant's request for
temporary waiver and/or application for certification is denied, the
Commission proposes that the applicant be given at least 30 days to
discontinue its service in order to allow its affected consumers
sufficient time for transition to another eligible provider's service.
Initial Regulatory Flexibility Certification
10. 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.'' See 5
U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been amended by the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
Public Law 104-121, Title II, 110 Stat. 857 (1996). The RFA generally
defines the term ``small entity'' to have the same meaning as the terms
[[Page 24440]]
``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).
11. In document FCC 11-54, the Commission seeks further comment on
a number of proposed modifications to our current eligibility
requirements for Internet-based TRS providers, including VRS providers,
that seek certification from the Commission to be eligible for
compensation from the TRS Fund. The Commission seeks comment on these
proposals to ensure that all entities seeking certification in the
future--or currently certified entities seeking re-certification--are
fully qualified to provide Internet-based relay service in compliance
with our rules and requirements, including all of the revised
obligations adopted in the accompanying Report and Order, to reduce
waste, fraud and abuse, and improve oversight.
12. Specifically, the VRS FNPRM seeks comment on whether the
Commission should require that all Internet-based TRS providers be
certified by the Commission to become eligible to receive compensation
from the TRS Fund. In addition, the Commission seeks comment on whether
new and renewing applicants should provide specific documentary
evidence of their ability to comply with our TRS rules. The Commission
seeks comment on whether the certification process should include, at
the Commission's discretion, other measures, including on-site visits
to the premises of applicants, to assess the merits of certification
applications. The Commission also proposes to revise its annual report
filing guidelines to require further documentation.
13. The Commission further proposes to require that providers seek
approval from the Commission for voluntary interruption of service, and
that providers notify the Commission of unforeseen service
interruptions in the provision of Internet-based TRS. Finally, the
Commission proposes to allow a provider that is currently eligible to
receive compensation from the TRS Fund via a means other than FCC
certification, to file an application for certification under the
Commission's new rules. While such a provider's application is pending,
the Commission proposes to permit the applicant to seek a temporary
waiver of any new requirements to obtain certification from the
Commission prior to offering Internet-enabled TRS, to enable the
provider to continue to receive compensation from the Fund and to
continue providing Internet-based TRS while such provider's application
is pending.
14. With regard to the economic impact of the VRS FNPRM, the
Commission notes 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. Therefore, the Commission
concludes that the VRS FNPRM, if adopted, will not have a significant
economic impact on any entities. In addition, even if there were an
adverse economic impact, no more than five of the eleven providers
impacted by the proposed rules 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.
15. Therefore, the Commission certifies that the proposals in the
VRS FNPRM, if adopted, will not have a significant economic impact on a
substantial number of small entities.
16. The Commission will send a copy of the VRS FNPRM, including a
copy of this Initial Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the SBA.
Ordering Clauses
17. Pursuant to sections 1, 4(i), (j) and (o), 225, and 303(r), of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), (j)
and (o), 225, and 303(r), document FCC 11-54 is adopted.
18. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of the Further Notice
of Proposed Rulemaking, 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
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 is revised 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, 254 (k), and 620, unless otherwise noted.
Subpart F--Telecommunications Relay Services and Related Customer
Premises Equipment for Persons With Disabilities
2. The authority citation for Subpart F is revised to read as
follows:
Authority: 47 U.S.C. 151-154; 225, 255, 303(r), and 620.
3. Section 64.604 is amended by revising paragraph (c)(5)(iii)(F)
to read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(F) Eligibility for Payment from the TRS Fund. (1) TRS providers,
except Internet-based TRS providers, eligible for receiving payments
from the TRS Fund must be:
(i) TRS facilities operated under contract with and/or by certified
state TRS programs pursuant to Sec. 64.606; or
(ii) TRS facilities owned or operated under contract with a common
carrier providing interstate services operated pursuant to Sec.
64.604; or
(iii) Interstate common carriers offering TRS pursuant to Sec.
64.604.
(2) Internet-based TRS providers eligible for receiving payments
from the TRS fund must be certified by the Commission pursuant to Sec.
64.606.
* * * * *
4. Section 64.606 is amended by revising paragraph (a)(2), by
adding new paragraph (a)(3), by revising paragraphs (b)(2), (c)(2),
(e)(2), and (g), and by adding new paragraph (h) to read as follows:
Sec. 64.606 VRS and IP Relay provider and TRS program certification.
(a) * * *
(2) Internet-based TRS provider. Any entity desiring to provide
Internet-based TRS and to receive compensation from the Interstate TRS
Fund, shall submit documentation to the Commission addressed to the
Federal Communications Commission, Chief, Consumer and Governmental
Affairs Bureau, TRS Certification Program,
[[Page 24441]]
Washington, DC 20554, and captioned ``Internet-based TRS Certification
Application.'' The documentation shall include, in narrative form:
(i) A description of the forms of Internet-based TRS to be provided
(i.e., VRS, IP Relay, and/or IP captioned telephone relay service);
(ii) A detailed description of how the applicant will meet all non-
waived mandatory minimum standards applicable to each form of TRS
offered, including documentary and other evidence that the applicant
owns and operates facilities associated with TRS call centers and
employs interpreters, on a full or part-time basis, to staff such call
centers at the date of the application. Such evidence shall include,
but not be limited to:
(A) A copy of each deed or lease for each call center operated by
the applicant;
(B) A list of individuals or entities that hold at least a 10
percent equity interest in the applicant, have the power to vote 10
percent or more of the securities of the applicant, or exercise de jure
or de facto control over the applicant, a description of the
applicant's organizational structure, and the names of its executives,
officers, partners, and members of its board of directors;
(C) A list of all of the names of applicant's full-time and part-
time employees on payroll;
(D) Proof of purchase or license agreement for use of all equipment
and/or technologies, including hardware and software, used by the
applicant for its call center functions, including but not limited to,
automatic call distribution, routing, call setup, mapping, call
features, billing for compensation from the TRS fund, and registration;
(E) Copies of employment agreements for all of the provider's
executives and CAs;
(F) Copies of any subcontracting agreements pertaining to the
provision of the Internet-based relay service other than services not
directly essential for the provision of Internet-based relay (such as
maintenance and transportation services);
(G) A list of all major financing arrangements pertaining to the
provision of Internet-based relay service, including documentation on
loans for equipment, inventory, property, promissory notes, and liens;
(H) Copies of all other agreements associated with the provision of
Internet-based relay service; and
(I) A list of all sponsorship arrangements (e.g., those providing
financial support or in-kind interpreting or personnel service for
social activities in exchange for brand marketing), including any
associated written agreements;
(iii) A description of the provider's complaint procedures;
(iv) Demonstration of the provider's status as a common carrier;
and
(v) A statement that the provider will file annual compliance
reports demonstrating continued compliance with these rules.
(3) Assessment of Internet-based TRS Provider Certification
Application. In order to assess the merits of a certification
application submitted by an Internet-based TRS provider, the Commission
may conduct one or more on-site visits of the applicant's premises, to
which the applicant must consent.
* * * * *
(b) * * *
(2) Requirements for Internet-based TRS Provider FCC certification.
After review of certification documentation, the Commission shall
certify, by Public Notice, that the Internet-based TRS provider is
eligible for compensation from the Interstate TRS Fund if the
Commission determines that the certification documentation:
(i) Establishes that the provision of Internet-based TRS will meet
or exceed all non-waived operational, technical, and functional minimum
standards contained in Sec. 64.604;
(ii) Establishes that the Internet-based TRS provider makes
available adequate procedures and remedies for ensuring compliance with
the requirements of this section and the mandatory minimum standards
contained in Sec. 64.604, including that it makes available for TRS
users informational materials on complaint procedures sufficient for
users to know the proper procedures for filing complaints; and
* * * * *
(c) * * *
(2) Internet-based TRS Provider FCC certification period.
Certification granted under this section shall remain in effect for
five years. An Internet-based TRS provider may apply for renewal of its
certification by filing updated documentation with the Commission, at
least 90 days prior to expiration of certification, containing the
information described in paragraph (a)(2) of this section.
* * * * *
(e) * * *
(2) Suspension or revocation of Internet-based TRS Provider FCC
certification. The Commission may suspend or revoke the certification
of an Internet-based TRS provider if, after notice and opportunity for
hearing, the Commission determines that such certification is no longer
warranted. The Commission may, on its own motion, require a certified
Internet-based TRS provider to submit documentation demonstrating
ongoing compliance with the Commission's minimum standards if, for
example, the Commission receives evidence that a certified Internet-
based TRS provider may not be in compliance with the minimum standards.
* * * * *
(g) Internet-based TRS providers certified under this section shall
file with the Commission, on an annual basis, a report demonstrating
that they are in compliance with Sec. 64.604. Such reports must
include the information required in paragraph (a)(2) of this section
supported by current documentation.
(h) Unauthorized service interruptions. (1) Each certified
Internet-based service provider must provide Internet-based TRS without
unauthorized voluntary service interruptions.
(2) An Internet-based service provider seeking to voluntarily
interrupt service must first obtain Commission authorization by
submitting a written request to the Commission's Consumer and
Governmental Affairs Bureau (CGB) at least 60 days prior to any planned
service interruption, with detailed information of:
(i) Its justification for such interruption;
(ii) Its plan to notify customers about the impending interruption;
and
(iii) Its plans for resuming service, so as to minimize the impact
of such disruption on consumers through a smooth transition of
temporary service to another provider, and restoration of its service
at the completion of such interruption. CGB will grant or deny such a
request and provide a response to the provider within 30 days of the
proposed interruption, in order to afford an adequate period of
notification to consumers. In evaluating such a request, CGB will
consider such factors as the length of time of the proposed
interruption, the reason for such interruption, the frequency with
which such requests have been made by the provider in the past, the
potential impact of the interruption on consumers, and the provider's
plans for a smooth service restoration.
(3) In the event of a brief, unforeseen service interruption due to
circumstances beyond a provider's control, the provider must submit a
written notification to CGB within two business days of the
commencement of the service interruption, with an
[[Page 24442]]
explanation of how it has restored service or its plan to do so
imminently.
(4) A certified provider that fails to obtain prior Commission
authorization for a voluntary service interruption, or fails to provide
written notification after the commencement of a service interruption
in accordance with this subsection, may be subject to revocation of
certification, suspension of payment from the TRS Fund, or other
enforcement action by the Commission, as appropriate.
[FR Doc. 2011-10341 Filed 4-29-11; 8:45 am]
BILLING CODE 6712-01-P