[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR64.605]

[Page 275-276]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 64_MISCELLANEOUS RULES RELATING TO COMMON CARRIERS--Table of Contents
 
    Subpart F_Telecommunications Relay Services and Related Customer 
            Premises Equipment for Persons With Disabilities
 
Sec.  64.605  State certification.

    (a) State documentation. Any state, through its office of the 
governor or other delegated executive office empowered to provide TRS, 
desiring to establish a state program under this section shall submit, 
not later than October 1, 1992, documentation to the Commission 
addressed to the Federal Communications Commission, Chief, Wireline 
Competition Bureau, TRS Certification Program, Washington, DC 20554, and 
captioned ``TRS State Certification Application.'' All documentation 
shall be submitted in narrative form, shall clearly describe the state 
program for implementing intrastate TRS, and the procedures and remedies 
for enforcing any requirements imposed by the state program. The 
Commission shall give public notice of states filing for certification 
including notification in the Federal Register.
    (b) Requirements for certification. After review of state 
documentation, the Commission shall certify, by letter, or order, the 
state program if the Commission determines that the state certification 
documentation:
    (1) Establishes that the state program meets or exceeds all 
operational, technical, and functional minimum standards contained in 
Sec.  64.604;
    (2) Establishes that the state program makes available adequate 
procedures and remedies for enforcing the requirements of the state 
program, including that it makes available to TRS users informational 
materials on state and Commission complaint procedures sufficient for 
users to know the proper procedures for filing complaints; and
    (3) Where a state program exceeds the mandatory minimum standards 
contained in Sec.  64.604, the state establishes that its program in no 
way conflicts with federal law.
    (c) Certification period. State certification shall remain in effect 
for five years. One year prior to expiration of certification, a state 
may apply for renewal of its certification by filing documentation as 
prescribed by paragraphs (a) and (b) of this section.
    (d) Method of funding. Except as provided in Sec.  64.604, the 
Commission shall not refuse to certify a state program based solely on 
the method such state will implement for funding intrastate TRS, but 
funding mechanisms, if labeled, shall be labeled in a manner that 
promote national understanding of TRS and do not offend the public.
    (e) Suspension or revocation of certification. The Commission may 
suspend or revoke such certification if, after notice and opportunity 
for hearing, the Commission determines that such certification is no 
longer warranted. In a state whose program has been suspended or 
revoked, the Commission shall take such steps as may be necessary, 
consistent with this subpart, to ensure continuity of TRS. The 
Commission may, on its own motion, require a certified state program to 
submit documentation demonstrating ongoing compliance with the 
Commission's minimum standards if, for example, the Commission receives 
evidence that a state program may not be in compliance with the minimum 
standards.
    (f) Notification of substantive change. States must notify the 
Commission of substantive changes in their TRS programs within 60 days 
of when they occur, and must certify that the state

[[Page 276]]

TRS program continues to meet federal minimum standards after 
implementing the substantive change.

[65 FR 38440, June 21, 2000, as amended at 67 FR 13229, Mar. 21, 2002]

    Effective Date Note: At 65 FR 38440, June 21, 2000, Sec.  64.605 was 
revised, effective Dec. 18, 2000, except for paragraph (f) which 
contains information collection and recordkeeping requirements and will 
not become effective until approval has been given by the Office of 
Management and Budget.