**Before the**

###### Federal Communications Commission {#federal-communications-commission .unnumbered}

**Washington, D.C. 20554**

#########  {#section .unnumbered}

In the Matter of ) )

Telecommunications Relay Services ) CC Docket No. 98-67

and Speech-to-Speech Services for )

Individuals with Hearing and Speech )

Disabilities )

###### ORDER ON RECONSIDERATION  {#order-on-reconsideration .unnumbered}

###### Adopted: June 2, 2000 Released: June 5, 2000  {#adopted-june-2-2000-released-june-5-2000 .unnumbered}

By the Commission:

# INTRODUCTION

1.  On March 6, 2000, the Commission released a *Report and Order and
    Further Notice of Proposed Rulemaking* (*TRS Order*) amending its
    rules governing the delivery of telecommunications relay services
    (TRS).[^1] TRS is a telephone transmission service that provides the
    ability for an individual with a hearing or speech disability to
    engage in communication by wire or radio in a manner functionally
    equivalent to the experience of someone without such a
    disability.[^2] Section 225 of the Communications Act requires the
    Commission to establish regulations which govern the provision of
    interstate and intrastate relay services throughout the country.[^3]
    The Commission's rules set forth the minimum operational, technical,
    and functional standards for TRS.[^4]

2.  In this Order, the Commission, on its own motion, amends the
    effective date by which parties must comply with most of the amended
    rules adopted in the *TRS Order*. Additionally, we establish a fixed
    date for the annual submission of complaint log summaries by states
    and TRS providers to the Commission by July 1 of each year. We also
    more rigorously conform the text of the rules concerning the
    submission of contact information and the treatment of emergency
    calls to the precise language in the *TRS Order*. Further, we
    clarify our requirement regarding the transfer of customer profile
    information between outgoing and incoming TRS providers. In
    addition, we clarify the review process and possible disposition of
    informal complaints under our amended TRS rules. We also change the
    nomenclature in our rules from "video relay interpreting" to "video
    relay services." Finally, we correct various typographical errors
    that would otherwise be corrected in an erratum. The specific rules
    that we amend in this Order are shown in Appendix A. The complete
    text, as amended, of sections 64.601 -- 64.605 in Part 64, Subpart F
    of Title 47 of the Code of Federal Regulations, is in Appendix B.

# DISCUSSION

3.  First, we amend the effective date by which parties must comply with
    the amended rules adopted in the *TRS Order* (as modified by this
    Order). In the *TRS Order*, the Commission required the amendments
    to sections 64.601 through 64.605 of the Commission's rules to take
    effect thirty days from the date of publication of the *TRS Order*
    in the Federal Register.[^5] Considerable concern has been voiced by
    relay providers that many of the changes will be difficult for them
    to implement within the allotted time.[^6] For example, the rule
    change establishing a minimum typing speed could necessitate
    additional training of Communications Assistants (CAs) in order to
    improve their typing skills, and additional equipment may need to be
    purchased and installed to comply with the rule change requiring the
    electronic capturing of recorded messages. We are persuaded that
    additional time will be needed to ensure that the new equipment and
    personnel are in place to ensure full compliance with the new
    requirements. We therefore require that the amendments to sections
    64.601 through 64.605 of the Commission's rules, other than sections
    64.604(c)(2) and 64.604(c)(7), set forth in the *TRS Order* (as
    modified by this Order) shall take effect six months from the date
    of their publication in the Federal Register.

4.  Additionally, we establish a date certain for the annual submission
    of complaint log summaries by states and TRS providers to the
    Commission by July 1 of each year. In the *TRS Order*, the
    Commission required state applicants for TRS certification and
    interstate TRS providers to maintain a log of consumer complaints
    that allege a violation of the federal minimum standards. The
    Commission also required that summaries of these logs indicating the
    number of complaints received be submitted at the time of
    certification, and annually to the Commission.[^7] The particular
    date by which the annual submission must occur was not specified in
    the *TRS Order*. We find that establishing a date certain in the
    rules for submission of this information to the Commission will
    enable the affected entities to comply with our rules in a
    consistent and non-discriminatory manner. In this Order, we amend
    our rule to require that complaint log summaries indicating the
    number of complaints received by states and TRS providers for the
    12-month period ending May 31 must be submitted by the states and
    TRS providers to the Commission by July 1 of each year, beginning
    in 2001. Additionally, we amend our rule to remove the requirement
    that complaint logs must be submitted at the time of certification.
    Current TRS certifications must be renewed prior to their expiration
    on July 26, 2003. Updated complaint data in the annual July 1
    submissions can be used to assist us in evaluating the certification
    applications. There is no need, therefore, to require an additional
    submission "at the time of certification."

5.  We also more rigorously conform the text of the rules concerning the
    submission of contact information and the treatment of emergency
    calls to the precise language in the *TRS Order.* In the *TRS
    Order*, the Commission required states, relay providers having state
    TRS contracts, and interstate relay providers to submit the name of
    a contact person or office for TRS consumer information and
    complaints to the Commission by June 30, 2000.[^8] The rule did not
    include the term "relay providers having state TRS contracts,"
    although the Commission emphasizes in the *TRS Order* that contact
    information is needed for all these entities.[^9] We therefore amend
    rule 64.604(c)(2) to include the term "relay providers having state
    TRS contracts" consistent with our intent in the *TRS Order.*

6.  With respect to the treatment of emergency calls, the Commission
    required in the *TRS Order* that relay providers shall immediately
    connect an emergency call to the appropriate Public Safety Answering
    Point, or PSAP.[^10] The rule, however, required the relay center to
    provide the PSAP with the caller's telephone number.[^11] The *TRS
    Order* clearly shows the Commission's intent for emergency TRS calls
    to be forwarded to the correct PSAP as quickly as possible.[^12] In
    this Order, we amend the rule to require relay providers to forward
    the call to the appropriate PSAP.

7.  We also clarify our requirement that customer profile information
    shall be transferred from the outgoing TRS vendor to the incoming
    vendor with any change in TRS provider.[^13] TRS users give their
    personal data to the provider of TRS in order to have their calls
    processed more quickly by the relay center. In the *TRS Order*, we
    emphasized the importance of access to this data by the incoming TRS
    vendor in the provision of relay service, and amended the rules to
    require that all future TRS contracts specifically address the
    transfer of TRS customer profile information from the outgoing TRS
    vendor to the incoming TRS vendor.[^14] As we stated in the *TRS
    Order*, the actual transfer of this information is not mandated
    until a change in relay providers takes place pursuant to contracts
    adopted after the effective date of our rules.[^15] Because the
    transfer of this information is essential to fulfillment of the
    statutory requirement that TRS be available in the most efficient
    manner, the effective date for this provision shall remain at thirty
    days after publication of the *TRS Order* in the Federal Register,
    notwithstanding other changes in the effective dates of the other
    TRS rules. Moreover, insofar as we have determined that caller
    profile information is not customer proprietary network information,
    the sharing of which must be restricted, we strongly encourage relay
    providers to transfer such information beginning with the next
    change in TRS providers. Such transfers will eliminate the need for
    TRS providers to rebuild their caller profiles, thereby eliminating
    the risk of incurring billing and other errors.

8.  In addition, we take this opportunity to clarify the staff review
    process and possible dispositions of informal complaints under our
    amended TRS rules. The revised rules incorporate an informal
    "consumer friendly" process designed to make it easy for consumers
    to file complaints. This process is intended to facilitate
    cooperative efforts between consumers and TRS providers so that
    complaints may be resolved more quickly. We recognize, however, that
    not all TRS complaints will be susceptible to informal resolution
    and that consumers and TRS providers need to understand the
    mechanics and possible outcomes of informal complaint proceedings at
    the Commission.

9.  Consistent with our processes for informal complaints filed pursuant
    to Section 255 of the Act,[^16] there are three basic outcomes that
    may result from the staff's handling of unresolved informal TRS
    complaints. First, if the staff determines from its review of a
    complaint and the defendant's response that no further action by the
    Commission is warranted, the staff will inform the parties of its
    decision to close-out the complaint and further advise them of the
    complainant's right to file a "formal" complaint as set forth in the
    amended rules.[^17] Second, should the staff conclude that there is
    an unresolved question of compliance by the TRS provider, the staff
    may conduct further fact finding as needed to resolve the issue and
    determine what, if any, sanctions and/or remedial actions are
    needed.[^18] Third, in cases in which Commission staff determines
    that the defendant is not in compliance with section 225 or the
    Commission's rules, the staff may initiate (or recommend to the
    Commission) appropriate enforcement actions. Although we expect that
    most informal TRS complaints can be resolved by consumers and
    service providers without extensive involvement by the Commission,
    active monitoring of the process by the staff will help us ensure
    that underlying compliance problems do not go undetected and are
    promptly corrected by service providers.

10. We also take this opportunity to provide new nomenclature for relay
    services utilizing sign language interpreters, and further clarify
    our intent with respect to the provision of these services. In the
    TRS Order, we defined video relay interpreting (VRI) as the method
    by which TRS users can communicate by telephone through sign
    language interpreters, using video equipment installed at the user's
    premises and at the relay center. We have since learned that VRI has
    come to have a second definition. Specifically some businesses or
    employers use what they refer to as VRI to conduct in-person
    communications through sign language interpreters that are located
    in remote locations. For example, under this second definition, VRI
    could be used to enable a lawyer to communicate with a client when
    both lawyer and client are in the same room. In this instance, the
    lawyer would call a remote VRI service and communicate with the
    client through an interpreter who is at a remote location. The
    client and the interpreter would then see each other through a video
    connection. This alternative meaning of VRI is not reimbursable
    through TRS funds and does not fall within the definition of VRI
    that is set forth in section 64.601(11) of our rules.[^19]
    Therefore, we clarify here that while the provision of telephone
    relay service utilizing sign language interpreters is reimbursable
    through TRS funds, consistent with the *TRS Order*, charges
    associated with the latter type of sign language services for
    in-person communications are not recoverable. In order to prevent
    any further confusion between these two distinct types of services,
    we hereby change the nomenclature for the service that is
    reimbursable to \"video relay services.\" We believe that this term
    will more accurately reflect the particular type of video TRS to
    which our rules apply.

11. Finally, we correct various typographical errors that would
    otherwise be corrected in an erratum. The corrections are listed
    below:

-   paragraph 9, third bullet: \"encourages\" should be \"encourage\"

-   paragraph 9, fourth bullet: \"modifies\" should be \"modify\"

-   paragraph 26: \"asses\" should be \"assess\"

-   paragraph 90 n. 184: \" \... report filed b the Committee \...\"
    should be \"\... report filed by the Committee \...\"

-   paragraph 96 n. 195: \" \... MCI Rely at 8. \...\" should be \"MCI
    Reply at 8\"

-   paragraph 98 n. 200 and paragraph 171 n. 301: "et seq." should be
    italicized

-   paragraph 112 n. 231: \"the Federation\" should be "The Federation"

-   paragraph 126: \"say\" should be \"remember\"

-   Appendix B, rule 64.604(c)(6)(iv): "paragraph (c)(6)(ii)" should be
    "paragraph (c)(6)(iii)"

12. *Final Regulatory Flexibility Certification*. The Regulatory
    Flexibility Act of 1980, as amended (RFA),[^20] requires that an RFA
    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.\"[^21] The RFA generally defines \"small
    entity\" as having the same meaning as the terms \"small business,\"
    \"small organization,\" and \"small governmental
    jurisdiction.\"[^22] In addition, the term \"small business\" has
    the same meaning as the term \"small business concern\" under the
    Small Business Act.[^23] A small business concern is one which: (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).[^24] As we
    described in the previous, final RFA analysis in this
    proceeding,[^25] we estimate that there are fewer than 11 interstate
    TRS providers that might be affected by our present action.

13. In this Order on Reconsideration we have, among other things,
    amended certain paragraphs of Section 64.604 of our rules. These
    amendments: specify that the rule amendments set forth in the March
    6 *TRS Order* will take effect six months from the date of their
    publication in the Federal Register, rather than after 30 days; set
    a fixed date for the annual submission of certain data to the
    Commission; conform the text of two rules to the Commission\'s
    stated intent in the *TRS Order*; and correct typographical errors.
    For the reasons described below, we certify, pursuant to the RFA,
    that the rules adopted in this Order on Reconsideration will not
    have a significant economic impact on a substantial number of small
    entities. The amendment to extend the date for compliance merely
    maintains the status quo in this context for affected entities; if
    this action can be said to have any affect under the RFA, it is to
    reduce a potential compliance burden for small entities by delaying
    the burden. The setting of a fixed date for the annual submission
    does not alter the nature or frequency of the submission, and we
    believe that the result will only be to facilitate planning on the
    part of affected entities. The amendments to make rule text conform
    to the *TRS Order* text[^26] do not add or subtract from any
    previous requirements, and merely clarify Commission intent. And,
    last, the remaining changes are in the nature of errata. The
    Commission will send a copy of this Order on Reconsideration,
    including this final certification, in a report to Congress pursuant
    to the Small Business Regulatory Enforcement Fairness Act of 1996,
    *see* 5 U.S.C. § 801(a)(1)(A). In addition, the Order on
    Reconsideration and this certification will be sent to the Chief
    Counsel for Advocacy of the Small Business Administration, and will
    be published in the Federal Register. *See* 5 § U.S.C. § 605(b).

14. Accordingly, IT IS ORDERED that, pursuant to authority found in
    sections 1, 4(i), 4(j), 201 -- 205, 218 and 225 of the
    Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i),
    154(j), 201 -- 205, 218 and 225, this Order on Reconsideration IS
    ADOPTED, and Part 64 of the Commission's rules ARE AMENDED as set
    forth in the attached Appendix A.

15. IT IS FURTHER ORDERED that the amendments to sections 64.601 through
    64.605 of the Commission\'s rules (other than the amendments to
    sections 64.604(c)(2) and 64.604(c)(7)) set forth in Appendix B of
    the *TRS Order*, as modified by the amendment thereto adopted in
    this Order and as set forth in Appendix A hereto, shall be effective
    180 days from the date of publication in the Federal Register. The
    amendments to section 64.604(c)(2) of the Commission\'s rules, as
    set forth in Appendix B of the *TRS Order*, shall be effective June
    30, 2000. The amendments to section 64.604(c)(7) of the Commission's
    rules, as set forth in Appendix B of the *TRS Order*, shall be
    effective 30 days from the date of publication in the Federal
    Register. The action contained herein has been analyzed with respect
    to the Paperwork Reduction Act of 1995 and found to impose new or
    modified reporting and/or record keeping requirements or burdens on
    the public. Implementation of these new or modified reporting and/or
    record keeping requirements will be subject to approval by the
    Office of Management and Budget (OMB) as prescribed by the Act, and
    will go into effect upon announcement in the Federal Register of OMB
    approval.

16. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
    Bureau, Reference Information Center, SHALL SEND a copy of this
    Order on Reconsideration, including the Final Regulatory Flexibility
    Certification, to the Chief Counsel for Advocacy of the Small
    Business Administration.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Magalie R. Salas
>
> Secretary

**APPENDIX A**

Part 64, Subpart F of Title 47 of the Code of Federal Regulations is
revised as follows:

**PART 64 - MISCELLANEOUS RULES RELATING TO COMMON CARRIERS**

Subpart F- Telecommunications Relay Services and Related Customer
Premises Equipment for Persons with Disabilities

1.  The authority citation for Part 64 is amended to read as follows:

AUTHORITY: 47 U.S.C. Section 154, 47 U.S.C. Section 225

2\. In Sections 64.601 through 64.604, we revise all references to
"video relay interpreting" to read "video relay services". We also
revise all references to "VRI" to read "VRS".

3\. Section 64.604 is further amended by revising paragraphs (a)(4),
(c)(1) and (c)(6)(iv) to read:

### Section 64.604 Mandatory Minimum Standards {#section-64.604-mandatory-minimum-standards .unnumbered}

\* \* \* \* \*

(a) \* \* \*

\(4\) *Handling of emergency calls*. Providers must use a system for
incoming emergency calls that, at a minimum, automatically and
immediately transfers the caller to the nearest Public Safety Answering
Point (PSAP). In addition, a CA must pass along the caller's telephone
number to the PSAP when a caller disconnects before being connected to
emergency services.

\(c\) \* \* \*

\(1\) *Consumer complaint logs.* (i) States and interstate providers
must maintain a log of consumer complaints including all complaints
about TRS in the state, whether filed with the TRS provider or the
State, and must retain the log until the next application for
certification is granted. The log shall include, at a minimum, the date
the complaint was filed, the nature of the complaint, the date of
resolution, and an explanation of the resolution. (ii) Beginning July 1,
2002, states and TRS providers shall submit summaries of logs indicating
the number of complaints received for the 12-month period ending May 31
to the Commission by July 1 of each year. Summaries of logs submitted to
the Commission on July 1, 2001 shall indicate the number of complaints
received from the date of OMB approval through May 31, 2001.

\(2\) *Contact persons.* (i) States must submit to the Commission a
contact person or office for TRS consumer information and complaints
about intrastate TRS. This submission must include, at a minimum, the
name and address of the state office that receives complaints,
grievances, inquiries and suggestions, voice and TTY telephone numbers,
fax number, e-mail address, and physical address to which correspondence
should be sent. (ii) Providers of interstate TRS and relay providers
having state TRS contracts must submit to the Commission a contact
person or office for TRS consumer information and complaints about the
provider's service. This submission must include, at a minimum, the name
and address of the office that receives complaints, grievances,
inquiries and suggestions, voice and TTY telephone numbers, fax number,
e-mail address, and physical address to which correspondence should be
sent.

\* \* \* \* \*

(6)(iv) The Commission shall resolve within 180 days after the complaint
is filed with the Commission any interstate TRS complaint alleging a
violation of section 225 of the Act or any complaint involving
intrastate relay services in states without a certified program. The
Commission shall resolve intrastate complaints over which it exercises
jurisdiction under paragraph (c)(6)(iii) of this section within 180
days.

# APPENDIX B {#appendix-b .unnumbered}

### Final Rules: The complete text, as amended, of sections 64.601 -- 64.605 in Part 64, Subpart F of Title 47 of the Code of Federal Regulations, is printed below. {#final-rules-the-complete-text-as-amended-of-sections-64.601-64.605-in-part-64-subpart-f-of-title-47-of-the-code-of-federal-regulations-is-printed-below. .unnumbered}

# PART 64 -- MISCELLANEOUS RULES RELATING TO COMMON CARRIERS {#part-64-miscellaneous-rules-relating-to-common-carriers .unnumbered}

Subpart F -- Telecommunications Relay Services and Related Customer
Premises Equipment for Persons with Disabilities

1.  The authority citation for Part 64 is amended to read as follows:

## AUTHORITY: 47 U.S.C. § 154, 47 U.S.C. § 225 {#authority-47-u.s.c.-154-47-u.s.c.-225 .unnumbered}

2.  Sections 64.601 -- 64.605 are revised to read as follows:

§ 64.601 Definitions.

As used in this subpart, the following definitions apply:

\(1\) *American Sign Language (ASL)*. A visual language based on hand
shape, position, movement, and orientation of the hands in relation to
each other and the body.

\(2\) *ASCII*. An acronym for American Standard Code for Information
Interexchange which employs an eight bit code and can operate at any
standard transmission baud rate including 300, 1200, 2400, and higher.

\(3\) *Baudot*. A seven bit code, only five of which are information
bits. Baudot is used by some text telephones to communicate with each
other at a 45.5 baud rate.

\(4\) *Common carrier or carrier*. Any common carrier engaged in
interstate communication by wire or radio as defined in section 3(h) of
the Communications Act of 1934, as amended (the Act), and any common
carrier engaged in intrastate communication by wire or radio,
notwithstanding sections 2(b) and 221(b) of the Act.

\(5\) *Communications assistant (CA)*. A person who transliterates or
interprets conversation between two end users of TRS. CA supersedes the
term \"TDD operator.\"

\(6\) *Hearing carry over (HCO)*. A reduced form of TRS where the person
with the speech disability is able to listen to the other end user and,
in reply, the CA speaks the text as typed by the person with the speech
disability. The CA does not type any conversation.

\(7\) *Telecommunications relay services (TRS)*. Telephone transmission
services that provide the ability for an individual who has a hearing or
speech disability to engage in communication by wire or radio with a
hearing individual in a manner that is functionally equivalent to the
ability of an individual who does not have a hearing or speech
disability to communicate using voice communication services by wire or
radio. Such term includes services that enable two-way communication
between an individual who uses a text telephone or other nonvoice
terminal device and an individual who does not use such a device,
speech-to-speech services, video relay services and non-English relay
services. TRS supersedes the terms \"dual party relay system,\"
\"message relay services, \"and \"TDD Relay.\"

\(8\) *Text telephone (TTY)*. A machine that employs graphic
communication in the transmission of coded signals through a wire or
radio communication system. TTY supersedes the term \"TDD\" or
\"telecommunications device for the deaf,\" and TT.

\(9\) *Voice carry over (VCO)*. A reduced form of TRS where the person
with the hearing disability is able to speak directly to the other end
user. The CA types the response back to the person with the hearing
disability. The CA does not voice the conversation.

\(10\) *Speech-to-speech relay service (STS).* A telecommunications
relay service that allows people with speech disabilities to communicate
with voice telephone users through the use of specially trained CAs who
understand the speech patterns of persons with disabilities and can
repeat the words spoken by that person.

\(11\) *Video relay service (VRS).* A telecommunications relay service
that allows people with hearing or speech disabilities who use sign
language to communicate with voice telephone users through video
equipment. The video link allows the CA to view and interpret the
party's signed conversation and relay the conversation back and forth
with a voice caller.

\(12\) *Non-English language relay service.* A telecommunications relay
service that allows persons with hearing or speech disabilities who use
languages other than English to communicate with voice telephone users
in a shared language other than English, through a CA who is fluent in
that language.

\(13\) *Qualified interpreter*. An interpreter who is able to interpret
effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary.

§ 64.602 Jurisdiction.

Any violation of this subpart by any common carrier engaged in
intrastate communication shall be subject to the same remedies,
penalties, and procedures as are applicable to a violation of the Act by
a common carrier engaged in interstate communication.

§ 64.603 Provision of Services.

Each common carrier providing telephone voice transmission services
shall provide, not later than July 26, 1993, in compliance with the
regulations prescribed herein, throughout the area in which it offers
services, telecommunications relay services, individually, through
designees, through a competitively selected vendor, or in concert with
other carriers. Speech-to-speech relay service and interstate Spanish
language relay service shall be provided by March 1, 2001. A common
carrier shall be considered to be in compliance with these regulations:

\(a\) With respect to intrastate telecommunications relay services in
any state that does not have a certified program under § 64.605 and with
respect to interstate telecommunications relay services, if such common
carrier (or other entity through which the carrier is providing such
relay services) is in compliance with § 64.604; or

\(b\) With respect to intrastate telecommunications relay services in
any state that has a certified program under § 64.605 for such state, if
such common carrier (or other entity through which the carrier is
providing such relay services) is in compliance with the program
certified under § 64.605 for such state.

§ 64.604 Mandatory Minimum Standards.

(a) *Operational standards.*

\(1\) *Communications assistant (CA)*. TRS providers are responsible for
requiring that CAs be sufficiently trained to effectively meet the
specialized communications needs of individuals with hearing and speech
disabilities; and that CAs have competent skills in typing, grammar,
spelling, interpretation of typewritten ASL, and familiarity with
hearing and speech disability cultures, languages and etiquette. CAs
must possess clear and articulate voice communications. CAs must provide
a typing speed of a minimum of 60 words per minute. Technological aids
may be used to reach the required typing speed. Providers must give
oral-to-type tests of CA speed. TRS providers are responsible for
requiring that VRS CAs are qualified interpreters. A "qualified
interpreter" is able to interpret effectively, accurately, and
impartially, both receptively and expressively, using any necessary
specialized vocabulary.

(2*) Confidentiality and conversation content.* (i) Except as authorized
by section 705 of the Communications Act, 47 U.S.C. § 605, CAs are
prohibited from disclosing the content of any relayed conversation
regardless of content, and with a limited exception for STS CAs, from
keeping records of the content of any conversation beyond the duration
of a call, even if to do so would be inconsistent with state or local
law. STS CAs may retain information from a particular call in order to
facilitate the completion of consecutive calls, at the request of the
user. The caller may request the STS CA to retain such information, or
the CA may ask the caller if he wants the CA to repeat the same
information during subsequent calls. The CA may retain the information
only for as long as it takes to complete the subsequent calls. (ii) CAs
are prohibited from intentionally altering a relayed conversation and,
to the extent that it is not inconsistent with federal, state or local
law regarding use of telephone company facilities for illegal purposes,
must relay all conversation verbatim unless the relay user specifically
requests summarization, or if the user requests interpretation of an ASL
call. An STS CA may facilitate the call of an STS user with a speech
disability so long as the CA does not interfere with the independence of
the user, the user maintains control of the conversation, and the user
does not object. Appropriate measures must be taken by relay providers
to ensure that confidentiality of VRS users is maintained.

\(3\) *Types of calls.* Consistent with the obligations of common
carrier operators, CAs are prohibited from refusing single or sequential
calls or limiting the length of calls utilizing relay services. TRS
shall be capable of handling any type of call normally provided by
common carriers and the burden of proving the infeasibility of handling
any type of call will be placed on the carriers. Providers of TRS are
permitted to decline to complete a call because credit authorization is
denied.

\(4\) *Handling of emergency calls*. Providers must use a system for
incoming emergency calls that, at a minimum, automatically and
immediately transfers the caller to the nearest Public Safety Answering
Point (PSAP). In addition, a CA must pass along the caller's telephone
number to the PSAP when a caller disconnects before being connected to
emergency services.

\(5\) *In-call replacement of CAs.* CAs answering and placing a
TTY-based TRS or VRS call must stay with the call for a minimum of ten
minutes. CAs answering and placing an STS call must stay with the call
for a minimum of fifteen minutes.

\(6\) *CA gender preferences.* TRS providers must make best efforts to
accommodate a TRS user's requested CA gender when a call is initiated
and, if a transfer occurs, at the time the call is transferred to
another CA.

\(7\) *STS called numbers.* Relay providers must offer STS users the
option to maintain at the relay center a list of names and telephone
numbers which the STS user calls. When the STS user requests one of
these names, the CA must repeat the name and state the telephone number
to the STS user. This information must be transferred to any new STS
provider.

\(b\) *Technical standards.*

\(1\) *ASCII and Baudot.* TRS shall be capable of communicating with
ASCII and Baudot format, at any speed generally in use.

\(2\) *Speed of answer.* TRS shall include adequate staffing to provide
callers with efficient access under projected calling volumes, so that
the probability of a busy response due to CA unavailability shall be
functionally equivalent to what a voice caller would experience in
attempting to reach a party through the voice telephone network. TRS
shall, except during network failure, answer 85% of all calls within 10
seconds by any method which results in the caller's call immediately
being placed, not put in a queue or on hold. The ten seconds begins at
the time the call is delivered to the TRS center's network. The call is
considered delivered when the relay center's equipment accepts the call
from the local exchange carrier and the public switched network actually
delivers the call to the TRS center. Abandoned calls shall be included
in the speed-of-answer calculation. A provider's compliance with this
rule shall be measured on a daily basis. The system shall be designed to
a P.01 standard. A LEC shall provide the call attempt rates and the
rates of calls blocked between the LEC and the relay center to relay
administrators and relay centers upon request.

\(3\) *Equal access to interexchange carriers.* TRS users shall have
access to their chosen interexchange carrier through the TRS, and to all
other operator services, to the same extent that such access is provided
to voice users.

\(4\) *TRS facilities.* TRS shall operate every day, 24 hours a day. TRS
shall have redundancy features functionally equivalent to the equipment
in normal central offices, including uninterruptible power for emergency
use. TRS shall transmit conversations between TTY and voice callers in
real time. Adequate network facilities shall be used in conjunction with
TRS so that under projected calling volume the probability of a busy
response due to loop trunk congestion shall be functionally equivalent
to what a voice caller would experience in attempting to reach a party
through the voice telephone network. Relay services that are not
mandated by this Commission are not required to be provided every day,
24 hours a day.

\(5\) *Technology*. No regulation set forth in this subpart is intended
to discourage or impair the development of improved technology that
fosters the availability of telecommunications to person with
disabilities. VCO and HCO technology are required to be standard
features of TRS.

\(6\) *Voice mail and interactive menus*. CAs must alert the TRS user to
the presence of a recorded message and interactive menu through a hot
key on the CA's terminal. The hot key will send text from the CA to the
consumer's TTY indicating that a recording or interactive menu has been
encountered. Relay providers shall electronically capture recorded
messages and retain them for the length of the call. Relay providers may
not impose any charges for additional calls which must be made by the
relay user in order to complete calls involving recorded or interactive
messages. Relay services shall be capable of handling pay-per-call
calls.

\(c\) *Functional standards.*

(1)*Consumer complaint logs.* (i) States and interstate providers must
maintain a log of consumer complaints including all complaints about TRS
in the state, whether filed with the TRS provider or the State, and must
retain the log until the next application for certification is granted.
The log shall include, at a minimum, the date the complaint was filed,
the nature of the complaint, the date of resolution, and an explanation
of the resolution. (ii) Beginning July 1, 2002, states and TRS providers
shall submit summaries of logs indicating the number of complaints
received for the 12-month period ending May 31 to the Commission by July
1 of each year. Summaries of logs submitted to the Commission on July 1,
2001 shall indicate the number of complaints received from the date of
OMB approval through May 31, 2001.

\(2\) *Contact persons.* (i) States must submit to the Commission a
contact person or office for TRS consumer information and complaints
about intrastate TRS. This submission must include, at a minimum, the
name and address of the state office that receives complaints,
grievances, inquiries and suggestions, voice and TTY telephone numbers,
fax number, e-mail address, and physical address to which correspondence
should be sent.

(2)(ii) Providers of interstate TRS and relay providers having state TRS
contracts must submit to the Commission a contact person or office for
TRS consumer information and complaints about the provider's service.
This submission must include, at a minimum, the name and address of the
office that receives complaints, grievances, inquiries and suggestions,
voice and TTY telephone numbers, fax number, e-mail address, and
physical address to which correspondence should be sent.

\(3\) *Public access to information.* Carriers, through publication in
their directories, periodic billing inserts, placement of TRS
instructions in telephone directories, through directory assistance
services, and incorporation of TTY numbers in telephone directories,
shall assure that callers in their service areas are aware of the
availability and use of all forms of TRS. Efforts to educate the public
about TRS should extend to all segments of the public, including
individuals who are hard of hearing, speech disabled, and senior
citizens as well as members of the general population.

\(4\) *Rates.* TRS users shall pay rates no greater than the rates paid
for functionally equivalent voice communication services with respect to
such factors as the duration of the call, the time of day, and the
distance from the point of origination to the point of termination.

\(5\) *Jurisdictional separation of costs.*

\(i\) *General*. Where appropriate, costs of providing TRS shall be
separated in accordance with the jurisdictional separation procedures
and standards set forth in the Commission\'s regulations adopted
pursuant to § 410 of the Communications Act of 1934, as amended.

\(ii\) *Cost recovery*. Costs caused by interstate TRS shall be
recovered from all subscribers for every interstate service, utilizing a
shared-funding cost recovery mechanism. Except as noted below with
respect to VRS, costs caused by intrastate TRS shall be recovered from
the intrastate jurisdiction. In a state that has a certified program
under § 64.605, the state agency providing TRS shall, through the
state\'s regulatory agency, permit a common carrier to recover costs
incurred in providing TRS by a method consistent with the requirements
of this section. Costs caused by the provision of interstate and
intrastate VRS shall be recovered from all subscribers for every
interstate service, utilizing a shared-funding cost recovery mechanism.

\(iii\) *Telecommunications Relay Services Fund*. Effective July 26,
1993, an Interstate Cost Recovery Plan, hereinafter referred to as the
TRS Fund, shall be administered by an entity selected by the Commission
(administrator). The initial administrator, for an interim period, will
be the National Exchange Carrier Association, Inc.

\(A\) *Contributions.* Every carrier providing interstate
telecommunications services shall contribute to the TRS Fund on the
basis of interstate end-user telecommunications revenues as described
herein. Contributions shall be made by all carriers who provide
interstate services, including, but not limited to, cellular telephone
and paging, mobile radio, operator services, personal communications
service (PCS), access (including subscriber line charges), alternative
access and special access, packet-switched, WATS, 800, 900, message
telephone service (MTS), private line, telex, telegraph, video,
satellite, intraLATA, international and resale services.

\(B\) *Contribution computations.* Contributors\' contribution to the
TRS fund shall be the product of their subject revenues for the prior
calendar year and a contribution factor determined annually by the
Commission. The contribution factor shall be based on the ratio between
expected TRS Fund expenses to interstate end-user telecommunications
revenues. In the event that contributions exceed TRS payments and
administrative costs, the contribution factor for the following year
will be adjusted by an appropriate amount, taking into consideration
projected cost and usage changes. In the event that contributions are
inadequate, the fund administrator may request authority from the
Commission to borrow funds commercially, with such debt secured by
future years' contributions. Each subject carrier must contribute at
least \$25 per year. Carriers whose annual contributions total less than
\$1,200 must pay the entire contribution at the beginning of the
contribution period. Service providers whose contributions total \$1,200
or more may divide their contributions into equal monthly payments.
Carriers shall complete and submit, and contributions shall be based on,
a "Telecommunications Reporting Worksheet" (as published by the
Commission in the Federal Register). The worksheet shall be certified to
by an officer of the contributor, and subject to verification by the
Commission or the administrator at the discretion of the Commission.
Contributors\' statements in the worksheet shall be subject to the
provisions of § 220 of the Communications Act of 1934, as amended. The
fund administrator may bill contributors a separate assessment for
reasonable administrative expenses and interest resulting from improper
filing or overdue contributions. The Chief of the Common Carrier Bureau
may waive, reduce, modify or eliminate contributor reporting
requirements that prove unnecessary and require additional reporting
requirements that the Bureau deems necessary to the sound and efficient
administration of the TRS Fund.

\(C\) *Data collection from TRS Providers*. TRS providers shall provide
the administrator with true and adequate data necessary to determine TRS
fund revenue requirements and payments. TRS providers shall provide the
administrator with the following: total TRS minutes of use, total
interstate TRS minutes of use, total TRS operating expenses and total
TRS investment in general accordance with Part 32 of the Communications
Act, and other historical or projected information reasonably requested
by the administrator for purposes of computing payments and revenue
requirements. The administrator and the Commission shall have the
authority to examine, verify and audit data received from TRS providers
as necessary to assure the accuracy and integrity of fund payments.

\(D\) The TRS Fund will be subject to a yearly audit performed by an
independent certified accounting firm or the Commission, or both.

\(E\) *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. 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 TRS Fund
administrator shall make payments only to eligible TRS providers
operating pursuant to the mandatory minimum standards as required in §
64.604, 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 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.

\(F\) TRS providers eligible for receiving payments from the TRS Fund
are:

\(1\) TRS facilities operated under contract with and/or by certified
state TRS programs pursuant to § 64.605; or

\(2\) TRS facilities owned by or operated under contract with a common
carrier providing interstate services operated pursuant to § 64.604; or

\(3\) Interstate common carriers offering TRS pursuant to § 64.604.

\(G\) Any eligible TRS provider as defined in paragraph (c)(5)(iii) (F)
of this section shall notify the administrator of its intent to
participate in the TRS Fund thirty (30) days prior to submitting reports
of TRS interstate minutes of use in order to receive payment settlements
for interstate TRS, and failure to file may exclude the TRS provider
from eligibility for the year.

\(H\) *Administrator reporting, monitoring, and filing requirements.*
The administrator shall perform all filing and reporting functions
required under paragraphs (c)(5)(iii) (A) through (J) of this section.
TRS payment formulas and revenue requirements shall be filed with the
Commission on May 1 of each year, to be effective for a one-year period
beginning the following July 1. The administrator shall report annually
to the Commission an itemization of monthly administrative costs which
shall consist of all expenses, receipts, and payments associated with
the administration of TRS Fund. The administrator is required to keep
the TRS Fund separate from all other funds administered by the
administrator, shall file a cost allocation manual (CAM), and shall
provide the Commission full access to all data collected pursuant to the
administration of the TRS Fund. The administrator shall establish a
non-paid, voluntary advisory committee of persons from the hearing and
speech disability community, TRS users (voice and text telephone),
interstate service providers, state representatives, and TRS providers,
which will meet at reasonable intervals (at least semi-annually) in
order to monitor TRS cost recovery matters. Each group shall select its
own representative to the committee. The administrator\'s annual report
shall include a discussion of advisory committee deliberations.

\(I\) *Information filed with the administrator.* The administrator
shall keep all data obtained from contributors and TRS providers
confidential and shall not disclose such data in company-specific form
unless directed to do so by the Commission. Subject to any restrictions
imposed by the Chief of the Common Carrier Bureau, the TRS Fund
administrator may share data obtained from carriers with the
administrators of the universal support mechanisms (*See* 47 C.F.R. §
54.701), the North American Numbering Plan administration cost recovery
(*See* 47 C.F.R. § 52.16), and the long-term local number portability
cost recovery (*See* 47 C.F.R. § 52.32). The TRS Fund administrator
shall keep confidential all data obtained from other administrators. The
administrator shall not use such data except for purposes of
administering the TRS Fund, calculating the regulatory fees of
interstate common carriers, and aggregating such fee payments for
submission to the Commission. The Commission shall have access to all
data reported to the administrator, and authority to audit TRS
providers. Contributors may make requests for Commission nondisclosure
of company-specific revenue information under § 0.459 of this Chapter by
so indicating on the Telecommunications Reporting Worksheet at the time
that the subject data are submitted. The Commission shall make all
decisions regarding nondisclosure of company-specific information.

\(J\) The administrator\'s performance and this plan shall be reviewed
by the Commission after two years.

\(K\) All parties providing services or contributions or receiving
payments under this section are subject to the enforcement provisions
specified in the Communications Act, the Americans with Disabilities
Act, and the Commission\'s rules.

\(6\) *Complaints*.

\(i\) *Referral of complaint.* If a complaint to the Commission alleges
a violation of this subpart with respect to intrastate TRS within a
state and certification of the program of such state under § 64.605 is
in effect, the Commission shall refer such complaint to such state
expeditiously.

\(ii\) Intrastate complaints shall be resolved by the state within 180
days after the complaint is first filed with a state entity, regardless
of whether it is filed with the state relay administrator, a state PUC,
the relay provider, or with any other state entity.

\(iii\) *Jurisdiction of Commission.* After referring a complaint to a
state entity under paragraph (c)(6)(i) of this section, or if a
complaint is filed directly with a state entity, the Commission shall
exercise jurisdiction over such complaint only if:

\(A\) Final action under such state program has not been taken within:

\(1\) 180 days after the complaint is filed with such state entity; or

\(2\) A shorter period as prescribed by the regulations of such state;
or

\(B\) The Commission determines that such state program is no longer
qualified for certification under § 64.605.

\(iv\) The Commission shall resolve within 180 days after the complaint
is filed with the Commission any interstate TRS complaint alleging a
violation of section 225 of the Act or any complaint involving
intrastate relay services in states without a certified program. The
Commission shall resolve intrastate complaints over which it exercises
jurisdiction under paragraph (c)(6)(iii) of this section within 180
days.

*(v) Complaint Procedures*. Complaints against TRS providers for alleged
violations of this subpart may be either informal or formal.

\(A\) *Informal Complaints*.

\(1\) Form. An informal complaint may be transmitted to the Consumer
Information Bureau by any reasonable means, such as letter, facsimile
transmission, telephone (voice/TRS/TTY), Internet e-mail, or some other
method that would best accommodate a complainant's hearing or speech
disability.

\(2\) Content. An informal complaint shall include the name and address
of the complainant; the name and address of the TRS provider against
whom the complaint is made; a statement of facts supporting the
complainant's allegation that the TRS provided it has violated or is
violating § 225 of the Act and/or requirements under the Commission's
rules; the specific relief or satisfaction sought by the complainant;
and the complainant's preferred format or method of response to the
complaint by the Commission and the defendant TRS provider (such as
letter, facsimile transmission, telephone (voice/TRS/TTY), Internet
e-mail, or some other method that would best accommodate the
complainant's hearing or speech disability).

\(3\) Service; designation of agents. The Commission shall promptly
forward any complaint meeting the requirements of this subsection to the
TRS provider named in the complaint. Such TRS provider shall be called
upon to satisfy or answer the complaint within the time specified by the
Commission. Every TRS provider shall file with the Commission a
statement designating an agent or agents whose principal responsibility
will be to receive all complaints, inquiries, orders, decisions, and
notices and other pronouncements forwarded by the Commission. Such
designation shall include a name or department designation, business
address, telephone number (voice and TTY), facsimile number and, if
available, internet e-mail address.

\(B\) *Review and disposition of informal complaints.*

\(1\) Where it appears from the TRS provider's answer, or from other
communications with the parties, that an informal complaint has been
satisfied, the Commission may, in its discretion, consider the matter
closed without response to the complainant or defendant. In all other
cases, the Commission shall inform the parties of its review and
disposition of a complaint filed under this subpart. Where practicable,
this information shall be transmitted to the complainant and defendant
in the manner requested by the complainant *(e.g.,* letter, facsimile
transmission, telephone (voice/TRS/TTY) or Internet e-mail.

\(2\) A complainant unsatisfied with the defendant's response to the
informal complaint and the staff's decision to terminate action on the
informal complaint may file a formal complaint with the Commission
pursuant to subsection (v)(C) below.

\(C\) *Formal Complaints.* A formal complaint shall be in writing,
addressed to the Federal Communications Commission, Enforcement Bureau,
Telecommunications Consumer Division, Washington, D.C. 20554 and shall
contain:

\(1\) The name and address of the complainant,

\(2\) The name and address of the defendant against whom the complaint
is made,

\(3\) A complete statement of the facts, including supporting data,
where available, showing that such defendant did or omitted to do
anything in contravention of this subpart, and

\(4\) The relief sought.

\(D\) *Amended complaints.* An amended complaint setting forth
transactions, occurrences or events which have happened since the filing
of the original complaint and which relate to the original cause of
action may be filed with the Commission.

\(E\) *Number of copies.* An original and two copies of all pleadings
shall be filed.

\(F\) *Service*.

\(1\) Except where a complaint is referred to a state pursuant to
§64.604(c)(6)(i), or where a complaint is filed directly with a state
entity, the Commission will serve on the named party a copy of any
complaint or amended complaint filed with it, together with a notice of
the filing of the complaint. Such notice shall call upon the defendant
to satisfy or answer the complaint in writing within the time specified
in said notice of complaint.

\(2\) All subsequent pleadings and briefs shall be served by the filing
party on all other parties to the proceeding in accordance with the
requirements of § 1.47 of this chapter. Proof of such service shall also
be made in accordance with the requirements of said section.

\(G\) *Answers to complaints and amended complaints.* Any party upon
whom a copy of a complaint or amended complaint is served under this
subpart shall serve an answer within the time specified by the
Commission in its notice of complaint. The answer shall advise the
parties and the Commission fully and completely of the nature of the
defense and shall respond specifically to all material allegations of
the complaint. In cases involving allegations of harm, the answer shall
indicate what action has been taken or is proposed to be taken to stop
the occurrence of such harm. Collateral or immaterial issues shall be
avoided in answers and every effort should be made to narrow the issues.
Matters alleged as affirmative defenses shall be separately stated and
numbered. Any defendant failing to file and serve an answer within the
time and in the manner prescribed may be deemed in default.

\(H\) *Replies to answers or amended answers.* Within 10 days after
service of an answer or an amended answer, a complainant may file and
serve a reply which shall be responsive to matters contained in such
answer or amended answer and shall not contain new matter. Failure to
reply will not be deemed an admission of any allegation contained in
such answer or amended answer.

\(I\) *Defective pleadings.* Any pleading filed in a complaint
proceeding that is not in substantial conformity with the requirements
of the applicable rules in this subpart may be dismissed.

*(7) Treatment of TRS customer information*. All future contracts
between the TRS administrator and the TRS vendor shall provide for the
transfer of TRS customer profile data from the outgoing TRS vendor to
the incoming TRS vendor. Such data must be disclosed in usable form at
least 60 days prior to the provider's last day of service provision.
Such data may not be used for any purpose other than to connect the TRS
user with the called parties desired by that TRS user. Such information
shall not be sold, distributed, shared or revealed in any other way by
the relay center or its employees, unless compelled to do so by lawful
order.

§ 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, Common
Carrier 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 §
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 § 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 § 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 TRS program
continues to meet federal minimum standards after implementing the
substantive change.

[^1]: Telecommunications Relay Services and Speech-to-Speech Services
    for Individuals with Hearing and Speech Disabilities, Report and
    Order and Further Notice of Proposed Rulemaking, CC Docket No.
    98-67, FCC No. 00-56 (rel. March 6, 2000)(*TRS Order*).

[^2]: 47 U.S.C. § 225(a)(3).

[^3]: *Id.* at § 225(b).

[^4]: *See* 47 C.F.R. § 64.601 *et. seq.*

[^5]: *TRS Order* at para. 154. Other implementation dates were
    established for a few specific items; for example, March 1, 2001 is
    the final date by which Speech-to-Speech relay service must be made
    available. *Id.* at para. 17.

[^6]: *See, e.g.,* Ex Parte Comments of AT&T, filed March 31, 2000, at
    1-2; Ex Parte Comments of Kansas Relay Service, Inc., filed April 5,
    2000; Ex Parte Comments of the Maryland Department of Budget and
    Management, filed March 31, 2000, at 1-2; Ex Parte Comments of the
    South Carolina Public Service Commission, filed March 30, 2000 at
    1-2**.** These or similar concerns were also expressed during the
    TRS Forum held by the Commission on March 10, 2000.

[^7]: *TRS Order* at para. 121.

[^8]: *TRS Order* at paras. 112 -- 113.

[^9]: *Id.* at App. B, rule 64.604(c)(2)("Contact persons").

[^10]: *Id.* at para. 100.

[^11]: *Id.* at App. B, rule 64.604(a)(4)("Handling of emergency
    calls").

[^12]: *Id.* at para. 100.

[^13]: To deliver efficient relay service, relay providers generally
    develop databases of information on frequent relay customers'
    preferences. Data typically included in the customer profile
    includes a customer's blocking preferences, speed dial numbers, long
    distance carrier of choice, and specific instructions to follow on
    every call. *TRS Order* at para. 77 n. 157 (citing Ex Parte Comments
    of the Wisconsin Department of Administration, filed November 16,
    199, at 1-2).

[^14]: *TRS Order* at para. 82 and rule 64.604(c)(7)("Treatment of TRS
    customer information"). Such data must be transferred in usable form
    at least 60 days prior to the provider's last day of service, in
    order to ensure minimum disruptions to customers' calls. *Id.*

[^15]: *TRS Order* at para. 82. Sprint has stated that it collects
    customer profile information using automated processes to provide
    more efficient relay service. Sprint Reply at 5 - 6.

[^16]: *See* 47 U.S.C. § 255; 47 C.F.R. § 6.16.

[^17]: Of course, parties desiring a more formal adjudication of a TRS
    complaint have the option of filing a "formal" complaint in the
    manner specified in the amended rules in the first instance.

[^18]: The Act gives the Commission, and its staff pursuant to delegated
    authority, broad discretion to inquire into or investigate acts or
    omissions by parties subject to the Act's requirements. *See, e.g*.,
    sections 4(i) and 403 of the Act, 47 U.S.C. § 4(i), 403.

[^19]: 47 C.F.R. § 64.601(11).

[^20]:  The RFA, *see* § 5 U.S.C. S 601 *et. seq*., has been amended by
    the Contract With America Advancement Act of 1996, Pub. L. No.
    104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).

[^21]:  5 U.S.C. § 605(b).

[^22]:  5 U.S.C. § 601(6).

[^23]:  5 U.S.C. § 601(3) (incorporating by reference the definition of
    \"small business concern\" in Small Business Act, 15 U.S.C. S §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies \"unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register.\"

[^24]:  Small Business Act, § 15 U.S.C. S 632.

[^25]: *TRS Order* at Appendix C.

[^26]: *See* paragraphs 5-8, *supra*.