> DA No. 00-2383
>
> Released October 23, 2000

ENFORCEMENT BUREAU ISSUES LETTER IN SUPPORT OF INITIATIVES BY THE
MARYLAND PUBLIC SERVICE COMMISSION TO PROMOTE COMPLIANCE WITH FCC RULES
PERTAINING TO TELECOMMUNICATIONS RELAY SERVICES

The Enforcement Bureau issued a letter dated October 19, 2000, to the
Maryland Public Service Commission (Maryland PSC) concerning the equal
access obligations of interexchange carriers under the Commission's
rules pertaining to telecommunications relay service (TRS). The rules
provide that "TRS users shall have access to their chosen interexchange
carrier through TRS, and to all other operator services, to the same
extent that such access is provided to voice users." 47 C.F.R. §
64.604(b)(3). TRS allows individuals with hearing or speech disabilities
to communicate by telephone with individuals who may or may not have
such disabilities. The facilities through which TRS calls are routed are
operated by TRS "providers" and have have special equipment for
receiving and processing voice and text calls. Those facilities are
staffed by communications assistants (CAs) who relay conversations
between the caller and the called party by either speaking or typing
text.

In its letter to the Maryland PSC, the Enforcement Bureau strongly urged
interexchange carriers (IXCs) that do not currently offer TRS access in
states where they offer service to make the necessary arrangements to
ensure that TRS users can access their services. The Bureau warned that
a carrier's failure to take appropriate steps to enable access to its
service by TRS users may lead to monetary forfeitures or other
enforcement actions by the Commission. In addition, the Bureau noted
that section 255 of the Communications Act and Part 6 of the FCC's rules
place an obligation on all manufacturers of telecommunications equipment
and providers of telecommunications service to ensure that their
telecommunications products and services are "accessible to and usable
by" persons with disabilities to the extent readily achievable. *See* 47
U.S.C. § 255; 47 C.F.R. § 6.1 *et seq*. The Bureau stated that section
255 of the Act could serve as an independent basis for enforcement
action.

A copy of the letter is attached.

By the Chief, Enforcement Bureau

FOR FURTHER INFORMATION CONTACT: Thomas Wyatt at (202) 418-00963
(voice), (202) 418-8233 (TTY) or Suzanne Perrin at (202) 418-2874
(voice), (202) 418-1085 (TTY).

October 19, 2000

Ms. Susan Miller, General Counsel

Maryland Public Service Commission

6 St. Paul Street

Baltimore, Maryland 21202-6806

Re: Informal Request for a Letter Regarding the Obligation of Common
Carriers Under Section 64.604(b)(3) of the Commission's Rules

Dear Ms. Miller:

This responds to your informal request for a letter from the Enforcement
Bureau regarding the obligation of common carriers under Section
64.604(b)(3) of the FCC's rules pertaining to equal access to
interexchange carriers by users of telecommunications relay service
(TRS). As you know, section 64.604(b)(3) of the rules states that "TRS
users shall have access to their chosen interexchange carrier through
TRS, and to all other operator services, to the same extent that such
access is provided to voice users." 47 C.F.R. § 64.604(b)(3).

During a meeting with staff of the Enforcement Bureau's
Telecommunications Consumer Division (TCD), you noted that of the
approximately 350 interexchange carriers operating in Maryland, fewer
than 25 of these carriers currently can be accessed by TRS users in the
state. You also noted that many carriers in the state appear to be
unaware of the equal access requirement for TRS or uncertain about the
steps they need to take in order to make their services accessible to
TRS users. In this regard, you indicated that a letter from the FCC
reminding carriers of their obligations, and of possible consequences of
non-compliance, would help achieve greater TRS compliance within the
state. The Enforcement Bureau appreciates the opportunity to support the
MPSC's efforts to promote compliance with FCC rules pertaining to access
to interexchange carriers by TRS users.

As discussed in more detail below, we strongly urge IXCs that do not
currently offer access to TRS users to contact the TRS provider or
providers in states where they offer service and make the necessary
arrangements to ensure that their services can be accessed by TRS
users.[^1] We note that TRS providers, pursuant to their service
contracts with state relay administrators, have facilities and
procedures in place for routing TRS calls to the carriers of choice
designated by TRS users. In order for a TRS user to designate a carrier
of choice, however, the desired carrier must have the capability to
accept the call from the TRS Provider, complete it to its destination
and obtain sufficient information to accurately rate and bill the call
to the TRS caller.[^2] In this regard, we note that carriers typically
provide long distance services in designated areas in one of two basic
ways. A carrier can build or lease facilities that interconnect with
local exchange carrier (LEC) switching facilities, thereby enabling the
carrier to transport calls to and from end user customers in the area.
Alternatively, an IXC may elect to purchase and resell the services of
another IXC operating in the area which already has the necessary
transport capability. Thus, in those instances when IXCs elect not to
interconnect with LEC facilities that serve the TRS provider's
facilities, resale of another IXCs services may be a cost efficient
alternative for obtaining connectivity with the TRS center for purposes
of completing calls placed by TRS users. In any case, it is incumbent on
the IXC to contact the TRS provider and ensure that the TRS Provider has
sufficient information about the IXC's network and billing requirements
to properly route TRS calls to the IXC.

The Commission previously emphasized the importance of the equal access
requirement in section 64.604(b)(3) in a Report and Order amending its
rules and policies pertaining to TRS.[^3] The Commission stated that the
equal access requirement is critical "to ensuring that persons with
hearing and speech disabilities who rely on TRS can realize the full
benefits of an increasingly competitive telecommunications marketplace."
*See* *TRS Report and Order* at ¶ 85*.* In addition, the Commission's
Common Carrier Bureau released a Public Notice in September 1999 in
which it reminded carriers of their equal access obligation under
Section 64.604(b)(3). The Bureau noted that "\[v\]arious competitive
telecommunications services are continuing to enter the
telecommunications market. To realize the full benefits of such
competition, TRS users must have equal access to the public switched
network to the same extent as non-TRS users." The Common Carrier Bureau
admonished carriers to "take appropriate measures to ensure that callers
in the areas that they serve have access to their services through
TRS."[^4]

Notwithstanding the warnings to carriers in the March *2000 TRS Report
and Order* and the Common Carrier Bureau's September 1999 Public Notice,
it is clear that TRS users in many states do not currently have the same
access to their carrier of choice as non-TRS users. The Bureau has heard
from representatives in Maryland and other states that TRS users are
often unable to place TRS calls through their chosen carrier or are
unable to make \"dial-around\" calls using a carrier-specific access
code. The Commission previously stated, "\[i\]f TRS users are not able
to use their carrier of choice and are forced to select an alternative
provider, they may pay rates that are higher than those charged by their
preferred carrier, or may not have access to particular services."[^5]
This result is contrary to the Americans with Disabilities Act and the
Commission\'s TRS rules. *See* 47 U.S.C. § 225(c); 47 C.F.R. §§ 64.603,
64.604(b)(3).

As the Commission emphasized in the *TRS Report and Order,* a carrier's
failure to take appropriate steps to enable access to its service by TRS
users may lead to monetary forfeitures[^6] or other enforcement actions
by the Commission. In addition, we note that section 255 of the
Communications Act and Part 6 of the FCC's rules place an obligation on
all manufacturers of telecommunications equipment and providers of
telecommunications service to ensure that their telecommunications
products and services are "accessible to and usable by" persons with
disabilities to the extent readily achievable.[^7] Section 255 could
serve as an independent basis for enforcement action.

We trust that this letter is responsive to your request and will bolster
and support access for TRS users in your state. Please note that Thomas
Wyatt of the Enforcement Bureau's Telecommunications Consumer Division
is the Enforcement Bureau's principal contact for TRS compliance
matters. He may be reached at (202) 418-0963 (voice) or (202) 418-8233
(TTY).

Sincerely,

David H. Solomon

Chief, Enforcement Bureau

[^1]: Some TRS Providers have informally reported to Enforcement Bureau
    staff that they have specific information and procedures in place to
    inform or educate carriers about the requirements for making their
    services accessible to TRS users. We note further that this
    information is posted on the web sites of some TRS Providers.

[^2]: If an IXC requested by the TRS caller has not made the necessary
    arrangements with the TRS Provider, the caller must select an
    alternate carrier or is defaulted to a carrier which has the
    capability to carry the call placed from the TRS Provider, often at
    rates that are higher than those that would have been charged by the
    carrier requested by the TRS caller.

[^3]: *Telecommunications Relay Services for Individuals with Hearing
    and Speech Disabilities, and the Americans with Disabilities Act of
    1990, Report and Order and Further Notice of Proposed Rulemaking*,
    CC Docket No. 98-67 (FCC No. 00-56) (March 6, 2000) (*TRS Report and
    Order*) (rules amended to expand the kinds of relay service
    available to consumers and improve the quality of relay services).

[^4]: *See* *Common Carrier Bureau Reminds Carriers of Their Obligation
    to provide Access to their Telecommunications Services via TRS*,
    Public Notice, DA-99-1871 (Com.Car.Bur. rel. Sept. 14, 1999).

[^5]: *See TRS Report and Order* at ¶ 85.

[^6]: The Communications Act gives the Commission, and its staff
    pursuant to delegated authority, broad powers to inquire into or
    investigate the activities and practices of parties who are subject
    to the Act's requirements. *See, e.g.,* sections 4(i) and 403 of the
    Act, 47 U.S.C. §§ 154(i), 403. In addition, section 503(b) of the
    Act authorizes the Commission to assess monetary forfeitures against
    common carriers of up to one hundred thousand dollars for each
    violation, or day of a continuing violation, up to a statutory
    maximum of one million dollars for a single act or failure to act.
    47 U.S.C. § 503(b). *See also* 47 C.F.R. § 1.80(b)(5) (inflation
    adjustments to the maximum forfeiture amount).

[^7]: *See* 47 U.S.C. § 255; 47 C.F.R. §§ 6.1 *et seq*.