**Before the**

Federal Communications Commission

Washington, D.C. 20554

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| In the Matters of                | * | WC Docket No. 04-36          |
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| IP-Enabled Services              | ) | WT Docket No. 96-198         |
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| Implementation of Sections 255   | * | CG Docket No. 03-123         |
| and 251(a)(2) of The             |   |                              |
| Communications Act of 1934, as   | * | CC Docket No. 92-105         |
| Enacted by The                   | * |                              |
| Telecommunications Act of 1996:  | ) |                              |
| Access to Telecommunications     | * |                              |
| Service, Telecommuni-cations     | * |                              |
| Equipment and Customer Premises  |   |                              |
| Equipment by Persons with        | * |                              |
| Disabilities                     | * |                              |
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| Telecommunications Relay         | * |                              |
| Services and Speech-to-Speech    | * |                              |
| Services for Individuals with    |   |                              |
| Hearing and Speech Disabilities  | * |                              |
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+----------------------------------+---+------------------------------+

ORDER

**Adopted: April 04, 2008 Released: April 04, 2008**

By the Chief, Consumer & Governmental Affairs Bureau:

# introduction

1.  In the *2007 VoIP TRS Order*,[^1] the Commission extended the
    telecommunications relay service (TRS)[^2] requirements contained in
    Part 64 of the Commission's rules to providers of interconnected
    voice over Internet Protocol (VoIP) services.[^3] Among the
    requirements extended to interconnected VoIP providers was the
    obligation to offer 711 abbreviated dialing access to traditional
    relay services via a voice telephone or a text telephone (TTY).[^4]
    Following release of the *2007 VoIP TRS Order*, several parties
    filed petitions for waiver raising issues concerning (1) the ability
    of *interconnected VoIP providers* to route the inbound leg of a
    711-dialed call to an appropriate TRS provider, particularly when
    the caller's telephone number does not correspond to the caller's
    geographic location, and (2) the ability of *TRS providers* that
    receive, via an interconnected VoIP service, a 711-dialed call
    concerning an emergency to determine an appropriate Public Safety
    Answering Point (PSAP) to call.

2.  In the *October 2007 Order and Notice*, the Bureau clarified the 711
    requirement adopted in the *2007 VoIP TRS Order* and granted
    interconnected VoIP providers a six-month waiver of the requirement
    to route the inbound leg of a 711-dialed call to an "appropriate TRS
    provider," as defined by the Bureau.[^5] The Bureau also granted
    traditional TRS providers a six-month waiver of their obligation to
    implement a system to automatically and immediately call an
    appropriate PSAP when receiving an emergency 711-dialed call via an
    interconnected VoIP service.[^6] In the Public Notice portion of the
    item, the Bureau sought comment on "technical solutions" that would
    enable interconnected VoIP providers to route 711 calls to "an
    appropriate relay center," as clarified in the Bureau's order, and
    that would enable relay centers "to identify the appropriate PSAP to
    call" when receiving an emergency call via 711 and an interconnected
    VoIP service.[^7]

3.  In this *Order*, we extend and modify the current waivers, as they
    apply to interconnected VoIP providers and traditional TRS
    providers. First, we grant interconnected VoIP providers an
    extension of time, until March 31, 2009, to route 711-dialed calls
    to an appropriate relay center, but only in the context of
    711-dialed calls in which the calling party's telephone number may
    not reflect his or her geographic location (because the caller is
    using a "non-geographically relevant" telephone number or a
    "nomadic" interconnected VoIP service).[^8] In doing so, we grant,
    to the extent described herein, the petitions for extension of time
    filed by Qwest Communications Corporation and Verizon.[^9] Second,
    we grant traditional TRS providers an extension of time, until March
    31, 2009, to fulfill their obligation to implement a system to
    automatically and immediately call an appropriate PSAP when
    receiving an emergency 711-dialed call via an interconnected VoIP
    service, based on information in the record reflecting the
    significant technical challenges presented by this requirement and
    on our finding that the delivery of the inbound leg of a 711-dialed
    call by an interconnected VoIP provider to the appropriate relay
    center is a predicate to the delivery by the relay center of the
    outbound leg of such a call to an appropriate PSAP.[^10]

# background 

4.  TRS enables individuals with hearing or speech disabilities to
    access the public telephone system to communicate with voice
    telephone users through a CA at a TRS relay center. The CA relays
    conversations between persons using various types of assistive
    communication devices and persons who do not require such assistive
    devices. The Commission's TRS rules require common carriers
    providing voice transmission services to offer 711 abbreviated
    dialing access to TRS as a toll-free call.[^11] 711 abbreviated
    dialing allows TRS users (both persons with hearing or speech
    disabilities and voice telephone users) to call a TRS provider to
    initiate a TRS call from anywhere in the country by dialing 711, so
    that TRS users do not have to dial or commit to memory (especially
    when traveling to another state) the 10-digit number of a particular
    state's TRS provider. The Commission's TRS rules also set forth
    operational, technical, and functional mandatory minimum standards
    applicable to the provision of TRS.[^12] As relevant here, the
    mandatory minimum standards require TRS providers to handle
    emergency calls by using a system that "automatically and
    immediately transfers the caller to an appropriate \[PSAP\]."[^13]
    The Commission has defined an "appropriate PSAP" as "either a PSAP
    that the caller would have reached if he had dialed 911 directly,"
    or "a PSAP that is capable of enabling the dispatch of emergency
    services to the caller in an expeditious manner."[^14]

5.  In the *2007 VoIP TRS Order*, the Commission extended its
    pre-existing TRS rules to interconnected VoIP providers, including
    the duty to offer 711 abbreviated dialing access to TRS.[^15] The
    *2007 VoIP TRS Order* required interconnected VoIP providers to
    offer 711 abbreviated dialing "to ensure that TRS calls can be made
    from any telephone, anywhere in the United States, and that such
    calls will be properly routed to the appropriate relay center."[^16]
    This requirement was to become effective on October 5, 2007.
    Following release of the *2007 VoIP TRS Order*, the Commission
    received three petitions seeking a waiver (or, alternatively, a stay
    of the effective date) of certain TRS rules, including the 711
    dialing requirement, as applied to interconnected VoIP providers,
    and a waiver of the emergency call handling requirements, as applied
    to traditional TRS providers handling 711-dialed calls that
    originate on interconnected VoIP networks.[^17] The petitions
    asserted that technical and operational difficulties prevented
    interconnected VoIP and TRS providers from complying with their
    respective obligations under the applicable TRS rules.[^18]

6.  The Bureau addressed these petitions for waiver in the *October 2007
    Order and Notice*.[^19] The order clarified that, in requiring an
    interconnected VoIP provider to route 711 calls to the "appropriate
    relay center," the Commission, in the *2007 VoIP TRS Order*,
    intended to signify "the relay center(s) serving the state in which
    the caller is geographically located, or the relay center(s)
    corresponding to the caller's last registered address."[^20] The
    Bureau determined that this was the "most natural interpretation" of
    the term "appropriate relay center," and was "essential" to ensuring
    that TRS providers could make the outbound leg of an emergency
    711-dialed call to an appropriate PSAP.[^21] Based on information in
    the record, the Bureau found that interconnected VoIP providers were
    unable to consistently route interconnected VoIP-originated 711
    calls to the "appropriate relay center" due to the fact that the
    telephone number associated with an interconnected VoIP call may not
    correspond to the geographic location of the caller.[^22] On this
    basis, the Bureau found good cause to grant interconnected VoIP
    providers, for a period of six months, a limited waiver of the 711
    requirement.[^23]

7.  In the *October 2007 Order and Notice*, the Bureau also recognized
    that the *2007 VoIP TRS Order*, by extending the 711 requirement to
    interconnected VoIP providers, effectively placed TRS providers
    under a duty to handle such calls that involve an emergency in
    accordance with the Commission's pre-existing emergency call
    handling rules. Based on the record, the Bureau determined that the
    geographic location identification challenges associated with
    interconnected VoIP-originated 711 calls rendered TRS providers
    unable to consistently identify the "appropriate" PSAP to which to
    route the call.[^24] On this basis, the Bureau found good cause to
    grant TRS providers, for a period of six months, a limited waiver of
    the obligation set forth in section 64.604(a)(4) of the Commission's
    rules, *i.e*., to automatically and immediately route the outbound
    leg of an interconnected VoIP-originated emergency 711 call to an
    "appropriate" PSAP.[^25]

8.  Finally, the *October 2007 Order and Notice* sought comment on
    "technical solutions" that would enable interconnected VoIP
    providers to route 711 calls to "an appropriate relay center," as
    defined by the Bureau, and that would enable relay centers "to
    identify the appropriate PSAP to call" when receiving an emergency
    call via 711 and an interconnected VoIP service.[^26] In response,
    interested parties filed five comments and four reply comments.[^27]
    In addition, Qwest filed a petition for an extension of time (until
    the end of the first quarter of 2009) to implement the 711
    requirement with respect to the routing of "nomadic" VoIP 711-dialed
    calls to an appropriate relay center, and Verizon filed a petition
    for an extension of time (also until the end of the first quarter
    of 2009) to implement the 711-dialing requirement with respect to
    the routing of 711-dialed calls using its "nomadic VoiceWing"
    interconnected VoIP service to an appropriate relay center.[^28]

# discussion

## Limited Extension of Deadline by Which Interconnected VoIP Providers Must Route "Nomadic" 711 Calls to the Appropriate Relay Center 

9.  The Commission may waive a provision of its rules for "good cause
    shown."[^29] For the reasons set forth below, we find good cause to
    grant interconnected VoIP providers a limited waiver - until March
    31, 2009 -- of the requirement to route 711-dialed calls to an
    appropriate relay center. This waiver shall apply only to 711-dialed
    calls in which the calling party's telephone number may not reflect
    his or her geographic location (because the caller is using a
    "non-geographically relevant" telephone number or a "nomadic"
    interconnected VoIP service).[^30] We emphasize the limited scope of
    this waiver and note that, upon expiration of the current waiver
    (after April 5, 2008), interconnected VoIP providers will be
    required to route to the appropriate relay center (as defined in the
    *October 2007 Order and Notice*) those 711-dialed calls using a
    service in which the calling party's telephone number does reflect
    his or her geographic location.[^31]

10. We note that the record reflects that progress has been made toward
    resolving technical difficulties previously associated with the
    routing of 711-dialed calls by interconnected VoIP providers to an
    appropriate relay center, to the extent that a calling party's phone
    number accurately reflects the geographic location of the
    caller.[^32] The record reflects that compliance issues remain,
    however, regarding interconnected VoIP providers' handling of 711
    calls where the telephone number associated with an interconnected
    VoIP call does not correspond to the geographic location of the
    caller.[^33] In this circumstance, when a consumer dials 711
    (whether on a TTY or a voice telephone), the call may be routed to a
    relay center that corresponds to the geographic location associated
    with the telephone number, rather than the geographic location of
    the caller.[^34] Therefore, in such a case, the interconnected VoIP
    provider is not routing the 711 call to an appropriate relay center,
    as defined in the *October 2007 Order and Notice*. The record
    demonstrates that the technical difficulties associated with
    identifying the geographic location of a caller using a nomadic
    interconnected VoIP service or a non-geographically relevant
    telephone number when dialing a 711 call will not be resolved by the
    time the current waiver expires after April 5, 2008.[^35]

11. In requesting an extension until March 31, 2009, to implement
    "nomadic 711 routing," Qwest explains that, to offer 711 dialing in
    a "nomadic context," a customer's address needs to be updated in a
    system, as necessary, so that when the customer dials 711 from a
    particular location, he or she will be connected to the TRS provider
    serving that address.[^36] Qwest reportedly has entered into
    discussions with Intrado to develop a technical solution to the
    "nomadic 711-dialing challenge" by using Intrado's existing VoIP
    E911 database and the current "registered location" protocol
    involved in providing VoIP E911 service.[^37] According to Qwest,
    Intrado has committed to an eleven-month development schedule to
    deliver a "nomadic 711 solution for VoIP users."[^38] Qwest states
    that its request for an extension of time is "in line with Intrado's
    estimated development and delivery timeline," while affording Qwest
    a reasonable period of time to test and deploy the functionality
    upon completion of Intrado's development work.[^39] While
    acknowledging that, during the waiver period, some 711-dialed calls
    in a nomadic environment may be served from the relay center
    associated with the caller's phone number rather than from the relay
    center that is geographically associated with the caller, Qwest
    states that TRS providers are now prepared, through the purchase of
    nationwide PSAP databases, to handle such calls in an emergency
    situation, whether the appropriate PSAP is nearby or across the
    country.[^40]

12. Verizon similarly seeks an extension until April 1, 2009, of the
    711-dialing requirement for 711-dialed calls using Verizon's
    "VoiceWing" service.[^41] Although Verizon reportedly is currently
    capable of routing a 711-dialed call using its "fixed-location"
    interconnected VoIP service to the TRS center serving the customer's
    geographic location, it currently is not capable of routing a
    711-dialed call using its "VoiceWing" VoIP service, which it
    describes as an "inherently nomadic service," to an appropriate TRS
    center.[^42] Instead, such a call would be routed to a "specially
    designated telephone number at a single TRS center."[^43] Verizon
    states that it is currently evaluating in-house and third-party
    systems that would enable it to route 711-dialed calls using its
    nomadic VoiceWing service to an appropriate TRS center. Whether it
    develops its own solution or employs a third-party solution, such as
    Intrado's, Verizon estimates that the time required to design,
    implement, and test the solution would take "at least 12
    months."[^44]

13. Taking into account the progress providers have made to date, and in
    view of Qwest's and Verizon's filings, which detail the timetable
    for completion of developmental work that is, according to these
    providers, currently underway, we find that providing interconnected
    VoIP providers this additional time to bring themselves into
    compliance is warranted. We do not think additional time beyond
    March 31, 2009 is necessary, however, and therefore deny the request
    of Verizon to the extent it seeks to extend the current waiver for
    two years (to address the 711 routing issues of both interconnected
    VoIP providers and TRS providers).[^45] In declining to grant a
    longer extension, we also agree with the Coalition of Organizations
    for Accessible Technology (COAT) that, in assessing the necessity of
    a waiver in this context, we should proceed cautiously, insofar as
    granting an extension may postpone the ability of persons with
    speech and hearing disabilities to access emergency services via
    TRS.[^46] For this reason, we limit the duration of the waiver and,
    as discussed above, we limit the scope of the waiver (and therefore
    its likely impact) to the routing of 711-dialed calls to an
    appropriate relay center where the calling party's telephone number
    may not reflect his or her geographic location. In light of the
    foregoing, we find good cause to extend the waiver of the
    711-dialing requirement for interconnected VoIP providers, as
    modified herein, until March 31, 2009.[^47]

14. We emphasize that, notwithstanding the limited relief provided here,
    interconnected VoIP providers are nevertheless required to continue
    to accept nomadic and non-geographically relevant 711-dialed calls
    and route them to a relay center, even if it is not necessarily to
    the "appropriate relay center." In addition, during the pendency of
    this waiver period, interconnected VoIP providers must continue to
    take steps to remind persons with speech or hearing disabilities to
    call 911 directly in the case of an emergency rather than making a
    711-dialed TRS call.[^48]

## Limited Extension of Waiver of Section 64.604(a)(4) for State TRS Providers

15. Regarding the obligation of TRS providers to handle emergency calls
    in accordance with the Commission's rules, we also find good cause
    exists to extend, until March 31, 2009, the current waiver of
    section 64.604(a)(4) of the Commission's rules,[^49] as applied to
    TRS providers' handling and routing of emergency 711-dialed calls
    placed via TTY by interconnected VoIP customers. As noted above,
    section 64.604(a)(4) of the Commission's rules requires TRS
    providers to use a system for incoming emergency calls that
    "automatically and immediately" routes the outbound leg of a TRS
    call to an appropriate PSAP.[^50] In the *October 2007 Order and
    Notice*, the Bureau noted that, although the *2007 VoIP TRS Order*
    did not specifically address TRS providers' obligation to handle 711
    emergency calls placed by interconnected VoIP customers via TTY, by
    extending the 711 abbreviated dialing requirement to interconnected
    VoIP providers, the order effectively placed TRS providers under a
    duty to handle and route these calls as prescribed by the
    Commission's pre-existing emergency call handling rules. [^51]

16. Our reasons for extending the waiver for TRS providers are
    three-fold. First, the record reflects that the routing of the
    outbound leg of a VoIP-originated, 711-dialed call to an appropriate
    PSAP by a TRS provider continues to present significant technical
    and operational challenges.[^52] Second, to the extent that
    interconnected VoIP providers are unable to consistently deliver the
    inbound leg of a 711-dialed call to the appropriate relay center,
    particularly when the caller's phone number does not reflect the
    caller's geographic location, we agree with commenters that the
    successful accomplishment of this task is a predicate to the
    delivery by the relay provider of the outbound leg of such a call to
    an appropriate PSAP.[^53] In particular, until interconnected VoIP
    providers are technically able to route a "nomadic" 711-dialed call
    to the "appropriate" TRS provider (*i.e*., the TRS provider serving
    the state where the calling party is located or corresponding to the
    caller's last registered address), the TRS provider that receives
    such a call in error may contact a PSAP that corresponds to the
    caller's telephone number, but not the caller's actual
    location.[^54] Third, as noted by commenters, addressing these
    challenges will require a joint effort and the collaboration of TRS
    providers, interconnected VoIP providers and their vendors, PSAPs,
    the emergency services community, and the disability community.[^55]
    Although we applaud the steps undertaken thus far by various
    stakeholders, the record reflects that further collaboration is
    needed.[^56] For these reasons, we grant TRS providers an extension
    of the current waiver of the emergency call handling requirement
    until March 31, 2009.

17. During the period of this waiver, we will continue to require a TRS
    provider that cannot automatically and immediately route to an
    appropriate PSAP the outbound leg of an emergency 711 call placed
    via TTY by an interconnected VoIP user, as required by section
    64.604(a)(4), to implement a manual system for doing so, to the
    extent feasible, that accomplishes the proper routing of emergency
    711 calls as efficiently as possible.[^57] Further, during this
    period, TRS providers are instructed to continue to take steps to
    remind individuals with hearing or speech disabilities to dial 911
    directly (as a text-to-text, TTY-to-TTY call) in an emergency,
    whether using a PSTN-based service or interconnected VoIP service,
    rather than making a TRS call via 711 in an emergency.[^58] We also
    expect TRS providers will continue to collaborate with industry
    stakeholders in order to address any remaining issues, such that a
    further extension of this waiver will be unnecessary.

# conclusion

18. In this *Order*, we extend and modify the waivers granted by the
    Bureau in the *October 2007 Order and Notice* as they apply to
    interconnected VoIP providers and traditional TRS providers. First,
    we grant interconnected VoIP providers a waiver until March 31,
    2009, of the requirement to route 711-dialed calls to an appropriate
    relay center, but only in the context of 711-dialed calls in which
    the calling party's telephone number may not reflect his or her
    geographic location (because the caller is using a
    "non-geographically relevant" telephone number or a "nomadic"
    interconnected VoIP service). In doing so, we grant, to the extent
    described herein, the petition for extension of time filed by Qwest
    Communications Corporation.[^59] Second, we grant traditional TRS
    providers an extension of time, until March 31, 2009, to fulfill
    their obligation to implement a system to automatically and
    immediately call an appropriate PSAP when receiving an emergency
    711-dialed call via an interconnected VoIP service. During the
    pendency of these waivers, TRS providers that cannot automatically
    and immediately route to an appropriate PSAP the outbound leg of an
    emergency 711-dialed call placed via TTY by an interconnected VoIP
    user, as required by section 64.604(a)(4), must implement a manual
    system for doing so, to the extent feasible, that accomplishes the
    proper routing of emergency 711-dialed calls as efficiently as
    possible.

# ordering clauses

19. Accordingly, IT IS ORDERED that, pursuant to Sections 1, 2, and 225
    of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
    152, and 225, and Sections 0.141, 0.361, and 1.3 of the Commission's
    rules, 47 C.F.R. §§ 0.141, 0.316 & 1.3, this *Order* IS ADOPTED.

20. IT IS FURTHER ORDERED that interconnected VoIP providers ARE GRANTED
    a waiver, until March 31, 2009, of the requirement to route
    711-dialed calls to an appropriate relay center, but only in the
    context of 711-dialed calls in which the calling party is using a
    non-geographically relevant telephone number or a nomadic
    interconnected VoIP service.

21. IT IS FURTHER ORDERED that the State TRS Providers ARE GRANTED an
    extension of time, until March 31, 2009, to implement a system, as
    set forth in section 64.604(a)(4) of the Commission's rules, 47
    C.F.R. § 64.604(a)(4), to automatically and immediately call an
    appropriate PSAP when receiving an emergency 711-dialed call via an
    interconnected VoIP service.

22. IT IS FURTHER ORDERED that the Qwest Communications Corporation
    Petition for an Extension of Time to Implement VoIP 711-Dialing in a
    Nomadic Context IS GRANTED to the extent described herein.

23. IT IS FURTHER ORDERED that the Petition of Verizon for Extension of
    Waiver IS GRANTED to the extent described herein.

24. IT IS FURTHER ORDERED that this *Order* SHALL BE effective upon
    release.

25. To request materials in accessible formats (such as Braille, large
    print, electronic files, or audio format), send an e-mail to
    fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau
    at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This document can
    also be downloaded in Word and Portable Document Formats (PDF) at
    <http://www.fcc.gov/cgb.dro>.

    FEDERAL COMMUNICATIONS COMMISSION

Cathy Seidel, Chief Consumer & Governmental Affairs Bureau

[^1]: *Implementation of Sections 255 and 251(a)(2) of the
    Communications Act of 1934, as Enacted by the Telecommunications Act
    of 1996: Access to Telecommunications Service, Telecommunications
    Equipment and Customer Premises Equipment by Persons with
    Disabilities; Telecommunications Relay Services and Speech-to-Speech
    Services for Individuals With Hearing and Speech Disabilities*, WC
    Docket No. 04-36, WT Docket No. 96-198, CG Docket No. 03-123 & CC
    Docket No. 92-105, Report and Order, 22 FCC Rcd 11275 (June 15,
    2007) (*2007 VoIP TRS Order*). This order became effective October
    5, 2007.

[^2]: TRS, created by Title IV of the Americans with Disabilities Act of
    1990 (ADA), enables a person with a hearing or speech disability to
    access the nation's telephone system to communicate with voice
    telephone users through a relay provider and a communications
    assistant (CA). *See* 47 U.S.C. § 225; 47 C.F.R. § 64.601 *et seq.*
    (implementing regulations).

[^3]: *2007 VoIP TRS Order*; *see* 47 C.F.R. §§ 9.3, 54.5 (defining
    "interconnected VoIP service" and "interconnected VoIP provider").

[^4]: *2007 VoIP TRS Order*, 22 FCC Rcd at 11296-97, paras. 42-43. *See
    generally* 47 C.F.R. § 64.603 ("each common carrier providing
    telephone voice transmission services shall provide, not later than
    October 1, 2001, access via the 711 dialing code to all relay
    services as a toll free call"); 47 C.F.R. §§ 64.601(1) (defining
    "711" as "\[t\]he abbreviated dialing code for accessing all types
    of relay services anywhere in the United States") & 64.601(15)
    (defining TTY); *Use of N11 Codes and Other Abbreviated Dialing
    Arrangements*, CC Docket No. 92-105, Second Report and Order, 15 FCC
    Rcd 15188, 15191, para. 3 (Aug. 9, 2000) (*711 Order*). The
    Commission adopted 711 dialing access so that TRS users -- both
    hearing persons and persons with a hearing or speech disability --
    could initiate a relay call, anywhere in the United States, without
    having to remember and dial a seven-digit number or a ten-digit toll
    free number, and without having to obtain different numbers to
    access local TRS providers when traveling from state to state. *711
    Order*, 15 FCC Rcd at 15191, para. 3.

[^5]: *Implementation of Sections 255 and 251(a)(2) of the
    Communications Act of 1934, as Enacted by the Telecommunications Act
    of 1996: Access to Telecommunications Service, Telecommunications
    Equipment and Customer Premises Equipment by Persons with
    Disabilities; Telecommunications Relay Services and Speech-to-Speech
    Services for Individuals with Hearing and Speech Disabilities*, WC
    Docket No. 04-36, WT Docket No. 96-198, CG Docket No. 03-123 & CC
    Docket No. 92-105, Order and Public Notice Seeking Comment, 22 FCC
    Rcd 18319 (Cons. Govt. Aff. Bur. Oct. 9, 2007) (*October 2007*
    *Order and Notice*).

[^6]: *October 2007* *Order and Notice*, 22 FCC Rcd at 18324, paras.
    12-14. We note that, in a recent order, the Commission adopted
    interim emergency call handling requirements for *Internet-based*
    TRS providers. *See* *Telecommunications Relay Services And
    Speech-To-Speech Services For Individuals With Hearing And Speech
    Disabilities, E911 Requirements For IP-Enabled Service Providers*,
    CG 03-123, WC 05-196, Report and Order, 2008 WL 754912 (March 19,
    2008). Unlike the Commission's March 19^th^ order, the instant order
    addresses emergency call handling requirements for traditional
    (PSTN-based, TTY) TRS providers, in connection with their receipt of
    711-dialed (TTY) emergency calls that originate via an
    interconnected VoIP service. Although both types of calls -- an
    Internet-based call made to an Internet-based TRS provider (*e.g.*,
    via Video Relay Service (VRS), and a 711-dialed TTY call made to a
    traditional TRS provider via an interconnected VoIP service -- raise
    issues concerning the lack of automatic location identification
    (ALI) information received by the TRS provider and the resulting
    challenges associated with identifying and routing the outbound call
    to an appropriate PSAP, the technologies involved nevertheless give
    rise to distinct compliance-related issues. For example, whereas the
    Commission's March 19^th^ order requires Internet-based TRS
    providers to ensure that emergency calls receive priority handling
    and are not put in a queue with all other incoming calls to wait for
    an available CA, *see id.*, 2008 WL 754912, paras. 16-17, there is
    no comparable issue relating to adequate staffing of CAs or being
    able to reach a CA in a timely manner in the traditional TRS
    context. Because the application of the Commission's emergency call
    handling procedures to Internet-based TRS providers raises distinct
    technical and operational issues (*e.g.*, TTY callers using an
    interconnected VoIP service have a ten-digit phone number, but
    Internet-based TRS users currently do not), the Commission has
    addressed emergency call handling requirements of Internet-based TRS
    services and traditional TRS providers in separate proceedings.
    *See*, *e.g., Consumer & Governmental Affairs Bureau Seeks to
    Refresh Record on Assigning Internet Protocol (IP)-Based
    Telecommunications Relay Service (TRS) Users Ten-Digit Telephone
    Numbers Linked to North American Numbering Plan (NANP) and Related
    Issues*, CG Docket No. 03-123, Public Notice, DA 08-607 (March 19,
    2008) (*2008 Numbering PN*) (seeking to refresh record on proposed
    establishment of global database of proxy telephone numbers for
    Internet-based TRS users).

[^7]: *October 2007* *Order and Notice*, 22 FCC Rcd at 18325, para. 16.

[^8]: To the extent that an interconnected VoIP provider allows its
    customers to select telephone numbers from distant geographies, such
    phone numbers are considered "non-geographically relevant" in the
    sense that they are associated with a distant location. An
    interconnected VoIP service is "nomadic" if it can be used from
    various locations. *See* *October 2007* *Order and Notice* 22 FCC
    Rcd at 18321-22, para. 6 & n.19.

[^9]: *See* *Qwest Communications Corporation Petition for an Extension
    of Time to Implement VoIP 711-Dialing in a Nomadic Context* (filed
    March 7, 2008) (*Qwest Petition*); *Petition of Verizon for
    Extension of Waiver* (filed March 27, 2008) (*Verizon Petition*).

[^10]: Notwithstanding this action, we note that if a caller using a TTY
    device connected to an interconnected VoIP service dials 911
    directly (as a text-to-text, or TTY-to-TTY call), the call will be
    routed through the selective router over the wireline E911 network
    to the PSAP that serves the caller's Registered Location, just as it
    would be for a hearing caller via an interconnected VoIP service.
    *See*, *e.g.*, Reply Comments of Verizon at n.6 (internal cross
    reference omitted). *See also*
    <http://www.fcc.gov/cgb/consumerfacts/711.html> (stating that, in
    the event of an emergency, "TTY users should call 911 directly, and
    not make a TRS call via 711").

[^11]: *See* 47 C.F.R. § 64.603; *711 Order*.

[^12]: 47 C.F.R. § 64.604 (the TRS mandatory minimum standards).

[^13]: 47 C.F.R. § 64.604(a)(4).

[^14]: *Id.*

[^15]: *2007 VoIP TRS Order*, 22 FCC Rcd at 11291-97, paras. 32-43.

[^16]: *Id.*, 22 FCC Rcd at 11296, para. 42*.*

[^17]: *See* Motion for Stay or Waiver of the Voice on the Net (VON)
    Coalition (Sept. 14, 2007) (seeking to stay or waive 711 abbreviated
    dialing requirement, as applied to interconnected VoIP providers);
    United States Telecom Association Petition for Waiver of Certain
    Regulations Concerning Provision of 711 Dialing (Sept. 21, 2007)
    (seeking to waive 711 abbreviated dialing requirement insofar as it
    requires interconnected VoIP providers to route emergency 711 calls,
    including those involving a nomadic VoIP service or a non-geographic
    telephone number, to a relay center capable of identifying the
    appropriate PSAP); Hamilton Telephone Company d/b/a/ Hamilton
    Telecommunications, Petition for Waiver (Sept. 21, 2007) (seeking to
    waive the requirement that TRS providers "automatically and
    immediately" route VoIP-originated emergency 711 calls to an
    appropriate PSAP because TRS providers cannot necessarily determine
    the geographic location of 711 TRS callers using interconnected VoIP
    service).

[^18]: *Id.*

[^19]: *October 2007* *Order and Notice*, 22 FCC Rcd 18319.

[^20]: *Id.*, 22 FCC Rcd at 18322-23, para. 9.

[^21]: *Id.*

[^22]: Specifically, the record showed that, because an interconnected
    VoIP user's telephone number does not necessarily correspond with
    the user's actual geographic location, interconnected VoIP providers
    were unable to consistently route the call to the "appropriate relay
    center" as we have defined that term. *See id.*, 22 FCC Rcd at
    18323, paras. 10-11.

[^23]: *Id.*, 22 FCC Rcd at 18322-23, paras. 8-11.

[^24]: *Id.*, 22 FCC Rcd at 18324-25, paras. 12-14.

[^25]: *Id.*, 22 FCC Rcd at 18324-25, paras. 12-15.

[^26]: *Id.*, 22 FCC Rcd at 18325, para. 16.

[^27]: Comments of Sprint Nextel (filed December 3, 2007); Comments of
    the VON Coalition (filed December 3, 2007); Comments of Hamilton
    Relay, Inc. (filed December 3, 2007); Comments of National Emergency
    Number Association (NENA) (filed December 3, 2007); Comments of
    Wireless Communications Association International (WCA) (filed
    December 3, 2007); Reply Comments of Qwest Communications
    Corporation, Inc. (filed December 17, 2007); Reply Comments of
    Coalition of Organizations for Accessible Technology (COAT) (filed
    December 17, 2007); Reply Comments of Verizon (filed December 17,
    2007); Reply Comments of WCA (filed December 17, 2007).

[^28]: *See* *Qwest Petition* at 1-4; *Verizon Petition* at 6.

[^29]: 47 C.F.R. § 1.3; *see generally Telecommunications Relay Services
    and Speech-to-Speech Services for Individuals with Hearing and
    Speech Disabilities*, Report and Order, Order on Reconsideration,
    and Further Notice of Proposed Rulemaking, CC Docket Nos. 90-571 &
    98-67, CG Docket No. 03-123, 19 FCC Rcd 12475, 12520, para. 110
    (June 30, 2004) (*2004 TRS Report & Order*) (discussing standard for
    waiving Commission rules).

[^30]: *See* note 8, *supra* (defining "nomadic" and "non-geographically
    relevant").

[^31]: As noted in paragraph 6, *supra*, the *October 2007* *Order and
    Notice* defined "appropriate relay center" as the "relay center(s)
    serving the state in which the caller is geographically located, or
    the relay center(s) corresponding to the caller's last registered
    address."

[^32]: *See*, *e.g.*, *Qwest Petition* at 1-2 (stating that, by April 5,
    2008, Qwest will be able to route interconnected VoIP 711-dialed
    calls to the appropriate relay center for "home" or "fixed"
    locations of its interconnected VoIP offerings); Letter to Marlene
    H. Dortch, FCC, from Richard, Ellis, Verizon (dated March 28, 2008),
    at 1 (*Verizon Ex Parte*) (stating that a 711-dialed call over its
    "fixed-location" VoIP service for business customers currently would
    route to the TRS center that "serves the customer's geographic
    location").

[^33]: *See*, *e.g*.*,* *Qwest Petition* at 2 (stating that, at this
    time, Qwest "is not technically able to route a nomadic VoIP
    711-dialed call to the 'appropriate' relay center, as the Commission
    recently clarified that term"); Comments of Sprint Nextel at 2
    (stating that interconnected VoIP providers "continue to encounter
    substantial technical and operational difficulties in ensuring that
    711 calls are correctly routed"); Comments of Hamilton at 3-4
    (stating that interconnected VoIP providers cannot consistently
    identify a 711 caller's correct geographic location for purposes of
    routing the call to an appropriate relay center); Reply Comments of
    Verizon at 4-7 (discussing efforts to devise method of routing 711
    calls to appropriate relay center based on caller's Registered
    Location, rather than calling party's ten-digit phone number); *but
    see* VON Coalition Comments at 3-4 (stating that it does not seek
    additional time to implement 711 dialing, but leaving ambiguous the
    specific question of whether its members are technically able to
    route *nomadic* VoIP 711-dialed calls); *and Qwest Petition* at n.8
    (citing VON Coalition Comments at 3-4) (stating that, based on
    conversations with the VON Coalition, it appears that certain VON
    Coalition members may be able to meet the requirements by April 2008
    with respect to "nomadic" calling by using an "811-dialing
    architecture," but noting that it is unclear whether all
    interconnected VoIP providers within VON Coalition's membership will
    be able to meet the deadline).

[^34]: For example, when a relay caller in Virginia using an
    interconnected VoIP service with a California telephone number dials
    711, the call may go to a California relay center, not a Virginia
    relay center.

[^35]: *See*, *e.g.*, Reply Comments of Verizon at 2 (asserting that the
    development of a long-term solution to the challenges associated
    with 711 dialing for interconnected VoIP and TRS providers will
    require a two-year extension of time); *Qwest Petition* at 2
    (stating that it does not anticipate having complete 711 call
    routing capabilities until the first quarter of 2009).

[^36]: *Qwest Petition* at 4. Qwest states that, in connection with its
    provision of interconnected VoIP service, it has "no actual
    knowledge of ever having processed a 711 call, let alone one
    involving an emergency\[,\]" but assumes, "for discussion purposes,"
    that some 711-dialed calls may occur. *Id.* at 3.

[^37]: *Qwest Petition* at 4-5.

[^38]: *Qwest Petition* at 5. Qwest describes the steps involved in
    creating a capability to route 711-dialed calls to an appropriate
    relay center based on the caller's Registered Location (rather than
    the caller's telephone number). According to Qwest, over a period of
    four to six months, Intrado will complete the migration of Qwest and
    other "911 customers" to a new platform (Fixed Mobile Convergence
    Center), which, Qwest states, will support both interconnected VoIP
    and wireless products. In parallel, Intrado reportedly was scheduled
    to begin development of a "fully nomadic 711 solution" for
    interconnected VoIP users in March 2008 and is expected to complete
    this work by fourth quarter 2008. Upon completion of the
    developmental work, Intrado reportedly will require two to four
    months of "internal testing," and then an additional four to six
    weeks of testing with Qwest. Qwest maintains that this timetable is
    reasonable and is necessary to allow for completion of work by
    Qwest's vendor and to "test and deploy the functionality as
    integrated into its service offering." *Id.* at 4-6.

[^39]: *See Qwest Petition* at 5-6.

[^40]: *See Qwest Petition* at 7-10.

[^41]: *See Verizon Ex Parte* at 1-2; *see also* *Verizon Petition* at
    6.

[^42]: *See Verizon Ex Parte* at 1-2 (describing different architecture
    in place for routing "fixed-location" 711-dialed calls using
    Verizon's interconnected VoIP service for businesses versus
    architecture in place for routing "nomadic" 711-dialed calls using
    Verizon's retail interconnected VoIP service).

[^43]: *See Verizon Ex Parte* at 2. Verizon also states that, to the
    best of its knowledge, it does not have any retail VoIP customers
    who are TTY users and has not had "any VoIP-based calls to 711 to
    date." *See id*.

[^44]: *See Verizon Petition* at 3. According to Verizon, Intrado has
    informed Verizon that it expects to have a technical solution
    addressing the proper routing of "nomadic" 711-dialed calls in the
    fourth quarter of 2008. Verizon states that it would then need "to
    test this capability first in the lab, followed by production
    testing." *See id*. Accordingly, Verizon asks the Commission to
    extend the waiver granted in the *October 2007 Order and Notice*
    until April 1, 2009.

[^45]: *See* Reply Comments of Verizon at 2 (asserting that the
    Commission should extend the waiver for two years to permit
    development of a long-term solution that encompasses technical
    routing solutions both for the interconnected VoIP provider-to-TRS
    provider leg of a 711-dialed call, and for the TRS provider-to-PSAP
    leg of such a call); *Verizon Petition* at 4-5. In its reply
    comments, Verizon also proposes an interim solution under which
    interconnected VoIP providers would be authorized to contract with a
    single relay provider to handle all 711 calls from customers with
    nomadic VoIP services or non-geographically based phone numbers.
    Reply Comments of Verizon at 4-7. As we state above, however, we
    believe it better serves the public interest to limit the extent of
    any waiver relief.

[^46]: *See* Reply Comments of COAT at 2.

[^47]: We note that, in their comments, WCA and VON Coalition ask the
    Commission to grant providers of wireless interconnected VoIP
    services a one-year extension of the deadline for complying with the
    Commission's "TRS requirements." Reply Comments of WCA at 1;
    Comments of VON Coalition at 10. VON Coalition asserts that an
    extension is needed because "a limited subset of broadband networks
    -- those that have high latency, packet loss, or that are bursty --
    are constrained in their ability to support TTY access over VoIP."
    Comments of VON Coalition at 8. At the same time, VON Coalition
    acknowledges that, for "many VoIP users who have chosen capable
    broadband networks, TTY capability should not be a problem because
    the network can deliver packet loss rates lower than .12%." *Id.*
    Because this issue, according to WCA and VON Coalition, relates only
    to a "limited subset of broadband networks," the grant of an
    industry-wide waiver of nearly all of the TRS requirements, as
    applied to interconnected VoIP providers, appears unnecessary. To
    the extent that an individual provider of wireless interconnected
    VoIP service can demonstrate special circumstances that would
    warrant a waiver of the TRS requirements, the provider may avail
    itself of the Commission's waiver process. *See* 47 C.F.R. § 1.3.

[^48]: The record reflects that, if a caller using a TTY device that is
    connected to an interconnected VoIP service dials 911 directly (as a
    text-to-text, or TTY-to-TTY call), the call will be routed through
    the selective router over the wireline E911 network to the PSAP that
    serves the caller's Registered Location, just as it would be for a
    hearing caller via an interconnected VoIP service. *See*, *e.g.*,
    Reply Comments of Verizon at n.6 (internal cross reference omitted).
    For this reason, the Commission has urged interconnected VoIP
    providers and traditional TRS providers to remind TRS users to dial
    911 directly in an emergency, rather than making a relay call via
    711 in an emergency. *See October 2007Order and Notice*, 22 FCC Rcd
    at 18323-25, paras. 11, 15.

[^49]: 47 C.F.R. § 64.604(a)(4).

[^50]: 47 C.F.R. § 64.604(a)(4).

[^51]: *October 2007* *Order and Notice*, 22 FCC Rcd at 18324, para. 14.

[^52]: *See* Comments of Sprint Nextel at 2 (requesting an additional
    6-month waiver of the PSAP call routing requirement because of
    continuing technical difficulties in handling VoIP-originated
    emergency 711 calls); Comments of Hamilton at 3-4 (requesting a
    waiver extension of the PSAP routing requirement because of the
    persistent technical difficulties in handling VoIP-originated 711
    TRS calls); Comments of NENA at 3-4 (acknowledging the present
    difficulties in TRS routing of non-native, VoIP-originated 711 calls
    to the appropriate PSAP); Comments of Hamilton, at 3-4 (stating that
    TRS providers cannot correctly route VoIP-originated emergency 711
    calls until VoIP providers can provide the caller's correct
    geographical location, which they currently cannot consistently do);
    Comments of VON at 5 (stating that TRS provider routing of
    VoIP-originated, non-native emergency 711 calls is "virtually
    impossible" because of the current technology employed by most TRS
    providers); Comments of NENA at 3-4 (acknowledging the present
    difficulties in TRS routing of non-native, VoIP-originated 711 calls
    to the appropriate PSAP).

[^53]: *See*, *e.g*., Reply Comments of Qwest at 3-4 (asserting that the
    delivery of the 711 call to the TRS provider is a "predicate to" the
    second "more difficult" delivery by the TRS provider of the
    711-dialed call to the appropriate PSAP).

[^54]: Verizon notes that, in order to route a "nomadic" 711 call placed
    by an interconnected VoIP customer in the manner prescribed by
    section 64.604(a)(4), the TRS provider must have a means of
    identifying the call as a VoIP call and have access to a database
    that can associate the caller's phone number with a geographic
    location, or alternatively, the TRS provider must receive the
    caller's Registered Location from the interconnected VoIP provider.
    Reply Comments of Verizon at 3.

[^55]: *See*, *e.g*., Reply Comments of Verizon at 3 (upon completing
    the 711-dialed call to an appropriate PSAP, the TRS provider must
    have a means of transmitting the caller's address or location to the
    PSAP "either directly or by applying a 'pseudo-ANI' to signal the
    ALI database to check a third party's database of Registered
    Location."); Reply Comments of Qwest at 6-7 (discussing need for TRS
    provider to "interface" with a third party database to route
    711-dialed calls and possibly to "tap into a VoIP provider's
    database" or "make use of a 911 database operator's database" to
    process 711-dialed emergency calls).

[^56]: *See*, *e.g.,* Comments of NENA at 3 (noting that NENA, the VON
    Coalition, and other entities recently hosted a two-day meeting on
    automatic location of nomadic and mobile emergency callers and
    discussing remaining unresolved issues).

[^57]: *October 2007* *Order and Notice*, 22 FCC Rcd at 15324-25, para.
    15.

[^58]: *Id.*

[^59]: *See* *Qwest Communications Corporation Petition for an Extension
    of Time to Implement VoIP 711-Dialing in a Nomadic Context* (filed
    March 7, 2008) (*Qwest Petition*).