**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     | * |                              |
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+----------------------------------+---+------------------------------+

**ORDER AND PUBLIC NOTICE SEEKING COMMENT**

**Adopted: October 9, 2007 Released: October 9, 2007**

By the Chief, Consumer & Governmental Affairs Bureau:

# INTRODUCTION

1.  In this Order (*Order*), we grant in part and deny in part several
    petitions for waiver[^1] relating to the Commission's recent *VoIP
    TRS Order.*[^2] In that order, the Commission extended the
    telecommunications relay service (TRS)[^3] requirements contained in
    Part 64 of the Commission's rules to providers of interconnected
    voice over Internet Protocol (VoIP) services.[^4] Among the
    requirements extended to interconnected VoIP providers is the
    obligation to offer 711 abbreviated dialing access to traditional
    relay services via a voice telephone or a text telephone (TTY).[^5]
    The petitions for waiver raise issues concerning (1) the ability of
    an *interconnected VoIP provider* to route the inbound leg of a 711
    call to an appropriate TRS provider, particularly when the caller's
    telephone number does not correspond to the caller's actual
    location, and (2) the ability of a *TRS provider* that receives, via
    an interconnected VoIP service, a 711 call concerning an emergency
    to determine an appropriate Public Safety Answering Point (PSAP) to
    call.

2.  As set forth below, we recognize that in certain circumstances there
    are technical challenges to the ability of interconnected VoIP
    providers to route 711 calls to an appropriate relay center.
    Similarly, we recognize that in certain circumstances TRS providers
    receiving 711 emergency calls via an interconnected VoIP service may
    not be able to determine an appropriate PSAP to call in compliance
    with the TRS emergency call handling requirements.[^6] As a result,
    as set forth below, we waive for six months the requirement set
    forth in the *VoIP TRS Order* that interconnected VoIP providers
    must transmit 711 calls *to an appropriate relay provider*, as
    defined below. We also waive for six months traditional TRS
    providers' obligation to call to an appropriate PSAP when receiving,
    via interconnected VoIP service, a 711 call concerning an emergency.
    Further, in the Public Notice we seek comment on the petitions for
    stay and/or waiver.[^7]

# background

3.  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.[^8] 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.[^9] 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 \[PSAP\]."[^10]
    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."[^11]

4.  In the *VoIP TRS Order*, the Commission extended the application of
    its pre-existing TRS rules to interconnected VoIP providers,
    including the duty to offer 711 abbreviated dialing access to
    TRS.[^12] The *VoIP TRS Order* requires 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."[^13] The 711 abbreviated dialing requirement, as applied to
    interconnected VoIP providers, became effective October 5, 2007.

5.  On September 14, 2007, the VON Coalition filed a "Motion for Stay or
    Waiver," asking the Commission to stay the effective date of the TRS
    requirements, including the 711 dialing requirement, as applied to
    interconnected VoIP providers or, in the alternative, to waive those
    requirements.[^14] The VON Coalition asserts that relief from the
    October 5, 2007 effective date of the TRS rules is needed because
    "despite the best good faith efforts of the industry, many
    Interconnected VoIP providers will be unable to meet that
    deadline."[^15] In support of its request, the VON Coalition states
    that additional time would allow interconnected VoIP providers to
    fully develop and test 711 abbreviated dialing services prior to
    their introduction to the public, and avoid diverting resources from
    these providers' ongoing implementation of other recently imposed
    Commission requirements, such as E911 and customer proprietary
    network information (CPNI) obligations.[^16]

6.  On September 21, 2007, USTelecom filed a petition requesting a
    two-year waiver for interconnected VoIP providers of the requirement
    that they route emergency 711 calls to a TRS provider capable of
    determining the appropriate PSAP to call to respond to the
    emergency.[^17] Although USTelecom asserts its interconnected VoIP
    provider members expect to be in compliance with the general
    requirement to offer 711 abbreviated dialing,[^18] it asserts that
    in circumstances where the subscriber's telephone number does not
    reflect his or her geographic location (because the subscriber is
    using a "non-geographically relevant" telephone number or a
    "nomadic" VoIP service)[^19] the interconnected VoIP provider may
    route the call to a relay center that corresponds to the geographic
    location associated with the caller's telephone number, not to the
    caller's actual location.[^20] As a result, in these circumstances
    if the call involves an emergency the TRS provider may be unable to
    make the outbound call to an appropriate PSAP that corresponds to
    the caller's actual location.[^21]

7.  For this reason, Hamilton Telephone Company (Hamilton) -- a provider
    of traditional TRS services in various states -- filed a request for
    waiver of the TRS emergency call handling requirements as applied to
    traditional TRS providers handling calls originating on
    interconnected VoIP networks.[^22] Hamilton asserts that it "and
    presumably other TRS providers" cannot necessarily determine the
    geographic location of 711 TRS callers using an interconnected VoIP
    service because the caller's telephone number may not correspond to
    the caller's actual location. Hamilton further asserts that, as a
    result, it cannot be certain that it has identified an appropriate
    PSAP to which it should route 711 calls from an interconnected VoIP
    subscriber.[^23] Hamilton contends that the public interest would
    not be served by requiring it to comply with the emergency call
    handling rule in this context "until such time as the interconnected
    VoIP industry has addressed this substantial shortcoming."[^24]

# discussion 

## Clarification and Limited Waiver of Requirement that Interconnected VoIP Providers Route 711 Calls to the "Appropriate Relay Center"

8.  The Commission may waive a provision of its rules for "good cause
    shown."[^25] Because the record reflects that transmitting 711 calls
    *via* an interconnected VoIP service, rather than the PSTN, to an
    appropriate relay provider creates technological challenges for
    interconnected VoIP providers, we find that good cause exists to
    waive for six months the requirement that interconnected VoIP
    providers route 711 calls to an appropriate relay center.

9.  As an initial matter, we clarify that, in requiring an
    interconnected VoIP provider to route 711 calls to the "appropriate
    relay center,"[^26] the Commission 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.[^27] We conclude that this is the most natural
    interpretation of the term "appropriate relay center" in the context
    where a 711 call is being transmitted via an interconnected VoIP
    service as a substitute for the PSTN. Clarifying "appropriate relay
    center" in this manner is also essential to ensuring that TRS
    providers can make the outbound leg of the TRS call to an
    "appropriate PSAP," as discussed below.[^28]

10. The record reflects that compliance issues regarding interconnected
    VoIP providers handling 711 calls arises from the fact that in some
    cases the telephone number associated with a VoIP call will not
    correspond to the geographic location of the caller. In such
    circumstances, 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, not the actual geographic location of the caller. For
    example, when a relay caller in Virginia using VoIP service with a
    California telephone number dials 711, the call may go to a
    California relay center, not a Virginia relay center. Therefore, in
    such a case the interconnected VoIP provider is not routing the 711
    call to an appropriate relay center, as defined above.

11. In light of the foregoing, we grant a limited waiver of the 711 call
    handling requirement for interconnected VoIP providers. Although
    interconnected VoIP providers are required to transmit 711 calls to
    a relay center, we waive the requirement insofar as it requires them
    to transmit the 711 call to an appropriate relay center, as defined
    above. We deny, however, the VON Coalition and USTelecom requests to
    the extent they seek such relief for an extended period of time. As
    noted above, the VON Coalition proposes an open-ended waiver,
    whereas USTelecom requests an additional two years to comply with
    our rules. We agree with the Coalition of Organizations for
    Accessible Technology (COAT) that "a brief extension of time for
    each of these requests may be merited,"[^29] but that "a two year
    extension of the FCC's deadline on this matter, one which can affect
    the life, safety and health of people who rely on TRS for emergency
    access . . . is not in the public interest."[^30] As COAT observes,
    many individuals are switching to VoIP service.[^31] It is of
    critical importance that all Americans, including those who place
    emergency 711 calls using interconnected VoIP service, have access
    to emergency services. For this reason, we grant a limited waiver of
    the requirement that interconnected VoIP providers route 711 calls
    to an appropriate relay center for a period of six months, so that
    interconnected VoIP service providers can implement a means of
    routing 711 calls, in all cases, to an appropriate relay center.

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

12. With respect to the obligation of TRS providers to handle emergency
    calls in accordance with our rules, we also find good cause exists
    to waive section 64.604(a)(4) of the Commission's rules,[^32] as
    applied to TRS providers' handling and routing of emergency 711
    calls placed *via* TTY by interconnected VoIP customers, for a
    limited period of six months. 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.[^33] Although
    the *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.

13. In order to route an emergency 711 call placed by an interconnected
    VoIP customer in the manner prescribed by section 64.604(a)(4), the
    TRS provider (the CA) must have a means of determining: (1) the
    geographic location of the caller; and (2) the appropriate PSAP that
    corresponds to that geographic location, so the CA can make the
    outbound call to the PSAP. As Hamilton notes, we understand that
    problems may arise when an interconnected VoIP user whose VoIP
    telephone number does not correlate with his physical location
    attempts to place an emergency 711 call. In particular, when an
    interconnected VoIP user dials 711 to reach a TRS provider to place
    a call for emergency services, the VoIP provider may route the call
    to a TRS provider in a state other than where the calling party is
    located if the calling party is using a telephone number that does
    not correlate to the caller's geographic location or is using a VoIP
    service "nomadically." In these circumstances, the relay provider
    may contact a PSAP that corresponds to the caller's telephone
    number, but not the caller's actual location. Further, even if the
    caller self-identifies his or her location to the CA, the CA may be
    unable to determine the correct PSAP to call *unless* the relay
    provider has access to a national database of PSAPs and can connect
    to the database.

14. Therefore, based on the record before us, it appears that, under
    certain circumstances, TRS providers receiving a call via an
    interconnected VoIP service may be unable to call an appropriate
    PSAP to respond to an emergency call.[^34] Moreover, it appears that
    certain TRS providers may be unable to access and/or connect to a
    national database of PSAPs in the event that a TRS provider receives
    an emergency 711 call from an out-of-state caller, making impossible
    the automatic routing of such a call to an appropriate PSAP. For
    these reasons, we grant TRS providers in this situation a limited
    waiver of the emergency call handling requirement insofar that,
    despite their best efforts, they may not be able to make the
    outbound call to an appropriate PSAP that corresponds to the
    caller's actual location.

15. During the pendency of this waiver, we 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. Further, during this waiver period we
    require interconnected VoIP providers and traditional TRS providers
    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. Finally, for the reasons discussed above in
    limiting the duration of the waiver of our 711 call handling
    requirements for interconnected VoIP providers, we believe that the
    public interest dictates that we limit this waiver relief for TRS
    providers to a period of six months.

# public notice seeking comment

16. As set forth above, we grant in part and deny in part the petitions
    for a stay or waiver filed by the VON Coalition, USTelecom, and
    Hamilton.[^35] We now seek comment on these petitions. In
    particular, we seek comment on technical solutions to the ability of
    interconnected VoIP providers to route all 711 calls to an
    appropriate relay center, as defined above, and to the ability of a
    relay center to identify the appropriate PSAP to call when receiving
    an emergency call via 711 and an interconnected VoIP service.

17. We also expect that interconnected VoIP providers, relay service
    providers, and members of the industry and community work closely
    together to achieve a solution as expeditiously as possible that
    will enable emergency 711 calls placed through interconnected VoIP
    to be handled in accordance with our emergency call handling
    procedures. In comments supporting a limited extension of time to
    comply with our rules, Wireless Communications Association
    International, Inc., states that "a meaningful solution requires
    cooperation and dialogue among a variety of interested parties,
    including service providers, vendors, the disabled community, TRS
    providers and . . . the public safety community."[^36] We agree, and
    to this end, we seek comment on the waiver requests submitted by the
    VON Coalition, USTelecom, and Hamilton Relay, and the technological
    issues raised therein.

# Procedural matters

18. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
    C.F.R. §§ 1.415, 1.419, interested parties may file comments in this
    proceeding 30 days after publication in *Federal Register* and reply
    comments may be filed 45 days after publication in *Federal
    Register***.** When filing comments, please reference **WC Docket
    No. 04-36, CG Docket No. 03-123, WT Docket No. 96-198, and CC Docket
    No. 92-105**. Comments may be filed using: (1) the Commission\'s
    Electronic Comment Filing System (ECFS), (2) the Federal
    Government's eRulemaking Portal, or (3) by filing paper copies.
    *See* Electronic Filing of Documents in Rulemaking Proceedings, 63
    Fed. Reg. 24,121 (1998). Comments filed through the ECFS can be sent
    as an electronic file via the Internet by accessing the ECFS:
    http://www.fcc.gov/cgb/ecfs/ or the Federal Rulemaking Portal:
    http://www.regulations.gov. Filers should follow the instructions
    provided on the website for submitting comments. If multiple docket
    or rulemaking numbers appear in the caption of this proceeding,
    commenters must transmit one electronic copy of the comment to each
    docket or rulemaking number referenced in the caption. In completing
    the transmittal screen, commenters should include their full name,
    U.S. Postal Service mailing address, and the applicable docket or
    rulemaking number. Parties may also submit an electronic comment by
    Internet e-mail. To get filing instructions, commenters should send
    an e-mail to ecfs@fcc.gov, and should include the following words in
    the body of the message, \"get form.\" A sample form and directions
    will be sent in reply.

19. Parties who choose to file by paper must file an original and four
    copies of each filing. If more than one docket or rulemaking number
    appears in the caption of this proceeding, commenters must submit
    two additional copies for each additional docket or rulemaking
    number. Filings can be sent by hand or messenger delivery, by
    electronic media, by commercial overnight courier, or by first-class
    or overnight U.S. Postal Services mail (although we continue to
    experience delays in receiving U.S. Postal Service mail). All
    filings must be addressed to the Commission's Secretary, Office of
    the Secretary, Federal Communications Commission. The Commission\'s
    contractor will receive hand-delivered or messenger-delivered paper
    filings or electronic media for the Commission\'s Secretary at 236
    Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of *before* entering the building.
    Commercial and electronic media sent by overnight mail (other than
    U.S. Postal Service Express Mail and Priority Mail) must be sent to
    9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
    Service first-class mail, Express Mail, and Priority Mail should be
    addressed to 445 12^th^ Street, SW, Washington, D.C. 20554.

20. Parties who choose to file by paper should also submit their
    comments on a compact disc. The compact discs should be submitted,
    along with three paper copies, to: Dana Wilson, Consumer &
    Governmental Affairs Bureau, Disability Rights Office, 445 12^th^
    Street, SW, Room 3-C418, Washington, D.C. 20554. Such a submission
    should be on a compact disc formatted in an IBM compatible format
    using Word 2003 or compatible software. The compact disc should be
    accompanied by a cover letter and should be submitted in \"read
    only\" mode. The compact disc should be clearly labeled with the
    commenter\'s name, the proceedings (including the docket numbers) in
    this case, **WC Docket No. 04-36,** **CG Docket No. 03-123, WT
    Docket No. 96-198, and CC Docket No. 92-105,** type of pleading
    (comment or reply comment), date of submission, and the name of the
    electronic file on the compact disc. The label should also include
    the following phrase \"Disc Copy - Not an Original.\" Each compact
    disc should contain only one party\'s pleadings, preferably in a
    single electronic file. In addition, commenters must send compact
    disc copies to the Commission\'s copy contractor, Portals II, 445
    12^th^ Street, SW, Room CY- B402, Washington, D.C. 20554.

21. Pursuant to section 1.1206 of the Commission's rules, 47 C.F.R. §
    1.1206, this proceeding will be conducted as a permit-but-disclose
    proceeding in which *ex parte* communications are subject to
    disclosure.

22. The full text of this document and copies of any subsequently filed
    documents in this matter will be available for public inspection and
    copying during regular business hours at the FCC Reference
    Information Center, Portals II, 445 12^th^ Street, SW, Room CY-A257,
    Washington, D.C. 20554. This document and copies of subsequently
    filed documents in this matter may also be purchased from the
    Commission's duplicating contractor at Portals II, 445 12^th^
    Street, SW, Room CY-B402, Washington, DC 20554. Customers may
    contact the Commission's contractor at their web site
    www.bcpiweb.com or by calling 1-800-378-3160. A copy of the
    underlying petitions for waiver may also be found by searching ECFS
    at http://www.fcc.gov/cgb/ecfs .

23. To request materials in accessible formats for people with
    disabilities (Braille, large print, electronic files, audio format),
    send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
    Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This
    document can also be downloaded in Word or Portable Document Format
    (PDF) at: http://www.fcc.gov/cgb/dro. For further information,
    please contact Dana Wilson, Consumer & Governmental Affairs Bureau,
    Disability Rights Office, at (202) 418-2247 (voice), (202) 418-7898
    (TTY), or e-mail at Dana.Wilson@fcc.gov.

# ordering clauses

24. 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.

25. IT IS FURTHER ORDERED that the *VON Coalition Petition*, *USTelecom
    Petition,* and *Hamilton Petition* are granted in part, and denied
    in part, as set forth herein.

26. IT IS FURTHER ORDERED comments shall be filed within 30 days after
    publication of this item in the Federal Register, and reply comments
    shall be filed 45 after publication on this item in the Federal
    Register.

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

28. 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]: *See* Motion for Stay or Waiver of the Voice on the Net (VON)
    Coalition (Sept. 14, 2007) (*VON Coalition Petition*); United States
    Telecom Association Petition for Waiver of Certain Regulations
    Concerning Provision of 711 Dialing (Sept. 21, 2007) (*USTelecom
    Petition*); Hamilton Telephone Company d/b/a/ Hamilton
    Telecommunications, Petition for Waiver (Sept. 21, 2007) (*Hamilton
    Petition*).

[^2]: *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, FCC 07-110, 2007 WL 1744291
    (June 15, 2007) (*VoIP TRS Order*). This order became effective
    October 5, 2007.

[^3]: 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).

[^4]: *VoIP TRS Order*; *see* 47 C.F.R. §§ 9.3, 54.5 (defining
    "interconnected VoIP service" and "interconnected VoIP provider").

[^5]: *VoIP TRS Order* at 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 7 or 10-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.

[^6]: *See* 47 C.F.R. § 64.604(a)(4).

[^7]: *See* note 1, *supra.*

[^8]: *See* 47 C.F.R. § 64.603; *711 Order*.

[^9]: 47 C.F.R. § 64.604 (the TRS mandatory minimum standards).

[^10]: 47 C.F.R. § 64.604(a)(4).

[^11]: *Id.*

[^12]: *VoIP TRS Order* at paras. 32-43.

[^13]: *VoIP TRS Order* at para. 42*.*

[^14]: *See* *VON Coalition Petition* at 5. The VON Coalition does not
    seek a stay or waiver of section 64.604(c)(5)(iii)(A) or (B)
    governing carrier contributions to the Interstate TRS Fund.

[^15]: *VON Coalition Petition* at 11.

[^16]: *VON Coalition Petition* at 3. Although the VON Coalition
    requests additional time to implement all of the TRS requirements
    that were scheduled to take effect on October 5, 2007 (other than
    the provision requiring interconnected VoIP providers to contribute
    to the Interstate TRS Fund), it has provided specific evidence of
    implementation difficulties only with respect to the 711 abbreviated
    dialing requirement.

[^17]: *USTelecom Petition* (requesting limited waiver of emergency call
    handling rules on behalf of its members who are interconnected VoIP
    providers and those who are traditional TRS providers).

[^18]: *USTelecom Petition* at 5-6 (*i.e.,* to route the call to a relay
    provider).

[^19]: *USTelecom Petition* at 6. 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. A VoIP service is "nomadic" in the sense
    that it can be used from various locations.

[^20]: *USTelecom Petition* at 6. USTelecom notes that some
    interconnected VoIP providers "are considering whether to route all
    VoIP 711 calls to a single TRS center." *Id*. at 7, n.11.

[^21]: *USTelecom Petition* at 6-7. Even if the TRS provider completes
    the call to the appropriate PSAP, the PSAP may be unable to
    determine the caller's address or location by using the ANI provided
    by the TRS provider to check the ALI database, since the caller's
    ANI does not "match" his or her location. *Id*. at 7.

[^22]: *Hamilton Petition*.

[^23]: *Hamilton Petition* at 2-3.

[^24]: *Hamilton Petition* at 3. USTelecom's petition also requests a
    two-year waiver of the emergency call handling requirement, as it
    applies to TRS providers' obligation to accept and handle emergency
    calls when the caller uses an interconnected VoIP service and has a
    non-geographically relevant phone number or is using a VoIP service
    nomadically. *USTelecom Petition* at 9.

[^25]: 47 C.F.R. § 1.3; *see generally* *2004 TRS Report and Order*, 19
    FCC Rcd at 12520, para. 110 (discussing standard for waiving
    Commission rules).

[^26]: *VoIP TRS Order* at para. 42.

[^27]: As a practical matter, the call typically should be routed to a
    relay center in the state where the caller is physically located,
    except where a single relay provider serves more than one state, in
    which case, the call should be routed to the relay provider that
    serves the state in which the caller is located.

[^28]: We recognize that clarifying the *VoIP TRS Order* in this way
    effectively requires that all 711 calls (both emergency and
    non-emergency calls) carried by an interconnected VoIP provider be
    routed in this manner inasmuch as the interconnected VoIP provider
    has no way of knowing when its customer places a 711 call if it is
    an emergency call or not.

[^29]: *See* Opposition by the Coalition of Organizations for Accessible
    Technology (COAT) to Motion for Stay or Waiver by the VON Coalition
    and USTelecom Petition for Waiver, WC Docket 04-36 *et al*., at 5
    (filed Sept. 27, 2007).

[^30]: *Id.* at 5.

[^31]: *Id.*

[^32]: 47 C.F.R. § 64.604(a)(4).

[^33]: 47 C.F.R. § 64.604(a)(4).

[^34]: In fact, the relay provider may not even know that the call is
    being routed via an interconnected VoIP provider, rather than the
    PSTN.

[^35]: *See* note 1, *supra.*

[^36]: *See* Letter from Andrew Kreig, President, WCA, to Marlene H.
    Dortch, Secretary, Federal Communications Commission, WC Docket No.
    04-36 *et al*., at 2 (filed October 1, 2007).