DA-08-1589

Released: July 3, 2008

**CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU CLARIFIES THE TRANSFERABILITY
OF TELECOMMUNICATIONS RELAY SERVICE (TRS) PROVIDER CERTIFICATION**

**CG Docket No. 03-123**

The Consumer & Governmental Affairs Bureau has received requests for
guidance concerning the transferability of Federal Communications
Commission (Commission) certification of Internet-based TRS providers as
eligible for compensation from the Interstate TRS Fund (Fund), pursuant
to the provider certification rules contained in section 64.605 of the
Commission's rules.[^1] We clarify that such certification is not
transferable. Therefore, in the event that an entity *not* certified
pursuant to section 64.605 purchases, acquires, or merges with another
TRS provider, the acquiring or surviving provider must be certified
under section 64.605 (or otherwise eligible for compensation from the
Fund) before it can receive payments from the Fund. On the other hand,
if an entity that *is* certified pursuant to section 64.605 purchases,
acquires, or merges with another TRS provider, the acquiring or
surviving provider need only notify the Commission of the change in its
TRS program and provision of service within 60 days pursuant to section
64.605(f)(2).[^2]

In the *2005* *Certification Order*, the Commission established a new
federal certification process for common carriers seeking to offer Video
Relay Service (VRS) and/or Internet Protocol (IP) Relay and receive
compensation from the Fund.[^3] The certification of eligibility for
compensation from the Fund is based on a provider's showing that it will
offer service in compliance with the Commission's rules.[^4] The
certification rules also require certified providers to notify the
Commission "of substantive changes in their TRS programs, services, and
features within 60 days of when such changes occur, and ... \[to\]
certify that the Interstate TRS provider continues to meet federal
minimum standards after implementing the substantive change."[^5]

Given the recent mergers and acquisitions of TRS providers, we clarify
that if the acquiring entity is not already eligible to receive
compensation from the Fund, it must be certified under section 64.605
(or otherwise become eligible for compensation from the Fund) *before*
it can offer service for which it seeks payment from the Fund. Because
the Commission certifies providers based on the attestations of their
owners or their representatives, who are ultimately responsible for
compliance with the Commission's rules, the certification of a provider
does not automatically transfer to new owners.

We also clarify that for providers certified under section 64.605, the
acquisition of another provider's service, or a merger or similar
transaction, constitutes a "substantive change" under section
64.605(f)(2) and requires notice to the Commission within 60 days
pursuant to section 64.605(f)(2). Under this rule, the acquiring or
surviving company must notify the Commission of the changes to its
program and provision of service that result from the acquisition and
"must certify that the interstate TRS provider continues to meet federal
minimum standards."[^6] To meet the latter requirement, the provider may
either certify that the responses provided in its initial certification
application upon which the Commission based certification remain
accurate, or describe any changes and certify their compliance with the
Commission's rules.

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 *Public Notice*
can also be downloaded in Word or Portable Document Format (PDF) at:
<http://www.fcc.gov/cgb/dro/trs.html#orders>.

For further information, please contact Gregory Hlibok, Consumer &
Governmental Affairs Bureau, Disability Rights Office, at (800) 311-4381
(voice), (202) 418-0431 (TTY), or e-mail at <Gregory.Hlibok@fcc.gov>.

[^1]: *See* 47 C.F.R. § 64.605. TRS, created by Title IV of the
    Americans with Disabilities Act of 1990 (ADA), enables an individual
    with a hearing or speech disability to access the nation's telephone
    system to communicate with voice telephone users. *See* *generally*
    47 U.S.C. § 225; 47 C.F.R. § 64.601 *et seq.* (the TRS regulations).
    There are several forms of TRS, including three that are
    Internet-based: Video Relay Service (VRS), Internet Protocol (IP)
    Relay (IP Relay), and IP captioned telephone service (IP CTS). *See
    generally Telecommunications Relay Services and Speech-to-Speech
    Services for Individuals with Hearing and Speech Disabilities, E911
    Requirements for IP-Enabled Service Providers*, CG Docket No.
    03-123, WC Docket No. 05-196, Report and Order, 23 FCC Rcd 5255,
    5255-57, at paras. 1-2 (March 19, 2008).

[^2]: 47 C.F.R. § 64.605(f)(2) (requiring that certified providers
    "notify the Commission of substantive changes in their TRS programs,
    services, and features within 60 days of when such changes occur,
    and ... certify that the ... provider continues to meet federal
    minimum standards after implementing the substantive change").

[^3]: *Telecommunications Relay Services and Speech-to-Speech Services
    for Individuals with Hearing and Speech Disabilities,* CG Docket No.
    03-123, Report and Order and Order on Reconsideration, 20 FCC Rcd
    20577 (Dec. 12, 2005) (*2005 Certification Order*) (amending 47
    C.F.R. § 64.605). Subsequently, the Commission also permitted IP CTS
    providers to be certified by the Commission under section 64.605.
    *See Telecommunications Relay Services and Speech-to-Speech Services
    for Individuals with Hearing and Speech Disabilities; Internet-based
    Captioned Telephone Service*, CG Docket No. 03-123, Declaratory
    Ruling, 22 FCC Rcd 379 (Jan. 11, 2007) (*IP CTS Declaratory
    Ruling*).

[^4]: *See 2005 Certification Order*, 20 FCC Rcd at 20588, para. 22*;*
    47 C.F.R. § 64.605(a)(2); *see* *generally* 47 C.F.R. § 64.604
    (setting forth the TRS mandatory minimum standards).

[^5]: 47 C.F.R. § 64.605(f)(2); *2005 Certification Order,* 20 FCC Rcd
    at 20590, para. 25.

[^6]: 47 C.F.R. § 64.605(f)(2).