### DA 07-2761

### June 22, 2007

**CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REMINDS STATES THAT CURRENT
TELECOMMUNICATION RELAY SERVICE (TRS) CERTIFICATION WILL EXPIRE ON JULY
26, 2008, AND PROVIDES A TIMELINE FOR SEEKING RECERTIFICATION**

**CG Docket No. 03-123**

The current TRS certifications for all states and territories will
expire on [July 26, 2008]{.underline}**.** Under the TRS regulations,
states can apply for "renewal" one year prior to expiration, *i.e.,*
July 26, 2007. 47 C.F.R. § 64.605(c).

# 

# BACKGROUND

TRS enables persons with hearing and speech disabilities to access the
telephone system to communicate with voice telephone users. Congress
created the TRS program in Title IV of the Americans with Disabilities
Act of 1990 (ADA), codified at Section 225 of the Communications Act of
1934. 47 U.S.C. § 225. Under the statute, TRS services are intended to
be functionally equivalent to voice telephone service. The TRS
regulations set forth mandatory minimum standards that TRS providers
must follow in offering service, and are intended to ensure that TRS
meets the functional equivalency mandate. *See* 47 C.F.R. §64.604 (set
forth in the attached Appendix).

Because the states have primary responsibility for the oversight and
compensation of intrastate TRS, the regulations also set forth the
process by which state TRS programs may be certified. 47 C.F.R. §
64.605; *see also* 47 U.S.C. §§ 225(c) & (d)(3)(B). The state
certification process is intended to ensure that TRS is provided in a
uniform manner throughout the United States and territories. The
relevant sections of § 64.605 are set forth in the Appendix.

**APPLICATIONS FOR CERTIFICATION:**

Applications for certification (or renewal of certification) may be
filed with the Commission beginning July 26, 2007. All certified state
TRS programs are required to provide traditional (TTY-based) TRS,
interstate Spanish language traditional TRS, and Speech-to-Speech (STS)
service. If a state program also offers Internet Protocol (IP) Relay,
Video Relay Service (VRS), Captioned Telephone Service, or IP Captioned
Telephone Service, the state must also demonstrate that it provides
these services consistent with the rules.

Although there is no deadline for filing, renewal applications should be
filed by October 1, 2007, to give the Commission time to review and rule
on the applications prior to the expiration of the prior certification.

Applications for certification are reviewed to determine whether the
state TRS program has sufficiently documented that it meets all of the
applicable mandatory minimum standards set forth in Section 64.604. If
the program exceeds the mandatory minimum standards, the state must
certify that the program does not conflict with federal law.

**PROCEDURES FOR FILING: All filings must reference CG Docket No.
03-123**.

**Electronic Filers**: Filings may be filed electronically using the
Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/>. Follow
the instructions provided on the website for submitting electronic
filings.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the filing for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers should
    include their full name, U.S. Postal Service mailing address, and
    the applicable docket or rulemaking number. Parties may also submit
    an electronic filing by Internet email. To get filing instructions,
    filers should send an email to <ecfs@fcc.gov>, and include the
    following words in the subject line or body of the message: get form
    \<your email address\>. A sample form and directions will be sent in
    response.

**Paper Filers:** Parties who choose to submit by paper must submit an
original and four copies of each filing on or before October 1, 2007. To
expedite the processing of complaint log summaries, states and
interstate TRS providers are encouraged to submit an additional copy to
Attn: Diane Mason, Federal Communications Commission, Consumer &
Governmental Affairs Bureau, 445 12^th^ Street, SW, Room 3-A503,
Washington, D.C. 20554 or by email at <Diane.Mason@fcc.gov>. Parties
should also submit electronic disk copies of their certification filing
on a standard 3.5 inch diskette or CD-Rom formatted in an IBM compatible
format using Word 2003 or compatible software. The electronic media
should be submitted in "read-only" mode and must be clearly labeled with
the state's name, the filing date and captioned "TRS Certification
Application."

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 Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). 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. All filings must be addressed to the Commission\'s Secretary,
Marlene H. Dortch, Office of the Secretary, Federal Communications
Commission, 445 12^th^ Street, SW, Room TW-B204, Washington, D.C. 20554.

**SUMMARY OF STATE TRS PROGRAM CERTIFICATION TIMELINE:**

  ---------------- ------------------------------ -----------------------
  **DATE**         **ITEM**                       **FCC ACTION**

  October, 2007    Public Notices are issued      **Public Notices** are
                   indicating that applications   released seeking
                   have been received by the      comment on the filing.
                   Commission and seeking comment Comments due within 30
                                                  days and then an
                                                  additional 15 days for
                                                  reply comments.

  September 2007   Applications for TRS           **Deficiency letters**
  -- May 2008      recertification are reviewed   are sent to request
                   for compliance with 47 C.F.R.  additional information
                   §§ 64.604 & 64.605.            that demonstrates
                                                  compliance with the
                                                  mandatory minimum
                                                  requirements.

  May - July, 2008 Public Notices informing       **Public Notice**
                   states that their applications 
                   for recertification have been  
                   reviewed and certification has 
                   been renewed.                  
  ---------------- ------------------------------ -----------------------

**ADDITIONAL INFORMATION**

A copy of this *Public Notice* and related documents are available for
public inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Suite
CY-A257, Washington, D.C. 20554, (202) 418-0270. These documents also
may be purchased from the Commission's duplicating contractor, Best Copy
and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room
CY-B402, Washington, D.C. 20554. Customers may contact BCPI at their web
site: www.bcpiweb.com or by calling 1-800-378-3160. Filings also may be
found by searching on the Commission\'s Electronic Comment Filing System
(ECFS) at http://www.fcc.gov/cgb/ecfs (insert CG Docket No. 03-123 into
the Proceeding block).

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 and Governmental Affairs Bureau
at (202) 418-0530 (voice), (202) 418-0432 (TTY). This *Public Notice*
also can be downloaded in Word or Portable Document Format (PDF) at:
<http://www.fcc.gov/cgb/dro>.

For further information regarding this *Public Notice*, please contact
Diane Mason, Consumer & Governmental Affairs Bureau, Disability Rights
Office, at (202) 418-7126 (voice), (202) 418-7828 (TTY), or e-mail at
<Diane.Mason@fcc.gov>.

APPENDIX

**RELEVANT RULES:**

§64.604 MANDATORY MINIMUM STANDARDS[^1]

The standards in this section are applicable December 18, 2000, except
as stated in paragraphs (c)(2) and (c)(7) of this section.

\(a\) *Operational standards*---(1) *Communications assistant (CA).* (i)
TRS providers are responsible for requiring that all CAs be sufficiently
trained to effectively meet the specialized communications needs of
individuals with hearing and speech disabilities.

\(ii\) CAs must have competent skills in typing, grammar, spelling,
interpretation of typewritten ASL, and familiarity with hearing and
speech disability cultures, languages and etiquette. CAs must possess
clear and articulate voice communications.

\(iii\) CAs must provide a typing speed of a minimum of 60 words per
minute. Technological aids may be used to reach the required typing
speed. Providers must give oral-to-type tests of CA speed.

\(iv\) TRS providers are responsible for requiring that VRS CAs are
qualified interpreters. A "qualified interpreter" is able to interpret
effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary.

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

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

\(vii\) TRS shall transmit conversations between TTY and voice callers
in real time.

\(2\) *Confidentiality and conversation content.* (i) Except as
authorized by section 705 of the Communications Act, 47 U.S.C. 605, CAs
are prohibited from disclosing the content of any relayed conversation
regardless of content, and with a limited exception for STS CAs, from
keeping records of the content of any conversation beyond the duration
of a call, even if to do so would be inconsistent with state or local
law. STS CAs may retain information from a particular call in order to
facilitate the completion of consecutive calls, at the request of the
user. The caller may request the STS CA to retain such information, or
the CA may ask the caller if he wants the CA to repeat the same
information during subsequent calls. The CA may retain the information
only for as long as it takes to complete the subsequent calls.

\(ii\) CAs are prohibited from intentionally altering a relayed
conversation and, to the extent that it is not inconsistent with
federal, state or local law regarding use of telephone company
facilities for illegal purposes, must relay all conversation verbatim
unless the relay user specifically requests summarization, or if the
user requests interpretation of an ASL call. An STS CA may facilitate
the call of an STS user with a speech disability so long as the CA does
not interfere with the independence of the user, the user maintains
control of the conversation, and the user does not object. Appropriate
measures must be taken by relay providers to ensure that confidentiality
of VRS users is maintained.

\(3\) *Types of calls.* (i) Consistent with the obligations of
telecommunications carrier operators, CAs are prohibited from refusing
single or sequential calls or limiting the length of calls utilizing
relay services.

\(ii\) Relay services shall be capable of handling any type of call
normally provided by telecommunications carriers unless the Commission
determines that it is not technologically feasible to do so. Relay
service providers have the burden of proving the infeasibility of
handling any type of call.

\(iii\) Relay service providers are permitted to decline to complete a
call because credit authorization is denied.

\(iv\) Relay services shall be capable of handling pay-per-call calls.

\(v\) TRS providers are required to provide the following types of TRS
calls: (1) Text-to-voice and voice-to-text; (2) VCO, two-line VCO,
VCO-to-TTY, and VCO-to-VCO; (3) HCO, two-line HCO, HCO-to-TTY,
HCO-to-HCO.

\(vi\) TRS providers are required to provide the following features: (1)
Call release functionality; (2) speed dialing functionality; and (3)
three-way calling functionality.

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

\(viii\) TRS providers shall provide, as TRS features, answering machine
and voice mail retrieval.

\(4\) *Handling of emergency calls.* Providers must use a system for
incoming emergency calls that, at a minimum, automatically and
immediately transfers the caller to an appropriate Public Safety
Answering Point (PSAP). An appropriate PSAP is 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.

\(5\) *STS called numbers.* Relay providers must offer STS users the
option to maintain at the relay center a list of names and telephone
numbers which the STS user calls. When the STS user requests one of
these names, the CA must repeat the name and state the telephone number
to the STS user. This information must be transferred to any new STS
provider.

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

\(2\) *Speed of answer.* (i) TRS providers shall ensure adequate TRS
facility staffing to provide callers with efficient access under
projected calling volumes, so that the probability of a busy response
due to CA unavailability shall be functionally equivalent to what a
voice caller would experience in attempting to reach a party through the
voice telephone network.

\(ii\) TRS facilities shall, except during network failure, answer 85%
of all calls within 10 seconds by any method which results in the
caller\'s call immediately being placed, not put in a queue or on hold.
The ten seconds begins at the time the call is delivered to the TRS
facility\'s network. A TRS facility shall ensure that adequate network
facilities shall be used in conjunction with TRS so that under projected
calling volume the probability of a busy response due to loop trunk
congestion shall be functionally equivalent to what a voice caller would
experience in attempting to reach a party through the voice telephone
network.

\(A\) The call is considered delivered when the TRS facility\'s
equipment accepts the call from the local exchange carrier (LEC) and the
public switched network actually delivers the call to the TRS facility.

\(B\) Abandoned calls shall be included in the speed-of-answer
calculation.

\(C\) A TRS provider\'s compliance with this rule shall be measured on a
daily basis.

\(D\) The system shall be designed to a P.01 standard.

\(E\) A LEC shall provide the call attempt rates and the rates of calls
blocked between the LEC and the TRS facility to relay administrators and
TRS providers upon request.

\(iii\) Speed of answer requirements for VRS providers are phased-in as
follows: by January 1, 2006, VRS providers must answer 80% of all calls
within 180 seconds, measured on a monthly basis; by July 1, 2006, VRS
providers must answer 80% of all calls within 150 seconds, measured on a
monthly basis; and by January 1, 2007, VRS providers must answer 80% of
all calls within 120 seconds, measured on a monthly basis. Abandoned
calls shall be included in the VRS speed of answer calculation.

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

\(4\) *TRS facilities.* (i) TRS shall operate every day, 24 hours a day.
Relay services that are not mandated by this Commission need not be
provided every day, 24 hours a day, except VRS.

\(ii\) TRS shall have redundancy features functionally equivalent to the
equipment in normal central offices, including uninterruptible power for
emergency use.

\(5\) *Technology.* No regulation set forth in this subpart is intended
to discourage or impair the development of improved technology that
fosters the availability of telecommunications to person with
disabilities. TRS facilities are permitted to use SS7 technology or any
other type of similar technology to enhance the functional equivalency
and quality of TRS. TRS facilities that utilize SS7 technology shall be
subject to the Calling Party Telephone Number rules set forth at 47 CFR
64.1600 *et seq.*

\(6\) *Caller ID.* When a TRS facility is able to transmit any calling
party identifying information to the public network, the TRS facility
must pass through, to the called party, at least one of the following:
the number of the TRS facility, 711, or the 10-digit number of the
calling party.

\(c\) *Functional standards*---(1) *Consumer complaint logs.*(i) States
and interstate providers must maintain a log of consumer complaints
including all complaints about TRS in the state, whether filed with the
TRS provider or the State, and must retain the log until the next
application for certification is granted. The log shall include, at a
minimum, the date the complaint was filed, the nature of the complaint,
the date of resolution, and an explanation of the resolution.

\(ii\) Beginning July 1, 2002, states and TRS providers shall submit
summaries of logs indicating the number of complaints received for the
12-month period ending May 31 to the Commission by July 1 of each year.
Summaries of logs submitted to the Commission on July 1, 2001 shall
indicate the number of complaints received from the date of OMB approval
through May 31, 2001.

\(2\) *Contact persons.* Beginning on June 30, 2000, State TRS Programs,
interstate TRS providers, and TRS providers that have state contracts
must submit to the Commission a contact person and/or office for TRS
consumer information and complaints about a certified State TRS
Program\'s provision of intrastate TRS, or, as appropriate, about the
TRS provider\'s service. This submission must include, at a minimum, the
following:

\(i\) The name and address of the office that receives complaints,
grievances, inquiries, and suggestions;

\(ii\) Voice and TTY telephone numbers, fax number, e-mail address, and
web address; and

\(iii\) The physical address to which correspondence should be sent.

\(3\) *Public access to information.* Carriers, through publication in
their directories, periodic billing inserts, placement of TRS
instructions in telephone directories, through directory assistance
services, and incorporation of TTY numbers in telephone directories,
shall assure that callers in their service areas are aware of the
availability and use of all forms of TRS. Efforts to educate the public
about TRS should extend to all segments of the public, including
individuals who are hard of hearing, speech disabled, and senior
citizens as well as members of the general population. In addition, each
common carrier providing telephone voice transmission services shall
conduct, not later than October 1, 2001, ongoing education and outreach
programs that publicize the availability of 711 access to TRS in a
manner reasonably designed to reach the largest number of consumers
possible.

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

\(5\) *Jurisdictional separation of costs*---(i) *General.* Where
appropriate, costs of providing TRS shall be separated in accordance
with the jurisdictional separation procedures and standards set forth in
the Commission\'s regulations adopted pursuant to section 410 of the
Communications Act of 1934, as amended.

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

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

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

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

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

\(D\) \[Reserved\]

\(E\) *Payments to TRS providers.* TRS Fund payments shall be
distributed to TRS providers based on formulas approved or modified by
the Commission. The administrator shall file schedules of payment
formulas with the Commission. Such formulas shall be designed to
compensate TRS providers for reasonable costs of providing interstate
TRS, and shall be subject to Commission approval. Such formulas shall be
based on total monthly interstate TRS minutes of use. TRS minutes of use
for purposes of interstate cost recovery under the TRS Fund are defined
as the minutes of use for completed interstate TRS calls placed through
the TRS center beginning after call set-up and concluding after the last
message call unit. In addition to the data required under paragraph
(c)(5)(iii)(C) of this section, all TRS providers, including providers
who are not interexchange carriers, local exchange carriers, or
certified state relay providers, must submit reports of interstate TRS
minutes of use to the administrator in order to receive payments. The
administrator shall establish procedures to verify payment claims, and
may suspend or delay payments to a TRS provider if the TRS provider
fails to provide adequate verification of payment upon reasonable
request, or if directed by the Commission to do so. The TRS Fund
administrator shall make payments only to eligible TRS providers
operating pursuant to the mandatory minimum standards as required in
§64.604, and after disbursements to the administrator for reasonable
expenses incurred by it in connection with TRS Fund administration. TRS
providers receiving payments shall file a form prescribed by the
administrator. The administrator shall fashion a form that is consistent
with parts 32 and 36 procedures reasonably tailored to meet the needs of
TRS providers. The Commission shall have authority to audit providers
and have access to all data, including carrier specific data, collected
by the fund administrator. The fund administrator shall have authority
to audit TRS providers reporting data to the administrator. The formulas
should appropriately compensate interstate providers for the provision
of VRS, whether intrastate or interstate.

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

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

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

(*3*) Interstate common carriers offering TRS pursuant to §64.604; or

(*4*) Video Relay Service (VRS) and Internet Protocol (IP) Relay
providers certified by the Commission pursuant to §64.605.

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

\(H\) Administrator reporting, monitoring, and filing requirements. The
administrator shall perform all filing and reporting functions required
in paragraphs (c)(5)(iii)(A) through (c)(5)(iii)(J) of this section. TRS
payment formulas and revenue requirements shall be filed with the
Commission on May 1 of each year, to be effective the following July 1.
The administrator shall report annually to the Commission an itemization
of monthly administrative costs which shall consist of all expenses,
receipts, and payments associated with the administration of the TRS
Fund. The administrator is required to keep the TRS Fund separate from
all other funds administered by the administrator, shall file a cost
allocation manual (CAM) and shall provide the Commission full access to
all data collected pursuant to the administration of the TRS Fund. The
administrator shall account for the financial transactions of the TRS
Fund in accordance with generally accepted accounting principles for
federal agencies and maintain the accounts of the TRS Fund in accordance
with the United States Government Standard General Ledger. When the
administrator, or any independent auditor hired by the administrator,
conducts audits of providers of services under the TRS program or
contributors to the TRS Fund, such audits shall be conducted in
accordance with generally accepted government auditing standards. In
administering the TRS Fund, the administrator shall also comply with all
relevant and applicable federal financial management and reporting
statutes. The administrator shall establish a non-paid voluntary
advisory committee of persons from the hearing and speech disability
community, TRS users (voice and text telephone), interstate service
providers, state representatives, and TRS providers, which will meet at
reasonable intervals (at least semi-annually) in order to monitor TRS
cost recovery matters. Each group shall select its own representative to
the committee. The administrator\'s annual report shall include a
discussion of the advisory committee deliberations.

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

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

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

\(6\) *Complaints*---(i) *Referral of complaint.* If a complaint to the
Commission alleges a violation of this subpart with respect to
intrastate TRS within a state and certification of the program of such
state under §64.605 is in effect, the Commission shall refer such
complaint to such state expeditiously.

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

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

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

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

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

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

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

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

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

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

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

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

(*2*) A complainant unsatisfied with the defendant\'s response to the
informal complaint and the staff\'s decision to terminate action on the
informal complaint may file a formal complaint with the Commission
pursuant to paragraph (c)(6)(v)(C) of this section.

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

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

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

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

(*4*) The relief sought.

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

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

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

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

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

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

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

\(7\) *Treatment of TRS customer information.* Beginning on July 21,
2000, all future contracts between the TRS administrator and the TRS
vendor shall provide for the transfer of TRS customer profile data from
the outgoing TRS vendor to the incoming TRS vendor. Such data must be
disclosed in usable form at least 60 days prior to the provider\'s last
day of service provision. Such data may not be used for any purpose
other than to connect the TRS user with the called parties desired by
that TRS user. Such information shall not be sold, distributed, shared
or revealed in any other way by the relay center or its employees,
unless compelled to do so by lawful order.

\[65 FR 38436, June 21, 2000, as amended at 65 FR 54804, Sept. 11, 2000;
67 FR 13229, Mar. 21, 2002; 68 FR 50977, Aug. 25, 2003; 69 FR 5719, Feb.
6, 2004; 69 FR 53351, Sept. 1, 2004; 69 FR 55985, Sept. 17, 2004; 69 FR
57231, Sept. 24, 2004; 70 FR 51658, Aug. 31, 2005; 70 FR 76215, Dec. 23,
2005\]

##### §64.605 STATE CERTIFICATION.

\(a\) *State documentation*---(1) *Certified state program.* Any state,
through its office of the governor or other delegated executive office
empowered to provide TRS, desiring to establish a state program under
this section shall submit, not later than October 1, 1992, documentation
to the Commission addressed to the Federal Communications Commission,
Chief, Consumer & Governmental Affairs Bureau, TRS Certification
Program, Washington, DC 20554, and captioned "TRS State Certification
Application." All documentation shall be submitted in narrative form,
shall clearly describe the state program for implementing intrastate
TRS, and the procedures and remedies for enforcing any requirements
imposed by the state program. The Commission shall give public notice of
states filing for certification including notification in the Federal
Register.

\(2\) *VRS and IP Relay provider.* Any entity desiring to provide VRS or
IP Relay services, independent from any certified state TRS program or
any TRS provider otherwise eligible for compensation from the Interstate
TRS Fund, and to receive compensation from the Interstate TRS Fund,
shall submit documentation to the Commission addressed to the Federal
Communications Commission, Chief, Consumer & Governmental Affairs
Bureau, TRS Certification Program, Washington, DC 20554, and captioned
"VRS and IP Relay Certification Application." The documentation shall
include, in narrative form:

\(i\) A description of the forms of TRS to be provided (*i.e.*, VRS
and/or IP Relay);

\(ii\) A description of how the provider will meet all non-waived
mandatory minimum standards applicable to each form of TRS offered;

\(iii\) A description of the provider\'s procedures for ensuring
compliance with all applicable TRS rules;

\(iv\) A description of the provider\'s complaint procedures;

\(v\) A narrative describing any areas in which the provider\'s service
will differ from the applicable mandatory minimum standards;

\(vi\) A narrative establishing that services that differ from the
mandatory minimum standards do not violate applicable mandatory minimum
standards;

\(vii\) Demonstration of status as a common carrier; and

\(viii\) A statement that the provider will file annual compliance
reports demonstrating continued compliance with these rules.

\(b\) (1) *Requirements for state certification.* After review of state
documentation, the Commission shall certify, by letter, or order, the
state program if the Commission determines that the state certification
documentation:

\(i\) Establishes that the state program meets or exceeds all
operational, technical, and functional minimum standards contained in
§64.604;

\(ii\) Establishes that the state program makes available adequate
procedures and remedies for enforcing the requirements of the state
program, including that it makes available to TRS users informational
materials on state and Commission complaint procedures sufficient for
users to know the proper procedures for filing complaints; and

\(iii\) Where a state program exceeds the mandatory minimum standards
contained in §64.604, the state establishes that its program in no way
conflicts with federal law.

\(2\) Requirements for VRS and IP Relay Provider FCC Certification.
After review of certification documentation, the Commission shall
certify, by Public Notice, that the VRS or IP Relay provider is eligible
for compensation from the Interstate TRS Fund if the Commission
determines that the certification documentation:

\(i\) Establishes that the provision of VRS and/or IP Relay will meet or
exceed all non-waived operational, technical, and functional minimum
standards contained in §64.604;

\(ii\) Establishes that the VRS and/or IP Relay provider makes available
adequate procedures and remedies for ensuring compliance with the
requirements of this section and the mandatory minimum standards
contained in §64.604, including that it makes available for TRS users
informational materials on complaint procedures sufficient for users to
know the proper procedures for filing complaints; and

\(iii\) Where the TRS service differs from the mandatory minimum
standards contained in §64.604, the VRS and/or IP Relay provider
establishes that its service does not violate applicable mandatory
minimum standards.

(c)(1) *State certification period.* State certification shall remain in
effect for five years. One year prior to expiration of certification, a
state may apply for renewal of its certification by filing documentation
as prescribed by paragraphs (a) and (b) of this section.

\(2\) *VRS and IP Relay Provider FCC certification period.*
Certification granted under this section shall remain in effect for five
years. A VRS or IP Relay provider may apply for renewal of its
certification by filing documentation with the Commission, at least 90
days prior to expiration of certification, containing the information
described in paragraph (a)(2) of this section.

\(d\) *Method of funding.* Except as provided in §64.604, the Commission
shall not refuse to certify a state program based solely on the method
such state will implement for funding intrastate TRS, but funding
mechanisms, if labeled, shall be labeled in a manner that promote
national understanding of TRS and do not offend the public.

(e)(1) *Suspension or revocation of state certification.* The Commission
may suspend or revoke such certification if, after notice and
opportunity for hearing, the Commission determines that such
certification is no longer warranted. In a state whose program has been
suspended or revoked, the Commission shall take such steps as may be
necessary, consistent with this subpart, to ensure continuity of TRS.
The Commission may, on its own motion, require a certified state program
to submit documentation demonstrating ongoing compliance with the
Commission\'s minimum standards if, for example, the Commission receives
evidence that a state program may not be in compliance with the minimum
standards.

\(2\) *Suspension or revocation of VRS and IP Relay Provider FCC
certification.* The Commission may suspend or revoke the certification
of a VRS or IP Relay provider if, after notice and opportunity for
hearing, the Commission determines that such certification is no longer
warranted. The Commission may, on its own motion, require a certified
VRS or IP Relay provider to submit documentation demonstrating ongoing
compliance with the Commission\'s minimum standards if, for example, the
Commission receives evidence that a certified VRS or IP Relay provider
may not be in compliance with the minimum standards.

\(f\) *Notification of substantive change.* (1) States must notify the
Commission of substantive changes in their TRS programs within 60 days
of when they occur, and must certify that the state TRS program
continues to meet federal minimum standards after implementing the
substantive change.

\(2\) VRS and IP Relay providers certified under this section must
notify the Commission of substantive changes in their TRS programs,
services, and features within 60 days of when such changes occur, and
must certify that the interstate TRS provider continues to meet federal
minimum standards after implementing the substantive change.

\(g\) VRS and IP Relay providers certified under this section shall file
with the Commission, on an annual basis, a report providing evidence
that they are in compliance with §64.604.

\[70 FR 76215, Dec. 23, 2005\]

[^1]: Note that some of these requirements have been waived for certain
    forms of TRS.