**DA 09-12**

**Released: January 7, 2009**

**NOTICE OF CERTIFICATION OF AMERICAN NETWORK AS A PROVIDER OF INTERNET
PROTOCOL RELAY SERVICE (IP RELAY), VIDEO RELAY SERVICE (VRS), INTERNET
PROTOCOL CAPTIONED TELEPHONE RELAY SERVICE (IP CTS) ELIGIBLE FOR
COMPENSATION FROM THE INTERSTATE TELECOMMUNICATIONS RELAY SERVICE (TRS)
FUND**

**CG DOCKET NO. 03-123**

By the Chief, Consumer and Governmental Affairs Bureau:

On February 28, 2008, American Network filed an application for
certification[^1] as a provider of Internet Protocol (IP) Relay and
Video Relay Service (VRS) eligible for compensation from the Interstate
TRS Fund (Fund)[^2] pursuant to the provider certification rules.[^3] On
May 23, 2008, American Network submitted an amendment to its application
to also seek certification as a provider of Internet Protocol Captioned
Telephone Service (IP CTS).[^4] American Network's application is
granted, subject to the conditions noted below.

On December 12, 2005, the Commission released an order adopting new
rules permitting carriers desiring to offer IP Relay and VRS services
and receive payment from the Fund to seek certification as a provider
eligible for compensation from the Fund.[^5] In the *IP CTS Declaratory
Ruling*, the Commission extended the provider certification rules to
providers of IP CTS.[^6] The certification rules require entities
seeking such certification to submit documentation to the Commission
setting forth, in narrative form:

> \(i\) a description of the forms of TRS to be provided (*i.e.,* VRS,
> IP Relay and/or IP CTS); (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.\[[^7]\]

The rules further provide that after review of the submitted
documentation, the Commission shall certify that the provider of IP
Relay, VRS and IP CTS is eligible for compensation from the Fund if the
Commission determines that the certification documentation:

> \(i\) establishes that the provision of IP Relay, VRS and IP CTS \...
> will meet or exceed all non-waived operational, technical, and
> functional minimum standards contained in § 64.604;
>
> \(ii\) establishes that the IP Relay, VRS and IP CTS\... 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 its users informational materials on complaint
> procedures sufficient for users to know the proper procedures for
> filing complaints; and
>
> \(iii\) where its service differs from the mandatory minimum standards
> contained in § 64.604, the IP Relay, VRS and IP CTS \... provider
> establishes that its service does not violate applicable mandatory
> minimum standards.\[[^8]\]

We have reviewed the *American Network Application* and the *American
Network Amendment* pursuant to these rules. We conclude that American
Network has sufficiently demonstrated that its proposed provision of IP
Relay, VRS, and IP CTS services will meet or exceed all operational,
technical, and functional TRS standards set forth in the Commission's
rules, 47 C.F.R. § 64.604; that it will make available adequate
procedures and remedies for ensuring compliance with applicable
Commission rules; and that to the extent American Network's service
differs from the mandatory minimum standards, the service will not
violate the rules.

We grant American Network's application subject to compliance with
applicable Commission orders, including the declaratory ruling requiring
the interoperability of VRS equipment and service,[^9] the order
requiring emergency call handling for Internet-based TRS services on an
interim basis,[^10] and the orders requiring the assignment of ten-digit
telephone numbers to Internet-based TRS users and the compliance of E911
requirements.[^11] This certification shall remain in effect for a
period of five years from the release date of this *Public Notice*.[^12]
Within ninety days prior to the expiration of this certification,
American Network may apply for renewal of its IP Relay, VRS, and IP CTS
services certification by filing documentation in accordance with the
Commission\'s rules.[^13]

A copy of American Network's original application and its amendment 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. The
full text of this *Public Notice* is similarly available for public
inspection or copying. These documents may also 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. A copy of American Network's original
application and its amendment may also 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 & 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.

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.

**-FCC-**

[^1]: American Network, *Application for Certification as a Video Relay
    Service and IP Relay Service Provider*, CG Docket No. 03-123 (Feb.
    28, 2008) (*American Network Application*).

[^2]: Telecommunications relay service (TRS), created by Title IV of the
    Americans with Disabilities Act of 1990 (ADA), enables an individual
    with a hearing or speech disability to communicate by telephone or
    other device through the telephone system with a person without such
    a disability. *See* 47 U.S.C. § 225(a)(3) (defining TRS); 47 C.F.R.
    § 64.601(15). IP Relay is an Internet-based form of TRS that permits
    an individual with a hearing or a speech disability to communicate
    in text using an Internet Protocol-enabled device via the Internet,
    rather than using a text telephone (TTY) and the public switched
    telephone network (PSTN). Video Relay Service is an Internet-based
    form of TRS that, rather than using text, allows people with hearing
    or speech disabilities who use sign language to communicate with
    voice telephone users through video equipment. The video link allows
    the CA to view and interpret the party's signed conversation and
    relay the conversation back and forth with a voice caller. *See* 47
    C.F.R. § 64.601(18). The Interstate TRS Fund compensates eligible
    providers of IP Relay, VRS, and other forms of TRS for their
    reasonable actual costs of providing service. *See* 47 C.F.R. §
    64.604(c)(5)(iii).

[^3]: *See* 47 C.F.R. § 64.606; *Telecommunications Relay Services for
    Individuals with Hearing and Speech Disabilities,* Report and Order
    and Order on Reconsideration, CG Docket No. 03-123, 20 FCC Rcd 20577
    (Dec. 12, 2005) (*2005 IP Relay and VRS Certification Order*).

[^4]: American Network, *Amendment to Application of American Network,
    Inc. for Certification as a Video Relay Service and IP Relay Service
    Provider*, CG Docket No. 03-123 (May 23, 2008) (*American Network
    Amendment*). IP CTS is an Internet-based form of TRS that permits an
    individual who can speak, but who has difficulty hearing, to use a
    telephone and an Internet Protocol-enabled device via the Internet
    to simultaneously listen to the other party and read captions of
    what the other party is saying. With IP CTS, the connection carrying
    the captions between the relay service provider and the relay
    service user is via the Internet, rather than the PSTN. *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*). The provider certification rules also apply to providers
    seeking to offer IP CTS. *Id.*

[^5]: *See 2005 IP Relay and VRS Certification Order, supra.*

[^6]: *See IP CTS Declaratory Ruling , supra.*

[^7]: 47 C.F.R. § 64.606(a)(2).

[^8]: 47 C.F.R. § 64.606(b)(2).

[^9]: *See Telecommunications Relay Services for Individuals with
    Hearing and Speech Disabilities,* CG Docket No. 03-123, Declaratory
    Ruling and Further Notice of Proposed Rulemaking, 21 FCC Rcd 5442
    (May 9, 2006); *see also* 47 C.F.R. § 64.606(e)(2) (Commission may
    require certified providers to submit documentation demonstrating
    compliance with the mandatory minimum standards).

[^10]: *See 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
    (March 19, 2008).

[^11]: *See 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 and Further Notice of
    Proposed Rulemaking, 23 FCC Rcd 11591 (June 24, 2008);
    *Telecommunications Relay Services and Speech-to-Speech Services for
    Individuals with Hearing and Speech Disabilities; E911 Requirements
    for IP-Enabled Service Providers,* Second Report and Order and Order
    on Reconsideration*,* CG Docket Nos. 03-123 & 98-67, WC Docket No.
    05-196, FCC 08-275 (Dec. 19, 2008). Further, American Network must
    file an annual report with the Commission evidencing that they are
    in compliance with Section 64.604. 47 C.F.R. § 64.606(g). The first
    such report shall be due one year after the release date of this
    *Public Notice*, and subsequent reports shall be due each year
    thereafter.

[^12]: *See* 47 C.F.R. § 64.606(c)(2).

[^13]: *See id.*