**DA 06-1243**

**Released: June 9, 2006**

**NOTICE OF CERTIFICATION OF HEALINC TELECOM, LLC AS A PROVIDER OF VIDEO
RELAY SERVICE (VRS) 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 22, 2006, Healinc Telecom, LLC (Healinc) filed an
application for certification[^1] as a VRS and IP Relay provider
eligible for compensation from the Interstate TRS Fund (Fund)[^2]
pursuant to the recently adopted provider certification rules.[^3] On
April 18, 2006, Healinc submitted an addendum[^4] to its original
application clarifying that it was seeking certification only as a
provider of VRS. The addendum also documented Healinc's compliance with
some mandatory minimum standards that were not addressed in its original
application. Healinc'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 VRS and receive payment from
the Fund to seek certification as a provider eligible for compensation
from the Fund.[^5] The 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
> 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.\[[^6]\]

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

> \(i\) establishes that the provision of VRS \... will meet or exceed
> all non-waived operational, technical, and functional minimum
> standards contained in § 64.604;
>
> \(ii\) establishes that the VRS \... 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 \... provider establishes
> that its service does not violate applicable mandatory minimum
> standards.\[[^7]\]

We have reviewed the *Healinc Application* and *Healinc Addendum*
pursuant to these rules. We conclude that Healinc has sufficiently
demonstrated that its provision of VRS service 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 makes available adequate
procedures and remedies for ensuring compliance with applicable
Commission rules; and that to the extent Healinc's service differs from
the mandatory minimum standards, the service does not violate the
rules.[^8]

We note that the Commission has adopted a declaratory ruling requiring
the interoperability of VRS equipment and service.[^9] We condition this
grant of certification upon compliance with that order.[^10] This
certification shall remain in effect for a period of five years from the
release date of this *Public Notice*.[^11] Within ninety days prior to
the expiration of this certification, Healinc may apply for renewal of
its VRS service certification by filing documentation in accordance with
the Commission\'s rules.[^12]

A copy of Healinc's application and addendum is available for public
inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12^th^ 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 at Portals II, 445 12^th^ Street, SW., Room CY-B402,
Washington, D.C. 20554. Customers may contact the Commission's
duplicating contractor at their web site:
[www.bcpiweb.com](http://www.bcpiweb.com/) or by calling 1-800-378-3160.
A copy of Healinc's application 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 (866) 410-5787
ext. 16757 (voice), (202) 418-0431 (TTY), or e-mail at
[Gregory.Hlibok@fcc.gov](mailto:Dana.Jackson@fcc.gov).

**-FCC-**

[^1]: Healinc Telecom, LLC, *VRS Certification Application of Healinc
    Telecom, LLC*, CG Docket No. 03-123 (Feb. 22, 2006) (*Healinc
    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(14). 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(12). The Interstate TRS Fund
    compensates eligible providers of VRS and other forms or VRS for
    their costs of providing TRS. *See* 47 C.F.R. § 64.604(c)(5)(iii).

[^3]: *See Telecommunications Relay Services for Individuals with
    Hearing and Speech Disabilities,* Report and Order and Order on
    Reconsideration, CG Docket No. 03-123, FCC 05-203 (Dec. 12, 2005)
    (*2005 VRS Provider Order*); 47 C.F.R. § 64.605(a)(2). The rules
    also apply to providers seeking to offer Internet Protocol (IP)
    Relay. Prior to the *2005 VRS Provider Order*, an entity desiring to
    offer TRS and receive compensation from the Fund had to meet one of
    the three eligibility standards set forth in 47 C.F.R. §
    64.604(c)(5)(iii)(F).

[^4]: Healinc Telecom, LLC, *VRS Certification Addendum of Healinc
    Telecom, LLC*, CG Docket No. 03-123 (April 18, 2006) (*Healinc
    Addendum*).

[^5]: *2005 VRS Provider Order, supra.*

[^6]: 47 C.F.R. § 64.605(a)(2).

[^7]: 47 C.F.R. § 64.605(b)(2).

[^8]: *See, e.g., Healinc Application* at page 9-13 of Appendix 2
    (noting that Healinc will offer picture caller ID, picture directory
    of VRS CAs, and text messaging service).

[^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, FCC 06-57 (May 9,
    2006)(addressing California Coalition of Agencies Serving the Deaf
    and Hard of Hearing (CCASDHH), *Petition for Declaratory Ruling on
    Interoperability*, CC Docket No. 98-67, CG Docket No. 03-123 (filed
    Feb. 15, 2005)).

[^10]: *See also* 47 C.F.R. § 64.605(e)(2) (Commission may require
    certified providers to submit documentation demonstrating compliance
    with the mandatory minimum standards). Further, Healinc must file an
    annual report with the Commission evidencing that they are in
    compliance with Section 64.604. 47 C.F.R. § 64.605(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.

[^11]: *See* 47 C.F.R. § 64.605(c)(2).

[^12]: *See id.*