**DA 06-2578**

**Released: December 22, 2006**

**NOTICE OF CERTIFICATION OF HANDS ON VIDEO RELAY SERVICES, INC. AS A
PROVIDER OF INTERNET PROTOCOL RELAY (IP RELAY) AND 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 October 4, 2006, Hands On Video Relay Services, Inc. (Hands On) filed
an application for certification[^1] as a provider of IP Relay and Video
Relay Service (VRS) eligible for compensation from the Interstate TRS
Fund (Fund)[^2] pursuant to the IP Relay and VRS provider certification
rules.[^3] On November 21, 2006, Hands On submitted a supplement to its
application for certification.[^4] Hands On'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/or VRS services
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 provider of IP
Relay and VRS services is eligible for compensation from the Fund if the
Commission determines that the certification documentation:

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

We have reviewed the *Hands On Application* and *Hands On Supplement*
pursuant to these rules. We conclude that Hands On has adequately
demonstrated that its provision of IP Relay and VRS 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 makes
available adequate procedures and remedies for ensuring compliance with
applicable Commission rules; and that to the extent Hands On's service
differs from the mandatory minimum standards, the service does not
violate the rules.

We note that the Commission has adopted a declaratory ruling requiring
the interoperability of VRS equipment and service.[^8] We condition this
grant of certification upon compliance with that order.[^9]

This certification shall remain in effect for a period of five years
from the release date of this *Public Notice*.[^10] Within ninety days
prior to the expiration of this certification, Hands On may apply for
renewal of its IP Relay and VRS provider certification by filing
documentation in accordance with the Commission\'s rules.[^11]

A copy of Hands On's application and supplement is 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](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 (800) 311-4381
(voice), (202) 418-0431 (TTY), or e-mail at
[Gregory.Hlibok@fcc.gov](mailto:Dana.Jackson@fcc.gov).

**-FCC-**

[^1]: Hands On Video Relay Services, Inc., *Application for
    Certification as an Eligible VRS and IP Relay Provider*, CG Docket
    No. 03-123 (October 4, 2006) (*Hands On 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 access the nation's telephone
    system through a communications assistant (CA). *See* 47 U.S.C. §
    225(a)(3) (defining TRS); 47 C.F.R. § 64.601(14). IP Relay service
    is a text based form of TRS that allows user connection to the TRS
    facility via a computer (or other similar device) and the Internet,
    rather than via a TTY and the Public Switched Telephone Network
    (PSTN). *See Provision of Improved Telecommunications Relay Services
    and Speech-to-Speech Services for Individuals with Hearing and
    Speech Disabilities*, CC Docket No. 98-67, Declaratory Ruling and
    Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 7779 (April
    22, 2002). VRS is an Internet-based form of TRS that, rather than
    using text, allows persons 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 IP Relay and
    VRS, and other forms of TRS, for their reasonable costs of providing
    service. *See* 47 C.F.R. § 64.604(c)(5)(iii).

[^3]: *See 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 1719 (Dec. 12, 2005) (*2005 IP Relay and VRS Certification
    Order*); 47 C.F.R. § 64.605(a)(2). Prior to the *2005 IP Relay and
    VRS Certification 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]: Hands On, Inc., *Supplement to Application for Certification as a
    VRS and IP Relay Provider of Hands On Video Relay Services, Inc.*,
    CG Docket No. 03-123 (November 21, 2006) (*Hands On Supplement*).

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

[^6]: 47 C.F.R. § 64.605(a)(2).

[^7]: 47 C.F.R. § 64.605(b)(2).

[^8]: *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).

[^9]: *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, Hands On 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.

[^10]: *See* 47 C.F.R. § 64.605(c)(2).

[^11]: *See id.*