**DA 08-2514**

**Released: November 14, 2008**

**NOTICE OF CERTIFICATION OF GOAMERICA, INC., AS A PROVIDER OF INTERNET
PROTOCOL CAPTIONING TELEPHONE 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 May 1, 2008, GoAmerica, Inc. (GoAmerica) filed an application for
certification[^1] as a provider of Internet Protocol Captioning
Telephone Service (IP CTS) eligible for compensation from the Interstate
Telecommunications Relay Services (TRS) Fund (Fund)[^2] pursuant to the
TRS provider certification rules.[^3] GoAmerica's application is
granted.

On January 11, 2007, the Commission released the *IP CTS Declaratory
Ruling*, which recognized IP CTS as a form of TRS eligible for
compensation from the Fund.[^4] In the *IP CTS Declaratory Ruling*, the
Commission also stated that common carriers desiring to offer IP CTS may
become eligible to receive compensation from the Fund by seeking
certification from the Commission pursuant to the TRS provider
certification rules.[^5] Under these rules, a provider seeking
certification must submit documentation to the Commission setting forth,
in narrative form:

> \(i\) A description of the forms of TRS to be provided ...; (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 is
eligible for compensation from the Fund if the Commission determines
that the certification documentation:

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

We have reviewed the *GoAmerica Application* pursuant to these rules. We
conclude that GoAmerica has sufficiently demonstrated that its provision
of IP CTS 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
GoAmerica's service differs from the mandatory minimum standards, the
service does not violate the rules.

We grant GoAmerica's application subject to compliance with applicable
TRS rules.[^8] This certification shall remain in effect for a period of
five years from the release date of this *Public Notice*.[^9] Within
ninety days prior to the expiration of this certification, GoAmerica may
apply for renewal of its IP CTS provider certification by filing
documentation in accordance with the Commission\'s rules.[^10]

A copy of GoAmerica's application 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 or by calling 1-800-378-3160. A copy of
GoAmerica'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.

**-FCC-**

[^1]: GoAmerica*, Application by GoAmerica, Inc. for Amendment of Its
    Telecommunications Relay Services Certification to Include
    Certification as a Provider of IP Captioned Telephone Service*, CG
    Docket No. 03-123 (May 1, 2008) (*GoAmerica Application*).

[^2]: 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(21). Eligible
    providers receive compensation from the Interstate TRS Fund for the
    provision of various forms of TRS, including IP CTS. *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, 20 FCC Rcd 20577 (Dec. 12,
    2005) (*TRS Provider Certification Order*); 47 C.F.R. § 64.606
    (formerly 47 C.F.R. § 64.605).

[^4]: *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*). IP CTS is a form of captioned telephone
    service that transmits the captions between the relay provider and
    the user via the Internet, rather than the Public Switched Telephone
    Network (PSTN).

[^5]: *Id.,* 22 FCC Rcd at 390-91, paras. 27-28; *see* 47 C.F.R. §
    64.606.

[^6]: 47 C.F.R. § 64.606(a)(2)(i)-(viii).

[^7]: 47 C.F.R. § 64.606(b)(2)(i)-(iii).

[^8]: *See* 47 C.F.R. § 64.606(e)(2) (Commission may require certified
    providers to submit documentation demonstrating compliance with the
    mandatory minimum standards). Also, GoAmerica must file an annual
    report with the Commission documenting 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.

[^9]: *See* 47 C.F.R. § 64.606(c)(2).

[^10]: *See id.*