**PUBLIC NOTICE**![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

**Federal Communications Commission**

**445 12th St., S.W.**

**Washington, D.C. 20554**

# DA 99-1871

## Released: September 14, 1999

> COMMON CARRIER BUREAU REMINDS ALL COMMON CARRIERS OF THEIR OBLIGATION
> TO PROVIDE ACCESS
>
> TO THEIR TELECOMMUNICATIONS SERVICES VIA TELECOMMUNICATIONS RELAY
> SERVICES
>
> By this Public Notice, the Common Carrier Bureau reminds all common
> carriers of their obligation to provide access to their services via
> telecommunications relay service (TRS) throughout the area(s) in which
> they offer telecommunications services. TRS allows individuals with
> hearing or speech disabilities to communicate by telephone with
> individuals who may or may not have such disabilities. TRS facilities
> are equipped with special equipment and are staffed by communications
> assistants (CAs) who relay the conversations between the caller and
> the called party by speaking or typing text.
>
> Title IV of the American with Disabilities Act of 1990 (ADA) requires
> the Commission to ensure that TRS is available, to the extent possible
> and in the most efficient manner, to individuals with hearing or
> speech disabilities in the United States. Pub. L. No. 101-336, § 401,
> 104 Stat. 327,366-69 (codified as Section 225 of the Communications
> Act of 1934, as amended, 47 U.S.C. § 225); s*ee* 47 U.S.C. § 225(b).
> Carriers are required to provide TRS, in compliance with regulations
> prescribed by the Commission, throughout the areas in which they offer
> service. 47 U.S.C § 225(c).
>
> To satisfy the ADA's mandate, the Commission adopted comprehensive
> rules delineating the TRS obligations of carriers, including a
> requirement that interexchange carriers (IXCs) provide equal access
> for TRS users. 47 C.F.R. § 64.604(b)(3). Under this requirement, "TRS
> users shall have access to their chosen interexchange carrier, and to
> all other operator services, to the same extent that such access is
> provided to voice users." *Id.*
>
> Pursuant to the implementation schedule mandated by the ADA,
> nationwide TRS has been generally available throughout the United
> States since 1993. 47 U.S.C. § 225(c). The primary purpose of the ADA
> and the Commission's TRS implementing rules is to provide individuals
> with hearing or speech disabilities telecommunications services that
> are functionally equivalent to those provided to individuals without
> hearing or speech disabilities. This goal is achieved, in part,
> through nationwide TRS. Various competitive telecommunications
> services are continuing to enter the telecommunications market. To
> realize the full benefits of such competition, TRS users must have
> equal access to the public switched network to the same extent as
> non-TRS users.
>
> It has come to the Commission's attention, however, that TRS users do
> not always have the same access to their carrier of choice or special
> pricing plans as non-TRS users. The Commission has been informed that
> some TRS users have been unable to place TRS calls through their
> chosen carrier or have been unable to make "dial-around" calls using a
> carrier-specific access code. If TRS users are not able to use their
> carrier of choice and are forced to select an alternative provider,
> they may pay rates that are higher than those charged by their
> preferred carrier, or may not have access to particular services. This
> result is inconsistent with the ADA and the Commission's rules. *See*
> 47 U.S.C § 225(c); 47 C.F.R §§ 64.603, 64.604(b)(3). Carriers should
> take appropriate measures to ensure that callers in the areas that
> they serve have access to their services through TRS.
>
> Because the Commission's rules require each common carrier to allow
> access via TRS to their services throughout the area(s) in which they
> offer service, the Commission is reviewing the extent to which TRS
> users are unable to access their chosen carrier. The Commission
> intends to work with TRS users, the industry, TRS centers, state
> commissions, and other interested parties to ensure that TRS users
> have equal access to their carrier of choice. We remind carriers,
> however, that the Commission may consider enforcement action,
> including forfeitures, should this obligation not be met.
>
> For further information contact Cheryl L. Callahan at (202) 418-1806,
> <ccallaha@fcc.gov>, or Debra Sabourin at (202) 418-0976,
> <dsabouri@fcc.gov>, of the Common Carrier Bureau, Network Services
> Division; TTY Number: (202) 418-0484.