**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | CG Docket No. 03-123         |
|                                  | *) |                              |
| Telecommunications Relay         | ** |                              |
| Services and                     |    |                              |
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| Speech-to-Speech Services for    | *) |                              |
|                                  | ** |                              |
| Individuals with Hearing and     |    |                              |
| Speech Disabilities              | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: December 15, 2006 Released: December 15, 2006**

By the Chief, Consumer & Governmental Affairs Bureau:

# introduction

1.  Telecommunications relay service (TRS) providers are required to
    handle emergency calls by immediately and automatically transferring
    the calls to an appropriate public safety answering point
    (PSAP).[^1] The Commission has waived this requirement for providers
    of Video Relay Service (VRS), a form of TRS,[^2] due to the
    technological challenges related to determining the geographic
    location of TRS calls that originate via the Internet.[^3] This
    waiver expires on January 1, 2007.[^4] As explained below, we extend
    the waiver for one year in view of these continued technological
    challenges.[^5] Accordingly, the waiver of the emergency call
    handling requirement for VRS providers will expire on January 1,
    2008, or upon the release of an order addressing this issue,
    whichever comes first.

# background

2.  The Commission's TRS regulations set forth operational, technical,
    and functional mandatory minimum standards applicable to the
    provision of TRS.[^6] To be eligible for reimbursement from the
    Interstate TRS Fund, a TRS provider must offer service in compliance
    with all applicable mandatory minimum standards, unless they are
    waived.[^7] The mandatory minimum standards require TRS providers to
    handle emergency calls by immediately and automatically transferring
    the calls to an appropriate PSAP.[^8] The Commission recognizes that
    many individuals use VRS and IP Relay to contact emergency services
    despite the fact that persons with hearing and speech disabilities
    can make emergency calls directly to the PSAP by calling 911 through
    a TTY and a traditional telephone line.[^9]

3.  In March 2000, the Commission recognized VRS as a form of TRS
    eligible for compensation from the Interstate TRS Fund.[^10] On
    December 31, 2001, the Commission granted VRS providers a two-year
    waiver of certain TRS mandatory minimum standards, including the
    emergency call handling requirement.[^11] This waiver was extended
    to January 1, 2007.[^12]

4.  On November 30, 2005, the Commission released the *VRS 911 NPRM*,
    seeking comment on how providers of the Internet-based TRS services,
    including VRS, may determine the appropriate PSAP to contact when
    they receive an emergency call.[^13] The Commission emphasized the
    importance of developing the technology required to promptly route
    VRS calls seeking emergency assistance to the appropriate emergency
    service provider.[^14]

5.  On November 14, 2006, Sprint Nextel Corporation filed a petition to
    extend the waiver until January 1, 2008, or until the release of an
    order addressing this matter, whichever happens first.[^15] In its
    petition, Sprint states that the technological challenges that led
    to the extension of the current waiver for VRS are still
    present.[^16] Sprint therefore states that because providers are
    still unable to automatically determine the geographic location of
    VRS callers, there is good cause for extending the waiver.[^17]

6.  On November 15, 2006, the Commission held the E9-1-1 Disability
    Access Summit (Summit) to discuss advances in E9-1-1 calling
    technology and access for persons with hearing and speech
    disabilities, including via VRS calls.[^18] The Summit brought
    together representatives from the government, industry, and consumer
    groups to exchange information and evaluate options for addressing
    this critical issue.

7.  During the Summit, Sprint, Communications Services for the Deaf
    (CSD), Communications Access Center (CAC), Hands On Video Relay
    Services (Hands On), Hamilton Relay (Hamilton), and Sorenson
    Communications (Sorenson), all VRS providers, noted that technology
    has not yet been developed to allow them to automatically forward
    emergency VRS calls to the appropriate PSAP.[^19] They also
    explained the interim methods being used to connect VRS calls to
    PSAPs. These include ensuring that incoming emergency VRS calls are
    given priority call handling, using two CAs during an emergency call
    to ensure that location and other necessary information is gathered
    from the VRS user,[^20] and use of a national database to locate the
    appropriate PSAP to call.[^21]

8.  Also during the Summit, Consumer groups acknowledged that users are
    moving away from using TTYs and that VRS is now widely used in the
    deaf community.[^22] Consumers also advocated for the development of
    automated methods for determining the location of VRS callers, the
    ability to handle emergency calls from mobile devices, training for
    911 operators on responding to calls from persons with speech or
    hearing disabilities, and interoperability between PSAPs.[^23] We
    expect that the information shared at the Summit will greatly
    facilitate developing and implementing a viable means by which
    Internet-based relay calls can be automatically routed to the
    appropriate PSAP.

# discussion

9.  We recognize the vital importance of access to emergency services
    for all relay services, particularly VRS. For this reason, the
    Commission sought detailed comment on this issue in the *VRS 911
    NPRM*, and recently held the E9-1-1 Disability Access Summit to
    explore continuing developments to finding a solution to this issue.
    We also recognize, however, that although providers and other
    interested parties are actively working toward a solution to this
    critical issue, presently a technological solution does not exist to
    automatically route Internet-based emergency VRS calls to the
    appropriate PSAP -- *i.e.,* to automatically determine the
    geographic location of the VRS caller so the call can be linked to
    the appropriate PSAP. For this reason, some providers have taken
    interim measures for handling emergency calls. For example, some
    providers are able to give emergency calls priority call
    handling.[^24] Others use two CAs on an emergency call to assist in
    gathering accurate information from the caller.[^25] At least one
    provider uses a national database to determine the appropriate PSAP
    for the caller's location.[^26] Until a technological solution is
    adopted that automatically routes VRS 911 calls, we encourage all
    VRS providers to take similar or other steps to ensure that
    emergency calls are routed to the appropriate PSAP as quickly as
    possible.

10. The Commission may waive a provision of its rules for "good cause
    shown."[^27] Because it is apparent that the current state of
    technology does not allow a means of automatically determining the
    geographic location of TRS calls originating via the Internet,
    including VRS calls,[^28] we find that good cause exists to extent
    the present waiver of the emergency call handling requirement for
    VRS until January 1, 2008, or upon the release of an order
    addressing this issue, whichever comes first.[^29] We also note that
    a similar issue exists with respect to VoIP service (*i.e.,* voice
    telephone calls made via the Internet rather than the PSTN), and
    that for this reason the Commission has presently mandated that VoIP
    providers obtain a registered location for each of their customers
    so that the provider can direct an emergency VoIP call to the
    appropriate PSAP.[^30] In the pending *VRS 911 NPRM*, the Commission
    sought comment on the adoption of a registered location requirement
    similar to the VoIP requirement.[^31] In addition, the Commission
    raised other potential options for addressing emergency call
    handling, including developing a unified database of PSAPs that
    providers could use when receiving an emergency call, requiring
    providers to give priority access to emergency calls, and
    structuring VRS and IP Relay calls in such a way that they include a
    VoIP call, so that the VoIP registration could apply to the VRS or
    IP Relay call.[^32] These issues remain pending.

11. Accordingly, IT IS ORDERED that, pursuant to the authority contained
    in Section 225 of the Communications Act of 1934, as amended, 47
    U.S.C. § 225, and Sections 0.141, 0.361, and 1.3 of the Commission
    Rules, 47 C.F.R. §§ 0.141, 0.361, 1.3, this *Order* IS ADOPTED.

    FEDERAL COMMUNICATIONS COMMISSION

    Monica Desai, Chief Consumer & Governmental Affairs Bureau

[^1]: *See* 47 C.F.R. § 64.604(a)(4); *see generally Telecommunications
    Relay Services and Speech-to-Speech Services for Individuals with
    Hearing and Speech Disabilities*, CC Docket Nos. 90-571 & 98-67, CG
    Docket No. 03-123, Report and Order, Order on Reconsideration, and
    Further Notice of Proposed Rulemaking, 19 FCC Rcd 12475,
    12521-12522, paras. 116-118 (June 30, 2004) (*2004 TRS Report &
    Order*).

[^2]: Telecommunications Relay Service enables a person with a hearing
    or speech disability to access the telephone system to call persons
    without such a disability. A communications assistant (CA) relays
    the call back and forth (*e.g.*, from text to voice, and voice to
    text) between the calling party and called party. *See* 47 C.F.R. §
    64.601(14); 47 U.S.C. § 225. 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(17).

[^3]: *See Telecommunications Relay Services and Speech-to-Speech
    Services for Individuals with Hearing and Speech Disabilities,* CC
    Docket No. 98-67, Order, 17 FCC Rcd 157 (Dec. 31, 2001) (*TRS Waiver
    Order*). The emergency call handling requirement has also been
    waived for IP Relay, another Internet-based form of TRS, due to
    similar technological challenges. That waiver expires on January 1,
    2008. *See Provision of Improved Telecommunications Relay Services
    and Speech-to-Speech Services for Individuals with Hearing and
    Speech Disabilities,* CC Docket No. 98-67, Order on Reconsideration,
    18 FCC Rcd 4761 (March 14, 2003).

[^4]: *See Telecommunications Relay Services and Speech-to-Speech
    Services for Individuals with Hearing and Speech Disabilities*, CG
    Docket No. 03-123, Order, 20 FCC Rcd 19327 (Dec. 5, 2005) (*2005 VRS
    911 Waiver Order*).

[^5]: *See Telecommunications Relay Services and Speech-to-Speech
    Services for Individuals with Hearing and Speech Disabilities*, CG
    Docket No. 03-123, Notice of Proposed Rulemaking, 20 FCC Rcd 19476
    (Nov. 30, 2005) (*VRS 911 NPRM*).

[^6]: *See* 47 C.F.R. § 64.604 (the TRS "mandatory minimum standards").

[^7]: *See, e.g., Telecommunications Relay Services and Speech-to-Speech
    Services for Individuals with Hearing and Speech Disabilities,* CC
    Docket No. 98-67, Report and Order and Further Notice of Proposed
    Rulemaking, 15 FCC Rcd 5140, at 5158, para. 39 (March 6, 2000)
    (*Improved TRS Order & FNPRM*).

[^8]: *See* 47 C.F.R. § 64.604(a)(4).

[^9]: *See, e.g*., *VRS 911 NPRM*, 20 FCC Rcd at 19480, para. 10.
    Regulations require state and local governments to make emergency
    services directly accessible to TTY users (*i.e*., for direct TTY to
    TTY calls).

[^10]: *Improved TRS Order & FNPRM*, 15 FCC Rcd at 5152-5154, paras.
    21-27.

[^11]: *TRS Waiver Order* (granting a waiver until December 31, 2003)*.*

[^12]: *2005 VRS 911 Waiver Order*, 20 FCC Rcd at 19327, para. 1.

[^13]: *See VRS 911 NPRM*.

[^14]: *VRS 911 NPRM,* 20 FCC Rcd at 19476-19477, at paras. 1-2, 19484,
    at para. 18.

[^15]: Sprint Nextel Corporation (Sprint), *Petition for Waiver,* CG
    Docket No. 03-123, filed Nov. 14, 2006 (*Sprint Petition*).

[^16]: *Id.* at 2.

[^17]: *Id.* at 1.

[^18]: *FCC Releases Agenda for November 15 E9-1-1 Disability Access
    Summit*, News Release (Nov. 13, 2006).

[^19]: *See E9-1-1 Disability Access Summit*, Meeting Transcript (Nov.
    15, 2006).

[^20]: In other words, in addition to the CA handling the relay call, a
    second CA would assist in relaying the call.

[^21]: CSD Comments, *E9-1-1 Disability Access Summit*, Provider Panel.
    In other words, if the VRS caller is able to do so, the caller
    provides the CA with his or her location, the CA determines the
    appropriate PSAP for that location through a national database, and
    the CA then makes the outbound call to the PASP. Another provider
    noted that its CAs will stay on the call until the first responders
    arrive at the emergency location to ensure that the VRS user is able
    to communicate with the emergency personnel. Sorenson Comments,
    *E9-1-1 Disability Access Summit,* Provider Panel.

[^22]: *See, e.g*., NorCal Center on Deafness Comments, *E9-1-1
    Disability Access Summit,* Consumer Panel.

[^23]: *See* *E9-1-1 Disability Access Summit,* Consumer Panel (panelist
    representing consumers included Sheri Farinha Mutti, Claude Stout,
    Rebecca Ladew, Ed Bosson, and Elizabeth Spiers).

[^24]: *See, e.g.,* Sorenson Comments, *E9-1-1 Disability Access
    Summit,* Provider Panel. Providers may consider the feasibility of
    using a dedicated emergency calling "link" on their VRS website that
    callers making an emergency VRS call can use and that will allow
    providers to promptly identify and handle incoming emergency calls.

[^25]: *See, e.g., E9-1-1 Disability Access Summit,* Provider Panel
    (remarks of CSD and Verizon).

[^26]: *See, e.g.,* Sorenson Comments, *E9-1-1 Disability Access
    Summit,* Provider Panel (noting that it uses Intrado to determine
    the appropriate PSAP and its telephone number for a particular
    address).

[^27]: 47 C.F.R. § 1.3; *see generally 2004 TRS Report & Order*, 19 FCC
    Rcd at 12520, para. 110 (discussing standard for waiving Commission
    rules).

[^28]: *See, e.g., E9-1-1 Disability Access Summit,* Provider Panel
    (remarks of CSD, Hands On, Sorenson, and Sprint).

[^29]: This waiver, like the previous waivers, is conditioned upon the
    filing of annual reports, due each April 16^th^, addressing whether
    it is necessary for the waiver to remain in effect. *See* *2004 TRS
    Report & Order*, 19 FCC Rcd at 12520-12521, para. 111 (detailing
    required contents of annual waiver reports).

[^30]: *See IP-Enabled Services, E911 Requirements for IP-Enabled
    Service Providers*, WC Docket Nos. 04-36, 05-196, First Report and
    Order and Notice of Proposed Rulemaking, 20 FCC Rcd 10245 (June 3,
    2005) (*VoIP E911 Order*).

[^31]: *VRS 911 NPRM*, 20 FCC Rcd at 19484-19486, paras. 19-22.

[^32]: *Id.* at 19487, paras. 24-26.