PUBLIC NOTICE
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
DA-08-1589
Released: July 3, 2008
CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU CLARIFIES THE 
TRANSFERABILITY OF TELECOMMUNICATIONS RELAY SERVICE (TRS) PROVIDER 
CERTIFICATION 
CG Docket No. 03-123
The Consumer & Governmental Affairs Bureau has received requests for guidance concerning the 
transferability of Federal Communications Commission (Commission) certification of Internet-based TRS 
providers as eligible for compensation from the Interstate TRS Fund (Fund), pursuant to the provider 
certification rules contained in section 64.605 of the Commissions rules.1 We clarify that such 
certification is not transferable.  Therefore, in the event that an entity not certified pursuant to section 
64.605 purchases, acquires, or merges with another TRS provider, the acquiring or surviving provider 
must be certified under section 64.605 (or otherwise eligible for compensation from the Fund) before it 
can receive payments from the Fund.  On the other hand, if an entity that is certified pursuant to section 
64.605 purchases, acquires, or merges with another TRS provider, the acquiring or surviving provider 
need only notify the Commission of the change in its TRS program and provision of service within 60 
days pursuant to section 64.605(f)(2).2  
In the 2005 Certification Order, the Commission established a new federal certification process for 
common carriers seeking to offer Video Relay Service (VRS) and/or Internet Protocol (IP) Relay and 
receive compensation from the Fund.3 The certification of eligibility for compensation from the Fund is 
  
1 See 47 C.F.R.  64.605.  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 nations telephone system to communicate with voice 
telephone users.  See generally 47 U.S.C.  225; 47 C.F.R.  64.601 et seq. (the TRS regulations).  There are several 
forms of TRS, including three that are Internet-based:  Video Relay Service (VRS), Internet Protocol (IP) Relay (IP 
Relay), and IP captioned telephone service (IP CTS).  See generally Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, E911 Requirements for IP-Enabled 
Service Providers, CG Docket No. 03-123, WC Docket No. 05-196, Report and Order, 23 FCC Rcd 5255, 5255-57, 
at paras. 1-2 (March 19, 2008).
2 47 C.F.R.  64.605(f)(2) (requiring that certified providers notify the Commission of substantive changes in their 
TRS programs, services, and features within 60 days of when such changes occur, and  certify that the  provider 
continues to meet federal minimum standards after implementing the substantive change).
3 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 20577 (Dec. 12, 
2005) (2005 Certification Order) (amending 47 C.F.R.  64.605).  Subsequently, the Commission also permitted IP 
CTS providers to be certified by the Commission under section 64.605.  See Telecommunications Relay Services 
and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Internet-based Captioned 
2
based on a providers showing that it will offer service in compliance with the Commissions rules.4 The 
certification rules also require certified providers to notify the Commission of substantive changes in 
their TRS programs, services, and features within 60 days of when such changes occur, and  [to] certify 
that the Interstate TRS provider continues to meet federal minimum standards after implementing the 
substantive change.5  
Given the recent mergers and acquisitions of TRS providers, we clarify that if the acquiring entity is not 
already eligible to receive compensation from the Fund, it must be certified under section 64.605 (or 
otherwise become eligible for compensation from the Fund) before it can offer service for which it seeks 
payment from the Fund.  Because the Commission certifies providers based on the attestations of their 
owners or their representatives, who are ultimately responsible for compliance with the Commissions 
rules, the certification of a provider does not automatically transfer to new owners.
We also clarify that for providers certified under section 64.605, the acquisition of another providers 
service, or a merger or similar transaction, constitutes a substantive change under section 64.605(f)(2) 
and requires notice to the Commission within 60 days pursuant to section 64.605(f)(2).  Under this rule,
the acquiring or surviving company must notify the Commission of the changes to its program and 
provision of service that result from the acquisition and must certify that the interstate TRS provider 
continues to meet federal minimum standards.6 To meet the latter requirement, the provider may either 
certify that the responses provided in its initial certification application upon which the Commission 
based certification remain accurate, or describe any changes and certify their compliance with the 
Commissions rules.  
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/trs.html#orders. 
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.  
     
Telephone Service, CG Docket No. 03-123, Declaratory Ruling, 22 FCC Rcd 379 (Jan. 11, 2007) (IP CTS 
Declaratory Ruling).   
4 See 2005 Certification Order, 20 FCC Rcd at 20588, para. 22; 47 C.F.R.  64.605(a)(2); see generally 47 C.F.R.  
64.604 (setting forth the TRS mandatory minimum standards). 
5 47 C.F.R.  64.605(f)(2); 2005 Certification Order, 20 FCC Rcd at 20590, para. 25.
6 47 C.F.R.  64.605(f)(2).