[Federal Register Volume 65, Number 120 (Wednesday, June 21, 2000)]
[Rules and Regulations]
[Pages 38432-38440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15706]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CC Docket No. 98-67; FCC 00-56]


Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends Commission rules governing the delivery 
of telecommunications relay services to expand the kinds of relay 
services available to consumers and to improve the quality of relay 
service. The Commission amended its rules to better conform to the 
statutory mandate that TRS must be ``functionally equivalent'' to voice 
telecommunications service to the extent possible. Among other things, 
these rules are intended to improve the speed at which calls are 
answered and conversations relayed.

DATES: Section 64.604 is effective on June 30, 2000, however compliance 
is not required until the dates stated in

[[Page 38433]]

that section. The remaining sections are effective on December 18, 
2000, except for Secs. 64.604(b)(2), 64.604(c)(1), 
Secs. 64.604(c)(5)(i), and 64.605(f) which contain information 
collection that have not been approved by the Office of Management and 
Budget (OMB). The Commission will publish a document in the Federal 
Register announcing the effective date. Written comments by the public 
on the new information collections are due August 21, 2000.

ADDRESSES: Federal Communications Commission, 445-12th Street, SW, TW-
A325, Washington, DC 20554. In addition to filing comments with the 
Office of the Secretary, a copy of any comments on the information 
collections contained herein should be submitted to Judy Boley, Federal 
Communications Commission, Room 1-C804, 445 12th Street, SW, 
Washington, DC 20554, or via the Internet to <a href="/cdn-cgi/l/email-protection#e8828a87848d91a88e8b8bc68f879e"><span class="__cf_email__" data-cfemail="ddb7bfb2b1b8a49dbbbebef3bab2ab">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Marilyn Jones, Attorney, 202/418-2357, 
Fax 202/418-2345, TTY 202/418-0484, <a href="/cdn-cgi/l/email-protection#573a363d383932241731343479303821"><span class="__cf_email__" data-cfemail="d8b5b9b2b7b6bdab98bebbbbf6bfb7ae">[email protected]</span></a>, Common Carrier 
Bureau. For additional information concerning the information 
collections contained in this document, contact Judy Boley at 202-418-
0214, or via the Internet at <a href="/cdn-cgi/l/email-protection#e9838b86858c90a98f8a8ac78e869f"><span class="__cf_email__" data-cfemail="fd979f92919884bd9b9e9ed39a928b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (Report and Order) in the Matter of Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, CC Docket No. 98-67, FCC 00-56, adopted February 
17, 2000 and released March 6, 2000. The full text of the item is 
available for inspection and copying during the weekday hours of 9 a.m. 
to 4:30 p.m. in the FCC Reference Center, Room CY-A257, 445 12th 
Street, SW, Washington, DC 20554, or copies may be purchased from the 
Commission's copy contractor, International Transcription Services, 
Inc., 445 12th Street, SW, Suite CY-B400, Washington, DC 20554, phone 
(202) 857-3800. This Report and Order contains new or modified 
information collections subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. It will be submitted to the Office of 
Management and Budget (OMB) for review under section 3507(d) of the 
PRA. OMB, the general public, and other Federal agencies are invited to 
comment on the new or modified information collections contained in 
this proceeding.

Synopsis of the Report and Order

    1. In January 1997, we released a Notice of Inquiry (NOI) on the 
quality of TRS service. Based on the record developed in the NOI, the 
Commission released a Notice of Proposed Rulemaking (NPRM) that 
proposed rules to enhance the quality of telecommunications relay 
service. In response, the Commission received numerous suggestions on 
ways to improve TRS. After considering the many comments received, we 
released this Report and Order. These rules will greatly improve the 
quality of TRS and fulfill section 225's mandate by increasing the 
availability and usefulness of the telecommunications system for 
Americans with speech and hearing disabilities.
    2. Specifically, in the Report and Order, we find that the 
statutory definition of telecommunications relay services is not 
limited to relay services using a TTY, and includes STS, VRI and non-
English language relay services; require that common carriers provide 
STS and interstate Spanish relay services by March 1, 2001; do not 
require VRI, but encourage it by permitting the recovery of the costs 
of both intrastate and interstate VRI calls from the interstate TRS 
Fund.
    3. Speech-to-speech relay service, or STS, involves the use of 
specially trained CAs who understand the speech patterns of persons 
with speech disabilities and can repeat the words spoken. The 
availability of STS gives persons with certain speech disabilities an 
efficient alternative to using a TTY, which requires the purchase and 
use of TTY hardware and which also can be a cumbersome form of 
conversation given the typing involved. Video relay interpreting, or 
VRI, allows TRS users with hearing or speech disabilities to 
communicate with voice telephone users through video equipment 
installed at the user's premises and at the relay center. This video 
link allows a CA to view and interpret the caller's sign language and 
relay the conversation to a voice caller.
    4. In addition, in the Report and Order, we require that all relay 
services, whether mandatory or voluntary, funded by intrastate and 
interstate TRS Funds must comply with minimum service quality 
standards, which modifies the rules to accommodate STS and VRI service.
    5. To improve the minimum standards for TRS, we modify the speed of 
answer requirement so that consumers will reach a communications 
assistant more quickly; impose a minimum typing speed of 60 wpm for CAs 
in order to speed the transmission of calls using TTYs; and amend the 
rules to minimize disruption during relay calls by establishing a 
minimum time that a CA must stay with a call.
    6. The remainder of the Report and Order establishes that 
information gathered by relay providers on individual caller 
preferences and used to complete TRS calls is not customer proprietary 
network information (CPNI) under section 222 of the Act, must be 
transferred during a change in TRS provider and cannot be used for any 
purpose other than the handling of TRS calls; requires TRS providers to 
automatically and immediately transfer emergency calls to the 
appropriate 911 operator and relay the caller's number to the operator 
orally; clarifies that the existing rule requires outreach to all 
callers and for all forms of TRS; concludes that section 225 by its 
terms does not prohibit us from requiring relay services to accommodate 
enhanced or information services; requires states to notify the 
Commission about substantive changes in their TRS programs within 60 
days of when they occur; adopts the Commission's informal complaint 
process for TRS complaints; and requires state programs and interstate 
TRS providers to maintain a log of consumer complaints that allege a 
violation of the minimum standards and annually report to the FCC the 
number of complaints received.

Paperwork Reduction Act of 1995

    7. As required by the Paperwork Reduction of 1995, the NPRM invited 
the general public and the Office of Management and Budget (OMB) to 
comment on the proposed information collection requirements contained 
in the NPRM. The changes to our information collection requirements on 
which we sought comment in the NPRM included the requirement that, 
except during network failure, TRS shall answer 85% of all calls by a 
CA prepared to place the TRS call, within 10 seconds of the time the 
incoming call reaches the TRS provider's network, and no more than 30 
seconds shall elapse between receipt of dialing information and the 
dialing of the requested number. This calculation is required to be 
performed daily.
    8. OMB's comment on this requirement urges us to explore the use of 
alternative means, including statistical sampling or periodic 
performance monitoring, to ensure that the ten second answering portion 
of the requirement is met, rather than require TRS operators to 
calculate response times as set forth in 47 CFR 64.604(b)(2). Because 
of the nature of the requirement that the calculation measures, we feel 
that statistical sampling or periodic performance monitoring will be 
inappropriate and inadequate. This

[[Page 38434]]

requirement has been misinterpreted and misapplied by some TRS 
providers and our modification seeks to decrease the likelihood that 
the misinterpretation continues. We note that the speed-of-answer 
requirement is an existing rule and that, in this Report and Order, we 
simply modify that rule to further minimize delays in placing TRS 
calls. The new rule now forecloses the possibility that the TRS call 
will be placed in a distribution queue for a long period of time by 
requiring that a TRS call be handled immediately, whether by CA or an 
automated process.
    9. In addition, OMB states that we must demonstrate that 
calculating the speed-of-answer on a daily basis has some practical 
utility to justify the burden it imposes. As set forth in this Report 
and Order, our main goal is to make the TRS calling experience 
functionally equivalent to the experience of voice callers. By 
modifying our speed-of-answer requirement to result in the TRS call 
being placed more quickly, we feel we meet that goal. As the Report and 
Order explains, reaching a CA ready to place the relay call is 
equivalent to getting a dial tone when picking up the phone. Thus, this 
portion of the call is the first crucial step to making the TRS calling 
experience functionally equivalent to placing a voice call and should 
be demonstrated daily.

Final Regulatory Flexibility Analysis

    10. As required by the Regulatory Flexibility Act (RFA), 5 U.S.C. 
603, an Initial Regulatory Flexibility Analysis (IRFA) was incorporated 
in the NPRM in this docket. The Commission sought written public 
comment on the proposals in the NPRM, including comment on the IRFA. 
This present Final Regulatory Flexibility Analysis (FRFA) conforms to 
the RFA, 5 U.S.C. 604.

A. Need for, and Objectives of, the Proposed Rules

    1. This rulemaking proceeding was initiated in order to improve the 
level and quality of service provided through TRS for the benefit of 
the community of TRS users. The Commission's goal was to improve the 
overall effectiveness of the TRS program, and to improve the 
Commission's oversight of certified state TRS programs and its ability 
to compel compliance with the federal mandatory minimum standards for 
TRS.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    12. None.

C. Description and Estimate of the Number of Small Entities to Which 
the Rules Will Apply

    13. The RFA directs agencies to provide a description of, and, 
where feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The 
Regulatory Flexibility Act defines the term ``small entity'' as having 
the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small business concern'' under section 3 of the 
Small Business Act. 5 U.S.C. 601(3). A small business concern is one 
that: (1) Is independently owned and operated; (2) is not dominant in 
its field of operation; and (3) satisfies any additional criteria 
established by the Small Business Administration (SBA). Small Business 
Act, 15 U.S.C. 632 (1996). The most reliable source of information 
regarding the total numbers of certain common carrier and related 
providers nationwide, as well as the numbers of commercial wireless 
entities, appears to be data the Commission publishes annually in its 
Telecommunications Industry Revenue report, regarding the 
Telecommunications Relay Service (TRS). Telecommunications Industry 
Revenue, Figure 2.
    14. TRS Providers. Neither the Commission nor the SBA has developed 
a definition of small entity specifically applicable to providers of 
telecommunications relay services (TRS). The closest applicable 
definition under the SBA rules is for telephone communications 
companies other than radiotelephone (wireless) companies. Small 
Business Act, 15 U.S.C. 632 (1996). The SBA defines such establishments 
to be small businesses when they have no more than 1,500 employees. 13 
CFR 121.201, Standard Industrial Classification (SIC) Code 4813. 
According to our most recent data, there are 11 interstate TRS 
providers, which consist of interexchange carriers, local exchange 
carriers, state-managed entities, and non-profit organizations. We do 
not have data specifying the number of these providers that are either 
dominant in their field of operations, are not independently owned and 
operated, or have more than 1,500 employees, and we are thus unable at 
this time to estimate with greater precision the number of TRS 
providers that would qualify as small business concerns under the SBA's 
definition. We note, however, that these providers include large 
interexchange carriers and incumbent local exchange carriers. 
Consequently, we estimate that there are fewer than 11 small TRS 
providers that may be affected by the final rules.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    15. Reporting and Recordkeeping: This Report and Order involves 
several reporting requirements. First, it requires that certified 
states notify the Commission of substantive changes in their state TRS 
program within 60 days of the effective date of the change. Second, 
states are required to file documentation demonstrating that the state 
TRS program remains in compliance with the Commission's mandatory 
minimum standards following the substantive change. Third, the Report 
and Order requires TRS administrators to submit the name and address of 
a contact person or office for filing consumer complaints about 
intrastate TRS service to the Commission by June 30, 2000. Finally, on 
an annual basis, beginning May 1, 2001, and upon the Commission's 
request, states are required to file a copy of their TRS complaint 
logs.
    16. Other Compliance Requirements: The rules adopted in this Report 
and Order require that all common carriers providing voice transmission 
services must ensure that STS services are available to callers with 
speech disabilities throughout their service areas within one year of 
the publication in the Federal Register of this Report and Order. These 
rules will affect certified states. The rules also require that TRS 
calls be answered more promptly, that a minimum typing speed be 
implemented, and that communications assistants stay with a TTY TRS 
call for a minimum of ten minutes. These rules will affect TRS 
providers.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    17. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives: (1) The 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities: (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities. The proposals in the NPRM, and the comments the

[[Page 38435]]

Commission sought regarding them, are part of the Commission's analysis 
of its role with respect to the implementation and operation of 
nationwide TRS for persons with hearing and speech disabilities. The 
guiding principal shaping our final conclusions is Congress' direction 
that TRS keeps pace with advancing technology and that the Commission's 
rules do not discourage the implementation of technological advances or 
improvements. Large interexchange carriers and incumbent local exchange 
carriers provide the majority of TRS service, and we believe that the 
number of small entities impacted by our conclusions would be 
potentially very small. With respect to the amendments to the 
Commission's rules governing TRS, by statute, common carriers providing 
voice transmission services who are subject to the TRS rules, including 
small entities, may comply with their obligations individually, through 
designees, through a competitively selected vendor, or in concert with 
other carriers. For these reasons, we conclude that the rule amendments 
will have a minimal impact on small entities.
    18. Report to Congress: The Commission will send a copy of this 
Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Small Business Regulatory Enforcement Fairness 
Act of 1996, see 5 U.S.C. 801 (a)(1)(A). In addition, the Commission 
will send a copy of this Report and Order, including FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the Report and Order, and FRFA (or summaries thereof) will also be 
published in the Federal Register. See 5 U.S.C. 604(b).

Ordering Clauses

    19. Accordingly, pursuant to authority found in sections 1, 4(i) 
and 4(j), 201-205, 218 and 225 of the Communications Act as amended, 47 
U.S.C. 151, 154(i), 154(j), 201-205, 218 and 225, part 64 of the 
Commission's rules are amended.
    20. The amendments to sections 64.601 through 64.605 of the 
Commission's rules (other than the amendments to sections 64.604(c)(2) 
and 64.604(c)(7)), effective 180 days from the date of publication in 
the Federal Register. The amendments to section 64.604(c)(2) of the 
Commission's rules shall be effective June 30, 2000. The amendments to 
section 64.604(c)(7) of the Commission's rules shall be effective 30 
days from the date of publication in the Federal Register. The action 
contained herein has been analyzed with respect to the Paperwork 
Reduction Act of 1995 and found to impose new or modified reporting 
and/or recordkeeping requirements or burdens on the public. 
Implementation of these new reporting and/or recordkeeping requirements 
will be subject to approval by the Office of Management and Budget 
(OMD) as prescribed by the Act, and will go into effect upon 
announcement in the Federal Register of OMB approval.
    21. The Commission's Consumer Information Bureau, Reference 
Information Center, Shall Send a copy of this Report and Order, 
including the Final Regulatory Flexibility Analyses, to the Chief 
Counsel for Advocacy of Small Business Administration.

List of Subjects in 47 CFR Part 64

    Communications common carriers, disabilities, telephone, 
telecommunications relay service.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For reasons discussed in the preamble, the Federal Communications 
Commission amends part 64 of title 47 of the Code of Federal 
Regulations as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    1. The authority citation for part 64 is amended to read as 
follows:

    Authority: 47 U.S.C. 151, 154, 201, 202, 205, 218-220, and 332 
unless otherwise noted. Interpret or apply sections 201, 218, 225, 
226, 227, 229, 332, 48 Stat. 1070, as amended, 47 U.S.C. 2201-204, 
208, 225, 226, 227, 229, 332, 501 and 503 unless otherwise noted.


    2. Revise Sec. 64.601 to read as follows:


Sec. 64.601  Definitions.

    As used in this subpart, the following definitions apply:
    1. American Sign Language (ASL). A visual language based on hand 
shape, position, movement, and orientation of the hands in relation to 
each other and the body.
    (2) ASCII. An acronym for American Standard Code for Information 
Interexchange which employs an eight bit code and can operate at any 
standard transmission baud rate including 300, 1200, 2400, and higher.
    (3) Baudot. A seven bit code, only five of which are information 
bits. Baudot is used by some text telephones to communicate with each 
other at a 45.5 baud rate.
    (4) Common carrier or carrier. Any common carrier engaged in 
interstate Communication by wire or radio as defined in section 3(h) of 
the Communications Act of 1934, as amended (the Act), and any common 
carrier engaged in intrastate communication by wire or radio, 
notwithstanding sections 2(b) and 221(b) of the Act.
    (5) Communications assistant (CA). A person who transliterates or 
interprets conversation between two end users of TRS. CA supersedes the 
term ``TDD operator.''
    (6) Hearing carry over (HCO). A reduced form of TRS where the 
person with the speech disability is able to listen to the other end 
user and, in reply, the CA speaks the text as typed by the person with 
the speech disability. The CA does not type any conversation.
    (7) Telecommunications relay services (TRS). Telephone transmission 
services that provide the ability for an individual who has a hearing 
or speech disability to engage in communication by wire or radio with a 
hearing individual in a manner that is functionally equivalent to the 
ability of an individual who does not have a hearing or speech 
disability to communicate using voice communication services by wire or 
radio. Such term includes services that enable two-way communication 
between an individual who uses a text telephone or other nonvoice 
terminal device and an individual who does not use such a device, 
speech-to-speech services, video relay services and non-English relay 
services. TRS supersedes the terms ``dual party relay system,'' 
``message relay services,'' and ``TDD Relay.''
    (8) Text telephone (TTY). A machine that employs graphic 
communication in the transmission of coded signals through a wire or 
radio communication system. TTY supersedes the term ``TDD'' or 
``telecommunications device for the deaf,'' and TT.
    (9) Voice carry over (VCO). A reduced form of TRS where the person 
with the hearing disability is able to speak directly to the other end 
user. The CA types the response back to the person with the hearing 
disability. The CA does not voice the conversation.
    (10) Speech-to-speech relay service (STS). A telecommunications 
relay service that allows people with speech disabilities to 
communicate with voice telephone users through the use of specially 
trained CAs who understand the speech patterns of persons with 
disabilities and can repeat the words spoken by that person.
    (11) Video relay service (VRS). A telecommunications relay service 
that allows people with hearing or speech disabilities who use sign 
language to

[[Page 38436]]

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.
    (12) Non-English language relay service. A telecommunications relay 
service that allows persons with hearing or speech disabilities who use 
languages other than English to communicate with voice telephone users 
in a shared language other than English, through a CA who is fluent in 
that language.
    (13) Qualified interpreter. An interpreter who is able to interpret 
effectively, accurately, and impartially, both receptively and 
expressively, using any necessary specialized vocabulary.

    3. Revise Sec. 64.602 to read as follows:


Sec. 64.602  Jurisdiction.

    Any violation of this subpart F by any common carrier engaged in 
intrastate communication shall be subject to the same remedies, 
penalties, and procedures as are applicable to a violation of the Act 
by a common carrier engaged in interstate communication.

    4. Revise Sec. 64.603 to read as follows:


Sec. 64.603  Provision of services.

    Each common carrier providing telephone voice transmission services 
shall provide, not later than July 26, 1993, in compliance with the 
regulations prescribed herein, throughout the area in which it offers 
services, telecommunications relay services, individually, through 
designees, through a competitively selected vendor, or in concert with 
other carriers. Speech-to-speech relay service and interstate Spanish 
language relay service shall be provided by March 1, 2001. A common 
carrier shall be considered to be in compliance with these regulations:
    (a) With respect to intrastate telecommunications relay services in 
any state that does not have a certified program under Sec. 64.605 and 
with respect to interstate telecommunications relay services, if such 
common carrier (or other entity through which the carrier is providing 
such relay services) is in compliance with Sec. 64.604; or
    (b) With respect to intrastate telecommunications relay services in 
any state that has a certified program under Sec. 64.605 for such 
state, if such common carrier (or other entity through which the 
carrier is providing such relay services) is in compliance with the 
program certified under Sec. 64.605 for such state.

    5. Revise Sec. 64.604 to read as follows:


Sec. 64.604  Mandatory minimum standards.

    The standards in this section are applicable December 18, 2000, 
except as stated in paragraphs (c)(2) and (c)(7) of this section.
    (a) Operational standards--(1) Communications assistant (CA). TRS 
providers are responsible for requiring that CAs be sufficiently 
trained to effectively meet the specialized communications needs of 
individuals with hearing and speech disabilities; and that CAs have 
competent skills in typing, grammar, spelling, interpretation of 
typewritten ASL, and familiarity with hearing and speech disability 
cultures, languages and etiquette. CAs must possess clear and 
articulate voice communications. CAs must provide a typing speed of a 
minimum of 60 words per minute. Technological aids may be used to reach 
the required typing speed. Providers must give oral-to-type tests of CA 
speed. TRS providers are responsible for requiring that VRS CAs are 
qualified interpreters. A ``qualified interpreter'' is able to 
interpret effectively, accurately, and impartially, both receptively 
and expressively, using any necessary specialized vocabulary.
    2. Confidentiality and conversation content. (i) Except as 
authorized by section 705 of the Communications Act, 47 U.S.C. 605, CAs 
are prohibited from disclosing the content of any relayed conversation 
regardless of content, and with a limited exception for STS CAs, from 
keeping records of the content of any conversation beyond the duration 
of a call, even if to do so would be inconsistent with state or local 
law. STS CAs may retain information from a particular call in order to 
facilitate the completion of consecutive calls, at the request of the 
user. The caller may request the STS CA to retain such information, or 
the CA may ask the caller if he wants the CA to repeat the same 
information during subsequent calls. The CA may retain the information 
only for as long as it takes to complete the subsequent calls.
    (ii) CAs are prohibited from intentionally altering a relayed 
conversation and, to the extent that it is not inconsistent with 
federal, state or local law regarding use of telephone company 
facilities for illegal purposes, must relay all conversation verbatim 
unless the relay user specifically requests summarization, or if the 
user requests interpretation of an ASL call. An STS CA may facilitate 
the call of an STS user with a speech disability so long as the CA does 
not interfere with the independence of the user, the user maintains 
control of the conversation, and the user does not object. Appropriate 
measures must be taken by relay providers to ensure that 
confidentiality of VRS users is maintained.
    (3) Types of calls. Consistent with the obligations of common 
carrier operators, CAs are prohibited from refusing single or 
sequential calls or limiting the length of calls utilizing relay 
services. TRS shall be capable of handling any type of call normally 
provided by common carriers and the burden of proving the infeasibility 
of handling any type of call will be placed on the carriers. Providers 
of TRS are permitted to decline to complete a call because credit 
authorization is denied.
    (4) Handling of emergency calls. Providers must use a system for 
incoming emergency calls that, at a minimum, automatically and 
immediately transfers the caller to the nearest Public Safety Answering 
Point (PSAP). In addition, a CA must pass along the caller's telephone 
number to the PSAP when a caller disconnects before being connected to 
emergency services.
    (5) In-call replacement of CAs. CAs answering and placing a TTY-
based TRS or VRS call must stay with the call for a minimum of ten 
minutes. CAs answering and placing an STS call must stay with the call 
for a minimum of fifteen minutes.
    (6) CA gender preferences. TRS providers must make best efforts to 
accommodate a TRS user's requested CA gender when a call is initiated 
and, if a transfer occurs, at the time the call is transferred to 
another CA.
    (7) STS called numbers. Relay providers must offer STS users the 
option to maintain at the relay center a list of names and telephone 
numbers which the STS user calls. When the STS user requests one of 
these names, the CA must repeat the name and state the telephone number 
to the STS user. This information must be transferred to any new STS 
provider.
    (b) Technical standards--(1) ASCII and Baudot. TRS shall be capable 
of communicating with ASCII and Baudot format, at any speed generally 
in use.
    (2) Speed of answer. TRS shall include adequate staffing to provide 
callers with efficient access under projected calling volumes, so that 
the probability of a busy response due to CA unavailability shall be 
functionally equivalent to what a voice caller would experience in 
attempting to reach a party through the voice telephone network. TRS 
shall, except during network failure, answer 85% of all calls within 10 
seconds by any method which results in the caller's call immediately 
being placed, not put in a queue or on hold. The ten seconds begins at 
the time

[[Page 38437]]

the call is delivered to the TRS center's network. The call is 
considered delivered when the relay center's equipment accepts the call 
from the local exchange carrier and the public switched network 
actually delivers the call to the TRS center. Abandoned calls shall be 
included in the speed-of-answer calculation. A provider's compliance 
with this rule shall be measured on a daily basis. The system shall be 
designed to a P.01 standard. A LEC shall provide the call attempt rates 
and the rates of calls blocked between the LEC and the relay center to 
relay administrators and relay centers upon request.
    (3) Equal access to interexchange carriers. TRS users shall have 
access to their chosen interexchange carrier through the TRS, and to 
all other operator services, to the same extent that such access is 
provided to voice users.
    (4) TRS facilities. TRS shall operate every day, 24 hours a day. 
TRS shall have redundancy features functionally equivalent to the 
equipment in normal central offices, including uninterruptible power 
for emergency use. TRS shall transmit conversations between TTY and 
voice callers in real time. Adequate network facilities shall be used 
in conjunction with TRS so that under projected calling volume the 
probability of a busy response due to loop trunk congestion shall be 
functionally equivalent to what a voice caller would experience in 
attempting to reach a party through the voice telephone network. Relay 
services that are not mandated by this Commission are not required to 
be provided every day, 24 hours a day.
    (5) Technology. No regulation set forth in this subpart is intended 
to discourage or impair the development of improved technology that 
fosters the availability of telecommunications to person with 
disabilities. VCO and HCO technology are required to be standard 
features of TRS.
    (6) Voice mail and interactive menus. CAs must alert the TRS user 
to the presence of a recorded message and interactive menu through a 
hot key on the CA's terminal. The hot key will send text from the CA to 
the consumer's TTY indicating that a recording or interactive menu has 
been encountered. Relay providers shall electronically capture recorded 
messages and retain them for the length of the call. Relay providers 
may not impose any charges for additional calls which must be made by 
the relay user in order to complete calls involving recorded or 
interactive messages. Relay services shall be capable of handling pay-
per-call calls.
    (c) Functional standards--(1) Consumer complaint logs.
    (i) States and interstate providers must maintain a log of consumer 
complaints including all complaints about TRS in the state, whether 
filed with the TRS provider or the State, and must retain the log until 
the next application for certification is granted. The log shall 
include, at a minimum, the date the complaint was filed, the nature of 
the complaint, the date of resolution, and an explanation of the 
resolution.
    (ii) Beginning July 1, 2002, states and TRS providers shall submit 
summaries of logs indicating the number of complaints received for the 
12-month period ending May 31 to the Commission by July 1 of each year. 
Summaries of logs submitted to the Commission on July 1, 2001 shall 
indicate the number of complaints received from the date of OMB 
approval through May 31, 2001.
    (2) Contact persons--(i) Beginning on June 30, 2000, states must 
submit to the Commission a contact person or office for TRS consumer 
information and complaints about intrastate TRS. This submission must 
include, at a minimum, the name and address of the state office that 
receives complaints, grievances, inquiries and suggestions, voice and 
TTY telephone numbers, fax number, e-mail address, and physical address 
to which correspondence should be sent.
    (ii) Beginning on June 30, 2000, providers of interstate TRS and 
relay providers having state TRS contracts must submit to the 
Commission a contact person or office for TRS consumer information and 
complaints about the provider's service. This submission must include, 
at a minimum, the name and address of the office that receives 
complaints, grievances, inquiries and suggestions, voice and TTY 
telephone numbers, fax number, e-mail address, and physical address to 
which correspondence should be sent.
    (3) Public access to information. Carriers, through publication in 
their directories, periodic billing inserts, placement of TRS 
instructions in telephone directories, through directory assistance 
services, and incorporation of TTY numbers in telephone directories, 
shall assure that callers in their service areas are aware of the 
availability and use of all forms of TRS. Efforts to educate the public 
about TRS should extend to all segments of the public, including 
individuals who are hard of hearing, speech disabled, and senior 
citizens as well as members of the general population.
    (4) Rates. TRS users shall pay rates no greater than the rates paid 
for functionally equivalent voice communication services with respect 
to such factors as the duration of the call, the time of day, and the 
distance from the point of origination to the point of termination.
    (5) Jurisdictional separation of costs--(i) General. Where 
appropriate, costs of providing TRS shall be separated in accordance 
with the jurisdictional separation procedures and standards set forth 
in the Commission's regulations adopted pursuant to section 410 of the 
Communications Act of 1934, as amended.
    (ii) Cost recovery. Costs caused by interstate TRS shall be 
recovered from all subscribers for every interstate service, utilizing 
a shared-funding cost recovery mechanism. Except as noted in this 
paragraph, with respect to VRS, costs caused by intrastate TRS shall be 
recovered from the intrastate jurisdiction. In a state that has a 
certified program under Sec. 64.605, the state agency providing TRS 
shall, through the state's regulatory agency, permit a common carrier 
to recover costs incurred in providing TRS by a method consistent with 
the requirements of this section. Costs caused by the provision of 
interstate and intrastate VRS shall be recovered from all subscribers 
for every interstate service, utilizing a shared-funding cost recovery 
mechanism.
    (iii) Telecommunications Relay Services Fund. Effective July 26, 
1993, an Interstate Cost Recovery Plan, hereinafter referred to as the 
TRS Fund, shall be administered by an entity selected by the Commission 
(administrator). The initial administrator, for an interim period, will 
be the National Exchange Carrier Association, Inc.
    (A) Contributions. Every carrier providing interstate 
telecommunications services shall contribute to the TRS Fund on the 
basis of interstate end-user telecommunications revenues as described 
herein. Contributions shall be made by all carriers who provide 
interstate services, including, but not limited to, cellular telephone 
and paging, mobile radio, operator services, personal communications 
service (PCS), access (including subscriber line charges), alternative 
access and special access, packet-switched, WATS, 800, 900, message 
telephone service (MTS), private line, telex, telegraph, video, 
satellite, intraLATA, international and resale services.
    (B) Contribution computations. Contributors' contribution to the 
TRS fund shall be the product of their

[[Page 38438]]

subject revenues for the prior calendar year and a contribution factor 
determined annually by the Commission. The contribution factor shall be 
based on the ratio between expected TRS Fund expenses to interstate 
end-user telecommunications revenues. In the event that contributions 
exceed TRS payments and administrative costs, the contribution factor 
for the following year will be adjusted by an appropriate amount, 
taking into consideration projected cost and usage changes. In the 
event that contributions are inadequate, the fund administrator may 
request authority from the Commission to borrow funds commercially, 
with such debt secured by future years' contributions. Each subject 
carrier must contribute at least $25 per year. Carriers whose annual 
contributions total less than $1,200 must pay the entire contribution 
at the beginning of the contribution period. Service providers whose 
contributions total $1,200 or more may divide their contributions into 
equal monthly payments. Carriers shall complete and submit, and 
contributions shall be based on, a ``Telecommunications Reporting 
Worksheet'' (as published by the Commission in the Federal Register). 
The worksheet shall be certified to by an officer of the contributor, 
and subject to verification by the Commission or the administrator at 
the discretion of the Commission. Contributors' statements in the 
worksheet shall be subject to the provisions of section 220 of the 
Communications Act of 1934, as amended. The fund administrator may bill 
contributors a separate assessment for reasonable administrative 
expenses and interest resulting from improper filing or overdue 
contributions. The Chief of the Common Carrier Bureau may waive, 
reduce, modify or eliminate contributor reporting requirements that 
prove unnecessary and require additional reporting requirements that 
the Bureau deems necessary to the sound and efficient administration of 
the TRS Fund.
    (C) Data collection from TRS Providers. TRS providers shall provide 
the administrator with true and adequate data necessary to determine 
TRS fund revenue requirements and payments. TRS providers shall provide 
the administrator with the following: total TRS minutes of use, total 
interstate TRS minutes of use, total TRS operating expenses and total 
TRS investment in general accordance with part 32 of the Communications 
Act, and other historical or projected information reasonably requested 
by the administrator for purposes of computing payments and revenue 
requirements. The administrator and the Commission shall have the 
authority to examine, verify and audit data received from TRS providers 
as necessary to assure the accuracy and integrity of fund payments.
    (D) The TRS Fund will be subject to a yearly audit performed by an 
independent certified accounting firm or the Commission, or both.
    (E) Payments to TRS Providers. TRS Fund payments shall be 
distributed to TRS providers based on formulas approved or modified by 
the Commission. The administrator shall file schedules of payment 
formulas with the Commission. Such formulas shall be designed to 
compensate TRS providers for reasonable costs of providing interstate 
TRS, and shall be subject to Commission approval. Such formulas shall 
be based on total monthly interstate TRS minutes of use. TRS minutes of 
use for purposes of interstate cost recovery under the TRS Fund are 
defined as the minutes of use for completed interstate TRS calls placed 
through the TRS center beginning after call set-up and concluding after 
the last message call unit. In addition to the data required under 
paragraph (c)(5)(iii)(C) of this section, all TRS providers, including 
providers who are not interexchange carriers, local exchange carriers, 
or certified state relay providers, must submit reports of interstate 
TRS minutes of use to the administrator in order to receive payments. 
The administrator shall establish procedures to verify payment claims, 
and may suspend or delay payments to a TRS provider if the TRS provider 
fails to provide adequate verification of payment upon reasonable 
request, or if directed by the Commission to do so. The TRS Fund 
administrator shall make payments only to eligible TRS providers 
operating pursuant to the mandatory minimum standards as required in 
Sec. 64.604, and after disbursements to the administrator for 
reasonable expenses incurred by it in connection with TRS Fund 
administration. TRS providers receiving payments shall file a form 
prescribed by the administrator. The administrator shall fashion a form 
that is consistent with parts 32 and 36 procedures reasonably tailored 
to meet the needs of TRS providers. The Commission shall have authority 
to audit providers and have access to all data, including carrier 
specific data, collected by the fund administrator. The fund 
administrator shall have authority to audit TRS providers reporting 
data to the administrator. The formulas should appropriately compensate 
interstate providers for the provision of VRS, whether intrastate or 
interstate.
    (F) TRS providers eligible for receiving payments from the TRS Fund 
are:
    (1) TRS facilities operated under contract with and/or by certified 
state TRS programs pursuant to Sec. 64.605; or
    (2) TRS facilities owned by or operated under contract with a 
common carrier providing interstate services operated pursuant to 
Sec. 64.604; or
    (3) Interstate common carriers offering TRS pursuant to 
Sec. 64.604.
    (G) Any eligible TRS provider as defined in paragraph 
(c)(5)(iii)(F) of this section shall notify the administrator of its 
intent to participate in the TRS Fund thirty (30) days prior to 
submitting reports of TRS interstate minutes of use in order to receive 
payment settlements for interstate TRS, and failure to file may exclude 
the TRS provider from eligibility for the year.
    (H) Administrator reporting, monitoring, and filing requirements. 
The administrator shall perform all filing and reporting functions 
required under paragraphs (c)(5)(iii)(A) through (J) of this section. 
TRS payment formulas and revenue requirements shall be filed with the 
Commission on May 1 of each year, to be effective for a one-year period 
beginning the following July 1. The administrator shall report annually 
to the Commission an itemization of monthly administrative costs which 
shall consist of all expenses, receipts, and payments associated with 
the administration of TRS Fund. The administrator is required to keep 
the TRS Fund separate from all other funds administered by the 
administrator, shall file a cost allocation manual (CAM), and shall 
provide the Commission full access to all data collected pursuant to 
the administration of the TRS Fund. The administrator shall establish a 
non-paid, voluntary advisory committee of persons from the hearing and 
speech disability community, TRS users (voice and text telephone), 
interstate service providers, state representatives, and TRS providers, 
which will meet at reasonable intervals (at least semi-annually) in 
order to monitor TRS cost recovery matters. Each group shall select its 
own representative to the committee. The administrator's annual report 
shall include a discussion of advisory committee deliberations.
    (I) Information filed with the administrator. The administrator 
shall keep all data obtained from contributors and TRS providers 
confidential and shall not disclose such data in company-specific form 
unless directed to do so by the Commission. Subject to

[[Page 38439]]

any restrictions imposed by the Chief of the Common Carrier Bureau, the 
TRS Fund administrator may share data obtained from carriers with the 
administrators of the universal support mechanisms (See 47 CFR 54.701 
of this chapter), the North American Numbering Plan administration cost 
recovery (See 47 CFR 52.16 of this chapter), and the long-term local 
number portability cost recovery (See 47 CFR 52.32 of this chapter). 
The TRS Fund administrator shall keep confidential all data obtained 
from other administrators. The administrator shall not use such data 
except for purposes of administering the TRS Fund, calculating the 
regulatory fees of interstate common carriers, and aggregating such fee 
payments for submission to the Commission. The Commission shall have 
access to all data reported to the administrator, and authority to 
audit TRS providers. Contributors may make requests for Commission 
nondisclosure of company-specific revenue information under Sec. 0.459 
of this chapter by so indicating on the Telecommunications Reporting 
Worksheet at the time that the subject data are submitted. The 
Commission shall make all decisions regarding nondisclosure of company-
specific information.
    (J) The administrator's performance and this plan shall be reviewed 
by the Commission after two years.
    (K) All parties providing services or contributions or receiving 
payments under this section are subject to the enforcement provisions 
specified in the Communications Act, the Americans with Disabilities 
Act, and the Commission's rules.
    (6) Complaints--(i) Referral of complaint. If a complaint to the 
Commission alleges a violation of this subpart with respect to 
intrastate TRS within a state and certification of the program of such 
state under Sec. 64.605 is in effect, the Commission shall refer such 
complaint to such state expeditiously.
    (ii) Intrastate complaints shall be resolved by the state within 
180 days after the complaint is first filed with a state entity, 
regardless of whether it is filed with the state relay administrator, a 
state PUC, the relay provider, or with any other state entity.
    (iii) Jurisdiction of Commission. After referring a complaint to a 
state entity under paragraph (c)(6)(i) of this section, or if a 
complaint is filed directly with a state entity, the Commission shall 
exercise jurisdiction over such complaint only if:
    (A) Final action under such state program has not been taken 
within:
    (1) 180 days after the complaint is filed with such state entity; 
or
    (2) A shorter period as prescribed by the regulations of such 
state; or
    (B) The Commission determines that such state program is no longer 
qualified for certification under Sec. 64.605.
    (iv) The Commission shall resolve within 180 days after the 
complaint is filed with the Commission any interstate TRS complaint 
alleging a violation of section 225 of the Act or any complaint 
involving intrastate relay services in states without a certified 
program. The Commission shall resolve intrastate complaints over which 
it exercises jurisdiction under paragraph (c)(6)(iii) of this section 
within 180 days.
    (v) Complaint Procedures. Complaints against TRS providers for 
alleged violations of this subpart may be either informal or formal.
    (A) Informal Complaints.
    (1) Form. An informal complaint may be transmitted to the Consumer 
Information Bureau by any reasonable means, such as letter, facsimile 
transmission, telephone (voice/TRS/TTY), Internet e-mail, or some other 
method that would best accommodate a complainant's hearing or speech 
disability.
    (2) Content. An informal complaint shall include the name and 
address of the complainant; the name and address of the TRS provider 
against whom the complaint is made; a statement of facts supporting the 
complainant's allegation that the TRS provided it has violated or is 
violating section 225 of the Act and/or requirements under the 
Commission's rules; the specific relief or satisfaction sought by the 
complainant; and the complainant's preferred format or method of 
response to the complaint by the Commission and the defendant TRS 
provider (such as letter, facsimile transmission, telephone (voice/TRS/
TTY), Internet e-mail, or some other method that would best accommodate 
the complainant's hearing or speech disability).
    (3) Service; designation of agents. The Commission shall promptly 
forward any complaint meeting the requirements of this subsection to 
the TRS provider named in the complaint. Such TRS provider shall be 
called upon to satisfy or answer the complaint within the time 
specified by the Commission. Every TRS provider shall file with the 
Commission a statement designating an agent or agents whose principal 
responsibility will be to receive all complaints, inquiries, orders, 
decisions, and notices and other pronouncements forwarded by the 
Commission. Such designation shall include a name or department 
designation, business address, telephone number (voice and TTY), 
facsimile number and, if available, internet e-mail address.
    (B) Review and disposition of informal complaints. (1) Where it 
appears from the TRS provider's answer, or from other communications 
with the parties, that an informal complaint has been satisfied, the 
Commission may, in its discretion, consider the matter closed without 
response to the complainant or defendant. In all other cases, the 
Commission shall inform the parties of its review and disposition of a 
complaint filed under this subpart. Where practicable, this information 
shall be transmitted to the complainant and defendant in the manner 
requested by the complainant (e.g., letter, facsmile transmission, 
telephone (voice/TRS/TTY) or Internet e-mail.
    (2) A complainant unsatisfied with the defendant's response to the 
informal complaint and the staff's decision to terminate action on the 
informal complaint may file a formal complaint with the Commission 
pursuant to paragraph (c)(6)(v)(C) of this section.
    (C) Formal complaints. A formal complaint shall be in writing, 
addressed to the Federal Communications Commission, Enforcement Bureau, 
Telecommunications Consumer Division, Washington, DC 20554 and shall 
contain:
    (1) The name and address of the complainant,
    (2) The name and address of the defendant against whom the 
complaint is made,
    (3) A complete statement of the facts, including supporting data, 
where available, showing that such defendant did or omitted to do 
anything in contravention of this subpart, and
    (4) The relief sought.
    (D) Amended complaints. An amended complaint setting forth 
transactions, occurrences or events which have happened since the 
filing of the original complaint and which relate to the original cause 
of action may be filed with the Commission.
    (E) Number of copies. An original and two copies of all pleadings 
shall be filed.
    (F) Service. (1) Except where a complaint is referred to a state 
pursuant to Sec. 64.604(c)(6)(i), or where a complaint is filed 
directly with a state entity, the Commission will serve on the named 
party a copy of any complaint or amended complaint filed with it, 
together with a notice of the filing of the complaint. Such notice 
shall call upon the defendant to satisfy or answer the

[[Page 38440]]

complaint in writing within the time specified in said notice of 
complaint.
    (2) All subsequent pleadings and briefs shall be served by the 
filing party on all other parties to the proceeding in accordance with 
the requirements of Sec. 1.47 of this chapter. Proof of such service 
shall also be made in accordance with the requirements of said section.
    (G) Answers to complaints and amended complaints. Any party upon 
whom a copy of a complaint or amended complaint is served under this 
subpart shall serve an answer within the time specified by the 
Commission in its notice of complaint. The answer shall advise the 
parties and the Commission fully and completely of the nature of the 
defense and shall respond specifically to all material allegations of 
the complaint. In cases involving allegations of harm, the answer shall 
indicate what action has been taken or is proposed to be taken to stop 
the occurrence of such harm. Collateral or immaterial issues shall be 
avoided in answers and every effort should be made to narrow the 
issues. Matters alleged as affirmative defenses shall be separately 
stated and numbered. Any defendant failing to file and serve an answer 
within the time and in the manner prescribed may be deemed in default.
    (H) Replies to answers or amended answers. Within 10 days after 
service of an answer or an amended answer, a complainant may file and 
serve a reply which shall be responsive to matters contained in such 
answer or amended answer and shall not contain new matter. Failure to 
reply will not be deemed an admission of any allegation contained in 
such answer or amended answer.
    (I) Defective pleadings. Any pleading filed in a complaint 
proceeding that is not in substantial conformity with the requirements 
of the applicable rules in this subpart may be dismissed.
    (7) Treatment of TRS customer information. Beginning on July 21, 
2000, all future contracts between the TRS administrator and the TRS 
vendor shall provide for the transfer of TRS customer profile data from 
the outgoing TRS vendor to the incoming TRS vendor. Such data must be 
disclosed in usable form at least 60 days prior to the provider's last 
day of service provision. Such data may not be used for any purpose 
other than to connect the TRS user with the called parties desired by 
that TRS user. Such information shall not be sold, distributed, shared 
or revealed in any other way by the relay center or its employees, 
unless compelled to do so by lawful order.

    6. Revise Sec. 64.605 to read as follows:


Sec. 64.605  State certification.

    (a) State documentation. Any state, through its office of the 
governor or other delegated executive office empowered to provide TRS, 
desiring to establish a state program under this section shall submit, 
not later than October 1, 1992, documentation to the Commission 
addressed to the Federal Communications Commission, Chief, Common 
Carrier Bureau, TRS Certification Program, Washington, DC 20554, and 
captioned ``TRS State Certification Application.'' All documentation 
shall be submitted in narrative form, shall clearly describe the state 
program for implementing intrastate TRS, and the procedures and 
remedies for enforcing any requirements imposed by the state program. 
The Commission shall give public notice of states filing for 
certification including notification in the Federal Register.
    (b) Requirements for certification. After review of state 
documentation, the Commission shall certify, by letter, or order, the 
state program if the Commission determines that the state certification 
documentation:
    (1) Establishes that the state program meets or exceeds all 
operational, technical, and functional minimum standards contained in 
Sec. 64.604;
    (2) Establishes that the state program makes available adequate 
procedures and remedies for enforcing the requirements of the state 
program, including that it makes available to TRS users informational 
materials on state and Commission complaint procedures sufficient for 
users to know the proper procedures for filing complaints; and
    (3) Where a state program exceeds the mandatory minimum standards 
contained in Sec. 64.604, the state establishes that its program in no 
way conflicts with federal law.
    (c) Certification period. State certification shall remain in 
effect for five years. One year prior to expiration of certification, a 
state may apply for renewal of its certification by filing 
documentation as prescribed by paragraphs (a) and (b) of this section.
    (d) Method of funding. Except as provided in Sec. 64.604, the 
Commission shall not refuse to certify a state program based solely on 
the method such state will implement for funding intrastate TRS, but 
funding mechanisms, if labeled, shall be labeled in a manner that 
promote national understanding of TRS and do not offend the public.
    (e) Suspension or revocation of certification. The Commission may 
suspend or revoke such certification if, after notice and opportunity 
for hearing, the Commission determines that such certification is no 
longer warranted. In a state whose program has been suspended or 
revoked, the Commission shall take such steps as may be necessary, 
consistent with this subpart, to ensure continuity of TRS. The 
Commission may, on its own motion, require a certified state program to 
submit documentation demonstrating ongoing compliance with the 
Commission's minimum standards if, for example, the Commission receives 
evidence that a state program may not be in compliance with the minimum 
standards.
    (f) Notification of substantive change. States must notify the 
Commission of substantive changes in their TRS programs within 60 days 
of when they occur, and must certify that the state TRS program 
continues to meet federal minimum standards after implementing the 
substantive change.

[FR Doc. 00-15706 Filed 6-20-00; 8:45 am]
BILLING CODE 6712-01-P


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