38432 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations

Subcommittee document VRS–96–6

states that radio astronomy

observatories typically have control over

access to a distance of one kilometer

from the telescopes to provide

protection from interference caused by

automobile spark plugs and other

uncontrolled RFI sources. It is unclear

from reading the comments why CORF

selected a distance of 250 meters as a

distance beyond which radio astronomy

operations are not able to restrict

operation of RF devices. We are aware

that the radio astronomy observatory at

Kitt Peak, Arizona may have had a

controlled distance of less than 1

kilometer due to the public access

afforded the site. We also note that

NRAO has announced that they will be

closing the millimeter wave telescope at

Kitt Peak on July 1, 2000. The record in

this proceeding has not made us aware

of any other radio astronomy

observatories that offer similar essential

public access. We note that the IEEE

standard implies that radio astronomy

observatories do have control of areas

surrounding their receive antennas. As

a result there may be interference

mitigation procedures, such as erecting

a fence, that could be utilized to further

minimize the potential for receiving any

interference from the vehicular radars.

Given the limited number of radio

astronomy observatories and the

potential benefit of these unlicensed

devices we encourage the radio

astronomy community and the

automobile industry to work together to

develop interference mitigation

procedures.

4. We have carefully considered

NRAO’s petition for reconsideration and

related comments and determine that

the public interest will be best served by

adopting rules that will permit the

introduction of these unlicensed

vehicular radar devices. We conclude

that the public interest would best be

served by maintaining the spurious

emission level of 1000 pW/cm2, which

provides adequate protection to radio

astronomy observatories without being

unreasonably restrictive for unlicensed

vehicular radar devices. Accordingly,

NRAO’s petition for reconsideration is

denied.

Spectrum Etiquette

5. In the Third Order the Commission

adopted a spectrum etiquette for

unlicensed operation in the 59–64 GHz

band. Included in the spectrum

etiquette is the reservation of the 59.0–

59.05 GHz band as a designated

coordination channel. In addition, the

etiquette requires that any transmitter

operating with a peak power equal to or

greater than 0.1 mW in the 59.05–64

GHz band must transmit once every

second a transmitter identification data

block that contains the following: (1)

The FCC identifier, which is

programmed at the factory; (2) a

manufacturer’s serial number, also

programmed at the factory; and (3) at

least 24 bytes of user definable data.

6. In its petition, NEDD states that the

requirement for a special coordination

channel at 59.0–59.05 GHz will impose

an unfair burden on developers of point

to point systems and appears to violate

the spirit of unencumbered commercial

development. NEDD further states that

because there is no specific protocol or

definition for the transmitter

identification data block and no

database for these identifiers, it appears

that the Millimeter Wave

Communications Working Group

(‘‘MWCWG’’) has proposed this

etiquette to gain a tactical advantage

over other innovators. NEDD provides

no new facts to support its assertions.

7. The Commission reserved 50 MHz

of spectrum and named it a

coordination channel. However, we

believe that the 50 MHz of spectrum

would be more aptly referred to as a

reserve channel. The reserve channel

was established in order to save a 50

MHz block of spectrum for use as a

future test bed to determine techniques

for mitigating or eliminating

interference that may occur between

different unlicensed transmitters

operating in the 59–64 GHz band. We

believe that NEDD may have viewed the

coordination channel as a requirement

to utilize the 59.0–59.05 GHz band to

coordinate the simultaneous operation

of multiple unlicensed devices. As

indicated in our rules, the 50 MHz of

spectrum can only be utilized after

receiving approval under the

experimental authorization provisions

of part 5 of the Commission’s rules. As

a result, our rules do not require any

operation in the 50 MHz of reserved

spectrum.

8. In order to provide manufacturers

with maximum flexibility in the design

of unlicensed devices that operate in the

59–64 GHz band, no specific method of

encoding the transmitter identification

was included in the Commission’s rules.

In its opposition to the NEDD petition,

the MWCWG notes that the

Commission’s rules require each

application for equipment authorization

to specify how interested parties can

obtain sufficient information, at no cost,

to enable them to detect fully and

decode the transmitter identification

information, which can be used to

identify a source of interference.

MWCWG observes that this requirement

simply provides manufacturers and

operators with a tool to mitigate and

resolve interference among unlicensed

users of the 59–64 GHz band, without

the intervention of the FCC.

9. We agree with MWCWG’s

observation that the sharing and

coordination benefits provided by the

transmitter identification requirement

outweigh any burden it imposes. We

find that the transmitter identification

requirement does not thwart or delay

development or deployment of

unlicensed devices. Nor does the rule

provide any tactical advantage to any

manufacturer because all manufacturers

of unlicensed devices that operate in the

59–64 GHz band have to comply with

the requirement. Accordingly, the

petition for reconsideration filed by

NEDD is denied.

10. Pursuant to the authority

contained in sections 4(i), 302, 303(e),

303(f), 303(g), 303(r), and 405 of the

Communications Act of 1934, as

amended, It is Ordered that the Petitions

for Reconsideration filed by National

Radio Astronomy Observatory and New

England Digital Distribution, Inc., Are

Denied.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–15578 Filed 6–20–00; 8:45 am]

BILLING CODE 6712–01–U

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.

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

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations 38433

that section. The remaining sections are

effective on December 18, 2000, except

for §§ 64.604(b)(2), 64.604(c)(1),

§§ 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

jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT:

Marilyn Jones, Attorney, 202/418–2357,

Fax 202/418–2345, TTY 202/418–0484,

majones@fcc.gov, 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 jboley@fcc.gov.

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

38434 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations

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-ofanswer 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

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations 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 § 64.601 to read as follows:

§ 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 nonEnglish 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

38436 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations

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 § 64.602 to read as follows:

§ 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 § 64.603 to read as follows:

§ 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 § 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 § 64.604; or

(b) With respect to intrastate

telecommunications relay services in

any state that has a certified program

under § 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 § 64.605 for

such state.

5. Revise § 64.604 to read as follows:

§ 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

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations 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 § 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

38438 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations

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 § 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 § 64.605; or

(2) TRS facilities owned by or

operated under contract with a common

carrier providing interstate services

operated pursuant to § 64.604; or

(3) Interstate common carriers offering

TRS pursuant to § 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 semiannually) 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

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations 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 § 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 § 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

§ 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 § 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

38440 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations

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

§ 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 § 64.605 to read as follows:

§ 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 § 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 § 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 § 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[I.D. 052500B]

Atlantic Highly Migratory Species

(HMS) Fisheries; Prohibited Shark

Species; Large Coastal Shark Species;

Commercial Fishery Closure Change

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Implementation of prohibited

species provisions; closure change.

SUMMARY: NMFS implements the 1999

prohibited species provisions and

changes the closure of the large coastal

shark (LCS) commercial fishery in the

Atlantic Ocean, including the Gulf of

Mexico and Caribbean Sea. On June 6,

2000, NMFS announced in the Federal

Register a closure date of August 7,

2000, for LCS. In a court order by Judge

Stephen D. Merryday, the 1999

regulations governing prohibited species

provisions may be implemented and

enforced, pending further review of the

court. Therefore, based on 1997, 1998,

and 1999 catch rates and the

implementation of the prohibited

species provisions, NMFS has

determined that the second semiannual

adjusted quota for LCS will be reached

on or before August 15, 2000.