[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Rules and Regulations]
[Pages 47152-47153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23529]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR PART 64

[CC Docket 90-571; DA 97-1800]


Telecommunications Relay Services, and the Americans With 
Disabilities Act of 1990

AGENCY: Federal Communications Commission.

ACTION: Suspension of final rule; Order.

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SUMMARY: Notice is hereby given that in an Order on Telecommunications 
Relay Services (``TRS'') and the Americans with Disabilities Act of 
1990 (``Order''), CC Docket No. 90-571, adopted on August 20, 1997 and 
released on August 21, 1997, the Common Carrier Bureau (``Bureau'') 
suspended enforcement of the requirement that the TRS be capable of 
handling coin sent-paid calls for one additional year until August 26, 
1998. Because the existing technology to provide coin sent-paid calls 
through the TRS centers has serious deficiencies and no technological 
solution appears imminent, the Bureau recommended that the Commission 
conduct a rulemaking during the one year suspension to gather 
information sufficient to ensure that the Commission's final decision 
on whether the TRS must be capable of handling coin sent-paid calls is 
based on a complete and fresh record. During the suspension period, the 
Bureau directed carriers to continue to make payphones accessible to 
TRS users under the ``Alternative Plan.'' The Alternative Plan has 
enabled TRS users to make relay calls from payphones using alternative 
payment methods since 1995 and has educated TRS users about their 
abilities to make such calls. In addition, because parties disagree 
over the effectiveness of the Alternative Plan, the Bureau directed 
carriers to comply with several additional consumer education 
requirements designed to improve TRS users' awareness of their ability 
to make relay calls from payphones.

EFFECTIVE DATES: Section 64.604(a)(3) is suspended effective September 
8, 1997 through August 26, 1998. The collections of information for 
this order will become effective no sooner than October 8, 1997 upon 
approval of OMB.

[[Page 47153]]

The Commission will publish a document at a later date announcing this 
effective date.

FOR FURTHER INFORMATION CONTACT: Helene Schrier Nankin, 202-418-1466, 
Network Services Division, Common Carrier Bureau.

SUPPLEMENTARY INFORMATION: Under Sec. 64.604 of the Commission's rules, 
the TRS must be capable of handling any type of telephone call normally 
provided by common carriers. The Commission has interpreted this rule 
to include coin sent-paid calls. The coin sent-paid rule was initially 
to become effective on July 26, 1993. 47 U.S.C. 225(c) (1996). The 
Bureau has suspended enforcement of the requirement that common 
carriers provide coin sent-paid calls through the TRS centers since 
1993 based on common carriers' representations that it has been 
technically infeasible to provide the coin sent-paid service through 
the TRS centers (``coin sent-paid rule''). Since 1995, carriers have 
made payphones accessible to TRS users through an Alternative Plan 
(``Alternative Plan''). The Alternative Plan enables TRS users to make 
local relay calls for free and to make toll calls from payphones using 
calling or prepaid cards at or below the coin call rates. The 
Alternative Plan also requires carriers to educate TRS users about the 
alternative payment methods that the TRS users can use to make relay 
calls from payphones. The Bureau directed carriers to file two reports 
on the effectiveness of the Alternative Plan, due 12 and 18 months 
after the issuance of the Bureau's order adopting the Alternative Plan 
(``12 Month Report'' and ``18 Month Report'' respectively). The Bureau 
listed the two reports on public notice dated May 9, 1997 and received 
nine comments on June 2, 1997. Commenters disagree on the effectiveness 
of the Alternative Plan.
    In the Order, the Bureau suspended the enforcement of the 
requirement that the TRS be capable of handling coin sent-paid calls 
for one year until August 26, 1998 because the only technological 
solution that can provide the coin sent-paid calls through the TRS 
centers, coin signalling interface (``CSI''), has serious deficiencies 
and no new technological solution appears imminent. In the Order, the 
Bureau recommends that during the one year suspension, the Commission 
conduct a rulemaking on coin sent-paid issues to gather information 
sufficient to ensure that the Commission's final decision on whether 
the TRS must be capable of handling coin sent-paid calls is based on a 
complete and fresh record.
    In addition, the Bureau directed carriers to continue to make 
payphones accessible to TRS users under the terms of the Alternative 
Plan as set forth in the 1995 Suspension Order, 60 FR 58626 (Nov. 28, 
1995), and as modified by the Order. The Bureau required carriers: (1) 
to send a consumer education letter to TRS centers; (2) to inform 
organizations representing the hearing and speech disability community 
before attending their regional and national meetings who will be 
present at the meeting, where the industry's booth will be located, and 
at what times the booth will be in operation; and (3) to publish an 
article in Consumer Action Network (``CAN's'') respective 
organizations'' magazines or newsletters. The Bureau also directed 
carriers to work jointly with the organizations representing the 
individuals with hearing and speech disabilities to draft a report 
about the feasibility of executing the other proposals contained in the 
18 Month Report, to be submitted to the Commission within two months of 
the publication of a summary of the Order in the Federal Register. In 
particular, the Bureau directed carriers to consult with 
representatives from organizations that represent the hearing and 
speech disability community to determine if it would be useful and 
possible to educate TRS users about the Alternative Plan by: (1) 
Sending a letter directly to all CAN's members; and (2) creating 
laminated cards with visual characters that will provide a pictorial 
explanation to accompany the text describing access to TRS centers from 
payphones and which can be distributed to TRS users. If carriers found 
that these actions are feasible, the Bureau directed carriers to take 
these actions.
    The full text of the Order is available for inspection and copying 
during the weekday hours of 9 a.m. to 4:30 p.m. in the Commission's 
Reference Center, Room 239, 1919 M Street, N.W., or copies may be 
purchased from the Commission's duplicating contractor, ITS, Inc., 2100 
M Street, N.W., Suite 140, Washington D.C. 20037, phone 202/857-3800.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Handicapped, Individuals with 
hearing and speech disabilities, Telecommunications relay services.

    For the reasons set forth in the preamble, Sec. 64.604(a)(3) is 
suspended from September 8, 1997 through August 26, 1998.

Federal Communications Commission.
Kent Nilsson,
Deputy Division Chief, Network Services Division, Common Carrier 
Bureau.
[FR Doc. 97-23529 Filed 9-5-97 8:45 am]
BILLING CODE 6712-01-P