Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 33915 

Commission proposes to amend 47 CFR 

part 64 as follows: 

PART 64—MISCELLANEOUS RULES 

RELATING TO COMMON CARRIERS 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 47 U.S.C. 154, 201, 202, 218, 

222, 225, 226, 227, 228, 251(e), 254(k), 

403(b)(2)(B), (c), 616, 620, 1401–1473, unless 

otherwise noted. 

■ 2. Amend § 64.604 by: 

■ a. Revising paragraphs (c)(8)(ii), 

(c)(9)(x), (c)(10)(i), and (c)(11)(v); 

■ b. Redesignating paragraph (c)(8)(v) as 

paragraph (c)(8)(vi) and paragraph 

(c)(10)(ii) as paragraph (c)(10)(iii); and 

■ c. Adding paragraphs (c)(8)(v), 

(c)(9)(iii)(E), (c)(10)(ii), and (c)(11)(vi). 

The additions and revisions read as 

follows: 

§ 64.604 Mandatory Minimum Standards. 

* * * * * 

(c) * * * 

(8) * * * 

(ii) An IP CTS provider shall not offer 

or provide to any other person or entity 

any direct or indirect incentives, 

financial or otherwise, to encourage 

referrals of potential users, registrations, 

or use of IP CTS. Where an IP CTS 

provider offers or provides IP CTS 

equipment, directly or indirectly, to a 

hearing health professional, or any other 

person or entity, and such person or 

entity makes or has the opportunity to 

make a profit on the sale of the 

equipment to consumers, such IP CTS 

provider shall be deemed to be offering 

or providing a form of incentive to 

encourage referrals of potential users, 

registrations or use of IP CTS. 

* * * * * 

(v) IP CTS providers, and their agents 

and contractors, may not discuss the 

availability of a free IP CTS device in 

marketing presentations and 

promotional materials unless such 

presentations and materials also clearly 

and prominently state that IP CTS and 

IP CTS devices are only intended for 

individuals who have a hearing loss that 

makes it difficult to use the phone. 

(vi) Any IP CTS provider that does not 

comply with this paragraph (c)(8) shall 

be ineligible for compensation for such 

IP CTS from the TRS Fund. 

(9) * * * 

(iii) * * * 

(E) Within two years after obtaining a 

consumer’s self-certification, or within 

two years of the effective date of this 

paragraph (c)(9)(iii)(E), whichever is 

later, and within every two years 

thereafter, an IP CTS provider shall 

obtain a new self-certification from the 

consumer in accordance with the 

requirements of this paragraph 

(c)(9)(iii). Minutes of use of any 

consumer who has not provided a new 

self-certification by the end of the twoyear period shall be deemed noncompensable, the provider shall be 

required to re-register the consumer for 

IP CTS service in accordance with the 

requirements of this paragraph (c)(9), 

and the IP CTS provider shall not be 

compensated for minutes of use 

associated with that consumer during 

the period of such lapsed registration. 

* * * * * 

(x) Each IP CTS provider shall 

maintain records of any registration and 

certification information for a period of 

at least ten years after the consumer 

ceases to obtain service from the 

provider and shall maintain the 

confidentiality of such registration and 

certification information, and may not 

disclose such registration and 

certification information or the content 

of such registration and certification 

information except as required by law or 

regulation. 

* * * * * 

(10) IP CTS Settings. Each IP CTS 

provider shall ensure that, for each IP 

CTS device it distributes, directly or 

indirectly: 

(i) The device includes a button, key, 

icon, or other comparable feature that is 

easily operable and requires only one 

step for the consumer to turn captioning 

on or off; 

(ii) The device shall not include any 

features that have the foreseeable effect 

of encouraging IP CTS users to turn on 

captions when they are not needed for 

effective communication; and 

(iii) Any volume control or other 

amplification feature can be adjusted 

separately and independently of the 

caption feature. 

* * * * * 

(11) * * * 

(v) IP CTS providers shall ensure that 

their informational materials and 

websites used to market, advertise, 

educate, or otherwise inform consumers 

and professionals about IP CTS includes 

the following language in a prominent 

location in a clearly legible font: 

‘‘FEDERAL LAW PROHIBITS ANYONE 

BUT REGISTERED USERS WITH 

HEARING LOSS FROM USING 

INTERNET PROTOCOL (IP) 

CAPTIONED TELEPHONES WITH THE 

CAPTIONS TURNED ON. IP Captioned 

Telephone Service may use a live 

operator. The operator generates 

captions of what the other party to the 

call says. These captions are then sent 

to your phone. There is a cost for each 

minute of captions generated, paid from 

a federally administered fund. IP 

CAPTIONED TELEPHONE SERVICE IS 

NOT FOR EVERYONE WITH HEARING 

LOSS. In order to use captioning, a 

consumer must be able to certify that 

captioning is needed to hear telephone 

conversations. Other technologies, such 

as amplified telephones, may better 

serve a consumer’s need to hear 

telephone conversations.’’ For IP CTS 

provider websites, this language shall be 

included on the website’s home page, 

each page that provides consumer 

information about IP CTS, and each 

page that provides information on how 

to order IP CTS or IP CTS equipment. 

IP CTS providers that do not make any 

use of live CAs to generate captions may 

shorten the notice to leave out the 

second, third, and fourth sentences. 

(vi) If an IP CTS provider knows or 

should have known that a user is 

deceased or no longer eligible to use IP 

CTS, including, but not limited to, a 

user failing to provide a new selfcertification in accordance with the 

requirements of paragraph (9)(c)(iii)(E), 

the IP CTS provider shall either 

deactivate the captioning feature on the 

IP CTS equipment distributed to that 

consumer or reclaim the equipment, and 

minutes of use associated with the 

equipment shall not be compensable. 

* * * * * 

[FR Doc. 2018–15336 Filed 7–17–18; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 13–39; Report No. 3098] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petitions for Reconsideration. 

SUMMARY: Petitions for Reconsideration 

(Petitions) have been filed in the 

Commission’s Rulemaking proceeding 

by Michael R. Romano, on behalf of 

NTCA—The Rural Broadband 

Association (‘‘NTCA’’), and Kevin G. 

Rupy, on behalf of USTelecom—The 

Broadband Association. 

DATES: Oppositions to the Petition must 

be filed on or before August 2, 2018. 

Replies to an opposition must be filed 

on or before August 13, 2018. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street SW, 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Zach Ross, Wireline Competition 

Bureau, at: (202) 418–1580; email: 

Zachary.Ross@fcc.gov. 


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33916 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 3098, released 

July 2, 2018. The full text of the 

Petitions is available for viewing and 

copying at the FCC Reference 

Information Center, 445 12th Street SW, 

Room CY–A257, Washington, DC 20554. 

It also may be accessed online via the 

Commission’s Electronic Comment 

Filing System at: http://apps.fcc.gov/ 

ecfs/. The Commission will not send a 

Congressional Review Act (CRA) 

submission to Congress or the 

Government Accountability Office 

pursuant to the CRA, 5 U.S.C. because 

no rules are being adopted by the 

Commission. 

Subject: Rural Call Completion, 

Second Report and Order, FCC 18–45, 

published at 83 FR 21723, May 10, 

2018, in WC Docket No. 13–39. This 

document is being published pursuant 

to 47 CFR 1.429(e). See also 47 CFR 

1.4(b)(1) and 1.429(f), (g). 

Number of Petitions Filed: 2. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2018–14859 Filed 7–17–18; 8:45 am] 

BILLING CODE 6712–01–P 


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