[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25255-25256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10859]


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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 10-51; DA 10-314]


Structure and Practices of the Video Relay Service Program

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission, via the Consumer and 
Governmental Affairs Bureau (Bureau), addresses the compensability from 
the Interstate TRS Fund (Fund) of certain types of calls made through 
Video Relay Service (VRS), a form of Telecommunications Relay Service 
(TRS). First, the Bureau emphasizes that VRS calls made by or to a VRS 
provider's employee, or the employee of a provider's subcontractor, are 
not eligible for compensation from the TRS Fund on a per-minute basis 
from the Fund, but rather as business expenses. Second, the Bureau 
emphasizes that VRS calls placed for the purpose of generating 
compensable minutes are not, and never have been, compensable from the 
Fund. Finally, the Bureau emphasizes that two categories of calls do 
not meet the definition of TRS or otherwise are not compensable from 
the Fund under plain statutory language: (1) VRS Voice Carry Over (VCO) 
used to connect two hearing users and (2) VRS calls used to connect two 
users who are both outside the United States. This action is necessary 
to explain that certain types of TRS minutes are not compensable from 
the Fund. The intended impact of this action is to enhance the 
integrity of the TRS program.

DATES: Effective February 25, 2010.

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and 
Governmental Affairs Bureau at (202) 559-5158 (VP), or e-mail: 
<a href="/cdn-cgi/l/email-protection#3c7b4e595b534e45127450555e53577c5a5f5f125b534a"><span class="__cf_email__" data-cfemail="d89faabdbfb7aaa1f690b4b1bab7b398bebbbbf6bfb7ae">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
document DA 10-314, adopted and released on February 25, 2010. The full 
text of this document and copies of any subsequently filed documents in 
this matter will be available for public inspection and copying during 
regular business hours at the FCC Reference Information Center, Portals 
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. This 
document and copies of subsequently filed documents in this matter may 
also be purchased from the Commission's duplicating contractor at 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. 
Customers may contact the Commission's duplicating contractor at their 
Web site: http://www.bcpiweb.com or call 1-800-378-3160. To request 
materials in accessible formats for people with disabilities (Braille, 
large print, electronic files, audio format), send an e-mail to 
<a href="/cdn-cgi/l/email-protection#1b7d78782e2b2f5b7d7878357c746d"><span class="__cf_email__" data-cfemail="f5939696c0c5c1b5939696db929a83">[email protected]</span></a> or call the Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), (202) 418-0432 (TTY). Document DA 10-314 can 
also be downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro.

Synopsis

VRS Calls Already Compensated Through the Rate Base

    1. In document DA 10-314, the Bureau emphasizes that VRS calls made 
by or to a VRS provider's employee, or the employee of a provider's 
subcontractor, are not eligible for compensation from the TRS Fund on a 
per-minute basis as part of the provider's calls submitted monthly to

[[Page 25256]]

the Fund administrator for payment. Instead, the costs of such calls 
are business expenses that can and should be included in the providers' 
cost data submitted to the Fund administrator for purposes of setting 
VRS compensation rates. The Relay Services Data Request form, which is 
submitted to the Fund Administrator annually by each provider for 
purposes of determining the compensation rate, expressly identifies 
such expenses (e.g., for telecommunications expenses, operations 
support, human resources, and marketing and advertising) as business 
expenses. In this manner, the cost associated with providing telephone 
service for use by employees is properly reflected in the VRS 
compensation rate. Providers have had ample notice that such costs 
should be treated as business expenses. Because providers already are 
able to include the costs of providing telephone and telecommunications 
services for use by employees in their annual submissions to the Fund 
Administrator, to permit providers also to be compensated from the Fund 
for such calls on a per-minute basis would result in double recovery 
from the Fund.

VRS Calls Placed for the Purpose of Generating Compensable Minutes

    2. The Bureau also emphasizes that individuals who place or arrange 
for VRS calls for the purpose of generating compensable minutes of use 
are not using the service as intended; that is, Congress intended TRS 
to provide the ability for individuals with hearing or speech 
disabilities to communicate over the telephone system with hearing 
individuals in a functionally equivalent manner. Using VRS as a means 
to generate compensation from the TRS Fund is antithetical to that 
statutory purpose. This includes, but is not limited to, calls to 
podcasts or other pre-recorded material and calls ostensibly for 
marketing or outreach purposes, when initiated by or on behalf of VRS 
providers. This also includes paying independent marketing firms to 
have deaf employees place marketing calls through the providers' VRS. 
Likewise, for example, when a provider directly or indirectly sponsors 
events (e.g., lectures, courses, story times) that deaf callers can 
listen to by placing VRS calls to a bridge number, that is encouraging 
users to place VRS calls that they would not ordinarily make. In these 
instances, but for the provider establishing the event for the deaf 
caller to call via VRS, no such call would occur.

VRS Voice Carry Over (VCO) Calls

    3. Some providers offer VCO service to deaf or hard of hearing 
consumers who use VRS. VRS VCO permits the deaf or hard of hearing user 
to speak to the other party to the call rather than communicate via 
ASL; in return, the CA signs in ASL to the consumer what the other 
party to the call (the voice telephone user) has said. Such calls are 
generally set up by having the VRS CA, after the VRS user has initiated 
the video call to the CA, call back the VRS user on a voice telephone 
line. As a result, the VRS user has both the video link to the CA (to 
see, in ASL, what the called party has said) and a voice telephone link 
to the called party so that the VRS user can speak directly to that 
party.
    4. To the extent that some users have abused VRS by using VRS VCO 
to make voice-to-voice calls for the purpose of making a free long 
distance call, the Bureau takes this opportunity to remind VRS 
providers of Congress's explicit limitation that VRS calls ``provide 
the ability for an individual who has a hearing impairment or speech 
impairment to engage in communication * * * with a hearing 
individual.'' 47 U.S.C. 225(a)(3). Therefore, VRS VCO may be used only 
when a person who is deaf or hard of hearing wants to use his or her 
own voice to speak to the hearing party during the VRS call. If it 
becomes clear that what was initially set up as a VRS VCO call is in 
fact a call between two voice telephone users, the call is no longer a 
TRS call compensable from the Fund.

VRS Calls That Originate and Terminate Outside of the United States

    5. The Bureau also reminds providers that VRS calls that both 
originate and terminate outside of the United States are not 
compensable from the Fund under section 225 of the Act. Section 225 of 
the Act provides that ``the Commission shall ensure that interstate and 
intrastate telecommunications relay services are available, to the 
extent possible and in the most efficient manner, to hearing-impaired 
and speech-impaired individuals in the United States.'' 47 U.S.C. 
225(b)(1). Because section 225 of the Act expressly states that TRS is 
for individuals ``in the United States,'' the statute does not 
authorize compensation from the Fund for VRS or other TRS calls that do 
not either originate or terminate in the United States. Similarly, as 
part of the registration and verification requirements applicable to 
the provision of ten-digit, North American Numbering Plan (NANP), 
telephone numbers to Internet-based TRS users, providers must verify 
that only persons with hearing or speech disabilities residing in the 
United States may obtain from them, and be registered with, a ten-digit 
NANP number.

Congressional Review Act

    The Commission will not send a copy of this [Report & Order, etc.] 
pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A), 
because the adopted rules are: Rules of particular applicability;

Ordering Clauses

    Pursuant Sections 1, 2, 4(i), and 225 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), and 225, and Sec. Sec.  
0.141, 0.361 and 1.2 of the Commission's rules, 47 CFR 0.141, 0.361 and 
1.2, document DA 10-314 IS adopted.

Mark Stone,
Deputy Bureau Chief, Consumer and Governmental Affairs Bureau, Federal 
Communications Commission.
[FR Doc. 2010-10859 Filed 5-6-10; 8:45 am]
BILLING CODE 6712-01-P


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