47120 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 03–123 and 08–15; FCC 

08–149] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities; Speech-to-Speech and 

Internet Protocol (IP) Speech-toSpeech Telecommunications Relay 

Services 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on ways to 

improve the provision of Speech-toSpeech (STS), including, for example, 

whether to modify the minimum time 

period a Communications Assistant 

(CA) should be required to stay on a 

call, and ways to improve outreach 

associated with STS. The Commission 

also seeks comment on the tentative 

conclusion that Internet Protocol STS 

(IP STS) is a form of 

telecommunications relay service (TRS) 

eligible for compensation from the 

Interstate TRS Fund and related issues 

relevant to the provision, regulation, 

and compensation of IP STS. These 

issues include the appropriate 

compensation rate for IP STS, and 

whether it should be compensated at the 

same rate as STS. 

DATES: Comments are due on or before 

September 12, 2008. Reply comments 

are due on or before September 29, 

2008. 

ADDRESSES: Interested parties may 

submit comments identified by FCC 08–

149, by any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS), through 

the Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/, or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Filers should 

follow the instructions provided on the 

Web site for submitting comments. For 

ECFS filers, in completing the 

transmittal screen, filers should include 

their full name, U.S. Postal service 

mailing address, and CG Docket Nos. 

03–123 and 08–15. Parties also may 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form <your e-mail 

address>.’’ A sample form and 

directions will be sent in response. 

• Paper filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. Filings can be 

sent by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail (although the Commission 

continues to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial Mail sent by overnight 

mail (other than U.S. Postal Service 

Express Mail and Priority Mail) must be 

sent to 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

Parties who choose to file by paper 

should also submit their comments on 

compact disc. The compact disc should 

be submitted, along with three paper 

copies, to: Dana Wilson, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office, 445 12th Street, SW., 

Room 3–C418, Washington, DC 20554. 

Such submission should be on a 

compact disc formatted in an IBM 

compatible format using Word 2003 or 

a compatible software. The compact 

disc should be accompanied by a cover 

letter and should be submitted in ‘‘read 

only’’ mode. The compact disc should 

be clearly labeled with the commenter’s 

name, proceeding (CG Docket Nos. 03–

123 and 08–15), type of pleading 

(comment or reply comment), date of 

submission, and the name of the 

electronic file on the compact disc. The 

label also should include the following 

phrase: ‘‘CD–Rom Copy—Not an 

Original.’’ Each compact disc should 

contain only one party’s pleadings, 

preferably in a single electronic file. In 

addition, commenters filing by paper 

must send a compact disc copy to the 

Commission’s duplicating contractor at 

Portals II, 445 12th Street, SW., Room 

CY–B402, Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Hlibok, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office at (800) 311–4381 (voice) 

or e-mail at Gregory.Hlibok@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities; Speech-to-Speech Services 

and Internet Protocol (IP) Speech-toSpeech Telecommunications Relay 

Service, Notice of Proposed Rulemaking 

(STS and IP STS NPRM), document FCC 

08–149, adopted June 11, 2008, and 

released June 24, 2008, in CG Docket 

Nos. 03–123 and 08–15, seeking 

comment on matters concerning the 

provision of STS and IP STS. The full 

text of FCC 08–149 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. FCC 08–149 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 

its Web site, http://www.bcpiweb.com, 

or by calling 1–800–378–3160. FCC 08–

149 can also be downloaded in Word or 

Portable Document Format (PDF) at: 

http://www.fcc.gov/cgb/dro/trs.html. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Initial Paperwork Reduction Act of 

1995 Analysis 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104–

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Synopsis 

1. STS is a form of TRS that allows 

persons with speech disabilities access 

to the telephone system by employing 

specially trained CAs to understand the 

speech patterns of an STS user and to 

re-voice the words spoken by the STS 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 47121 

user to the other party of the call. 

Common carriers obligated to provide 

TRS are required to also provide STS. IP 

STS is a proposed form of TRS that 

functions similar to STS in which the 

STS user would connect to the CA over 

the Internet instead of the Public 

Switched Telephone Network (PSTN). 

The Commission seeks comments on 

issues related to STS and IP STS. 

2. STS Issues. The Commission’s rules 

require that STS must be accessible by 

dialing 711, the nationwide three-digit 

number for TRS. Also, the 

Commission’s rules require that each 

CA must remain on an STS call session 

for a minimum of 15 minutes before 

transferring the call to another CA 

because changing CAs can be 

particularly disruptive to users with 

speech disabilities. 

3. On June 26, 2006, Bob Segalman 

and Rebecca Ladew filed a petition 

requesting that the Commission amend 

its rules to require an STS CA to stay 

with the call for a minimum of 20 

minutes rather than 15 minutes, and to 

require that the 20-minute period not 

commence until ‘‘effective’’

communication begins between the STS 

user and the CA. In addition, the 

Commission received reports that some 

STS providers offer the STS user the 

option to have his or her voice muted 

so that the other party of the call only 

hears the CA re-voicing the call which 

is the preferred option among some STS 

users. The Commission also received 

reports from some STS users that they 

have been disconnected after dialing 

711 when the CA attempts to transfer 

the caller to an STS CA. 

4. The Commission therefore seeks 

comment on: (1) Whether to extend the 

15-minute call duration rule to 20 

minutes or another length of time; (2) 

whether that time period should 

commence running when ‘‘effective’’

communication occurs between the STS 

CA and the STS user; (3) how to 

determine when ‘‘effective’’

communication begins; and (4) what 

alternative approaches or requirements 

the Commission should adopt to ensure 

the efficiency of STS calls. 

5. The Commission also seeks 

comment on whether the Commission 

should require STS providers to offer 

the STS user the option to have his or 

her voice muted. Further, the 

Commission seeks comments on the 

scope of the problem concerning 711 

dialing and on ways to ensure that STS 

users dialing 711 can promptly reach an 

STS CA, including by using prompts or 

interactive menus. 

6. Internet Protocol Speech-to-Speech. 

On December 21, 2007, Hawk Relay 

filed a request for clarification that IP 

STS is a form of TRS eligible for 

compensable from the Interstate TRS 

Fund. Hawk Relay describes IP STS as 

a type of STS that uses the Internet, 

rather than the PSTN. Hawk Relay 

asserts that IP STS offers certain benefits 

over traditional STS, including 

portability and ease of use, and that IP 

STS will spur TRS competition and 

innovation. The request was placed on 

Public Notice. Consumer and 

Governmental Affairs Seeks Comment 

on Request for Clarification that Internet 

Protocol Speech-to-Speech Service is a 

Form of Telecommunications Relay 

Service Compensable from the Interstate 

TRS Fund, CG Docket No. 08–15, Public 

Notice, DA 08–292; published at 73 FR 

1649, April 7, 2008. Commenters in 

response to the Public Notice support 

the request that the Commission 

recognize IP STS as a form of TRS 

compensable from the Fund. 

7. The Commission seeks comment on 

the following tentative conclusions 

regarding the proposed IP STS service 

that: (1) IP STS is a form of TRS because 

it is an extension of traditional STS 

which employs an Internet connection 

between the STS user and the CA; (2) all 

IP STS calls may be compensated from 

the Fund if provided in compliance 

with the Commission’s rules, and at the 

same rate as STS; and (3) a common 

carrier desiring to provide IP STS may 

seek Commission certification in order 

to be eligible for compensation from the 

Interstate TRS Fund. 

8. The Commission also seeks 

comment on its tentative conclusions 

that IP STS providers need not meet 

certain TRS requirements regarding: (1) 

CA’s competency skills in typing and 

spelling; (2) the handling of calls in 

ASCII and Baudot formats; (3) call 

release functionality; (4) Hearing Carry 

Over (HCO) and Voice Carry Over (VCO) 

services; (5) equal access to 

interexchange carriers; (6) pay-per-call 

(900) service; (7) speed dialing; and (8) 

outbound 711 dialing. 

9. Finally, the Commission seeks 

comment on the emergency call 

handling rules that should apply to IP 

STS. Relatedly, the Commission asks 

whether IP STS users should be 

required to obtain a ten-digit North 

American Numbering Plan (NANP) 

telephone number. 

10. Outreach. In response to concerns 

that STS outreach efforts in identifying 

and reaching out to potential STS users 

have not been adequate because of low 

intrastate compensation rates, the 

Commission seeks comment on: (1) 

Whether the Commission may require 

individual states to increase intrastate 

STS rates; (2) what other steps the 

Commission should take to ensure that 

all STS providers receive sufficient 

compensation to engage in effective 

outreach to inform new potential users; 

(3) what specific outreach efforts may 

extend the reach of STS (and IP STS, if 

applicable) to new users; and (4) 

whether the Commission should 

mandate such efforts. The Commission 

particularly asks whether the 

Commission has the authority to require 

individual states to increase the 

compensation rates paid for intrastate 

STS. 

11. One Nationwide STS Provider. A 

commenter has suggested that it might 

be appropriate to have a single, 

nationwide STS provider offer both 

interstate and intrastate TRS services 

due to the low usage of these services. 

The Commission seeks comment on this 

suggestion and whether the Commission 

has the authority to mandate such an 

approach given that Section 225 of the 

Communications Act, places the 

obligation on states to oversee the 

provision of intrastate TRS. 

Initial Regulatory Flexibility 

Certification 

12. The Regulatory Flexibility Act of 

1980, as amended (RFA), requires that 

an initial regulatory flexibility analysis 

be prepared for notice-and-comment 

rulemaking proceedings, unless the 

agency certifies that ‘‘the rule will not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’

under the Small Business Act. 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). 

13. In the STS and IP STS NPRM, the 

Commission seeks comment on issues 

concerning the provision of STS and IP 

STS. The Commission proposes 

requiring an STS CA to stay with the 

call for a minimum of 20 minutes, rather 

that the present minimum of 15 

minutes, in order to ensure the effective 

and efficient relaying of STS calls. 

14. The Commission also proposes 

amending its TRS rules to require that 

STS providers offer the STS user the 

option of having her or his voice muted 

so that the other party to the call would 

only hear the STS CA re-voicing the 

call, not the voice of the STS user as 

well. In the STS and IP STS NPRM, the 


hsrobinson on PROD1PC76 with PROPOSALS
47122 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 

Commission proposes that the STS 

provider should be required to utilize an 

interactive menu that provides an 

option for reaching an STS CA in order 

to ensure that STS users calling 711 will 

promptly reach an STS CA to handle 

their calls. For instance, after an STS 

caller dials 711 and reaches the 

provider, the caller would reach an STS 

CA by pressing one additional number 

on the telephone. Finally, the 

Commission invites comment on its 

tentative conclusion that IP STS is a 

form of TRS eligible for compensation 

from the Interstate TRS Fund. 

15. The Commission concludes that 

these proposed changes may be 

necessary to improve the effectiveness 

and quality of STS and IP STS services 

so that users may receive a functionally 

equivalent telephone service, as 

mandated by Title IV of the Americans 

With Disabilities Act. 

16. The Commission believes that 

none of these proposed changes would 

impose a significant burden on 

providers, including small businesses. 

However, if the proposed changes may 

result in additional financial burden on 

the part of the affected providers, 

including small entities, the providers 

will be promptly reimbursed from the 

Interstate TRS Fund for the costs of 

complying with the proposed rules, if 

adopted. Entities, especially small 

businesses, are encouraged to quantify 

the costs and benefits of any reporting 

requirement that may be established in 

this proceeding. 

17. The modifications the 

Commission proposes consist of policies 

aimed at achieving a functionally 

equivalent telephone service for TRS 

users and are not expected to have a 

substantial economic impact upon 

providers, including small businesses, 

because each small business will receive 

financial compensation for reasonable 

costs incurred rather than absorb an 

uncompensated financial loss or 

hardship. 

18. With regard to whether a 

substantial number of small entities may 

be affected by the requirements 

proposed in the STS and IP STS NPRM, 

the Commission notes that, of the 7 

providers affected by the STS and IP 

STS NPRM, only one meets the 

definition of a small entity. The SBA 

has developed a small business size 

standard for Wired Telecommunications 

Carriers, which consists of all such 

firms having 1,500 or fewer employees. 

Seven providers currently receive 

compensation from the Interstate TRS 

Fund for providing STS: AT&T Corp.; 

GoAmerica, Inc.; Hamilton Relay, Inc.; 

Nordia Inc.; Kansas Relay Service, Inc.; 

State of Michigan and Sprint. Because 

only one of the providers would be 

affected by the STS and IP STS NPRM, 

if adopted, is deemed to be small 

entities under the SBA’s small business 

size standard, the Commission 

concludes that the number of small 

entities potentially affected by the 

Commission’s proposed rules in the STS 

and IP STS NPRM is not substantial. 

19. Moreover, given that all providers 

potentially affected by the proposed 

rules, including the one that is deemed 

to be a small entity under the SBA’s 

standard, would be entitled to receive 

prompt reimbursement for its 

reasonable costs of compliance, the 

Commission concludes that the STS and 

IP STS NPRM, if adopted, will not have 

a significant economic impact on small 

entities. 

20. Therefore, the Commission 

certifies that the proposals in the STS 

and IP STS NPRM, if adopted, will not 

have a significant economic impact on 

a substantial number of small entities. 

Ordering Clauses 

Pursuant to sections 1, 4(i) and (o), 

225, 255, 303(r), 403, 624(g), and 706 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i) and (o), 

225, 255, 303(r), 403, 554(g), and 606, 

the Notice of Proposed Rulemaking is 

adopted. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Notice of Proposed Rulemaking, 

including the Initial Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

[FR Doc. E8–18616 Filed 8–12–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1710; MB Docket No. 08–86; RM–

11432] 

Radio Broadcasting Services; Custer, 

MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document sets forth a 

proposal to amend the FM Table of 

Allotments, Section 73.202(b) of the 

Commission’s rules, 47 CFR 73.202(b). 

The Commission requests comment on 

a petition filed by Roy E. Henderson. 

Petitioner proposes the substitution of 

FM Channel 227A for vacant Channel 

263A at Custer, Michigan. The purpose 

of the requested channel substitution at 

Custer is to eliminate a short-spacing 

with the facilities proposed in an 

application to upgrade the facilities of 

Station WCUZ(FM) at Bear Lake, 

Michigan, from FM Channel 261A to 

Channel 264C3. Channel 227A can be 

allotted at Custer in compliance with 

the Commission’s minimum distance 

separation requirements with a site 

restriction of 13.1 km (8.1 miles) 

northeast of Custer. The proposed 

coordinates for Channel 227A at Custer 

are 44–03–28 North Latitude and 85–

08–56 West Longitude. Concurrence by 

the Government of Canada is required 

for the allotment of Channel 227A at 

Custer, Michigan, because the proposed 

allotment is located within 320 

kilometers (200 miles) of the U.S.- 

Canadian border. See SUPPLEMENTARY

INFORMATION infra. 

DATES: Comments must be filed on or 

before September 15, 2008, and reply 

comments on or before September 30, 

2008. 

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554. In 

addition to filing comments with the 

FCC, interested parties should serve 

petitioner’s counsel as follows: Robert J. 

Buenzle, Esq., Law Offices of Robert J. 

Buenzle, 11710 Plaza America Drive, 

Suite 2000, Reston, Virginia 20190. 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, Media Bureau (202) 

418–7072. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

08–26, adopted July 23, 2008, and 

released July 25, 2008. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC 

Reference Information Center (Room 

CY–A257), 445 12th Street, SW., 

Washington, DC 20554. The complete 

text of this decision may also be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, http:// 

www.bcpiweb.com. This document does 

not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 


hsrobinson on PROD1PC76 with PROPOSALS