37624 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 04–36, CG Docket No. 03– 

123, WT Docket No. 96–198 and CC Docket 

No. 92–105; DA 09–1461] 

IP–Enabled Services; Implementation 

of Sections 255 and 251(a)(2) of the 

Communications Act of 1934, as 

Enacted by The Telecommunications 

Act of 1996: Access to 

Telecommunications Service, 

Telecommunications Equipment and 

Customer Premises Equipment by 

Persons With Disabilities; 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; extension of waiver. 

SUMMARY: In this document, the 

Commission, via the Consumer and 

Governmental Affairs Bureau, extends 

the limited waiver granted in 

Implementation of Sections 255 and 

251(a)(2) of the Communications Act of 

1934, as Enacted by the 

Telecommunications Act of 1996: 

Access to Telecommunications Service, 

Telecommunications Equipment and 

Customer Premises Equipment by 

Persons with Disabilities; 

Telecommunications Relay Services and 

Speech-to-Speech Services for 

Individuals with Hearing and Speech 

Disabilities, Order (2009 TRS 711 

Waiver Order), of the requirement that 

traditional telecommunications relay 

service (TRS) providers (those providing 

relay service via the public switched 

telephone network and a text telephone 

(TTY)) must automatically and 

immediately call an appropriate Public 

Safety Answering Point (PSAP) when 

receiving an emergency 711-dialed call 

placed by an interconnected voice over 

Internet Protocol (VoIP) user. 

DATES: Effective June 26, 2009. 

Traditional TRS providers are granted a 

waiver until June 29, 2010. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Boehley, Consumer and Governmental 

Affairs Bureau at (202) 418–7395 

(voice), or e-mail: Lisa.Boehley@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s document 

DA 09–1461, adopted and released on 

June 26, 2009. 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 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). This document can also be 

downloaded in Word or Portable 

Document Format (PDF) at: http:// 

www.fcc.gov/cgb/dro. 

Synopsis 

1. On June 15, 2007, the Commission 

released the Report and Order (VoIP 

TRS Order), published at 72 FR 43546, 

August 6, 2007, WC Docket No. 04–36, 

CG Docket No. 03–123, WT Docket No. 

96–198 and CC Docket No. 92–105, FCC 

07–110. In the VoIP TRS Order, the 

Commission extended its pre-existing 

TRS rules to interconnected VoIP 

providers, including the duty to offer 

711 abbreviated dialing access to TRS. 

The VoIP TRS Order required 

interconnected VoIP providers to offer 

711 abbreviated dialing ‘‘to ensure that 

TRS calls can be made from any 

telephone, anywhere in the United 

States, and that such calls will be 

properly routed to the appropriate relay 

center.’’ 

2. In the Order and Public Notice 

Seeking Comment (October 2007 Order 

and Notice), released on October 9, 

2007, published at 72 FR 61813, 

November 1, 2007, and 72 FR 61882, 

November 1, 2007, WC Docket No. 04– 

36, CG Docket No. 03–123, WT Docket 

No. 96–198 and CC Docket No. 92–105, 

DA 07–4178, the Commission clarified 

the 711 abbreviated dialing requirement 

adopted in the VoIP TRS Order and 

granted interconnected VoIP providers a 

six-month waiver of the requirement to 

route the inbound leg of a 711-dialed 

call to an ‘‘appropriate TRS provider,’’ 

as defined by the Commission. The 

Commission also determined that the 

geographic location identification 

challenges associated with 

interconnected VoIP-originated 711 

calls rendered traditional TRS providers 

unable to consistently identify the 

‘‘appropriate’’ PSAP to which to route 

such calls. On this basis, the 

Commission found good cause to grant 

traditional TRS providers a six-month 

waiver of the obligation set forth in 

§ 64.604(a)(4) of its rules to 

automatically and immediately route 

the outbound leg of an interconnected 

VoIP-originated emergency 711 call to 

an ‘‘appropriate’’ PSAP. 

3. In the 2008 TRS 711 Waiver Order, 

released on April 4, 2008, published at 

73 FR 28057, May 15, 2008, WC Docket 

No. 04–36, CG Docket No. 03–123, WT 

Docket No. 96–198 and CC Docket No. 

92–105, DA 07–4178, the Commission, 

via the Consumer and Governmental 

Affairs Bureau, granted interconnected 

VoIP providers an extension of time, 

until March 31, 2009, to route 711- 

dialed calls to an appropriate relay 

center, in the context of 711-dialed calls 

in which the calling party is using a 

non-geographically relevant telephone 

number or a nomadic interconnected 

VoIP service. Traditional TRS providers 

also were granted an extension of time, 

until March 31, 2009, to fulfill their 

obligation to implement a system to 

automatically and immediately call an 

appropriate PSAP when receiving an 

emergency 711-dialed call via an 

interconnected VoIP service. 

4. In the 2009 TRS 711 Waiver Order, 

released on April 1, 2009, published at 

74 FR 20892, May 6, 2009, WC Docket 

No. 04–36, CG Docket No. 03–123, WT 

Docket No. 96–198 and CC Docket No. 

92–105, DA 09–749, the Commission, 

via the Consumer and Governmental 

Affairs Bureau, extended for 90 days 

(until June 29, 2009) the limited waiver 

granted to traditional TRS providers in 

the 2008 TRS 711 Waiver Order. In 

taking this action, the Commission 

granted, to the extent provided therein, 

a petition for extension of waiver filed 

by AT&T and Sprint from the 

requirement of § 64.604(a)(4) with 

respect to traditional TRS providers’ 

duty to automatically and immediately 

route emergency 711 calls that originate 

on the network of an interconnected 

VoIP provider. In view of the continued 

technical and operational challenges 

presented by this requirement, the 

Commission found good cause to grant 

traditional TRS providers an extension 

of the waiver of § 64.604(a)(4) until June 

29, 2009. The Commission allowed the 

waiver relief previously granted to 

interconnected VoIP providers to expire, 

however, noting that progress had been 

made toward resolving technical 

difficulties previously associated with 

the routing of 711-dialed calls by 

interconnected VoIP providers. 

6. In the Notice accompanying the 

2009 TRS 711 Waiver Order, published 

at 74 FR 21364, May 7, 2009, WC Docket 

No. 04–36, CG Docket No. 03–123, WT 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37625 

Docket No. 96–198 and CC Docket No. 

92–105, DA 09–749, the Commission, 

via the Consumer and Governmental 

Affairs Bureau, sought comment on any 

remaining compliance issues that 

currently prevent traditional TRS 

providers from reliably identifying the 

appropriate PSAP to call when receiving 

an emergency call via 711 and an 

interconnected VoIP service. In 

addition, the Commission sought 

comment on: (1) The total number of 

interconnected VoIP-originated 711 TRS 

calls that are processed annually by 

interconnected VoIP and traditional 

TRS providers, and the proportion of 

those calls that are of an emergency 

nature; (2) the continuing need, from the 

consumer’s perspective, to be able to 

dial 711 via TRS in an emergency, 

rather than dialing 911 directly; (3) any 

impediments consumers have 

encountered in attempting to dial 911 

directly; (4) the effectiveness of 

providers’ outreach efforts in educating 

consumers about the importance of 

dialing 911 directly in an emergency 

when using a TTY and an 

interconnected VoIP service; and (5) the 

continuing use of TTYs by individuals 

with hearing or speech disabilities and, 

in particular, the use of TTYs with an 

interconnected VoIP service. 

7. On June 11, 2009, AT&T filed a 

petition seeking an indefinite extension 

of the waiver of § 64.604(a)(4), asserting 

that traditional TRS providers ‘‘still 

cannot determine the appropriate PSAP 

to route a VoIP-originated 711 

emergency call due to the inaccessibility 

of registered location information.’’ See 

Implementation of Sections 255 and 251 

(a)(2) of the Communications Act of 

1934, as Enacted by the 

Telecommunications Act of 1996: 

Access to Telecommunications Service, 

Telecommunications Equipment and 

Customer Premises Equipment by 

Persons with Disabilities; 

Telecommunications Relay Services and 

Speech-to-Speech Service for 

Individuals with Hearing and Speech 

Disabilities, WC Docket No. 04–36, WT 

Docket No. 96–198, CG Docket No. 03– 

123 & CC Docket No. 92–105, Petition 

for Extension of Wavier at 2 (filed June 

11, 2009). 

8. In this document, the Commission, 

via the Consumer and Governmental 

Affairs Bureau, extends until June 29, 

2010, the current limited waiver of 

§ 64.604(a)(4) of the Commission’s rules, 

to the extent it applies to traditional 

TRS providers’ obligation to 

automatically and immediately route 

the outbound leg of an interconnected 

VoIP-originated emergency 711 call to 

an appropriate PSAP. Notwithstanding 

this action, the Commission notes that 

if a caller using a TTY connected to an 

interconnected VoIP service calls a 

PSAP directly as a 911-dialed 

emergency call (as a text-to-text, or TTYto-TTY call), the 911-dialed call will be 

routed automatically and immediately 

through the selective router over the 

wireline E911 network to the PSAP that 

serves the caller’s Registered Location, 

just as it would be for a hearing caller 

via an interconnected VoIP service. 

9. The record reflects that the 

remaining technical and operational 

challenges of compliance with this 

requirement are formidable and that a 

comprehensive resolution of these 

issues will require significant, ongoing 

collaboration among a variety of 

industry stakeholders. At the same time, 

the comments suggest that the 

increasing popularity and availability of 

Internet-based forms of TRS have 

significantly reduced the number of 

consumers with broadband Internet 

access who communicate via a TTY and 

an interconnected VoIP service, rather 

than via an Internet-based form of TRS. 

Moreover, the introduction of more 

forward-looking solutions, such as the 

‘‘real-time text’’ solution described in 

the record, is likely to diminish further 

the incidence of TTY use with an 

interconnected VoIP service. Taken 

together, these findings lead to the 

conclusion that, while TTY use by 

interconnected VoIP consumers may be 

on the decline, there remain deaf and 

hard of hearing consumers who 

continue to rely on TTYs. Therefore, 

while the Commission finds good cause 

to extend for an additional year the 

limited waiver previously granted to 

traditional TRS providers, in light of the 

continuing technical and operational 

challenges described in the record, the 

Commission declines to extend the 

waiver indefinitely. 

10. Finally, the Commission 

concludes that, during the period of this 

waiver, any traditional TRS provider 

that cannot automatically and 

immediately route to an appropriate 

PSAP the outbound leg of an 

interconnected VoIP-originated 

emergency 711 call, as required by 

§ 64.604(a)(4) of the Commission’s rules, 

must maintain a system for doing so, to 

the extent feasible, that accomplishes 

the proper routing of emergency 711 

calls as quickly and efficiently as 

possible. This waiver is, therefore, 

conditioned on continued compliance 

with that requirement. Further, during 

this period, TRS providers and 

interconnected VoIP providers must 

continue to undertake consumer 

education and outreach designed to 

remind individuals with hearing or 

speech disabilities to dial 911 directly 

(as a text-to-text, TTY-to-TTY call) in an 

emergency. The Commission also 

expects TRS providers to continue their 

collaboration with interconnected VoIP 

providers and other industry 

stakeholders in order to resolve any 

remaining compliance issues associated 

with the processing and routing of 

interconnected VoIP-originated 711 

emergency calls. 

Ordering Clauses 

Pursuant to Sections 1, 2, and 225 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, and 225, 

and Sections 0.141, 0.361, and 1.3 of the 

Commission’s rules, 47 CFR 0.141, 

0.316 and 1.3, document DA 09–1461 is 

adopted. 

Section 64.604(a)(4) of the 

Commission’s rules, 47 CFR 

64.604(a)(4), to the extent that it 

requires traditional TRS providers to 

implement a system to automatically 

and immediately call an appropriate 

PSAP when receiving an emergency 

711-dialed call via an interconnected 

VoIP service, is waived until June 29, 

2010. 

Federal Communications Commission. 

Suzanne M. Tetreault, 

Acting Chief, Consumer and Governmental 

Affairs Bureau. 

[FR Doc. E9–18008 Filed 7–28–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201, 207, 215, and 237 

RIN 0750–AG28 

Defense Federal Acquisition 

Regulation Supplement; Peer Reviews 

of Contracts (DFARS Case 2008–D035) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to address requirements for 

Peer Reviews of DoD solicitations and 

contracts. Such reviews will promote 

quality and consistency in DoD 

contracting. 

DATES: Effective Date: July 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cassandra Freeman, Defense 

Acquisition Regulations System, OUSD 

(AT&L) DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 


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