[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Proposed Rules]
[Pages 32798-32801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15719]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CC Docket No. 98-67; FCC 98-90]
Telecommunications Relay Services and Speech-to-Speech Services
for Individuals With Hearing and Speech Disabilities
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: On May 14, 1998, the Commission adopted a Notice of Proposed
Rulemaking (NPRM) regarding telecommunications relay services (TRS) and
speech-to-speech (STS) relay services, for persons with hearing and
speech disabilities. We believe that our proposed rule amendments will
enhance the quality of TRS, and broaden the potential universe of TRS
users. The proposals set forth in the NPRM are intended to further
promote access to telecommunications for the millions of persons with
disabilities who might otherwise be foreclosed from participation in
our increasingly telecommunications and information-oriented society.
Rules proposed in the NPRM would require that, within two years of the
publication in the Federal Register of a Report and Order in this
proceeding, common carriers providing voice transmission service must
ensure that nationwide STS relay services are available to users with
speech disabilities throughout their service area. Rules proposed in
the NPRM also would amend the Commission's current mandatory minimum
standards for TRS service to improve the effectiveness of these rules
and their application to TRS service.
DATES: Written comments are due on or before July 20, 1998. Reply
comments are due on or before September 14, 1998. Written comments by
the public on the proposed information collections are due July 20,
1998.
ADDRESSES: Office of the Secretary, Room 222, Federal Communications
Commission, 1919 M Street, NW, Washington, DC 20554. In addition to
filing comments with the Secretary, a copy of any comments on the
information collections contained herein should be submitted to Judy
Boley, Federal Communications Commission, Room 234, 1919 M Street,
N.W., Washington, DC 20554, or via the Internet to jboley@fcc.gov, and
to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725--17th Street, N.W.,
Washington, DC 20503 or via the Internet to fain__t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Kris Monteith, 202/418-1098 (Voice),
202/418-0484 (TTY), 202/418-2345 (FAX), kmonteit@fcc.gov, Network
Services Division, Common Carrier Bureau. For additional information
concerning the information collections contained in this NPRM contact
Judy Boley at 202-418-0214, or via the Internet at jboley@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM) in the matter of Telecommunications Relay
Services and Speech-to-Speech Services for Individuals with Hearing and
Speech Disabilities, (CC Docket No. 98-67, adopted May 14, 1998, and
released May 20, 1998). The full text of the NPRM 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, 202/
857-3800. Written comments must be submitted by the Office of
Management and Budget (OMB) on the proposed information collections on
or before August 17, 1998.
Paperwork Reduction Act of 1995
This NPRM contains proposed information collection. The Commission,
as part of its continuing effort to reduce paperwork burdens, invites
the general public and the Office of Management and Budget (OMB) to
comment on the information collections contained in this NPRM, as
required by the Paperwork Reduction Act of 1995, Public Law No. 104-13.
Public and agency comments are due at the same time as other comments
on this NPRM; OMB comments are August 17, 1998.
[[Page 32799]]
Comments should address: (a) whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection.
OMB Approval Number: 3060-0463.
Title: Telecommunications Relay Services and Speech-to-Speech
Services for Individuals with Hearing and Speech Disabilities--CC
Docket No. 98-67.
Form No.: N/A.
Type of Review: Revision.
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Estimated
Number of time per Total
Proposed information collection respondents response annual
(hours) burden
------------------------------------------------------------------------
Proposed 64.604(b)(2)............ 31 *1 11,315
Proposed 64.605(b)(2)............ 52 1 52
Proposed 64.605(f)............... 52 40 2,080
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* Based on 365 hours per respondent per year.
Total Annual Burden: 13,447 hours (proposed collections only)
Respondents: Business or other for-profit.
Estimated Costs per Respondent: $0.
Needs and Uses: The information collections proposed in this NPRM
are needed to ensure compliance with the Commission's mandatory minimum
standards for telecommunications relay services and will address
concerns from TRS users that state TRS programs are not providing
sufficient information to consumers on their complaint and grievance
options.
Synopsis of Notice of Proposed Rulemaking
1. The NPRM is based upon the record developed in
Telecommunications Relay Services, the Americans with Disabilities Act
of 1990, and the Telecommunications Act of 1996, Notice of Inquiry, CC
Docket No. 90-571, 12 FCC Rcd 1152 (1997). The NPRM tentatively
concludes that two forms of improved relay services, Video Relay
Interpreting (VRI) and speech-to-speech relay service (STS), are
``telecommunications relay services'' (TRS) within the meaning of Title
IV of the ADA (47 U.S.C. 225) and that the definition of ``TRS'' should
be expanded to encompass these services. VRI allows persons with
hearing disabilities to access the telephone network through the use of
sign language interpreters and desktop personal computer video
conferencing software. STS uses specially trained ``communications
assistants'' (CAs) that serve as call facilitators for persons with
speech disabilities. The tentative conclusion that these services fall
within the scope of ``TRS'' under Title IV of the ADA will allow TRS
providers to recover the costs of these improved TRS services from the
intrastate jurisdiction or from the interstate TRS Fund, as
appropriate.
2. The NPRM proposes that STS become a mandatory TRS feature two
(2) years after the effective date of final rules in this proceeding.
STS services provide access to the telephone network for people with
severe speech disabilities, a population that is still largely excluded
from the telephone network and that is not served by traditional TTY-
based TRS. The NPRM, however, does not propose to require that VRI
services become mandatory at this time, because of the high costs of
the service, an inadequate supply of qualified interpreters to provide
the service on a nationwide basis, and the need for further technical
development of the service. Allowing TRS providers to recover the costs
of voluntarily provided VRI service, however, will provide incentives
for TRS providers to continue to develop and test this service.
3. The NPRM does not propose to require multilingual relay services
(MRS) at this time, as some commenters suggested, although MRS is a
covered TRS under Title IV of the ADA. Because language needs and
population demographics vary widely from state to state, the NPRM
tentatively concludes that the decision whether or not to mandate MRS
should remain with the state TRS program administrators.
4. The NPRM also seeks comment on issues concerning access to
emergency services through TRS, because a number of commenters assert
that there are inconsistencies among the states as to how these
``critical'' TRS calls are handled. Finally, the NPRM does not propose
to require access to enhanced services through TRS, in light of
Congressional language stating that Title IV was not intended to
provide access to enhanced services. The NPRM proposes, however, to
encourage the voluntary provision of access to enhanced services by,
for example, allowing CAs to alert the TRS user to the presence of
recorded messages that cannot be relayed in a verbatim, effective
manner, and giving the TRS user the option of having the CA summarize
the message or listen for specific information.
5. The NPRM proposes a number of rule changes and clarifications
intended to improve the ``functional equivalency'' of TRS service.
First, the NPRM proposes to amend the rule requiring that 85% of all
TRS calls be answered in 10 seconds or less (47 CFR 64.604(b)(2)) to
require that: (1) calls be ``answered'' by a CA prepared to place the
TRS call, and not answered by an auto-answer system and placed on hold;
(2) the 85-10 calculation be performed on at least a daily basis; and
(3) the 10-second time period begin to run when the TRS call reaches
the TRS provider's network. Second, the NPRM proposes to require that a
CA answering and placing a TRS call stay with that call for at least
ten (10) minutes before an in-call transfer can take place. This
proposal should minimize the frequency of TRS call disruptions that
currently occur when CAs change shifts in the middle of ongoing TRS
calls. Finally, the NPRM does not propose to require a minimum typing
speed for CAs or other such CA standards at this time, because of
concern that such a regulation could shrink the labor pool of potential
CAs, a labor pool already subject to high turnover and attrition rates.
6. Consistent with the overall policy goal of the
Telecommunications Act of 1996 to introduce competition into
telecommunications markets, the NPRM seeks comment on several
competitive issues surrounding TRS. First, the NPRM seeks comment on
the issue of ``multivendoring,'' the practice of allowing several TRS
vendors to compete directly for consumers in a state for their
intrastate TRS calling needs (the vast majority of states currently
rely on a single-provider TRS mechanism, where one provider obtains
exclusive rights to deliver intrastate TRS
[[Page 32800]]
service for a period of time). The NPRM seeks comment on jurisdictional
and cost-recovery issues regarding multivendoring. Second, the NPRM
seeks comment on the use of TRS caller profile data collected by TRS
providers. Specifically, the NPRM seeks to identify whether this data
is the property of, and transferable to the state TRS program, or
whether it is proprietary to the TRS provider, who does not have to
surrender this data to its competitors in the event it no longer is the
incumbent TRS provider for that state.
7. To increase the effectiveness of the Commission's certification
process, the NPRM proposes that certified state programs shall be
required to notify the Commission of substantive changes to their state
TRS program within sixty (60) days of the effective date of the change,
and to file documentation demonstrating that the state TRS program
remains in compliance with the Commission's mandatory minimum
standards. This proposal is intended to remedy a gap in current
Commission rules where, once a five-year certification is obtained from
the Commission, certified state TRS programs are not required to update
their certification file regardless of whether or not substantive
changes occur in their programs during the five-year certification
period. Also, the NPRM proposes to amend the Commission's certification
rules to require that, as a condition of certification, a state TRS
program must demonstrate that its program makes available to TRS users
informational materials on state and Commission complaint procedures.
This proposal would address a concern from TRS users that state
programs are not providing sufficient information to consumers on their
complaint and grievance options. Finally, the NPRM seeks comment on
whether the Commission should adopt specific guidelines that can be
used to assess whether a state TRS program provides ``adequate
procedures and remedies for enforcing the requirements of the state
program,'' pursuant to 47 U.S.C. 225(f)(2)(B).
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), 5 U.S.C. 603,
the Commission has prepared this present Initial Regulatory Flexibility
Analysis (IRFA) of the possible significant economic impact on small
entities by the policies and rules proposed in the NPRM. Written public
comments are requested on this IRFA. Comments must be identified as
responses to the IRFA and must be filed by the deadlines for comments
on the NPRM. The Commission will send a copy of the NPRM, including
this IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration. See 5 U.S.C. 603(a).
A. Need for, and Objectives of, the Proposed Rules
The NPRM is based upon the record developed in Telecommunications
Relay Services, the Americans with Disabilities Act of 1990, and the
Telecommunications Act of 1996, Notice of Inquiry, CC Docket No. 90-
571, 12 FCC Rcd 1152 (1997). The goal of this proceeding is to consider
ways in which TRS can be improved, both to better serve current TRS
users and to ensure that TRS serves the broadest possible population of
persons with hearing and speech disabilities, consistent with Congress'
direction at 47 U.S.C. 225(d)(2) to the Commission to ensure that its
regulations encourage the use of existing technology and do not
discourage or impair the development of improved technology.
Specifically, the NPRM proposes to require nationwide speech-to-speech
(STS) service for persons with severe speech disabilities as a
mandatory TRS feature within two years of publication of final rules in
this proceeding, and requests comment on this proposal. The NPRM also
proposes a number of rule amendments based upon the comments submitted
by parties in the Notice of Inquiry, and seeks comment on those
proposals. The overall intent of these proposed rules is to improve the
effectiveness of TRS service and the Commission's oversight of TRS, and
to clear up ambiguities surrounding several of the Commission's current
TRS rules.
B. Legal Basis
Authority for actions proposed in this Notice may be found in:
Sections 1, 4(i) and (j), 201-205, 218 and 225 of the Communications
Act of 1934, as amended, 47 U.S.C. sections 151, 154(i), 151(j), 201-
205, 218 and 225.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
governmental jurisdiction.'' 5 U.S.C. 601(6). In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act. 5 U.S.C. 601(3) (incorporating
by reference the definition of ``small business concern'' in 15 U.S.C.
632). Pursuant to the RFA, the statutory definition of a small business
applies ``unless an agency, after consultation with the Office of
Advocacy of the Small Business Administration and after opportunity for
public comment, establishes one or more definitions of such term which
are appropriate to the activities of the agency and publishes such
definition(s) in the Federal Register.'' Id. A small business concern
is one which: (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). Small
Business Act, 15 U.S.C. 632 (1996).
TRS Providers. Neither the Commission nor the SBA has developed a
definition of small entity specifically applicable to providers of
telecommunications relay services (TRS). The closest applicable
definition under the SBA rules is for telephone communications
companies other than radiotelephone (wireless) companies. Id. The SBA
defines such establishments to be small businesses when they have no
more than 1,500 employees. 13 CFR 121.201, Standard Industrial
Classification (SIC) code 4813. According to our most recent data,
there are 12 interstate TRS providers, and these consist of
interexchange carriers, local exchange carriers, and state-managed
entities. We do not have data specifying the number of these providers
that are either dominant in their field of operations, are not
independently owned and operated, or have more than 1,500 employees,
and we are thus unable at this time to estimate with greater precision
the number of TRS providers that would qualify as small business
concerns under the SBA's definition. We note, however, that these
providers include large interexchange carriers and incumbent local
exchange carriers. Consequently, we estimate that there are fewer than
12 small TRS providers that may be affected by the proposed rules, if
adopted. We seek comment generally on our analysis identifying TRS
providers, and specifically on whether we should conclude, for
Regulatory Flexibility Act purposes, that any TRS providers are small
entities.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
This NPRM proposes the following information collection: that
states be
[[Page 32801]]
required to notify the Commission of substantive changes in their state
TRS program within 60 days of the effective date of the change and to
file documentation demonstrating that the state TRS program remains in
compliance with the Commission's mandatory minimum standards. The
information collection generally would be performed by a state official
familiar with the state's telecommunications relay program; it would
have no impact on large or small entities. The Commission estimates
that the costs of compliance with this information collection will be
minimal.
E. Significant Alternatives Minimizing Impact on Small Entities and
Consistent With Stated Objectives
The proposals in the NPRM, and the comments the Commission seeks
regarding them, are part of the Commission's analysis of its role with
respect to the implementation and operation of nationwide TRS for
persons with hearing and speech disabilities. The guiding principal
shaping these proposals is Congress' direction to the Commission to
ensure that TRS keeps pace with advancing technology and that the
Commission's rules do not discourage the implementation of
technological advances or improvements. The majority of TRS service is
provided by large interexchange carriers and incumbent local exchange
carriers, and we believe that the number of small entities impacted by
these proposals would be potentially very small. With respect to
proposed amendments to the Commission's rules governing TRS, by
statute, common carriers providing voice transmission services who are
subject to the TRS rules, including small entities, may comply with
their obligations individually, through designees, through a
competitively selected vendor, or in concert with other carriers. 47
U.S.C. 225(c). For this reason, the Commission expects that the
proposed rule amendments will have a minimal impact on small entities.
Moreover, the NPRM does not propose any reporting requirements
applicable to small entities. We tentatively conclude that our
proposals in the NPRM would impose minimum burdens on small entities.
We encourage comment on this tentative conclusion.
F. Federal Rules That Duplicate, Overlap, or Conflict With Proposed
Rules
None.
List of Subjects in 47 CFR Part 64
Communications common carriers, disabilities, telephone,
telecommunications relay service.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-15719 Filed 6-15-98; 8:45 am]
BILLING CODE 6712-01-P
