[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Rules and Regulations]
[Pages 47152-47153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23529]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR PART 64
[CC Docket 90-571; DA 97-1800]
Telecommunications Relay Services, and the Americans With
Disabilities Act of 1990
AGENCY: Federal Communications Commission.
ACTION: Suspension of final rule; Order.
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SUMMARY: Notice is hereby given that in an Order on Telecommunications
Relay Services (``TRS'') and the Americans with Disabilities Act of
1990 (``Order''), CC Docket No. 90-571, adopted on August 20, 1997 and
released on August 21, 1997, the Common Carrier Bureau (``Bureau'')
suspended enforcement of the requirement that the TRS be capable of
handling coin sent-paid calls for one additional year until August 26,
1998. Because the existing technology to provide coin sent-paid calls
through the TRS centers has serious deficiencies and no technological
solution appears imminent, the Bureau recommended that the Commission
conduct a rulemaking during the one year suspension to gather
information sufficient to ensure that the Commission's final decision
on whether the TRS must be capable of handling coin sent-paid calls is
based on a complete and fresh record. During the suspension period, the
Bureau directed carriers to continue to make payphones accessible to
TRS users under the ``Alternative Plan.'' The Alternative Plan has
enabled TRS users to make relay calls from payphones using alternative
payment methods since 1995 and has educated TRS users about their
abilities to make such calls. In addition, because parties disagree
over the effectiveness of the Alternative Plan, the Bureau directed
carriers to comply with several additional consumer education
requirements designed to improve TRS users' awareness of their ability
to make relay calls from payphones.
EFFECTIVE DATES: Section 64.604(a)(3) is suspended effective September
8, 1997 through August 26, 1998. The collections of information for
this order will become effective no sooner than October 8, 1997 upon
approval of OMB.
[[Page 47153]]
The Commission will publish a document at a later date announcing this
effective date.
FOR FURTHER INFORMATION CONTACT: Helene Schrier Nankin, 202-418-1466,
Network Services Division, Common Carrier Bureau.
SUPPLEMENTARY INFORMATION: Under Sec. 64.604 of the Commission's rules,
the TRS must be capable of handling any type of telephone call normally
provided by common carriers. The Commission has interpreted this rule
to include coin sent-paid calls. The coin sent-paid rule was initially
to become effective on July 26, 1993. 47 U.S.C. 225(c) (1996). The
Bureau has suspended enforcement of the requirement that common
carriers provide coin sent-paid calls through the TRS centers since
1993 based on common carriers' representations that it has been
technically infeasible to provide the coin sent-paid service through
the TRS centers (``coin sent-paid rule''). Since 1995, carriers have
made payphones accessible to TRS users through an Alternative Plan
(``Alternative Plan''). The Alternative Plan enables TRS users to make
local relay calls for free and to make toll calls from payphones using
calling or prepaid cards at or below the coin call rates. The
Alternative Plan also requires carriers to educate TRS users about the
alternative payment methods that the TRS users can use to make relay
calls from payphones. The Bureau directed carriers to file two reports
on the effectiveness of the Alternative Plan, due 12 and 18 months
after the issuance of the Bureau's order adopting the Alternative Plan
(``12 Month Report'' and ``18 Month Report'' respectively). The Bureau
listed the two reports on public notice dated May 9, 1997 and received
nine comments on June 2, 1997. Commenters disagree on the effectiveness
of the Alternative Plan.
In the Order, the Bureau suspended the enforcement of the
requirement that the TRS be capable of handling coin sent-paid calls
for one year until August 26, 1998 because the only technological
solution that can provide the coin sent-paid calls through the TRS
centers, coin signalling interface (``CSI''), has serious deficiencies
and no new technological solution appears imminent. In the Order, the
Bureau recommends that during the one year suspension, the Commission
conduct a rulemaking on coin sent-paid issues to gather information
sufficient to ensure that the Commission's final decision on whether
the TRS must be capable of handling coin sent-paid calls is based on a
complete and fresh record.
In addition, the Bureau directed carriers to continue to make
payphones accessible to TRS users under the terms of the Alternative
Plan as set forth in the 1995 Suspension Order, 60 FR 58626 (Nov. 28,
1995), and as modified by the Order. The Bureau required carriers: (1)
to send a consumer education letter to TRS centers; (2) to inform
organizations representing the hearing and speech disability community
before attending their regional and national meetings who will be
present at the meeting, where the industry's booth will be located, and
at what times the booth will be in operation; and (3) to publish an
article in Consumer Action Network (``CAN's'') respective
organizations'' magazines or newsletters. The Bureau also directed
carriers to work jointly with the organizations representing the
individuals with hearing and speech disabilities to draft a report
about the feasibility of executing the other proposals contained in the
18 Month Report, to be submitted to the Commission within two months of
the publication of a summary of the Order in the Federal Register. In
particular, the Bureau directed carriers to consult with
representatives from organizations that represent the hearing and
speech disability community to determine if it would be useful and
possible to educate TRS users about the Alternative Plan by: (1)
Sending a letter directly to all CAN's members; and (2) creating
laminated cards with visual characters that will provide a pictorial
explanation to accompany the text describing access to TRS centers from
payphones and which can be distributed to TRS users. If carriers found
that these actions are feasible, the Bureau directed carriers to take
these actions.
The full text of the Order 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, phone 202/857-3800.
List of Subjects in 47 CFR Part 64
Communications common carriers, Handicapped, Individuals with
hearing and speech disabilities, Telecommunications relay services.
For the reasons set forth in the preamble, Sec. 64.604(a)(3) is
suspended from September 8, 1997 through August 26, 1998.
Federal Communications Commission.
Kent Nilsson,
Deputy Division Chief, Network Services Division, Common Carrier
Bureau.
[FR Doc. 97-23529 Filed 9-5-97 8:45 am]
BILLING CODE 6712-01-P
