Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities, 36690-36693 [06-5845]
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36690
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers, and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
the Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: June 16, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
VIII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.443 is amended by
alphabetically adding commodities to
the table in paragraph (b) to read as
follows:
I
§ 180.443 Myclobutanil; tolerances for
residues.
*
*
*
(b) * * *
Commodity
*
*
*
*
[FR Doc. E6–10093 Filed 6–27–06; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 03–123; FCC 06–81]
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities
Federal Communications
Commission.
ACTION: Clarification.
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AGENCY:
SUMMARY: In this document, the
Commission addresses two issues
concerning the provision of Video Relay
Service (VRS) in a final rule document,
69 FR 53346, Sept. 1, 2004, a form of
telecommunications relay services
(TRS). The Commission clarifies that if
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the calling party or the VRS
communications assistant (CA) find that
they are not communicating effectively
given the nature of the call, the 10
minute in-call replacement rule does
not apply and the VRS provider may
have another CA handle the call. Also
in the document, the Commission
clarifies that the VRS CA may ask the
VRS user questions during call set-up
when necessary to assist the CA in
properly handling the call.
DATES: Effective July 28, 2006.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington DC 20554.
FOR FURTHER INFORMATION CONTACT:
Thomas Chandler, Consumer &
Governmental Affairs Bureau, Disability
Rights Office at (202) 418–1475 (voice),
(202) 418–0597 (TTY), or e-mail at
Thomas.Chandler@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document does not contain new or
modified information collection
requirements subject to the PRA of
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1.0
1.0
Expiration/revocation date
6/30/09
6/30/09
1995, Public Law 104–13. In addition, it
does not contain any new or modified
‘‘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). This is a summary of the
Commission’s document FCC 06–81,
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, Order, CG Docket No. 03–
123, adopted June 12, 2006, released
June 16, 2006, addressing issues raised
in Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities, Report and Order, Order on
Reconsideration, CC Docket Nos. 90–
571 and 98–67, CG Docket No. 03–123,
published at 69 FR 53346, September 1,
2004.
The full text of document FCC 06–81
and copies of any subsequently filed
documents in this matter will be
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
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.
Document FCC 06–81 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 https://www.bcpiweb.com or
by calling 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 &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY). Document FCC 06–81 can also be
downloaded in Word or Portable
Document Format (PDF) at: https://
www.fcc.gov/cgb/dro.
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Synopsis
Background
The TRS rules, see 47 CFR 64.604 of
the Commission’s rules (the TRS
‘‘mandatory minimum standards’’),
require that CAs stay with a call at least
10 minutes before transferring the call to
another CA. 47 CFR 64.604(a)(1)(v) of
the Commission’s rules. This rule was
adopted in the March 2000 Improved
TRS Order. See Telecommunications
Relay Services and Speech-to-Speech
Services for Individuals with Hearing
and Speech Disabilities, FCC 00–56, CC
Docket 98–67, 15 FCC Rcd 5140, at
5168–5169, paragraphs 67–69 (March 6,
2000) (Improved TRS Order); published
at 65 FR 38432, June 21, 2000 and 65
FR 38490, June 21, 2000. The 10-minute
period begins when the calling party
reaches the CA and they begin
communicating. This rule is intended to
reduce disruptions caused by in-call
transfers and make the call more
functionally equivalent to voice
telephone calls. Improved TRS Order,
15 FCC Rcd at 5169, paragraph 68; see
also Telecommunications Relay
Services and Speech-to-Speech Services
for Individuals with Hearing and Speech
Disabilities, FCC 98–90, CC Docket No.
98–67, Notice of Proposed Rulemaking,
13 FCC Rcd 14187, 14211, at paragraph
61 (May 20, 1998); published at 63 FR
32798, June 16, 1998 (raising the 10minute in-call replacement rule in
NPRM). Its application to VRS,
however, has raised concerns.
Specifically, in the 2004 TRS Report
and Order and FNPRM the Commission
noted that in some VRS calls ‘‘the caller
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using ASL and the VRS CA may not be
able to understand each other because,
e.g., each uses a different style of sign
language,’’ and therefore the call might
be more effectively handled by a
different CA. 2004 TRS Report and
Order and FNPRM, 19 FCC Rcd at
12569, paragraph 248. The Commission
therefore sought comment on whether
an exception to the 10-minute rule
should apply in this context. 2004 TRS
Report and Order and FNPRM, 19 FCC
Rcd at 12569, paragraph 248.
Previously, the Commission adopted a
different standard for Speech-to-Speech
(STS) because of concerns unique to
that service; in that case, it adopted a
longer period of time. See Improved
TRS Order, 15 FCC Rcd at 5170,
paragraph 70.
The Commission also sought
comment on whether VRS CAs should
be permitted to ask questions to the VRS
user during call set-up so that the VRS
CA can gain an understanding of the
nature of the call before the CA begins
relaying the call. 2004 TRS Report and
Order and FNPRM, 19 FCC Rcd at
12569, paragraph 249. The Commission
noted that because the role of the CA ‘‘is
to relay the call back and forth between
the parties as a transparent entity, CAs
generally may not ask questions to the
initiating party about the call.’’ 2004
TRS Report and Order and FNPRM, 19
FCC Rcd at 12569, paragraph 249. The
Commission further noted, however,
that ‘‘VRS [* * *] presents different
challenges for CAs who have to deal
with the complexities of sign language,
including the fact that one sign can
mean different things depending on the
context.’’ 2004 TRS Report and Order
and FNPRM, 19 FCC Rcd at 12569,
paragraph 249. The Commission also
sought comment on how, assuming VRS
CAs are allowed to ask questions, the
Commission could ensure that the VRS
CA does not interfere with the
independence of the VRS user should
the caller choose not to answer the
questions. 2004 TRS Report and Order
and FNPRM, 19 FCC Rcd at 12569,
paragraph 249.
In response to these two issues, five
comments, six reply comments, and one
ex parte letter were filed. Comments
were filed by the State of California and
the California Public Utilities
Commission (CA PUC) (October 18,
2004); Communication Services for the
Deaf, Inc, (CSD) (October 18, 2004);
Hands On Video Relay Services, Inc.
(Hands On) (October 15, 2004);
Sorenson Media, Inc. (Sorenson)
(October 18, 2004); and Sprint
Corporation (Sprint) (October 18, 2004).
Reply comments were filed by CSD
(November 15, 2004); and five
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36691
individuals, Nancy Bender (October 20,
2004); Kathryn Bennett (October 20,
2004); Diana O’Toole (October 20,
2004); J. Powell (October 20, 2004); and
Jennifer Sweeney (October 20, 2004).
CSD also filed an ex parte letter
addressed to Jay Keithley and Thomas
Chandler of Consumer and
Governmental Affairs (September 14,
2005). All commenters generally
support allowing the replacement of the
VRS CA if necessary to ensure effective
communication. See, e.g., CA PUC
Comments at 17; CSD Comments at 32;
Hands On Comments at 26; Sorenson
Comments at 18; Sprint Comments at
12; CSD Reply Comments at 7; Nancy
Bender; Kathryn Bennett; Diana
O’Toole; J. Powell; and Jennifer
Sweeney.
Commenters also generally support
permitting the VRS CAs to ask questions
to the VRS user during call set-up in
order to ensure that the CA can
effectively relay the conversation. CA
PUC Comments at 17; CSD Comments at
33; Sorenson Comments at 18; Sprint
Comments at 12; Kathryn Bennett;
Diana O’Toole; J. Powell; and Jennifer
Sweeney.
Discussion
The 10-Minute In-Call Replacement
Rule
The Commission clarifies that if the
party using sign language or the VRS CA
find that they are not communicating
effectively given the nature of the call,
the VRS provider may have another CA
handle the call without violating the 10minute in-call replacement rule. The
purpose of the rule is to prevent
disruptions to a call and make the call
more functionally equivalent to a voice
telephone call. In this regard, the rule is
principally intended for the benefit of
the TRS user. At the same time, there
may be VRS calls during which the
party using sign language, the CA, or
both, find that they are unable to
communicate effectively because of
regional dialect differences, lack of
knowledge about a particular subject
matter (e.g., a technical or complex
subject matter), or other reason. In these
circumstances, when effective
communication is not occurring, the
Commission concludes that the 10minute in-call replacement rule is not
violated if the VRS provider has another
CA take over the call. The Commission
emphasizes that this exception to the
10-minute rule does not permit VRS
providers and CAs to switch CAs within
the 10-minute time period for other
reasons unrelated to the ability to
effectively communicate in sign
language. For example, the VRS
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
provider may not switch CAs within the
10-minute time period simply because
the CA might prefer not to handle a call
with a particular subject matter or a call
made by a particular consumer.
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VRS CAs Asking Questions
The Commission clarifies that,
consistent with the TRS rules, the VRS
CA may ask a VRS caller questions
during call set-up when necessary to
ensure that the CA can effectively
handle the call. The Commission
recognizes that in some circumstances
the complexity of sign language may
make it difficult for the CA to effectively
relay the call if the CA does not
understand the subject matter or context
of the call. For example, the sign for
‘‘Congress,’’ Commission,’’
‘‘committee,’’ and ‘‘council’’ is the
same, and therefore the context of the
conversation dictates which of these
words would be voiced by the CA. In
addition, the Commission understands
that it is universal practice in the
interpreting profession to ask customers
questions prior to an assignment in
order to better facilitate effective
communication. See https://
www.deaflinx.com/useterp.html,
‘‘Working with an ASL-English
Interpreter.’’ See also https://
www.rid.org/125.pdf, ‘‘RID Standard
Practice Paper on Interpreting in legal
settings.’’ As the Commission has noted,
one sign can have different meanings
depending on the context. 2004 TRS
Report and Order and FNPRM, 19 FCC
Rcd at 12569, paragraph 249; see also
note 31. Further, no commenters oppose
allowing the VRS CA to ask questions
during the call set-up. For these reasons,
the Commission finds that VRS CAs
may ask questions to the calling party
during call set-up when necessary to
ensure effective communication
between the VRS CA and the VRS user.
At the same time, the Commission adds
that if the VRS user declines to answer
the questions, the CA must proceed
with the call. See 47 CFR 64.604(a)(3)(i)
of the Commission’s rules (prohibiting a
TRS provider from refusing any calls).
Final Regulatory Flexibility
Certification
The Regulatory Flexibility Act of
1980, as amended (RFA) requires that a
regulatory flexibility analysis be
prepared for rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not have a significant economic
impact on a substantial number of small
entities.’’ The RFA, see 5 U.S.C. 601–
612, has been amended by the Contract
with America Advancement Act of
1996, Public Law Number 104–121, 110
Statute 847 (1996) (CWAAA). Title II of
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the CWAAA is the Small Business
Regulatory Enforcement Act of 1996
(SBREFA). The RFA generally defines
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ 5 U.S.C.
605(b). 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 the Small Business Act, 5 U.S.C. 632).
Pursuant to 5 U.S.C. 601(3), 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.’’ 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). 15 U.S.C. 632.
This Order addresses two issues
raised in the FNPRM in the 2004 TRS
Report and Order and FNPRM: (1)
Whether an exception should be made
to the 10-minute in-call replacement
rule for VRS if the calling party using
ASL and the VRS CA find that they are
not communicating effectively given the
nature of the call, permitting the VRS
provider to have a new CA handle the
call; and (2) whether a VRS CA should
be permitted to ask the VRS user
questions during call set-up when
necessary to assist the CA in properly
handling the call. Given the complexity
of sign language, the Commission
concludes that the public interest is best
served by permitting a VRS provider to
have another CA handle the call if a CA
cannot effectively communicate with
the calling party, and by permitting a
VRS CA to ask questions to the calling
party during call set-up when necessary
to gain an understanding of the nature
of the call to ensure effective
communication. Because this Order
addresses only how VRS CAs may
handle VRS calls in particular
circumstances, the Commission certifies
that the requirements of the Order will
not have a significant economic impact
on a substantial number of small
entities.
The Commission also notes that,
arguably, there are not a substantial
number of small entities that will be
affected by our action. The SBA has
developed a small business size
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standard for Wired Telecommunications
Carriers, which consists of all such
firms having 1,500 or fewer employees.
13 CFR 121.201, NAICS code 517110.
According to Census Bureau data for
1997, there were 2,225 firms in this
category which operated for the entire
year. U.S. Census Bureau, 1997
Economic Census, Subject Series:
Information, ‘‘Establishment and Firm
Size (Including Legal Form of
Organization),’’ Table 5, NAICS code
513310 (issued Oct. 2000). Of this total,
2,201 firms had employment of 999 or
fewer employees, and an additional 24
firms had employment of 1,000
employees or more. Thus, under this
size standard, the majority of firms can
be considered small. (The census data
do not provide a more precise estimate
of the number of firms that have
employment of 1,500 or fewer
employees; the largest category
provided is ‘‘Firms with 1,000
employees or more’’). Currently, only
eight providers are providing VRS and
being compensated from the Interstate
TRS Fund: AT&T Corp.;
Communication Access Center for the
Deaf and Hard of Hearing, Inc.;
Hamilton Relay, Inc.; Hands On; MCI;
Nordia Inc.; Sorenson; and Sprint. The
Commission notes that two of the
providers noted above are small entities
under the SBA’s small business size
standard. In addition, the Interstate TRS
Fund Administrator is the only entity
that compensates eligible providers of
VRS. Under these circumstances, the
Commission concludes that the number
of small entities affected by its decision
in this Order is not substantial. The
Commission will send a copy of this
Order, including a copy of this
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
SBA. 5 U.S.C. 605(b).
Congressional Review Act
The Commission will not send a copy
of the Order 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 to the authority contained in
Sections 1, 2, and 225 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, and 225,
the Order is hereby adopted.
The Order shall be effective July 28,
2006.
The Commission will send a copy of
the Order, including a copy of this
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
SBA.
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 06–5845 Filed 6–27–06; 8:45 am]
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
BILLING CODE 6712–01–P
List of Subjects in 47 CFR Part 73
FEDERAL COMMUNICATIONS
COMMISSION
I
Radio, Radio broadcasting.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
47 CFR Part 73
[DA 06–1228; MB Docket No. 04–361; RM–
11074]
Radio Broadcasting Services; Portales
and Roswell, NM
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303, 334, 336.
Federal Communications
Commission.
ACTION: Final rule.
mstockstill on PROD1PC61 with RULES
AGENCY:
§ 73.202
SUMMARY: At the request of Dana J.
Puopolo this document allots Channel
237C0 at Roswell, New Mexico, as the
community’s thirteenth local
transmission service, and at the request
of Rooney Moon Broadcasting, Inc.,
grants the application File No. BPH–
20040426AAJ, substituting Channel
290C1 for Channel 237A at Portales,
New Mexico. Channel 237C0 is allotted
at Roswell at a site 29.1 kilometers (18.1
miles) northwest of the community at
coordinates 33–31–30 NL and 104–47–
56 WL. Channel 290C1 is allotted at
Portales at a site 5.5 kilometers (3.4
miles) east of the community at
coordinates 34–11–34 NL and 103–16–
44 WL.
DATES: Effective July 24, 2006.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th
Street, S.W., Room TW–A325,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Victoria M. McCauley, Media Bureau,
(202) 418–2180.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, MB Docket No. 04–361,
adopted June 7, 2006, and released June
9, 2006. The Notice of Proposed Rule
Making, 69 FR 57897, September 28,
2004, was issued at the request of Dana
J. Puopolo. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the Commission’s
Reference Information Center, 445
Twelfth Street, SW., Washington, DC
20554. The complete text of this
decision may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street, SW., Room CY–B402,
Washington, DC, 20054, telephone 800–
378–3160 or https://www.BCPIWEB.com.
The Commission will send a copy of
this Report and Order in a report to be
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[Amended]
2. Section 73.202(b), the Table of FM
Allotments under New Mexico, is
amended by removing Channel 237A
and adding 290C1 at Portales, and
adding Channel 237C0 at Roswell.
I
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 06–5846 Filed 6–27–06; 8:45 am]
36693
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 05–304,
adopted June 7, 2006, and released June
9, 2006. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
The complete text of this decision also
may be purchased from the
Commission’s duplicating 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, https://
www.bcpiweb.com. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see U.S.C. 801(a)(1)(A).
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR Part 73 as follows:
I
BILLING CODE 6712–01–P
PART 73—RADIO BROADCAST
SERVICES
FEDERAL COMMUNICATIONS
COMMISSION
I
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
47 CFR Part 73
[DA 06–1229; MB Docket No. 05–304; RM–
11230]
Radio Broadcasting Services;
Garwood, TX
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: The Audio Division, at the
request of Charles Crawford, allots
Channel 247A at Garwood, Texas, as the
community’s first local FM service.
Channel 247A can be allotted to
Garwood, Texas, in compliance with the
Commission’s minimum distance
separation requirements with a site
restriction of 15.0 km (9.3 miles)
northwest of Garwood. The coordinates
for Channel 247A at Garwood, Texas,
are 29–33–29 North Latitude and 96–
29–12 West Longitude. The allotment is
subject to the final outcome of MM
Docket No. 00–148, in which proposals
conflicting with this allotment were
dismissed. See SUPPLEMENTARY
INFORMATION infra.
DATES: Effective July 24, 2006.
FOR FURTHER INFORMATION CONTACT:
Deborah Dupont, Media Bureau, (202)
418–7072.
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§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
adding Garwood, Channel 247A.
I
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 06–5850 Filed 6–27–06; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060223050–6162–02; I.D.
013006I]
RIN 0648–AT09
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AGENCY:
E:\FR\FM\28JNR1.SGM
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Agencies
[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Rules and Regulations]
[Pages 36690-36693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5845]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 03-123; FCC 06-81]
Telecommunications Relay Services and Speech-to-Speech Services
for Individuals With Hearing and Speech Disabilities
AGENCY: Federal Communications Commission.
ACTION: Clarification.
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SUMMARY: In this document, the Commission addresses two issues
concerning the provision of Video Relay Service (VRS) in a final rule
document, 69 FR 53346, Sept. 1, 2004, a form of telecommunications
relay services (TRS). The Commission clarifies that if the calling
party or the VRS communications assistant (CA) find that they are not
communicating effectively given the nature of the call, the 10 minute
in-call replacement rule does not apply and the VRS provider may have
another CA handle the call. Also in the document, the Commission
clarifies that the VRS CA may ask the VRS user questions during call
set-up when necessary to assist the CA in properly handling the call.
DATES: Effective July 28, 2006.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington DC 20554.
FOR FURTHER INFORMATION CONTACT: Thomas Chandler, Consumer &
Governmental Affairs Bureau, Disability Rights Office at (202) 418-1475
(voice), (202) 418-0597 (TTY), or e-mail at Thomas.Chandler@fcc.gov.
SUPPLEMENTARY INFORMATION: This document does not contain new or
modified information collection requirements subject to the PRA of
1995, Public Law 104-13. In addition, it does not contain any new or
modified ``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). This is a summary of the Commission's document FCC 06-81,
Telecommunications Relay Services and Speech-to-Speech Services for
Individuals with Hearing and Speech Disabilities, Order, CG Docket No.
03-123, adopted June 12, 2006, released June 16, 2006, addressing
issues raised in Telecommunications Relay Services and Speech-to-Speech
Services for Individuals with Hearing and Speech Disabilities, Report
and Order, Order on Reconsideration, CC Docket Nos. 90-571 and 98-67,
CG Docket No. 03-123,
[[Page 36691]]
published at 69 FR 53346, September 1, 2004.
The full text of document FCC 06-81 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. Document FCC 06-81 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 https://
www.bcpiweb.com or by calling 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 & Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Document FCC 06-81 can also be downloaded in Word or Portable Document
Format (PDF) at: https://www.fcc.gov/cgb/dro.
Synopsis
Background
The TRS rules, see 47 CFR 64.604 of the Commission's rules (the TRS
``mandatory minimum standards''), require that CAs stay with a call at
least 10 minutes before transferring the call to another CA. 47 CFR
64.604(a)(1)(v) of the Commission's rules. This rule was adopted in the
March 2000 Improved TRS Order. See Telecommunications Relay Services
and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities, FCC 00-56, CC Docket 98-67, 15 FCC Rcd 5140, at 5168-
5169, paragraphs 67-69 (March 6, 2000) (Improved TRS Order); published
at 65 FR 38432, June 21, 2000 and 65 FR 38490, June 21, 2000. The 10-
minute period begins when the calling party reaches the CA and they
begin communicating. This rule is intended to reduce disruptions caused
by in-call transfers and make the call more functionally equivalent to
voice telephone calls. Improved TRS Order, 15 FCC Rcd at 5169,
paragraph 68; see also Telecommunications Relay Services and Speech-to-
Speech Services for Individuals with Hearing and Speech Disabilities,
FCC 98-90, CC Docket No. 98-67, Notice of Proposed Rulemaking, 13 FCC
Rcd 14187, 14211, at paragraph 61 (May 20, 1998); published at 63 FR
32798, June 16, 1998 (raising the 10-minute in-call replacement rule in
NPRM). Its application to VRS, however, has raised concerns.
Specifically, in the 2004 TRS Report and Order and FNPRM the Commission
noted that in some VRS calls ``the caller using ASL and the VRS CA may
not be able to understand each other because, e.g., each uses a
different style of sign language,'' and therefore the call might be
more effectively handled by a different CA. 2004 TRS Report and Order
and FNPRM, 19 FCC Rcd at 12569, paragraph 248. The Commission therefore
sought comment on whether an exception to the 10-minute rule should
apply in this context. 2004 TRS Report and Order and FNPRM, 19 FCC Rcd
at 12569, paragraph 248. Previously, the Commission adopted a different
standard for Speech-to-Speech (STS) because of concerns unique to that
service; in that case, it adopted a longer period of time. See Improved
TRS Order, 15 FCC Rcd at 5170, paragraph 70.
The Commission also sought comment on whether VRS CAs should be
permitted to ask questions to the VRS user during call set-up so that
the VRS CA can gain an understanding of the nature of the call before
the CA begins relaying the call. 2004 TRS Report and Order and FNPRM,
19 FCC Rcd at 12569, paragraph 249. The Commission noted that because
the role of the CA ``is to relay the call back and forth between the
parties as a transparent entity, CAs generally may not ask questions to
the initiating party about the call.'' 2004 TRS Report and Order and
FNPRM, 19 FCC Rcd at 12569, paragraph 249. The Commission further
noted, however, that ``VRS [* * *] presents different challenges for
CAs who have to deal with the complexities of sign language, including
the fact that one sign can mean different things depending on the
context.'' 2004 TRS Report and Order and FNPRM, 19 FCC Rcd at 12569,
paragraph 249. The Commission also sought comment on how, assuming VRS
CAs are allowed to ask questions, the Commission could ensure that the
VRS CA does not interfere with the independence of the VRS user should
the caller choose not to answer the questions. 2004 TRS Report and
Order and FNPRM, 19 FCC Rcd at 12569, paragraph 249.
In response to these two issues, five comments, six reply comments,
and one ex parte letter were filed. Comments were filed by the State of
California and the California Public Utilities Commission (CA PUC)
(October 18, 2004); Communication Services for the Deaf, Inc, (CSD)
(October 18, 2004); Hands On Video Relay Services, Inc. (Hands On)
(October 15, 2004); Sorenson Media, Inc. (Sorenson) (October 18, 2004);
and Sprint Corporation (Sprint) (October 18, 2004). Reply comments were
filed by CSD (November 15, 2004); and five individuals, Nancy Bender
(October 20, 2004); Kathryn Bennett (October 20, 2004); Diana O'Toole
(October 20, 2004); J. Powell (October 20, 2004); and Jennifer Sweeney
(October 20, 2004). CSD also filed an ex parte letter addressed to Jay
Keithley and Thomas Chandler of Consumer and Governmental Affairs
(September 14, 2005). All commenters generally support allowing the
replacement of the VRS CA if necessary to ensure effective
communication. See, e.g., CA PUC Comments at 17; CSD Comments at 32;
Hands On Comments at 26; Sorenson Comments at 18; Sprint Comments at
12; CSD Reply Comments at 7; Nancy Bender; Kathryn Bennett; Diana
O'Toole; J. Powell; and Jennifer Sweeney.
Commenters also generally support permitting the VRS CAs to ask
questions to the VRS user during call set-up in order to ensure that
the CA can effectively relay the conversation. CA PUC Comments at 17;
CSD Comments at 33; Sorenson Comments at 18; Sprint Comments at 12;
Kathryn Bennett; Diana O'Toole; J. Powell; and Jennifer Sweeney.
Discussion
The 10-Minute In-Call Replacement Rule
The Commission clarifies that if the party using sign language or
the VRS CA find that they are not communicating effectively given the
nature of the call, the VRS provider may have another CA handle the
call without violating the 10-minute in-call replacement rule. The
purpose of the rule is to prevent disruptions to a call and make the
call more functionally equivalent to a voice telephone call. In this
regard, the rule is principally intended for the benefit of the TRS
user. At the same time, there may be VRS calls during which the party
using sign language, the CA, or both, find that they are unable to
communicate effectively because of regional dialect differences, lack
of knowledge about a particular subject matter (e.g., a technical or
complex subject matter), or other reason. In these circumstances, when
effective communication is not occurring, the Commission concludes that
the 10-minute in-call replacement rule is not violated if the VRS
provider has another CA take over the call. The Commission emphasizes
that this exception to the 10-minute rule does not permit VRS
[[Page 36692]]
providers and CAs to switch CAs within the 10-minute time period for
other reasons unrelated to the ability to effectively communicate in
sign language. For example, the VRS provider may not switch CAs within
the 10-minute time period simply because the CA might prefer not to
handle a call with a particular subject matter or a call made by a
particular consumer.
VRS CAs Asking Questions
The Commission clarifies that, consistent with the TRS rules, the
VRS CA may ask a VRS caller questions during call set-up when necessary
to ensure that the CA can effectively handle the call. The Commission
recognizes that in some circumstances the complexity of sign language
may make it difficult for the CA to effectively relay the call if the
CA does not understand the subject matter or context of the call. For
example, the sign for ``Congress,'' Commission,'' ``committee,'' and
``council'' is the same, and therefore the context of the conversation
dictates which of these words would be voiced by the CA. In addition,
the Commission understands that it is universal practice in the
interpreting profession to ask customers questions prior to an
assignment in order to better facilitate effective communication. See
https://www.deaflinx.com/useterp.html, ``Working with an ASL-English
Interpreter.'' See also https://www.rid.org/125.pdf, ``RID Standard
Practice Paper on Interpreting in legal settings.'' As the Commission
has noted, one sign can have different meanings depending on the
context. 2004 TRS Report and Order and FNPRM, 19 FCC Rcd at 12569,
paragraph 249; see also note 31. Further, no commenters oppose allowing
the VRS CA to ask questions during the call set-up. For these reasons,
the Commission finds that VRS CAs may ask questions to the calling
party during call set-up when necessary to ensure effective
communication between the VRS CA and the VRS user. At the same time,
the Commission adds that if the VRS user declines to answer the
questions, the CA must proceed with the call. See 47 CFR
64.604(a)(3)(i) of the Commission's rules (prohibiting a TRS provider
from refusing any calls).
Final Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980, as amended (RFA) requires
that a regulatory flexibility analysis be prepared for rulemaking
proceedings, unless the agency certifies that ``the rule will not have
a significant economic impact on a substantial number of small
entities.'' The RFA, see 5 U.S.C. 601-612, has been amended by the
Contract with America Advancement Act of 1996, Public Law Number 104-
121, 110 Statute 847 (1996) (CWAAA). Title II of the CWAAA is the Small
Business Regulatory Enforcement Act of 1996 (SBREFA). The RFA generally
defines ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' 5 U.S.C. 605(b). 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 the Small
Business Act, 5 U.S.C. 632). Pursuant to 5 U.S.C. 601(3), 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.'' 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). 15 U.S.C. 632.
This Order addresses two issues raised in the FNPRM in the 2004 TRS
Report and Order and FNPRM: (1) Whether an exception should be made to
the 10-minute in-call replacement rule for VRS if the calling party
using ASL and the VRS CA find that they are not communicating
effectively given the nature of the call, permitting the VRS provider
to have a new CA handle the call; and (2) whether a VRS CA should be
permitted to ask the VRS user questions during call set-up when
necessary to assist the CA in properly handling the call. Given the
complexity of sign language, the Commission concludes that the public
interest is best served by permitting a VRS provider to have another CA
handle the call if a CA cannot effectively communicate with the calling
party, and by permitting a VRS CA to ask questions to the calling party
during call set-up when necessary to gain an understanding of the
nature of the call to ensure effective communication. Because this
Order addresses only how VRS CAs may handle VRS calls in particular
circumstances, the Commission certifies that the requirements of the
Order will not have a significant economic impact on a substantial
number of small entities.
The Commission also notes that, arguably, there are not a
substantial number of small entities that will be affected by our
action. 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. 13 CFR 121.201, NAICS code 517110. According
to Census Bureau data for 1997, there were 2,225 firms in this category
which operated for the entire year. U.S. Census Bureau, 1997 Economic
Census, Subject Series: Information, ``Establishment and Firm Size
(Including Legal Form of Organization),'' Table 5, NAICS code 513310
(issued Oct. 2000). Of this total, 2,201 firms had employment of 999 or
fewer employees, and an additional 24 firms had employment of 1,000
employees or more. Thus, under this size standard, the majority of
firms can be considered small. (The census data do not provide a more
precise estimate of the number of firms that have employment of 1,500
or fewer employees; the largest category provided is ``Firms with 1,000
employees or more''). Currently, only eight providers are providing VRS
and being compensated from the Interstate TRS Fund: AT&T Corp.;
Communication Access Center for the Deaf and Hard of Hearing, Inc.;
Hamilton Relay, Inc.; Hands On; MCI; Nordia Inc.; Sorenson; and Sprint.
The Commission notes that two of the providers noted above are small
entities under the SBA's small business size standard. In addition, the
Interstate TRS Fund Administrator is the only entity that compensates
eligible providers of VRS. Under these circumstances, the Commission
concludes that the number of small entities affected by its decision in
this Order is not substantial. The Commission will send a copy of this
Order, including a copy of this Regulatory Flexibility Certification,
to the Chief Counsel for Advocacy of the SBA. 5 U.S.C. 605(b).
Congressional Review Act
The Commission will not send a copy of the Order 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 to the authority contained in Sections 1, 2, and 225 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, and
225, the Order is hereby adopted.
[[Page 36693]]
The Order shall be effective July 28, 2006.
The Commission will send a copy of the Order, including a copy of
this Regulatory Flexibility Certification, to the Chief Counsel for
Advocacy of the SBA.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 06-5845 Filed 6-27-06; 8:45 am]
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