Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities; E911 Requirements for IP-Enabled Service Providers, 41307-41311 [E8-16270]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 139 (Friday, July 18, 2008)]
[Proposed Rules]
[Pages 41307-41311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16270]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 52 and 64

[CG Docket No. 03-123 and WC Docket No. 05-196; FCC 08-151]


Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals With Hearing and Speech Disabilities; E911 Requirements 
for IP-Enabled Service Providers

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission seeks comment on additional 
issues relating to the assignment and administration of ten-digit 
telephone numbers for Internet-based Telecommunications Relay Services 
(TRS).

DATES: Comments are due on or before August 8, 2008. Reply comments are 
due on or before August 25, 2008. Written Paperwork Reduction Act (PRA) 
comments on the proposed information collection requirements should be 
submitted on or before September 16, 2008.

ADDRESSES: Interested parties may submit comments identified by FCC 08-
151 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: https://
www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: https://
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 No. 03-123 and WC Docket 
No. 05-196. Parties also may submit an electronic comment by Internet 
e-mail. To get filing instructions, filers should send an e-mail to 
ecfs@fcc.gov, and include the following words in the body of the 
message, ``get form .'' 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 
messenger-delivered paper filings for the

[[Page 41308]]

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 also should 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 No. 
03-123 and WC Docket No. 05-196), 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.
    In addition, comments on the PRA information collection 
requirements contained herein should be submitted to Cathy Williams, 
Federal Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to PRA@fcc.gov or 
Cathy.Williams@fcc.gov, and to Nicholas A. Fraser, Office of Management 
and Budget (OMB), Desk Office via the Internet to Nicholas_A._
Fraser@omb.eop.gov, or via fax at (202) 395-5167.

FOR FURTHER INFORMATION CONTACT: Thomas Chandler, Consumer and 
Governmental Affairs Bureau, Disability Rights Office at (202) 418-1475 
(voice), (202) 418-0597 (TTY), or e-mail at Thomas.Chandler@fcc.gov. 
For additional information concerning the PRA information collection 
requirements contained in this document, contact Cathy Williams at 
(202) 418-2918, or via the Internet at Cathy.Williams@fcc.gov or 
PRA@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; E911 Requirements for 
IP-Enabled Service Providers, Further Notice of Proposed Rulemaking 
(FNPRM), document FCC 08-151, adopted June 11, 2008, and released June 
24, 2008, in CG Docket No. 03-123 and WC Docket No. 05-196, seeking 
comment on additional issues relating to the assignment and 
administration of ten-digit telephone numbers for Internet-based TRS. 
In association with the FNPRM, on June 24, 2008, the Commission issued 
a Report and Order in CG Docket No. 03-123 and WC Docket No. 05-196, 
FCC 08-151, adopting a system for assigning users of Internet-based 
TRS, specifically, Video Relay Service (VRS) and IP Relay, ten-digit 
telephone numbers linked to the North American Numbering Plan (NANP). 
The issues on which the Commission seeks further comment in the FNPRM 
arise from the companion Report and Order, as well as the following 
items from which the Report and Order emanated: (1) Telecommunications 
Relay Services and Speech-to-Speech Services for Individuals with 
Hearing and Speech Disabilities, Notice of Proposed Rulemaking, CG 
Docket No. 03-123, document FCC 05-196, published at 71 FR 5221, 
February 1, 2006; (2) Telecommunications Relay Services and Speech-to-
Speech Services for Individuals with Hearing and Speech Disabilities, 
Declaratory Ruling and Further Notice of Proposed Rulemaking, CG Docket 
No. 03-123, document FCC 06-57, published at 71 FR 30818 and 71 FR 
30848, May 31, 2006; (3) Telecommunications Relay Services and Speech-
to-Speech Services for Individuals with Hearing and Speech 
Disabilities, Further Notice of Proposed Rulemaking, CG Docket No. 03-
123, document FCC 06-58, published at 71 FR 31131, June 1, 2006; (4) 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities; E911 Requirements For 
IP-Enabled Service Providers, Report and Order, CG Docket No. 03-123 
and WC Docket No. 05-196, document FCC 08-78, published at 73 FR 21252, 
April 21, 2008; and (5) Consumer and Governmental Affairs Bureau Seeks 
To Refresh Record on Assigning Internet Protocol (IP)-Based 
Telecommunications Relay Service (TRS) Users Ten-Digit Telephone 
Numbers Linked to North American Numbering Plan (NANP) and Related 
Issues, Public Notice, CG Docket No. 03-123, document DA 08-607, 
published at 73 FR 16304, March 27, 2008.
    The full text of document FCC 08-151 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 08-151 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, www.bcpiweb.com, 
or by calling 1-800-378-3160. Document FCC 08-151 can also be 
downloaded in Word or Portable Document Format (PDF) at: https://
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

    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 collection 
requirements contained in this document, as required by the PRA of 
1995, Public Law 104-13. Public and agency comments are due September 
16, 2008. 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 information collection techniques or

[[Page 41309]]

other forms of information technology. In addition, pursuant to the 
Small Business Paperwork Relief Act of 202, Public Law 107-198, see 44 
U.S.C. 3506 (c)(4), the Commission seeks specific comment on how it may 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''
    OMB Control Number: 3060-1089.
    Title: Telephone Numbering System and E911 Requirements for 
Internet-based Telecommunications Relay Service Providers, Further 
Notice of Proposed Rulemaking, CG Docket No. 03-123 and WC Docket No. 
05-196, FCC 08-151.
    Form No. N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit; Individuals or 
households; Not-for-profit institutions; State, Local or Tribal 
Government.
    Number of Respondents and Responses: 202,566 respondents; 
178,646,320 responses.
    Estimated Time per Response: 1 second to 8 hours.
    Frequency of Response: One-time and on occasion reporting 
requirements; Recordkeeping requirement; Third party disclosure 
requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority is contained in sections 1, 2, 4(i), (4)(j), 222, 
225, 251, and 303(r) of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 152, 154(i), 154(j), 222, 225, 251, 303(r).
    Total Annual Burden: 103,883 hours.
    Total Annual Costs: $10,520.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because the Commission has no direct 
involvement in the collection of personally identifiable information 
(PII) from individuals and/or households.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: In this document, the Commission proposes 
information collection requirements for the following:
    (A) Provision of Registered Location to Non-Default Providers. 
Registered Location information will be used by each Internet-based TRS 
provider, as well as their 911 service providers, to complete 911 calls 
placed by callers that have selected another Internet-based TRS 
provider as their default provider. This information will be used 
whenever a 911 call is placed through a non-default provider.
    (B) Inter-Provider Signaling. Each Internet-based TRS provider will 
collect its registered users' registration and routing information to 
register its users' Internet-based TRS devices, verify its users' 
registration, and use the information in the transition to standards-
based signaling and SIP-based end devices.
    (C) Device Registration. Device registration will be used to 
improve the security of the security of the TRS numbering system and 
the equipment and networks of both providers and users.
    (D) Verification of Registration. Registration verification will be 
used to help reduce fraud by ensuring a calling party is entitled to 
access the network.
    (E) Slamming. Each Internet-based TRS provider will use the 
Internet-based TRS users' information to implement Section 258 of the 
Act and deter slamming, while protecting Internet-based TRS users from 
providers that may take advantage of confusion over different types of 
Internet-based TRS services.
    (F) Consumer Privacy. Each Internet-based TRS provider will collect 
its users' network information, including their call records, 
Registered Location, or other personally identifiable account or usage 
information in accordance with Section 222 of the Act and the 
Commission's implementing rules.
    (G) Extending Information Collections to IP CTS. Each IP CTS 
provider will collect the necessary information from its users to 
comply with the rules set forth in the Report and Order as well as the 
proposals set forth in the FNPRM to allow users of IP CTS to take 
advantage of the ten-digit numbering system and related protections.

Synopsis

    Through the FNPRM, the Commission seeks comment on additional 
issues relating to the assignment and administration of ten-digit 
telephone numbers for Internet-based TRS. These issues include: (1) 
Certain peripheral issues concerning the proper handling of 911 calls 
placed via Internet-based TRS; (2) an appropriate registration period; 
(3) the eligibility of Internet-based TRS users to receive multiple 
telephone numbers; (4) the use of toll free numbers; (5) what steps the 
Commission should take, if any, to facilitate implementation of 
standards-based signaling between service providers; (6) the assignment 
of a single telephone number to multiple services; (7) multi-line 
telephone systems; (8) eligibility to obtain Internet-based TRS 
telephone numbers; (9) the regulatory treatment of IP CTS; (10) 
additional security measures designed to ensure the integrity of the 
TRS system and Internet-based TRS equipment and networks; (11) 
verification of registration; (12) application of the anti-slamming 
rules to protect relay consumers against unauthorized default provider 
changes; (13) the extent to which the CPNI rules should apply to 
Internet-based TRS providers; and (14) whether, and to what extent, in 
connection with the compensation of Internet-based TRS providers for 
their reasonable actual costs of complying with the Report and Order, 
the costs of acquiring numbers, including porting fees, should be 
passed on to Internet-based TRS users.
    911 Issues. The Commission seeks comment on whether the Commission 
should modify the call completion rule to allow for immediate answer of 
911 calls. Under the current call completion rule, if a CA is 
conducting a relay call, that CA may not terminate the call for any 
reason, even if a 911 call is waiting in queue. As demonstrated in the 
record, immediate response to 911 calls is critical so first responders 
can be deployed in an emergency. Thus, the Commission seeks comment on 
whether the call completion rule should be modified so that if a CA is 
handling a non-emergency relay call and identifies an incoming 911 
call, the CA may terminate the existing call to answer the 911 call 
immediately. If so, how should the rule be modified? What, if any, 
technical considerations must be addressed?
    In addition, if an Internet-based TRS user places an emergency call 
through an Internet-based TRS provider other than the Internet-based 
TRS user's default provider, the default provider may not have access 
to the Internet-based TRS user's Registered Location information. The 
Commission seeks comment on ways in which Registered Location 
information might be made available to alternative relay providers for 
the purpose of routing emergency calls.
    Registration Period. The Commission recognizes that there must be a 
registration period to allow existing Internet-based TRS users to 
register with a default provider, provide their Registered Location, 
and obtain their new ten-digit NANP telephone numbers. The Commission 
also seeks comment on the length of time necessary for this 
registration period. Should there be a cut-off date upon which any 
Internet-based TRS user who has not registered with a default provider 
will lose the ability to use Internet-based TRS services until they 
register with a default provider? Are there technical or other means by 
which Internet-based TRS providers could require an Internet-based TRS 
user to register prior to the reinitiation of

[[Page 41310]]

service? Are there any other issues the Commission must consider in 
connection with the registration period?
    Eligibility for Multiple Telephone Numbers. The Commission notes 
that Internet-based TRS providers will incur costs to acquire telephone 
numbers for their Registered Internet-based TRS users. There is some 
discussion in the record of how many numbers an Internet-based TRS user 
should be entitled to obtain from an Internet-based TRS provider, 
including allowing an Internet-based TRS user to obtain different 
numbers for use at particular locations (e.g., home and work), allowing 
one telephone number per device, and allowing one telephone number per 
household. The record does not, however, reflect a consensus on this 
issue, and the Commission requests further comment on whether Internet-
based TRS users should be entitled to obtain multiple numbers, and if 
so at what cost.
    Use of Toll Free Numbers. The Commission acknowledges that certain 
Internet-based TRS users currently use toll free numbers issued or 
assigned by Internet-based TRS providers or other carriers and may 
continue to do so. The Commission seeks comment on whether these 
Internet-based TRS users should be subject to a fee for use of a toll 
free number, as are hearing users. The Commission also seeks comment on 
any other issues involved in using toll free numbers for Internet-based 
TRS, including any impact the use of such numbers may have on the 
provision of 911 service.
    Signaling. NeuStar's TRU proposes that standards-based signaling be 
required between service providers. NeuStar suggests that inter-
provider signaling using Session Initiation Protocol (SIP) for TRS will 
facilitate a transition from the current requirement that end devices 
implement H.323 protocols to an environment that will support H.323 
standard and SIP end devices. The Commission invites comments on 
NeuStar's underlying objective of transitioning to SIP-based end 
devices and steps the Commission could take to facilitate the process. 
The Commission also seeks comment on what steps, if any, it should take 
to facilitate implementation of standards-based signaling between 
service providers in other contexts, such as IP Relay.
    Assignment of a Single Telephone Number to Multiple Services. The 
Commission seeks comment on whether the functional equivalency standard 
requires that the numbering system adopted in the Report and Order 
allow for a single NANP number to be assigned to multiple services.
    Multi-Line Telephone Systems. The Commission seeks comment on what, 
if anything, the Commission should do to ensure that Internet-based TRS 
users who work in government buildings, live on college campuses, or 
otherwise use multi-line telephone systems have access to functionally 
equivalent telephone numbers and E911 services as required by the 
Report and Order.
    Eligibility to Obtain Internet-Based TRS Telephone Numbers. The 
Commission seeks comment on who should be eligible to obtain telephone 
numbers from Internet-based TRS providers.
    Regulatory Treatment of IP CTS. The Commission seeks comment on 
whether the Commission should extend the numbering system adopted in 
the Report and Order to IP CTS.
    Security. The Commission seeks comment on NeuStar's proposals to 
require device registration, close firewalls, and ``close the network'' 
such that default Internet-based TRS providers only accept calls from 
their own Registered Internet-based TRS users, from the PSTN, or from 
another Internet-based TRS provider. See NeuStar Refresh Comments at 
pages 10-11. The Commission seeks further comment on whether there are 
other security issues and measures that should be considered to ensure 
the integrity of the TRS system and the equipment and networks of 
Internet-based TRS users.
    Verification of Registration. The Commission believes that 
requiring Internet-based TRS providers to offer their users a means of 
registering will help reduce the abuse of IP Relay for fraudulent 
purposes. Nonetheless, the Commission recognizes that significantly 
reducing illegitimate IP Relay calls should benefit merchants, 
Internet-based TRS providers, Internet-based TRS users, and indeed all 
users of telecommunications services, and therefore seek comment on 
further rules that might curb these problematic practices. 
Specifically, would a closed system requiring Internet-based TRS 
providers to validate the registration of users before completing non-
emergency calls help curb IP Relay fraud? Would such a system be 
possible without imposing undue burdens on legitimate Internet-based 
TRS users? And how are Internet-based TRS providers to verify that 
registration information itself is not fraudulent? Absent such a 
mandatory system, should the Commission specifically encourage (or even 
require) Internet-based TRS providers to filter out requests for 
Internet-based TRS that come from suspected illegitimate users, such as 
known fraudsters or overseas users?
    Slamming Issues. With the Commission's adoption of a ten-digit 
numbering mechanism for Internet-based TRS users, including giving 
users a choice of default Internet-based TRS providers to service their 
assigned numbers, the Commission believes the Commission should adopt 
rules to protect relay consumers against unauthorized default provider 
changes. The Commission seeks comment on whether such protections are 
necessary and, if so, whether they should be similar to the 
Commission's current regulations to protect against, and remedy 
instances of, ``slamming.''
    Consumer Privacy. The Commission seeks comment on what, if any, 
specific actions the Commission should take to ensure the privacy and 
security of TRS consumers' call records or other personally 
identifiable account or usage information, including the information 
users provide in connection with the Registered Location requirement 
discussed in the Report and Order.
    Cost Recovery Issues. As outlined in the Report and Order, the 
Commission concludes that Internet-based TRS providers may seek 
compensation from the Fund for their actual reasonable costs of 
complying with the new requirements adopted in the Report and Order. 
The Commission has not included, however, those costs directly related 
to consumers' acquiring a number or to the costs associated with number 
portability. Because these costs generally are borne by voice telephone 
users, the Commission seeks comment on whether Internet-based TRS users 
acquiring ten-digit numbers should also bear these costs. The 
Commission further seeks comment on whether, and to what extent, the 
costs of acquiring numbers, including porting fees, should be passed on 
to the Internet-based TRS users, and not paid for by the Fund. The 
Commission notes that because Internet-based TRS users will now have a 
default provider--e.g., the provider from which they obtained their 
number or a provider to which they ported their number--that provider 
can pass the costs of acquiring the number, or of porting the number, 
to the consumer. The Commission also seeks comment on whether there are 
other specific costs that result from the requirements adopted in the 
Report and Order that, mirroring voice telephone consumers, should be 
passed on to consumers, including, for example, E911 charges.

[[Page 41311]]

Initial Regulatory Flexibility Certification

    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).
    In the FNPRM, the Commission seeks comment on additional issues 
relating to the assignment and administration of ten-digit telephone 
numbers for VRS and IP Relay users. For example, the Commission 
proposes a modification of the call completion requirement under the 
Commission's TRS rules so that if a CA is handling a non-emergency 
relay call and identifies an incoming 911 call, the CA may terminate 
the existing call to immediately answer the 911 call. The Commission 
also seeks comment on ways in which Registered Location information 
might be made available to alternative relay providers for the purpose 
of routing emergency calls in the event that an Internet-based TRS user 
places an emergency call through an Internet-based TRS provider other 
than the user's default provider. The Commission proposes a 
registration period to allow existing Internet-based TRS users to 
register with, and obtain a ten-digit NANP telephone number from, a 
default provider, and seeks comment on the appropriate length of such a 
period. The Commission also seeks comment on the eligibility of 
Internet-based TRS users for multiple telephone numbers; issues related 
to the use of toll-free numbers for Internet-based TRS; the assignment 
of a single telephone number to multiple services; who should be 
entitled to receive an Internet-based TRS telephone number; the 
appropriate regulatory treatment of IP CTS; and what, if anything, the 
Commission should do to ensure that Internet-based TRS users who use 
multi-line telephone systems have access to functionally equivalent 
telephone numbers and E911 services as required by the Report and 
Order. Further, the Commission seeks comment on the steps it should 
take, if any, to facilitate implementation of SIP-based signaling 
between service providers in order to make possible a transition from 
the current requirement that end devices implement H. 323 protocols to 
an environment that will support H. 323 standard and SIP end devices. 
The Commission also contemplates security measures designed to ensure 
the integrity of the TRS system and the equipment and networks of 
Internet-based TRS users and seeks comment on what, if any, additional 
steps it might take to combat IP Relay fraud. The Commission further 
proposes the application of the Commission's anti-slamming rules to 
protect relay consumers against unauthorized default provider changes, 
and the application of the Commission's CPNI rules to protect the 
privacy of consumers' call records or other personally identifiable 
account or usage information. Finally, the Commission proposes that the 
costs of acquiring ten-digit telephone numbers, and porting those 
numbers, should be passed on to Internet-based TRS users.
    The Commission considers whether the proposed changes are necessary 
to ensure that users of Internet-based TRS receive functionally 
equivalent telephone service, as mandated by Title IV of the Americans 
with Disabilities Act. Although the proposed changes may result in 
additional reporting and recordkeeping requirements 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. 
The modifications the Commission proposes consist of policies aimed at 
achieving a functionally equivalent telephone service for Internet-
based 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.
    With regard to whether a substantial number of small entities may 
be affected by the requirements proposed in the FNPRM, the Commission 
notes that, of the 11 providers affected by the FNPRM, only three meet 
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. Currently, 
11 providers receive compensation from the Interstate TRS Fund for 
providing Internet-based TRS: AT&T Corp.; CSDVRS; CAC; GoAmerica; 
Hamilton Relay, Inc.; Hands On; Healinc; Nordia Inc.; Snap 
Telecommunications, Inc; Sorenson; and Sprint. Because only three of 
the providers that would be affected by the FNPRM, if adopted, are 
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 is not 
substantial. Moreover, given that all providers potentially affected by 
the proposed rules, including the three that are deemed to be small 
entities under the SBA's standard, would be entitled to receive prompt 
reimbursement for their reasonable costs of compliance, the Commission 
concludes that the FNPRM, if adopted, will not have a significant 
economic impact on these small entities.
    Therefore, the Commission certifies that the proposals in the 
FNPRM, if adopted, will not have a significant economic impact on a 
substantial number of small entities.

Ordering Clauses

    Pursuant to sections 1, 2, 4(i), 4(j), 225, 251, and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 225, 251, 303(r), the Further Notice of Proposed Rulemaking is 
adopted.
    The Further Notice of Proposed Rulemaking shall be effective August 
18, 2008.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, Shall Send a copy of the Further 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. E8-16270 Filed 7-17-08; 8:45 am]
BILLING CODE 6712-01-P