Structure and Practices of the Video Relay Service Program, 51735-51741 [2010-20615]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 162 (Monday, August 23, 2010)]
[Proposed Rules]
[Pages 51735-51741]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20615]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 10-51; FCC 10-88]


Structure and Practices of the Video Relay Service Program

AGENCY: Federal Communications Commission.

[[Page 51736]]


ACTION: Proposed rule.

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SUMMARY: In this document, the Commission seeks comment on ways to 
amend its rules to detect and prevent fraud and misuse in the provision 
of Video Relay Service (VRS). Because the VRS program has been subject 
to fraud and abuse, the Commission proposes these changes in order to 
deter the billing of illegitimate minutes to the Interstate 
Telecommunications Relay Service (TRS) Fund (Fund).

DATES: For issues regarding Location of VRS Call Centers, VRS 
Communications Assistants (CAs) Working from Home and Compensation, and 
Whistleblower Protections for VRS CAs and Other Provider Employees, 
comments are due on or before September 7, 2010, and reply comments due 
on or before September 16, 2010. For all other issues, comments are due 
on or before September 13, 2010, reply comments due on or before 
September 27, 2010. Written comments on the proposed information 
collection requirements, subject to the Paperwork Reduction Act of 
1995, Public Law 104-13 (PRA), should be submitted on or before October 
22, 2010.

ADDRESSES: You may submit comments, identified by [CG Docket No. 10-51 
and/or FCC 10-88], 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) https://fjallfoss.fcc.gov/ecfs2/ 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 the 
applicable docket or rulemaking number, which in this instance is CG 
Docket No. 10-51.
     Parties may also 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 < your e-mail address>.'' 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. All filings must be 
addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building. The filing 
hours are 8 a.m. to 7 p.m.
     Commercial 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 must be addressed to 445 12th Street, SW., 
Washington, DC 20554.
    In addition, parties must serve one copy of each pleading with the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, or via e-mail to 
fcc@bcpiweb.com.
    In addition, document FCC 10-88 contains proposed information 
collection requirements subject to the PRA. It will be submitted to the 
Office of Management and Budget (OMB) for review under section 3507 of 
the PRA. OMB, the general public, and other Federal agencies are 
invited to comment on the proposed information collection requirements 
contained in this document. PRA comments should be submitted to Cathy 
Williams, Federal Communications Commission via email at PRA@fcc.gov 
and Cathy.Williams@fcc.gov, and to Nicholas A. Fraser, Office of 
Management and Budget, via fax at (202) 395-5167, or via email to 
Nicholas_A._Fraser@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and 
Governmental Affairs Bureau, Disability Rights Office at (202) 559-5158 
(voice and videophone), (202) 418-0431 (TTY), or e-mail at 
Gregory.Hlibok@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.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Structure and Practices of the Video Relay Service Program, Notice of 
Proposed Rulemaking (2010 VRS Reform NPRM), document FCC 10-88, adopted 
on May 24, 2010, and released on May 27, 2010, in CG Docket No. 10-51. 
In conjunction with the 2010 VRS Reform NPRM in FCC 10-88, the 
Commission also issued a Declaratory Ruling and Order in CG Docket No. 
10-51, published at 75 FR 39859, July 13, 2010 and 75 FR 39945, July 
13, 2010.
    The full text of document FCC 10-88 and copies of any subsequently 
filed documents in this matter will be available for public inspection 
and copying via ECFS, and during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554. They may also be purchased from the 
Commission's duplicating contractor, Best Copy and Printing, Inc., 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, 
telephone: (800) 378-3160, fax: (202) 488-5563, or Internet: https://www.bcpiweb.com. Document FCC 10-88 can also be downloaded in Word or 
Portable Document Format (PDF) at https://www.fcc.gov/cgb/dro/trs.html#orders. Pursuant to 47 CFR 1.415 and 1.419, interested parties 
may file comments and reply comments on or before the dates indicated 
in the DATES section of this document. Comments and reply comments must 
include a short and concise summary of the substantive discussion and 
questions raised in the 2010 VRS Reform NPRM. The Commission further 
directs all interested parties to include the name of the filing party 
and the date of the filing on each page of their comments and reply 
comments. The Commission strongly encourages that parties track the 
organization set forth in this 2010 VRS Reform NPRM in order to 
facilitate its internal review process. Comments and reply comments 
must otherwise comply with 47 CFR 1.48 and all other applicable 
sections of the Commission's rules.
    Pursuant to 47 CFR 1.1200 et seq., this matter shall be treated as 
a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentations must contain 
summaries of the substance of the presentation and not merely a listing 
of the subjects discussed. More than a one or two sentence description 
of the views and arguments presented is generally required. Other rules 
pertaining to oral and written presentations are set forth in 47 CFR 
1.1206(b).
    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) or 
(202) 418-0432 (TTY).

[[Page 51737]]

Initial Paperwork Reduction Act of 1995 Analysis

    The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and OMB to comment on the 
proposed information collection requirements contained in this 
document, as required by the PRA. Public and agency comments are due 
October 22, 2010. 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 techniques or other forms of information 
technology. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, 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-xxxx.
    Title: Structure and Practices of the Video Relay Service Program, 
CG Docket No. 10-51.
    Form No.: N/A.
    Type of Review: New Collection.
    Respondents: Business and other for-profit entities.
    Number of Respondents: 13.
    Number of Responses: 1,353.
    Estimated Time per Response: 1 minute (.017 hours) to 40 hours.
    Frequency of Response: One-time, monthly, quarterly, annual, and on 
occasion reporting requirements; Recordkeeping requirement; Third party 
disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for these proposed information collections is found 
at section 225 of the Act, 47 U.S.C. 225. The law was enacted on July 
26, 1990, as Title IV of the ADA, Public Law 101-336, 104 Stat. 327, 
366-69.
    Total Annual Hourly Burden: 19,677 hours.
    Total Annual Costs: $32,500.
    Nature and Extent of Confidentiality: Much of the data that 
providers would have to submit pursuant to (A)-(C) in the Needs and 
Uses section, below, would fall under 47 CFR 64.604(c)(5)(iii)(I), 
pursuant to which the Fund administrator keeps all data obtained from 
contributors and TRS providers confidential and does not disclose such 
data in company-specific form unless directed to do so by the 
Commission.
    Privacy Act Impact Assessment: No impacts.
    Needs and Uses: In the 2010 VRS Reform NPRM, the Commission seeks 
comment on ways to amend its rules to detect and prevent fraud and 
misuse in the provision of VRS. The 2010 VRS Reform NPRM contains 
potential information collection requirements with respect to the 
following six of its proposals, all of which could further the aims of 
the 2010 VRS Reform NPRM. Though the 2010 VRS Reform NPRM emphasizes 
VRS, many of the proposals would also apply to other or all forms of 
TRS.
    (A) Whether TRS providers should be required to automatically 
capture the conversation time, to the nearest second, for each call 
submitted for payment from the Fund.
    (B) Whether the TRS rules should be amended to specifically require 
that relay providers submit specified call data information in order to 
be eligible for compensation from the Fund; and whether they should be 
amended to require that the data be submitted electronically and in a 
standardized format, and, if so, what the standardized format should 
be.
    (C) Whether the Commission should require VRS providers eligible 
for compensation from the Fund that submit minutes for payment to file 
with the Commission and Fund administration on a quarterly basis a 
statement detailing the name and address of each call center the 
provider owns or controls (this would include subcontractors operating 
call centers and entities operating call centers for a subcontractor), 
the number of CAs and CA managers at the call center, and the name and 
contact information for the managers of the call center; and whether 
the Commission should require VRS providers to file an amendment to 
their most recent quarterly filing each time they open a new call 
center, close a call center, or the ownership or management of a call 
center changes, or changes to the list of providers whose calls are 
processed through the call center within 30 days of such an event.
    (D) Whether all VRS providers should be required to make available 
their cost and demand data to the public.
    (E) Whether Internet-based TRS providers should be required to 
retain their call detail records, other records that support their 
claims for payment from the Fund, and those records used to 
substantiate the costs and expense data submitted in the annual relay 
service data request form, for five years.
    (F) Whether the CEO, CFO, or other senior executive of a relay 
service provider should be required to certify, under penalty of 
perjury, that: (1) Minutes submitted to the Fund administrator for 
compensation were handled in compliance with 47 U.S.C. 225 and the 
Commission's rules and orders, and are not the result of impermissible 
financial incentives, or payments or kickbacks, to generate calls, and 
(2) cost and demand data submitted to the Fund administrator related to 
the determination of compensation rates or methodologies are true and 
correct.

Synopsis

    In the 2010 VRS Reform NPRM, the Commission seeks comment on a 
range of issues affecting the provision of VRS and ways to detect and 
prevent fraud and misuse. The Commission's goal is to ensure that VRS 
continues to thrive as a highly functionally equivalent form of TRS, 
that it remains readily available to consumers (deaf and hearing 
alike), and that it continues to offer consumers high quality service. 
To reach this goal, however, the Commission must also ensure the 
integrity of the program. To that end, the Commission must make sure 
that its service and compensation rules do not result in or perpetuate 
unjustifiable payments to providers at American ratepayers' expense, 
the provision and billing of illegitimate calls, and the provision of 
service by unqualified providers or that is not in compliance with the 
service rules.

Location of VRS Call Centers

    1. The Commission recognizes that some providers have established 
VRS call centers that are located outside the United States where ASL 
is generally not the primary form of sign language. The Commission is 
also concerned that VRS call centers outside the United States may lack 
appropriate supervision and otherwise not operate in compliance with 
the Commission's rules, and that these call centers may be (or have 
been) a source of fraud and or otherwise may not be handling legitimate 
VRS calls. The Commission therefore tentatively concludes that it will 
amend its rules to require that all VRS call centers be located in the 
United States, and seeks comment on this tentative conclusion.

VRS CAs Working From Home and Compensation

    2. The Commission recognizes that some VRS CAs work from home, and 
that there are benefits that come with the flexibility of these 
arrangements.

[[Page 51738]]

This practice, however, raises concerns about whether the 
confidentiality of calls can be guaranteed and whether VRS CAs working 
from home can meet other mandatory minimum standards applicable to the 
provision of relay, such as the ability to handle emergency calls in 
accordance with the Commission's rules. The Commission seeks comment on 
how it can balance the goals of allowing CAs the convenience and 
flexibility that comes with working from home with the need to ensure 
the confidentiality of calls and that the Commission's mandatory 
minimum standards are met. The Commission also seeks comment on 
whether, if CAs may work from home, providers should be required to 
treat the homes of CAs who work from home as ``call centers'' for 
purposes of TRS administration.
    3. The Commission also understands that some CAs have in the past 
been paid bonuses for working through scheduled breaks or working 
overtime in order to relay more minutes which may have resulted in 
schemes by CAs to initiate or participate in fraudulent VRS calls in 
order to receive such bonuses while still receiving necessary breaks. 
While the Commission believes the vast majority of CAs do not engage in 
this type of minute-pumping, the Commission seeks comment on whether 
such bonus schemes or any other type of compensation arrangement exist; 
and, if so, whether they incent CAs to arrange or cause to be arranged 
calls that would not otherwise be made, and what types of safeguards 
can be adopted to deter and prevent use of them.

Procedures for the Suspension of Payment

    4. The TRS rules that authorize the Fund administrator to suspend 
or delay payments to a TRS provider if the provider fails to provide 
adequate verification of payment do not set forth in detail procedures 
for the suspension of payment and the resolution of whether certain 
minutes are legitimate and should be paid. The Commission therefore 
seeks comment on the adoption of new rules addressing the procedures 
for the suspension or withholding of payments to providers in 
circumstances where the Fund administrator reasonably believes that the 
minutes may not be legitimate or otherwise were not submitted in 
compliance with the TRS rules.
    5. In ensuring that the providers must be afforded due process, the 
Commission tentatively concludes that the rules must, at a minimum: (1) 
Give timely notice to the providers of the minutes for which payment is 
being withheld, as well as the reason(s) for the withholding; (2) 
afford providers an opportunity to show why they believe the withheld 
minutes are in fact compensable; and (3) require that providers be 
given, in a timely fashion, a final determination of whether payment 
will be made for the disputed minutes with a supporting explanation. 
The Commission also tentatively concludes that the rules should place 
the burden on the provider to show that the minutes in question are 
compensable and were handled in accordance with the Commission's rules. 
The Commission seeks comment on these tentative conclusions, and on the 
nature of the showing providers should be required to make to establish 
that minutes submitted for payment are legitimate. Further, the 
Commission seeks comment on whether it should adopt new rules or modify 
existing rules to provide the TRS Fund administrator with the tools 
necessary to execute its administrative and auditing responsibilities.

Specific Call Practices

    6. International VRS Calls. In the VRS Declaratory Ruling, 
published at 75 FR 25255, May 7, 2010, the Bureau confirmed that VRS 
calls that both originate and terminate outside the United States are 
not compensable. The Commission seeks comment on ways to address fraud 
and misuse associated with international VRS calls without undermining 
the use of VRS to make legitimate international calls. The Commission 
also seeks comment on the role of ten-digit numbering, registered 
locations, or other potential solutions (e.g., particular software) to 
help ensure that VRS calls that terminate overseas are, in fact, 
legitimate TRS calls.
    7. VRS Calls in Which the Caller's Face Does Not Appear on the 
Screen; Use of Privacy Screens; Idle Calls. Some VRS providers and VRS 
equipment permit a VRS caller to use a ``privacy screen'' during a call 
that prevents the VRS CA from viewing the caller. Although there may be 
legitimate reasons for a VRS CA or a caller to briefly use a privacy 
screen, in some instances it may be used to facilitate a call solely 
intended to generate minutes. The Commission therefore seeks comment on 
how it might amend the TRS rules to address the use and misuse of 
privacy screens. The Commission also specifically seeks comment on its 
tentative conclusion that if a caller is away from the call or 
unresponsive for longer than two minutes, the CA should disconnect the 
call, and on what the appropriate time period a call may be idle is 
before being disconnected. A VRS call placed on hold by a business 
would not be considered ``idle,'' even if the hold time exceeds two 
minutes.
    8. Calls Involving Remote Training. The Commission recognizes that 
a significant number of VRS minutes submitted for compensation in 
recent months are attributable to remote training. To the extent that 
VRS calls that enable a person to participate in remote training using 
a VRS CA are, in fact, being used as a substitute for in-person 
interpreting or Video Remote Interpreting (VRI) services, the 
Commission has already made clear that this would be an improper use of 
VRS. The Commission seeks comment on its tentative conclusion that, 
despite its prior finding that calls made for the purpose of generating 
compensable minutes as a source of provider revenue are not compensable 
from the Fund, a rule specifically barring compensation for remote 
training calls initiated or promoted by or on behalf of a provider 
would serve as an additional deterrent against fraud and misuse of the 
Fund.

Detecting and Stopping the Billing of Illegitimate Calls

    9. Automated Call Data Collection. The Commission seeks comment on 
its tentative conclusion that the TRS rules should be modified to make 
clear that providers must automatically capture the conversation time, 
to the nearest second, for each call submitted for payment from the 
Fund, which the Commission expects would reduce opportunities for fraud 
and the erroneous submission of minutes for payment.
    10. Data Filed with the Fund Administrator to Support Payment 
Claims. In 2008, the Fund Administrator instructed VRS providers that, 
in addition to the speed of answer compliance data they were already 
submitting, monthly minutes of use submitted for payment must be 
supported by the following call data records: (1) The call record ID 
sequence; (2) Communications Assistant ID; (3) session start and end 
times; (4) conversation start and end times; (5) incoming telephone 
number or IP address; (6) outbound telephone number or IP address; (7) 
total conversation minutes; and (8) total session minutes., The 
Commission seeks comment on its tentative conclusion that the TRS rules 
should be amended to specifically require the filing of this call data 
information as a functional TRS mandatory minimum standard that 
providers must meet to be eligible for compensation from the Fund, 
because review of this information is essential to detecting and 
deterring fraud and the

[[Page 51739]]

billing of illegitimate calls. The Commission also seeks comment on any 
other call record information it should require providers to submit to 
the Fund administrator to support their claims for payment, and on its 
tentative conclusion that the TRS rules should be amended to require 
that all this data be submitted electronically and in a standardized 
format.
    11. Requiring Providers to Submit Information About New and 
Existing Call Centers. The Commission seeks comment on its tentative 
conclusions that: (1) It should amend the TRS mandatory minimum 
standards to require VRS providers eligible for compensation from the 
Fund that submit minutes for payment to file with the Commission and 
Fund administrator on a quarterly basis a statement detailing the name 
and address of each call center the provider owns or controls, the 
number of CAs and CA managers at the call center, and the name and 
contact information for the managers of the call center; and (2) that 
it will require VRS providers to file an amendment to their most recent 
quarterly filing each time they open a new call center, close a call 
center, or the ownership or management of a call center changes, or 
changes to the list of providers whose calls are processed through the 
call center. The Commission further proposes that such amendments be 
required to be filed within thirty days of such an event. This 
information will enable the Commission and Fund administrator to better 
oversee compliance with Commission rules to ensure the compensability 
of submitted minutes as well as to ensure that sub-contractors are 
providing the quality of service the Commission's rules require.
    12. Requiring Service to be Offered in the Name of the Provider 
Seeking Compensation from the Fund; Revenue Sharing Schemes. The 
Commission's rules permit providers eligible for compensation from the 
Fund to subcontract with other entities for actual provision of 
service. Although the eligible provider is responsible for ensuring 
that such calls billed to the Fund are legitimate, in some cases it is 
possible that the eligible provider exercises very little oversight 
over the call handling operations. In other cases, arrangements have 
been made in order to facilitate fraud. One VRS provider proposes that 
the Commission adopt a rule stating that providers cannot be 
compensated from the Fund unless the provider seeking compensation 
``clearly identified itself to the calling parties at the outset of the 
calls as the TRS provider for those calls.'' Another VRS provider 
proposes that the Commission altogether prohibit uncertified entities 
from billing the TRS Fund through certified providers. The Commission 
seeks comment on these proposals and on other ways it can ensure that 
the entities that actually relay calls are accountable for compliance 
with the Commission's rules.
    13. Whistleblower Protections for VRS CAs and Other Provider 
Employees. The Commission recognizes that CAs and other employees of 
providers are often in the best position to detect possible fraud and 
misconduct by the provider, but that employees are often reluctant to 
report possible wrongdoing because they fear they may lose their job or 
be subject to other forms of retaliation. Given recent evidence of 
fraud and the billing of illegitimate VRS minutes, the Commission seeks 
comment on its tentative conclusion that it should adopt a specific 
whistleblower protection rule for the employees and subcontractors of 
TRS providers, and on what the scope and contents of such a rule should 
be.
    14. Transparency and the Disclosure of Provider Financial and Call 
Data. Currently, the Commission addresses provider cost and demand data 
only in the aggregate or in some other way that does not reveal the 
individual data of a particular provider. The Commission seeks comment 
on whether it should require that all VRS provider cost and demand data 
be made available to the public and, if so, how such a requirement 
should be implemented. The Commission further seeks comment on how it 
might balance the legitimate need for transparency of provider costs 
with any legitimate interest in keeping that information (or some 
portion of it) confidential. The Commission requests that commenters 
favoring disclosure specifically address the scope of such requirement, 
how the data should be made public, and any exceptions or limits to a 
rule requiring disclosure of provider specific cost and demand data.
    15. Provider Audits. The Commission is authorized to suspend 
payment to providers who do not submit to audits. The Commission seeks 
comment on whether it should amend the TRS mandatory minimum standards 
to include more specific and stringent auditing rules in order to 
better safeguard the integrity of the Fund. Commenters favoring such 
rules should address the scope and frequency of such audits.
    16. Record Retention. The Commission recognizes that to detect and 
deter fraud or other call or billing irregularities it must have access 
to the underlying call data. The Commission seeks comment on its 
tentative conclusion that it should amend the TRS rules to require 
Internet-based TRS providers to retain their call detail records, other 
records that support their claims for payment from the Fund, and those 
records used to substantiate the costs and expense data submitted in 
the annual relay service data request form, for five years.
    17. Provider Certification Under Penalty of Perjury. In the Order 
portion of document FCC 10-88, the Commission adopts an interim rule 
requiring the CEO, CFO, or other senior executive of a relay service 
provider to certify, under penalty of perjury, that: (1) Minutes 
submitted to the Fund administrator for compensation were handled in 
compliance with section 225 of the Communications Act of 1934, as 
amended, and the Commission's rules and orders, and are not the result 
of impermissible financial incentives, or payments or kickbacks, to 
generate calls, and (2) cost and demand data submitted to the Fund 
administrator related to the determination of compensation rates or 
methodologies are true and correct. See 75 FR 39859, July 13, 2010. The 
Commission seeks comment on its tentative conclusion that it should 
adopt these rules permanently.

Initial Regulatory Flexibility Certification

    18. The Regulatory Flexibility Act of 1980, as amended (RFA), 5 
U.S.C. 603, 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.'' 5 U.S.C. 605(1). 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. 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).
    19. In the 2010 VRS Reform NPRM, the Commission reaches tentative 
conclusions on a range of issues affecting the provision of VRS and 
ways to detect and prevent fraud and misuse in the VRS program. 
Specifically, the Commission tentatively concludes that: All VRS call 
centers must be located in the United States; VRS CAs must work in a 
centralized call center where other

[[Page 51740]]

personnel are present, including other CAs and supervisors; the 
Commission should adopt new rules, affording providers due process, 
addressing procedures for the suspension or withholding of payments to 
providers in circumstances where the Fund Administrator reasonably 
believes that the minutes may not be legitimate or otherwise were not 
submitted in compliance with the TRS rules, but placing the burden on 
the provider to show that the minutes in question are compensable and 
were handled in accordance with the TRS rules; VRS calls that originate 
or terminate overseas shall not be compensable from the Fund; a CA 
should disconnect a VRS call in which the caller's face does not appear 
on the screen (including when the caller is using a ``privacy 
screen''), or where the call is ``idle,'' for more than two minutes; a 
rule specifically barring compensation for remote training calls 
initiated or promoted by or on behalf of a provider would serve as an 
additional deterrent against fraud and misuse of the Fund; providers 
must use automated, rather than manual, methods to capture a TRS call's 
conversation time, to the nearest second, for each call submitted for 
payment from the Fund; the TRS rules should specifically require that 
providers file certain call data information in order to eligible for 
compensation from the Fund, and providers must file it electronically 
and in a standardized format; providers must file with the Commission 
and Fund administrator on a quarterly basis a statement detailing the 
name and address of each call center the provider owns or controls 
(including subcontract arrangements), as well as various information 
concerning the management of such call centers; the Commission should 
adopt a permanent rule requiring the CEO, CFO, or other senior 
executive of a provider submitting data to the Fund administrator to 
make various certifications under penalty of perjury; the Commission 
should adopt specific whistleblower protection rules for the employees 
and subcontractors of TRS providers; and Internet-based TRS providers 
must retain their call detail records, and other records to support 
their claims for payment from the Fund, for five years.
    20. The 2010 VRS Reform NPRM also seeks comment on whether the 
Commission should prohibit ``white-label'' Internet-based TRS 
services--where non-certified providers offer service and bill the Fund 
through certified providers--and on other ways that the Commission can 
ensure that the entities that actually relay calls are accountable for 
compliance with the Commission's rules. In addition, it seeks comment 
on whether--and if so, how--VRS provider cost and demand data should be 
made available to the public, and whether the Commission should adopt 
more specific and stringent auditing rules in order to better safeguard 
the integrity of the Fund.
    21. With regard to whether a substantial number of small entities 
may be affected by the requirements proposed in the 2010 VRS Reform 
NPRM, the Commission notes that, of the fourteen providers affected by 
the 2010 VRS Reform NPRM, no more than five 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. 13 CFR 121.201, NAICS code 517110. 
Currently, fourteen providers receive compensation from the Interstate 
TRS Fund for providing any form of TRS. Because no more than five of 
the providers that would be affected by the 2010 VRS Reform NPRM, 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 our proposed rules is not substantial. 
Moreover, given that all providers potentially affected by the proposed 
rules, including those 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 2010 
VRS Reform NPRM, if adopted, will not have a significant economic 
impact on these small entities.
    22. Therefore, the Commission certifies that the proposals in the 
2010 VRS Reform NPRM, if adopted, will not have a significant economic 
impact on a substantial number of small entities.
    23. The Commission will send a copy of the 2010 VRS NPRM, including 
a copy of this Initial Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the SBA.

Ordering Clauses

    Pursuant to sections 1, 4(i) and (o), 225, 303(r), 403, 624(g), and 
706 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i) and (o), 225, 303(r), 403, 554(g), and 606, document FCC 10-88 
is adopted.
    The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of document FCC 10-88, 
including the Initial Regulatory Flexibility Certification, to the 
Chief Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 64

    Claims, Individuals with disabilities, Reporting and recordkeeping 
requirements, Telecommunications.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    1. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Pub. 
L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 
222, 225, 226, 228, and 254(k) unless otherwise noted.

    2. Section 64.604 is amended by adding paragraphs (a)(3)(ix), 
(a)(6), (a)(7), and (b)(4)(iii), and by revising paragraph 
(c)(5)(iii)(E), to read as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (a) * * *
    (3) * * *
    (ix) Relay calls that enable a person with hearing or speech 
disability to participate in a remote training program, made available 
to the public or to an entity's employees, do not fall within the scope 
of this subpart.
* * * * *
    (6) In addition to those standards set forth above, Internet-based 
TRS providers shall be subject to the following standards:
    (i) Automated call data collection. For each Internet-based TRS 
call, providers must automatically record session and conversation time 
to the nearest second.
    (ii) Revenue sharing agreements. The administrator shall not 
compensate for minutes resulting from an Internet-based TRS call unless 
the entity seeking compensation from the Fund for such minutes clearly 
identified itself to the calling parties at the beginning of the call 
as the TRS provider for the call.
    (iii) Whistleblower protections. Providers shall permit any 
employee, agent, or contractor to disclose to a designated manager any 
known or suspected violations of FCC rules, or any other activity that 
the reporting person believes to be unlawful, wasteful, fraudulent, or 
abusive, or that otherwise could result in the improper

[[Page 51741]]

billing of minutes to the Interstate TRS Fund. Providers must make 
available at least one means by which such disclosure may be made 
anonymously. Providers must promptly investigate any report of 
wrongdoing and, when warranted, take appropriate corrective action. 
Providers may not discipline any employee, agent, or contractor solely 
for reporting under this provision. Providers shall also inform all 
employees, agents, and contractors that they may directly contact the 
Commission's Office of Inspector General to report wrongdoing.
    (iv) Record retention. Providers shall retain their call detail 
records for five years from the date of service, and shall make such 
records available to the Commission or administrator upon request.
    (7) In addition to those standards set forth above, Video Relay 
Service providers shall be subject to the following standards:
    (i) Idle time or no face on screen. If either party to a VRS call 
is away from the call, or otherwise unavailable or unresponsive, for 
more than two minutes the CA may disconnect the call, except when the 
call has been placed on hold by a business. If at any time during a VRS 
call a VRS CA is confronted with only a blank screen (e.g., a privacy 
screen), or a screen that does not display the face of the video 
caller, the CA may disconnect the call if the video caller's face does 
not reappear within two minutes.
    (ii) Call center information. VRS providers shall file quarterly 
reports with the Commission and the administrator by March 31, June 30, 
September 20, and December 31 each year stating the name and address of 
each call center the provider owns or controls (including call centers 
owned or operated by subcontractors or entities operating calls centers 
for a subcontractor), the number of CAs and CA managers at each call 
center, and the name and contact information for the key managers at 
each call center. VRS providers shall file an amendment to their most 
recent quarterly filing within 30 days of opening a call center, 
closing a call center, or changing the ownership or management of a 
call center.
* * * * *
    (b) * * *
    (4) * * *
    (iii) Location of call centers. VRS call centers must be located in 
the United States.
* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (E) Payments to TRS providers. TRS Fund payments shall be 
distributed to TRS providers based on formulas approved or modified by 
the Commission. The administrator shall file schedules of payment 
formulas with the Commission. Such formulas shall be designed to 
compensate TRS providers for reasonable costs of providing interstate 
TRS, and shall be subject to Commission approval. Such formulas shall 
be based on total monthly interstate TRS minutes of use. TRS minutes of 
use for purposes of interstate cost recovery under the TRS Fund are 
defined as the minutes of use for completed interstate TRS calls placed 
through the TRS center beginning after call set-up and concluding after 
the last message call unit. In addition to the data required under 
paragraph (c)(5)(iii)(C) of this section, all TRS providers, including 
providers who are not interexchange carriers, local exchange carriers, 
or certified state relay providers, must submit reports of interstate 
TRS minutes of use to the administrator in order to receive payments. 
These reports shall include the call record ID sequence, CA ID, session 
start and end times, conversation start and end times, incoming 
telephone number or IP address for Internet-based TRS service not 
subject to the numbering requirements under Sec.  64.611, outbound 
telephone number or IP address for Internet-based TRS service not 
subject to the numbering requirements under Sec.  64.611, total 
conversation minutes, and total session minutes. In addition, VRS and 
IP Relay providers shall include in their reports speed of answer 
compliance data. The administrator shall establish procedures to verify 
payment claims, and may suspend or delay payments to a TRS provider if 
the TRS provider fails to provide adequate verification of payment upon 
reasonable request, or if directed by the Commission to do so. The 
administrator shall make payments only to eligible TRS providers 
operating pursuant to the mandatory minimum standards as required in 
this section, and after disbursements to the administrator for 
reasonable expenses incurred by it in connection with TRS Fund 
administration. TRS providers receiving payments shall file a form 
prescribed by the administrator. The administrator shall fashion a form 
that is consistent with parts 32 and 36 of this chapter procedures 
reasonably tailored to meet the needs of TRS providers. The Commission 
shall have authority to audit providers and have access to all data, 
including carrier specific data, collected by the Fund administrator. 
The Fund administrator shall have authority to audit TRS providers 
reporting data to the administrator. The formulas should appropriately 
compensate interstate providers for the provision of VRS, whether 
intrastate or interstate.
* * * * *
[FR Doc. 2010-20615 Filed 8-20-10; 8:45 am]
BILLING CODE 6712-01-P