Structure and Practices of the Video Relay Service Program; Correction, 30841-30842 [2011-12681]

Download as PDF jdjones on DSK8KYBLC1PROD with RULES Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations carriers that must comply with the Commission’s separations rules while the Commission and the Federal-State Joint Board consider issues relating to comprehensive reform of the jurisdictional separations process. DATES: Effective June 27, 2011. FOR FURTHER INFORMATION CONTACT: Daniel Ball, Attorney Advisor, at 202– 418–1577, Pricing Policy Division, Wireline Competition Bureau. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order (R&O) in CC Docket No. 80– 286, FCC 11–71, released on May 4, 2011. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street, SW., Washington, DC 20554. 1. Jurisdictional separations is the process by which incumbent LECs apportion regulated costs between the intrastate and interstate jurisdictions. 2. The 2001 Separations Freeze Order, 66 FR 33202, June 21, 2001, froze all part 36 category relationships and allocation factors for price cap carriers and all allocation factors for rate-ofreturn carriers. Rate-of-return carriers had the option to freeze their category relationships at the outset of the freeze. The freeze was originally established July 1, 2001 for a period of five years, or until the Commission completed separations reform, whichever occurred first. The 2006 Separations Freeze Extension Order, 71 FR 29843, May 24, 2006, extended the freeze for three years or until the Commission completed separations reform, whichever occurred first. The 2009 Separations Freeze Extension Order, 74 FR 23955, May 22, 2009, extended the freeze until June 30, 2010, and the 2010 Separations Freeze Extension Order, 75 FR 30301, June 1, 2010, extended the freeze until June 30, 2011. 3. The NPRM proposed extending the current freeze of part 36 category relationships and jurisdictional cost allocation factors used in jurisdictional separations, which freeze would otherwise expire on June 30, 2011, until June 30, 2012. The R&O adopts that proposal. The extension will allow the Commission to continue to work with the Federal-State Joint Board on Separations to achieve comprehensive separations reform. Pending comprehensive reform, the Commission concludes that the existing freeze should be extended on an interim basis to avoid the imposition of undue administrative burdens on incumbent LECs. The overwhelming majority of parties filing comments in response to VerDate Mar<15>2010 15:21 May 26, 2011 Jkt 223001 the NPRM supported extension of the freeze. 4. The extended freeze will be implemented as described in the 2001 Separations Freeze Order. Specifically, price-cap carriers would use the same relationships between categories of investment and expenses within part 32 accounts and the same jurisdictional allocation factors that have been in place since the inception of the current freeze on July 1, 2001. Rate-of-return carriers would use the same frozen jurisdictional allocation factors, and would use the same frozen category relationships if they had opted previously to freeze those as well. 5. As required by the Regulatory Flexibility Act, the Commission certifies that these regulatory amendments will not have a significant impact on small business entities. 6. The R&O does not propose any new or modified information collections subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it does not contain any new, modified, or proposed ‘‘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, 44 U.S.C. 3506(c)(4). 7. The Commission will send a copy of the R&O in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Ordering Clauses 8. Pursuant to sections 1, 4(i) and (j), 214(e), 254, and 410 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 214(e), 254, and 410, the R&O is adopted. 9. The report and order shall be effective June 27, 2011. 10. The Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the R&O, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 36 Communications common carriers, Reporting and recordkeeping requirements, Telephone, and Uniform System of Accounts. Federal Communications Commission. Marlene H. Dortch, Secretary. For the reasons discussed in the preamble, the Federal Communications PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 30841 Commission amends 47 CFR part 36 as follows: PART 36—JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES 1. The authority citation for part 36 continues to read as follows: ■ Authority: 47 U.S.C. Secs. 151, 154 (i) and (j), 205, 221(c), 254, 403, and 410. 2. In 47 CFR part 36 remove the words ‘‘June 30, 2011’’ and add, in their place, the words ‘‘June 30, 2012’’ in the following places: ■ a. Section 36.3(a), (b), (c), (d), and (e); ■ b. Section 36.123(a)(5) and (a)(6); ■ c. Section 36.124(c) and (d); ■ d. Section 36.125(h) and (i); ■ e. Section 36.126(b)(5), (c)(4), (e)(4), and (f)(2); ■ f. Section 36.141(c); ■ g. Section 36.142(c); ■ h. Section 36.152(d); ■ i. Section 36.154(g); ■ j. Section 36.155(b); ■ k. Section 36.156(c); ■ l. Section 36.157(b); ■ m. Section 36.191(d); ■ n. Section 36.212(c); ■ o. Section 36.214(a); ■ p. Section 36.372; ■ q. Section 36.374(b) and (d); ■ r. Section 36.375(b)(4) and (b)(5); ■ s. Section 36.377(a) introductory text, (a)(1)(ix), (a)(2)(vii), (a)(3)(vii), (a)(4)(vii), (a)(5)(vii), and (a)(6)(vii); ■ t. Section 36.378(b)(1); ■ u. Section 36.379(b)(1) and (b)(2); ■ v. Section 36.380(d) and (e); ■ w. Section 36.381(c) and (d); and ■ x. Section 36.382(a). ■ [FR Doc. 2011–12679 Filed 5–26–11; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket No. 10–51; FCC 11–54] Structure and Practices of the Video Relay Service Program; Correction Federal Communications Commission. ACTION: Final rule; correction. AGENCY: The Federal Communications Commission (FCC) is correcting a final rule that appeared in the Federal Register of May 2, 2011. The document SUMMARY: E:\FR\FM\27MYR1.SGM 27MYR1 30842 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Rules and Regulations adopted rules to address fraud, waste, and abuse in the Video Relay Service (VRS) industry. DATES: Effective June 1, 2011. FOR FURTHER INFORMATION CONTACT: Diane Mason, Consumer and Governmental Affairs Bureau, Disability Rights Office, at (202) 418–7126 or e-mail Diane.Mason@fcc.gov. SUPPLEMENTARY INFORMATION: This document makes the following corrections to the final rule published May 2, 2011, at 76 FR 24393: jdjones on DSK8KYBLC1PROD with RULES [Corrected] 1. On page 24393, column 3, revise the DATES section to read as follows: DATES: Effective June 1, 2011, except § 64.604(b)(4)(iii) of the Commission’s rules, which shall become effective August 30, 2011, and the following new provisions §§ 64.604(c)(5)(iii)(C)(2),(3), (4), and (7); 64.604(c)(5)(iii)(M); 64.604(c)(5)(iii)(N)(1)(v); and 64.604(c)(5)(iii)(N)(2) of the Commission’s rules; and the required submission for waiver request, which contains new information collection requirements subject to the Paperwork Reduction Act (PRA) that have not been approved by the Office of Management and Budget (OMB). Written comments by the public on the modified and new information collections are due by July 1, 2011. The Commission will publish a document in the Federal Register announcing the effective date of these rules and waiver requirement. [Corrected] 2. On page 24397, column 2, correct paragraph 18 to read as follows: 18. Lastly, the Commission seeks to reduce the risk that marketing and outreach efforts will continue to be vehicles for manufacturing fraudulent minutes, such as those described above. To the extent an eligible VRS provider contracts with a third party to provide any services or functions related to marketing or outreach, and such services utilize VRS, the costs for such services cannot be compensated from the TRS Fund on a per-minute basis. In addition, all agreements in connection with marketing and outreach activities, including those involving sponsorships, financial endorsements, awards, and gifts made by the provider to any individual or entity, must be described in the providers’ annual submissions to the TRS Fund administrator. The Commission recognizes that some companies currently offering VRS through an arrangement with an eligible provider may wish to continue providing this service on their own, yet may require additional time to make VerDate Mar<15>2010 15:21 May 26, 2011 Jkt 223001 adjustments to their operations in order to come into compliance with the new requirements adopted in this Order. To give these entities an opportunity to continue to provide VRS as a subcontractor with an eligible provider until such time as they obtain certification under new procedures to be adopted pursuant to the accompanying FNPRM, the Commission will consider requests for a temporary waiver of the new requirements. A company requesting a waiver of the rules adopted in document FCC 11–54 will have the burden of showing that the waiver is in the public interest, that grant of the waiver request will not undermine the purposes of the rules that we adopt today, and that it will come into compliance with those rules within a short period of time. Applicants requesting to receive a temporary waiver shall provide, in writing, a description of the specific requirement(s) for which it is seeking a waiver, along with documentation demonstrating the applicant’s plan and ability to come into compliance with all of these requirements (other than the certification requirement) within a specified period of time, which shall not exceed three months from the date on which the rules become effective. Evidence of the applicant’s plan and ability to come into compliance with the new rules shall include the applicant’s detailed plan for modifying its business structure and operations in order to meet the new requirements, along with submission of the following relevant documentation to support the waiver request: • A copy of each deed or lease for each call center operated by the applicant; • A list of individuals or entities that hold at least a 10 percent ownership share in the applicant’s business and a description of the applicant’s organizational structure, including the names of its executives, officers, partners, and board of directors; • A list of all of the names of applicant’s full-time and part-time employees; • Proofs of purchase or license agreements for use of all equipment and/or technologies, including hardware and software, used by the applicant for its call center functions, including but not limited to, automatic call distribution (ACD) routing, call setup, mapping, call features, billing for compensation from the TRS fund, and registration; • Copies of employment agreements for all of the provider’s executives and CAs; PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 • A list of all financing arrangements pertaining to the provision of Internetbased relay service, including documentation on loans for equipment, inventory, property, promissory notes, and liens; • Copies of all other agreements associated with the provision of Internet-based relay service; and • A list of all sponsorship arrangements (e.g., those providing financial support or in-kind interpreting or personnel service for social activities in exchange for brand marketing), including any associated agreements. [Corrected] 3. On page 24401, column 1, correct § 64.604 (c)(5)(iii)(L)(3) to read as follows: (3) If, the TRS provider submits additional justification for payment of the minutes of use in dispute within two months after being notified that its initial justification was insufficient, the Fund administrator or the Commission will review such additional justification documentation, and may ask further questions or conduct further investigation to evaluate whether to pay the TRS provider for the minutes of use in dispute, within eight months after submission of such additional justification. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2011–12681 Filed 5–26–11; 8:45 am] BILLING CODE 6712–01–P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 501, 552, and 570 [GSAR Amendment 2011–01; GSAR Case 2006–G508 (Change 48) Docket 2009–0017; Sequence 1] RIN 3090–AI96 General Services Administration Acquisition Regulation; Rewrite of Part 570; Acquiring Leasehold Interests in Real Property Office of Acquisition Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise sections that provide requirements for acquiring leasehold interests in real property. DATES: Effective Date: June 27, 2011. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. SUMMARY: E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30841-30842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12681]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 10-51; FCC 11-54]


Structure and Practices of the Video Relay Service Program; 
Correction

AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (FCC) is correcting a 
final rule that appeared in the Federal Register of May 2, 2011. The 
document

[[Page 30842]]

adopted rules to address fraud, waste, and abuse in the Video Relay 
Service (VRS) industry.

DATES: Effective June 1, 2011.

FOR FURTHER INFORMATION CONTACT: Diane Mason, Consumer and Governmental 
Affairs Bureau, Disability Rights Office, at (202) 418-7126 or e-mail 
Diane.Mason@fcc.gov.

SUPPLEMENTARY INFORMATION: This document makes the following 
corrections to the final rule published May 2, 2011, at 76 FR 24393:

[Corrected]

    1. On page 24393, column 3, revise the DATES section to read as 
follows:

DATES: Effective June 1, 2011, except Sec.  64.604(b)(4)(iii) of the 
Commission's rules, which shall become effective August 30, 2011, and 
the following new provisions Sec. Sec.  64.604(c)(5)(iii)(C)(2),(3), 
(4), and (7); 64.604(c)(5)(iii)(M); 64.604(c)(5)(iii)(N)(1)(v); and 
64.604(c)(5)(iii)(N)(2) of the Commission's rules; and the required 
submission for waiver request, which contains new information 
collection requirements subject to the Paperwork Reduction Act (PRA) 
that have not been approved by the Office of Management and Budget 
(OMB). Written comments by the public on the modified and new 
information collections are due by July 1, 2011. The Commission will 
publish a document in the Federal Register announcing the effective 
date of these rules and waiver requirement.

[Corrected]

    2. On page 24397, column 2, correct paragraph 18 to read as 
follows:
    18. Lastly, the Commission seeks to reduce the risk that marketing 
and outreach efforts will continue to be vehicles for manufacturing 
fraudulent minutes, such as those described above. To the extent an 
eligible VRS provider contracts with a third party to provide any 
services or functions related to marketing or outreach, and such 
services utilize VRS, the costs for such services cannot be compensated 
from the TRS Fund on a per-minute basis. In addition, all agreements in 
connection with marketing and outreach activities, including those 
involving sponsorships, financial endorsements, awards, and gifts made 
by the provider to any individual or entity, must be described in the 
providers' annual submissions to the TRS Fund administrator. The 
Commission recognizes that some companies currently offering VRS 
through an arrangement with an eligible provider may wish to continue 
providing this service on their own, yet may require additional time to 
make adjustments to their operations in order to come into compliance 
with the new requirements adopted in this Order. To give these entities 
an opportunity to continue to provide VRS as a subcontractor with an 
eligible provider until such time as they obtain certification under 
new procedures to be adopted pursuant to the accompanying FNPRM, the 
Commission will consider requests for a temporary waiver of the new 
requirements. A company requesting a waiver of the rules adopted in 
document FCC 11-54 will have the burden of showing that the waiver is 
in the public interest, that grant of the waiver request will not 
undermine the purposes of the rules that we adopt today, and that it 
will come into compliance with those rules within a short period of 
time. Applicants requesting to receive a temporary waiver shall 
provide, in writing, a description of the specific requirement(s) for 
which it is seeking a waiver, along with documentation demonstrating 
the applicant's plan and ability to come into compliance with all of 
these requirements (other than the certification requirement) within a 
specified period of time, which shall not exceed three months from the 
date on which the rules become effective. Evidence of the applicant's 
plan and ability to come into compliance with the new rules shall 
include the applicant's detailed plan for modifying its business 
structure and operations in order to meet the new requirements, along 
with submission of the following relevant documentation to support the 
waiver request:
     A copy of each deed or lease for each call center operated 
by the applicant;
     A list of individuals or entities that hold at least a 10 
percent ownership share in the applicant's business and a description 
of the applicant's organizational structure, including the names of its 
executives, officers, partners, and board of directors;
     A list of all of the names of applicant's full-time and 
part-time employees;
     Proofs of purchase or license agreements for use of all 
equipment and/or technologies, including hardware and software, used by 
the applicant for its call center functions, including but not limited 
to, automatic call distribution (ACD) routing, call setup, mapping, 
call features, billing for compensation from the TRS fund, and 
registration;
     Copies of employment agreements for all of the provider's 
executives and CAs;
     A list of all financing arrangements pertaining to the 
provision of Internet-based relay service, including documentation on 
loans for equipment, inventory, property, promissory notes, and liens;
     Copies of all other agreements associated with the 
provision of Internet-based relay service; and
     A list of all sponsorship arrangements (e.g., those 
providing financial support or in-kind interpreting or personnel 
service for social activities in exchange for brand marketing), 
including any associated agreements.

[Corrected]

    3. On page 24401, column 1, correct Sec.  64.604 (c)(5)(iii)(L)(3) 
to read as follows: (3) If, the TRS provider submits additional 
justification for payment of the minutes of use in dispute within two 
months after being notified that its initial justification was 
insufficient, the Fund administrator or the Commission will review such 
additional justification documentation, and may ask further questions 
or conduct further investigation to evaluate whether to pay the TRS 
provider for the minutes of use in dispute, within eight months after 
submission of such additional justification.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011-12681 Filed 5-26-11; 8:45 am]
BILLING CODE 6712-01-P
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