Contributions to the Telecommunications Relay Services Fund, 65965-65970 [2011-27480]
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
FEDERAL COMMUNICATIONS
COMMISSION
1. The authority citation for part 165
continues to read as follows:
47 CFR Parts 1 and 64
■
[CG Docket No. 11–47; FCC 11–150]
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T13–195 to read as
follows:
■
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(a) Location. This rule establishes a
safety zone on the Willamette River in
the vicinity of the Waverly Country
Club, Portland, Oregon: all waters on
the Willamette River between two lines;
line one starts on the east bank at
latitude 45°27′9.13″ N, longitude
122°39′20.99 W then stretches across
the river to the west bank at latitude
45°27′6.78″ N, longitude 122°39′31.31″
W, line two starts twelve hundred feet
upstream on the east bank at latitude
45°26′57.09″ N, longitude 122°39′14.35″
W then stretches across the river to the
west bank at latitude 45°26′53.81″ N,
longitude 122°39′25.40″ W.
Geographically this safety zone covers
all waters of the Willamette River in
front of the Waverly Country Club
extending upriver and downriver 600
feet from the firing site at approximate
latitude 45°27′3.60″ N, longitude
122°39′17.99″ W and extending over the
river to the west bank in a rectangular
shape.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
165, Subpart C, no person or vessel may
enter or remain in the safety zone
created by this section without the
permission of the Captain of the Port or
his designated representative.
Designated representatives are Coast
Guard personnel authorized by the
Captain of the Port to grant persons or
vessels permission to enter or remain in
the safety zone created by this section.
See 33 CFR part 165, Subpart C, for
additional information and
requirements.
(c) Enforcement Period. The safety
zone detailed in paragraph (a) is
effective from 8:30 p.m. until 10:30 p.m.
on November 5, 2011.
[FR Doc. 2011–27515 Filed 10–24–11; 8:45 am]
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Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) adopts rules to implement
a provision of the Twenty-First Century
Communications and Video
Accessibility Act of 2010 (CVAA),
which requires each provider of
interconnected voice over Internet
protocol (VoIP) service or noninterconnected VoIP service to begin
participating in and contributing to the
interstate Telecommunications Relay
Services (TRS) Fund in a manner
prescribed by regulation that is
consistent with and comparable to the
obligations of other TRS Fund
contributors.
DATES: Effective November 25, 2011.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Rosaline Crawford, Consumer and
Governmental Affairs Bureau, Disability
Rights Office, at (202) 418–2075 or
e-mail Rosaline.Crawford@fcc.gov. For
additional information concerning the
Paperwork Reduction Act (PRA)
information collection requirements
contained in document FCC 11–150,
contact Cathy Williams, Federal
Communications Commission, at (202)
418–2918 or e-mail
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
Contributions to the
Telecommunications Relay Service
Fund, Report and Order (Order),
document FCC 11–150, adopted October
7, 2011, released October 7, 2011, in CG
Docket No. 11–47.
The full text of document FCC 11–150
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,
SUMMARY:
§ 165.T13–195 Safety Zone; Waverly
Country Club Fireworks Display on the
Willamette River, Portland, OR.
Dated: September 22, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Columbia River.
Contributions to the
Telecommunications Relay Services
Fund
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65965
SW., Room CY–B402, Washington, DC
20554, telephone: (800) 378–3160, fax:
(202) 488–5563, or Internet: https://
www.bcpiweb.com. Document FCC 11–
150 can also be downloaded in Word or
Portable Document Format (PDF) at
https://www.fcc.gov/encyclopedia/
twenty-first-century-communicationsand-video-accessibility-act-0 and at
https://transition.fcc.gov/cgb/dro/
trs.html. 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).
Final Paperwork Reduction Act of 1995
Analysis
This document contains new and
modified information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens, invited the general
public to comment on the information
collection requirements contained in
document FCC 11–150 as required by
the Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, the Commission
previously sought specific comment on
how the Commission might ‘‘further
reduce the information collection
burden for small business concerns with
fewer than 25 employees.’’ See 44
U.S.C. 3506(c)(4). In this present
document, the Commission has assessed
the effects of the rules for contributions
to the TRS Fund and finds that the
collection of information requirements
will not have a significant impact on
small business concerns with fewer than
25 employees. The Commission
received pre-approval from OMB for the
information collection requirements on
May 23, 2011, and the information
collection requirements were adopted as
proposed. See OMB Control Number
3060–0855.
Congressional Review Act
The Commission will send a copy of
document FCC 11–150 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).
Synopsis
1. Document FCC 11–150 implements
a provision of the CVAA, Public Law
111–260, 124 Stat. 2751 (2010). The
CVAA added a new section 715, 47
U.S.C. 616, to the Communications Act
of 1934, as amended (the Act), which
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requires each interconnected VoIP
service provider and each provider of
non-interconnected VoIP service to
participate in and contribute to the TRS
Fund. Section 715 of the Act also
requires the Commission to adopt
regulations to provide for obligations of
such providers that are consistent with
and comparable to the obligations of
other contributors to the TRS Fund.
Currently, providers of interstate and
international telecommunications
services and interconnected VoIP
service contribute to the TRS Fund, but
non-interconnected VoIP providers do
not. In document FCC 11–150, the
Commission affirms that TRS Fund
contributions are assessed against
interstate end-user revenues. Where
interstate end-user revenues are
generated from non-interconnected VoIP
services offered with other (non-VoIP)
services, the Commission directs that
TRS contributions not be assessed
against those revenues unless the
providers of such services (1) also offer
the non-interconnected VoIP service on
a stand-alone basis for a fee; or (2) also
offer the non-VoIP services without the
non-interconnected VoIP services at a
different (discounted) price. Document
FCC 11–150 also affirms that only
service providers with interstate enduser revenues must contribute a
minimum of $25 to the TRS Fund. In
addition, document FCC 11–150
addresses registration and reporting
requirements, the methodology for
calculating interstate end-user revenues
by non-interconnected VoIP service
providers, and the implementation
deadlines for these providers.
Background
2. Section 225 to the Communications
Act, 47 U.S.C. 225(b)(1), requires the
Commission to ensure that TRS are
available to enable persons with hearing
or speech disabilities in the United
States to make and receive calls. The
Commission has recognized and permits
compensation for various forms of TRS,
including TTY-to-voice, speech-tospeech, captioned telephone relay
service, and Internet-based forms of
TRS, such as video relay service,
Internet protocol (IP) relay, and IP
captioned telephone relay service.
3. There are two components to the
cost recovery framework for interstate
TRS: (1) Collecting contributions which
are put into the TRS Fund; and (2)
compensating eligible TRS providers
from the TRS Fund for the costs of
providing eligible TRS services. Carriers
and, since 2007, interconnected VoIP
service providers contribute to the TRS
Fund on the basis of interstate end-user
telecommunications and interconnected
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VoIP revenues. The contribution
amount is the product of the service
provider’s interstate end-user revenues
and a contribution factor determined
annually by the Commission.
Contributors are required to register
with the Commission, designate a
District of Columbia agent for service of
process, and file a completed
Telecommunications Reporting
Worksheet (FCC Form 499–A) by April
1 of each year to report their interstate
end-user revenues.
4. Unlike providers of interconnected
VoIP service, providers of ‘‘noninterconnected VoIP service’’ have not
been required to contribute to the TRS
Fund. Nor have non-interconnected
VoIP service providers been required to
register with the Commission, designate
a District of Columbia agent for service
of process, or report revenues through
the annual filing of FCC Form 499–A for
any purpose.
5. On March 3, 2011, the Commission
released a Notice of Proposed
Rulemaking seeking comment on
proposals to implement section 715 of
the Act’s requirement for VoIP service
providers to participate in and
contribute to the TRS Fund. See
Contributions to the
Telecommunications Relay Services
Fund, Notice of Proposed Rulemaking,
published at 76 FR 18490, April 4, 2011
(TRS Contribution NPRM).
Definitions
6. As proposed in the TRS
Contribution NPRM, the Commission
amends the TRS rules to adopt the
CVAA definition of ‘‘interconnected
VoIP service,’’ 47 U.S.C. 153(25), as
defined in § 9.3 of the Commission’s
rules, ‘‘as such section may be amended
from time to time.’’ See 47 CFR 9.3 of
the Commission’s rules.
7. In addition, the Commission adds
the definition of ‘‘non-interconnected
VoIP service,’’ as set forth in the CVAA,
47 U.S.C. 153(36), to the TRS rules at 47
CFR 64.601(a). The CVAA defines ‘‘noninterconnected VoIP service’’ as a
service that (1) enables real-time voice
communications that originate from or
terminate to the user’s location using
Internet protocol or any successor
protocol; (2) requires Internet protocol
compatible customer premises
equipment; and (3) does not include any
service that is an interconnected VoIP
service.
Participation in and Contribution to the
TRS Fund
8. Revenue Base. Currently,
contributions to the TRS Fund from
carriers and interconnected VoIP service
providers are based on ‘‘interstate end-
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user telecommunications revenues.’’ 47
CFR 64.604(c)(5)(iii)(A) of the
Commission’s rules. To achieve
consistency with the obligations of other
providers that must contribute to the
TRS Fund, the Commission will base all
TRS Fund contributions of noninterconnected VoIP service providers
only on their interstate end-user
revenues at this time. The Commission
will not require non-interconnected
VoIP service providers who do not
generate interstate end-user revenues
(i.e., who offer their services for free) to
contribute to the TRS Fund. The
Commission reserves the right to re-visit
ways to assess contributions based on
revenue from alternate or additional
sources from providers of these
technologies (e.g., advertising) to
support TRS in the future.
9. Specifically, the Commission
requires providers that offer noninterconnected VoIP services on a standalone basis for a fee to contribute to the
TRS Fund on the basis of their interstate
end-user revenues generated from such
services. The Commission also requires
providers of non-interconnected VoIP
services that are offered with other (nonVoIP) services that generate end-user
revenues to allocate a portion of those
end-user revenues to the noninterconnected VoIP service in two
circumstances: (1) When those
providers also offer the noninterconnected VoIP service on a standalone basis for a fee; or (2) when those
providers also offer the other (non-VoIP)
services without the non-interconnected
VoIP service feature at a different
(discounted) price. Such providers may
use the safe harbor methods established
in the CPE Bundling Order for allocating
revenues, published at 66 FR 19398,
April 6, 2001. The Commission also
notes that nothing in document FCC 11–
150 disturbs or calls into question the
validity of apportioning assessable
revenues from bundled services
offerings for purposes of Universal
Service Fund (USF) contributions, as
currently allowed under the CPE
Bundling Order.
10. For all other providers of noninterconnected VoIP service, the
Commission finds good cause to waive
their TRS Fund contribution obligations
until further notice. In other words, the
Commission waives the TRS Fund
contribution requirements (registration,
reporting, and payment of
contributions) for providers of noninterconnected VoIP services other than
(A) providers that offer noninterconnected VoIP services on a standalone basis for a fee; and (B) providers
of non-interconnected VoIP services that
are offered with other (non-VoIP)
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services that generate end-user revenues
(1) when those providers also offer the
non-interconnected VoIP service on a
stand-alone basis for a fee, or (2) when
those providers also offer the other
(non-VoIP) services without the noninterconnected VoIP service feature at a
different (discounted) price. As the
Commission gains experience with the
practices of providers of noninterconnected VoIP services, it may revisit the continued need for this waiver
and the extent to which it needs to
revise its rules governing these
assessments, to ensure consistent and
comparable obligations among all TRS
Fund contributors.
11. Minimum Contribution
Requirement. The Commission’s current
rules do not require telecommunications
or interconnected VoIP service
providers that have no end-user
revenues for a given reporting year to
contribute the minimum $25 or a ‘‘de
minimis’’ amount to the TRS Fund.
Because the Commission finds that
imposing a minimum contribution
requirement for non-interconnected
VoIP service providers with no end-user
revenues would not be consistent with
or comparable to the obligations of other
contributors, as directed by the CVAA,
it will not require a minimum
contribution requirement for these
providers.
12. Contributor Registration. The
Commission requires noninterconnected VoIP service providers
with interstate end-user revenues to
register with the Commission and
designate a District of Columbia agent
for service of process. Registration with
the Commission includes obtaining an
FCC registration number (FRN) from the
Commission registration system
(CORES), in accordance with the FCC
Form 499–A Instructions. The
Commission further adopts this
registration requirement as part of the
TRS rules and also amends 47 CFR
1.47(h) of its rules to make these
requirements applicable to noninterconnected VoIP service providers
with interstate end-user revenues that
are subject to contribution to the TRS
Fund.
13. FCC Form 499–A. The
Commission amends the TRS rules to
require non-interconnected VoIP service
providers to contribute to the TRS Fund
and directs them to use FCC Form 499–
A to report their interstate end-user
revenues for purposes of TRS Fund
contributions. The 2012 version of FCC
Form 499–A has a new line 418.4
designated for reporting ‘‘noninterconnected VoIP revenues not
included in any other category,’’ which
shall be used for this purpose. The
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Commission also modifies TRS rule 47
CFR 64.604(c)(5)(iii)(A) of its rules by
replacing the phrase ‘‘interstate enduser telecommunications revenues’’
with ‘‘interstate end-user revenues’’ and
by deleting the last sentence. These
changes will serve to distinguish noninterconnected VoIP service revenues
from telecommunications revenues
when these are reported on FCC Form
499–A.
14. Interstate Revenue Safe Harbor.
Because some interconnected VoIP
service providers may not have the
ability to identify whether their calls are
interstate, the Commission’s rules
permit an interconnected VoIP service
provider to use actual revenues, a traffic
study, or the interim safe harbor
percentage of 64.9 (to estimate the
interstate portion of total end-user
revenues) for the purposes of reporting
interstate end-user revenues on the FCC
Form 499–A and making TRS Fund
contributions. The Commission now
concludes that it is also appropriate to
permit non-interconnected VoIP service
providers to report their interstate enduser revenues using actual revenues, a
traffic study, or the interim 64.9 percent
safe harbor.
15. Billed or Collected Revenue. The
Commission concludes that, consistent
with the manner in which USF
assessable revenues are determined, the
contribution base for TRS will be
determined from gross billed revenues,
minus uncollectible revenues/bad debt
expenses. Revising calculations in this
manner will achieve greater consistency
in the administration of the USF and
TRS Fund.
16. Conforming Amendments to
Rules. The Commission replaces the
terms ‘‘carrier,’’ ‘‘carriers,’’ and ‘‘service
providers’’ in 47 CFR 64.604(c)(5)(iii)(B)
of its rules with the term
‘‘contributor(s).’’ Similarly, the
Commission replaces the terms
‘‘interstate end-user
telecommunications revenues’’ and
‘‘interstate end-user revenues of such
services’’ in 47 CFR 64.604(c)(5)(iii)(B)
of its rules with the term ‘‘revenues
subject to contributions.’’
17. Implementation Deadlines.
Section 715 of the Act requires the
Commission to ensure that each
provider of interconnected and noninterconnected VoIP service participates
in and contributes to the TRS Fund
within one year after the CVAA’s
enactment, i.e., by October 8, 2011.
Interconnected VoIP service providers
have already met this statutory
requirement because they have been
reporting revenues and contributing to
the TRS Fund on an annual basis since
2007. The Commission adopts the
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following deadlines for noninterconnected VoIP service providers
that have interstate end-user revenues
that are subject to contribution to the
TRS Fund:
• By December 31, 2011, noninterconnected VoIP service providers
shall register with the Commission and
designate a District of Columbia agent
for service of process using FCC Form
499–A in accordance with the form’s
instructions.
• By April 1, 2012, noninterconnected VoIP service providers
shall complete and submit FCC Form
499–A to report fourth-quarter 2011
interstate end-user revenues, which
shall be the basis for TRS Fund
contributions for the 2012–2013 funding
period.
Final Regulatory Flexibility
Certification
18. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that a
regulatory flexibility analysis be
prepared for rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.’’
See 5 U.S.C. 603. 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. 5 U.S.C.
601(3). 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).
15 U.S.C. 632.
19. The Commission adopts rules to
require providers of non-interconnected
VoIP service to contribute to the
interstate TRS Fund. Noninterconnected VoIP services enable
real-time voice communications that
originate from or terminate to the user’s
location using Internet protocol or any
successor protocol, requires Internet
protocol compatible customer premises
equipment, and does not include any
service that is an interconnected VoIP
service. 47 U.S.C. 153(36). TRS are
services that enable individuals who are
deaf, hard of hearing, deaf-blind, or who
have a speech disability to make and
receive calls. 47 U.S.C. 225(b)(1). There
are two components to the cost recovery
framework for interstate TRS:
(1) Collecting contributions which are
put into the interstate TRS Fund; and (2)
compensating TRS providers from the
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TRS Fund for the costs of providing TRS
services. Document FCC 11–150
addresses the first component—
contributions to the interstate TRS
Fund.
20. In summary, the rules adopted in
document FCC 11–150 require providers
of non-interconnected VoIP services that
generate interstate end-user revenues to
take the following actions: Register with
the Commission; designate a District of
Columbia agent for service of process;
complete and submit a
Telecommunications Reporting
Worksheet (FCC Form 499–A) annually
to report their interstate end-user
revenues; and contribute approximately
one percent of their interstate end-user
revenues or a minimum $25 to the TRS
Fund. As described more fully below,
these actions will not have a significant
economic impact on providers of noninterconnected VoIP services with
interstate end-user revenues. Further,
the rules adopted in document FCC 11–
150 will have no economic impact on
providers of free non-interconnected
VoIP services, because those providers
are not required to take any action.
21. In the TRS Contribution NPRM,
published at 76 FR 18490, April 4, 2011,
the Commission concluded that no
Initial Regulatory Flexibility Analysis
was required because, even if a
substantial number of small entities
might be affected by the proposed rules,
the cumulative economic impact on any
entity required to participate in and
contribute to the TRS Fund will be de
minimis. The Commission now certifies
that the rules adopted in document FCC
11–150 will not have a significant
economic impact on a substantial
number of small entities.
22. The rules adopted in document
FCC 11–150 implement section 103(b)
of the CVAA, Public Law 111–260,
section 103(b), 124 Stat. 2751, 2755
(2010). Section 103(b) of the CVAA adds
section 715 to the Communications Act.
47 U.S.C. 616. Section 715 of the Act
requires each provider of interconnected
VoIP service provider or noninterconnected VoIP service to
participate in and contribute to the
interstate TRS Fund by October 8, 2011,
in a manner that is consistent with and
comparable to the obligations of other
TRS Fund contributors. Carriers have
been contributing to the TRS Fund since
its inception. Providers of
interconnected VoIP services have been
contributing to the TRS Fund since
2007. The CVAA, in effect, affirms the
contribution requirement for providers
of interconnected VoIP services, and
extends this contribution requirement to
non-interconnected VoIP service
providers.
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23. Currently, all TRS Fund
contributors must register with the
Commission and designate a District of
Columbia agent for service of process.
Contributors file a completed FCC Form
499–A annually to report their interstate
end-user revenues. Contributions to the
TRS Fund are made on the basis of
interstate end-user revenues. The
amount of interstate end-user revenues
reported on FCC Form 499–A is
multiplied by a contribution factor,
determined annually by the
Commission, to compute the amount of
the TRS Fund contribution for that year.
Historically, contributions to the TRS
Fund have been slightly less than one
percent of interstate end-user revenues.
24. The rules adopted in document
FCC 11–150 require non-interconnected
VoIP service providers with interstate
end-user revenues to also register with
the Commission and designate a District
of Columbia agent for service of process
using FCC Form 499–A in accordance
with its instructions. These providers
must also complete and submit FCC
Form 499–A annually to report their
interstate end-user revenues. It has
previously been estimated that filling
out the FCC Form 499–A takes 13.5
hours (i.e., less than two work days of
a single full-time employee) annually.
Thus, completing and submitting FCC
Form 499–A does not have a significant
economic impact upon small entities.
25. Document FCC 11–150 affirms
that contributions to the TRS Fund are
made on the basis of interstate end-user
revenues. Non-interconnected VoIP
service providers that offer their
services for free have no interstate enduser revenues and, therefore, no
requirement to register with the
Commission, designate a District of
Columbia agent for service of process,
complete and submit a FCC Form 499–
A, or contribute any amount to the TRS
Fund. Consequently, these rules will not
have any economic impact on providers
of free non-interconnected VoIP
services.
26. TRS Fund contributions will be
assessed against interstate end-user
revenues from non-interconnected VoIP
services provided as a stand-alone
offering for a fee (not for free). TRS
Fund contributions will also be assessed
against the interstate end-user revenues
generated from other (non-VoIP)
services (e.g., a video gaming service)
that have a non-interconnected VoIP
service feature or function: (1) When
these providers also offer the noninterconnected VoIP service on a standalone basis for a fee; or (2) when these
providers also offer the other (non-VoIP)
services without the non-interconnected
VoIP service feature at a different
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(discounted) price. Such providers may
use the safe harbor methods identified
in the CPE Bundling Order for allocating
and reporting revenues. See CPE
Bundling Order, published at 66 FR
19393, April 16, 2001. Historically,
contributions to the TRS Fund have
been slightly less than one percent of
revenues. The contribution factor for the
2011–2012 TRS Fund year is 1.058
percent. See Telecommunications Relay
Services and Speech-to-Speech Services
for Individuals With Hearing and
Speech Disabilities; Structure and
Practices of the Video Relay Service
Program, Order, published at 76 FR
44326, July 25, 2011. This contribution
rate will not have a significant economic
impact upon small entities.
27. Document FCC 11–150 also
affirms that service providers with
interstate end-user revenues must
contribute a minimum of $25 to the TRS
Fund. See 47 CFR 64.604(c)(5)(iii)(B) of
the Commission’s rules. A $25
contribution does not constitute a
significant economic impact on small
entities.
28. Therefore, based on the foregoing
analysis of all foreseeable economic
impacts, the Commission certifies that
the requirements of document FCC 11–
150 will not have a significant economic
impact on a substantial number of small
entities.
29. The Commission will send a copy
of document FCC 11–150, including a
copy of the Final Regulatory Flexibility
Certification, in a report to Congress
pursuant to the Congressional Review
Act. See 5 U.S.C. 801(a)(1)(A). In
addition, document FCC 11–150 and the
final certification will be sent to the
Chief Counsel for Advocacy of the SBA.
5 U.S.C. 605(b).
Ordering Clauses
Pursuant to the authority contained in
sections 1, 4(i), 4(j), 225, and 715 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 154(j),
225, and 616, document FCC 11–150 is
adopted.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, SHALL SEND a
copy of document FCC 11–150,
including the Final Regulatory
Flexibility Certification, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects
47 CFR Part 1
Communications common carriers,
Reporting and recordkeeping
requirements, Telecommunications.
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations
47 CFR Part 64
Reporting and recordkeeping
requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 1 and
64 as follows:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 227, 303(r),
and 309.
2. In § 1.47, revise paragraph (h) to
read as follows:
■
§ 1.47 Service of documents and proof of
service.
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*
*
*
*
*
(h) Every common carrier and
interconnected VoIP provider, as
defined in § 54.5 of this chapter, and
non-interconnected VoIP provider, as
defined in § 64.601(a)(15) of this chapter
and with interstate end-user revenues
that are subject to contribution to the
Telecommunications Relay Service
Fund, that is subject to the
Communications Act of 1934, as
amended, shall designate an agent in the
District of Columbia, and may designate
additional agents if it so chooses, upon
whom service of all notices, process,
orders, decisions, and requirements of
the Commission may be made for and
on behalf of such carrier, interconnected
VoIP provider, or non-interconnected
VoIP provider in any proceeding before
the Commission. Such designation shall
include, for the carrier, interconnected
VoIP provider, or non-interconnected
VoIP provider and its designated agents,
a name, business address, telephone or
voicemail number, facsimile number,
and, if available, Internet e-mail
address. Such carrier, interconnected
VoIP provider, or non-interconnected
VoIP provider shall additionally list any
other names by which it is known or
under which it does business, and, if the
carrier, interconnected VoIP provider, or
non-interconnected VoIP provider is an
affiliated company, the parent, holding,
or management company. Within thirty
(30) days of the commencement of
provision of service, such carrier,
interconnected VoIP provider, or noninterconnected VoIP provider shall file
such information with the Chief of the
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15:13 Oct 24, 2011
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Enforcement Bureau’s Market Disputes
Resolution Division. Such carriers,
interconnected VoIP providers, and
non-interconnected VoIP providers may
file a hard copy of the relevant portion
of the Telecommunications Reporting
Worksheet, as delineated by the
Commission in the Federal Register, to
satisfy this requirement. Each
Telecommunications Reporting
Worksheet filed annually by a common
carrier, interconnected VoIP provider, or
non-interconnected VoIP provider must
contain a name, business address,
telephone or voicemail number,
facsimile number, and, if available,
Internet e-mail address for its
designated agents, regardless of whether
such information has been revised since
the previous filing. Carriers,
interconnected VoIP providers, and
non-interconnected VoIP providers
must notify the Commission within one
week of any changes in their
designation information by filing
revised portions of the
Telecommunications Reporting
Worksheet with the Chief of the
Enforcement Bureau’s Market Disputes
Resolution Division. A paper copy of
this designation list shall be maintained
in the Office of the Secretary of the
Commission. Service of any notice,
process, orders, decisions or
requirements of the Commission may be
made upon such carrier, interconnected
VoIP provider, or non-interconnected
VoIP provider by leaving a copy thereof
with such designated agent at his office
or usual place of residence. If such
carrier, interconnected VoIP provider, or
non-interconnected VoIP provider fails
to designate such an agent, service of
any notice or other process in any
proceeding before the Commission, or of
any order, decision, or requirement of
the Commission, may be made by
posting such notice, process, order,
requirement, or decision in the Office of
the Secretary of the Commission.
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
3. The authority citation for part 64 is
revised to read as follows:
■
Authority: 47 U.S.C. 154, 254(k), 227; secs.
404(b)(2)(B), (c), Pub. L. 104–104, 110 Stat.
56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, and 620,
unless otherwise noted.
Subpart F—Telecommunications Relay
Services and Related Customer
Premises Equipment for Persons With
Disabilities
4. The authority citation for subpart F
is revised to read as follows:
■
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Frm 00037
Fmt 4700
Sfmt 4700
65969
Authority: 47 U.S.C. 151–154; 225, 255,
303(r), 616, and 620.
5. In § 64.601, revise paragraph
(a)(10), redesignate paragraphs (a)(15)
through (a)(28) as paragraphs (a)(16)
through (a)(29), and add new paragraph
(a)(15) to read as follows:
■
§ 64.601 Definitions and provisions of
general applicability.
(a) * * *
(10) Interconnected VoIP service. The
term ‘‘interconnected VoIP service’’ has
the meaning given such term under § 9.3
of title 47, Code of Federal Regulations,
as such section may be amended from
time to time.
*
*
*
*
*
(15) Non-interconnected VoIP service.
The term ‘‘non-interconnected VoIP
service’’—
(i) Means a service that—
(A) Enables real-time voice
communications that originate from or
terminate to the user’s location using
Internet protocol or any successor
protocol; and
(B) Requires Internet protocol
compatible customer premises
equipment; and
(ii) Does not include any service that
is an interconnected VoIP service.
*
*
*
*
*
6. In § 64.604, revise paragraphs
(c)(5)(iii)(A) and (c)(5)(iii)(B), remove
paragraph (c)(5)(iii)(D), redesignate
paragraph (c)(5)(iii)(C) as paragraph
(c)(5)(iii)(D), and add new paragraph
(c)(5)(iii)(C) to read as follows:
§ 64.604
Mandatory minimum standards.
*
*
*
*
*
(c) * * *
(5) * * *
(iii) * * *
(A) Contributions. Every carrier
providing interstate telecommunications
services (including interconnected VoIP
service providers pursuant to
§ 64.601(b)) and every provider of noninterconnected VoIP service shall
contribute to the TRS Fund on the basis
of interstate end-user revenues as
described herein. Contributions shall be
made by all carriers who provide
interstate services, including, but not
limited to, cellular telephone and
paging, mobile radio, operator services,
personal communications service (PCS),
access (including subscriber line
charges), alternative access and special
access, packet-switched, WATS, 800,
900, message telephone service (MTS),
private line, telex, telegraph, video,
satellite, intraLATA, international and
resale services.
(B) Contribution computations.
Contributors’ contributions to the TRS
fund shall be the product of their
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Rules and Regulations
subject revenues for the prior calendar
year and a contribution factor
determined annually by the
Commission. The contribution factor
shall be based on the ratio between
expected TRS Fund expenses to the
contributors’ revenues subject to
contribution. In the event that
contributions exceed TRS payments and
administrative costs, the contribution
factor for the following year will be
adjusted by an appropriate amount,
taking into consideration projected cost
and usage changes. In the event that
contributions are inadequate, the fund
administrator may request authority
from the Commission to borrow funds
commercially, with such debt secured
by future years’ contributions. Each
subject contributor that has revenues
subject to contribution must contribute
at least $25 per year. Contributors
whose annual contributions total less
than $1,200 must pay the entire
contribution at the beginning of the
contribution period. Contributors whose
contributions total $1,200 or more may
divide their contributions into equal
monthly payments. Contributors shall
complete and submit, and contributions
shall be based on, a
‘‘Telecommunications Reporting
Worksheet’’ (as published by the
Commission in the Federal Register).
The worksheet shall be certified to by an
officer of the contributor, and subject to
verification by the Commission or the
administrator at the discretion of the
Commission. Contributors’ statements
in the worksheet shall be subject to the
provisions of section 220 of the
Communications Act of 1934, as
amended. The fund administrator may
bill contributors a separate assessment
for reasonable administrative expenses
and interest resulting from improper
filing or overdue contributions. The
Chief of the Consumer and
Governmental Affairs Bureau may
waive, reduce, modify or eliminate
contributor reporting requirements that
prove unnecessary and require
additional reporting requirements that
the Bureau deems necessary to the
sound and efficient administration of
the TRS Fund.
(C) Registration Requirements for
Providers of Non-Interconnected VoIP
Service.
(1). Applicability. A noninterconnected VoIP service provider
that will provide interstate service that
generates interstate end-user revenue
that is subject to contribution to the
Telecommunications Relay Service
Fund shall file the registration
information described in paragraph
(c)(5)(iii)(C)(2) of this section in
accordance with the procedures
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15:13 Oct 24, 2011
Jkt 226001
described in paragraphs (c)(5)(iii)(C)(3)
and (c)(5)(iii)(C)(4) of this section. Any
non-interconnected VoIP service
provider already providing interstate
service that generates interstate end-user
revenue that is subject to contribution to
the Telecommunications Relay Service
Fund on the effective date of these rules
shall submit the relevant portion of its
FCC Form 499–A in accordance with
paragraphs (c)(5)(iii)(C)(2) and (3) of this
section.
(2). Information required for purposes
of TRS Fund contributions. A noninterconnected VoIP service provider
that is subject to the registration
requirement pursuant to paragraph
(c)(5)(iii)(C)(1) of this section shall
provide the following information:
(i) The provider’s business name(s)
and primary address;
(ii) The names and business addresses
of the provider’s chief executive officer,
chairman, and president, or, in the
event that a provider does not have such
executives, three similarly senior-level
officials of the provider;
(iii) The provider’s regulatory contact
and/or designated agent;
(iv) All names that the provider has
used in the past; and
(v) The state(s) in which the provider
provides such service.
(3). Submission of registration. A
provider that is subject to the
registration requirement pursuant to
paragraph (c)(5)(iii)(C)(1) of this section
shall submit the information described
in paragraph (c)(5)(iii)(C)(2) of this
section in accordance with the
Instructions to FCC Form 499–A. FCC
Form 499–A must be submitted under
oath and penalty of perjury.
(4). Changes in information. A
provider must notify the Commission of
any changes to the information provided
pursuant to paragraph (c)(5)(iii)(C)(2) of
this section within no more than one
week of the change. Providers may
satisfy this requirement by filing the
relevant portion of FCC Form 499–A in
accordance with the Instructions to such
form.
*
*
*
*
*
[FR Doc. 2011–27480 Filed 10–24–11; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 101
[WT Docket No. 10–153; RM–11602; DA 11–
1674]
Facilitating the use of Microwave for
Wireless Backhaul and Other Uses and
Providing Additional Flexibility To
Broadcast Auxiliary Service and
Operational Fixed Microwave
Licensees
Federal Communications
Commission.
AGENCY:
ACTION:
This document contains
corrections to the final regulations
which were published in the Federal
Register on Tuesday, September 27,
2011 (76 FR 59559), of a Report and
Order and Memorandum Opinion and
Order, FCC 11–120, adopted and
released on August 9, 2011. This
document corrects Appendix A by
correcting adopted § 101.147(p).
SUMMARY:
DATES:
Effective on October 27, 2011.
John
Schauble, Wireless Telecommunications
Bureau, Broadband Division, at 202–
418–0797 or by e-mail to
John.Schauble@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
The FCC
published a document in the Federal
Register on September 27, 2011 (76 FR
59559), adopting final rules in
§ 101.147(p). In the Federal Register
document FCC 11–120, published on
September 27, 2011 (76 FR 59559), the
table under § 101.147(p)(2)(v) was
incorrect. This document makes the
following correction.
SUPPLEMENTARY INFORMATION:
PART 101 [CORRECTED]
§ 101.147
[Corrected]
In the FR Doc. 2011–23001, published
on September 27, 2011 (76 FR 59559),
make the following correction. On page
59574, in the first and second columns,
§ 101.147(p)(2)(v) is corrected to read as
follows:
(v) 50 MHz bandwidth channels:
■
BILLING CODE 6712–01–P
PO 00000
Final rule; correction.
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(transmit)
(MHz)
12725
12775
12825
12875
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(receive)
(MHz)
12950
13000
13050
13100
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]]>Agencies
[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Rules and Regulations]
[Pages 65965-65970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27480]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 64
[CG Docket No. 11-47; FCC 11-150]
Contributions to the Telecommunications Relay Services Fund
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) adopts rules to implement a provision of the Twenty-
First Century Communications and Video Accessibility Act of 2010
(CVAA), which requires each provider of interconnected voice over
Internet protocol (VoIP) service or non-interconnected VoIP service to
begin participating in and contributing to the interstate
Telecommunications Relay Services (TRS) Fund in a manner prescribed by
regulation that is consistent with and comparable to the obligations of
other TRS Fund contributors.
DATES: Effective November 25, 2011.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Rosaline Crawford, Consumer and
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2075 or e-mail Rosaline.Crawford@fcc.gov. For additional information
concerning the Paperwork Reduction Act (PRA) information collection
requirements contained in document FCC 11-150, contact Cathy Williams,
Federal Communications Commission, at (202) 418-2918 or e-mail
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Contributions to the Telecommunications Relay Service Fund, Report and
Order (Order), document FCC 11-150, adopted October 7, 2011, released
October 7, 2011, in CG Docket No. 11-47.
The full text of document FCC 11-150 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 11-150 can also be downloaded in Word or
Portable Document Format (PDF) at https://www.fcc.gov/encyclopedia/twenty-first-century-communications-and-video-accessibility-act-0 and
at https://transition.fcc.gov/cgb/dro/trs.html. 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).
Final Paperwork Reduction Act of 1995 Analysis
This document contains new and modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invited the general public to comment on the
information collection requirements contained in document FCC 11-150 as
required by the Paperwork Reduction Act of 1995, Public Law 104-13. In
addition, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198, the Commission previously sought specific comment
on how the Commission might ``further reduce the information collection
burden for small business concerns with fewer than 25 employees.'' See
44 U.S.C. 3506(c)(4). In this present document, the Commission has
assessed the effects of the rules for contributions to the TRS Fund and
finds that the collection of information requirements will not have a
significant impact on small business concerns with fewer than 25
employees. The Commission received pre-approval from OMB for the
information collection requirements on May 23, 2011, and the
information collection requirements were adopted as proposed. See OMB
Control Number 3060-0855.
Congressional Review Act
The Commission will send a copy of document FCC 11-150 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).
Synopsis
1. Document FCC 11-150 implements a provision of the CVAA, Public
Law 111-260, 124 Stat. 2751 (2010). The CVAA added a new section 715,
47 U.S.C. 616, to the Communications Act of 1934, as amended (the Act),
which
[[Page 65966]]
requires each interconnected VoIP service provider and each provider of
non-interconnected VoIP service to participate in and contribute to the
TRS Fund. Section 715 of the Act also requires the Commission to adopt
regulations to provide for obligations of such providers that are
consistent with and comparable to the obligations of other contributors
to the TRS Fund. Currently, providers of interstate and international
telecommunications services and interconnected VoIP service contribute
to the TRS Fund, but non-interconnected VoIP providers do not. In
document FCC 11-150, the Commission affirms that TRS Fund contributions
are assessed against interstate end-user revenues. Where interstate
end-user revenues are generated from non-interconnected VoIP services
offered with other (non-VoIP) services, the Commission directs that TRS
contributions not be assessed against those revenues unless the
providers of such services (1) also offer the non-interconnected VoIP
service on a stand-alone basis for a fee; or (2) also offer the non-
VoIP services without the non-interconnected VoIP services at a
different (discounted) price. Document FCC 11-150 also affirms that
only service providers with interstate end-user revenues must
contribute a minimum of $25 to the TRS Fund. In addition, document FCC
11-150 addresses registration and reporting requirements, the
methodology for calculating interstate end-user revenues by non-
interconnected VoIP service providers, and the implementation deadlines
for these providers.
Background
2. Section 225 to the Communications Act, 47 U.S.C. 225(b)(1),
requires the Commission to ensure that TRS are available to enable
persons with hearing or speech disabilities in the United States to
make and receive calls. The Commission has recognized and permits
compensation for various forms of TRS, including TTY-to-voice, speech-
to-speech, captioned telephone relay service, and Internet-based forms
of TRS, such as video relay service, Internet protocol (IP) relay, and
IP captioned telephone relay service.
3. There are two components to the cost recovery framework for
interstate TRS: (1) Collecting contributions which are put into the TRS
Fund; and (2) compensating eligible TRS providers from the TRS Fund for
the costs of providing eligible TRS services. Carriers and, since 2007,
interconnected VoIP service providers contribute to the TRS Fund on the
basis of interstate end-user telecommunications and interconnected VoIP
revenues. The contribution amount is the product of the service
provider's interstate end-user revenues and a contribution factor
determined annually by the Commission. Contributors are required to
register with the Commission, designate a District of Columbia agent
for service of process, and file a completed Telecommunications
Reporting Worksheet (FCC Form 499-A) by April 1 of each year to report
their interstate end-user revenues.
4. Unlike providers of interconnected VoIP service, providers of
``non-interconnected VoIP service'' have not been required to
contribute to the TRS Fund. Nor have non-interconnected VoIP service
providers been required to register with the Commission, designate a
District of Columbia agent for service of process, or report revenues
through the annual filing of FCC Form 499-A for any purpose.
5. On March 3, 2011, the Commission released a Notice of Proposed
Rulemaking seeking comment on proposals to implement section 715 of the
Act's requirement for VoIP service providers to participate in and
contribute to the TRS Fund. See Contributions to the Telecommunications
Relay Services Fund, Notice of Proposed Rulemaking, published at 76 FR
18490, April 4, 2011 (TRS Contribution NPRM).
Definitions
6. As proposed in the TRS Contribution NPRM, the Commission amends
the TRS rules to adopt the CVAA definition of ``interconnected VoIP
service,'' 47 U.S.C. 153(25), as defined in Sec. 9.3 of the
Commission's rules, ``as such section may be amended from time to
time.'' See 47 CFR 9.3 of the Commission's rules.
7. In addition, the Commission adds the definition of ``non-
interconnected VoIP service,'' as set forth in the CVAA, 47 U.S.C.
153(36), to the TRS rules at 47 CFR 64.601(a). The CVAA defines ``non-
interconnected VoIP service'' as a service that (1) enables real-time
voice communications that originate from or terminate to the user's
location using Internet protocol or any successor protocol; (2)
requires Internet protocol compatible customer premises equipment; and
(3) does not include any service that is an interconnected VoIP
service.
Participation in and Contribution to the TRS Fund
8. Revenue Base. Currently, contributions to the TRS Fund from
carriers and interconnected VoIP service providers are based on
``interstate end-user telecommunications revenues.'' 47 CFR
64.604(c)(5)(iii)(A) of the Commission's rules. To achieve consistency
with the obligations of other providers that must contribute to the TRS
Fund, the Commission will base all TRS Fund contributions of non-
interconnected VoIP service providers only on their interstate end-user
revenues at this time. The Commission will not require non-
interconnected VoIP service providers who do not generate interstate
end-user revenues (i.e., who offer their services for free) to
contribute to the TRS Fund. The Commission reserves the right to re-
visit ways to assess contributions based on revenue from alternate or
additional sources from providers of these technologies (e.g.,
advertising) to support TRS in the future.
9. Specifically, the Commission requires providers that offer non-
interconnected VoIP services on a stand-alone basis for a fee to
contribute to the TRS Fund on the basis of their interstate end-user
revenues generated from such services. The Commission also requires
providers of non-interconnected VoIP services that are offered with
other (non-VoIP) services that generate end-user revenues to allocate a
portion of those end-user revenues to the non-interconnected VoIP
service in two circumstances: (1) When those providers also offer the
non-interconnected VoIP service on a stand-alone basis for a fee; or
(2) when those providers also offer the other (non-VoIP) services
without the non-interconnected VoIP service feature at a different
(discounted) price. Such providers may use the safe harbor methods
established in the CPE Bundling Order for allocating revenues,
published at 66 FR 19398, April 6, 2001. The Commission also notes that
nothing in document FCC 11-150 disturbs or calls into question the
validity of apportioning assessable revenues from bundled services
offerings for purposes of Universal Service Fund (USF) contributions,
as currently allowed under the CPE Bundling Order.
10. For all other providers of non-interconnected VoIP service, the
Commission finds good cause to waive their TRS Fund contribution
obligations until further notice. In other words, the Commission waives
the TRS Fund contribution requirements (registration, reporting, and
payment of contributions) for providers of non-interconnected VoIP
services other than (A) providers that offer non-interconnected VoIP
services on a stand-alone basis for a fee; and (B) providers of non-
interconnected VoIP services that are offered with other (non-VoIP)
[[Page 65967]]
services that generate end-user revenues (1) when those providers also
offer the non-interconnected VoIP service on a stand-alone basis for a
fee, or (2) when those providers also offer the other (non-VoIP)
services without the non-interconnected VoIP service feature at a
different (discounted) price. As the Commission gains experience with
the practices of providers of non-interconnected VoIP services, it may
re-visit the continued need for this waiver and the extent to which it
needs to revise its rules governing these assessments, to ensure
consistent and comparable obligations among all TRS Fund contributors.
11. Minimum Contribution Requirement. The Commission's current
rules do not require telecommunications or interconnected VoIP service
providers that have no end-user revenues for a given reporting year to
contribute the minimum $25 or a ``de minimis'' amount to the TRS Fund.
Because the Commission finds that imposing a minimum contribution
requirement for non-interconnected VoIP service providers with no end-
user revenues would not be consistent with or comparable to the
obligations of other contributors, as directed by the CVAA, it will not
require a minimum contribution requirement for these providers.
12. Contributor Registration. The Commission requires non-
interconnected VoIP service providers with interstate end-user revenues
to register with the Commission and designate a District of Columbia
agent for service of process. Registration with the Commission includes
obtaining an FCC registration number (FRN) from the Commission
registration system (CORES), in accordance with the FCC Form 499-A
Instructions. The Commission further adopts this registration
requirement as part of the TRS rules and also amends 47 CFR 1.47(h) of
its rules to make these requirements applicable to non-interconnected
VoIP service providers with interstate end-user revenues that are
subject to contribution to the TRS Fund.
13. FCC Form 499-A. The Commission amends the TRS rules to require
non-interconnected VoIP service providers to contribute to the TRS Fund
and directs them to use FCC Form 499-A to report their interstate end-
user revenues for purposes of TRS Fund contributions. The 2012 version
of FCC Form 499-A has a new line 418.4 designated for reporting ``non-
interconnected VoIP revenues not included in any other category,''
which shall be used for this purpose. The Commission also modifies TRS
rule 47 CFR 64.604(c)(5)(iii)(A) of its rules by replacing the phrase
``interstate end-user telecommunications revenues'' with ``interstate
end-user revenues'' and by deleting the last sentence. These changes
will serve to distinguish non-interconnected VoIP service revenues from
telecommunications revenues when these are reported on FCC Form 499-A.
14. Interstate Revenue Safe Harbor. Because some interconnected
VoIP service providers may not have the ability to identify whether
their calls are interstate, the Commission's rules permit an
interconnected VoIP service provider to use actual revenues, a traffic
study, or the interim safe harbor percentage of 64.9 (to estimate the
interstate portion of total end-user revenues) for the purposes of
reporting interstate end-user revenues on the FCC Form 499-A and making
TRS Fund contributions. The Commission now concludes that it is also
appropriate to permit non-interconnected VoIP service providers to
report their interstate end-user revenues using actual revenues, a
traffic study, or the interim 64.9 percent safe harbor.
15. Billed or Collected Revenue. The Commission concludes that,
consistent with the manner in which USF assessable revenues are
determined, the contribution base for TRS will be determined from gross
billed revenues, minus uncollectible revenues/bad debt expenses.
Revising calculations in this manner will achieve greater consistency
in the administration of the USF and TRS Fund.
16. Conforming Amendments to Rules. The Commission replaces the
terms ``carrier,'' ``carriers,'' and ``service providers'' in 47 CFR
64.604(c)(5)(iii)(B) of its rules with the term ``contributor(s).''
Similarly, the Commission replaces the terms ``interstate end-user
telecommunications revenues'' and ``interstate end-user revenues of
such services'' in 47 CFR 64.604(c)(5)(iii)(B) of its rules with the
term ``revenues subject to contributions.''
17. Implementation Deadlines. Section 715 of the Act requires the
Commission to ensure that each provider of interconnected and non-
interconnected VoIP service participates in and contributes to the TRS
Fund within one year after the CVAA's enactment, i.e., by October 8,
2011. Interconnected VoIP service providers have already met this
statutory requirement because they have been reporting revenues and
contributing to the TRS Fund on an annual basis since 2007. The
Commission adopts the following deadlines for non-interconnected VoIP
service providers that have interstate end-user revenues that are
subject to contribution to the TRS Fund:
By December 31, 2011, non-interconnected VoIP service
providers shall register with the Commission and designate a District
of Columbia agent for service of process using FCC Form 499-A in
accordance with the form's instructions.
By April 1, 2012, non-interconnected VoIP service
providers shall complete and submit FCC Form 499-A to report fourth-
quarter 2011 interstate end-user revenues, which shall be the basis for
TRS Fund contributions for the 2012-2013 funding period.
Final Regulatory Flexibility Certification
18. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' See 5 U.S.C. 603. 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. 5 U.S.C. 601(3). 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). 15 U.S.C. 632.
19. The Commission adopts rules to require providers of non-
interconnected VoIP service to contribute to the interstate TRS Fund.
Non-interconnected VoIP services enable real-time voice communications
that originate from or terminate to the user's location using Internet
protocol or any successor protocol, requires Internet protocol
compatible customer premises equipment, and does not include any
service that is an interconnected VoIP service. 47 U.S.C. 153(36). TRS
are services that enable individuals who are deaf, hard of hearing,
deaf-blind, or who have a speech disability to make and receive calls.
47 U.S.C. 225(b)(1). There are two components to the cost recovery
framework for interstate TRS: (1) Collecting contributions which are
put into the interstate TRS Fund; and (2) compensating TRS providers
from the
[[Page 65968]]
TRS Fund for the costs of providing TRS services. Document FCC 11-150
addresses the first component--contributions to the interstate TRS
Fund.
20. In summary, the rules adopted in document FCC 11-150 require
providers of non-interconnected VoIP services that generate interstate
end-user revenues to take the following actions: Register with the
Commission; designate a District of Columbia agent for service of
process; complete and submit a Telecommunications Reporting Worksheet
(FCC Form 499-A) annually to report their interstate end-user revenues;
and contribute approximately one percent of their interstate end-user
revenues or a minimum $25 to the TRS Fund. As described more fully
below, these actions will not have a significant economic impact on
providers of non-interconnected VoIP services with interstate end-user
revenues. Further, the rules adopted in document FCC 11-150 will have
no economic impact on providers of free non-interconnected VoIP
services, because those providers are not required to take any action.
21. In the TRS Contribution NPRM, published at 76 FR 18490, April
4, 2011, the Commission concluded that no Initial Regulatory
Flexibility Analysis was required because, even if a substantial number
of small entities might be affected by the proposed rules, the
cumulative economic impact on any entity required to participate in and
contribute to the TRS Fund will be de minimis. The Commission now
certifies that the rules adopted in document FCC 11-150 will not have a
significant economic impact on a substantial number of small entities.
22. The rules adopted in document FCC 11-150 implement section
103(b) of the CVAA, Public Law 111-260, section 103(b), 124 Stat. 2751,
2755 (2010). Section 103(b) of the CVAA adds section 715 to the
Communications Act. 47 U.S.C. 616. Section 715 of the Act requires each
provider of interconnected VoIP service provider or non-interconnected
VoIP service to participate in and contribute to the interstate TRS
Fund by October 8, 2011, in a manner that is consistent with and
comparable to the obligations of other TRS Fund contributors. Carriers
have been contributing to the TRS Fund since its inception. Providers
of interconnected VoIP services have been contributing to the TRS Fund
since 2007. The CVAA, in effect, affirms the contribution requirement
for providers of interconnected VoIP services, and extends this
contribution requirement to non-interconnected VoIP service providers.
23. Currently, all TRS Fund contributors must register with the
Commission and designate a District of Columbia agent for service of
process. Contributors file a completed FCC Form 499-A annually to
report their interstate end-user revenues. Contributions to the TRS
Fund are made on the basis of interstate end-user revenues. The amount
of interstate end-user revenues reported on FCC Form 499-A is
multiplied by a contribution factor, determined annually by the
Commission, to compute the amount of the TRS Fund contribution for that
year. Historically, contributions to the TRS Fund have been slightly
less than one percent of interstate end-user revenues.
24. The rules adopted in document FCC 11-150 require non-
interconnected VoIP service providers with interstate end-user revenues
to also register with the Commission and designate a District of
Columbia agent for service of process using FCC Form 499-A in
accordance with its instructions. These providers must also complete
and submit FCC Form 499-A annually to report their interstate end-user
revenues. It has previously been estimated that filling out the FCC
Form 499-A takes 13.5 hours (i.e., less than two work days of a single
full-time employee) annually. Thus, completing and submitting FCC Form
499-A does not have a significant economic impact upon small entities.
25. Document FCC 11-150 affirms that contributions to the TRS Fund
are made on the basis of interstate end-user revenues. Non-
interconnected VoIP service providers that offer their services for
free have no interstate end-user revenues and, therefore, no
requirement to register with the Commission, designate a District of
Columbia agent for service of process, complete and submit a FCC Form
499-A, or contribute any amount to the TRS Fund. Consequently, these
rules will not have any economic impact on providers of free non-
interconnected VoIP services.
26. TRS Fund contributions will be assessed against interstate end-
user revenues from non-interconnected VoIP services provided as a
stand-alone offering for a fee (not for free). TRS Fund contributions
will also be assessed against the interstate end-user revenues
generated from other (non-VoIP) services (e.g., a video gaming service)
that have a non-interconnected VoIP service feature or function: (1)
When these providers also offer the non-interconnected VoIP service on
a stand-alone basis for a fee; or (2) when these providers also offer
the other (non-VoIP) services without the non-interconnected VoIP
service feature at a different (discounted) price. Such providers may
use the safe harbor methods identified in the CPE Bundling Order for
allocating and reporting revenues. See CPE Bundling Order, published at
66 FR 19393, April 16, 2001. Historically, contributions to the TRS
Fund have been slightly less than one percent of revenues. The
contribution factor for the 2011-2012 TRS Fund year is 1.058 percent.
See Telecommunications Relay Services and Speech-to-Speech Services for
Individuals With Hearing and Speech Disabilities; Structure and
Practices of the Video Relay Service Program, Order, published at 76 FR
44326, July 25, 2011. This contribution rate will not have a
significant economic impact upon small entities.
27. Document FCC 11-150 also affirms that service providers with
interstate end-user revenues must contribute a minimum of $25 to the
TRS Fund. See 47 CFR 64.604(c)(5)(iii)(B) of the Commission's rules. A
$25 contribution does not constitute a significant economic impact on
small entities.
28. Therefore, based on the foregoing analysis of all foreseeable
economic impacts, the Commission certifies that the requirements of
document FCC 11-150 will not have a significant economic impact on a
substantial number of small entities.
29. The Commission will send a copy of document FCC 11-150,
including a copy of the Final Regulatory Flexibility Certification, in
a report to Congress pursuant to the Congressional Review Act. See 5
U.S.C. 801(a)(1)(A). In addition, document FCC 11-150 and the final
certification will be sent to the Chief Counsel for Advocacy of the
SBA. 5 U.S.C. 605(b).
Ordering Clauses
Pursuant to the authority contained in sections 1, 4(i), 4(j), 225,
and 715 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), 225, and 616, document FCC 11-150 is adopted.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, SHALL SEND a copy of document FCC 11-150,
including the Final Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 1
Communications common carriers, Reporting and recordkeeping
requirements, Telecommunications.
[[Page 65969]]
47 CFR Part 64
Reporting and recordkeeping requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 1 and 64 as follows:
PART 1--PRACTICE AND PROCEDURE
0
1. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 227, 303(r), and 309.
0
2. In Sec. 1.47, revise paragraph (h) to read as follows:
Sec. 1.47 Service of documents and proof of service.
* * * * *
(h) Every common carrier and interconnected VoIP provider, as
defined in Sec. 54.5 of this chapter, and non-interconnected VoIP
provider, as defined in Sec. 64.601(a)(15) of this chapter and with
interstate end-user revenues that are subject to contribution to the
Telecommunications Relay Service Fund, that is subject to the
Communications Act of 1934, as amended, shall designate an agent in the
District of Columbia, and may designate additional agents if it so
chooses, upon whom service of all notices, process, orders, decisions,
and requirements of the Commission may be made for and on behalf of
such carrier, interconnected VoIP provider, or non-interconnected VoIP
provider in any proceeding before the Commission. Such designation
shall include, for the carrier, interconnected VoIP provider, or non-
interconnected VoIP provider and its designated agents, a name,
business address, telephone or voicemail number, facsimile number, and,
if available, Internet e-mail address. Such carrier, interconnected
VoIP provider, or non-interconnected VoIP provider shall additionally
list any other names by which it is known or under which it does
business, and, if the carrier, interconnected VoIP provider, or non-
interconnected VoIP provider is an affiliated company, the parent,
holding, or management company. Within thirty (30) days of the
commencement of provision of service, such carrier, interconnected VoIP
provider, or non-interconnected VoIP provider shall file such
information with the Chief of the Enforcement Bureau's Market Disputes
Resolution Division. Such carriers, interconnected VoIP providers, and
non-interconnected VoIP providers may file a hard copy of the relevant
portion of the Telecommunications Reporting Worksheet, as delineated by
the Commission in the Federal Register, to satisfy this requirement.
Each Telecommunications Reporting Worksheet filed annually by a common
carrier, interconnected VoIP provider, or non-interconnected VoIP
provider must contain a name, business address, telephone or voicemail
number, facsimile number, and, if available, Internet e-mail address
for its designated agents, regardless of whether such information has
been revised since the previous filing. Carriers, interconnected VoIP
providers, and non-interconnected VoIP providers must notify the
Commission within one week of any changes in their designation
information by filing revised portions of the Telecommunications
Reporting Worksheet with the Chief of the Enforcement Bureau's Market
Disputes Resolution Division. A paper copy of this designation list
shall be maintained in the Office of the Secretary of the Commission.
Service of any notice, process, orders, decisions or requirements of
the Commission may be made upon such carrier, interconnected VoIP
provider, or non-interconnected VoIP provider by leaving a copy thereof
with such designated agent at his office or usual place of residence.
If such carrier, interconnected VoIP provider, or non-interconnected
VoIP provider fails to designate such an agent, service of any notice
or other process in any proceeding before the Commission, or of any
order, decision, or requirement of the Commission, may be made by
posting such notice, process, order, requirement, or decision in the
Office of the Secretary of the Commission.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
3. The authority citation for part 64 is revised to read as follows:
Authority: 47 U.S.C. 154, 254(k), 227; secs. 404(b)(2)(B), (c),
Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201,
218, 222, 225, 226, 227, 228, 254(k), 616, and 620, unless otherwise
noted.
Subpart F--Telecommunications Relay Services and Related Customer
Premises Equipment for Persons With Disabilities
0
4. The authority citation for subpart F is revised to read as follows:
Authority: 47 U.S.C. 151-154; 225, 255, 303(r), 616, and 620.
0
5. In Sec. 64.601, revise paragraph (a)(10), redesignate paragraphs
(a)(15) through (a)(28) as paragraphs (a)(16) through (a)(29), and add
new paragraph (a)(15) to read as follows:
Sec. 64.601 Definitions and provisions of general applicability.
(a) * * *
(10) Interconnected VoIP service. The term ``interconnected VoIP
service'' has the meaning given such term under Sec. 9.3 of title 47,
Code of Federal Regulations, as such section may be amended from time
to time.
* * * * *
(15) Non-interconnected VoIP service. The term ``non-interconnected
VoIP service''--
(i) Means a service that--
(A) Enables real-time voice communications that originate from or
terminate to the user's location using Internet protocol or any
successor protocol; and
(B) Requires Internet protocol compatible customer premises
equipment; and
(ii) Does not include any service that is an interconnected VoIP
service.
* * * * *
6. In Sec. 64.604, revise paragraphs (c)(5)(iii)(A) and
(c)(5)(iii)(B), remove paragraph (c)(5)(iii)(D), redesignate paragraph
(c)(5)(iii)(C) as paragraph (c)(5)(iii)(D), and add new paragraph
(c)(5)(iii)(C) to read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(A) Contributions. Every carrier providing interstate
telecommunications services (including interconnected VoIP service
providers pursuant to Sec. 64.601(b)) and every provider of non-
interconnected VoIP service shall contribute to the TRS Fund on the
basis of interstate end-user revenues as described herein.
Contributions shall be made by all carriers who provide interstate
services, including, but not limited to, cellular telephone and paging,
mobile radio, operator services, personal communications service (PCS),
access (including subscriber line charges), alternative access and
special access, packet-switched, WATS, 800, 900, message telephone
service (MTS), private line, telex, telegraph, video, satellite,
intraLATA, international and resale services.
(B) Contribution computations. Contributors' contributions to the
TRS fund shall be the product of their
[[Page 65970]]
subject revenues for the prior calendar year and a contribution factor
determined annually by the Commission. The contribution factor shall be
based on the ratio between expected TRS Fund expenses to the
contributors' revenues subject to contribution. In the event that
contributions exceed TRS payments and administrative costs, the
contribution factor for the following year will be adjusted by an
appropriate amount, taking into consideration projected cost and usage
changes. In the event that contributions are inadequate, the fund
administrator may request authority from the Commission to borrow funds
commercially, with such debt secured by future years' contributions.
Each subject contributor that has revenues subject to contribution must
contribute at least $25 per year. Contributors whose annual
contributions total less than $1,200 must pay the entire contribution
at the beginning of the contribution period. Contributors whose
contributions total $1,200 or more may divide their contributions into
equal monthly payments. Contributors shall complete and submit, and
contributions shall be based on, a ``Telecommunications Reporting
Worksheet'' (as published by the Commission in the Federal Register).
The worksheet shall be certified to by an officer of the contributor,
and subject to verification by the Commission or the administrator at
the discretion of the Commission. Contributors' statements in the
worksheet shall be subject to the provisions of section 220 of the
Communications Act of 1934, as amended. The fund administrator may bill
contributors a separate assessment for reasonable administrative
expenses and interest resulting from improper filing or overdue
contributions. The Chief of the Consumer and Governmental Affairs
Bureau may waive, reduce, modify or eliminate contributor reporting
requirements that prove unnecessary and require additional reporting
requirements that the Bureau deems necessary to the sound and efficient
administration of the TRS Fund.
(C) Registration Requirements for Providers of Non-Interconnected
VoIP Service.
(1). Applicability. A non-interconnected VoIP service provider that
will provide interstate service that generates interstate end-user
revenue that is subject to contribution to the Telecommunications Relay
Service Fund shall file the registration information described in
paragraph (c)(5)(iii)(C)(2) of this section in accordance with the
procedures described in paragraphs (c)(5)(iii)(C)(3) and
(c)(5)(iii)(C)(4) of this section. Any non-interconnected VoIP service
provider already providing interstate service that generates interstate
end-user revenue that is subject to contribution to the
Telecommunications Relay Service Fund on the effective date of these
rules shall submit the relevant portion of its FCC Form 499-A in
accordance with paragraphs (c)(5)(iii)(C)(2) and (3) of this section.
(2). Information required for purposes of TRS Fund contributions. A
non-interconnected VoIP service provider that is subject to the
registration requirement pursuant to paragraph (c)(5)(iii)(C)(1) of
this section shall provide the following information:
(i) The provider's business name(s) and primary address;
(ii) The names and business addresses of the provider's chief
executive officer, chairman, and president, or, in the event that a
provider does not have such executives, three similarly senior-level
officials of the provider;
(iii) The provider's regulatory contact and/or designated agent;
(iv) All names that the provider has used in the past; and
(v) The state(s) in which the provider provides such service.
(3). Submission of registration. A provider that is subject to the
registration requirement pursuant to paragraph (c)(5)(iii)(C)(1) of
this section shall submit the information described in paragraph
(c)(5)(iii)(C)(2) of this section in accordance with the Instructions
to FCC Form 499-A. FCC Form 499-A must be submitted under oath and
penalty of perjury.
(4). Changes in information. A provider must notify the Commission
of any changes to the information provided pursuant to paragraph
(c)(5)(iii)(C)(2) of this section within no more than one week of the
change. Providers may satisfy this requirement by filing the relevant
portion of FCC Form 499-A in accordance with the Instructions to such
form.
* * * * *
[FR Doc. 2011-27480 Filed 10-24-11; 8:45 am]
BILLING CODE 6712-01-P
