Consumer and Governmental Affairs Bureau Seeks To Refresh the Record Regarding Misuse of Internet Protocol Relay Service, 11997-12000 [2012-4658]
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012–4749 Filed 2–27–12; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket Nos. 12–38 and 03–123; DA 12–
208]
Consumer and Governmental Affairs
Bureau Seeks To Refresh the Record
Regarding Misuse of Internet Protocol
Relay Service
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission, via the Consumer and
Governmental Affairs Bureau (Bureau)
seeks comment to refresh the record
regarding misuse of Internet Protocol
relay service. Further comments are
requested to bring the record up to date
on proposed additional rules that would
have the intended effect of reducing or
eliminating misuse of Internet Protocol
Relay.
DATES: Submit comments on or before
March 20, 2012.
ADDRESSES: You may submit comments,
identified by CG Docket Nos. 12–38 and
03–123, by any of the following
methods:
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the Commission’s Electronic
Comment Filing System (ECFS), through
the Commission’s Web site https://
fjallfoss.fcc.gov/ecfs2/. Filers should
follow the instructions provided on the
Web site for submitting comments. For
ECFS filers, in completing the
transmittal screen, filers should include
their full name, U.S. Postal service
mailing address, and CG Docket Nos.
12–38 and 03–123.
• Paper filers: Parties who choose to
file by paper must file an original and
four copies of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail (although the Commission
continues to experience delays in
receiving U.S. Postal Service mail). All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
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SUMMARY:
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Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial Mail sent by overnight
mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street SW.,
Washington, DC 20554.
In addition, parties must serve one
copy of each pleading with the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, or via email to
fcc@bcpiweb.com.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Eliot
Greenwald, Consumer and
Governmental Affairs Bureau, Disability
Rights Office, at (202) 418–2235 (voice),
(202) 418–2922 (TTY), or email at
Eliot.Greenwald@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Public
Notice, document DA 12–208, released
February 13, 2012. The full text of
document DA 12–208 and copies of any
subsequently filed documents in this
matter will be available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. Document DA
12–208 and copies of subsequently filed
documents in this matter may also be
purchased from the Commission’s
duplicating contractor at Portals II, 445
12th Street SW., Room CY–B402,
Washington, DC 20554. Customers may
contact the Commission’s duplicating
contractor at its Web site
www.bcpiweb.com, or by calling 1–800–
378–3160. To request materials in
accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
email to fcc504@fcc.gov or call the
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY). Document DA 12–208
can also be downloaded in Word or
Portable Document Format (PDF) at:
https://www.fcc.gov/cgb/dro/trs.html.
Pursuant to 47 CFR 1.415 and 1.419,
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11997
interested parties may file comments on
or before the date indicated in the DATES
section of this document. Comments
must include a short and concise
summary of the substantive discussion
and questions raised in the document
DA 12–208. The Commission further
directs all interested parties to include
the name of the filing party and the date
of the filing on each page of their
comments. Comments must otherwise
comply with 47 CFR 1.48 and all other
applicable sections of the Commission’s
rules.
• Pursuant to 47 CFR 1.1200 et. seq.,
this matter shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must: (1) List all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made; and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with § 1.1206(b)
of the Commission’s rules. In
proceedings governed by § 1.49(f) or for
which the Commission has made
available a method of electronic filing,
written ex parte presentations and
memoranda summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
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Initial Paperwork Reduction Act of
1995 Analysis
Document DA 12–208 does not
contain any new proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995, Pub.
L. 104–13. In addition, therefore, it does
not contain any new proposed
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Pub. L. 107–198, see 44 U.S.C.
3506(c)(4).
Synopsis
In document DA 12–208, the Bureau
seeks to refresh the record on several
issues pertaining to misuse of Internet
Protocol (IP) Relay Service, including
issues that were initially raised in the
Further Notice of Proposed Rulemaking
(2006 FNPRM) released by the
Commission on May 8, 2006 and
published at 71 FR 31131, June 1, 2006.
IP Relay is a form of text-based
telecommunications relay service (TRS)
that uses the Internet to allow
individuals with hearing and/or speech
disabilities to communicate with other
individuals. The Bureau remains
concerned that individuals who do not
have a hearing or speech disability may
be continuing to misuse IP Relay by, for
example, calling merchants to place
orders using fake, stolen, or otherwise
invalid credit cards. Such abuse not
only drains the TRS Fund that supports
these services, but also harms legitimate
consumers whose calls are rejected by
individuals and businesses that have
been the victims of such misuse. The
Bureau believes that a refreshed record
will better enable the Commission to
take timely and appropriate action to
address these problems.
As the 2006 FNPRM explained, IP
Relay affords users a degree of
anonymity that can facilitate fraudulent
activity. The 2006 FNPRM sought
comment on ways to curb fraudulent
calls via IP Relay, including requiring
user registration and permitting relay
providers to screen and terminate
fraudulent IP Relay calls.
Since the 2006 FNPRM was adopted,
the Commission has undertaken a
number of measures to combat misuse
of the IP Relay program. Most
significantly, in June 2008, the
Commission adopted a mandatory
system in which users of iTRS,
including IP Relay, are assigned ten-
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digit telephone numbers linked to the
North American Numbering Plan and
iTRS users with disabilities are
registered with their provider of choice
(default provider). The Commission
expressed its expectation that the
registration of iTRS users with a default
provider and the requirement for each
user to provide a ‘‘Registered Location’’
would reduce the misuse of IP Relay.
See 73 FR 41286, July 18, 2008. The
Commission also sought comment on
whether additional steps were needed to
curtail illegitimate calls made through
this service. See 73 FR 41307, July 18,
2008.
In December 2008, the Commission
adopted a second iTRS numbering
Order, published at 73 FR 79683,
December 30, 2008, addressing IP Relay
and video relay service (VRS). Among
other things, the Commission:
• Directed iTRS providers to
‘‘implement a reasonable means of
verifying registration and eligibility
information,’’ including the consumer’s
name and mailing address, before
issuing the consumer a ten-digit
telephone number. The Commission
provided the following examples of
what such verification could include:
‘‘(1) Sending a postcard to the mailing
address provided by the consumer, for
return to the default Internet-based TRS
provider; (2) in-person or on-camera ID
checks during registration; or (3) other
verification processes similar to those
performed by voice telephone providers
and other institutions (such as banks
and credit card companies).’’
• Directed that such registration be
accompanied by consumer education
and outreach efforts designed to inform
iTRS users of the importance of
providing accurate registration
information.
• Limited eligibility to receive tendigit numbers for iTRS use to people
who have a hearing or speech disability
and directed provider verification
procedures to include a self-certification
component requiring consumers to
verify that they have a medically
recognized hearing or speech disability
necessitating their use of TRS.
In April 2011, the Commission
adopted several additional measures to
combat relay fraud and abuse. See 76 FR
24393, May 2, 2011 and 76 FR 24437,
May 2, 2011. Among those measures
that apply to IP Relay were a
requirement for all TRS providers to
submit to Commission-directed audits, a
mandate for iTRS providers to retain, for
five years, call detail records and other
records supporting claims for payment,
whistleblower protection rules for
provider employees and contractors,
and a requirement that a senior
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executive of a TRS provider certify,
under penalty of perjury, to the validity
of minutes and data submitted to the
TRS Fund administrator.
Lastly, in July 2011, the Commission
adopted new certification rules
applicable to iTRS providers, authorized
on-site visits to the premises of
applicants for iTRS certification and
certified iTRS providers to confirm
compliance with Commission rules, and
set forth new requirements for providers
to submit documentary evidence of their
ability to comply with the Commission’s
TRS rules, to provide annual updates to
their certification application
information, and to certify, under
penalty of perjury, as to the accuracy of
their certification applications and their
annual compliance filings to the
Commission. See 76 FR 47469, August
5, 2011 and 76 FR 47476, August 5,
2011.
Refreshing the Record. Title IV of the
Americans with Disabilities Act (ADA)
mandates the provision of TRS for
individuals with hearing and speech
disabilities that is functionally
equivalent to voice telephone services.
This functional equivalency standard
has served as the touchstone for the
Commission in determining how TRS
providers must provide services to
consumers: the goal is to have the
features, functions, and capabilities of
these services mirror voice telephone
services as closely as possible. To this
end, Commission rulings have
characterized CAs as ‘‘transparent
conduits’’ to a relay call, frequently
equated the connection to a CA with
accessing a dial tone, and mandated
confidentiality protections. Calls that
are not legitimate relay calls, however,
are not entitled to these transparency
and confidentiality protections.
Moreover, when there is concern that
fraud or misuse infects a relay service,
the Commission has an obligation to
consider actions necessary to preserve
the integrity and sustainability of the
service.
Despite the Commission’s persistent
efforts to combat the fraudulent use of
IP Relay, the Bureau remains concerned
that such misuse may persist. For
example, although the Commission
directed iTRS providers to implement
reasonable methods to verify
registration and eligibility information
submitted by IP Relay users, the
methods that providers currently are
using may not be reasonable and may
not be achieving the desired goal of
ensuring that only eligible or qualified
persons are using the service.
Accordingly, the Commission may need
to impose additional and more specific
requirements with respect to both
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authenticating initial registrants and
verifying users of the service in order to
ensure that providers are in fact taking
reasonable steps needed to curb IP Relay
misuse. Such steps are necessary to
protect the integrity of the IP Relay
program so that this service remains a
viable and a valuable communication
tool for Americans who wish to use it.
Therefore, the Bureau believes it is
necessary to refresh the record in this
proceeding to help the Commission
better understand what additional tools
are needed to aid the Commission in
these efforts.
To this end, the Bureau seeks
additional comment to refresh the 2006
FNPRM record and regarding IP Relay
generally on the following matters:
• The effectiveness of current
measures to verify eligibility
information for registration. In this
regard, the Bureau asks commenters to
provide information about methods of
verification currently in use to
authenticate the identity and eligibility
of an individual seeking to obtain a tendigit number. The Bureau specifically
seeks comment on the extent to which
IP Relay providers are utilizing one or
more of the following verification
procedures when registering such
individuals: (1) Sending a postcard to
the mailing address provided by the
consumer, for return to the default IP
Relay provider; (2) utilizing in-person or
on-camera ID checks during registration;
(3) utilizing verification processes
similar to those performed by voice
telephone providers and other
institutions (such as banks and credit
card companies); or (4) utilizing an
alternative means of verification
approved in advance by the
Commission. The Bureau asks providers
to comment on the effectiveness of each
of these or any other verification
measures that they use to screen out
illegitimate IP Relay users, as well as
how they assess the effectiveness of
such measures. The Bureau further asks
whether individuals outside of the U.S.
have been obtaining IP Relay access
numbers or otherwise using this service
unlawfully, as well as to what extent
current provider practices enable or
contribute to the registration of
ineligible IP Relay users. The Bureau
also seeks input on what additional
steps should be taken, or technology
implemented, to prevent the registration
and use of IP Relay by these and other
ineligible individuals?
• Other verification processes, such
as commercial verification services, that
are available and may be appropriate to
more effectively screen out ineligible
individuals who attempt to register as IP
Relay users. For example, the Bureau
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notes that the Commission has in place
verification procedures for other
programs, such as those recently
adopted for Lifeline assistance.
Specifically, in light of evidence
demonstrating that consumer selfcertification of program-based eligibility
does not effectively prevent ineligible
consumers from enrolling in Lifeline,
the Commission amended its rules to
require providers to confirm a
consumer’s eligibility for Lifeline with
documentation. Would utilization of
similar or analogous procedures be
appropriate and necessary to verify
eligibility in the IP Relay context? The
Bureau seeks specific comment on
whether a database would be effective
in this context, and on what types of
documentation would be available and
appropriate to establish the eligibility of
registrants for IP Relay. Are there other
governmental programs that may serve
as a model for verifying the eligibility of
individuals who seek to use IP Relay?
• Although the iTRS Numbering
Implementation Public Notice directed
providers to verify each caller’s
registration prior to completing nonemergency calls, it also directed
providers to handle a call from a newly
registered user immediately, even if the
provider had not completed the process
of verifying the caller’s information,
assigning the caller a new ten-digit
number, and provisioning that number
to the iTRS database. Should the
Commission continue to permit
temporary authorization for a user to
place IP Relay calls while verification of
the caller is taking place, in light of the
apparent misuse of IP Relay? Or should
the Commission prohibit temporary
authorization for this service (other than
for the handling of emergency calls)?
• To the extent the Commission
adopts specific user verification
procedures, should it require IP Relay
providers to revalidate all of their
currently registered users?
• Whether IP Relay providers and
their CAs should be given the discretion
to determine, on a case-by-case basis,
that a call is not a legitimate TRS call,
and to block, terminate, or refuse to
handle the non-TRS call. Are there ways
for an IP Relay provider and its CAs to
determine when an IP Relay call is
fraudulent through identifiable indicia?
If an illegitimate call (i.e., one that the
CA has determined is not a TRS call)
has been placed to a merchant, should
the provider or CA be permitted to alert
the merchant that the call is believed to
be fraudulent, or take other steps to
prevent the misuse of IP Relay?
• Whether advanced call tracking
mechanisms—e.g., geolocation
systems—are available for the purpose
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11999
of accurately determining whether a
particular IP Relay call is originating
from or terminating to an international
location. If available, can such calltracking mechanisms identify
international IP Relay calls, even when
a party to the IP Relay call is attempting
to disguise the IP Relay call as a
domestic U.S. call by, for example, redirecting the call through a domestic IP
address? The Bureau also seeks
comment on the extent to which
providers are using tracking
mechanisms to determine where IP
Relay calls originate.
• At present, Commission rules
require providers to maintain and
submit various records of the relay calls
for which they seek reimbursement.
However, the Commission’s rules also
prohibit CAs from keeping records of
the content of any conversation beyond
the duration of a call. For calls placed
with IP Relay providers that are
determined by a provider to be
illegitimate, what documentation, if
any, should the provider be required to
maintain and submit to the Commission
regarding such calls to facilitate better
program oversight?
• Whether more rigorous user
authentication on a per-call basis should
be employed to combat misuse of IP
Relay. If so, what form would this take?
Would such an approach enable
providers to authenticate callers who
dial-around to a different IP Relay
provider more effectively? Would the
use of a common resource, such as a
third-party database or service, enable
providers to authenticate dial-around
callers more effectively? Would more
rigorous user authentication on a percall basis address current vulnerabilities
to IP address spoofing? How could such
an approach be extended to popular
messaging services, such as AIM and
Google Talk, that callers might use to
access IP Relay?
• Under the Commission’s iTRS
registration process, IP Relay users
select a default relay provider for the
handling of their IP Relay calls, but are
permitted to dial-around to a different
IP Relay provider at any time. To what
extent is this dial-around feature used or
desirable for IP Relay calls? Under the
Commission’s rules, IP Relay providers
must answer 85 percent of all calls
within 10 seconds, averaged daily. Does
this rapid response time negate the need
for a dial-around feature? To what
extent is the dial-around feature
contributing to relay misuse? If the
Commission discontinues allowing the
dial-around feature, should an
exception be made for emergency calls?
• Whether providers maintain lists of
illegitimate users whose numbers are
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blocked from using IP relay, and, if so,
the approximate number of such users
and the extent to which providers share
this information with one another.
Should the Commission require
providers to share such information or
to take additional measures to ensure
that all providers have the same
information, e.g., by creating a central
database of barred users and/or blocked
numbers/addresses?
• The extent to which IP Relay fraud
or misuse exists, and specifically, the
extent to which it has worsened (or has
been ameliorated) since the Commission
adopted its iTRS numbering and user
registration requirements. The Bureau
also seeks updated information on any
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patterns associated with such misuse—
for example, whether it is more
prevalent at specific times of the day,
week, month, and year—as well as the
nature of this misuse.
• Whether specific audit procedures,
in addition to those that the
Commission has already authorized, are
needed to identify and curb IP Relay
misuse.
• The extent to which IP Relay is
currently being used by consumers with
and without disabilities, and whether it
is meeting a need that is not fulfilled by
other forms of relay, or other text-based
services. When IP Relay was approved
in 2002, IP-based captioned telephone
relay service was not available to
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consumers and VRS was typically
available in community settings only
(e.g., libraries, consumer organizations).
In addition, purely text-based services
such as on-line ordering and text
messaging were not as commonly used
as they are today. To what extent do
other forms of relay services, as well as
text messaging and other electronic
messaging services, now serve as
adequate or preferred alternatives to IP
Relay?
Federal Communications Commission.
Karen Peltz Strauss,
Deputy Chief, Consumer and Governmental
Affairs Bureau.
[FR Doc. 2012–4658 Filed 2–27–12; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Proposed Rules]
[Pages 11997-12000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4658]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 12-38 and 03-123; DA 12-208]
Consumer and Governmental Affairs Bureau Seeks To Refresh the
Record Regarding Misuse of Internet Protocol Relay Service
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission, via the Consumer and
Governmental Affairs Bureau (Bureau) seeks comment to refresh the
record regarding misuse of Internet Protocol relay service. Further
comments are requested to bring the record up to date on proposed
additional rules that would have the intended effect of reducing or
eliminating misuse of Internet Protocol Relay.
DATES: Submit comments on or before March 20, 2012.
ADDRESSES: You may submit comments, identified by CG Docket Nos. 12-38
and 03-123, by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the Commission's Electronic Comment
Filing System (ECFS), through the Commission's Web site https://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions
provided on the Web site for submitting comments. For ECFS filers, in
completing the transmittal screen, filers should include their full
name, U.S. Postal service mailing address, and CG Docket Nos. 12-38 and
03-123.
Paper filers: Parties who choose to file by paper must
file an original and four copies of each filing. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail (although the
Commission continues to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW., Room TW-A325, Washington, DC 20554. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building.
Commercial Mail sent by overnight mail (other than U.S.
Postal Service Express Mail and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail should be addressed to 445 12th Street SW., Washington, DC 20554.
In addition, parties must serve one copy of each pleading with the
Commission's duplicating contractor, Best Copy and Printing, Inc., 445
12th Street SW., Room CY-B402, Washington, DC 20554, or via email to
fcc@bcpiweb.com.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Eliot Greenwald, Consumer and
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-
2235 (voice), (202) 418-2922 (TTY), or email at
Eliot.Greenwald@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Public Notice, document DA 12-208, released February 13, 2012. The full
text of document DA 12-208 and copies of any subsequently filed
documents in this matter will be available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC
20554. Document DA 12-208 and copies of subsequently filed documents in
this matter may also be purchased from the Commission's duplicating
contractor at Portals II, 445 12th Street SW., Room CY-B402,
Washington, DC 20554. Customers may contact the Commission's
duplicating contractor at its Web site www.bcpiweb.com, or by calling
1-800-378-3160. To request materials in accessible formats for people
with disabilities (Braille, large print, electronic files, audio
format), send an email to fcc504@fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY). Document DA 12-208 can also be downloaded in Word or Portable
Document Format (PDF) at: https://www.fcc.gov/cgb/dro/trs.html. Pursuant
to 47 CFR 1.415 and 1.419, interested parties may file comments on or
before the date indicated in the DATES section of this document.
Comments must include a short and concise summary of the substantive
discussion and questions raised in the document DA 12-208. The
Commission further directs all interested parties to include the name
of the filing party and the date of the filing on each page of their
comments. Comments must otherwise comply with 47 CFR 1.48 and all other
applicable sections of the Commission's rules.
Pursuant to 47 CFR 1.1200 et. seq., this matter shall be
treated as a ``permit-but-disclose'' proceeding in accordance with the
Commission's ex parte rules. Persons making ex parte presentations must
file a copy of any written presentation or a memorandum summarizing any
oral presentation within two business days after the presentation
(unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that
memoranda summarizing the presentation must: (1) List all persons
attending or otherwise participating in the meeting at which the ex
parte presentation was made; and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with Sec. 1.1206(b) of the Commission's rules. In
proceedings governed by Sec. 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
People with Disabilities: To request materials in accessible
formats for people with disabilities (Braille, large
[[Page 11998]]
print, electronic files, audio format), send an email to fcc504@fcc.gov
or call the Consumer and Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
Initial Paperwork Reduction Act of 1995 Analysis
Document DA 12-208 does not contain any new proposed information
collection requirements subject to the Paperwork Reduction Act of 1995,
Pub. L. 104-13. In addition, therefore, it does not contain any new
proposed information collection burden for small business concerns with
fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Pub. L. 107-198, see 44 U.S.C. 3506(c)(4).
Synopsis
In document DA 12-208, the Bureau seeks to refresh the record on
several issues pertaining to misuse of Internet Protocol (IP) Relay
Service, including issues that were initially raised in the Further
Notice of Proposed Rulemaking (2006 FNPRM) released by the Commission
on May 8, 2006 and published at 71 FR 31131, June 1, 2006. IP Relay is
a form of text-based telecommunications relay service (TRS) that uses
the Internet to allow individuals with hearing and/or speech
disabilities to communicate with other individuals. The Bureau remains
concerned that individuals who do not have a hearing or speech
disability may be continuing to misuse IP Relay by, for example,
calling merchants to place orders using fake, stolen, or otherwise
invalid credit cards. Such abuse not only drains the TRS Fund that
supports these services, but also harms legitimate consumers whose
calls are rejected by individuals and businesses that have been the
victims of such misuse. The Bureau believes that a refreshed record
will better enable the Commission to take timely and appropriate action
to address these problems.
As the 2006 FNPRM explained, IP Relay affords users a degree of
anonymity that can facilitate fraudulent activity. The 2006 FNPRM
sought comment on ways to curb fraudulent calls via IP Relay, including
requiring user registration and permitting relay providers to screen
and terminate fraudulent IP Relay calls.
Since the 2006 FNPRM was adopted, the Commission has undertaken a
number of measures to combat misuse of the IP Relay program. Most
significantly, in June 2008, the Commission adopted a mandatory system
in which users of iTRS, including IP Relay, are assigned ten-digit
telephone numbers linked to the North American Numbering Plan and iTRS
users with disabilities are registered with their provider of choice
(default provider). The Commission expressed its expectation that the
registration of iTRS users with a default provider and the requirement
for each user to provide a ``Registered Location'' would reduce the
misuse of IP Relay. See 73 FR 41286, July 18, 2008. The Commission also
sought comment on whether additional steps were needed to curtail
illegitimate calls made through this service. See 73 FR 41307, July 18,
2008.
In December 2008, the Commission adopted a second iTRS numbering
Order, published at 73 FR 79683, December 30, 2008, addressing IP Relay
and video relay service (VRS). Among other things, the Commission:
Directed iTRS providers to ``implement a reasonable means
of verifying registration and eligibility information,'' including the
consumer's name and mailing address, before issuing the consumer a ten-
digit telephone number. The Commission provided the following examples
of what such verification could include: ``(1) Sending a postcard to
the mailing address provided by the consumer, for return to the default
Internet-based TRS provider; (2) in-person or on-camera ID checks
during registration; or (3) other verification processes similar to
those performed by voice telephone providers and other institutions
(such as banks and credit card companies).''
Directed that such registration be accompanied by consumer
education and outreach efforts designed to inform iTRS users of the
importance of providing accurate registration information.
Limited eligibility to receive ten-digit numbers for iTRS
use to people who have a hearing or speech disability and directed
provider verification procedures to include a self-certification
component requiring consumers to verify that they have a medically
recognized hearing or speech disability necessitating their use of TRS.
In April 2011, the Commission adopted several additional measures
to combat relay fraud and abuse. See 76 FR 24393, May 2, 2011 and 76 FR
24437, May 2, 2011. Among those measures that apply to IP Relay were a
requirement for all TRS providers to submit to Commission-directed
audits, a mandate for iTRS providers to retain, for five years, call
detail records and other records supporting claims for payment,
whistleblower protection rules for provider employees and contractors,
and a requirement that a senior executive of a TRS provider certify,
under penalty of perjury, to the validity of minutes and data submitted
to the TRS Fund administrator.
Lastly, in July 2011, the Commission adopted new certification
rules applicable to iTRS providers, authorized on-site visits to the
premises of applicants for iTRS certification and certified iTRS
providers to confirm compliance with Commission rules, and set forth
new requirements for providers to submit documentary evidence of their
ability to comply with the Commission's TRS rules, to provide annual
updates to their certification application information, and to certify,
under penalty of perjury, as to the accuracy of their certification
applications and their annual compliance filings to the Commission. See
76 FR 47469, August 5, 2011 and 76 FR 47476, August 5, 2011.
Refreshing the Record. Title IV of the Americans with Disabilities
Act (ADA) mandates the provision of TRS for individuals with hearing
and speech disabilities that is functionally equivalent to voice
telephone services. This functional equivalency standard has served as
the touchstone for the Commission in determining how TRS providers must
provide services to consumers: the goal is to have the features,
functions, and capabilities of these services mirror voice telephone
services as closely as possible. To this end, Commission rulings have
characterized CAs as ``transparent conduits'' to a relay call,
frequently equated the connection to a CA with accessing a dial tone,
and mandated confidentiality protections. Calls that are not legitimate
relay calls, however, are not entitled to these transparency and
confidentiality protections. Moreover, when there is concern that fraud
or misuse infects a relay service, the Commission has an obligation to
consider actions necessary to preserve the integrity and sustainability
of the service.
Despite the Commission's persistent efforts to combat the
fraudulent use of IP Relay, the Bureau remains concerned that such
misuse may persist. For example, although the Commission directed iTRS
providers to implement reasonable methods to verify registration and
eligibility information submitted by IP Relay users, the methods that
providers currently are using may not be reasonable and may not be
achieving the desired goal of ensuring that only eligible or qualified
persons are using the service. Accordingly, the Commission may need to
impose additional and more specific requirements with respect to both
[[Page 11999]]
authenticating initial registrants and verifying users of the service
in order to ensure that providers are in fact taking reasonable steps
needed to curb IP Relay misuse. Such steps are necessary to protect the
integrity of the IP Relay program so that this service remains a viable
and a valuable communication tool for Americans who wish to use it.
Therefore, the Bureau believes it is necessary to refresh the record in
this proceeding to help the Commission better understand what
additional tools are needed to aid the Commission in these efforts.
To this end, the Bureau seeks additional comment to refresh the
2006 FNPRM record and regarding IP Relay generally on the following
matters:
The effectiveness of current measures to verify
eligibility information for registration. In this regard, the Bureau
asks commenters to provide information about methods of verification
currently in use to authenticate the identity and eligibility of an
individual seeking to obtain a ten-digit number. The Bureau
specifically seeks comment on the extent to which IP Relay providers
are utilizing one or more of the following verification procedures when
registering such individuals: (1) Sending a postcard to the mailing
address provided by the consumer, for return to the default IP Relay
provider; (2) utilizing in-person or on-camera ID checks during
registration; (3) utilizing verification processes similar to those
performed by voice telephone providers and other institutions (such as
banks and credit card companies); or (4) utilizing an alternative means
of verification approved in advance by the Commission. The Bureau asks
providers to comment on the effectiveness of each of these or any other
verification measures that they use to screen out illegitimate IP Relay
users, as well as how they assess the effectiveness of such measures.
The Bureau further asks whether individuals outside of the U.S. have
been obtaining IP Relay access numbers or otherwise using this service
unlawfully, as well as to what extent current provider practices enable
or contribute to the registration of ineligible IP Relay users. The
Bureau also seeks input on what additional steps should be taken, or
technology implemented, to prevent the registration and use of IP Relay
by these and other ineligible individuals?
Other verification processes, such as commercial
verification services, that are available and may be appropriate to
more effectively screen out ineligible individuals who attempt to
register as IP Relay users. For example, the Bureau notes that the
Commission has in place verification procedures for other programs,
such as those recently adopted for Lifeline assistance. Specifically,
in light of evidence demonstrating that consumer self-certification of
program-based eligibility does not effectively prevent ineligible
consumers from enrolling in Lifeline, the Commission amended its rules
to require providers to confirm a consumer's eligibility for Lifeline
with documentation. Would utilization of similar or analogous
procedures be appropriate and necessary to verify eligibility in the IP
Relay context? The Bureau seeks specific comment on whether a database
would be effective in this context, and on what types of documentation
would be available and appropriate to establish the eligibility of
registrants for IP Relay. Are there other governmental programs that
may serve as a model for verifying the eligibility of individuals who
seek to use IP Relay?
Although the iTRS Numbering Implementation Public Notice
directed providers to verify each caller's registration prior to
completing non-emergency calls, it also directed providers to handle a
call from a newly registered user immediately, even if the provider had
not completed the process of verifying the caller's information,
assigning the caller a new ten-digit number, and provisioning that
number to the iTRS database. Should the Commission continue to permit
temporary authorization for a user to place IP Relay calls while
verification of the caller is taking place, in light of the apparent
misuse of IP Relay? Or should the Commission prohibit temporary
authorization for this service (other than for the handling of
emergency calls)?
To the extent the Commission adopts specific user
verification procedures, should it require IP Relay providers to
revalidate all of their currently registered users?
Whether IP Relay providers and their CAs should be given
the discretion to determine, on a case-by-case basis, that a call is
not a legitimate TRS call, and to block, terminate, or refuse to handle
the non-TRS call. Are there ways for an IP Relay provider and its CAs
to determine when an IP Relay call is fraudulent through identifiable
indicia? If an illegitimate call (i.e., one that the CA has determined
is not a TRS call) has been placed to a merchant, should the provider
or CA be permitted to alert the merchant that the call is believed to
be fraudulent, or take other steps to prevent the misuse of IP Relay?
Whether advanced call tracking mechanisms--e.g.,
geolocation systems--are available for the purpose of accurately
determining whether a particular IP Relay call is originating from or
terminating to an international location. If available, can such call-
tracking mechanisms identify international IP Relay calls, even when a
party to the IP Relay call is attempting to disguise the IP Relay call
as a domestic U.S. call by, for example, re-directing the call through
a domestic IP address? The Bureau also seeks comment on the extent to
which providers are using tracking mechanisms to determine where IP
Relay calls originate.
At present, Commission rules require providers to maintain
and submit various records of the relay calls for which they seek
reimbursement. However, the Commission's rules also prohibit CAs from
keeping records of the content of any conversation beyond the duration
of a call. For calls placed with IP Relay providers that are determined
by a provider to be illegitimate, what documentation, if any, should
the provider be required to maintain and submit to the Commission
regarding such calls to facilitate better program oversight?
Whether more rigorous user authentication on a per-call
basis should be employed to combat misuse of IP Relay. If so, what form
would this take? Would such an approach enable providers to
authenticate callers who dial-around to a different IP Relay provider
more effectively? Would the use of a common resource, such as a third-
party database or service, enable providers to authenticate dial-around
callers more effectively? Would more rigorous user authentication on a
per-call basis address current vulnerabilities to IP address spoofing?
How could such an approach be extended to popular messaging services,
such as AIM and Google Talk, that callers might use to access IP Relay?
Under the Commission's iTRS registration process, IP Relay
users select a default relay provider for the handling of their IP
Relay calls, but are permitted to dial-around to a different IP Relay
provider at any time. To what extent is this dial-around feature used
or desirable for IP Relay calls? Under the Commission's rules, IP Relay
providers must answer 85 percent of all calls within 10 seconds,
averaged daily. Does this rapid response time negate the need for a
dial-around feature? To what extent is the dial-around feature
contributing to relay misuse? If the Commission discontinues allowing
the dial-around feature, should an exception be made for emergency
calls?
Whether providers maintain lists of illegitimate users
whose numbers are
[[Page 12000]]
blocked from using IP relay, and, if so, the approximate number of such
users and the extent to which providers share this information with one
another. Should the Commission require providers to share such
information or to take additional measures to ensure that all providers
have the same information, e.g., by creating a central database of
barred users and/or blocked numbers/addresses?
The extent to which IP Relay fraud or misuse exists, and
specifically, the extent to which it has worsened (or has been
ameliorated) since the Commission adopted its iTRS numbering and user
registration requirements. The Bureau also seeks updated information on
any patterns associated with such misuse--for example, whether it is
more prevalent at specific times of the day, week, month, and year--as
well as the nature of this misuse.
Whether specific audit procedures, in addition to those
that the Commission has already authorized, are needed to identify and
curb IP Relay misuse.
The extent to which IP Relay is currently being used by
consumers with and without disabilities, and whether it is meeting a
need that is not fulfilled by other forms of relay, or other text-based
services. When IP Relay was approved in 2002, IP-based captioned
telephone relay service was not available to consumers and VRS was
typically available in community settings only (e.g., libraries,
consumer organizations). In addition, purely text-based services such
as on-line ordering and text messaging were not as commonly used as
they are today. To what extent do other forms of relay services, as
well as text messaging and other electronic messaging services, now
serve as adequate or preferred alternatives to IP Relay?
Federal Communications Commission.
Karen Peltz Strauss,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2012-4658 Filed 2-27-12; 8:45 am]
BILLING CODE 6712-01-P