Speech-to-Speech and Internet Protocol (IP) Speech-to-Speech Telecommunications Relay Services; Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities, 49693-49697 [2013-19786]
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Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations
its use to satisfy the requirements for
conducting all appropriate inquiries
under CERCLA. This action does not
impose any requirements on any entity,
including small entities. Therefore,
pursuant to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), after
considering the economic impacts of
this action on small entities, I certify
that this action will not have a
significant economic impact on a
substantial number of small entities.
This action does not contain any
unfunded mandates or significantly or
uniquely affect small governments as
described in Sections 202 and 205 of the
Unfunded Mandates Reform Act of 1999
(UMRA) (Pub. L. 104–4). This action
does not create new binding legal
requirements that substantially and
directly affect Tribes under Executive
Order 13175 (63 FR 67249, November 9,
2000). This action does not have
significant Federalism implications
under Executive Order 13132 (64 FR
43255, August 10, 1999). Because this
action has been exempted from review
under Executive Order 12866, this final
rule is not subject to Executive Order
13211, entitled Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled Protection of
Children from Environmental Health
Risks and Safety Risks (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require
any special considerations under
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994).
This action does involve technical
standards; thus, the requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272) does apply.
The NTTAA was signed into law on
March 7, 1996 and, among other things,
directs the National Institute of
Standards and Technology (NIST) to
bring together federal agencies as well
as state and local governments to
achieve greater reliance on voluntary
standards and decreased dependence on
in-house standards. It states that use of
such standards, whenever practicable
and appropriate, is intended to achieve
the following goals: (a) Eliminate the
cost to the government of developing its
own standards and decrease the cost of
goods procured and the burden of
complying with agency regulation; (b)
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provide incentives and opportunities to
establish standards that serve national
needs; (c) encourage long-term growth
for U.S. enterprises and promote
efficiency and economic competition
through harmonization of standards;
and (d) further the policy of reliance
upon the private sector to supply
Government needs for goods and
services. The Act requires that federal
agencies adopt private sector standards,
particularly those developed by
standards developing organizations
(SDOs), whenever possible in lieu of
creating proprietary, non-consensus
standards.
Today’s action is compliant with the
spirit and requirements of the NTTAA.
Today’s action allows for the use of the
ASTM International standard known as
Standard E1527–13 and entitled
‘‘Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment
Process.’’
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before certain actions may take
effect, the agency promulgating the
action must submit a report, which
includes a copy of the action, to each
House of the Congress and to the
Comptroller General of the United
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containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2). This rule is effective on
November 13, 2013, unless EPA receives
adverse comment by September 16,
2013.
List of Subjects in 40 CFR Part 312
Administrative practice and
procedure, Hazardous substances.
Dated: August 5, 2013.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
For the reasons set out in the
preamble, title 40 CFR chapter I is
amended as follows:
PART 312—[AMENDED]
1. The authority citation for part 312
continues to read as follows:
■
Authority: Section 101(35)(B) of CERCLA,
as amended, 42 U.S.C. 9601(3)(B).
Subpart B—Definitions and References
2. Section 312.11 is amended by
adding paragraph (c) to read as follows:
■
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§ 312.11
49693
References.
*
*
*
*
*
(c) The procedures of ASTM
International Standard E1527–13
entitled ‘‘Standard Practice for
Environmental Site Assessments: Phase
I Environmental Site Assessment
Process.’’ This standard is available
from ASTM International at
www.astm.org, 1–610–832–9585.
[FR Doc. 2013–19764 Filed 8–14–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket Nos. 08–15 and 03–123; FCC
13–101]
Speech-to-Speech and Internet
Protocol (IP) Speech-to-Speech
Telecommunications Relay Services;
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission amends
telecommunications relay services
(TRS) mandatory minimum standards
applicable to Speech-to-Speech (STS)
relay service. This action is necessary to
ensure that persons with speech
disabilities have access to relay services
that address their unique needs, in
furtherance of the objectives of section
225 of the Communications Act of 1934,
as amended (the Act), to provide relay
services in a manner that is functionally
equivalent to conventional telephone
voice services.
DATES: Effective October 15, 2013.
FOR FURTHER INFORMATION CONTACT:
Gregory Hlibok, Consumer and
Governmental Affairs Bureau, Disability
Rights Office, at (202) 559–5158 or
email Gregory.Hlibok@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Speechto-Speech and Internet Protocol (IP)
Speech-to-Speech Telecommunications
Relay Services; Telecommunications
Relay Services and Speech-to-Speech
Services and Speech-to-Speech Services
for Individuals with Hearing and Speech
Disabilities, Report and Order (Order),
document FCC 13–101, adopted on July
19, 2013, and released on July 19, 2013,
in CG Docket Nos. 08–15 and 03–123. In
document FCC 13–101, the Commission
also seeks comment in an accompanying
SUMMARY:
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Further Notice of Proposed Rulemaking
(Notice), which is summarized in a
separate Federal Register Publication.
The full text of document FCC 13–101
will be available for public inspection
and copying via the Commission’s
Electronic Comment Filing System
(ECFS), and during regular business
hours at the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
It also may 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, Internet:
www.bcpiweb.com. Document FCC 13–
101 can also be downloaded in Word or
Portable Document Format (PDF) at
https://www.fcc.gov/encyclopedia/
telecommunications-relay-services-trs.
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).
Synopsis
1. Title IV of the Americans with
Disabilities Act (ADA) requires the
Commission to ensure that TRS is
available to all individuals with hearing
and speech disabilities in the United
States and to increase the utility of the
telephone system by enabling these
persons to access the telephone system
to make calls to, and receive calls from,
other individuals. Under Title IV, the
Commission must ensure that, ‘‘to the
extent possible and in the most efficient
manner,’’ relay services are made
available that provide access to the
telephone system that is ‘‘functionally
equivalent’’ to voice telephone services.
2. When Congress first enacted
section 225 of the Act, relay calls were
placed using a text telephone device
(TTY) connected to the public switched
telephone network (PSTN). Since then,
the Commission has determined that
several new forms of relay fall within
the definition of TRS and decided to
include PSTN-based STS, captioned
telephone service (CTS), video relay
service (VRS), Internet Protocol Relay
(IP Relay), and IP captioned telephone
service (IP CTS) as compensable forms
of TRS.
3. In March 2000, the Commission
mandated that carriers obligated to
provide TRS also provide STS so that
persons with speech disabilities can
access the telephone system. STS
utilizes specially trained
communications assistants (CAs) who
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understand the speech patterns of
persons with speech disabilities and can
repeat the words spoken by such
individuals to the other parties to a
relayed call. A person with a speech
disability can initiate an STS call by
dialing 711 (the nationwide access code
for state relay providers) and giving the
CA the number of the person he or she
wishes to call. The CA then makes the
outbound call, and re-voices what the
STS user says to the called party.
Persons desiring to call a person with a
speech disability via STS can also dial
711 to reach a CA who can handle the
call. At present, states are responsible
for compensating providers for the costs
of providing intrastate STS, while the
Interstate Telecommunications Relay
Services Fund (Fund) compensates
providers for the costs of providing
interstate STS.
4. On June 26, 2006, Bob Segalman
and Rebecca Ladew filed a petition
requesting that the Commission amend
its rules to require an STS CA to stay
with the call for a minimum of 20
minutes, rather than 15 minutes because
‘‘STS calls often last much longer than
text-to-voice calls[,] changing CAs on
these calls prior to 20 minutes can
seriously disrupt their flow and impair
functionally equivalent telephone
service.’’ Bob Segalman and Rebecca
Ladew, Petition for Amendment to TRS
Rule on Speech-to-Speech Relay
Service, CG Docket No. 03–123 (2006
STS Petition).
5. On December 21, 2007, Hawk Relay
filed a Request for Clarification that IP
STS is a form of TRS eligible for
compensation from the Fund. Hawk
Relay, Request for Expedited
Clarification for the Provision and Cost
Recovery of Internet Protocol Speech-toSpeech Relay Service, CG Docket No.
08–15 (IP STS Request). The IP STS
Request describes IP STS as a type of
STS that uses the Internet to connect the
consumer to the relay provider.
According to the IP STS Request, an IP
STS call is initiated by the relay user
clicking an icon on his or her computer
or device. The user is connected to a CA
over the Internet and tells the CA the
number to be dialed; the CA then
connects the IP STS user with the called
party and relays the call between the
two parties.
6. On June 24, 2008, the Commission
released the 2008 STS NPRM in
response to the 2006 STS Petition and
the IP STS Request.
Telecommunications Relay Services and
Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities; Speech-to-Speech and
Internet Protocol (IP) Speech-to-Speech
Telecommunications Relay Service, CG
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Docket Nos. 03–123 and 08–15, Notice
of Proposed Rulemaking, published at
73 FR 47120, August 13, 2008 (2008
STS NPRM). The Commission sought
comment on whether to amend the TRS
rules to require STS CAs to stay with a
call for a minimum of 20 minutes
(rather than 15 minutes), and whether
the Commission should more
specifically define the point at which
the minimum period of time begins to
run. The Commission also sought
comment on whether to amend the TRS
rules to require that STS providers offer
the STS user the option of having his or
her voice muted so that the other party
to the call will hear only the STS CA revoicing the call, and not the voice of the
STS user, as well as on whether there
are ways to ensure that STS users
calling 711, the nationwide dialing
access code for TRS, will promptly
reach an STS CA to handle their calls.
With respect to IP STS, the 2008 STS
NPRM sought comment on its tentative
conclusions that IP STS is a form of TRS
compensable from the Fund, that it
should be compensated at the same rate
as STS, and that an entity desiring to
offer IP STS could become eligible to do
so by being accepted into a certified
state TRS program, subcontracting with
an entity that is part of a certified state
program, or by seeking Commission
certification.
7. On October 20, 2011, Speech
Communications Assistance by
Telephone, together with eight other
national disability organizations, filed a
petition requesting the Commission to
open a proceeding on modernizing STS
to allow people with speech disabilities
to benefit from modern IP technologies
through the use of video-assisted STS,
or VA–STS. Speech Communications
Assistance by Telephone (SCT), Petition
for Rulemaking for Video Assisted STS
(VID–STS) to Facilitate Phone
Communication for People with Severe
Speech Disabilities, CG Docket No. 03–
123 (2011 VA–STS Petition). VA–STS
connects the caller and the CA via a
broadband video link, which allows the
CA to see STS users as they are
speaking. Petitioners claim that giving
the CA the ability to see the STS caller’s
mouth movements, facial expressions,
and gestures, and possibly even cue
cards, can enable the CA to better
understand and re-voice for the caller.
In this manner, Petitioners assert, VA–
STS provides functional equivalence to
many individuals with speech
disabilities who are not able to utilize
traditional STS successfully.
8. As the Commission has recognized
in the past, given the nature of the
interaction between an STS user and an
STS CA, requiring a longer minimum
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period of time that an STS CA must stay
with a call than is required for other
forms of TRS furthers section 225 of the
Act’s functional equivalency objective.
Based upon the record concerning past
experience with the preexisting 15
minute period of time that an STS CA
must stay with a call, the Commission
now concludes that an incremental
increase to 20 minutes would better
ensure functional equivalency, and the
Commission amends its rule
accordingly. The record confirms that
transferring an ongoing call to a new CA
is often disruptive because the new STS
CA must adjust to the speech patterns
of the STS user. Further, persons with
speech disabilities often require a
greater amount of time and
concentration to perform the tasks of
listening to the other party, thinking,
forming a response, and then speaking.
9. The Commission concludes that the
20 minute time period should begin
when the CA reaches the called party,
and amends its rules accordingly. The
Commission emphasizes that, for calls
initiated by persons with speech
disabilities, the CA should initiate an
outbound call to the voice telephone
user only when he or she is effectively
communicating with the STS user.
Moreover, especially for STS calls
initiated by persons without a speech
disability, the Commission concludes
that if, once the called party has been
reached, the STS user and the CA are at
any point unable to communicate
effectively, the STS provider may
switch the call to a different CA before
the 20 minute period has expired
without violating the 20 minute in-call
replacement rule.
10. The Commission concludes that
STS providers must offer STS users the
option to have their voices muted so
that the other party to the call will hear
only the CA, not the user’s voice, and
it amends its rules accordingly. This
option will likely give more persons
with speech disabilities the confidence
to use STS because many such
individuals are hesitant to allow the
called party to hear their speech.
11. In 2000, the Commission adopted
nationwide 711 dialing access to allow
both persons with disabilities and voice
telephone users to initiate a TRS call
from any telephone, anywhere in the
United States, and be connected to the
TRS facility serving that calling area. In
2008, the Commission sought comment
on a number of 711 issues specific to
STS users and noted that the
Commission was in receipt of
complaints from STS users who
reported being disconnected upon
dialing 711 during the transfer to an
STS CA, indicating perhaps a lack of
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proper training on the part of some CAs,
or the lack of proper equipment to
receive and transfer STS calls to an STS
CA. The Commission asked whether
there are means by which it could
ensure that STS users can reach an STS
CA promptly and without disconnection
after dialing 711, for example through
the use of a prompt or menu.
12. Rather than mandating any
particular technical solution, the
Commission concludes that STS
providers must, at a minimum, employ
the same means of enabling their STS
users to connect to a CA when dialing
711 that they use for all other forms of
TRS. For example, where a provider
requires its CAs to directly answer
incoming 711 calls (i.e., they do not use
an interactive voice response (IVR)
menu system for incoming TRS calls), it
must ensure that its CAs are trained to
discern the specific needs of STS users
and promptly transfer these incoming
calls to STS CAs, so that these callers
have the same timely access to
communications that other TRS callers
have. Additionally, the provider may
not require that the caller hang up and
dial a different number (e.g., a toll free
number) to reach an STS CA because
this, too, would defeat the purpose of
requiring easy dialing access as
established in the 711 TRS Dialing
Order, and impose a particular hardship
on STS users, many of whom have
limitations in their motor dexterity due
to stroke, cerebral palsy or other
muscular limitations that have caused
their speech disabilities. Use of N11
Codes and Other Abbreviated Dialing
Arrangements, CC Docket No. 92–105,
Report and Order, published at 65 FR
54799, September 11, 2000 (711 TRS
Dialing Order).
13. To the extent that a provider uses
an IVR menu system that allows a direct
connection to a CA for TTY-based and
other forms of TRS on the first level of
menu prompts, it must allow STS users
to connect directly to an STS CA from
that first level of prompts. Ensuring that
STS users are not required to navigate
through extra dialing menus will enable
such users to communicate by
telephone in a manner that is
functionally equivalent to the ability of
an individual who does not have a
speech disability. The Commission
notes, however, that the mandate for
711 dialing does not preclude STS
providers from offering a single
nationwide toll free number as a
supplement to 711 dialing access.
However, a dedicated toll-free number
for STS calls cannot take the place of
711 STS dialing access, as this would be
inconsistent with the intent of the 711
TRS Dialing Order, which was to ensure
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49695
that easy dialing access be available to
all persons with hearing and speech
disabilities seeking to use TRS across
the country, as well as to voice
telephone users seeking to call such
persons.
14. In the 2008 STS NPRM, the
Commission tentatively concluded that
IP STS meets the definition of TRS
under section 225(a)(3) of the Act, and
thus may be eligible for compensation
from the Fund. The Commission now
concludes, however, that it needs
additional information in order to
determine whether an additional form
of STS that utilizes Internet-based
transmissions is necessary to achieve
functional equivalence for Americans
with speech disabilities, and, if so, to
establish the parameters for such form
of STS. It appears that STS users already
can obtain the claimed advantages of IP
STS, such as the ability to make calls on
a mobile or Internet-enabled device, by
simply using an interconnected VoIP
service to access a state STS relay
center. Additionally, the Commission
received the 2011 VA–STS Petition,
requesting the Commission to open a
proceeding on VA–STS, which employs
IP video technologies to enhance
relayed communication by people with
speech disabilities. Petitioners in the
2011 VA–STS Petition claim that
allowing the CA the ability to see and
get cues from ‘‘the user’s face and any
available seen body parts or indicators,’’
such as facial expressions and the
orientation and movement of the body,
enables the CA to more effectively revoice what a person with a speech
disability says during a call. In the
coming months, the Commission will
open a proceeding to seek comment on
whether an additional form of STS that
utilizes Internet-based transmissions is
necessary to achieve functional
equivalence for Americans with speech
disabilities, and, if so, how such service
should be structured and provided
under the Commission’s TRS program.
15. Consumer groups propose other
initiatives to further enhance the use
and quality of STS. A consumer group
asserts that STS providers should be
required to inform STS users of the TRS
confidentiality rules so that prospective
STS users would be reassured that their
privacy is being preserved. The
Commission declines to adopt this
proposal because it is concerned that
adding this requirement to the start of
every STS call may be unduly
burdensome for both the CA and other
users, many of whom may already be
familiar with this mandatory minimum
standard. Instead, the Commission
believes that informing potential users
of their right to TRS confidentiality is
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best incorporated into any outreach
efforts that are required by its current or
future rules. A second recommendation
is to require STS users’ profiles to be
immediately available to the STS CA
each time an STS user places an STS
call so that providers can provide a
better and more ‘‘consistent STS relay
experience’’ for users. The Commission
believes that this proposal deserves
consideration, but defers its resolution
until after the Commission seeks and
obtains further input on the proposal’s
merits in response to the Notice.
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Final Paperwork Reduction Act of 1995
Analysis
Document FCC 13–101 does not
contain any new or revised information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any new
or revised information collection burden
for small business concerns with fewer
than 25 employees, pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Final Regulatory Flexibility
Certification
1. 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 have a significant economic
impact on a substantial number of small
entities.’’ The RFA generally defines
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A small business concern is one which:
(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).
2. STS relay service is a form of TRS
that utilizes specially trained CAs who
understand the speech patterns of
persons with speech disabilities and can
repeat the words spoken by such
individuals to the other parties to a
relayed call. In the Order, the
Commission concludes that requiring an
STS CA to stay with the call for a
minimum of 20 minutes is best served
to ensure the effective and efficient
relaying of STS calls. The Commission
also finds that requiring that STS
providers offer the STS user the option
of having her or his voice muted so that
the other party to the call would hear
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only the STS CA re-voicing the call, and
not the voice of the STS user as well,
will give potential STS users the
confidence necessary to use STS. In
document FCC 13–101, the Commission
further requires that STS providers
must, at a minimum, employ the same
means of enabling their STS users to
connect to a CA when dialing 711 that
they use for all other forms of TRS. For
example, when a CA directly answers
an incoming 711 call, the CA must
transfer the STS user to an STS CA
without requiring the STS user to take
any additional steps. When an
interactive voice response (IVR) system
answers an incoming 711 call, the IVR
system must allow for an STS user to
connect directly to an STS CA using the
same level of prompts as the IVR system
uses for all other forms of PSTN-based
TRS.
3. The Commission concludes that
these new requirements are necessary to
improve the effectiveness and quality of
STS so that individuals with speech
disabilities may receive functionally
equivalent telephone service, as
mandated by Title IV of the Americans
with Disabilities Act. The Commission
believes that none of these requirements
would impose a significant burden on
providers, including small businesses.
Specifically, each of the three new
requirements entail only minor
operational changes that can be
accomplished at minimal cost to each
provider of STS, including small
businesses.
4. In analyzing whether a substantial
number of small entities will be affected
by the requirements adopted in
document FCC 13–101, the Commission
notes that the SBA has developed a
small business size standard for Wired
Telecommunications Carriers, which
consists of all such firms having 1,500
or fewer employees. Five providers
currently receive compensation from the
Interstate TRS Fund for providing STS:
AT&T Corporation; Hamilton Relay,
Inc.; Kansas Relay Service, Inc.; Purple
Communications, Inc. and Sprint Nextel
Corporation. The Commission notes that
only one of these five providers is a
small entity under the SBA’s small
business size standard. Because each of
the three new requirements adopted in
the Order entail only minor operational
changes that can be accomplished at
minimal cost to each provider of STS,
the Commission concludes that the
number of small entities affected by its
requirements in document FCC 13–101
is not substantial.
5. Therefore, for all of the reasons
stated above, the Commission certifies
that the requirements of document FCC
13–101 will not have a significant
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economic impact on a substantial
number of small entities.
Congressional Review Act
1. The Commission will send a copy
of document FCC 13–101 in a report to
be sent to Congress and the
Governmental Accountability Office
pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
Pursuant to sections 1, 4(i), (j), and
(o), 225, and 403 of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154(i), (j), and (o), 225, and 403,
document FCC 13–101 is adopted.
The 2006 STS Petition is granted to
the extent indicated herein.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
document FCC 13–101, including the
Final Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the Small Business
Administration.
List of Subjects in 47 CFR Part 64
Individuals with disabilities,
Telecommunications.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 part 64 as
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 154, 254(k); 403
(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, 620, and the
Middle Class Tax Relief and Job Creation Act
of 2012, Pub. L. 112–96, unless otherwise
noted.
2. Amend § 64.604 by revising
paragraph (a)(1)(v) and by adding
paragraphs (a)(1)(viii) and (b)(7) to read
as follows:
■
§ 64.604
Mandatory minimum standards.
*
*
*
*
*
(a) * * *
(1) * * *
(v) CAs answering and placing a TTYbased TRS or VRS call shall stay with
the call for a minimum of ten minutes.
CAs answering and placing an STS call
shall stay with the call for a minimum
of twenty minutes. The minimum time
period shall begin to run when the CA
reaches the called party. The obligation
of the CA to stay with the call shall
terminate upon the earlier of:
(A) The termination of the call by one
of the parties to the call; or
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Federal Register / Vol. 78, No. 158 / Thursday, August 15, 2013 / Rules and Regulations
(B) The completion of the minimum
time period.
*
*
*
*
*
(viii) STS providers shall offer STS
users the option to have their voices
muted so that the other party to the call
will hear only the CA and will not hear
the STS user’s voice.
*
*
*
*
*
(b) * * *
(7) STS 711 Calls. An STS provider
shall, at a minimum, employ the same
means of enabling an STS user to
connect to a CA when dialing 711 that
the provider uses for all other forms of
TRS. When a CA directly answers an
incoming 711 call, the CA shall transfer
the STS user to an STS CA without
requiring the STS user to take any
additional steps. When an interactive
voice response (IVR) system answers an
incoming 711 call, the IVR system shall
allow for an STS user to connect
directly to an STS CA using the same
level of prompts as the IVR system uses
for all other forms of TRS.
*
*
*
*
*
nonprocurement contracts also apply to
procurement contracts. This final rule
corrects that amendment.
DATES: Effective: August 15, 2013, and is
applicable beginning January 9, 2013.
FOR FURTHER INFORMATION CONTACT: For
information about this technical
correction, please contact Camille E.
Acevedo, Associate General Counsel for
Legislation and Regulations, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Washington, DC 20410;
telephone number 202–708–1793 (this
is not a toll-free number). Persons with
hearing or speech impairments may
access Mr. Blocker’s telephone number
via TTY by calling the toll-free Federal
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
48 CFR Part 2409
The uniform regulation for the
procurement of supplies and services by
federal departments and agencies, the
Federal Acquisition Regulation (FAR),
was promulgated on September 19, 1983
(48 FR 42102). The FAR is codified in
title 48, chapter 1, of the Code of
Federal Regulations. HUD promulgated
its regulation to implement the FAR on
March 1, 1984 (49 FR 7696). The
HUDAR (title 48, chapter 24 of the Code
of Federal Regulations) is prescribed
under section 7(d) of the Department of
HUD Act (42 U.S.C. 3535(d)); section
205(c) of the Federal Property and
Administrative Services Act of 1949 (40
U.S.C. 121(c)); and the general
authorization in FAR 1.301.
[Docket No FR–5571–F–03]
II. 2012 HUD Amendments
RIN 2501–AD56
HUDAR was last revised by final rule
published on December 10, 2012 (77 FR
73524). The December 10, 2012, final
rule was preceded by a March 16, 2012
(77 FR 15681), proposed rule that
announced that the purpose of the 2012
rulemaking was to implement various
miscellaneous and nonsubstantive
amendments to the HUDAR. The
preamble to the March 16, 2012,
proposed rule described amendments
that would correct the location of
various HUDAR provisions through
redesignation and corrected citations.
One of the amendments described in
the March 16, 2012, proposed rule was
to move 48 CFR 2409.7001 to its new
location, 48 CFR 2409.470. Section
2409.7001, entitled ‘‘HUD’s Regulations
on Debarment and Suspension, and
Ineligibility’’, read as follows: ‘‘HUD’s
policies and procedures concerning
debarment and suspension are
contained in 2 CFR parts 180 and 2424
and, notwithstanding 2 CFR
180.220(a)(1), apply to procurement
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2013–19786 Filed 8–14–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
HUD Acquisition Regulations
(HUDAR): Correcting Amendment
Office of the Chief Procurement
Officer, HUD.
ACTION: Final rule; Correcting
amendment.
AGENCY:
On December 10, 2012, HUD
published a final rule that amended the
HUDAR to implement miscellaneous
changes, which included, for example,
removing obsolete and redundant
provisions, updating provisions that
address the organizational structure of
HUD, and adding provisions on
contractor record retention. In making
the organizational changes specified in
the preamble of the December 10, 2012,
final rule and the March 16, 2012,
proposed rule, HUD inadvertently
omitted moving to the new regulatory
structure the clause that clarifies that
policies and procedures concerning
debarment and suspension for
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
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49697
contracts.’’ The preamble to the March
16, 2012, proposed rule stated that:
‘‘The content of current 2409.7001 is
proposed to be moved to the new
2409.470 with the same title, to more
accurately correspond to the FAR and
would be revised to correct the Code of
Federal Regulations citation. Current
subpart 2409.70 would be accordingly
removed, as 2409.7001 was the only
section in that subpart.’’ (See 77 FR
15683.) The correction of the citation
was to remove the references to 2 CFR
part 180, which is now unnecessary as
it is included by cross-reference in 2
CFR 2424.10 and elsewhere. Other than
relocation and correction of the citation,
no substantive change was proposed to
section 2409.7001. However, in the
published rule text, the portion after the
legal citation to 2 CFR part 2424 was
inadvertently dropped.
The preamble to the December 10,
2012, final rule advised that it was
implementing without change the
amendments proposed by the March 16,
2012, rule, and described a few
nonsubstantive amendments made that
were inadvertently omitted in the March
16, 2012, proposed rule. Unfortunately,
the March 16, 2012 proposed rule also
inadvertently omitted the full content of
prior regulatory section 2409.7001 that
was supposed to be moved, without
substantive change, to 2409.470, and the
December 10, 2012 final rule repeated
that error.
III. This Correcting Amendment Rule
This final rule corrects this error and
restores the full content of § 2409.7001
to new § 2409.470 with a corrected legal
citation. The 2012 rulemaking makes
clear that no significant substantive
changes were being made to the
HUDAR. The error did not change the
applicability of debarment and
suspension rules to procurements. To
remove the applicability of HUD’s
debarment and suspension policies and
procedures to procurement contracts,
which policies and procedures have
been applied to procurement contracts
to date and for many years previously,
would have made the 2012 rulemaking
a highly significant rule, and HUD
would have been required to provide
advance notice and solicit comment on
this change. Additionally, however, and
of equal or more importance is that HUD
has no authority to exempt procurement
contracts from debarment and
suspension policies and procedures.
The Federal Acquisition Regulation
(FAR) requires debarment and
suspension policies and procedures to
be applied to procurement contracts. In
the absence of an agency specifying its
own debarment and suspension policies
E:\FR\FM\15AUR1.SGM
15AUR1
]]>Agencies
[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Rules and Regulations]
[Pages 49693-49697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19786]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 08-15 and 03-123; FCC 13-101]
Speech-to-Speech and Internet Protocol (IP) Speech-to-Speech
Telecommunications Relay Services; Telecommunications Relay Services
and Speech-to-Speech Services for Individuals With Hearing and Speech
Disabilities
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission amends telecommunications
relay services (TRS) mandatory minimum standards applicable to Speech-
to-Speech (STS) relay service. This action is necessary to ensure that
persons with speech disabilities have access to relay services that
address their unique needs, in furtherance of the objectives of section
225 of the Communications Act of 1934, as amended (the Act), to provide
relay services in a manner that is functionally equivalent to
conventional telephone voice services.
DATES: Effective October 15, 2013.
FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer and
Governmental Affairs Bureau, Disability Rights Office, at (202) 559-
5158 or email Gregory.Hlibok@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Speech-to-Speech and Internet Protocol (IP) Speech-to-Speech
Telecommunications Relay Services; Telecommunications Relay Services
and Speech-to-Speech Services and Speech-to-Speech Services for
Individuals with Hearing and Speech Disabilities, Report and Order
(Order), document FCC 13-101, adopted on July 19, 2013, and released on
July 19, 2013, in CG Docket Nos. 08-15 and 03-123. In document FCC 13-
101, the Commission also seeks comment in an accompanying
[[Page 49694]]
Further Notice of Proposed Rulemaking (Notice), which is summarized in
a separate Federal Register Publication. The full text of document FCC
13-101 will be available for public inspection and copying via the
Commission's Electronic Comment Filing System (ECFS), and during
regular business hours at the FCC Reference Information Center, Portals
II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. It also
may 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,
Internet: www.bcpiweb.com. Document FCC 13-101 can also be downloaded
in Word or Portable Document Format (PDF) at https://www.fcc.gov/encyclopedia/telecommunications-relay-services-trs. 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).
Synopsis
1. Title IV of the Americans with Disabilities Act (ADA) requires
the Commission to ensure that TRS is available to all individuals with
hearing and speech disabilities in the United States and to increase
the utility of the telephone system by enabling these persons to access
the telephone system to make calls to, and receive calls from, other
individuals. Under Title IV, the Commission must ensure that, ``to the
extent possible and in the most efficient manner,'' relay services are
made available that provide access to the telephone system that is
``functionally equivalent'' to voice telephone services.
2. When Congress first enacted section 225 of the Act, relay calls
were placed using a text telephone device (TTY) connected to the public
switched telephone network (PSTN). Since then, the Commission has
determined that several new forms of relay fall within the definition
of TRS and decided to include PSTN-based STS, captioned telephone
service (CTS), video relay service (VRS), Internet Protocol Relay (IP
Relay), and IP captioned telephone service (IP CTS) as compensable
forms of TRS.
3. In March 2000, the Commission mandated that carriers obligated
to provide TRS also provide STS so that persons with speech
disabilities can access the telephone system. STS utilizes specially
trained communications assistants (CAs) who understand the speech
patterns of persons with speech disabilities and can repeat the words
spoken by such individuals to the other parties to a relayed call. A
person with a speech disability can initiate an STS call by dialing 711
(the nationwide access code for state relay providers) and giving the
CA the number of the person he or she wishes to call. The CA then makes
the outbound call, and re-voices what the STS user says to the called
party. Persons desiring to call a person with a speech disability via
STS can also dial 711 to reach a CA who can handle the call. At
present, states are responsible for compensating providers for the
costs of providing intrastate STS, while the Interstate
Telecommunications Relay Services Fund (Fund) compensates providers for
the costs of providing interstate STS.
4. On June 26, 2006, Bob Segalman and Rebecca Ladew filed a
petition requesting that the Commission amend its rules to require an
STS CA to stay with the call for a minimum of 20 minutes, rather than
15 minutes because ``STS calls often last much longer than text-to-
voice calls[,] changing CAs on these calls prior to 20 minutes can
seriously disrupt their flow and impair functionally equivalent
telephone service.'' Bob Segalman and Rebecca Ladew, Petition for
Amendment to TRS Rule on Speech-to-Speech Relay Service, CG Docket No.
03-123 (2006 STS Petition).
5. On December 21, 2007, Hawk Relay filed a Request for
Clarification that IP STS is a form of TRS eligible for compensation
from the Fund. Hawk Relay, Request for Expedited Clarification for the
Provision and Cost Recovery of Internet Protocol Speech-to-Speech Relay
Service, CG Docket No. 08-15 (IP STS Request). The IP STS Request
describes IP STS as a type of STS that uses the Internet to connect the
consumer to the relay provider. According to the IP STS Request, an IP
STS call is initiated by the relay user clicking an icon on his or her
computer or device. The user is connected to a CA over the Internet and
tells the CA the number to be dialed; the CA then connects the IP STS
user with the called party and relays the call between the two parties.
6. On June 24, 2008, the Commission released the 2008 STS NPRM in
response to the 2006 STS Petition and the IP STS Request.
Telecommunications Relay Services and Speech-to-Speech Services for
Individuals with Hearing and Speech Disabilities; Speech-to-Speech and
Internet Protocol (IP) Speech-to-Speech Telecommunications Relay
Service, CG Docket Nos. 03-123 and 08-15, Notice of Proposed
Rulemaking, published at 73 FR 47120, August 13, 2008 (2008 STS NPRM).
The Commission sought comment on whether to amend the TRS rules to
require STS CAs to stay with a call for a minimum of 20 minutes (rather
than 15 minutes), and whether the Commission should more specifically
define the point at which the minimum period of time begins to run. The
Commission also sought comment on whether to amend the TRS rules to
require that STS providers offer the STS user the option of having his
or her voice muted so that the other party to the call will hear only
the STS CA re-voicing the call, and not the voice of the STS user, as
well as on whether there are ways to ensure that STS users calling 711,
the nationwide dialing access code for TRS, will promptly reach an STS
CA to handle their calls. With respect to IP STS, the 2008 STS NPRM
sought comment on its tentative conclusions that IP STS is a form of
TRS compensable from the Fund, that it should be compensated at the
same rate as STS, and that an entity desiring to offer IP STS could
become eligible to do so by being accepted into a certified state TRS
program, subcontracting with an entity that is part of a certified
state program, or by seeking Commission certification.
7. On October 20, 2011, Speech Communications Assistance by
Telephone, together with eight other national disability organizations,
filed a petition requesting the Commission to open a proceeding on
modernizing STS to allow people with speech disabilities to benefit
from modern IP technologies through the use of video-assisted STS, or
VA-STS. Speech Communications Assistance by Telephone (SCT), Petition
for Rulemaking for Video Assisted STS (VID-STS) to Facilitate Phone
Communication for People with Severe Speech Disabilities, CG Docket No.
03-123 (2011 VA-STS Petition). VA-STS connects the caller and the CA
via a broadband video link, which allows the CA to see STS users as
they are speaking. Petitioners claim that giving the CA the ability to
see the STS caller's mouth movements, facial expressions, and gestures,
and possibly even cue cards, can enable the CA to better understand and
re-voice for the caller. In this manner, Petitioners assert, VA-STS
provides functional equivalence to many individuals with speech
disabilities who are not able to utilize traditional STS successfully.
8. As the Commission has recognized in the past, given the nature
of the interaction between an STS user and an STS CA, requiring a
longer minimum
[[Page 49695]]
period of time that an STS CA must stay with a call than is required
for other forms of TRS furthers section 225 of the Act's functional
equivalency objective. Based upon the record concerning past experience
with the preexisting 15 minute period of time that an STS CA must stay
with a call, the Commission now concludes that an incremental increase
to 20 minutes would better ensure functional equivalency, and the
Commission amends its rule accordingly. The record confirms that
transferring an ongoing call to a new CA is often disruptive because
the new STS CA must adjust to the speech patterns of the STS user.
Further, persons with speech disabilities often require a greater
amount of time and concentration to perform the tasks of listening to
the other party, thinking, forming a response, and then speaking.
9. The Commission concludes that the 20 minute time period should
begin when the CA reaches the called party, and amends its rules
accordingly. The Commission emphasizes that, for calls initiated by
persons with speech disabilities, the CA should initiate an outbound
call to the voice telephone user only when he or she is effectively
communicating with the STS user. Moreover, especially for STS calls
initiated by persons without a speech disability, the Commission
concludes that if, once the called party has been reached, the STS user
and the CA are at any point unable to communicate effectively, the STS
provider may switch the call to a different CA before the 20 minute
period has expired without violating the 20 minute in-call replacement
rule.
10. The Commission concludes that STS providers must offer STS
users the option to have their voices muted so that the other party to
the call will hear only the CA, not the user's voice, and it amends its
rules accordingly. This option will likely give more persons with
speech disabilities the confidence to use STS because many such
individuals are hesitant to allow the called party to hear their
speech.
11. In 2000, the Commission adopted nationwide 711 dialing access
to allow both persons with disabilities and voice telephone users to
initiate a TRS call from any telephone, anywhere in the United States,
and be connected to the TRS facility serving that calling area. In
2008, the Commission sought comment on a number of 711 issues specific
to STS users and noted that the Commission was in receipt of complaints
from STS users who reported being disconnected upon dialing 711 during
the transfer to an STS CA, indicating perhaps a lack of proper training
on the part of some CAs, or the lack of proper equipment to receive and
transfer STS calls to an STS CA. The Commission asked whether there are
means by which it could ensure that STS users can reach an STS CA
promptly and without disconnection after dialing 711, for example
through the use of a prompt or menu.
12. Rather than mandating any particular technical solution, the
Commission concludes that STS providers must, at a minimum, employ the
same means of enabling their STS users to connect to a CA when dialing
711 that they use for all other forms of TRS. For example, where a
provider requires its CAs to directly answer incoming 711 calls (i.e.,
they do not use an interactive voice response (IVR) menu system for
incoming TRS calls), it must ensure that its CAs are trained to discern
the specific needs of STS users and promptly transfer these incoming
calls to STS CAs, so that these callers have the same timely access to
communications that other TRS callers have. Additionally, the provider
may not require that the caller hang up and dial a different number
(e.g., a toll free number) to reach an STS CA because this, too, would
defeat the purpose of requiring easy dialing access as established in
the 711 TRS Dialing Order, and impose a particular hardship on STS
users, many of whom have limitations in their motor dexterity due to
stroke, cerebral palsy or other muscular limitations that have caused
their speech disabilities. Use of N11 Codes and Other Abbreviated
Dialing Arrangements, CC Docket No. 92-105, Report and Order, published
at 65 FR 54799, September 11, 2000 (711 TRS Dialing Order).
13. To the extent that a provider uses an IVR menu system that
allows a direct connection to a CA for TTY-based and other forms of TRS
on the first level of menu prompts, it must allow STS users to connect
directly to an STS CA from that first level of prompts. Ensuring that
STS users are not required to navigate through extra dialing menus will
enable such users to communicate by telephone in a manner that is
functionally equivalent to the ability of an individual who does not
have a speech disability. The Commission notes, however, that the
mandate for 711 dialing does not preclude STS providers from offering a
single nationwide toll free number as a supplement to 711 dialing
access. However, a dedicated toll-free number for STS calls cannot take
the place of 711 STS dialing access, as this would be inconsistent with
the intent of the 711 TRS Dialing Order, which was to ensure that easy
dialing access be available to all persons with hearing and speech
disabilities seeking to use TRS across the country, as well as to voice
telephone users seeking to call such persons.
14. In the 2008 STS NPRM, the Commission tentatively concluded that
IP STS meets the definition of TRS under section 225(a)(3) of the Act,
and thus may be eligible for compensation from the Fund. The Commission
now concludes, however, that it needs additional information in order
to determine whether an additional form of STS that utilizes Internet-
based transmissions is necessary to achieve functional equivalence for
Americans with speech disabilities, and, if so, to establish the
parameters for such form of STS. It appears that STS users already can
obtain the claimed advantages of IP STS, such as the ability to make
calls on a mobile or Internet-enabled device, by simply using an
interconnected VoIP service to access a state STS relay center.
Additionally, the Commission received the 2011 VA-STS Petition,
requesting the Commission to open a proceeding on VA-STS, which employs
IP video technologies to enhance relayed communication by people with
speech disabilities. Petitioners in the 2011 VA-STS Petition claim that
allowing the CA the ability to see and get cues from ``the user's face
and any available seen body parts or indicators,'' such as facial
expressions and the orientation and movement of the body, enables the
CA to more effectively re-voice what a person with a speech disability
says during a call. In the coming months, the Commission will open a
proceeding to seek comment on whether an additional form of STS that
utilizes Internet-based transmissions is necessary to achieve
functional equivalence for Americans with speech disabilities, and, if
so, how such service should be structured and provided under the
Commission's TRS program.
15. Consumer groups propose other initiatives to further enhance
the use and quality of STS. A consumer group asserts that STS providers
should be required to inform STS users of the TRS confidentiality rules
so that prospective STS users would be reassured that their privacy is
being preserved. The Commission declines to adopt this proposal because
it is concerned that adding this requirement to the start of every STS
call may be unduly burdensome for both the CA and other users, many of
whom may already be familiar with this mandatory minimum standard.
Instead, the Commission believes that informing potential users of
their right to TRS confidentiality is
[[Page 49696]]
best incorporated into any outreach efforts that are required by its
current or future rules. A second recommendation is to require STS
users' profiles to be immediately available to the STS CA each time an
STS user places an STS call so that providers can provide a better and
more ``consistent STS relay experience'' for users. The Commission
believes that this proposal deserves consideration, but defers its
resolution until after the Commission seeks and obtains further input
on the proposal's merits in response to the Notice.
Final Paperwork Reduction Act of 1995 Analysis
Document FCC 13-101 does not contain any new or revised information
collection requirements subject to the Paperwork Reduction Act of 1995,
Public Law 104-13. In addition, therefore, it does not contain any new
or revised information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Final Regulatory Flexibility Certification
1. 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 have a significant economic impact on a substantial number of
small entities.'' The RFA generally defines ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A small business
concern is one which: (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).
2. STS relay service is a form of TRS that utilizes specially
trained CAs who understand the speech patterns of persons with speech
disabilities and can repeat the words spoken by such individuals to the
other parties to a relayed call. In the Order, the Commission concludes
that requiring an STS CA to stay with the call for a minimum of 20
minutes is best served to ensure the effective and efficient relaying
of STS calls. The Commission also finds that requiring that STS
providers offer the STS user the option of having her or his voice
muted so that the other party to the call would hear only the STS CA
re-voicing the call, and not the voice of the STS user as well, will
give potential STS users the confidence necessary to use STS. In
document FCC 13-101, the Commission further requires that STS providers
must, at a minimum, employ the same means of enabling their STS users
to connect to a CA when dialing 711 that they use for all other forms
of TRS. For example, when a CA directly answers an incoming 711 call,
the CA must transfer the STS user to an STS CA without requiring the
STS user to take any additional steps. When an interactive voice
response (IVR) system answers an incoming 711 call, the IVR system must
allow for an STS user to connect directly to an STS CA using the same
level of prompts as the IVR system uses for all other forms of PSTN-
based TRS.
3. The Commission concludes that these new requirements are
necessary to improve the effectiveness and quality of STS so that
individuals with speech disabilities may receive functionally
equivalent telephone service, as mandated by Title IV of the Americans
with Disabilities Act. The Commission believes that none of these
requirements would impose a significant burden on providers, including
small businesses. Specifically, each of the three new requirements
entail only minor operational changes that can be accomplished at
minimal cost to each provider of STS, including small businesses.
4. In analyzing whether a substantial number of small entities will
be affected by the requirements adopted in document FCC 13-101, the
Commission notes that the SBA has developed a small business size
standard for Wired Telecommunications Carriers, which consists of all
such firms having 1,500 or fewer employees. Five providers currently
receive compensation from the Interstate TRS Fund for providing STS:
AT&T Corporation; Hamilton Relay, Inc.; Kansas Relay Service, Inc.;
Purple Communications, Inc. and Sprint Nextel Corporation. The
Commission notes that only one of these five providers is a small
entity under the SBA's small business size standard. Because each of
the three new requirements adopted in the Order entail only minor
operational changes that can be accomplished at minimal cost to each
provider of STS, the Commission concludes that the number of small
entities affected by its requirements in document FCC 13-101 is not
substantial.
5. Therefore, for all of the reasons stated above, the Commission
certifies that the requirements of document FCC 13-101 will not have a
significant economic impact on a substantial number of small entities.
Congressional Review Act
1. The Commission will send a copy of document FCC 13-101 in a
report to be sent to Congress and the Governmental Accountability
Office pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
Pursuant to sections 1, 4(i), (j), and (o), 225, and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), (j), and
(o), 225, and 403, document FCC 13-101 is adopted.
The 2006 STS Petition is granted to the extent indicated herein.
The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of document FCC 13-101,
including the Final Regulatory Flexibility Certification, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 64
Individuals with disabilities, Telecommunications.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); 403 (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, 620, and the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, unless
otherwise noted.
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2. Amend Sec. 64.604 by revising paragraph (a)(1)(v) and by adding
paragraphs (a)(1)(viii) and (b)(7) to read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(a) * * *
(1) * * *
(v) CAs answering and placing a TTY-based TRS or VRS call shall
stay with the call for a minimum of ten minutes. CAs answering and
placing an STS call shall stay with the call for a minimum of twenty
minutes. The minimum time period shall begin to run when the CA reaches
the called party. The obligation of the CA to stay with the call shall
terminate upon the earlier of:
(A) The termination of the call by one of the parties to the call;
or
[[Page 49697]]
(B) The completion of the minimum time period.
* * * * *
(viii) STS providers shall offer STS users the option to have their
voices muted so that the other party to the call will hear only the CA
and will not hear the STS user's voice.
* * * * *
(b) * * *
(7) STS 711 Calls. An STS provider shall, at a minimum, employ the
same means of enabling an STS user to connect to a CA when dialing 711
that the provider uses for all other forms of TRS. When a CA directly
answers an incoming 711 call, the CA shall transfer the STS user to an
STS CA without requiring the STS user to take any additional steps.
When an interactive voice response (IVR) system answers an incoming 711
call, the IVR system shall allow for an STS user to connect directly to
an STS CA using the same level of prompts as the IVR system uses for
all other forms of TRS.
* * * * *
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-19786 Filed 8-14-13; 8:45 am]
BILLING CODE 6712-01-P
