Improving Video Relay Service and Direct Video Calling, 26364-26372 [2019-11213]
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Rules and Regulations
50214 (Aug. 16, 2013), which adopted
licensing and technical rules as well as
a band plan for the 1915–1920 MHz and
1995–2000 MHz bands (the ‘‘H Block’’)
and procedures for assigning H Block
licenses through a system of competitive
bidding. The Rural Wireless
Association, Inc. (RWA) filed a Petition
for Reconsideration later that year
asking the Commission to reconsider its
decisions to license H Block spectrum
using Economic Areas (EAs) and to
adopt population-based performance
requirements. The Commission
disagrees with RWA’s contention that
the Commission should have: (1)
Licensed H Block spectrum using CMAs
rather than EAs, and (2) adopted
geographic-based, rather than
population-based, performance
requirements.
2. In this document, the Commission
dismisses in part and denies in part
RWA’s Petition for Reconsideration
because the Commission acted well
within its discretion, struck a reasonable
and well-justified balance among
multiple statutory goals. RWA also
asked the Commission not to use
package bidding, particularly
Hierarchical Package Bidding, in the H
Block Auction. The Commission
dismissed this request as moot because
package bidding was rejected in a
related proceeding. 28 FCC Rcd 13019.
Accordingly, it is ordered pursuant to
section 4(i), 4(j), 303(r), and 309(j) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 154(j),
303(r), and 309(j), as well as § 1.429 of
the Commission’s rules, 47 CFR 1.429,
that the Petition for Reconsideration
filed by the Rural Wireless Association,
Inc., on September 16, 2013, is
dismissed to the extent specified in this
Order on Reconsideration and,
alternatively and independently, denied
as specified in the Order on
Reconsideration.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2019–11047 Filed 6–5–19; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
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47 CFR Part 64
[CG Docket Nos. 10–51 and 03–123; FCC
19–39]
Improving Video Relay Service and
Direct Video Calling
Federal Communications
Commission.
AGENCY:
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ACTION:
Final rule.
In this document, the Federal
Communications Commission (FCC or
Commission) takes actions to: Enable
direct video calling between sign
language users and customer support
call centers, by adopting procedures for
qualified entities to register customer
support telephone numbers in the
telecommunications relay service (TRS)
Numbering Directory; facilitate per-call
validation of video relay service (VRS)
user registrations via the TRS
Numbering Directory querying system;
require VRS providers to register
enterprise and public videophones in
the TRS user registration database (User
Database or Database); prohibit VRS
providers from offering or providing
non-service related inducements to
entice consumers to sign up for or use
a VRS provider’s service; and make
technical corrections to the
Commission’s TRS rules. These actions
will improve VRS and direct video
calling for people with disabilities and
help protect against waste, fraud, and
abuse to the TRS program.
DATES: Effective Date: These rules are
effective July 8, 2019, except for the
amendments to §§ 64.611, 64.613, and
64.615, which are delayed. The
Commission will publish a document in
the Federal Register announcing the
effective date.
FOR FURTHER INFORMATION CONTACT:
Michael Scott, Consumer and
Governmental Affairs Bureau, at (202)
418–1264, or email Michael.Scott@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, document FCC 19–39,
adopted on May 9, 2019, released on
May 15, 2019, in CG Docket Nos. 10–51
and 03–123. The Commission
previously sought comment on these
issues in the Further Notice of Proposed
Rulemaking (2017 VRS Improvements
FNPRM), published at 82 FR 17613,
April 12, 2017. A Further Notice of
Proposed Rulemaking (FNPRM)
contained in document FCC 19–39 is
published elsewhere in this issue of the
Federal Register. The full text of
document FCC 19–39 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. 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
SUMMARY:
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the Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice) or
(202) 418–0432 (TTY).
Congressional Review Act
The Commission sent a copy of
document FCC 19–39 to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
Final Paperwork Reduction Act of 1995
Analysis
The Report and Order in document
FCC 19–39 contains modified
information collection requirements,
which are not effective until approval is
obtained from OMB. The Commission,
as part of its continuing effort to reduce
paperwork burdens, will invite the
general public to comment on these
information collection requirements as
required by the Paperwork Reduction
Act (PRA) of 1995, Public Law 104–13.
The Commission will publish a separate
document in the Federal Register
announcing approval of the information
collection requirements. Pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, 44 U.S.C.
3506(c)(4), the Commission previously
sought comment on how the
Commission might ‘‘further reduce the
information burden for small business
concerns with fewer than 25
employees.’’ 2017 VRS Improvements
FNPRM.
Amendments to §§ 64.611, 64.613,
and 64.615 of the Commission’s rules,
which contain modified information
collection requirements, shall be
effective on the date specified in a
document to be published in the
Federal Register announcing Office of
Management and Budget (OMB)
approval of the information collection
requirements of such rules pursuant to
the Paperwork Reduction Act.
Synopsis
1. VRS is a form of TRS that enables
people with hearing or speech
disabilities who use sign language to
make telephone calls over broadband
with a videophone. In addition to
enabling communication between ASL
users and voice users, the VRS system
also enables ASL users to communicate
directly with other ASL users via video.
Direct Video Access to the TRS
Numbering Directory
2. In order to facilitate direct video
calling between sign language users and
customer support call centers, the
Commission allows telephone numbers
and routing information for qualifying
call centers to be entered in the TRS
Numbering Directory (Numbering
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Directory or Directory). Entities
designated as ‘‘Qualified Direct Video
Entities’’ may be granted access to the
Directory in order to support direct
communications between registered
VRS users and customer support call
centers. As the Commission has
previously recognized, point-to-point
video supports the purposes of section
225 of the Act more directly than VRS
does, because the communication it
enables is direct, rather than mediated,
and far more efficient. Therefore, the
Commission’s action provides a major
opportunity to enhance the ability of
sign language users to engage in more
effective, efficient, and private
communication with customer
support—especially because so much of
VRS traffic involves calls placed to the
customer support call centers of large
businesses and government agencies.
For the same reason, enabling such
communication makes possible major
cost savings for the TRS Fund, by
reducing the need for third-party CAs to
participate in customer support calls.
3. To implement this change, the
Commission first clarifies who can be
afforded such Directory access. Because
the purpose of this rule is to facilitate
the use of telephone numbers to reach
direct-video-capable customer support
centers, the Commission defines a
Qualified Direct Video Entity that may
be granted Directory access as an
individual or entity that is engaged in
direct video customer support and that
(1) is the end-user customer that has
been assigned the telephone number(s)
used for direct video customer support
calls or (2) is the designee of such an
entity.
4. Obtaining Numbering Directory
Access. In order to obtain authorization
for access to the Directory as a Qualified
Direct Video Entity, an interested party
must submit an application to the
Commission’s Consumer and
Governmental Affairs Bureau (CGB) that
includes: (1) The applicant’s name,
address, telephone number, and email
address; (2) a description of the service
to be provided; (3) an acknowledgment
that Directory access is conditional on
compliance with applicable
Commission rules, obligations, and
standards; (4) contact information for
personnel responsible for such
compliance; and (5) certification that
the applicant’s description of service
meets the definition of direct video
customer support and that the
information provided is accurate and
complete. CGB, in consultation with the
Commission’s Office of the Managing
Director, shall approve Directory access
if the applicant demonstrates, through
its responses to each of the above
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requests for information and any
additional information requested by
CGB, that it has a legitimate need for
such access and is aware of its
regulatory obligations. A Qualified
Direct Video Entity may relinquish its
Directory access authorization by so
notifying the Commission, and such
authorization will terminate
automatically if one year elapses with
no call-routing queries received
regarding any of the Entity’s numbers.
Further, the Commission may terminate
such authorization if it determines, after
notice to the entity and an opportunity
to contest such termination, that the
entity is no longer qualified as described
in its application, has materially
misrepresented information to the
Commission, the TRS Numbering
Administrator, or the User Database
administrator, has failed to provide
required information in the format
requested, or has violated an applicable
Commission rule or order. Following
the termination of an authorization, the
TRS Numbering administrator shall
remove the previously authorized
entity’s telephone numbers from the
TRS Numbering Directory.
5. After receiving Commission
approval, a Qualified Direct Video
Entity shall enter a telephone number
into the Directory by submitting the
telephone number, associated call
routing information, and registration
information in accordance with
instructions provided by the TRS
Numbering administrator. For each
customer support telephone number to
be entered into the Directory, unless
otherwise instructed by the User
Database administrator, a Qualified
Direct Video Entity must create an
equivalent entry in the Database by
providing: The Entity’s name; the date
that the Entity was approved for
Directory access; the name of the enduser customer support call center(s) (if
different from the Entity); contact
information for the end-user customer
support call center(s) that will receive
calls placed to the customer support
number; and other information
reasonably requested by the User
Database administrator. Providing such
information will enable the User
Database administrator and the TRS
Numbering administrator to confirm
that the Qualified Direct Video Entity
has been approved for Directory access
and will help ensure that the Directory
provides an appropriate response to a
VRS provider’s per-call validation query
regarding the customer support
telephone number. A Qualified Direct
Video Entity must provide appropriate
notification as directed by the User
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Database administrator and the TRS
Numbering Administrator if any of the
information provided changes or if a
customer support number entered in the
Directory is transferred to a different
Qualified Direct Video Entity or is no
longer being used for a qualified direct
video purpose. The User Database
administrator shall remove from the
User Database each customer support
telephone number for a Qualified Direct
Video Entity that has had its
authorization to access the TRS
Numbering Directory terminated.
6. A Qualified Direct Video Entity’s
Directory access includes (1) adding and
deleting customer support telephone
numbers and routing information, (2)
conducting data queries to obtain
routing information for outbound pointto-point video calls originating from
such telephone numbers, (3) conducting
data queries to enable the transfer of
inbound direct video calls to a VRS
provider when needed, and (4)
performing other necessary
administrative functions as determined
by the TRS Numbering administrator in
consultation with the User Database
administrator and the Commission.
7. Qualified Direct Video Entities
granted access to the Directory will be
held to the same rules and obligations
that govern VRS providers’ access to the
Directory and use of Directory numbers,
including complying with the
instructions of the TRS Numbering
Administrator, and applicable standards
pertaining to privacy, security, and
reliability. To ensure effective telephone
communication, the Commission further
require that videophones, software, and
transmission protocols used for direct
video customer support adhere to the
same interoperability standards
applicable to VRS providers. Further,
Qualified Direct Video Entities may be
subject to fees to recover any additional
costs incurred by the TRS Numbering
Administrator or other TRS
administrators. Accordingly, the
Commission does not anticipate that
any significant regulatory burdens or
costs will be imposed on the TRS Fund
or VRS providers. Moreover, because
participation by video entities is strictly
voluntary, the Commission is confident
that the benefits of such participation
will far exceed the minimal
participation costs incurred by those
entities choosing to participate.
8. Customer Support Telephone
Numbers for VRS and Direct Video
Callers. The Commission will let the
business or government agency involved
in customer support services determine
whether to make direct video
communication available via a
dedicated video number or via the
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generally advertised customer support
number, as long as consumers retain the
ability to communicate with customer
support centers through VRS.
9. Outset of a Call—Dedicated Direct
Video Customer Support Number. If the
telephone number entered in the
Directory is a dedicated direct video
line that is different from the company’s
generally advertised telephone number,
a consumer will be able to choose
between dialing the dedicated direct
video number or dialing the generally
advertised customer support number
and communicating through VRS. If
operating a dedicated direct video
customer support number, businesses or
government agencies may also use
interactive response systems that allow
the host system to interact with the VRS
user through the use of ASL and dualtone multi-frequency signaling (DTMF).
Currently, before setting up a relay call,
VRS providers must check the Directory
to ensure that the call is not being made
to a destination telephone number that
can accept video calls directly. If the
call center uses a dedicated number for
direct video calls, only the dedicated
number will be listed in the Directory,
and VRS users seeking to communicate
via direct video must dial that dedicated
number. The generally advertised
customer support number will not be
listed in the Directory; therefore, a VRS
user who wishes to initiate a customer
support call via VRS can simply dial the
general customer support number,
instead of the dedicated video number,
and a VRS provider will automatically
handle the call as a VRS call, in the
same manner as when a VRS user dials
any voice telephone number.
10. Outset of a Call—Single Unified
Customer Support Number.
Alternatively, the direct video number
entered in the directory may be the
same as the generally advertised
telephone number used for voice calls to
the customer support call center. In this
case, VRS users seeking to communicate
with customer support via direct video
will simply dial the generally advertised
number on their videophone, and—
because that generally advertised
number will be listed in the Directory—
the call will be routed directly to the
customer support center as a point-topoint video call. The customer support
center then will detect the call as a
videophone call and connect the caller
directly to a representative using sign
language, a sign language-enabled
Interactive Video Response system, or
another appropriate network
termination for the sign language user.
Sign language users who instead wish to
use VRS will be able to bypass the direct
video option by first entering their VRS
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provider’s URL (or selecting a menu
option on their device’s screen to do
this) and then directing the VRS CA to
place a VRS call to the generally
advertised customer support number.
Once the CA is on the call, it will be
routed as a voice call and detected as
such by the customer support center.
Any prompts or announcements
conveyed to VRS users regarding calls to
direct-video-equipped call centers must
be neutral and must not be worded so
as to ‘‘steer’’ the user toward requesting
that a customer support call be handled
as a VRS call rather than as a direct
video call.
11. The Commission directs the TRS
Numbering Administrator to implement
a method for identifying single unified
customer support numbers (e.g., by
adding an appropriate field to the
format for routing query responses). The
Commission also directs the TRS Fund
administrator to provide a method for
reporting VRS calls involving unified
customer support numbers and
verifying the compensability of such
calls. The Commission directs the
Disability Rights Office to announce the
effective date for the rules governing
single unified customer support
numbers once these steps have been
taken.
12. Converting Direct Video Calls to
VRS. Under either of the above
alternatives, authorizations for TRS
Numbering Directory access are
conditional on the customer support
center being able to initiate a call
transfer that converts a point-to-point
video call into a VRS call, in the event
that a VRS user communicating with a
direct video customer agent needs to be
transferred to a hearing person, such as
a supervisor or specialist within the
customer support center, while the call
is in progress. Although the
Commission does not mandate how this
is to be done, it notes that existing
protocols, such as the Session internet
Protocol (SIP) transfer procedure,
provide a framework for call transfers,
whereby the caller’s default VRS
provider could re-connect the call to a
VRS CA, who would then complete the
call between the VRS user and the
hearing customer support agent via
VRS. As there is at least one commonly
deployed mechanism for dynamically,
seamlessly upgrading a direct video call
to a VRS call that is a common part of
the SIP standard, the Commission
believes there will be little cost to this
integration, and that such costs will be
exceeded by the benefits of enabling
videophone users to easily access VRS
providers when CA services are
necessary. Further, the VRS provider’s
obligation to implement such a call
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transfer on request is consistent with a
VRS provider’s obligations to route and
deliver a user’s inbound and outbound
calls, ensure interoperability, and
provide functionally equivalent service.
To expedite this process, the
Commission encourages VRS providers
and Qualified Direct Video Entities to
work cooperatively to implement the
necessary technical changes for such
call transfers that minimize the burden
to VRS users to communicate with the
appropriate party on a call. No later
than six months after the effective date
of the amendments to this section, each
VRS provider shall be capable of
activating an effective call transfer
procedure within 60 days after receiving
a request to do so from a Qualified
Direct Video Entity. Finally, to the
extent that call transfers of this kind are
prohibited by the VRS Provider
Interoperability Profile technical
standard, the Commission exempts such
call transfers from such prohibition. The
Commission directs the TRS Fund
administrator to revise its filing
instructions to provide appropriate and
timely guidance to VRS providers on the
format to be used and the information
to be provided when claiming
compensation for VRS calls that are
involved in such call transfers.
TRS User Registration Database
13. Facilitating Call Validation
through the TRS Numbering Directory.
The Commission’s rules require VRS
providers to validate the eligibility of
the party on the video side of each VRS
call by querying the User Registration
Database. The Commission amends its
rules to allow for implementation of a
querying method that makes use of the
existing TRS Numbering Directory
querying system by requiring VRS
providers to direct call validation
queries to the appropriate system of
records (either the Numbering Directory
or the User Database) that is identified
in the relevant instructions, which will
be issued by the Commission, the TRS
Fund administrator, or the TRS
Numbering Administrator. The
Commission takes this action to provide
greater flexibility for administration of
the VRS program and enable the
operation of TRS data systems in the
most effective and efficient way.
14. With the adoption of this rule
change, as well as the requirement for
registration of enterprise and public
videophones, discussed below, the stage
is set for activation of the per-call query
function. A compliance date for the percall validation requirement will be set
by public notice, which will be issued
by CGB no earlier than 90 days after the
expiration of the 120-day window for
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submission of enterprise and public
videophone registration data to the
Database. This will allow a period of
parallel operation once all of the data is
submitted to the Database, but before
providers are required to rely on the
per-call validation queries.
15. Registering Enterprise and Public
Videophones in the Database. The
Commission amends its rules to require
VRS providers to submit registration
information to the User Registration
Database administrator for public and
enterprise videophones. Such
registration is necessary to assist the
Fund administrator in reviewing
compensation requests involving such
videophones and auditing how such
videophones are used, and thereby to
help prevent waste, fraud, and abuse in
the VRS program. A VRS provider must
submit registration information for any
enterprise or public videophone for
which it assigns or receives a port of a
NANP telephone number (i.e., for which
it is the default VRS provider). As with
individual user registrations, once an
enterprise or public videophone has
been registered in the User Registration
Database, the videophone’s telephone
number will be transmitted to the TRS
Numbering Directory to enable per-call
validation queries.
16. The Commission does not address
at this time the proposal to require
default VRS providers to implement login procedures for individuals using
enterprise and public videophones for
VRS calls. Pending Commission action
on the log-in proposal, VRS providers
will be paid for compensable calls that
are completed to and from such
videophones in compliance with rules
in effect at the time of the call.
17. Definitions. The Commission
defines an ‘‘enterprise videophone’’ as a
videophone maintained by a business,
organization, government agency, or
other entity and designated for use by
its employees or other individuals in
private or restricted areas. Videophones
provided by enterprises may be situated
in a variety of locations, including
private or shared offices, conference
rooms, other common rooms, or hospital
rooms, and therefore may be intended
for use by individuals other than
‘‘employees’’—while still not fitting the
definition of a ‘‘public’’ videophone.
The Commission defines a ‘‘public
videophone’’ as a videophone
maintained by a business, organization,
government agency, or other entity, and
made available for use by the public in
a public space, such as a public area of
a business, school, hospital, library,
airport, or government building. As
adopted, both definitions make clear
that the covered devices may be used for
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point-to-point calls by people who may
not know ASL. Because the TRS Fund
does not compensate for point-to-point
calls, there is no reason to require ASL
as opposed to any other form of sign
language during such calls.
18. Registration and Certification
Requirements. The Commission requires
each VRS provider to submit the
following registration information for
enterprise and public videophones for
which it assigns or receives a port of a
NANP telephone number: The name of
the default VRS provider; the
videophone’s NANP telephone number;
The name and physical address of the
organization, business, or agency where
the enterprise or public videophone is
located; the date that the default VRS
provider initiated service to the
videophone; the name of the individual
associated with the organization,
business, or agency who is responsible
for the videophone; and confirmation
that the provider has obtained a signed
certification from that individual stating
that such person understands the
function of the videophone and that the
cost of VRS calls made on the
videophone is financed by the federally
regulated Interstate TRS Fund.
19. For enterprise videophones, the
signed certification must also include a
statement from the responsible
individual that the organization,
business, or agency will make
reasonable efforts to ensure that only
persons with a hearing or speech
disability are permitted to use the phone
for VRS. The VRS provider must also
state whether the device is assigned to
a hearing individual who knows sign
language and identify the specific type
of location where the videophone is
placed within the organization,
business, or agency, to enable the
administrator to conduct studies of how
these phones are used and to identify
unusual calling patterns that might
signal waste, fraud, or abuse.
20. The Commission does not require
VRS providers to submit the tax
identification (ID) number of a
registering enterprise because other
information is available to verify the
identity and location of an enterprise.
The Commission requires VRS
providers to maintain the
confidentiality of any registration and
certification information they obtain for
enterprise and public videophones.
21. Timeframe for Compliance. The
Commission will release a public notice
announcing a 120-day period within
which VRS providers must submit
registration information to the Database
administrator for all enterprise and
public videophones then in service. For
VRS calls placed on or before the data
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submission deadline (i.e., the last day of
this 120-day period) to and from phone
numbers identified by TRS providers as
associated with enterprise and public
videophones, compensation will be paid
if such calls are determined to be
compensable in accordance with the
procedures in place as of the date of the
call. For calls placed after the data
submission deadline, if registration data
for the enterprise or public videophone
was submitted to the Database on or
before the data submission deadline,
and the verification check is not
completed as of that deadline,
compensation will be paid or withheld
in accordance with the guidance
provided in the TRS–URD Registration
Extension Order, document DA 18–196.
If a public or enterprise videophone is
activated after the data submission
deadline, or if registration information
for an existing phone is not submitted
until after the deadline, VRS calls to or
from the videophone are compensable
only if made after the registration data
has been submitted and verified.
22. Terminations and Usage
Monitoring. In the Report and Order, the
Commission requires VRS providers to
monitor enterprise and public
videophone usage and to report any
unusual activity to the TRS Fund
administrator. In addition, the
Commission requires VRS providers to
notify the TRS Fund administrator
within one business day after a
registered enterprise or public
videophone is removed or permanently
disconnected from VRS. The collection
of this information is necessary to
prevent waste, fraud, and abuse, given
that enterprise and public videophones
are available for use by multiple
individuals.
Prohibiting Non-Service Related
Inducements
23. In the Report and Order, the
Commission prohibits VRS providers
from offering or providing non-service
related inducements that are intended to
entice consumers to sign up for or use
a VRS provider’s service. Specifically,
the Commission adopts a new rule
prohibiting VRS providers from offering
or providing, to any individual or entity,
any form of direct or indirect incentives,
financial or otherwise, whether express
or implied, for the purpose of
encouraging individuals to register for
or use a VRS provider’s service.
24. The rule amendment addresses
sign-up incentives aimed primarily at
inducing current VRS users to switch
(or refrain from switching) providers,
rather than recruiting entirely new
users. Such incentives undermine the
achievement of statutory objectives,
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albeit in a more indirect fashion.
Competition among providers to offer
sign-up inducements tends to increase
VRS costs without improving the
quality of service, impairing providers’
ability and incentive to compete on
service quality. Further, to the extent
that inducements to choose a particular
provider are offered selectively to
relatively high volume users (or to
consumers perceived as such), they are
likely to increase the cost burden on the
TRS Fund, by generating a perverse
incentive for users to make calls that
otherwise would not be made. In the
context of a service supported by the
TRS Fund, the record does not disclose
any benefit from non-service-related
incentives that could conceivably offset
the harms described above.
25. The inducements the Commission
prohibits are not limited to loyalty
programs, user appreciation awards,
charitable donations and other
incentives to increase VRS usage, but
also include non-service-related giveaways, such as video game systems, that
reward or entice users to register for or
use a particular provider’s VRS. The
prohibition covers inducements to
continue using a particular provider as
well as inducements to change one’s
default provider or to dial-around to a
particular provider. The Commission
does not prohibit de minimis giveaways, such as pens and T-shirts, as
such items do not rise to the level of an
inducement sufficient to entice a
consumer to sign up for or use a
particular provider’s service. The
Commission concludes that this
approach builds upon the Commission’s
earlier financial incentives rulings in
ways that account for the particular
harms to statutory goals and TRS
policies arising from these types of
incentives. Where a consumer device is
given out to induce users to switch
default providers, or stay with their
current provider, and is not the type of
device ordinarily needed or used to
place a VRS call, it should be
prohibited. In determining whether a
free give-away constitutes a non-service
related inducement, the Commission
will consider, among other things, the
extent to which the equipment is
designed, marketed, and used for relay
communication. Providers that are
uncertain about the permissibility of
giving away a particular device may
seek guidance from the Commission
prior to engaging in such activity.
26. Although this new rule does not
cover providing VRS-related items, such
as videophones and video monitors, at
no or minimal charge, the Commission’s
existing rule prohibiting VRS provider
practices that improperly stimulate VRS
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usage necessarily encompasses the
practice of providing VRS-related
equipment at no or minimal charge to
select users based on their actual or
expected volume of VRS minutes. The
Commission reminds VRS providers
that, absent a clear justification, e.g.,
based on the nature of a particular
person’s disability, or the launching of
a limited-duration opt-in product testing
program with clear instruction on
participation requirements, the
provision of equipment at no or
minimal charge to select individuals,
whether or not service-related, may be
deemed evidence that a provider has
violated the rule against practices that
cause or encourage the making of VRS
calls that would not otherwise be made.
Technical Corrections to the TRS Rules
27. The Commission amends
§ 64.604(c) of its rules to correct
erroneous cross-references and an
incorrect paragraph number.
Specifically, the cross-references in the
current text of § 64.604(c)(5)(iii)(D) of its
rules, citing provisions of paragraph
(c)(5)(iii)(C), are corrected to cite the
corresponding provisions of paragraph
(c)(5)(iii)(D). In addition, § 64.604(c)(12)
of its rules, which includes two
paragraphs (c)(12)(ii), is corrected to
change the numbering of the second
paragraph from (c)(12)(ii) to (c)(12)(iii).
Final Regulatory Flexibility Analysis
28. As required by the Regulatory
Flexibility Act of 1980, as amended, the
Commission incorporated an Initial
Regulatory Flexibility Analysis (IRFA)
into 2017 VRS Improvements FNPRM.
The Commission sought written public
comment on the proposals in the 2017
VRS Improvements FNPRM, including
comment on the IRFA. No comments
were received in response to the IRFA.
Need For, and Objectives of, the Rules
29. With regard to enterprise and
public videophones, the Report and
Order adopts requirements for VRS
providers to: (1) Submit registration
information to the User Database
administrator for each enterprise or
public videophone after notice from the
Commission that the Database is ready
to accept such information; (2) notify
the TRS Fund administrator in the event
a registered enterprise or public
videophone is removed from service or
permanently disconnected from VRS,
within one business day of such
termination; and (3) monitor
videophone usage and report any
unusual activity to the TRS Fund
administrator.
30. The Report and Order also (1)
adopts a requirement for VRS providers,
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when validating the eligibility of the
party on the video side of each VRS call,
to query either the User Database or the
TRS Numbering Directory, as directed
by the Commission, the TRS Fund
administrator, or the TRS Numbering
Administrator; (2) allows qualified
entities to access the TRS Numbering
Directory in order to enable direct video
calling (direct video) by registered VRS
users to customer support call centers;
and (3) prohibits VRS providers from
offering or providing any form of direct
or indirect incentives for the purpose of
encouraging consumers to register for or
use VRS.
Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
31. No comments were filed in
response to the IRFA.
Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
32. The Chief Counsel for Advocacy
of the Small Business Administration
did not file any comments in response
to the proposed rules in this proceeding.
Small Entities Impacted
33. The rules adopted in the Report
and Order will affect obligations of VRS
providers and providers of direct video
services. These services can be included
within the broad economic category of
All Other Telecommunications.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
34. The rule prohibiting VRS
providers from offering or providing
incentives to register for or use VRS
does not create direct reporting and
recordkeeping requirements, but does
impose compliance requirements on
VRS providers. Specifically, this rule
requires VRS providers to refrain from
offering or providing incentives to
encourage consumers to register for or
use VRS.
35. The rules affecting enterprise and
public videophones will require VRS
providers to collect and retain
identifying information for the
videophones for which they are the
default VRS provider and to provide
that information to the User Database
administrator, including the name of the
default VRS provider, the name and
physical address of the organization,
business, or agency where the
videophone is located, the date that
service to the videophone is initiated,
the name of the individual associated
with the organization, business, or
agency who is responsible for
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maintaining the videophone, and
confirmation that the provider has
obtained a signed certification from that
individual stating that such person
understands the function of the
videophones and that the cost of VRS
calls is financed by the federally
regulated Interstate TRS Fund, and for
enterprise phones that the person
certifying will make reasonable efforts
to ensure that only eligible users make
use of the videophones. VRS providers
are also required to monitor usage of
enterprise and public videophones and
report unusual activity to the TRS Fund
administrator.
36. The rules require VRS providers,
when validating the eligibility of the
party on the video side of each VRS call,
to query either the User Database or the
TRS Numbering Directory, as directed
by the Commission, the TRS Fund
administrator or the TRS Numbering
Administrator, rather than requiring that
only the User Database may be queried.
37. Qualified Direct Video Entities
seeking access to the TRS Numbering
database are required to submit an
application that includes: (1) The
applicant’s name, address, telephone
number, and email address; (2) a
description of the service to be
provided; (3) an acknowledgment that
the authorization granted under this
paragraph is subject to compliance with
applicable Commission rules; (4)
contact information for personnel
responsible for addressing issues
relating to such compliance; and (5)
certification that the applicant possesses
the financial, managerial, and technical
expertise to provide reliable service. To
enter a telephone number into the TRS
Numbering Directory, Qualified Direct
Video Entities will be required to
submit the telephone number,
associated call routing information, and
registration information in accordance
with instructions provided by the User
Database administrator. The Qualified
Direct Video Entity must provide to the
User Database administrator the
Qualified Direct Video Entity’s name;
the date that the Qualified Direct Video
Entity was approved for numbering
access; the name of the end-user
customer support center (if different
from the Qualified Direct Video Entity);
the physical address of the customer
support center or centers that will
receive calls placed to the direct video
number and other information
reasonably requested by the User
Database administrator.
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Steps Taken To Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered
38. The provision of VRS to enterprise
and public videophones is optional for
VRS providers. The registration
requirements for such videophones
apply equally to all VRS providers and
users, and are necessary to prevent
waste, fraud, and abuse of the TRS Fund
by making it possible for the TRS Fund
administrator to monitor call data
records for unusual call patterns. The
registration requirements for enterprise
and public videophones are no more
burdensome than the registration
requirements for individual
videophones. To the extent there are
differences in operating costs resulting
from economies of scale, those costs are
reflected in the different rate structures
applicable to large and small VRS
providers.
39. The rule requiring VRS providers,
when validating the eligibility of the
party on the video side of each VRS call,
to query either the User Database or the
TRS Numbering Directory, as directed
by the Commission, the TRS Fund
administrator, or the TRS Numbering
Administrator, rather than requiring that
only the User Database may be queried,
as the rules are currently written, is not
burdensome. This change does not alter
the basic requirement to query a
database; its only effect is to possibly
change the database that providers must
query.
40. Permitting Qualified Direct Video
Entities to access the TRS Numbering
Directory is necessary for the purpose of
routing calls to and from such customer
support call centers. Granting access
will subject Qualified Direct Video
Entities to call-routing, application, and
registration rules that are similar to and
no more burdensome than those
currently applicable to VRS providers.
The application and registration
requirements apply only to those
entities that seek to place numbers in
the TRS Numbering Directory and are
necessary to ensure that such entities
are aware of and capable of meeting
their regulatory obligations and have a
legitimate need to access the TRS
Numbering database.
41. Prohibiting VRS providers from
offering or providing direct or indirect
inducements to register for or use VRS
will help ensure that VRS is available to
the extent possible and in the most
efficient manner while helping to limit
waste, fraud, and abuse by preventing
VRS providers from encouraging users
to make calls that the users might
otherwise not make. Adopting this
prohibition may benefit small VRS
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26369
providers by removing competitive costs
associated with offering inducements
unrelated to providing service and
focusing competition on service quality.
Ordering Clauses
42. Pursuant to sections 1, 2, 225, and
251 of the Communications Act of 1934,
as amended, 47 U.S.C. 151, 152, 225,
251, document FCC 19–39 is adopted
and part 64 of title 47 is amended.
List of Subjects in 47 CFR Part 64
Individuals with disabilities,
Telecommunications,
Telecommunications relay services.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 64 as
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 217,
218, 220, 222, 225, 226, 227, 228, 251(a),
251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 620,
and 1401–1473, unless otherwise noted.
2. Amend § 64.601 by redesignating
paragraphs (a)(13) through (27) and (28)
through (47) as paragraphs (a)(15)
through (29) and (32) through (51) and
adding new paragraphs (a)(13) and (14)
and (30) and (31) to read as follows:
■
§ 64.601 Definitions and provisions of
general applicability.
(a) * * *
(13) Direct video customer support. A
telephone customer support operation
that enables callers with hearing or
speech disabilities to engage in real-time
direct video communication in ASL
with ASL speakers in a call center
operation.
(14) Enterprise videophone. A
videophone maintained by a business,
organization, government agency, or
other entity, and designated for use by
its employees or other individuals in
private or restricted areas.
*
*
*
*
*
(30) Public videophone. A videophone
maintained by a business, organization,
government agency, or other entity, and
made available for use by the public in
a public space, such as a public area of
a business, school, hospital, library,
airport, or government building.
(31) Qualified direct video entity. An
individual or entity that is approved by
the Commission for access to the TRS
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Numbering Directory that is engaged in
direct video customer support and that
is the end-user customer that has been
assigned a telephone number used for
direct video customer support calls or is
the designee of such entity.
*
*
*
*
*
■ 3. Amend § 64.604 by revising
paragraphs (c)(5)(iii)(D)(2) introductory
text, (c)(5)(iii)(D)(3), (c)(5)(iii)(D)(4)
introductory text, (c)(5)(iii)(D)(4)(i),
(c)(8) heading, and (c)(8)(v), adding
paragraph (c)(8)(vi), and redesignating
the second paragraph (c)(12)(ii) as
paragraph (c)(12)(iii) to read as follows:
§ 64.604
Mandatory minimum standards.
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*
*
*
*
*
(c) * * *
(5) * * *
(iii) * * *
(D) * * *
(2) Call data required from all TRS
providers. In addition to the data
requested by paragraph (c)(5)(iii)(D)(1)
of this section, TRS providers seeking
compensation from the TRS Fund shall
submit the following specific data
associated with each TRS call for which
compensation is sought:
*
*
*
*
*
(3) Additional call data required from
internet-based Relay Providers. In
addition to the data required by
paragraph (c)(5)(iii)(D)(2) of this section,
internet-based Relay Providers seeking
compensation from the Fund shall
submit speed of answer compliance
data.
(4) Call record and speed of answer
data. Providers submitting call record
and speed of answer data in compliance
with paragraphs (c)(5)(iii)(D)(2) and (3)
of this section shall:
(i) Employ an automated record
keeping system to capture such data
required pursuant to paragraph
(c)(5)(iii)(D)(2) of this section for each
TRS call for which minutes are
submitted to the fund administrator for
compensation; and
*
*
*
*
*
(8) Incentives for use of IP CTS and
VRS. * * *
(v) A VRS provider shall not offer or
provide to any person or entity any form
of direct or indirect incentives, financial
or otherwise, for the purpose of
encouraging individuals to register for
or use the VRS provider’s service.
(vi) Any IP CTS or VRS provider that
does not comply with this paragraph
(c)(8) shall be ineligible for
compensation for such service from the
TRS Fund.
*
*
*
*
*
■ 4. Amend § 64. 611 by adding
paragraph (a)(6) and revising paragraphs
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(c)(1)(i), (c)(2)(i), and (c)(2)(ii)(B) to read
as follows:
§ 64.611
internet-based TRS registration.
(a) * * *
(6) Enterprise and public
videophones—(i) Definition. For
purposes of this section, a default VRS
provider for an enterprise or public
videophone is the VRS provider that
assigns a North American Numbering
Plan (NANP) telephone number to such
videophone or receives a port of such
number.
(ii) Enterprise and public videophone
certification. (A) Written certification. A
default VRS provider for an enterprise
or public videophone shall obtain a
written certification from the individual
responsible for the videophone,
attesting that the individual
understands the functions of the
videophone and that the cost of VRS
calls made on the videophone is
financed by the federally regulated
Interstate TRS Fund, and for enterprise
videophones, that the organization,
business, or agency will make
reasonable efforts to ensure that only
persons with a hearing or speech
disability are permitted to use the phone
for VRS.
(B) Electronic signatures. The
certification required by paragraph
(a)(6)(ii)(A) of this section must be made
on a form separate from any other
agreement or form, and must include a
separate signature specific to the
certification. For the purposes of this
paragraph (a)(6)(ii)(B), an electronic
signature, defined by the Electronic
Signatures in Global and National
Commerce Act as an electronic sound,
symbol, or process, attached to or
logically associated with a contract or
other record and executed or adopted by
a person with the intent to sign the
record, has the same legal effect as a
written signature. For the purposes of
this paragraph (a)(6)(ii)(B), an electronic
record, defined by the Electronic
Signatures in Global and National
Commerce Act as a contract or other
record created, generated, sent,
communicated, received, or stored by
electronic means, constitutes a record.
(C) Consent for transmission and
confidentiality of enterprise and public
videophone registration. A default VRS
provider for an enterprise or public
videophone must obtain consent from
the individual responsible for the
videophone to transmit the information
required by this section to the TRS User
Registration Database. Before obtaining
such consent, a VRS provider must
describe to such individual, using clear,
easily understood language, the specific
information being transmitted, that the
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information is being transmitted to the
TRS User Registration Database to
ensure proper administration of the TRS
program, and that failure to provide
consent will result in denial of service
to the videophone. A VRS provider
must obtain and keep a record of
affirmative acknowledgment of such
consent for every enterprise and public
videophone. A VRS provider shall
maintain the confidentiality of any
registration and certification
information obtained by the provider,
and may not disclose such registration
and certification information, or the
content of such registration and
certification information, except as
required by law or regulation.
(iii) Enterprise and public videophone
registration. A default VRS provider for
an enterprise or public videophone shall
transmit to the TRS User Registration
Database, in a format prescribed by the
administrator of the TRS User
Registration Database, the following
information for each enterprise or
public videophone for which it assigns
(or receives a port of) a North American
Numbering Plan telephone number or
for which it is the default VRS provider:
(A) The default VRS provider’s name;
(B) The NANP telephone number
assigned to the videophone;
(C) The name and physical address of
the organization, business, or agency
where the enterprise or public
videophone is located, and the
Registered Location of the phone if that
is different from the physical address;
(D) Whether the videophone is a
public or enterprise videophone, and for
enterprise videophones, the type of
location where the videophone is
located within the organization,
business, agency, or other entity, such
as, but not limited to, a reception desk
or other work area, a private workspace,
a private room in a long-term care
facility, or another restricted area;
(E) The date of initiation of service to
the videophone by the default VRS
provider;
(F) The name of the individual
responsible for the videophone,
confirmation that the provider has
obtained the certification required by
paragraph (a)(6)(ii) of this section, and
the date the certification was obtained
by the provider; and
(G) Whether the device is assigned to
a hearing individual who knows sign
language.
(iv) Transmission of data to the TRS
User Registration Database. Default VRS
providers shall transmit the information
required by paragraph (a)(6)(iii) of this
section for existing enterprise and
public videophones within 120 days
after notice from the Commission that
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the TRS User Registration Database is
ready to accept such information. For
videophones placed in service more
than 120 days after such notice, the
default VRS provider shall submit the
required information and certification
before initiating service. VRS calls
placed to or from enterprise or public
videophones more than 120 days after
such notice shall not be compensable if
the required registration information
was not received by the TRS User
Registration Database before placement
of the call.
(v) Notice of removal or disconnection
of enterprise and public videophones.
VRS providers shall notify the TRS
Fund administrator within one business
day in the event that a registered
enterprise or public videophone is
removed or permanently disconnected
from VRS.
*
*
*
*
*
(c) * * *
(1) * * *
(i) Obtain current routing information
from their Registered internet-based
TRS Users, registered enterprise and
public videophones, and hearing pointto-point video users;
*
*
*
*
*
(2) * * *
(i) Take such steps as are necessary to
cease acquiring routing information
from any VRS, IP Relay, or hearing
point-to-point video user, or any
individual responsible for maintaining
an enterprise or public videophone, that
ports a NANP telephone number to
another VRS or IP Relay provider or
otherwise selects a new default
provider; and
(ii) * * *
(B) VRS and IP Relay providers other
than the default provider are aware that
they must query the TRS Numbering
Directory in order to obtain accurate
routing information for a particular user
of VRS or IP Relay, or for an enterprise
or public videophone.
*
*
*
*
*
■ 5. Amend § 64.613 by revising
paragraphs (a)(1), (2), and (4) and
adding paragraphs (a)(5) and (c) to read
as follows:
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§ 64.613 Numbering directory for internetbased TRS users.
(a) TRS Numbering Directory. (1) The
TRS Numbering Directory shall contain
records mapping the geographically
appropriate NANP telephone number of
each Registered internet-based TRS
User, registered enterprise videophone,
registered public videophone, direct
video customer support center, and
hearing point-to-point video user to a
unique Uniform Resource Identifier
(URI).
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(2) For each record associated with a
geographically appropriate NANP
telephone number for a registered VRS
user, enterprise videophone, public
videophone, direct video customer
support center, or hearing point-to-point
video user, the URI shall contain a
server domain name or the IP address of
the user’s device. For each record
associated with an IP Relay user’s
geographically appropriate NANP
telephone number, the URI shall contain
the user’s user name and domain name
that can be subsequently resolved to
reach the user.
*
*
*
*
*
(4) Only the TRS Numbering
Administrator, internet-based TRS
providers, and Qualified Direct Video
Entities may access the TRS Numbering
Directory.
(5) VRS providers shall route all calls
placed to NANP numbers entered in the
TRS Numbering Directory in accordance
with the associated routing information,
except that a call placed by a registered
VRS user to a NANP number that is
capable of receiving either voice or
video calls may be handled and routed
as a VRS call if the caller affirmatively
so requests.
*
*
*
*
*
(c) Direct video customer support—(1)
Registration. Any person seeking to
access the TRS Numbering Directory as
a Qualified Direct Video Entity shall
submit an application to the
Commission addressed to the Federal
Communications Commission, Chief,
Consumer and Governmental Affairs
Bureau and captioned ‘‘Direct Video
Numbering Directory Access
Application.’’ The application shall
include:
(i) The applicant’s name, address,
telephone number, and email address;
(ii) A description of the service to be
provided;
(iii) An acknowledgment that the
authorization granted under this
paragraph (c) is subject to compliance
with applicable Commission rules;
(iv) Contact information for personnel
responsible for addressing issues
relating to such compliance; and
(v) Certification that the applicant’s
description of service meets the
definition of direct video customer
support and that the information
provided is accurate and complete.
(2) Commission authorization. The
Commission shall approve an
application for a Qualified Direct Video
Entity to have access to the TRS
Numbering Directory if the applicant
demonstrates, through its responses to
each of the requests for information in
paragraph (c)(1) of this section and any
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26371
additional information requested by the
Commission, that the applicant has a
legitimate need for such access and is
aware of its regulatory obligations.
(3) Termination of authorization.
Authorization to access the TRS
Numbering Directory shall terminate:
(i) If a Qualified Direct Video Entity
relinquishes its authorization by
notifying the Commission;
(ii) Automatically if one year elapses
with no call-routing queries received
regarding any of the Qualified Direct
Video Entity’s NANP telephone
numbers; or
(iii) If the Commission determines,
after notice to the entity and an
opportunity for the entity to contest the
proposed termination, that the entity is
no longer qualified as described in its
application, has materially
misrepresented information to the
Commission, the TRS Numbering
administrator, or the TRS User
Registration Database administrator, has
failed to provide required information
in the format requested, or has violated
an applicable Commission rule or order
or a requirement imposed by authority
of the TRS Numbering administrator or
the TRS User Registration Database
administrator. Following the
termination of an authorization, the TRS
Numbering administrator shall remove
the previously authorized entity’s
telephone numbers from the TRS
Numbering Directory.
(4) Notification of material change. A
Qualified Direct Video Entity that is
granted access to the TRS Numbering
Directory shall notify the Commission
within 60 days of any material changes
to information provided in its
application.
(5) Qualified Direct Video Entities’
obligations. A Qualified Direct Video
Entity shall comply with all relevant
rules and obligations applicable to VRS
providers’ access to the TRS Numbering
Directory and the use of numbers
provisioned in the TRS Numbering
Directory, including, but not limited to:
(i) Provisioning and maintaining
current routing information in the TRS
Numbering Directory for each NANP
telephone number that it enters in such
directory;
(ii) Being able to make point-to-point
calls and receive point-to-point or VRS
calls from any VRS user in accordance
with all interoperability standards
applicable to VRS providers, including,
but not limited to, the relevant technical
standards specified in § 64.621(b);
(iii) Protecting customer proprietary
network information of any VRS user
obtained in accordance with §§ 64.5101
through 64.5111 (TRS Customer
Proprietary Network Information);
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(iv) Following TRS Numbering
Directory access procedures and
performing related administrative
functions as directed by the TRS
Numbering administrator in
consultation with the Managing Director
and the Chief, Consumer and
Governmental Affairs Bureau; and
(v) Adhering to all other applicable
standards pertaining to privacy,
security, and reliability.
(6) Call transfer capability. A
Qualified Direct Video Entity shall
ensure that each customer support
center is able to initiate a call transfer
that converts a point-to-point video call
into a VRS call, in the event that a VRS
user communicating with a direct video
customer agent needs to be transferred
to a hearing person while the call is in
progress. No later than December 6,
2019, each VRS provider shall be
capable of activating an effective call
transfer procedure within 60 days after
receiving a request to do so from a
Qualified Direct Video Entity.
(7) TRS User Registration Database.
For each direct video number to be
entered into the TRS Numbering
Directory, unless otherwise instructed
by the TRS User Registration Database
administrator, a Qualified Direct Video
Entity must create an equivalent entry
in the TRS User Registration Database
by providing:
(i) The Qualified Direct Video Entity’s
name;
(ii) The date that the Qualified Direct
Video Entity was approved for TRS
Numbering Directory access;
(iii) The name of the end-user
customer support center (if different
from the Qualified Direct Video Entity);
VerDate Sep<11>2014
15:44 Jun 05, 2019
Jkt 247001
(iv) Contact information for the enduser customer support call center(s);
and
(v) Other information reasonably
requested by the TRS User Registration
Database administrator.
■ 6. Amend § 64.615 by revising
paragraph (a)(1) introductory text,
redesignating paragraphs (a)(2) through
(5) as paragraphs (a)(3) through (6),
adding new paragraph (a)(2), and
revising newly redesignated paragraph
(a)(6) to read as follows:
§ 64.615 TRS User Registration Database
and administrator.
(a) * * *
(1) VRS users call validation. VRS
providers shall validate the eligibility of
the party on the video side of each call
by querying the TRS User Registration
Database or the TRS Numbering
Directory, as directed by the
Commission, the TRS Fund
administrator, or the TRS Numbering
Administrator, on a per-call basis.
Emergency 911 calls are excepted from
the requirement in this paragraph (a)(1).
*
*
*
*
*
(2) Enterprise and public videophone
call validation. (i) VRS providers shall
validate the registration of an enterprise
or public videophone used for a VRS
call by querying the designated database
in accordance with paragraph (a)(1) of
this section.
(ii) [Reserved]
(iii) VRS providers shall require their
CAs to terminate any call which does
not include a registered enterprise or
public videophone or, pursuant to the
provider’s policies, the call does not
PO 00000
Frm 00042
Fmt 4700
Sfmt 9990
appear to be a legitimate VRS call, and
VRS providers may not seek
compensation for such calls from the
TRS Fund.
(iv) Emergency 911 calls from
enterprise and public videophones shall
be exempt from the videophone
validation requirements of paragraph
(a)(2)(i) of this section.
*
*
*
*
*
(6) User verification. (i) The TRS User
Registration Database shall have the
capability of performing an
identification verification check when a
VRS provider, IP CTS provider, or other
party submits a query to the database
about an existing or potential user or an
enterprise or public videophone.
(ii) VRS and IP CTS providers shall
not register individuals or enterprise or
public videophones that do not pass the
identification verification check
conducted through the TRS User
Registration Database.
(iii) VRS providers shall not seek
compensation for calls placed by
individuals or for calls placed to or from
enterprise or public videophones that
do not pass the identification
verification check conducted through
the TRS User Registration Database.
(iv) IP CTS providers shall not seek
compensation for calls placed to or from
individuals that do not pass the
identification verification check
conducted through the TRS User
Registration Database.
*
*
*
*
*
[FR Doc. 2019–11213 Filed 6–5–19; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26364-26372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11213]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 10-51 and 03-123; FCC 19-39]
Improving Video Relay Service and Direct Video Calling
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) takes actions to: Enable direct video calling between
sign language users and customer support call centers, by adopting
procedures for qualified entities to register customer support
telephone numbers in the telecommunications relay service (TRS)
Numbering Directory; facilitate per-call validation of video relay
service (VRS) user registrations via the TRS Numbering Directory
querying system; require VRS providers to register enterprise and
public videophones in the TRS user registration database (User Database
or Database); prohibit VRS providers from offering or providing non-
service related inducements to entice consumers to sign up for or use a
VRS provider's service; and make technical corrections to the
Commission's TRS rules. These actions will improve VRS and direct video
calling for people with disabilities and help protect against waste,
fraud, and abuse to the TRS program.
DATES: Effective Date: These rules are effective July 8, 2019, except
for the amendments to Sec. Sec. 64.611, 64.613, and 64.615, which are
delayed. The Commission will publish a document in the Federal Register
announcing the effective date.
FOR FURTHER INFORMATION CONTACT: Michael Scott, Consumer and
Governmental Affairs Bureau, at (202) 418-1264, or email
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, document FCC 19-39, adopted on May 9, 2019, released on May
15, 2019, in CG Docket Nos. 10-51 and 03-123. The Commission previously
sought comment on these issues in the Further Notice of Proposed
Rulemaking (2017 VRS Improvements FNPRM), published at 82 FR 17613,
April 12, 2017. A Further Notice of Proposed Rulemaking (FNPRM)
contained in document FCC 19-39 is published elsewhere in this issue of
the Federal Register. The full text of document FCC 19-39 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. To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to [email protected], or
call the Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice) or (202) 418-0432 (TTY).
Congressional Review Act
The Commission sent a copy of document FCC 19-39 to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A).
Final Paperwork Reduction Act of 1995 Analysis
The Report and Order in document FCC 19-39 contains modified
information collection requirements, which are not effective until
approval is obtained from OMB. The Commission, as part of its
continuing effort to reduce paperwork burdens, will invite the general
public to comment on these information collection requirements as
required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-
13. The Commission will publish a separate document in the Federal
Register announcing approval of the information collection
requirements. Pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, 44 U.S.C. 3506(c)(4), the Commission
previously sought comment on how the Commission might ``further reduce
the information burden for small business concerns with fewer than 25
employees.'' 2017 VRS Improvements FNPRM.
Amendments to Sec. Sec. 64.611, 64.613, and 64.615 of the
Commission's rules, which contain modified information collection
requirements, shall be effective on the date specified in a document to
be published in the Federal Register announcing Office of Management
and Budget (OMB) approval of the information collection requirements of
such rules pursuant to the Paperwork Reduction Act.
Synopsis
1. VRS is a form of TRS that enables people with hearing or speech
disabilities who use sign language to make telephone calls over
broadband with a videophone. In addition to enabling communication
between ASL users and voice users, the VRS system also enables ASL
users to communicate directly with other ASL users via video.
Direct Video Access to the TRS Numbering Directory
2. In order to facilitate direct video calling between sign
language users and customer support call centers, the Commission allows
telephone numbers and routing information for qualifying call centers
to be entered in the TRS Numbering Directory (Numbering
[[Page 26365]]
Directory or Directory). Entities designated as ``Qualified Direct
Video Entities'' may be granted access to the Directory in order to
support direct communications between registered VRS users and customer
support call centers. As the Commission has previously recognized,
point-to-point video supports the purposes of section 225 of the Act
more directly than VRS does, because the communication it enables is
direct, rather than mediated, and far more efficient. Therefore, the
Commission's action provides a major opportunity to enhance the ability
of sign language users to engage in more effective, efficient, and
private communication with customer support--especially because so much
of VRS traffic involves calls placed to the customer support call
centers of large businesses and government agencies. For the same
reason, enabling such communication makes possible major cost savings
for the TRS Fund, by reducing the need for third-party CAs to
participate in customer support calls.
3. To implement this change, the Commission first clarifies who can
be afforded such Directory access. Because the purpose of this rule is
to facilitate the use of telephone numbers to reach direct-video-
capable customer support centers, the Commission defines a Qualified
Direct Video Entity that may be granted Directory access as an
individual or entity that is engaged in direct video customer support
and that (1) is the end-user customer that has been assigned the
telephone number(s) used for direct video customer support calls or (2)
is the designee of such an entity.
4. Obtaining Numbering Directory Access. In order to obtain
authorization for access to the Directory as a Qualified Direct Video
Entity, an interested party must submit an application to the
Commission's Consumer and Governmental Affairs Bureau (CGB) that
includes: (1) The applicant's name, address, telephone number, and
email address; (2) a description of the service to be provided; (3) an
acknowledgment that Directory access is conditional on compliance with
applicable Commission rules, obligations, and standards; (4) contact
information for personnel responsible for such compliance; and (5)
certification that the applicant's description of service meets the
definition of direct video customer support and that the information
provided is accurate and complete. CGB, in consultation with the
Commission's Office of the Managing Director, shall approve Directory
access if the applicant demonstrates, through its responses to each of
the above requests for information and any additional information
requested by CGB, that it has a legitimate need for such access and is
aware of its regulatory obligations. A Qualified Direct Video Entity
may relinquish its Directory access authorization by so notifying the
Commission, and such authorization will terminate automatically if one
year elapses with no call-routing queries received regarding any of the
Entity's numbers. Further, the Commission may terminate such
authorization if it determines, after notice to the entity and an
opportunity to contest such termination, that the entity is no longer
qualified as described in its application, has materially
misrepresented information to the Commission, the TRS Numbering
Administrator, or the User Database administrator, has failed to
provide required information in the format requested, or has violated
an applicable Commission rule or order. Following the termination of an
authorization, the TRS Numbering administrator shall remove the
previously authorized entity's telephone numbers from the TRS Numbering
Directory.
5. After receiving Commission approval, a Qualified Direct Video
Entity shall enter a telephone number into the Directory by submitting
the telephone number, associated call routing information, and
registration information in accordance with instructions provided by
the TRS Numbering administrator. For each customer support telephone
number to be entered into the Directory, unless otherwise instructed by
the User Database administrator, a Qualified Direct Video Entity must
create an equivalent entry in the Database by providing: The Entity's
name; the date that the Entity was approved for Directory access; the
name of the end-user customer support call center(s) (if different from
the Entity); contact information for the end-user customer support call
center(s) that will receive calls placed to the customer support
number; and other information reasonably requested by the User Database
administrator. Providing such information will enable the User Database
administrator and the TRS Numbering administrator to confirm that the
Qualified Direct Video Entity has been approved for Directory access
and will help ensure that the Directory provides an appropriate
response to a VRS provider's per-call validation query regarding the
customer support telephone number. A Qualified Direct Video Entity must
provide appropriate notification as directed by the User Database
administrator and the TRS Numbering Administrator if any of the
information provided changes or if a customer support number entered in
the Directory is transferred to a different Qualified Direct Video
Entity or is no longer being used for a qualified direct video purpose.
The User Database administrator shall remove from the User Database
each customer support telephone number for a Qualified Direct Video
Entity that has had its authorization to access the TRS Numbering
Directory terminated.
6. A Qualified Direct Video Entity's Directory access includes (1)
adding and deleting customer support telephone numbers and routing
information, (2) conducting data queries to obtain routing information
for outbound point-to-point video calls originating from such telephone
numbers, (3) conducting data queries to enable the transfer of inbound
direct video calls to a VRS provider when needed, and (4) performing
other necessary administrative functions as determined by the TRS
Numbering administrator in consultation with the User Database
administrator and the Commission.
7. Qualified Direct Video Entities granted access to the Directory
will be held to the same rules and obligations that govern VRS
providers' access to the Directory and use of Directory numbers,
including complying with the instructions of the TRS Numbering
Administrator, and applicable standards pertaining to privacy,
security, and reliability. To ensure effective telephone communication,
the Commission further require that videophones, software, and
transmission protocols used for direct video customer support adhere to
the same interoperability standards applicable to VRS providers.
Further, Qualified Direct Video Entities may be subject to fees to
recover any additional costs incurred by the TRS Numbering
Administrator or other TRS administrators. Accordingly, the Commission
does not anticipate that any significant regulatory burdens or costs
will be imposed on the TRS Fund or VRS providers. Moreover, because
participation by video entities is strictly voluntary, the Commission
is confident that the benefits of such participation will far exceed
the minimal participation costs incurred by those entities choosing to
participate.
8. Customer Support Telephone Numbers for VRS and Direct Video
Callers. The Commission will let the business or government agency
involved in customer support services determine whether to make direct
video communication available via a dedicated video number or via the
[[Page 26366]]
generally advertised customer support number, as long as consumers
retain the ability to communicate with customer support centers through
VRS.
9. Outset of a Call--Dedicated Direct Video Customer Support
Number. If the telephone number entered in the Directory is a dedicated
direct video line that is different from the company's generally
advertised telephone number, a consumer will be able to choose between
dialing the dedicated direct video number or dialing the generally
advertised customer support number and communicating through VRS. If
operating a dedicated direct video customer support number, businesses
or government agencies may also use interactive response systems that
allow the host system to interact with the VRS user through the use of
ASL and dual-tone multi-frequency signaling (DTMF). Currently, before
setting up a relay call, VRS providers must check the Directory to
ensure that the call is not being made to a destination telephone
number that can accept video calls directly. If the call center uses a
dedicated number for direct video calls, only the dedicated number will
be listed in the Directory, and VRS users seeking to communicate via
direct video must dial that dedicated number. The generally advertised
customer support number will not be listed in the Directory; therefore,
a VRS user who wishes to initiate a customer support call via VRS can
simply dial the general customer support number, instead of the
dedicated video number, and a VRS provider will automatically handle
the call as a VRS call, in the same manner as when a VRS user dials any
voice telephone number.
10. Outset of a Call--Single Unified Customer Support Number.
Alternatively, the direct video number entered in the directory may be
the same as the generally advertised telephone number used for voice
calls to the customer support call center. In this case, VRS users
seeking to communicate with customer support via direct video will
simply dial the generally advertised number on their videophone, and--
because that generally advertised number will be listed in the
Directory--the call will be routed directly to the customer support
center as a point-to-point video call. The customer support center then
will detect the call as a videophone call and connect the caller
directly to a representative using sign language, a sign language-
enabled Interactive Video Response system, or another appropriate
network termination for the sign language user. Sign language users who
instead wish to use VRS will be able to bypass the direct video option
by first entering their VRS provider's URL (or selecting a menu option
on their device's screen to do this) and then directing the VRS CA to
place a VRS call to the generally advertised customer support number.
Once the CA is on the call, it will be routed as a voice call and
detected as such by the customer support center. Any prompts or
announcements conveyed to VRS users regarding calls to direct-video-
equipped call centers must be neutral and must not be worded so as to
``steer'' the user toward requesting that a customer support call be
handled as a VRS call rather than as a direct video call.
11. The Commission directs the TRS Numbering Administrator to
implement a method for identifying single unified customer support
numbers (e.g., by adding an appropriate field to the format for routing
query responses). The Commission also directs the TRS Fund
administrator to provide a method for reporting VRS calls involving
unified customer support numbers and verifying the compensability of
such calls. The Commission directs the Disability Rights Office to
announce the effective date for the rules governing single unified
customer support numbers once these steps have been taken.
12. Converting Direct Video Calls to VRS. Under either of the above
alternatives, authorizations for TRS Numbering Directory access are
conditional on the customer support center being able to initiate a
call transfer that converts a point-to-point video call into a VRS
call, in the event that a VRS user communicating with a direct video
customer agent needs to be transferred to a hearing person, such as a
supervisor or specialist within the customer support center, while the
call is in progress. Although the Commission does not mandate how this
is to be done, it notes that existing protocols, such as the Session
internet Protocol (SIP) transfer procedure, provide a framework for
call transfers, whereby the caller's default VRS provider could re-
connect the call to a VRS CA, who would then complete the call between
the VRS user and the hearing customer support agent via VRS. As there
is at least one commonly deployed mechanism for dynamically, seamlessly
upgrading a direct video call to a VRS call that is a common part of
the SIP standard, the Commission believes there will be little cost to
this integration, and that such costs will be exceeded by the benefits
of enabling videophone users to easily access VRS providers when CA
services are necessary. Further, the VRS provider's obligation to
implement such a call transfer on request is consistent with a VRS
provider's obligations to route and deliver a user's inbound and
outbound calls, ensure interoperability, and provide functionally
equivalent service. To expedite this process, the Commission encourages
VRS providers and Qualified Direct Video Entities to work cooperatively
to implement the necessary technical changes for such call transfers
that minimize the burden to VRS users to communicate with the
appropriate party on a call. No later than six months after the
effective date of the amendments to this section, each VRS provider
shall be capable of activating an effective call transfer procedure
within 60 days after receiving a request to do so from a Qualified
Direct Video Entity. Finally, to the extent that call transfers of this
kind are prohibited by the VRS Provider Interoperability Profile
technical standard, the Commission exempts such call transfers from
such prohibition. The Commission directs the TRS Fund administrator to
revise its filing instructions to provide appropriate and timely
guidance to VRS providers on the format to be used and the information
to be provided when claiming compensation for VRS calls that are
involved in such call transfers.
TRS User Registration Database
13. Facilitating Call Validation through the TRS Numbering
Directory. The Commission's rules require VRS providers to validate the
eligibility of the party on the video side of each VRS call by querying
the User Registration Database. The Commission amends its rules to
allow for implementation of a querying method that makes use of the
existing TRS Numbering Directory querying system by requiring VRS
providers to direct call validation queries to the appropriate system
of records (either the Numbering Directory or the User Database) that
is identified in the relevant instructions, which will be issued by the
Commission, the TRS Fund administrator, or the TRS Numbering
Administrator. The Commission takes this action to provide greater
flexibility for administration of the VRS program and enable the
operation of TRS data systems in the most effective and efficient way.
14. With the adoption of this rule change, as well as the
requirement for registration of enterprise and public videophones,
discussed below, the stage is set for activation of the per-call query
function. A compliance date for the per-call validation requirement
will be set by public notice, which will be issued by CGB no earlier
than 90 days after the expiration of the 120-day window for
[[Page 26367]]
submission of enterprise and public videophone registration data to the
Database. This will allow a period of parallel operation once all of
the data is submitted to the Database, but before providers are
required to rely on the per-call validation queries.
15. Registering Enterprise and Public Videophones in the Database.
The Commission amends its rules to require VRS providers to submit
registration information to the User Registration Database
administrator for public and enterprise videophones. Such registration
is necessary to assist the Fund administrator in reviewing compensation
requests involving such videophones and auditing how such videophones
are used, and thereby to help prevent waste, fraud, and abuse in the
VRS program. A VRS provider must submit registration information for
any enterprise or public videophone for which it assigns or receives a
port of a NANP telephone number (i.e., for which it is the default VRS
provider). As with individual user registrations, once an enterprise or
public videophone has been registered in the User Registration
Database, the videophone's telephone number will be transmitted to the
TRS Numbering Directory to enable per-call validation queries.
16. The Commission does not address at this time the proposal to
require default VRS providers to implement log-in procedures for
individuals using enterprise and public videophones for VRS calls.
Pending Commission action on the log-in proposal, VRS providers will be
paid for compensable calls that are completed to and from such
videophones in compliance with rules in effect at the time of the call.
17. Definitions. The Commission defines an ``enterprise
videophone'' as a videophone maintained by a business, organization,
government agency, or other entity and designated for use by its
employees or other individuals in private or restricted areas.
Videophones provided by enterprises may be situated in a variety of
locations, including private or shared offices, conference rooms, other
common rooms, or hospital rooms, and therefore may be intended for use
by individuals other than ``employees''--while still not fitting the
definition of a ``public'' videophone. The Commission defines a
``public videophone'' as a videophone maintained by a business,
organization, government agency, or other entity, and made available
for use by the public in a public space, such as a public area of a
business, school, hospital, library, airport, or government building.
As adopted, both definitions make clear that the covered devices may be
used for point-to-point calls by people who may not know ASL. Because
the TRS Fund does not compensate for point-to-point calls, there is no
reason to require ASL as opposed to any other form of sign language
during such calls.
18. Registration and Certification Requirements. The Commission
requires each VRS provider to submit the following registration
information for enterprise and public videophones for which it assigns
or receives a port of a NANP telephone number: The name of the default
VRS provider; the videophone's NANP telephone number; The name and
physical address of the organization, business, or agency where the
enterprise or public videophone is located; the date that the default
VRS provider initiated service to the videophone; the name of the
individual associated with the organization, business, or agency who is
responsible for the videophone; and confirmation that the provider has
obtained a signed certification from that individual stating that such
person understands the function of the videophone and that the cost of
VRS calls made on the videophone is financed by the federally regulated
Interstate TRS Fund.
19. For enterprise videophones, the signed certification must also
include a statement from the responsible individual that the
organization, business, or agency will make reasonable efforts to
ensure that only persons with a hearing or speech disability are
permitted to use the phone for VRS. The VRS provider must also state
whether the device is assigned to a hearing individual who knows sign
language and identify the specific type of location where the
videophone is placed within the organization, business, or agency, to
enable the administrator to conduct studies of how these phones are
used and to identify unusual calling patterns that might signal waste,
fraud, or abuse.
20. The Commission does not require VRS providers to submit the tax
identification (ID) number of a registering enterprise because other
information is available to verify the identity and location of an
enterprise. The Commission requires VRS providers to maintain the
confidentiality of any registration and certification information they
obtain for enterprise and public videophones.
21. Timeframe for Compliance. The Commission will release a public
notice announcing a 120-day period within which VRS providers must
submit registration information to the Database administrator for all
enterprise and public videophones then in service. For VRS calls placed
on or before the data submission deadline (i.e., the last day of this
120-day period) to and from phone numbers identified by TRS providers
as associated with enterprise and public videophones, compensation will
be paid if such calls are determined to be compensable in accordance
with the procedures in place as of the date of the call. For calls
placed after the data submission deadline, if registration data for the
enterprise or public videophone was submitted to the Database on or
before the data submission deadline, and the verification check is not
completed as of that deadline, compensation will be paid or withheld in
accordance with the guidance provided in the TRS-URD Registration
Extension Order, document DA 18-196. If a public or enterprise
videophone is activated after the data submission deadline, or if
registration information for an existing phone is not submitted until
after the deadline, VRS calls to or from the videophone are compensable
only if made after the registration data has been submitted and
verified.
22. Terminations and Usage Monitoring. In the Report and Order, the
Commission requires VRS providers to monitor enterprise and public
videophone usage and to report any unusual activity to the TRS Fund
administrator. In addition, the Commission requires VRS providers to
notify the TRS Fund administrator within one business day after a
registered enterprise or public videophone is removed or permanently
disconnected from VRS. The collection of this information is necessary
to prevent waste, fraud, and abuse, given that enterprise and public
videophones are available for use by multiple individuals.
Prohibiting Non-Service Related Inducements
23. In the Report and Order, the Commission prohibits VRS providers
from offering or providing non-service related inducements that are
intended to entice consumers to sign up for or use a VRS provider's
service. Specifically, the Commission adopts a new rule prohibiting VRS
providers from offering or providing, to any individual or entity, any
form of direct or indirect incentives, financial or otherwise, whether
express or implied, for the purpose of encouraging individuals to
register for or use a VRS provider's service.
24. The rule amendment addresses sign-up incentives aimed primarily
at inducing current VRS users to switch (or refrain from switching)
providers, rather than recruiting entirely new users. Such incentives
undermine the achievement of statutory objectives,
[[Page 26368]]
albeit in a more indirect fashion. Competition among providers to offer
sign-up inducements tends to increase VRS costs without improving the
quality of service, impairing providers' ability and incentive to
compete on service quality. Further, to the extent that inducements to
choose a particular provider are offered selectively to relatively high
volume users (or to consumers perceived as such), they are likely to
increase the cost burden on the TRS Fund, by generating a perverse
incentive for users to make calls that otherwise would not be made. In
the context of a service supported by the TRS Fund, the record does not
disclose any benefit from non-service-related incentives that could
conceivably offset the harms described above.
25. The inducements the Commission prohibits are not limited to
loyalty programs, user appreciation awards, charitable donations and
other incentives to increase VRS usage, but also include non-service-
related give-aways, such as video game systems, that reward or entice
users to register for or use a particular provider's VRS. The
prohibition covers inducements to continue using a particular provider
as well as inducements to change one's default provider or to dial-
around to a particular provider. The Commission does not prohibit de
minimis give-aways, such as pens and T-shirts, as such items do not
rise to the level of an inducement sufficient to entice a consumer to
sign up for or use a particular provider's service. The Commission
concludes that this approach builds upon the Commission's earlier
financial incentives rulings in ways that account for the particular
harms to statutory goals and TRS policies arising from these types of
incentives. Where a consumer device is given out to induce users to
switch default providers, or stay with their current provider, and is
not the type of device ordinarily needed or used to place a VRS call,
it should be prohibited. In determining whether a free give-away
constitutes a non-service related inducement, the Commission will
consider, among other things, the extent to which the equipment is
designed, marketed, and used for relay communication. Providers that
are uncertain about the permissibility of giving away a particular
device may seek guidance from the Commission prior to engaging in such
activity.
26. Although this new rule does not cover providing VRS-related
items, such as videophones and video monitors, at no or minimal charge,
the Commission's existing rule prohibiting VRS provider practices that
improperly stimulate VRS usage necessarily encompasses the practice of
providing VRS-related equipment at no or minimal charge to select users
based on their actual or expected volume of VRS minutes. The Commission
reminds VRS providers that, absent a clear justification, e.g., based
on the nature of a particular person's disability, or the launching of
a limited-duration opt-in product testing program with clear
instruction on participation requirements, the provision of equipment
at no or minimal charge to select individuals, whether or not service-
related, may be deemed evidence that a provider has violated the rule
against practices that cause or encourage the making of VRS calls that
would not otherwise be made.
Technical Corrections to the TRS Rules
27. The Commission amends Sec. 64.604(c) of its rules to correct
erroneous cross-references and an incorrect paragraph number.
Specifically, the cross-references in the current text of Sec.
64.604(c)(5)(iii)(D) of its rules, citing provisions of paragraph
(c)(5)(iii)(C), are corrected to cite the corresponding provisions of
paragraph (c)(5)(iii)(D). In addition, Sec. 64.604(c)(12) of its
rules, which includes two paragraphs (c)(12)(ii), is corrected to
change the numbering of the second paragraph from (c)(12)(ii) to
(c)(12)(iii).
Final Regulatory Flexibility Analysis
28. As required by the Regulatory Flexibility Act of 1980, as
amended, the Commission incorporated an Initial Regulatory Flexibility
Analysis (IRFA) into 2017 VRS Improvements FNPRM. The Commission sought
written public comment on the proposals in the 2017 VRS Improvements
FNPRM, including comment on the IRFA. No comments were received in
response to the IRFA.
Need For, and Objectives of, the Rules
29. With regard to enterprise and public videophones, the Report
and Order adopts requirements for VRS providers to: (1) Submit
registration information to the User Database administrator for each
enterprise or public videophone after notice from the Commission that
the Database is ready to accept such information; (2) notify the TRS
Fund administrator in the event a registered enterprise or public
videophone is removed from service or permanently disconnected from
VRS, within one business day of such termination; and (3) monitor
videophone usage and report any unusual activity to the TRS Fund
administrator.
30. The Report and Order also (1) adopts a requirement for VRS
providers, when validating the eligibility of the party on the video
side of each VRS call, to query either the User Database or the TRS
Numbering Directory, as directed by the Commission, the TRS Fund
administrator, or the TRS Numbering Administrator; (2) allows qualified
entities to access the TRS Numbering Directory in order to enable
direct video calling (direct video) by registered VRS users to customer
support call centers; and (3) prohibits VRS providers from offering or
providing any form of direct or indirect incentives for the purpose of
encouraging consumers to register for or use VRS.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
31. No comments were filed in response to the IRFA.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
32. The Chief Counsel for Advocacy of the Small Business
Administration did not file any comments in response to the proposed
rules in this proceeding.
Small Entities Impacted
33. The rules adopted in the Report and Order will affect
obligations of VRS providers and providers of direct video services.
These services can be included within the broad economic category of
All Other Telecommunications.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
34. The rule prohibiting VRS providers from offering or providing
incentives to register for or use VRS does not create direct reporting
and recordkeeping requirements, but does impose compliance requirements
on VRS providers. Specifically, this rule requires VRS providers to
refrain from offering or providing incentives to encourage consumers to
register for or use VRS.
35. The rules affecting enterprise and public videophones will
require VRS providers to collect and retain identifying information for
the videophones for which they are the default VRS provider and to
provide that information to the User Database administrator, including
the name of the default VRS provider, the name and physical address of
the organization, business, or agency where the videophone is located,
the date that service to the videophone is initiated, the name of the
individual associated with the organization, business, or agency who is
responsible for
[[Page 26369]]
maintaining the videophone, and confirmation that the provider has
obtained a signed certification from that individual stating that such
person understands the function of the videophones and that the cost of
VRS calls is financed by the federally regulated Interstate TRS Fund,
and for enterprise phones that the person certifying will make
reasonable efforts to ensure that only eligible users make use of the
videophones. VRS providers are also required to monitor usage of
enterprise and public videophones and report unusual activity to the
TRS Fund administrator.
36. The rules require VRS providers, when validating the
eligibility of the party on the video side of each VRS call, to query
either the User Database or the TRS Numbering Directory, as directed by
the Commission, the TRS Fund administrator or the TRS Numbering
Administrator, rather than requiring that only the User Database may be
queried.
37. Qualified Direct Video Entities seeking access to the TRS
Numbering database are required to submit an application that includes:
(1) The applicant's name, address, telephone number, and email address;
(2) a description of the service to be provided; (3) an acknowledgment
that the authorization granted under this paragraph is subject to
compliance with applicable Commission rules; (4) contact information
for personnel responsible for addressing issues relating to such
compliance; and (5) certification that the applicant possesses the
financial, managerial, and technical expertise to provide reliable
service. To enter a telephone number into the TRS Numbering Directory,
Qualified Direct Video Entities will be required to submit the
telephone number, associated call routing information, and registration
information in accordance with instructions provided by the User
Database administrator. The Qualified Direct Video Entity must provide
to the User Database administrator the Qualified Direct Video Entity's
name; the date that the Qualified Direct Video Entity was approved for
numbering access; the name of the end-user customer support center (if
different from the Qualified Direct Video Entity); the physical address
of the customer support center or centers that will receive calls
placed to the direct video number and other information reasonably
requested by the User Database administrator.
Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
38. The provision of VRS to enterprise and public videophones is
optional for VRS providers. The registration requirements for such
videophones apply equally to all VRS providers and users, and are
necessary to prevent waste, fraud, and abuse of the TRS Fund by making
it possible for the TRS Fund administrator to monitor call data records
for unusual call patterns. The registration requirements for enterprise
and public videophones are no more burdensome than the registration
requirements for individual videophones. To the extent there are
differences in operating costs resulting from economies of scale, those
costs are reflected in the different rate structures applicable to
large and small VRS providers.
39. The rule requiring VRS providers, when validating the
eligibility of the party on the video side of each VRS call, to query
either the User Database or the TRS Numbering Directory, as directed by
the Commission, the TRS Fund administrator, or the TRS Numbering
Administrator, rather than requiring that only the User Database may be
queried, as the rules are currently written, is not burdensome. This
change does not alter the basic requirement to query a database; its
only effect is to possibly change the database that providers must
query.
40. Permitting Qualified Direct Video Entities to access the TRS
Numbering Directory is necessary for the purpose of routing calls to
and from such customer support call centers. Granting access will
subject Qualified Direct Video Entities to call-routing, application,
and registration rules that are similar to and no more burdensome than
those currently applicable to VRS providers. The application and
registration requirements apply only to those entities that seek to
place numbers in the TRS Numbering Directory and are necessary to
ensure that such entities are aware of and capable of meeting their
regulatory obligations and have a legitimate need to access the TRS
Numbering database.
41. Prohibiting VRS providers from offering or providing direct or
indirect inducements to register for or use VRS will help ensure that
VRS is available to the extent possible and in the most efficient
manner while helping to limit waste, fraud, and abuse by preventing VRS
providers from encouraging users to make calls that the users might
otherwise not make. Adopting this prohibition may benefit small VRS
providers by removing competitive costs associated with offering
inducements unrelated to providing service and focusing competition on
service quality.
Ordering Clauses
42. Pursuant to sections 1, 2, 225, and 251 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 152, 225, 251, document FCC 19-
39 is adopted and part 64 of title 47 is amended.
List of Subjects in 47 CFR Part 64
Individuals with disabilities, Telecommunications,
Telecommunications relay services. Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR 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, 201, 202, 217, 218, 220, 222, 225,
226, 227, 228, 251(a), 251(e), 254(k), 262, 403(b)(2)(B), (c), 616,
620, and 1401-1473, unless otherwise noted.
0
2. Amend Sec. 64.601 by redesignating paragraphs (a)(13) through (27)
and (28) through (47) as paragraphs (a)(15) through (29) and (32)
through (51) and adding new paragraphs (a)(13) and (14) and (30) and
(31) to read as follows:
Sec. 64.601 Definitions and provisions of general applicability.
(a) * * *
(13) Direct video customer support. A telephone customer support
operation that enables callers with hearing or speech disabilities to
engage in real-time direct video communication in ASL with ASL speakers
in a call center operation.
(14) Enterprise videophone. A videophone maintained by a business,
organization, government agency, or other entity, and designated for
use by its employees or other individuals in private or restricted
areas.
* * * * *
(30) Public videophone. A videophone maintained by a business,
organization, government agency, or other entity, and made available
for use by the public in a public space, such as a public area of a
business, school, hospital, library, airport, or government building.
(31) Qualified direct video entity. An individual or entity that is
approved by the Commission for access to the TRS
[[Page 26370]]
Numbering Directory that is engaged in direct video customer support
and that is the end-user customer that has been assigned a telephone
number used for direct video customer support calls or is the designee
of such entity.
* * * * *
0
3. Amend Sec. 64.604 by revising paragraphs (c)(5)(iii)(D)(2)
introductory text, (c)(5)(iii)(D)(3), (c)(5)(iii)(D)(4) introductory
text, (c)(5)(iii)(D)(4)(i), (c)(8) heading, and (c)(8)(v), adding
paragraph (c)(8)(vi), and redesignating the second paragraph
(c)(12)(ii) as paragraph (c)(12)(iii) to read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(D) * * *
(2) Call data required from all TRS providers. In addition to the
data requested by paragraph (c)(5)(iii)(D)(1) of this section, TRS
providers seeking compensation from the TRS Fund shall submit the
following specific data associated with each TRS call for which
compensation is sought:
* * * * *
(3) Additional call data required from internet-based Relay
Providers. In addition to the data required by paragraph
(c)(5)(iii)(D)(2) of this section, internet-based Relay Providers
seeking compensation from the Fund shall submit speed of answer
compliance data.
(4) Call record and speed of answer data. Providers submitting call
record and speed of answer data in compliance with paragraphs
(c)(5)(iii)(D)(2) and (3) of this section shall:
(i) Employ an automated record keeping system to capture such data
required pursuant to paragraph (c)(5)(iii)(D)(2) of this section for
each TRS call for which minutes are submitted to the fund administrator
for compensation; and
* * * * *
(8) Incentives for use of IP CTS and VRS. * * *
(v) A VRS provider shall not offer or provide to any person or
entity any form of direct or indirect incentives, financial or
otherwise, for the purpose of encouraging individuals to register for
or use the VRS provider's service.
(vi) Any IP CTS or VRS provider that does not comply with this
paragraph (c)(8) shall be ineligible for compensation for such service
from the TRS Fund.
* * * * *
0
4. Amend Sec. 64. 611 by adding paragraph (a)(6) and revising
paragraphs (c)(1)(i), (c)(2)(i), and (c)(2)(ii)(B) to read as follows:
Sec. 64.611 internet-based TRS registration.
(a) * * *
(6) Enterprise and public videophones--(i) Definition. For purposes
of this section, a default VRS provider for an enterprise or public
videophone is the VRS provider that assigns a North American Numbering
Plan (NANP) telephone number to such videophone or receives a port of
such number.
(ii) Enterprise and public videophone certification. (A) Written
certification. A default VRS provider for an enterprise or public
videophone shall obtain a written certification from the individual
responsible for the videophone, attesting that the individual
understands the functions of the videophone and that the cost of VRS
calls made on the videophone is financed by the federally regulated
Interstate TRS Fund, and for enterprise videophones, that the
organization, business, or agency will make reasonable efforts to
ensure that only persons with a hearing or speech disability are
permitted to use the phone for VRS.
(B) Electronic signatures. The certification required by paragraph
(a)(6)(ii)(A) of this section must be made on a form separate from any
other agreement or form, and must include a separate signature specific
to the certification. For the purposes of this paragraph (a)(6)(ii)(B),
an electronic signature, defined by the Electronic Signatures in Global
and National Commerce Act as an electronic sound, symbol, or process,
attached to or logically associated with a contract or other record and
executed or adopted by a person with the intent to sign the record, has
the same legal effect as a written signature. For the purposes of this
paragraph (a)(6)(ii)(B), an electronic record, defined by the
Electronic Signatures in Global and National Commerce Act as a contract
or other record created, generated, sent, communicated, received, or
stored by electronic means, constitutes a record.
(C) Consent for transmission and confidentiality of enterprise and
public videophone registration. A default VRS provider for an
enterprise or public videophone must obtain consent from the individual
responsible for the videophone to transmit the information required by
this section to the TRS User Registration Database. Before obtaining
such consent, a VRS provider must describe to such individual, using
clear, easily understood language, the specific information being
transmitted, that the information is being transmitted to the TRS User
Registration Database to ensure proper administration of the TRS
program, and that failure to provide consent will result in denial of
service to the videophone. A VRS provider must obtain and keep a record
of affirmative acknowledgment of such consent for every enterprise and
public videophone. A VRS provider shall maintain the confidentiality of
any registration and certification information obtained by the
provider, and may not disclose such registration and certification
information, or the content of such registration and certification
information, except as required by law or regulation.
(iii) Enterprise and public videophone registration. A default VRS
provider for an enterprise or public videophone shall transmit to the
TRS User Registration Database, in a format prescribed by the
administrator of the TRS User Registration Database, the following
information for each enterprise or public videophone for which it
assigns (or receives a port of) a North American Numbering Plan
telephone number or for which it is the default VRS provider:
(A) The default VRS provider's name;
(B) The NANP telephone number assigned to the videophone;
(C) The name and physical address of the organization, business, or
agency where the enterprise or public videophone is located, and the
Registered Location of the phone if that is different from the physical
address;
(D) Whether the videophone is a public or enterprise videophone,
and for enterprise videophones, the type of location where the
videophone is located within the organization, business, agency, or
other entity, such as, but not limited to, a reception desk or other
work area, a private workspace, a private room in a long-term care
facility, or another restricted area;
(E) The date of initiation of service to the videophone by the
default VRS provider;
(F) The name of the individual responsible for the videophone,
confirmation that the provider has obtained the certification required
by paragraph (a)(6)(ii) of this section, and the date the certification
was obtained by the provider; and
(G) Whether the device is assigned to a hearing individual who
knows sign language.
(iv) Transmission of data to the TRS User Registration Database.
Default VRS providers shall transmit the information required by
paragraph (a)(6)(iii) of this section for existing enterprise and
public videophones within 120 days after notice from the Commission
that
[[Page 26371]]
the TRS User Registration Database is ready to accept such information.
For videophones placed in service more than 120 days after such notice,
the default VRS provider shall submit the required information and
certification before initiating service. VRS calls placed to or from
enterprise or public videophones more than 120 days after such notice
shall not be compensable if the required registration information was
not received by the TRS User Registration Database before placement of
the call.
(v) Notice of removal or disconnection of enterprise and public
videophones. VRS providers shall notify the TRS Fund administrator
within one business day in the event that a registered enterprise or
public videophone is removed or permanently disconnected from VRS.
* * * * *
(c) * * *
(1) * * *
(i) Obtain current routing information from their Registered
internet-based TRS Users, registered enterprise and public videophones,
and hearing point-to-point video users;
* * * * *
(2) * * *
(i) Take such steps as are necessary to cease acquiring routing
information from any VRS, IP Relay, or hearing point-to-point video
user, or any individual responsible for maintaining an enterprise or
public videophone, that ports a NANP telephone number to another VRS or
IP Relay provider or otherwise selects a new default provider; and
(ii) * * *
(B) VRS and IP Relay providers other than the default provider are
aware that they must query the TRS Numbering Directory in order to
obtain accurate routing information for a particular user of VRS or IP
Relay, or for an enterprise or public videophone.
* * * * *
0
5. Amend Sec. 64.613 by revising paragraphs (a)(1), (2), and (4) and
adding paragraphs (a)(5) and (c) to read as follows:
Sec. 64.613 Numbering directory for internet-based TRS users.
(a) TRS Numbering Directory. (1) The TRS Numbering Directory shall
contain records mapping the geographically appropriate NANP telephone
number of each Registered internet-based TRS User, registered
enterprise videophone, registered public videophone, direct video
customer support center, and hearing point-to-point video user to a
unique Uniform Resource Identifier (URI).
(2) For each record associated with a geographically appropriate
NANP telephone number for a registered VRS user, enterprise videophone,
public videophone, direct video customer support center, or hearing
point-to-point video user, the URI shall contain a server domain name
or the IP address of the user's device. For each record associated with
an IP Relay user's geographically appropriate NANP telephone number,
the URI shall contain the user's user name and domain name that can be
subsequently resolved to reach the user.
* * * * *
(4) Only the TRS Numbering Administrator, internet-based TRS
providers, and Qualified Direct Video Entities may access the TRS
Numbering Directory.
(5) VRS providers shall route all calls placed to NANP numbers
entered in the TRS Numbering Directory in accordance with the
associated routing information, except that a call placed by a
registered VRS user to a NANP number that is capable of receiving
either voice or video calls may be handled and routed as a VRS call if
the caller affirmatively so requests.
* * * * *
(c) Direct video customer support--(1) Registration. Any person
seeking to access the TRS Numbering Directory as a Qualified Direct
Video Entity shall submit an application to the Commission addressed to
the Federal Communications Commission, Chief, Consumer and Governmental
Affairs Bureau and captioned ``Direct Video Numbering Directory Access
Application.'' The application shall include:
(i) The applicant's name, address, telephone number, and email
address;
(ii) A description of the service to be provided;
(iii) An acknowledgment that the authorization granted under this
paragraph (c) is subject to compliance with applicable Commission
rules;
(iv) Contact information for personnel responsible for addressing
issues relating to such compliance; and
(v) Certification that the applicant's description of service meets
the definition of direct video customer support and that the
information provided is accurate and complete.
(2) Commission authorization. The Commission shall approve an
application for a Qualified Direct Video Entity to have access to the
TRS Numbering Directory if the applicant demonstrates, through its
responses to each of the requests for information in paragraph (c)(1)
of this section and any additional information requested by the
Commission, that the applicant has a legitimate need for such access
and is aware of its regulatory obligations.
(3) Termination of authorization. Authorization to access the TRS
Numbering Directory shall terminate:
(i) If a Qualified Direct Video Entity relinquishes its
authorization by notifying the Commission;
(ii) Automatically if one year elapses with no call-routing queries
received regarding any of the Qualified Direct Video Entity's NANP
telephone numbers; or
(iii) If the Commission determines, after notice to the entity and
an opportunity for the entity to contest the proposed termination, that
the entity is no longer qualified as described in its application, has
materially misrepresented information to the Commission, the TRS
Numbering administrator, or the TRS User Registration Database
administrator, has failed to provide required information in the format
requested, or has violated an applicable Commission rule or order or a
requirement imposed by authority of the TRS Numbering administrator or
the TRS User Registration Database administrator. Following the
termination of an authorization, the TRS Numbering administrator shall
remove the previously authorized entity's telephone numbers from the
TRS Numbering Directory.
(4) Notification of material change. A Qualified Direct Video
Entity that is granted access to the TRS Numbering Directory shall
notify the Commission within 60 days of any material changes to
information provided in its application.
(5) Qualified Direct Video Entities' obligations. A Qualified
Direct Video Entity shall comply with all relevant rules and
obligations applicable to VRS providers' access to the TRS Numbering
Directory and the use of numbers provisioned in the TRS Numbering
Directory, including, but not limited to:
(i) Provisioning and maintaining current routing information in the
TRS Numbering Directory for each NANP telephone number that it enters
in such directory;
(ii) Being able to make point-to-point calls and receive point-to-
point or VRS calls from any VRS user in accordance with all
interoperability standards applicable to VRS providers, including, but
not limited to, the relevant technical standards specified in Sec.
64.621(b);
(iii) Protecting customer proprietary network information of any
VRS user obtained in accordance with Sec. Sec. 64.5101 through 64.5111
(TRS Customer Proprietary Network Information);
[[Page 26372]]
(iv) Following TRS Numbering Directory access procedures and
performing related administrative functions as directed by the TRS
Numbering administrator in consultation with the Managing Director and
the Chief, Consumer and Governmental Affairs Bureau; and
(v) Adhering to all other applicable standards pertaining to
privacy, security, and reliability.
(6) Call transfer capability. A Qualified Direct Video Entity shall
ensure that each customer support center is able to initiate a call
transfer that converts a point-to-point video call into a VRS call, in
the event that a VRS user communicating with a direct video customer
agent needs to be transferred to a hearing person while the call is in
progress. No later than December 6, 2019, each VRS provider shall be
capable of activating an effective call transfer procedure within 60
days after receiving a request to do so from a Qualified Direct Video
Entity.
(7) TRS User Registration Database. For each direct video number to
be entered into the TRS Numbering Directory, unless otherwise
instructed by the TRS User Registration Database administrator, a
Qualified Direct Video Entity must create an equivalent entry in the
TRS User Registration Database by providing:
(i) The Qualified Direct Video Entity's name;
(ii) The date that the Qualified Direct Video Entity was approved
for TRS Numbering Directory access;
(iii) The name of the end-user customer support center (if
different from the Qualified Direct Video Entity);
(iv) Contact information for the end-user customer support call
center(s); and
(v) Other information reasonably requested by the TRS User
Registration Database administrator.
0
6. Amend Sec. 64.615 by revising paragraph (a)(1) introductory text,
redesignating paragraphs (a)(2) through (5) as paragraphs (a)(3)
through (6), adding new paragraph (a)(2), and revising newly
redesignated paragraph (a)(6) to read as follows:
Sec. 64.615 TRS User Registration Database and administrator.
(a) * * *
(1) VRS users call validation. VRS providers shall validate the
eligibility of the party on the video side of each call by querying the
TRS User Registration Database or the TRS Numbering Directory, as
directed by the Commission, the TRS Fund administrator, or the TRS
Numbering Administrator, on a per-call basis. Emergency 911 calls are
excepted from the requirement in this paragraph (a)(1).
* * * * *
(2) Enterprise and public videophone call validation. (i) VRS
providers shall validate the registration of an enterprise or public
videophone used for a VRS call by querying the designated database in
accordance with paragraph (a)(1) of this section.
(ii) [Reserved]
(iii) VRS providers shall require their CAs to terminate any call
which does not include a registered enterprise or public videophone or,
pursuant to the provider's policies, the call does not appear to be a
legitimate VRS call, and VRS providers may not seek compensation for
such calls from the TRS Fund.
(iv) Emergency 911 calls from enterprise and public videophones
shall be exempt from the videophone validation requirements of
paragraph (a)(2)(i) of this section.
* * * * *
(6) User verification. (i) The TRS User Registration Database shall
have the capability of performing an identification verification check
when a VRS provider, IP CTS provider, or other party submits a query to
the database about an existing or potential user or an enterprise or
public videophone.
(ii) VRS and IP CTS providers shall not register individuals or
enterprise or public videophones that do not pass the identification
verification check conducted through the TRS User Registration
Database.
(iii) VRS providers shall not seek compensation for calls placed by
individuals or for calls placed to or from enterprise or public
videophones that do not pass the identification verification check
conducted through the TRS User Registration Database.
(iv) IP CTS providers shall not seek compensation for calls placed
to or from individuals that do not pass the identification verification
check conducted through the TRS User Registration Database.
* * * * *
[FR Doc. 2019-11213 Filed 6-5-19; 8:45 am]
BILLING CODE 6712-01-P