Video Relay Service Call Handling, 27309-27313 [2020-08097]
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Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Rules and Regulations
purpose of the rulemaking. Therefore,
no additional notice and opportunity for
public comment is required under 5
U.S.C. 553(b). For the same reasons, and
to forestall any confusion caused by
incorrect text, the Coast Guard finds
good cause under 5 U.S.C. 553(d) to
make the corrected text effective upon
publication in the Federal Register.
Dated: May 5, 2020.
J.E. McLeod,
Acting Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
Accordingly, in FR Doc. 2019–27628,
appearing on page 21660 in the Federal
Register of Friday, April 17, 2020, the
following corrections are made:
FEDERAL COMMUNICATIONS
COMMISSION
Table 30.25–1 [Corrected]
[CG Docket Nos. 03–123, 10–51; FCC 20–
7; FRS 16658]
■
1. On page 21666, in the entry for
‘‘2,6-Di-tert-butylphenol,’’ remove the
italicized ‘‘t’’ and replace it with a nonitalicized ‘‘t’’.
2. On page 21668, revise the text
‘‘Latex (ammonia (1% or less)
inhibited)’’ to read ‘‘Latex, ammonia
(1% or less)-inhibited’’.
Table 1 to Part 150 [Corrected]
3. On page 21674, in the entry for
‘‘Alcohol (C12–C13, branched and
linear) poly(4-8) propoxy sulfates
(alternately sulphates, sodium salt 25–
30% solution’’ add a parenthesis at the
end of ‘‘alternately sulphates’’.
4. On page 21676, revise the text
‘‘Aluminum (alternately, Aluminium)
chloride/Hydrochloric acid solution, see
‘‘Aluminum (alternately, Aluminium
(chloride/Hydrogen chloride solution’’
to read as follows: ‘‘Aluminum
(alternately, Aluminium) chloride/
Hydrochloric acid solution, see
Aluminum (alternately, Aluminium)
chloride/Hydrogen chloride solution’’.
5. On page 21684, in the entry for
‘‘Fatty Acids (saturated, C13+)’’, change
‘‘334’’ in the ‘‘Group Number’’ column
to ‘‘34’’.
6. On page 21691, in the entry for
‘‘Olefin mixtures (C5–C7)’’, change
‘‘OFX’’ in the ‘‘Related CHRIS Codes’’
column to ‘‘OFY’’.
Table 2 to Part 150 [Corrected]
7. On page 21701, revise the
amendatory language instruction 8. (u.)
(xlv.) to read as follows:
8. * * *
u. * * *
xlv. A. Palm kernel acid oil, methyl
ester
B. Palm kernel oil fatty acid
*
*
*
*
*
8. On page 21711, in section 30.
OLEFINS, revise the text ‘‘Latex
(ammonia (1% or less)-inhibited.’’ to
read ‘‘Latex, ammonia (1% or less)inhibited.’’.
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[FR Doc. 2020–09958 Filed 5–7–20; 8:45 am]
BILLING CODE 9110–04–P
27309
Congressional Review Act
The Commission sent a copy of
document FCC 20–7 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
47 CFR Part 64
Video Relay Service Call Handling
Federal Communications
Commission.
AGENCY:
ACTION:
Final rule.
In this document, the Federal
Communications Commission
(Commission) authorizes
Telecommunications Relay Services
(TRS) Fund compensation of video relay
service (VRS) providers for calls
handled by communications assistants
(CAs) from home workstations, subject
to safeguards for service quality, call
confidentiality, and prevention of waste,
fraud, and abuse.
SUMMARY:
Effective Date: These rules are
effective June 8, 2020, except for
amendments to §§ 64.604 and 64.606,
which are delayed. The Commission
will publish a document in the Federal
Register announcing the effective date.
DATES:
FOR FURTHER INFORMATION CONTACT:
Michael Scott, Consumer and
Governmental Affairs Bureau, at (202)
418–1264, or email Michael.Scott@
fcc.gov.
This is a
summary of the Commission’s Report
and Order, document FCC 20–7,
adopted on January 30, 2020, released
on January 31, 2020, in CG Docket Nos.
10–51 and 03–123. The Commission
previously sought comment on the issue
in a Further Notice of Proposed
Rulemaking (2019 VRS Program
Management FNPRM), published at 84
FR 26379, June 6, 2019. The full text of
document FCC 20–7 will be available
for public inspection and copying via
the Commission’s Electronic Comment
Filing System (ECFS). To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov, or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice) or
(202) 418–0432 (TTY).
SUPPLEMENTARY INFORMATION:
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Document FCC 20–7 contains
modified information collection
requirements, which are not effective
until approval is obtained from the
Office of Management and Budget
(OMB). As part of its continuing effort
to reduce paperwork burdens, the
Commission invites the general public
to comment on the information
collection requirements as required by
the Paperwork Reduction Act 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.’’ 2019 VRS Program
Management FNPRM.
Synopsis
1. The Commission authorizes TRS
Fund compensation of VRS providers
for calls handled by CAs from home
workstations, converting the existing
pilot at-home call-handling program to
a permanent one. VRS enables people
with hearing or speech disabilities who
use American Sign Language (ASL) to
employ video equipment to
communicate with voice telephone
users. A video link allows a CA and the
VRS user on the video side of the call
to view and sign with each other, and
the CA is also connected to a user on the
voice side of the call via telephone. The
CA interprets and relays the
conversation back and forth between the
two parties.
2. Allowing VRS CAs to work at home
under appropriate regulation can
improve the efficiency and effectiveness
of VRS. Adding this flexibility enables
VRS providers to attract and retain
qualified CAs for whom working at the
companies’ call centers is not a practical
option, and working at home can reduce
CA stress and improve productivity and
performance. Further, at-home call
handling can improve network
reliability and redundancy, and there is
potential for cost savings. By largely
retaining the safeguards established in
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the 2017 VRS Improvements Order,
published at 82 FR 17754, April 13,
2017, the Commission can permit athome VRS call handling without
increasing the risk of waste, fraud, and
abuse or endangering the
confidentiality, reliability, and quality
of VRS. In adopting these safeguards as
minimum TRS standards, the
Commission also simplifies the
organization and wording of the rules to
provide a clearer and more concise
statement of provider obligations.
3. Maximum percentage of at-home
minutes. The Commission raises the
percentage cap on a provider’s at-home
call-handling to 50% of the provider’s
monthly VRS minutes, continuing the
pilot-program approach whereby athome workstations for VRS CAs
complement rather than replace the
functions performed at call centers.
4. Personnel safeguards. The
Commission adopts a few substantive
changes to these safeguards. First, rather
than requiring CAs working from home
to have three years of VRS call center
experience, the Commission requires
three years of full-time or equivalent
part-time experience in professional
ASL interpreting, whether in a
community, business, VRS, or other
context.
5. Second, the Commission retains the
pilot program requirement for at-home
CAs to receive training on compliance
with at-home safeguards and the
provider’s specific protocols for
handling calls at home. However,
because the Commission’s rules already
require a detailed plan describing how
the VRS provider will ensure
compliance, the Commission deletes as
redundant the specific requirement that
VRS providers establish at-home
protocols.
6. Third, while continuing to require
that a CA be removed from at-home call
handling if the CA violates the at-home
safeguards or other Commission rules,
the Commission deletes the specific
requirements that VRS providers
establish and provide to CAs in writing
the specific grounds and process for
terminating a CA’s permission to work
at home and to have at-home CAs sign
written certifications as to their
understanding of and commitment to
comply with the Commission’s rules.
VRS providers are required to
effectively train and supervise at-home
CAs and are responsible for their CAs’
compliance with the minimum TRS
standards.
7. Technical and environmental
safeguards. The Commission adopts the
pilot program’s technical and
environmental safeguards without
substantial changes. VRS providers
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must ensure that home workstations
enable the provision of confidential and
uninterrupted service to the same extent
as the provider’s call centers, and that
calls handled by at-home CAs are
seamlessly integrated into the provider’s
call-routing, distribution, tracking, and
support systems. The VRS provider
must ensure that each home workstation
resides in a separate, secure location
within the home, with restricted access;
allows the CA to use all call-handling
technology to the same extent as callcenter CAs; is capable of supporting
VRS in compliance with the
Commission’s mandatory minimum
standards to the same degree as at call
centers; is equipped with effective
means to prevent eavesdropping and
outside interruptions; and connects to
the provider’s network over a secure
connection to ensure caller privacy.
These performance-based standards
allow providers flexibility in deciding
how to achieve technical and
environmental parity with call-center
workstations, enabling the specific
implementations to adapt and improve
as technology changes.
8. The Commission provides the
following clarifications to help VRS
providers understand their compliance
options. It is the VRS provider’s
responsibility to ensure that its CAs
comply with the security-related
safeguards for home workstations,
which are intended to protect the
confidentiality of user information and
call content in accordance with
longstanding TRS rules. Measures to
ensure that home workstations have
security equivalent to that of a call
center may include, for example,
password protection for equipment, a
lock on the door to the CA’s workspace,
a virtual private network connection to
the VRS provider’s network, VRS call
encryption, soundproofing material, and
sound-dampening installations, such as
a white noise machine. Although the
VRS provider is responsible for ensuring
secure communications between the
home workstation and the provider’s
network, the rules do not require
subscription to a separate broadband
internet access line dedicated solely to
that purpose.
9. Similarly, a VRS provider must
ensure the overall redundancy of its
communications system, which must be
functionally equivalent to the
redundancy achieved by telephone
networks, and the inclusion of at-home
interpreting may be part of a provider’s
plan. The Commission’s rules do not
require VRS providers to duplicate each
element of redundancy, such as back-up
power and business-grade internet
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access service, at each home
workstation.
10. The Commission also clarifies that
‘‘home workstation’’ includes any work
site that is used by a single CA or by
multiple CAs working different shifts. If
a home (other than a shared residence)
or other work site is used
simultaneously by more than one CA,
that location will be deemed a VRS call
center subject to the applicable
Commission rules. This clarification
ensures that the Commission is aware of
the location and responsible supervisor
for each such work site housing
multiple CAs. However, if two or more
CAs share a residence, it will not be
deemed a ‘‘call center’’ even if they
work there simultaneously.
11. Emergency call handling. The
Commission retains the requirement
that home workstations support the
handling of emergency calls. The
Commission does not allow the transfer
of an emergency 911 call from an athome CA to a call center CA, which
would introduce delay. However, the
Commission clarifies that, if the CAs
available to immediately answer a 911
call include both call-center and athome CAs, a VRS provider’s call-routing
algorithm may give preference to having
the call answered at a call center,
provided that such routing is consistent
with the priority treatment required by
the Commission’s rules and does not
delay answering the 911 call. The
Commission will continue to assess the
performance of at-home CAs in
emergencies and will revisit this issue if
the evidence warrants.
12. Authorization to participate. The
Commission does not require currently
certified VRS providers—each of whom
was previously approved to participate
in the pilot program—to seek further
authorization for at-home call handling.
A new applicant for VRS certification
desiring to use at-home call handling
must request such authorization as part
of its application. As under the pilot
program, such authorization requests
must include a detailed description of
how the applicant will comply with the
at-home call-handling safeguards and
the monitoring and oversight
requirements. All VRS providers
authorized for at-home call handling,
including currently authorized
providers, must inform the Commission
in their annual VRS compliance reports
of any substantive changes to their
previously filed compliance plans.
Because the at-home call-handling
safeguards and requirements are part of
the Commission’s mandatory minimum
standards, noncompliance with such
standards, or failure to adhere to a filed
at-home compliance plan, may be
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considered in determining whether to
grant or deny renewal of, or whether to
suspend or revoke, a certification to
provide VRS. Because it is redundant
with existing rules relating generally to
TRS providers, the Commission deletes
the separate provision stating that VRS
providers may also be subject to
withholding, forfeitures, and penalties
for noncompliant minutes handled by
home workstations.
13. Monitoring, oversight, auditing,
and inspection requirements. The
Commission adopts without substantive
change the pilot program’s monitoring,
oversight, auditing, and inspection
requirements. These rules require VRS
providers to inspect and approve each
home workstation before it is used;
equip each home workstation with
monitoring technology sufficient to
ensure that CA performance is
supervised to the same extent as CAs in
a call center; regularly analyze any data
collected to address possible waste,
fraud, and abuse; conduct random,
unannounced inspections of at least 5%
of home workstations per year; keep all
records pertaining to home workstations
for a minimum of five years; and allow
review, audit, and inspection of home
workstations and workstation records by
the Commission and the TRS Fund
administrator. The Commission clarifies
that the rule requiring a VRS provider
to conduct initial and periodic
inspections of each home workstation
does not specify how the inspections are
conducted, provided that such
inspections are consistent with the
provider’s at-home compliance plan and
are effective in determining whether the
CA’s home workstation and workspace
are in compliance with the at-home
safeguards.
14. The Commission retains the pilot
program’s five-year retention period for
at-home call-handling data, which will
provide greater assurance that relevant
information is available and can be
reviewed, if necessary, in deciding
whether renewal of a VRS provider’s
certification is warranted. This is
consistent with the retention periods for
other VRS provider records, such as the
data supporting cost reports and claims
for payment from the TRS Fund.
15. Call detail reports and call center
information. The Commission adopts
without substantive change the pilot
program rules requiring monthly
requests for compensation to include,
for each at-home CA, a home
workstation identification number (ID),
street address, and CA ID; and the call
center ID, location, and supervisor name
for the call center supervising that CA.
Collecting such data ensures that the
TRS Fund administrator and the
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Commission are able to review, audit,
and, if necessary, investigate the
handling of calls at home workstations
to the same extent as at call centers.
16. Annual reports. In lieu of the
semi-annual report required under the
pilot program, the Commission requires
VRS providers to include at-home callhandling data in their annual VRS
compliance reports. These reports must
include the same information that has
proved useful in evaluating callhandling performance under the pilot
program: The total number of CAs who
have worked at home during the
reporting period; the total number of
911 calls handled during the reporting
period; and the total number of
complaints, if any, submitted to the
provider regarding its at-home callhandling program or calls handled by
at-home CAs.
17. The Commission deletes the
specific pilot-program requirements for
the submission of detailed information
about the at-home CA screening process,
at-home CA training materials and callhandling protocols, CA surveys and selfevaluations, CAs terminated from the
program, inspections of home
workstations, oversight of CAs working
at home, tracking software reports, and
costs of at-home call handling. In lieu of
these voluminous reports, the
Commission requires VRS providers to
describe in their annual reports any
substantive changes in the information
previously submitted in the provider’s
at-home compliance plan.
Final Regulatory Flexibility Analysis
18. As required by the Regulatory
Flexibility Act of 1980 as amended
(RFA) the Commission incorporated an
Initial Regulatory Flexibility Analysis
(IRFA) into the Further Notice of
Proposed Rulemaking. The Commission
sought written public comment on the
proposals in the 2019 VRS Program
Management FNPRM, including
comment on the IRFA.
Need For, and Objectives of, the Rules
19. Document FCC 20–7 makes
permanent, with some modifications, a
pilot program that permits CAs to
handle VRS calls at home, subject to
safeguards designed to maintain service
quality, protect call confidentiality, and
prevent waste, fraud, and abuse.
Adopting permanent rules for at-home
call handling will expand the available
pool of qualified sign-language
interpreters who can work as VRS CAs
and enable VRS providers to improve
service quality and reliability.
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27311
Summary of Significant Issues Raised by
Public Comments in Response to the
IRFA
20. No comments were filed in
response to the IRFA.
Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
21. The Chief Counsel did not file any
comments in response to the proposed
rules in this proceeding.
Small Entities Impacted
22. The rules adopted in document
FCC 20–7 will affect obligations of VRS
providers. These services can be
included within the broad economic
category of All Other
Telecommunications.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
23. In allowing VRS CAs to handle
VRS calls at-home on a permanent basis,
the Commission retains some of the
reporting, recordkeeping, and other
compliance requirements previously
applicable to VRS providers under the
pilot program, while eliminating others.
24. A VRS provider or applicant for
VRS certification may request
authorization to provide at-home VRS
call handling in conjunction with an
application for certification to provide
VRS or for renewal of such certification,
or at any other time. As under the
existing pilot program rules, the
application must include a detailed
description of how the applicant will
comply with the at-home call handling
safeguards and monitoring and
oversight requirements.
25. To work at home, a CA must: Be
a qualified interpreter with at least three
years of professional interpreting
experience, have the experience, skills,
and knowledge necessary to effectively
interpret VRS calls without in-person
supervision, have learned the provider’s
protocols for at-home call handling, and
understand and follow the TRS
mandatory minimum standards. A VRS
provider must provide on-the-job
support equivalent to that provided to
CAs working from call centers,
including team interpreting and readily
available supervisors to resolve
problems that may arise during a relay
call.
26. Requirements for at-home CA
workstations remain substantially the
same as under the pilot program. They
must be placed in a separate location
within the home, with restricted access
and effective means to minimize the
impact of outside noise and prevent
eavesdropping; configured to enable the
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CA to use all call-handling technology
to the same extent as other CAs; capable
of supporting VRS in compliance with
the Commission’s mandatory minimum
standards; and connected to the
provider’s network over a secure
connection to ensure caller privacy.
27. As under the pilot program, VRS
providers must appropriately monitor
and oversee the provision of at-home
call handling. They must approve each
at-home CA workstation and its home
environment before activation; equip
workstations with monitoring
technology sufficient to ensure that offsite supervision approximates the level
of supervision at the provider’s call
center; conduct random, unannounced
inspections of at least 5% of all at-home
workstations annually; and keep all
records pertaining to at-home
workstations for a minimum of five
years.
28. As under the pilot program, for
calls handled through at-home
workstations, VRS providers must
submit to the TRS Fund administrator
in their monthly requests for
compensation, in addition to the data
otherwise required to receive payment
for handling calls: A unique workstation
ID, street address, and CA ID for each
CA working at home; and the location
and call center IDs of call centers
providing supervision for at-home
workstations, and the names of persons
at such call centers responsible for
oversight of these workstations.
29. VRS providers that provide athome call handling must submit some
but not all of the information previously
required in implementation reports. The
amended rule requires the submission
of the total number of CAs handling
VRS calls from home workstations over
the preceding year; the number of 911
calls handled by the provider’s home
workstations; the total number of
complaints, if any, submitted to the
provider regarding its at-home call
handling program or calls handled by
at-home CAs; and a description of any
substantive changes in the VRS
provider’s currently effective at-home
call-handling compliance plan. Instead
of being submitted every six months, as
under the pilot program, these reports
must only be filed annually, as part of
the annual filings already required to
demonstrate VRS providers’ overall
compliance with the Commission’s VRS
rules.
Steps Taken To Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered
30. The rule amendments adopted by
the Commission do not increase VRS
providers’ compliance burden compared
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with the existing rules applicable under
the pilot at-home call-handling program.
Providing at-home call handling
remains optional for any small entities
certified to provide VRS. Maintaining
most of the existing safeguards as
conditions for permitting VRS providers
to let CAs work at home will help
prevent waste, fraud, and abuse; assure
that mandatory minimum standards are
met; and ensure the confidentiality,
reliability, and quality of VRS. The
requirements apply equally to all VRS
providers. 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.
31. To eliminate counterproductive
effects and unnecessary compliance
burdens, the Commission relaxes or
eliminates some of the regulations
applicable to VRS providers that choose
to allow CAs to work at home. Instead
of requiring at-home CAs to have a
minimum of three years of VRS call
center experience, as under the pilot
program, the Commission only requires
three years of full-time professional sign
language interpreting, whether in
community interpreting or VRS call
handling. This modification will allow
VRS providers to hire interpreters who
have not previously been able to work
in VRS. The Commission also
eliminates the specific requirements for
VRS providers to adopt written
dismissal policies for at-home CAs and
require such CAs to sign written
compliance certifications, as VRS
providers have sufficient incentives to
ensure at-home CAs comply with the
Commission’s rules without adopting
paperwork rules on these matters.
Lastly, the Commission increases the
limit on the percentage of minutes that
may be handled by at-home CAs from
30% to 50%, increasing the flexibility of
VRS providers, including small
businesses, in hiring CAs.
32. The Commission authorizes each
currently certified VRS provider to
continue providing at-home call
handling under the new rules, without
additional filings. Only new applicants
for VRS certification are required to
include a request for authorization in
their applications, if they wish to
employ at-home CAs. Incorporating athome call handling requirements into
the recertification requirement
streamlines the application process and
aligns with existing, more general filing
requirements. Similarly, the
Commission eases the burden imposed
by required reports on at-home callhandling compliance by reducing their
frequency, eliminating most of the
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required information, including the
detailed cost and workstationmonitoring data required under the pilot
program, and consolidating the at-home
call-handling compliance report with
the more comprehensive annual filing
already required to demonstrate a VRS
provider’s overall compliance with
Commission’s VRS rules.
Ordering Clauses
33. Pursuant to sections 1, 2, and 225
of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 225,
document FCC 20–7 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.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 part 64 as
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 217,
218, 220, 222, 225, 226, 227, 228, 251(a),
251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 620,
1401–1473, unless otherwise noted; sec. 503,
Pub. L. 115–141, 132 Stat. 348.
2. Amend § 64.601 by redesignating
paragraphs (a)(5) through (16) and (17)
through (51) as paragraphs (a)(7)
through (18) and (20) through (54) and
adding new paragraphs (a)(5), (6), and
(19) and paragraph (b) to read as
follows:
■
§ 64.601 Definitions and provisions of
general applicability.
(a) * * *
(5) At-home CA. A communications
assistant (CA) that a video relay service
(VRS) provider authorizes to handle
VRS calls at a home workstation.
(6) At-home VRS call handling. The
handling of VRS calls by a CA at a home
workstation.
*
*
*
*
*
(19) Home workstation or home CA
workstation. A VRS CA’s workstation in
the CA’s home or in any location where
two or more CAs do not simultaneously
handle VRS calls.
*
*
*
*
*
(b) For purposes of this subpart, all
regulations and requirements applicable
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to common carriers shall also be
applicable to providers of
interconnected VoIP service.
■ 3. Amend § 64.604 by revising
paragraphs (b)(4)(iii), (b)(8), and
(c)(5)(iii)(D)(2)(ix) to read as follows:
§ 64.604
Mandatory minimum standards.
*
*
*
*
*
(b) * * *
(4) * * *
(iii) A VRS provider shall not allow
its CAs to handle VRS calls from a home
workstation unless so authorized by the
Commission.
*
*
*
*
*
(8) At-home VRS call handling—(i)
Limit on minutes handled. In any
calendar month, a VRS provider
authorized by the Commission to
employ at-home CAs may be
compensated for minutes handled from
home workstations up to a maximum of
the greater of:
(A) Fifty percent (50%) of a VRS
provider’s total minutes for which
compensation is paid in that month; or
(B) Fifty percent (50%) of the
provider’s average projected monthly
conversation minutes for the calendar
year, according to the projections most
recently filed with the TRS Fund
administrator.
(ii) Personnel safeguards. A VRS
provider shall:
(A) Allow a CA to work at home only
if the CA is a qualified interpreter with
at least three years of professional
interpreting experience, has the
experience, skills, and knowledge
necessary to effectively interpret VRS
calls without in-person supervision, has
learned the provider’s protocols for athome call handling, and understands
and follows the TRS mandatory
minimum standards set out in this
section; and
(B) Provide at-home CAs equivalent
support to that provided to CAs working
from call centers, including, where
appropriate, the opportunity to teaminterpret and consult with supervisors,
and ensure that supervisors are readily
available to resolve problems that may
arise during a relay call.
(iii) Technical and environmental
safeguards. A VRS provider shall ensure
that each home workstation enables the
provision of confidential and
uninterrupted service to the same extent
as the provider’s call centers and is
seamlessly integrated into the provider’s
call routing, distribution, tracking, and
support systems. Each home
workstation shall:
(A) Reside in a separate, secure
workspace where access during working
hours is restricted solely to the CA;
VerDate Sep<11>2014
15:57 May 07, 2020
Jkt 250001
(B) Allow a CA to use all callhandling technology to the same extent
as call-center CAs;
(C) Be capable of supporting VRS in
compliance with the applicable
mandatory minimum standards set out
in this section to the same degree as at
call centers;
(D) Be equipped with an effective
means to prevent eavesdropping and
outside interruptions; and
(E) Be connected to the provider’s
network over a secure connection to
ensure caller privacy.
(iv) Monitoring and oversight
obligations. A VRS provider shall:
(A) Inspect each home workstation
and its home environment to confirm
their compliance with paragraph
(b)(8)(iii) of this section before
activating the workstation for use;
(B) Assign a unique workstation
identification number to each VRS
home workstation;
(C) Equip each home workstation with
monitoring technology sufficient to
ensure that off-site supervision
approximates the level of supervision at
the provider’s call center and regularly
analyze the records and data produced
by such monitoring to proactively
address possible waste, fraud, and
abuse;
(D) Keep all records pertaining to
home workstations, except records of
the content of interpreted conversations,
for a minimum of five years; and
(E) Conduct random and
unannounced inspections of at least five
percent (5%) of all home workstations,
including their home environments, in
each 12-month period.
(v) Commission audits and
inspections. Home workstations and
workstation records shall be subject to
review, audit, and inspection by the
Commission and the TRS Fund
administrator and unannounced on-site
inspections by the Commission to the
same extent as call centers and call
center records subject to the rules in this
chapter.
(vi) Monthly reports. With its monthly
requests for compensation, a VRS
provider employing at-home CAs shall
report the following information to the
TRS Fund administrator for each home
workstation:
(A) The home workstation
identification number and full street
address (number, street, city, state, and
zip code);
(B) The CA identification number of
each individual handling VRS calls
from that home workstation; and
(C) The call center identification
number, street address, and name of
supervisor of the call center responsible
for oversight of that workstation.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
27313
(c) * * *
(5) * * *
(iii) * * *
(D) * * *
(2) * * *
(ix) The call center (by assigned center
ID number) or home workstation (by
assigned home workstation
identification number) that handled the
call; and
*
*
*
*
*
■ 4. Amend § 64.606 by adding
paragraphs (a)(4) and (g)(5) to read as
follows:
§ 64.606 Internet-based TRS provider and
TRS program certification.
(a) * * *
(4) At-home VRS call handling. An
applicant for initial VRS certification
that desires to provide at-home VRS call
handling shall include a detailed plan
describing how the VRS provider will
ensure compliance with the
requirements of § 64.604(b)(8).
*
*
*
*
*
(g) * * *
(5) If a VRS provider is authorized to
provide at-home call handling, its
annual compliance report shall include
the following information:
(i) The total number of CAs handling
VRS calls from home workstations over
the preceding year;
(ii) The number of 911 calls handled
by the provider’s home workstations;
(iii) The total number of complaints,
if any, submitted to the provider
regarding its at-home call handling
program or calls handled by at-home
CAs; and
(iv) A description of any substantive
changes in the VRS provider’s currently
effective at-home call-handling
compliance plan.
*
*
*
*
*
[FR Doc. 2020–08097 Filed 5–7–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 91
[Docket No. FWS–HQ–MB–2019–0105;
FXMB 12330900000//201//FF09M13200]
RIN 1018–BE20
Revision of Federal Migratory Bird
Hunting and Conservation Stamp
(Duck Stamp) Contest Regulations
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
The U.S. Fish and Wildlife
Service (Service or we) is revising
SUMMARY:
E:\FR\FM\08MYR1.SGM
08MYR1
]]>Agencies
[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Rules and Regulations]
[Pages 27309-27313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08097]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 03-123, 10-51; FCC 20-7; FRS 16658]
Video Relay Service Call Handling
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission) authorizes Telecommunications Relay Services (TRS) Fund
compensation of video relay service (VRS) providers for calls handled
by communications assistants (CAs) from home workstations, subject to
safeguards for service quality, call confidentiality, and prevention of
waste, fraud, and abuse.
DATES: Effective Date: These rules are effective June 8, 2020, except
for amendments to Sec. Sec. 64.604 and 64.606, 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 20-7, adopted on January 30, 2020, released on
January 31, 2020, in CG Docket Nos. 10-51 and 03-123. The Commission
previously sought comment on the issue in a Further Notice of Proposed
Rulemaking (2019 VRS Program Management FNPRM), published at 84 FR
26379, June 6, 2019. The full text of document FCC 20-7 will be
available for public inspection and copying via the Commission's
Electronic Comment Filing System (ECFS). 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 20-7 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
Document FCC 20-7 contains modified information collection
requirements, which are not effective until approval is obtained from
the Office of Management and Budget (OMB). As part of its continuing
effort to reduce paperwork burdens, the Commission invites the general
public to comment on the information collection requirements as
required by the Paperwork Reduction Act 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.'' 2019 VRS
Program Management FNPRM.
Synopsis
1. The Commission authorizes TRS Fund compensation of VRS providers
for calls handled by CAs from home workstations, converting the
existing pilot at-home call-handling program to a permanent one. VRS
enables people with hearing or speech disabilities who use American
Sign Language (ASL) to employ video equipment to communicate with voice
telephone users. A video link allows a CA and the VRS user on the video
side of the call to view and sign with each other, and the CA is also
connected to a user on the voice side of the call via telephone. The CA
interprets and relays the conversation back and forth between the two
parties.
2. Allowing VRS CAs to work at home under appropriate regulation
can improve the efficiency and effectiveness of VRS. Adding this
flexibility enables VRS providers to attract and retain qualified CAs
for whom working at the companies' call centers is not a practical
option, and working at home can reduce CA stress and improve
productivity and performance. Further, at-home call handling can
improve network reliability and redundancy, and there is potential for
cost savings. By largely retaining the safeguards established in
[[Page 27310]]
the 2017 VRS Improvements Order, published at 82 FR 17754, April 13,
2017, the Commission can permit at-home VRS call handling without
increasing the risk of waste, fraud, and abuse or endangering the
confidentiality, reliability, and quality of VRS. In adopting these
safeguards as minimum TRS standards, the Commission also simplifies the
organization and wording of the rules to provide a clearer and more
concise statement of provider obligations.
3. Maximum percentage of at-home minutes. The Commission raises the
percentage cap on a provider's at-home call-handling to 50% of the
provider's monthly VRS minutes, continuing the pilot-program approach
whereby at-home workstations for VRS CAs complement rather than replace
the functions performed at call centers.
4. Personnel safeguards. The Commission adopts a few substantive
changes to these safeguards. First, rather than requiring CAs working
from home to have three years of VRS call center experience, the
Commission requires three years of full-time or equivalent part-time
experience in professional ASL interpreting, whether in a community,
business, VRS, or other context.
5. Second, the Commission retains the pilot program requirement for
at-home CAs to receive training on compliance with at-home safeguards
and the provider's specific protocols for handling calls at home.
However, because the Commission's rules already require a detailed plan
describing how the VRS provider will ensure compliance, the Commission
deletes as redundant the specific requirement that VRS providers
establish at-home protocols.
6. Third, while continuing to require that a CA be removed from at-
home call handling if the CA violates the at-home safeguards or other
Commission rules, the Commission deletes the specific requirements that
VRS providers establish and provide to CAs in writing the specific
grounds and process for terminating a CA's permission to work at home
and to have at-home CAs sign written certifications as to their
understanding of and commitment to comply with the Commission's rules.
VRS providers are required to effectively train and supervise at-home
CAs and are responsible for their CAs' compliance with the minimum TRS
standards.
7. Technical and environmental safeguards. The Commission adopts
the pilot program's technical and environmental safeguards without
substantial changes. VRS providers must ensure that home workstations
enable the provision of confidential and uninterrupted service to the
same extent as the provider's call centers, and that calls handled by
at-home CAs are seamlessly integrated into the provider's call-routing,
distribution, tracking, and support systems. The VRS provider must
ensure that each home workstation resides in a separate, secure
location within the home, with restricted access; allows the CA to use
all call-handling technology to the same extent as call-center CAs; is
capable of supporting VRS in compliance with the Commission's mandatory
minimum standards to the same degree as at call centers; is equipped
with effective means to prevent eavesdropping and outside
interruptions; and connects to the provider's network over a secure
connection to ensure caller privacy. These performance-based standards
allow providers flexibility in deciding how to achieve technical and
environmental parity with call-center workstations, enabling the
specific implementations to adapt and improve as technology changes.
8. The Commission provides the following clarifications to help VRS
providers understand their compliance options. It is the VRS provider's
responsibility to ensure that its CAs comply with the security-related
safeguards for home workstations, which are intended to protect the
confidentiality of user information and call content in accordance with
longstanding TRS rules. Measures to ensure that home workstations have
security equivalent to that of a call center may include, for example,
password protection for equipment, a lock on the door to the CA's
workspace, a virtual private network connection to the VRS provider's
network, VRS call encryption, soundproofing material, and sound-
dampening installations, such as a white noise machine. Although the
VRS provider is responsible for ensuring secure communications between
the home workstation and the provider's network, the rules do not
require subscription to a separate broadband internet access line
dedicated solely to that purpose.
9. Similarly, a VRS provider must ensure the overall redundancy of
its communications system, which must be functionally equivalent to the
redundancy achieved by telephone networks, and the inclusion of at-home
interpreting may be part of a provider's plan. The Commission's rules
do not require VRS providers to duplicate each element of redundancy,
such as back-up power and business-grade internet access service, at
each home workstation.
10. The Commission also clarifies that ``home workstation''
includes any work site that is used by a single CA or by multiple CAs
working different shifts. If a home (other than a shared residence) or
other work site is used simultaneously by more than one CA, that
location will be deemed a VRS call center subject to the applicable
Commission rules. This clarification ensures that the Commission is
aware of the location and responsible supervisor for each such work
site housing multiple CAs. However, if two or more CAs share a
residence, it will not be deemed a ``call center'' even if they work
there simultaneously.
11. Emergency call handling. The Commission retains the requirement
that home workstations support the handling of emergency calls. The
Commission does not allow the transfer of an emergency 911 call from an
at-home CA to a call center CA, which would introduce delay. However,
the Commission clarifies that, if the CAs available to immediately
answer a 911 call include both call-center and at-home CAs, a VRS
provider's call-routing algorithm may give preference to having the
call answered at a call center, provided that such routing is
consistent with the priority treatment required by the Commission's
rules and does not delay answering the 911 call. The Commission will
continue to assess the performance of at-home CAs in emergencies and
will revisit this issue if the evidence warrants.
12. Authorization to participate. The Commission does not require
currently certified VRS providers--each of whom was previously approved
to participate in the pilot program--to seek further authorization for
at-home call handling. A new applicant for VRS certification desiring
to use at-home call handling must request such authorization as part of
its application. As under the pilot program, such authorization
requests must include a detailed description of how the applicant will
comply with the at-home call-handling safeguards and the monitoring and
oversight requirements. All VRS providers authorized for at-home call
handling, including currently authorized providers, must inform the
Commission in their annual VRS compliance reports of any substantive
changes to their previously filed compliance plans. Because the at-home
call-handling safeguards and requirements are part of the Commission's
mandatory minimum standards, noncompliance with such standards, or
failure to adhere to a filed at-home compliance plan, may be
[[Page 27311]]
considered in determining whether to grant or deny renewal of, or
whether to suspend or revoke, a certification to provide VRS. Because
it is redundant with existing rules relating generally to TRS
providers, the Commission deletes the separate provision stating that
VRS providers may also be subject to withholding, forfeitures, and
penalties for noncompliant minutes handled by home workstations.
13. Monitoring, oversight, auditing, and inspection requirements.
The Commission adopts without substantive change the pilot program's
monitoring, oversight, auditing, and inspection requirements. These
rules require VRS providers to inspect and approve each home
workstation before it is used; equip each home workstation with
monitoring technology sufficient to ensure that CA performance is
supervised to the same extent as CAs in a call center; regularly
analyze any data collected to address possible waste, fraud, and abuse;
conduct random, unannounced inspections of at least 5% of home
workstations per year; keep all records pertaining to home workstations
for a minimum of five years; and allow review, audit, and inspection of
home workstations and workstation records by the Commission and the TRS
Fund administrator. The Commission clarifies that the rule requiring a
VRS provider to conduct initial and periodic inspections of each home
workstation does not specify how the inspections are conducted,
provided that such inspections are consistent with the provider's at-
home compliance plan and are effective in determining whether the CA's
home workstation and workspace are in compliance with the at-home
safeguards.
14. The Commission retains the pilot program's five-year retention
period for at-home call-handling data, which will provide greater
assurance that relevant information is available and can be reviewed,
if necessary, in deciding whether renewal of a VRS provider's
certification is warranted. This is consistent with the retention
periods for other VRS provider records, such as the data supporting
cost reports and claims for payment from the TRS Fund.
15. Call detail reports and call center information. The Commission
adopts without substantive change the pilot program rules requiring
monthly requests for compensation to include, for each at-home CA, a
home workstation identification number (ID), street address, and CA ID;
and the call center ID, location, and supervisor name for the call
center supervising that CA. Collecting such data ensures that the TRS
Fund administrator and the Commission are able to review, audit, and,
if necessary, investigate the handling of calls at home workstations to
the same extent as at call centers.
16. Annual reports. In lieu of the semi-annual report required
under the pilot program, the Commission requires VRS providers to
include at-home call-handling data in their annual VRS compliance
reports. These reports must include the same information that has
proved useful in evaluating call-handling performance under the pilot
program: The total number of CAs who have worked at home during the
reporting period; the total number of 911 calls handled during the
reporting period; and the total number of complaints, if any, submitted
to the provider regarding its at-home call-handling program or calls
handled by at-home CAs.
17. The Commission deletes the specific pilot-program requirements
for the submission of detailed information about the at-home CA
screening process, at-home CA training materials and call-handling
protocols, CA surveys and self-evaluations, CAs terminated from the
program, inspections of home workstations, oversight of CAs working at
home, tracking software reports, and costs of at-home call handling. In
lieu of these voluminous reports, the Commission requires VRS providers
to describe in their annual reports any substantive changes in the
information previously submitted in the provider's at-home compliance
plan.
Final Regulatory Flexibility Analysis
18. As required by the Regulatory Flexibility Act of 1980 as
amended (RFA) the Commission incorporated an Initial Regulatory
Flexibility Analysis (IRFA) into the Further Notice of Proposed
Rulemaking. The Commission sought written public comment on the
proposals in the 2019 VRS Program Management FNPRM, including comment
on the IRFA.
Need For, and Objectives of, the Rules
19. Document FCC 20-7 makes permanent, with some modifications, a
pilot program that permits CAs to handle VRS calls at home, subject to
safeguards designed to maintain service quality, protect call
confidentiality, and prevent waste, fraud, and abuse. Adopting
permanent rules for at-home call handling will expand the available
pool of qualified sign-language interpreters who can work as VRS CAs
and enable VRS providers to improve service quality and reliability.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
20. No comments were filed in response to the IRFA.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
21. The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.
Small Entities Impacted
22. The rules adopted in document FCC 20-7 will affect obligations
of VRS providers. These services can be included within the broad
economic category of All Other Telecommunications.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
23. In allowing VRS CAs to handle VRS calls at-home on a permanent
basis, the Commission retains some of the reporting, recordkeeping, and
other compliance requirements previously applicable to VRS providers
under the pilot program, while eliminating others.
24. A VRS provider or applicant for VRS certification may request
authorization to provide at-home VRS call handling in conjunction with
an application for certification to provide VRS or for renewal of such
certification, or at any other time. As under the existing pilot
program rules, the application must include a detailed description of
how the applicant will comply with the at-home call handling safeguards
and monitoring and oversight requirements.
25. To work at home, a CA must: Be a qualified interpreter with at
least three years of professional interpreting experience, have the
experience, skills, and knowledge necessary to effectively interpret
VRS calls without in-person supervision, have learned the provider's
protocols for at-home call handling, and understand and follow the TRS
mandatory minimum standards. A VRS provider must provide on-the-job
support equivalent to that provided to CAs working from call centers,
including team interpreting and readily available supervisors to
resolve problems that may arise during a relay call.
26. Requirements for at-home CA workstations remain substantially
the same as under the pilot program. They must be placed in a separate
location within the home, with restricted access and effective means to
minimize the impact of outside noise and prevent eavesdropping;
configured to enable the
[[Page 27312]]
CA to use all call-handling technology to the same extent as other CAs;
capable of supporting VRS in compliance with the Commission's mandatory
minimum standards; and connected to the provider's network over a
secure connection to ensure caller privacy.
27. As under the pilot program, VRS providers must appropriately
monitor and oversee the provision of at-home call handling. They must
approve each at-home CA workstation and its home environment before
activation; equip workstations with monitoring technology sufficient to
ensure that off-site supervision approximates the level of supervision
at the provider's call center; conduct random, unannounced inspections
of at least 5% of all at-home workstations annually; and keep all
records pertaining to at-home workstations for a minimum of five years.
28. As under the pilot program, for calls handled through at-home
workstations, VRS providers must submit to the TRS Fund administrator
in their monthly requests for compensation, in addition to the data
otherwise required to receive payment for handling calls: A unique
workstation ID, street address, and CA ID for each CA working at home;
and the location and call center IDs of call centers providing
supervision for at-home workstations, and the names of persons at such
call centers responsible for oversight of these workstations.
29. VRS providers that provide at-home call handling must submit
some but not all of the information previously required in
implementation reports. The amended rule requires the submission of the
total number of CAs handling VRS calls from home workstations over the
preceding year; the number of 911 calls handled by the provider's home
workstations; the total number of complaints, if any, submitted to the
provider regarding its at-home call handling program or calls handled
by at-home CAs; and a description of any substantive changes in the VRS
provider's currently effective at-home call-handling compliance plan.
Instead of being submitted every six months, as under the pilot
program, these reports must only be filed annually, as part of the
annual filings already required to demonstrate VRS providers' overall
compliance with the Commission's VRS rules.
Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
30. The rule amendments adopted by the Commission do not increase
VRS providers' compliance burden compared with the existing rules
applicable under the pilot at-home call-handling program. Providing at-
home call handling remains optional for any small entities certified to
provide VRS. Maintaining most of the existing safeguards as conditions
for permitting VRS providers to let CAs work at home will help prevent
waste, fraud, and abuse; assure that mandatory minimum standards are
met; and ensure the confidentiality, reliability, and quality of VRS.
The requirements apply equally to all VRS providers. 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.
31. To eliminate counterproductive effects and unnecessary
compliance burdens, the Commission relaxes or eliminates some of the
regulations applicable to VRS providers that choose to allow CAs to
work at home. Instead of requiring at-home CAs to have a minimum of
three years of VRS call center experience, as under the pilot program,
the Commission only requires three years of full-time professional sign
language interpreting, whether in community interpreting or VRS call
handling. This modification will allow VRS providers to hire
interpreters who have not previously been able to work in VRS. The
Commission also eliminates the specific requirements for VRS providers
to adopt written dismissal policies for at-home CAs and require such
CAs to sign written compliance certifications, as VRS providers have
sufficient incentives to ensure at-home CAs comply with the
Commission's rules without adopting paperwork rules on these matters.
Lastly, the Commission increases the limit on the percentage of minutes
that may be handled by at-home CAs from 30% to 50%, increasing the
flexibility of VRS providers, including small businesses, in hiring
CAs.
32. The Commission authorizes each currently certified VRS provider
to continue providing at-home call handling under the new rules,
without additional filings. Only new applicants for VRS certification
are required to include a request for authorization in their
applications, if they wish to employ at-home CAs. Incorporating at-home
call handling requirements into the recertification requirement
streamlines the application process and aligns with existing, more
general filing requirements. Similarly, the Commission eases the burden
imposed by required reports on at-home call-handling compliance by
reducing their frequency, eliminating most of the required information,
including the detailed cost and workstation-monitoring data required
under the pilot program, and consolidating the at-home call-handling
compliance report with the more comprehensive annual filing already
required to demonstrate a VRS provider's overall compliance with
Commission's VRS rules.
Ordering Clauses
33. Pursuant to sections 1, 2, and 225 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152, 225, document FCC 20-7 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.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 201, 202, 217, 218, 220, 222, 225,
226, 227, 228, 251(a), 251(e), 254(k), 262, 403(b)(2)(B), (c), 616,
620, 1401-1473, unless otherwise noted; sec. 503, Pub. L. 115-141,
132 Stat. 348.
0
2. Amend Sec. 64.601 by redesignating paragraphs (a)(5) through (16)
and (17) through (51) as paragraphs (a)(7) through (18) and (20)
through (54) and adding new paragraphs (a)(5), (6), and (19) and
paragraph (b) to read as follows:
Sec. 64.601 Definitions and provisions of general applicability.
(a) * * *
(5) At-home CA. A communications assistant (CA) that a video relay
service (VRS) provider authorizes to handle VRS calls at a home
workstation.
(6) At-home VRS call handling. The handling of VRS calls by a CA at
a home workstation.
* * * * *
(19) Home workstation or home CA workstation. A VRS CA's
workstation in the CA's home or in any location where two or more CAs
do not simultaneously handle VRS calls.
* * * * *
(b) For purposes of this subpart, all regulations and requirements
applicable
[[Page 27313]]
to common carriers shall also be applicable to providers of
interconnected VoIP service.
0
3. Amend Sec. 64.604 by revising paragraphs (b)(4)(iii), (b)(8), and
(c)(5)(iii)(D)(2)(ix) to read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(b) * * *
(4) * * *
(iii) A VRS provider shall not allow its CAs to handle VRS calls
from a home workstation unless so authorized by the Commission.
* * * * *
(8) At-home VRS call handling--(i) Limit on minutes handled. In any
calendar month, a VRS provider authorized by the Commission to employ
at-home CAs may be compensated for minutes handled from home
workstations up to a maximum of the greater of:
(A) Fifty percent (50%) of a VRS provider's total minutes for which
compensation is paid in that month; or
(B) Fifty percent (50%) of the provider's average projected monthly
conversation minutes for the calendar year, according to the
projections most recently filed with the TRS Fund administrator.
(ii) Personnel safeguards. A VRS provider shall:
(A) Allow a CA to work at home only if the CA is a qualified
interpreter with at least three years of professional interpreting
experience, has the experience, skills, and knowledge necessary to
effectively interpret VRS calls without in-person supervision, has
learned the provider's protocols for at-home call handling, and
understands and follows the TRS mandatory minimum standards set out in
this section; and
(B) Provide at-home CAs equivalent support to that provided to CAs
working from call centers, including, where appropriate, the
opportunity to team-interpret and consult with supervisors, and ensure
that supervisors are readily available to resolve problems that may
arise during a relay call.
(iii) Technical and environmental safeguards. A VRS provider shall
ensure that each home workstation enables the provision of confidential
and uninterrupted service to the same extent as the provider's call
centers and is seamlessly integrated into the provider's call routing,
distribution, tracking, and support systems. Each home workstation
shall:
(A) Reside in a separate, secure workspace where access during
working hours is restricted solely to the CA;
(B) Allow a CA to use all call-handling technology to the same
extent as call-center CAs;
(C) Be capable of supporting VRS in compliance with the applicable
mandatory minimum standards set out in this section to the same degree
as at call centers;
(D) Be equipped with an effective means to prevent eavesdropping
and outside interruptions; and
(E) Be connected to the provider's network over a secure connection
to ensure caller privacy.
(iv) Monitoring and oversight obligations. A VRS provider shall:
(A) Inspect each home workstation and its home environment to
confirm their compliance with paragraph (b)(8)(iii) of this section
before activating the workstation for use;
(B) Assign a unique workstation identification number to each VRS
home workstation;
(C) Equip each home workstation with monitoring technology
sufficient to ensure that off-site supervision approximates the level
of supervision at the provider's call center and regularly analyze the
records and data produced by such monitoring to proactively address
possible waste, fraud, and abuse;
(D) Keep all records pertaining to home workstations, except
records of the content of interpreted conversations, for a minimum of
five years; and
(E) Conduct random and unannounced inspections of at least five
percent (5%) of all home workstations, including their home
environments, in each 12-month period.
(v) Commission audits and inspections. Home workstations and
workstation records shall be subject to review, audit, and inspection
by the Commission and the TRS Fund administrator and unannounced on-
site inspections by the Commission to the same extent as call centers
and call center records subject to the rules in this chapter.
(vi) Monthly reports. With its monthly requests for compensation, a
VRS provider employing at-home CAs shall report the following
information to the TRS Fund administrator for each home workstation:
(A) The home workstation identification number and full street
address (number, street, city, state, and zip code);
(B) The CA identification number of each individual handling VRS
calls from that home workstation; and
(C) The call center identification number, street address, and name
of supervisor of the call center responsible for oversight of that
workstation.
(c) * * *
(5) * * *
(iii) * * *
(D) * * *
(2) * * *
(ix) The call center (by assigned center ID number) or home
workstation (by assigned home workstation identification number) that
handled the call; and
* * * * *
0
4. Amend Sec. 64.606 by adding paragraphs (a)(4) and (g)(5) to read as
follows:
Sec. 64.606 Internet-based TRS provider and TRS program
certification.
(a) * * *
(4) At-home VRS call handling. An applicant for initial VRS
certification that desires to provide at-home VRS call handling shall
include a detailed plan describing how the VRS provider will ensure
compliance with the requirements of Sec. 64.604(b)(8).
* * * * *
(g) * * *
(5) If a VRS provider is authorized to provide at-home call
handling, its annual compliance report shall include the following
information:
(i) The total number of CAs handling VRS calls from home
workstations over the preceding year;
(ii) The number of 911 calls handled by the provider's home
workstations;
(iii) The total number of complaints, if any, submitted to the
provider regarding its at-home call handling program or calls handled
by at-home CAs; and
(iv) A description of any substantive changes in the VRS provider's
currently effective at-home call-handling compliance plan.
* * * * *
[FR Doc. 2020-08097 Filed 5-7-20; 8:45 am]
BILLING CODE 6712-01-P
