Improving Video Relay Service and Direct Video Calling; Implementing Kari's Law and Section 506 of RAY BAUM'S Act; Inquiry Concerning 911 Access, Routing and Location in Enterprise Communications Systems; Amending the Definition of Interconnected VoIP Service; Video Relay Service Call Handling, 67447-67450 [2020-21316]

Download as PDF Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations Administrative Procedure Act—5 U.S.C. 553 This rule is a rule of agency organization and relates to a matter relating to agency management and is therefore exempt from the requirements of prior notice and comment and a 30day delay in the effective date. See 5 U.S.C. 553(a)(2), 553(b)(3)(A), 553(d). Regulatory Flexibility Act The Attorney General, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities because it pertains to personnel and administrative matters affecting the Department. Further, a Regulatory Flexibility Analysis is not required to be prepared for this final rule because the Department was not required to publish a general notice of proposed rulemaking for this matter. 5 U.S.C. 604(a). Executive Orders 12866, 13563, and 13771—Regulatory Review This action has been drafted and reviewed in accordance with section 1(b) of Executive Order 12866, ‘‘Regulatory Planning and Review,’’ and section 1(b) of Executive Order 13563, ‘‘Improving Regulation and Regulatory Review.’’ This rule is limited to agency organization, management, and personnel as described in section 3(d)(3) of Executive Order 12866 and, therefore, is not a ‘‘regulation’’ or ‘‘rule’’ as defined by the order. Accordingly, this action has not been reviewed by the Office of Management and Budget. This rule is not subject to the requirements of Executive Order 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ because it is not a significant regulatory action under Executive Order 12866, and because it is ‘‘related to agency organization, management, or personal’’ and thus not a ‘‘rule’’ under section 4(b) of Executive Order 13771. khammond on DSKJM1Z7X2PROD with RULES Executive Order 13132—Federalism This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. VerDate Sep<11>2014 16:19 Oct 22, 2020 Jkt 253001 Executive Order 12988—Civil Justice Reform This rule was drafted in accordance with the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. Unfunded Mandates Reform Act of 1955 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector of $100,000,000 or more in any one year (adjusted annually for inflation), and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties and, accordingly, is not a ‘‘rule’’ as that term is used by the Congressional Review Act, 5 U.S.C. 804(3)(B), (C). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. List of Subjects in 28 CFR Part 0 International Agreements, Treaties. Accordingly, by virtue of the authority vested in me as Attorney General, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, part 0 of title 28 of the Code of Federal Regulations is amended as follows: PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1. The authority citation for part 0 continues to read as follows: ■ Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515–519. 2. Section 0.64–6 is added to subpart K to read as follows: ■ § 0.64–6 Designated Authority under executive agreements on access to data by foreign governments. The Assistant Attorney General in charge of the Criminal Division shall have the authority and perform the functions of the ‘‘Designated Authority’’ (or like designation) under executive agreements between the United States of America and other countries regarding access to data by foreign governments, negotiated pursuant to the authority in 18 U.S.C. 2523. This delegation applies to executive agreements that either designate the Attorney General or the Department of Justice as the Designated Authority or authorize the Attorney PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 67447 General to designate a Designated Authority, and for which the Attorney General has designated the Criminal Division as such authority. The Assistant Attorney General in charge of the Criminal Division is authorized to delegate this authority to the Deputy Assistant Attorneys General in the Criminal Division, and to the Director, the Deputy Directors and Associate Directors of the Office of International Affairs. Dated: October 19, 2020. William P. Barr, Attorney General. [FR Doc. 2020–23561 Filed 10–20–20; 4:15 pm] BILLING CODE 4410–14–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 9 and 64 [CG Docket Nos. 03–123 and 10–51; PS Docket Nos. 18–261 and 17–239; GN Docket No. 11–117; FCC 19–39, FCC 19–76 and FCC 20–7; FRS 17091] Improving Video Relay Service and Direct Video Calling; Implementing Kari’s Law and Section 506 of RAY BAUM’S Act; Inquiry Concerning 911 Access, Routing and Location in Enterprise Communications Systems; Amending the Definition of Interconnected VoIP Service; Video Relay Service Call Handling Federal Communications Commission. ACTION: Final rule; announcement of effective and compliance dates. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with rules adopted in the Commission’s documents Structure and Practices of the Video Relay Service Program, et. al, Report and Orders, FCC 19–39 and FCC 20–7; and Implementing Kari’s Law and Section 506 of RAY BAUM’S Act, et. al, Report and Order, FCC 19–76, (Orders) and that the associated new or modified rules are now required. This document is consistent with the Orders, which stated that the Commission would publish a document in the Federal Register announcing the effective and compliance dates of those rules. DATES: Effective date: The rule is effective October 23, 2020. The amendments to §§ 64.611, 64.613, and 64.615, published at 84 FR 26364, June 6, 2019, and §§ 64.604 and 64.606, published at SUMMARY: E:\FR\FM\23OCR1.SGM 23OCR1 67448 Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations 85 FR 27309, May 8, 2020, are effective October 23, 2020. Compliance date: Compliance with §§ 9.14(d)(2)(ii)–(iii), 9.14(d)(2)(v), 9.14(d)(4), 9.14(e)(2)(ii), 9.14(e)(2)(iv), and 9.14(e)(4), published at 84 FR 66716, December 5, 2019, is required as of January 6, 2021, for fixed services, and January 6, 2022, for non-fixed services. FOR FURTHER INFORMATION CONTACT: Michael Scott, Disability Rights Office, Consumer and Governmental Affairs Bureau, at (202) 418–1264, or email: Michael.Scott@fcc.gov; or Thomas Eng, Electronics Engineer, Policy and Licensing Division, Public Safety and Homeland Security Bureau, at (202) 418–0019, or email: Thomas.Eng@ fcc.gov. This document announces that, on August 31, 2020, OMB approved, for a period of three years, the information collection requirements contained in the Commission’s Orders, FCC 19–39, published at 84 FR 26364, June 6, 2019; FCC 19–76, published at 84 FR 66716, December 5, 2019; and FCC 20–7, published at 85 FR 27309, May 8, 2020. The OMB Control Number is 3060– 1089. The Commission publishes this notice as an announcement of the effective and compliance dates of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1–C823, 445 12th Street SW, Washington, DC 20554. Please include the OMB Control Number, 3060–1089, in your correspondence. The Commission will also accept your comments via the internet if you send them to PRA@ fcc.gov. 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). This document also removes § 9.14(f) of the Commission’s rules, which advised that compliance with §§ 9.14(d)(2)(ii)–(iii), 9.14(d)(2)(v), 9.14(d)(4), 9.14(e)(2)(ii), 9.14(e)(2)(iv), and 9.14(e)(4), respectively, was not required until OMB approval of the information collection and recordkeeping requirements was obtained. khammond on DSKJM1Z7X2PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:19 Oct 22, 2020 Jkt 253001 Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on August 31, 2020, for the information collection requirements contained in the Commission’s rules at §§ 9.14(d)(2)(ii)– (iii), 9.14(d)(2)(v), 9.14(d)(4), 9.14(e)(2)(ii), 9.14(e)(2)(iv), 9.14(e)(4), 64.604, 64.606, 64.611, 64.613, and 64.615. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060–1089. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–1089. OMB Approval Date: August 31, 2020. OMB Expiration Date: August 31, 2023. Title: Structure and Practices of the Video Relay Service Program; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket Nos. 10–51 & 03–123. Form Number: N/A. Type of Review: Revision of a currently approved collection. Respondents: Business or other forprofit entities; Individuals or households; Not-for-profit institutions; State, Local or Tribal Government. Number of Respondents and Responses: 202,021 respondents; 1,846,406 responses. Estimated Time per Response: .05 hours (3 minutes) to 300 hours. Frequency of Response: Annual, monthly, on occasion, on-going, onetime, and quarterly reporting requirements; Recordkeeping requirement; and Third-Party Disclosure requirements. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for the collection is contained in section 225 of the Communications Act, 47 U.S.C. 225. The law was enacted on July 26, 1990, as Title IV of the Americans with Disabilities Act of 1990 (ADA), Public Law 101–336, 104 Stat. 327, 366–69, and amended by the PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Twenty-First Century Communications and Video Accessibility Act of 2010, Public Law 111–260, §103(a), 124 Stat. 2751, 2755 (2010) (CVAA); Public Law 111–265 (technical amendments to CVAA). Total Annual Burden: 329,582 hours. Total Annual Cost: $261,000. Nature and Extent of Confidentiality: Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC’s updated system of records notice (SORN), FCC/CGB–4, ‘‘Internet-based Telecommunications Relay Service-User Registration Database (ITRS–URD).’’ As required by the Privacy Act, 5 U.S.C. 552a, the Commission also published a SORN, FCC/CGB–4 ‘‘Internet-based Telecommunications Relay Service-User Registration Database (ITRS–URD),’’ in the Federal Register on February 9, 2015 (80 FR 6963) which became effective on March 23, 2015. Privacy Impact Assessment: This information collection affects individuals or households. As required by the Office of Management and Budget Memorandum M–03–22 (September 26, 2003), the FCC is in the process of completing the Privacy Impact Assessment. Needs and Uses: The telecommunications relay service (TRS) program enables access to the nation’s telephone network by persons with hearing and speech disabilities. In 1991, as required by the Americans with Disabilities Act and codified at 47 U.S.C. 225, the Commission adopted rules governing the TRS program and procedures for each state TRS program to apply for initial Commission certification and renewal of Commission certification of each state program. Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Report and Order and Request for Comments, document FCC 91–213, published at 56 FR 36729, August 1, 1991 (1991 TRS Implementation Order). Between 2008 and 2011, to integrate internet-based TRS into the North American Numbering plan and facilitate interoperability, universal calling, and 911 emergency services, the Commission adopted rules in three separate orders related to the telephone numbering system and enhanced 911 (E911) services for users of two forms of internet-based TRS: Video Relay Service (VRS) and Internet Protocol Relay service (IP Relay). See document FCC 08–151, Report and Order and Further Notice of Proposed Rulemaking, published at 73 FR 41286, July 18, 2008 E:\FR\FM\23OCR1.SGM 23OCR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations (First Numbering Order); document FCC 08–275, Second Report and Order and Order on Reconsideration, published at 73 FR 79683, December 30, 2008 (Second Numbering Order); and document FCC 11–123, Report and Order, published at 76 FR 59551, September 27, 2011 (iTRS Toll Free Order). The rules adopted in these three orders have information collection requirements that include requiring VRS and IP Relay providers to: Register each user who selects the provider as his or her default provider, including obtaining a self-certification from each user; verify the accuracy of each user’s information; provision and maintain their registered users’ routing information to the TRS Numbering Directory; place their users’ Registered Location and certain callback information in Automatic Location Information (ALI) databases across the country and provide a means for their users to update their Registered Locations; include advisories on their websites and in any promotional materials addressing numbering and E911 services for VRS or IP Relay; verify in the TRS Numbering Directory whether each dial-around user is registered with another provider; and if they provide equipment to a consumer, make available to other VRS providers enough information about that equipment to enable another VRS provider selected as the consumer’s default provider to perform all of the functions of a default provider. On July 28, 2011, the Commission released Structure and Practices of the Video Relay Service Program, document FCC 11–118, published at 76 FR 47469, August 5, 2011, and at 76 FR 47476, August 5, 2011 (VRS Certification Order), adopting final and interim rules—designed to help prevent waste, fraud, and abuse, and ensure quality service, in the provision of internetbased forms of Telecommunications Relay Services (iTRS). On October 17, 2011, the Commission released Structure and Practices of the Video Relay Service Program, Memorandum Opinion and Order, Order, and Further Notice of Proposed Rulemaking, document FCC 11–155, published at 76 FR 67070, October 31, 2011 (VRS Certification Reconsideration Order), modifying two aspects of information collection requirements contained in the VRS Certification Order. On June 10, 2013, the Commission made permanent the interim rule adopted in the VRS Certification Order. Structure and Practices of the Video Relay Service Program; Telecommunications Relay Services and Speech-to-Speech Services VerDate Sep<11>2014 16:19 Oct 22, 2020 Jkt 253001 for Individuals with Hearing and Speech Disabilities, Report and Order and Further Notice of Proposed Rulemaking, document FCC 13–82, published at 78 FR 40582, July 5, 2013 (2013 VRS Reform Order). The VRS Certification Order as modified by the VRS Certification Reconsideration and, as applicable, made permanent by the 2013 VRS Reform Order, amended the Commission’s process for certifying internet-based TRS (iTRS) providers as eligible for payment from the Interstate TRS Fund (Fund) for their provision of iTRS to ensure that iTRS providers receiving certification are qualified to provide iTRS in compliance with the Commission’s rules and to eliminate waste, fraud and abuse through improved oversight of such providers. They contain information collection requirements including: Submission of detailed information in an application for certification that shows the applicant’s ability to comply with the Commission’s rules; submission of annual reports that include updates to the provider’s information on file with the Commission or a certification that there are no changes to the information; requirements for a senior executive of an applicant for iTRS certification or an iTRS provider, when submitting an annual compliance report, to certify under penalty of perjury that all information required under the Commission’s rules and orders has been provided and all statements of fact, as well as all documentation contained in the submission, are true, accurate, and complete; requirements for VRS providers to obtain prior authorization from the Commission for planned interruptions of service, to report to the Commission unforeseen interruptions of service, and to provide notification of temporary service outages, including updates, to consumers on their websites; and requirements for iTRS providers that will no longer be providing service to give their customers at least 30-days notice. In the 2013 VRS Reform Order, the Commission also adopted further measures to improve the structure, efficiency, and quality of the video relay service (VRS) program, reducing the noted inefficiencies in the program, as well as reducing the risk of waste, fraud, and abuse, and ensuring that the program makes full use of advances in commercially-available technology. The Commission required reporting of unauthorized and unnecessary use of VRS; established a central telecommunications relay services (TRS) user registration database (TRS– URD) for VRS, which incorporates a PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 67449 centralized eligibility verification requirement to ensure accurate registration and verification of users, as well as per-call validation, to achieve more effective prevention of waste, fraud, and abuse; established procedures to prevent unauthorized changes of a user’s default TRS provider; and established procedures to protect TRS users’ customer proprietary network information (CPNI) from disclosure. On March 23, 2017, the Commission released Structure and Practices of the Video Relay Services Program et al., FCC 17–26, published at 82 FR 17754, April 13, 2017, (2017 VRS Improvements Order), which among other things, allows VRS providers to assign TRS Numbering Directory 10digit telephone numbers to hearing individuals for the limited purpose of making point-to-point video calls, and gives VRS providers the option to participate in an at-home call handling pilot program, subject to certain limitations, as well as recordkeeping and reporting requirements. On May 15, 2019, the Commission released Structure and Practices of the Video Relay Service Program; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, FCC 19–39, published at 84 FR 26364, June 6, 2019 (2019 VRS Program Management Order). The Commission further improved the structure, efficiency, and quality of the VRS program, reduced the risk of waste, fraud, and abuse, and ensured that the program makes full use of advances in commercially-available technology. These improvements include information collection requirements, including: The establishment of procedures to register enterprise and public videophones to the TRS–URD; and permitting Qualified Direct Video Calling (DVC) Entities to access the TRS Numbering Directory and establishing an application procedure to authorize such access, including rules governing DVC entities and entry of information in the TRS Numbering Directory and the TRS–URD. On August 2, 2019, the Commission released Implementing Kari’s Law and Section 506 of RAY BAUM’S Act; Inquiry Concerning 911 Access, Routing, and Location in Enterprise Communications Systems; Amending the Definition of Interconnected VoIP Service in Section 9.3 of the Commission’s Rules, FCC 19–76, published at 84 FR 66716, December 5, 2019 (MLTS 911 and Dispatchable Location Order). The Commission amended its rules to ensure that the E:\FR\FM\23OCR1.SGM 23OCR1 khammond on DSKJM1Z7X2PROD with RULES 67450 Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations dispatchable location is conveyed to a Public Safety Answering Point (PSAP) with a 911 call, regardless of the technological platform used. Based on the directive in section 506 of RAY BAUM’S Act, the Commission adopted dispatchable location requirements that in effect modified the existing information collection requirements applicable to VRS, IP Relay, and covered IP CTS by improving the options for providing accurate location information to PSAPs as part of 911 calls. Fixed internet-based TRS devices must provide automated dispatchable location. For non-fixed devices, when dispatchable location is not technically feasible, internet-based TRS providers may fall back to Registered Location or provide alternative location information. As a last resort, internetbased providers may route calls to Emergency Relay Calling Centers after making a good faith effort to obtain location data from all available alternative location sources. Dispatchable location means a location delivered to the PSAP with a 911 call that consists of the validated street address of the calling party, plus additional information such as suite, apartment or similar information necessary to adequately identify the location of the calling party. Automated dispatchable location means automatic generation of dispatchable location. Alternative location information is location information (which may be coordinate-based) sufficient to identify the caller’s civic address and approximate in-building location, including floor level, in large buildings. On January 31, 2020, the Commission released Structure and Practices of the Video Relay Service Program; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, FCC 20–7, published at 85 FR 27309, May 8, 2020 (VRS At-Home Call Handling Order). The Commission amended its rules to convert the VRS athome call handling pilot program into a permanent one, thereby allowing CAs to work from home. To ensure user privacy and call confidentiality and to help prevent waste, fraud, and abuse, the modified information collections include requirements for VRS providers to apply for certification to allow their communications assistants to handle calls while working at home; monitoring and oversight requirements; and reporting requirements. VerDate Sep<11>2014 16:19 Oct 22, 2020 Jkt 253001 List of Subjects 47 CFR Part 9 Communications; Communications common carriers, Communications equipment, Reporting and recordkeeping requirements, Satellites, Security measures, Telecommunications, Telephone. 47 CFR Part 64 Individuals with disabilities, Telecommunications, Telecommunications relay services. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 9 as follows: PART 9—911 REQUIREMENTS 1. The authority citation for part 9 continues to read as follows: ■ Authority: 47 U.S.C. 151–154, 152(a), 155(c), 157, 160, 201, 202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301, 302, 303, 307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615 note, 615a, 615b, 615c, 615a– 1, 616, 620, 621, 623, 623 note, 721, and 1471, unless otherwise noted. § 9.14 [Amended] 2. Amend § 9.14 by removing paragraph (f). ■ [FR Doc. 2020–21316 Filed 10–22–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [WC Docket No. 12–375, FCC 20–111; FRS 17047] Rates for Interstate Inmate Calling Services Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Commission continues to comprehensively reform inmate calling services rates and charges to ensure just and reasonable rates for interstate and international inmate calling services. In response to a directive from the United States Court of Appeals for the District of Columbia Circuit, the Commission determined that, except in limited circumstances, it is impractical to separate out the intrastate and intrastate components of ancillary service charges imposed in connection with inmate SUMMARY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 calling services. For the limited circumstances in which the components may be distinguished, inmate service providers are subject to the Commission’s ancillary service charge rules, which constrain providers to only five specific types of ancillary service charges and related fee caps. The Commission also reinstated its rule prohibiting providers from marking up mandatory taxes or fees and adopted rule changes in response to the D.C. Circuit that clarify that the Commission’s inmate calling service rate and fee cap rules apply only to interstate and international inmate calling services. DATES: The rules adopted in this document take effect on November 23, 2020. ADDRESSES: Federal Communications Commission, 445 12th Street SW, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Amy Goodman, Pricing Policy Division of the Wireline Competition Bureau, at (202) 418–1549 or via email at Amy.Goodman@fcc.gov. SUPPLEMENTARY INFORMATION: This is a final rule summary of the Commission’s Report and Order, released August X, 2020. A full-text version of this document can be obtained from the following internet address: https:// docs.fcc.gov/public/attachments/FCC20-111A1.pdf. Synopsis I. Introduction 1. The Communications Act divides jurisdiction for regulating communications services, including inmate calling services, between the Commission and the states. Specifically, the Act empowers the Commission to regulate interstate communications services and preserves for the states jurisdiction over intrastate communications services. Because the Commission has not always respected this division, the U.S. Court of Appeals for the District of Columbia Circuit has twice remanded the agency’s efforts to address rates and charges for inmate calling services. 2. Today, the Commission responds to the court’s remands and takes action to comprehensively reform inmate calling services rates and charges. First, the Commission addresses the D.C. Circuit’s directive that it consider whether ancillary service charges—separate fees that are not included in the per-minute rates assessed for individual inmate calling services calls—can be segregated into interstate and intrastate components for the purpose of excluding the intrastate components E:\FR\FM\23OCR1.SGM 23OCR1

Agencies

[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Pages 67447-67450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21316]


=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 9 and 64

[CG Docket Nos. 03-123 and 10-51; PS Docket Nos. 18-261 and 17-239; GN 
Docket No. 11-117; FCC 19-39, FCC 19-76 and FCC 20-7; FRS 17091]


Improving Video Relay Service and Direct Video Calling; 
Implementing Kari's Law and Section 506 of RAY BAUM'S Act; Inquiry 
Concerning 911 Access, Routing and Location in Enterprise 
Communications Systems; Amending the Definition of Interconnected VoIP 
Service; Video Relay Service Call Handling

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective and compliance dates.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with rules adopted in the 
Commission's documents Structure and Practices of the Video Relay 
Service Program, et. al, Report and Orders, FCC 19-39 and FCC 20-7; and 
Implementing Kari's Law and Section 506 of RAY BAUM'S Act, et. al, 
Report and Order, FCC 19-76, (Orders) and that the associated new or 
modified rules are now required. This document is consistent with the 
Orders, which stated that the Commission would publish a document in 
the Federal Register announcing the effective and compliance dates of 
those rules.

DATES: 
    Effective date: The rule is effective October 23, 2020. The 
amendments to Sec. Sec.  64.611, 64.613, and 64.615, published at 84 FR 
26364, June 6, 2019, and Sec. Sec.  64.604 and 64.606, published at

[[Page 67448]]

85 FR 27309, May 8, 2020, are effective October 23, 2020.
    Compliance date: Compliance with Sec. Sec.  9.14(d)(2)(ii)-(iii), 
9.14(d)(2)(v), 9.14(d)(4), 9.14(e)(2)(ii), 9.14(e)(2)(iv), and 
9.14(e)(4), published at 84 FR 66716, December 5, 2019, is required as 
of January 6, 2021, for fixed services, and January 6, 2022, for non-
fixed services.

FOR FURTHER INFORMATION CONTACT: Michael Scott, Disability Rights 
Office, Consumer and Governmental Affairs Bureau, at (202) 418-1264, or 
email: [email protected]; or Thomas Eng, Electronics Engineer, 
Policy and Licensing Division, Public Safety and Homeland Security 
Bureau, at (202) 418-0019, or email: [email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on August 31, 
2020, OMB approved, for a period of three years, the information 
collection requirements contained in the Commission's Orders, FCC 19-
39, published at 84 FR 26364, June 6, 2019; FCC 19-76, published at 84 
FR 66716, December 5, 2019; and FCC 20-7, published at 85 FR 27309, May 
8, 2020. The OMB Control Number is 3060-1089. The Commission publishes 
this notice as an announcement of the effective and compliance dates of 
the rules. If you have any comments on the burden estimates listed 
below, or how the Commission can improve the collections and reduce any 
burdens caused thereby, please contact Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street SW, Washington, 
DC 20554. Please include the OMB Control Number, 3060-1089, in your 
correspondence. The Commission will also accept your comments via the 
internet if you send them to [email protected].
    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).
    This document also removes Sec.  9.14(f) of the Commission's rules, 
which advised that compliance with Sec. Sec.  9.14(d)(2)(ii)-(iii), 
9.14(d)(2)(v), 9.14(d)(4), 9.14(e)(2)(ii), 9.14(e)(2)(iv), and 
9.14(e)(4), respectively, was not required until OMB approval of the 
information collection and recordkeeping requirements was obtained.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
August 31, 2020, for the information collection requirements contained 
in the Commission's rules at Sec. Sec.  9.14(d)(2)(ii)-(iii), 
9.14(d)(2)(v), 9.14(d)(4), 9.14(e)(2)(ii), 9.14(e)(2)(iv), 9.14(e)(4), 
64.604, 64.606, 64.611, 64.613, and 64.615.
    Under 5 CFR 1320, an agency may not conduct or sponsor a collection 
of information unless it displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-1089.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1089.
    OMB Approval Date: August 31, 2020.
    OMB Expiration Date: August 31, 2023.
    Title: Structure and Practices of the Video Relay Service Program; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, CG Docket Nos. 10-51 
& 03-123.
    Form Number: N/A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Individuals or 
households; Not-for-profit institutions; State, Local or Tribal 
Government.
    Number of Respondents and Responses: 202,021 respondents; 1,846,406 
responses.
    Estimated Time per Response: .05 hours (3 minutes) to 300 hours.
    Frequency of Response: Annual, monthly, on occasion, on-going, one-
time, and quarterly reporting requirements; Recordkeeping requirement; 
and Third-Party Disclosure requirements.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for the collection is contained in section 225 of 
the Communications Act, 47 U.S.C. 225. The law was enacted on July 26, 
1990, as Title IV of the Americans with Disabilities Act of 1990 (ADA), 
Public Law 101-336, 104 Stat. 327, 366-69, and amended by the Twenty-
First Century Communications and Video Accessibility Act of 2010, 
Public Law 111-260, Sec. 103(a), 124 Stat. 2751, 2755 (2010) (CVAA); 
Public Law 111-265 (technical amendments to CVAA).
    Total Annual Burden: 329,582 hours.
    Total Annual Cost: $261,000.
    Nature and Extent of Confidentiality: Confidentiality is an issue 
to the extent that individuals and households provide personally 
identifiable information, which is covered under the FCC's updated 
system of records notice (SORN), FCC/CGB-4, ``Internet-based 
Telecommunications Relay Service-User Registration Database (ITRS-
URD).'' As required by the Privacy Act, 5 U.S.C. 552a, the Commission 
also published a SORN, FCC/CGB-4 ``Internet-based Telecommunications 
Relay Service-User Registration Database (ITRS-URD),'' in the Federal 
Register on February 9, 2015 (80 FR 6963) which became effective on 
March 23, 2015.
    Privacy Impact Assessment: This information collection affects 
individuals or households. As required by the Office of Management and 
Budget Memorandum M-03-22 (September 26, 2003), the FCC is in the 
process of completing the Privacy Impact Assessment.
    Needs and Uses: The telecommunications relay service (TRS) program 
enables access to the nation's telephone network by persons with 
hearing and speech disabilities. In 1991, as required by the Americans 
with Disabilities Act and codified at 47 U.S.C. 225, the Commission 
adopted rules governing the TRS program and procedures for each state 
TRS program to apply for initial Commission certification and renewal 
of Commission certification of each state program. Telecommunications 
Services for Individuals with Hearing and Speech Disabilities, and the 
Americans with Disabilities Act of 1990, Report and Order and Request 
for Comments, document FCC 91-213, published at 56 FR 36729, August 1, 
1991 (1991 TRS Implementation Order).
    Between 2008 and 2011, to integrate internet-based TRS into the 
North American Numbering plan and facilitate interoperability, 
universal calling, and 911 emergency services, the Commission adopted 
rules in three separate orders related to the telephone numbering 
system and enhanced 911 (E911) services for users of two forms of 
internet-based TRS: Video Relay Service (VRS) and Internet Protocol 
Relay service (IP Relay). See document FCC 08-151, Report and Order and 
Further Notice of Proposed Rulemaking, published at 73 FR 41286, July 
18, 2008

[[Page 67449]]

(First Numbering Order); document FCC 08-275, Second Report and Order 
and Order on Reconsideration, published at 73 FR 79683, December 30, 
2008 (Second Numbering Order); and document FCC 11-123, Report and 
Order, published at 76 FR 59551, September 27, 2011 (iTRS Toll Free 
Order).
    The rules adopted in these three orders have information collection 
requirements that include requiring VRS and IP Relay providers to: 
Register each user who selects the provider as his or her default 
provider, including obtaining a self-certification from each user; 
verify the accuracy of each user's information; provision and maintain 
their registered users' routing information to the TRS Numbering 
Directory; place their users' Registered Location and certain callback 
information in Automatic Location Information (ALI) databases across 
the country and provide a means for their users to update their 
Registered Locations; include advisories on their websites and in any 
promotional materials addressing numbering and E911 services for VRS or 
IP Relay; verify in the TRS Numbering Directory whether each dial-
around user is registered with another provider; and if they provide 
equipment to a consumer, make available to other VRS providers enough 
information about that equipment to enable another VRS provider 
selected as the consumer's default provider to perform all of the 
functions of a default provider.
    On July 28, 2011, the Commission released Structure and Practices 
of the Video Relay Service Program, document FCC 11-118, published at 
76 FR 47469, August 5, 2011, and at 76 FR 47476, August 5, 2011 (VRS 
Certification Order), adopting final and interim rules--designed to 
help prevent waste, fraud, and abuse, and ensure quality service, in 
the provision of internet-based forms of Telecommunications Relay 
Services (iTRS). On October 17, 2011, the Commission released Structure 
and Practices of the Video Relay Service Program, Memorandum Opinion 
and Order, Order, and Further Notice of Proposed Rulemaking, document 
FCC 11-155, published at 76 FR 67070, October 31, 2011 (VRS 
Certification Reconsideration Order), modifying two aspects of 
information collection requirements contained in the VRS Certification 
Order. On June 10, 2013, the Commission made permanent the interim rule 
adopted in the VRS Certification Order. Structure and Practices of the 
Video Relay Service Program; Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, Report and Order and Further Notice of Proposed 
Rulemaking, document FCC 13-82, published at 78 FR 40582, July 5, 2013 
(2013 VRS Reform Order).
    The VRS Certification Order as modified by the VRS Certification 
Reconsideration and, as applicable, made permanent by the 2013 VRS 
Reform Order, amended the Commission's process for certifying internet-
based TRS (iTRS) providers as eligible for payment from the Interstate 
TRS Fund (Fund) for their provision of iTRS to ensure that iTRS 
providers receiving certification are qualified to provide iTRS in 
compliance with the Commission's rules and to eliminate waste, fraud 
and abuse through improved oversight of such providers. They contain 
information collection requirements including: Submission of detailed 
information in an application for certification that shows the 
applicant's ability to comply with the Commission's rules; submission 
of annual reports that include updates to the provider's information on 
file with the Commission or a certification that there are no changes 
to the information; requirements for a senior executive of an applicant 
for iTRS certification or an iTRS provider, when submitting an annual 
compliance report, to certify under penalty of perjury that all 
information required under the Commission's rules and orders has been 
provided and all statements of fact, as well as all documentation 
contained in the submission, are true, accurate, and complete; 
requirements for VRS providers to obtain prior authorization from the 
Commission for planned interruptions of service, to report to the 
Commission unforeseen interruptions of service, and to provide 
notification of temporary service outages, including updates, to 
consumers on their websites; and requirements for iTRS providers that 
will no longer be providing service to give their customers at least 
30-days notice.
    In the 2013 VRS Reform Order, the Commission also adopted further 
measures to improve the structure, efficiency, and quality of the video 
relay service (VRS) program, reducing the noted inefficiencies in the 
program, as well as reducing the risk of waste, fraud, and abuse, and 
ensuring that the program makes full use of advances in commercially-
available technology. The Commission required reporting of unauthorized 
and unnecessary use of VRS; established a central telecommunications 
relay services (TRS) user registration database (TRS-URD) for VRS, 
which incorporates a centralized eligibility verification requirement 
to ensure accurate registration and verification of users, as well as 
per-call validation, to achieve more effective prevention of waste, 
fraud, and abuse; established procedures to prevent unauthorized 
changes of a user's default TRS provider; and established procedures to 
protect TRS users' customer proprietary network information (CPNI) from 
disclosure.
    On March 23, 2017, the Commission released Structure and Practices 
of the Video Relay Services Program et al., FCC 17-26, published at 82 
FR 17754, April 13, 2017, (2017 VRS Improvements Order), which among 
other things, allows VRS providers to assign TRS Numbering Directory 
10-digit telephone numbers to hearing individuals for the limited 
purpose of making point-to-point video calls, and gives VRS providers 
the option to participate in an at-home call handling pilot program, 
subject to certain limitations, as well as recordkeeping and reporting 
requirements.
    On May 15, 2019, the Commission released Structure and Practices of 
the Video Relay Service Program; Telecommunications Relay Services and 
Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, FCC 19-39, published at 84 FR 26364, June 6, 2019 (2019 
VRS Program Management Order). The Commission further improved the 
structure, efficiency, and quality of the VRS program, reduced the risk 
of waste, fraud, and abuse, and ensured that the program makes full use 
of advances in commercially-available technology. These improvements 
include information collection requirements, including: The 
establishment of procedures to register enterprise and public 
videophones to the TRS-URD; and permitting Qualified Direct Video 
Calling (DVC) Entities to access the TRS Numbering Directory and 
establishing an application procedure to authorize such access, 
including rules governing DVC entities and entry of information in the 
TRS Numbering Directory and the TRS-URD.
    On August 2, 2019, the Commission released Implementing Kari's Law 
and Section 506 of RAY BAUM'S Act; Inquiry Concerning 911 Access, 
Routing, and Location in Enterprise Communications Systems; Amending 
the Definition of Interconnected VoIP Service in Section 9.3 of the 
Commission's Rules, FCC 19-76, published at 84 FR 66716, December 5, 
2019 (MLTS 911 and Dispatchable Location Order). The Commission amended 
its rules to ensure that the

[[Page 67450]]

dispatchable location is conveyed to a Public Safety Answering Point 
(PSAP) with a 911 call, regardless of the technological platform used. 
Based on the directive in section 506 of RAY BAUM'S Act, the Commission 
adopted dispatchable location requirements that in effect modified the 
existing information collection requirements applicable to VRS, IP 
Relay, and covered IP CTS by improving the options for providing 
accurate location information to PSAPs as part of 911 calls.
    Fixed internet-based TRS devices must provide automated 
dispatchable location. For non-fixed devices, when dispatchable 
location is not technically feasible, internet-based TRS providers may 
fall back to Registered Location or provide alternative location 
information. As a last resort, internet-based providers may route calls 
to Emergency Relay Calling Centers after making a good faith effort to 
obtain location data from all available alternative location sources. 
Dispatchable location means a location delivered to the PSAP with a 911 
call that consists of the validated street address of the calling 
party, plus additional information such as suite, apartment or similar 
information necessary to adequately identify the location of the 
calling party. Automated dispatchable location means automatic 
generation of dispatchable location. Alternative location information 
is location information (which may be coordinate-based) sufficient to 
identify the caller's civic address and approximate in-building 
location, including floor level, in large buildings.
    On January 31, 2020, the Commission released Structure and 
Practices of the Video Relay Service Program; Telecommunications Relay 
Services and Speech-to-Speech Services for Individuals with Hearing and 
Speech Disabilities, FCC 20-7, published at 85 FR 27309, May 8, 2020 
(VRS At-Home Call Handling Order). The Commission amended its rules to 
convert the VRS at-home call handling pilot program into a permanent 
one, thereby allowing CAs to work from home. To ensure user privacy and 
call confidentiality and to help prevent waste, fraud, and abuse, the 
modified information collections include requirements for VRS providers 
to apply for certification to allow their communications assistants to 
handle calls while working at home; monitoring and oversight 
requirements; and reporting requirements.

List of Subjects

47 CFR Part 9

    Communications; Communications common carriers, Communications 
equipment, Reporting and recordkeeping requirements, Satellites, 
Security measures, Telecommunications, Telephone.

47 CFR Part 64

    Individuals with disabilities, Telecommunications, 
Telecommunications relay services.


Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 9 as follows:

PART 9--911 REQUIREMENTS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 47 U.S.C. 151-154, 152(a), 155(c), 157, 160, 201, 
202, 208, 210, 214, 218, 219, 222, 225, 251(e), 255, 301, 302, 303, 
307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615 
note, 615a, 615b, 615c, 615a-1, 616, 620, 621, 623, 623 note, 721, 
and 1471, unless otherwise noted.


Sec.  9.14  [Amended]

0
2. Amend Sec.  9.14 by removing paragraph (f).

[FR Doc. 2020-21316 Filed 10-22-20; 8:45 am]
BILLING CODE 6712-01-P
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