Video Relay Service Improvements, 20125-20133 [2024-05942]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Rules and Regulations]
[Pages 20125-20133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05942]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket Nos. 03-123, 10-51; FCC 23-116; FR ID 209179]


Video Relay Service Improvements

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) modifies its rules to promote improvement in the 
efficacy and quality of video relay service (VRS) supported by the 
Interstate Telecommunications Relay Services (TRS) Fund. The 
modifications: increase the portion of monthly VRS minutes that may be 
handled by communications assistants (CAs) working at home; reduce the 
amount of prior interpreting experience required of VRS CAs who work at 
home; and allow VRS providers to use contract CAs, subject to 
conditions, for up to 30% of their monthly call minutes. These changes 
increase providers' flexibility to hire communications assistants from 
a wider pool of qualified sign-language interpreters. The Commission 
also modifies its rules to improve the process for registered VRS users 
to place calls to the United States while traveling abroad.

DATES: 
    Effective Date: This rule is effective April 22, 2024, except for 
the amendments to Sec.  64.604(c)(5)(iii)(D)(8), (d)(1)(iii)(C), 
(d)(2)(iv), and (d)(6), at instruction 3, which are delayed 
indefinitely. The Federal Communications Commission will publish a 
document in the Federal Register announcing the effective dates.
    Compliance Date: The compliance date for amended Sec.  
64.604(d)(7)(i) is October 17, 2024.

FOR FURTHER INFORMATION CONTACT: Joshua Mendelsohn, Disability Rights 
Office, Consumer and Governmental Affairs Bureau (CGB), at 202-559-
7304, or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, in CG Docket Nos. 03-123 and 10-51, FCC 23-116, adopted on 
December 19, 2023, released on December 20, 2023. The Commission 
previously sought comment on these issues in a Notice of Proposed 
Rulemaking (2022 VRS Improvements Notice), published at 87 FR 75199, 
Dec. 8, 2022. The full text of this document is available 
electronically via the FCC's website at https://docs.fcc.gov/public/attachments/FCC-23-116A1.pdf or via the Commission's Electronic Comment 
Filing System (ECFS) website at www.fcc.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.

Synopsis

Background

    Under section 225 of the Communications Act of 1934, as amended 
(the Act), the Commission must ensure that TRS are available ``to the 
extent possible and in the most efficient manner'' to persons ``in the 
United States'' who are deaf, hard of hearing, or deafblind, or who 
have speech disabilities, so that they can communicate by telephone in 
a manner that is functionally equivalent to voice communication 
service. 47 U.S.C. 225(a)(3), (b)(1). VRS, a form of TRS, enables 
people with hearing or speech disabilities who use sign language to 
communicate with voice telephone users over a broadband connection 
using a video communication device. Providers of VRS are compensated 
from the Interstate TRS Fund for service provided in accordance with 
applicable rules.
    Anti-Fraud Rules. More than ten years ago, a wave of fraud and 
abuse plagued the VRS program and threatened its long-term 
sustainability. In response, the Commission prohibited or restricted a 
number of VRS provider practices that it found had increased the 
likelihood of fraud and abuse. In 2011, the Commission amended its 
rules to prohibit the handling of VRS calls by CAs working at home. In 
addition, the Commission prohibited an eligible (i.e., FCC-certified) 
VRS provider from contracting with or otherwise authorizing any third 
party to provide interpretation services or call center functions 
(including call distribution, call routing, call setup, mapping, call 
features, billing, and registration) on its behalf, unless that 
authorized third party also is an eligible VRS provider. Also in 2011, 
the Commission restricted compensation of VRS providers for calls to 
the United States from foreign locations.
    Subsequent Reauthorization of At-Home VRS Call Handling. In 2017, 
recognizing that anti-fraud safeguards and advances in network 
technology appeared to have reduced the fraud and abuse risks 
associated with CAs working at home, the Commission authorized a pilot 
program whereby participating VRS providers could permit some CAs to 
work at home, so long as the provider complied with specified 
personnel, technical, and environmental safeguards, as well as 
monitoring, oversight, and reporting requirements. In 2020, the 
Commission further amended its rules to allow at-home call-handling on 
a permanent basis, subject to safeguards similar to those of the pilot 
program. The current rules limit at-home call handling to a maximum of 
50% of a provider's monthly VRS minutes and require that CAs working at 
home have at least three years of American Sign Language (ASL) 
interpreting experience.
    COVID-19 Pandemic Waivers. During the outbreak of the COVID-19 
pandemic, VRS providers reported sharp increases in call volumes and 
decreases in call center staffing. Providers moved more CAs to home 
workstations to comply with social distancing requirements and stay-at-
home orders. In addition, travel became unpredictable, and some VRS 
users were stranded abroad. To address these extraordinary 
circumstances, CGB, on its own motion, temporarily waived the following 
VRS rules: (1) the cap on the percentage of VRS providers' minutes that 
may be handled at home workstations; (2) certain rules governing how 
at-home call handling is conducted and overseen by providers, including 
the requirement that CAs working at home have three years' interpreting 
experience; (3) the prohibition on contracting for interpretation 
services with third parties who are not also certified VRS providers; 
and (4) the restriction on compensation for VRS calls placed to the 
United States from abroad by registered VRS users. Due to the 
pandemic's continuing impact on VRS operations, all the above waivers 
were extended for additional periods in successive orders.
    Petition for Rulemaking. On June 4, 2021, the Commission received a 
petition requesting that the Commission initiate a rulemaking 
proceeding to modify the rules limiting VRS minutes handled by CAs 
working at home and prohibiting the use of contract CAs. Arguing that 
VRS providers' record of service under the pandemic waivers justifies 
allowing more flexibility on a permanent basis, the petitioner urged 
the Commission to raise the percentage of permitted VRS at-home call-
handling to 80% of a provider's monthly minutes and to allow a VRS 
provider to use contract CAs for up to 30% of its monthly minutes.
    Notice of Proposed Rulemaking. On June 30, 2022, the Commission 
released

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a Notice of Proposed Rulemaking to amend certain rules that had been 
partially waived due to the pandemic emergency. The Commission proposed 
to: increase from 50% to 80% the portion of monthly VRS minutes that 
may be handled by CAs working at home; reduce or eliminate the 
requirement that VRS CAs who work from home must have at least three 
years of interpreting experience; allow VRS providers to use contract 
CAs for up to 30% of their monthly call minutes; and allow TRS Fund 
compensation for calls placed by registered VRS users to the United 
States from outside the country, for up to one year after leaving the 
country, as long as they notify their provider of such travel at any 
time before placing such a call.

CAs Working at Home

    Cap on At-Home Minutes. The Commission adopts its proposal to 
increase from 50% to 80% the percentage of a VRS provider's monthly 
minutes that may be handled by CAs working at home. Raising the cap on 
at-home call handling will allow VRS providers to continue hiring from 
an expanded pool of ASL interpreters, and thereby improve the 
efficiency and effectiveness of their services. Such increased 
flexibility allows VRS providers to operate more efficiently and 
maintain or improve service quality.
    The Commission allows CAs to work at home because this option lets 
VRS providers hire CAs from an expanded, nationwide pool of ASL 
interpreters, and thereby improve the efficiency and effectiveness of 
their services. Providers can attract and retain qualified CAs for whom 
working at the companies' call centers is not a practical option, and 
there is evidence that working at home can reduce CA stress and improve 
productivity and performance. The Commission concludes that these 
benefits can be increased by continuing to allow VRS providers more 
flexibility to let their CAs work at home. Such hiring flexibility has 
taken on enhanced importance due to the continuing shortage of sign 
language interpreters willing to work as VRS CAs. In addition, post-
pandemic, many VRS CAs have become acclimated to working at home and 
are reluctant to return to call centers.
    The Commission concludes that additional costs resulting from this 
rule will be minimal. Because TRS Fund compensation is set for multi-
year periods, providers generally have an incentive to avoid or reduce 
unnecessary costs, as the increased profits that result can be kept and 
no offsetting rate reduction is likely before the end of the 
compensation period. Therefore, VRS providers generally are unlikely to 
increase their reliance on CAs working at home unless doing so enables 
a net reduction in cost. Further, as noted above, allowing more minutes 
to be handled by such CAs will expand the pool of potential job 
candidates and help alleviate the shortage of qualified interpreters 
available for VRS work. In addition, an expanded labor supply also 
would tend to limit the wages and benefits that VRS providers must 
offer to recruit qualified CAs.
    The Commission also concludes that the safeguards of its at-home 
rules are sufficient to prevent adverse effects on call confidentiality 
and service quality, and reduce the risk of waste, fraud, and abuse. 
Anecdotal incidents, which can be addressed through enforcement of the 
existing safeguards, do not justify reimposing a cap that could 
constrict the available supply of qualified VRS CAs. A commenter 
expressed concerns that raising the cap would reduce the availability 
of in-person interpreting services in the community. The Commission's 
mandate under the Act is to ensure that relay services are available to 
eligible users. 47 U.S.C. 225. Expanding the opportunities for sign-
language interpreters to work at home as VRS CAs will further that 
mandate. Further, such opportunities can encourage more entry into the 
field of sign-language interpreters--and encourage more qualified 
interpreters to continue in the profession--by enabling them to combine 
part-time work as VRS CAs with community interpreting assignments.
    While, for the most part, VRS providers are unlikely to add more 
at-home CAs if doing so will detract from service quality, the 
Commission is unpersuaded that unlimited at-home interpreting should be 
allowed. In light of past and present concerns in this area, the 
Commission concludes the safer course is to require a minimum level of 
call center staffing. Requiring that at least 20% of monthly minutes be 
handled in a call center provides assurance that each provider will 
continue to maintain sufficient call center staffing so that newly 
hired or inexperienced CAs can benefit from in-person supervision or 
mentoring by CAs with VRS experience. Although the cap has been waived 
for several years, no provider has relied exclusively on at-home CAs. 
Thus, arguments that service quality would be unaffected by complete 
removal of the cap have not been empirically tested. Further, an 80% 
cap allows VRS providers ample flexibility to hire from an expanded 
pool of candidates and honor CAs' work preferences. Indeed, the record 
provides no persuasive evidence that an 80% cap will adversely affect 
any provider's ability to hire qualified CAs or to provide high-quality 
service. The Commission notes that the rule allows two alternative 
methods for calculating the at-home minutes cap, making compliance 
easier to achieve when total minutes cannot be accurately predicted for 
a given month. In the future, if such evidence emerges, this issue may 
be revisited.
    The Commission also declines a VRS provider's suggestion that the 
rule should continue to apply a 50% cap to newly certified VRS 
providers pending their achievement of a record of compliance. New 
applicants are required to demonstrate that they will comply with all 
applicable minimum TRS standards. Any compliance concerns that the 
Commission may have regarding a particular applicant for new or renewed 
certification as a VRS provider may be addressed by adding appropriate 
conditions for the certification of that applicant.
    Given that the cap has been entirely waived since the onset of the 
COVID-19 pandemic, and that the current waivers are extended through 
the compliance date of this rule amendment, the Commission understands 
that some providers may currently have more than 80% of their CAs 
working at home. Ending the current waiver immediately upon the 
effective date of the amended rule could require such VRS providers to 
immediately terminate the employment of some CAs for whom working at a 
call center may be impractical. In light of the shortage of CAs, the 
Commission determines that a transition period of six months is needed 
to allow those VRS providers that currently exceed the cap an 
opportunity to bring their work forces into compliance with the 80% cap 
without terminating the employment of any CAs. The Commission therefore 
establishes a compliance date of six months after the effective date of 
this rule change.
    Experience Requirement for CAs Working at Home. The Commission 
modifies the prior experience requirement for VRS CAs working at home, 
reducing the required amount of prior ASL interpreting experience from 
three years to one year. The year of experience may be acquired through 
professional ASL interpreting, either full-time or equivalent part-
time, whether in a community, business, VRS, or other context. This 
modification--in conjunction with increasing the cap on

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at-home minutes--will help ensure a sufficient supply of qualified VRS 
CAs after the current waivers expire. Further, the record does not show 
that this change will significantly affect the quality of VRS. The rule 
will continue to require that any VRS CA allowed to work at home 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. Further, VRS providers 
must provide at-home CAs with the same support and supervision as CAs 
in call centers. These rules, coupled with the technical requirements 
for effective supervision, provide assurance that teleworking CAs will 
handle calls efficiently and effectively in the home environment. In 
addition, retaining a one-year experience requirement provides a metric 
for further assurance that CAs working at home have a baseline level of 
practical field experience. Providers' reports of their practices over 
the last three years, while the at-home experience requirement was 
waived, support the Commission's belief that competition will help 
ensure that VRS providers continue to prioritize training and screening 
of CAs, including those they allow to work at home. Finally, the 
Commission finds it unlikely that allowing providers more flexibility 
in hiring CAs will cause a net increase in the cost of VRS.
    The Commission shares to some extent the concern that, when 
interpreters are still learning their craft, training and supervision 
are generally more effective when conducted in person, rather than 
remotely. Therefore, the Commission retains a requirement that CAs 
working at home have at least one year of interpreting experience. 
Retaining a one-year experience requirement ensures that CAs with very 
limited interpreting experience are subject to in-person supervision.
    The Commission recognizes that providers have allowed CAs with less 
than three years' experience to work at home while this requirement has 
been waived, and some of those CAs may not meet the one-year experience 
requirement as of the date the new rule goes into effect. To prevent 
disruption of the VRS industry and CAs' personal lives, the Commission 
grandfathers in those CAs working at home as of the effective date of 
this rule amendment, as long as they meet all other interpreter 
qualification and at-home requirements.
    The Commission declines to convert the experience requirement into 
an equivalent number of minutes of calls handled. The prior experience 
requirement can be met via full-time or equivalent part-time 
experience, and part-time experience is typically quantified in hours. 
Timing a CA's prior experience in minutes would place an unnecessary 
burden on applicants for CA employment. The Commission also declines to 
require that prior experience be acquired solely from in-person 
interpreting. Because it is gained in a remote context analogous to 
VRS, Video Remote Interpreting experience is relevant to a CA's 
qualifications to provide VRS, whether at-home or in a call center.
    Other issues. The Commission clarifies that at-home workplace 
inspections may be conducted either in-person or virtually, as long as 
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.
    The Commission does not require that CAs annually self-certify that 
they have complied with the FCC's at-home rules. The record does not 
provide evidence or examples to substantiate concerns that there are 
gaps in implementation of our existing rules governing at-home CAs and 
that certain CAs are either not properly informed of their 
responsibilities or do not have sufficient incentive to comply. VRS 
providers are required to effectively train and supervise at-home CAs 
and are responsible for their CAs' compliance with the minimum TRS 
standards. In light of the resulting incentives for VRS providers to 
ensure CA quality and rule compliance, additional regulation of 
providers' internal processes appears unnecessary. Therefore, the 
Commission finds that a retrospective CA certification of compliance 
would not significantly improve on the requirements already in place.

Contracting for CAs

    The Commission adopts its proposal to allow VRS providers to 
contract for interpretation services for up to 30% of their monthly 
call minutes. The record confirms that this change, like others adopted 
in this Report and Order, will help maintain efficient, effective relay 
service despite the continuing shortage of VRS CAs. Authorizing 
contractual CA service will allow providers flexibility to continue 
retaining the services of qualified ASL interpreters who prefer not to 
sign up as VRS provider employees. Contract CAs also can help providers 
respond to short term fluctuations in both demand and CA availability. 
By contrast, reinstating the ban on contract CAs may decrease the 
flexibility of VRS providers to meet demand, for example, when a 
weather event causes both a spike in traffic and the closing of a call 
center, potentially compromising the overall quality of service for 
many VRS users.
    In the three years during which the CA contracting restriction has 
been waived, the Commission has not received any evidence of resulting 
fraud, waste, or abuse. The Commission concludes that, by limiting the 
percentage of a VRS provider's traffic handled by contractors and by 
adopting safeguards, the Commission can safely authorize limited use of 
contractors while preventing a recurrence of the troubled history of 
subcontracting video interpreters from uncertified providers. The 
Commission also concludes that, as with the less restrictive at-home 
rules adopted herein, the provider economic incentives inherent in a 
multi-year compensation plan make it unlikely that less restrictive 
contracting rules will result in higher VRS cost.
    The Commission adopts the following safeguards to enable the 
Commission to effectively oversee the use of contract CAs. The 
Commission requires a VRS provider to: maintain and allow inspection by 
the Commission and TRS Fund Administrator of all records describing CA 
services provided under contract (in addition to the contracts 
themselves and any amendments), including any invoices and 
correspondence regarding such services; identify, in its monthly call 
data reports, each entity with which it has contracted for 
interpretation services and the number of conversation minutes handled 
by each, as well as the CAs working on a contract basis; and identify 
in its annual reports each entity with which it has contracted for 
interpretation services and the number of conversation minutes handled 
by each in the year covered by the report.
    To reduce incentives for fraud and abuse, a provision of the 
Commission's current rules prohibits VRS providers from providing 
compensation or other benefits to CAs in any manner that is based upon 
the number of VRS minutes or calls that the CA relays, either 
individually or as part of a group. The Commission amends this 
provision to clarify that this prohibition applies to compensation or 
other benefits provided to an agency or other entity with which a VRS 
provider contracts for CA services. The Commission also amends the rule 
to expressly prohibit VRS providers from paying contractors based on 
session or conversation minutes. That is, a CA who contracted to work 
four hours on each of two days would

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receive a flat rate for each hour of availability, without regard to 
call minutes actually handled during those eight hours.
    The Commission emphasizes that current rules require that VRS must 
be offered in the name of--and billed to the TRS Fund by--the certified 
VRS provider, in a manner that clearly identifies that entity as the 
provider of the service. Further, the Commission's rules governing CAs 
who work at home remain applicable when contract CAs are working at 
home. For example, the monitoring and oversight obligations of the at-
home rules also apply to home workstations of contract CAs, and these 
home workstations are subject to a VRS provider's obligation to conduct 
random and unannounced inspections of at least five percent of all home 
workstations, including their home environments, in each 12-month 
period. As another example, a VRS provider must ensure that each 
contract CA working at home 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. If a VRS provider allows 
contract CAs to work at home, it is the VRS provider's responsibility 
to ensure compliance with each provision of paragraph (d)(7) of Sec.  
64.604 of the Commission's rules, as well as all other applicable 
minimum TRS standards. To the extent that a VRS provider wishes to 
delegate certain oversight tasks to an agency that employs such CAs, it 
may do so, but the VRS provider must ensure compliance with the 
Commission's rules, whether by including specific oversight provisions 
in its contract with the agency, or otherwise.
    The Commission does not believe it is necessary for its rules to 
address speculative concerns regarding potential disclosure by 
contractors of a provider's trade secrets and the application of tax 
law to contract CAs. The Commission does not require any VRS provider 
to use contract CAs, and VRS providers are responsible for complying 
with all Federal and State laws on taxation or other matters affecting 
contracted CAs, as with their own employees.

International Calling Restrictions

    The Commission adopts the proposed modification of its rule on VRS 
calls originating from international IP addresses and terminating in 
the United States. As modified, the rule permits compensation for such 
calls during a travel period of up to one year, if the user's default 
VRS provider has been notified of the user's travel at any time prior 
to placing such calls. In other words, a VRS provider may request 
compensation for any such call placed after receiving the required 
notice from the user. The required notice need only be given once for 
each period of travel. The content of the required notification must 
include the specific regions of travel, the date of departure from the 
United States, and the approximate date when the individual intends to 
return to the United States.
    By allowing users to notify their providers any time before making 
the first compensable call from abroad (rather than before leaving the 
United States, as required by the current rule), this amendment aligns 
better with functional equivalence. The current requirement to notify 
before leaving the country may unnecessarily restrict users from 
calling the United States while traveling abroad, for example, in 
unforeseen circumstances or emergencies when the user may not have 
anticipated needing to make a call. The record does not indicate that 
the less restrictive approach the Commission adopts will impose 
additional costs on VRS providers or users. By reducing the 
unnecessarily broad application of the international calling rule, the 
amendment may reduce administrative costs incurred by providers, the 
TRS Fund administrator, and Commission staff to implement the rule. 
Further, this change will not increase any risk of waste, fraud, or 
abuse, given the effective anti-fraud measures currently in place.
    This amendment also codifies the declaratory ruling issued by the 
Commission in June 2022, which interpreted the existing rule to allow 
compensation for international calls placed by a registered user who is 
traveling outside the United States for up to one year. As explained in 
the June 2022 ruling, the prior interpretation of the rule, under which 
a VRS user's travel period could not exceed four weeks, imposed 
unnecessary restrictions on VRS use by consumers who are traveling 
internationally. That interpretation was adopted at a time when the VRS 
program was plagued by fraud and abuse. Since then, the Commission's 
anti-fraud measures, including requirements for call validation and 
user verification in the TRS User Registration Database, appear to have 
been effective in suppressing illegal VRS calling. Prior to the June 
2022 Ruling and pursuant to the pandemic waiver orders, the prohibition 
on calling the United States from abroad was largely waived; in the 
three years since the outbreak of the pandemic, the Commission has not 
received evidence of waste, fraud, or abuse resulting from this waiver.
    One year is an appropriate maximum period for international travel 
and is consistent with section 225 of the Act, which directs the 
Commission to ensure the availability of TRS to persons with hearing or 
speech disabilities ``in the United States.'' The Commission requires 
that compensable calls must either originate or terminate in the United 
States, and that, to register for internet-based TRS, a consumer must 
establish that he or she is a U.S. resident, at least on a temporary 
basis. Persons who may use TRS in the United States include temporary 
residents, such as foreign students attending colleges and universities 
in the United States. One year is long enough to cover most reasons why 
U.S. residents would be traveling abroad and is a reasonable 
``default'' time limit to prevent the use of TRS funds to support VRS 
calls by persons who can no longer be considered U.S. residents.
    The Commission adopts the proposed exception to the one-year 
maximum time period for calls to or from the United States by 
registered VRS users who are U.S. military personnel, Federal 
Government employees, or Federal contractors (or their accompanying 
immediate family members) temporarily stationed outside the United 
States. A family member would be eligible for this exception even if 
the Federal military person, employee, or contractor does not use VRS. 
Under this exception, the content of the required notification to the 
default provider must include the specific regions of foreign 
assignment, the date of departure from the United States, the 
contemplated end date for the foreign assignment, and confirmation that 
the user (or a family member of the user) is a member of the military 
services, or is employed by a Federal Government agency or Federal 
contractor, and is temporarily stationed outside the United States. If 
the user's foreign assignment does not contain an end date, the user 
may specify an end date that is one year after the date of departure. 
If the assignment lasts longer, the user may follow the extension 
procedures discussed herein. This exception will apply for the duration 
of the user's (or family member's) foreign assignment plus an 
additional time period following the end of such assignment to allow 
the user additional time to travel abroad and return to the United 
States. If the foreign assignment is extended or a change in the 
foreign assignment adds another international region, the user must 
notify his or her default provider of the new end date or new region of 
the assignment to continue making VRS calls during such

[[Page 20129]]

extension or new region (plus the permitted additional time period). 
Further, if the intended end date of the foreign assignment is not 
known or otherwise unavailable as of the time of notification to the 
default VRS provider, the notification may specify, as the end date, a 
date that is one year from the date of departure from the United 
States, or, for extensions beyond one year, in one-year intervals from 
the prior specified end date. The Commission also applies this 
exception to individuals placing calls to the United States from U.S. 
military and government organizations with enterprise VRS 
registrations.
    The Commission declines to expand this exception to include U.S. 
private-sector employees who are asked to work abroad by their U.S. 
employers, as well as the accompanying family members of such 
employees. As noted above, one year is long enough to cover most 
reasons why U.S. residents would be traveling abroad, other than U.S. 
military and government workers for which extended time abroad is not 
uncommon. Further, enforcement of this limit with respect to U.S. 
military personnel, Federal Government employees, and Federal 
contractors is relatively straightforward due to their official roles 
and well-documented assignments. Extending the exception to include 
private-sector employees and their family members is likely to pose 
more significant enforcement challenges, potentially increasing the 
risk of misuse or exploitation of the exception by individuals who are 
no longer U.S. residents by virtue of their extended time abroad.

Technical Correction to TRS Rules

    The Commission adopts a technical amendment of the Commission 
rules, proposed in December 2022, and published at 88 FR 7049, February 
2, 2023, to clarify the inflation adjustment factor for IP Relay 
compensation.
    The annual inflation adjustment factor for IP Relay compensation, 
adopted in June 2022, and published at 87 FR 42656, July 18, 2022, is 
based on the Employment Cost Index compiled by the Bureau of Labor 
Statistics, U.S. Department of Labor, for total compensation for 
private industry workers in professional, scientific, and technical 
services. The Commission directed the TRS Fund administrator to specify 
in its annual TRS Fund report the index values for each quarter of the 
previous calendar year and the last quarter of the year before that. 
The Commission also directed the TRS Fund administrator to propose the 
IP Relay compensation level for the next TRS Fund year by adjusting the 
compensation level from the previous year by a percentage equal to the 
percentage change in the index between the fourth quarter of the 
calendar year ending before the filing of its annual report and the 
fourth quarter of the preceding calendar year.
    The method of determining the inflation adjustment factor is 
codified in Sec.  64.640(d) of the Commission's rules. We revise the 
text of the rule to clarify the description of the inflation adjustment 
factor, to eliminate any ambiguity as to how the inflation adjustment 
factor is calculated.

Congressional Review Act

    The Commission has determined and the Administrator of the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
concurs, that this rule is non-major under the Congressional Review 
Act, 5 U.S.C. 804(2). The Commission will send a copy of this Report 
and Order and Order to Congress and the Government Accountability 
Office pursuant to 5 U.S.C. 801(a)(1)(A).

Paperwork Reduction Act

    This document 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 will invite 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.'' 87 FR 75199, 
Dec. 8, 2022.

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (Notice) published at 
87 FR 75199, December 8, 2022. The Commission sought written public 
comment on the proposals in the Notice, including comment on the IRFA.
    Need for, and Objective of, the Proposed Rules. The amended rules 
in the Report and Order increase VRS providers' flexibility to provide 
efficient, effective relay service, supported by the Interstate TRS 
Fund, for individuals with hearing and speech disabilities despite the 
continuing shortage of VRS CAs, without sacrificing the Commission's 
goals of reducing waste, fraud and abuse within the VRS industry. See 
47 U.S.C. 225(b)(1) (directing the Commission to ensure the 
availability of TRS to the extent possible and in the most efficient 
manner). The Report and Order increases from 50% to 80% the cap on call 
minutes that can be handled by VRS CAs from home work stations, reduces 
the three-year experience requirement for at-home VRS CAs to one year 
(waiving the one-year requirement for VRS CAs working at home as of the 
effective date), and allows VRS providers to contract for 
interpretation services from external sources for up to 30% of their 
monthly call minutes. The purpose of these changes is to increase the 
pool of available VRS CAs and allow VRS providers more flexibility in 
their internal operations.
    The Report and Order also modifies the rule restricting 
compensation from the TRS Fund for VRS calls to the United States from 
foreign locations. Currently, to be able to place such calls, VRS users 
must notify their default VRS provider prior to departure from the 
United States. Since the Commission adopted that rule, it has 
implemented the TRS User Registration Database (User Database) with 
detailed requirements for VRS user registration and identity 
verification. The Commission also removes the pre-departure 
notification requirement, allowing VRS users to make calls to the 
United States as long as they notify their provider of their travel 
status any time prior to placing such calls. The Commission also 
codifies its earlier Declaratory Ruling that VRS providers may allow 
VRS calls to the United States by a registered user for up to one year 
while the user is abroad. As an exception to the one-year limitation, 
United States military personnel and Federal Government workers and 
contractors (and members of their immediate families) who are stationed 
abroad to make compensable VRS calls to the United States for the 
duration of their required service overseas.
    Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration. The Chief Counsel did not file any comments in 
response to the proposed rules in this proceeding.
    Small Entities Impacted. The proposals will affect obligations of 
VRS providers. These services can be included within the broad economic

[[Page 20130]]

category of All Other Telecommunications.
    Description of Reporting, Recordkeeping, and Other Compliance 
Requirements. The amended rules modify the reporting, recordkeeping or 
other compliance obligations of certain small and other entities that 
provide VRS. The Commission is not in a position to determine whether 
these new rules will require small entities to hire attorneys, 
engineers, consultants, or other professionals, but notes that the 
adopted rules primarily build upon existing compliance requirements.
    In amending its rules on VRS providers' employment of CAs working 
at home, the Commission makes those rules less restrictive, increasing 
from 50% to 80% the percentage of a VRS provider's monthly call minutes 
that may be handled by at-home CAs. The rule's recordkeeping and 
reporting requirements, which require that records be kept on home 
workstations and that calls handled at home be identified in a 
provider's monthly call detail reports, are not changed.
    The Commission also adopts a rule change removing the prior 
prohibition on VRS providers' employment of contract CAs and permitting 
contract CAs to handle up to 30% of a provider's total monthly call 
minutes. VRS providers who exercise this new option to employ contract 
CAs will be required to maintain records of interpretation services 
provided by contractors; identify, in their call detail reports, the 
VRS minutes handled by contract CAs; and include contractor data in 
their semiannual call center reports.
    Additionally, the Commission codifies its Declaratory Ruling 
allowing VRS providers to be compensated from the TRS Fund when VRS 
users make calls to the United States from foreign locations while 
traveling for a period of up to one year, provided that VRS users 
notify their default VRS providers of their travel plans any time 
before they start making such calls. As an exception to the one year 
limitation on each travel period, Federal employees, contractors, and 
their immediate family members who are stationed abroad can make VRS 
calls from foreign locations for the duration of their service 
assignment (plus an additional 90 days) after notifying their default 
VRS provider of such assignment. The amended rule includes modified 
recordkeeping and reporting requirements regarding these less 
restrictive requirements.
    Steps Taken to Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered. The Commission has considered 
various proposals from small and other entities. Additionally, the 
Commission has considered alternative proposals and weighed their 
benefits against their potential costs to small and other entities. The 
rule changes allow VRS providers greater flexibility in offering 
improved service to consumers, particularly in the areas of increasing 
work-from home capabilities for CAs, increased use of contract CAs and 
in revisions to international calling restrictions.
    Participation in the at-home call-handling program would continue 
to be optional for VRS providers. Small VRS providers will benefit from 
this rule change as it enlarges the pool of qualified ASL interpreters 
from which they can hire CAs. Further, the associated regulatory 
requirements are already required as part of the at-home call-handling 
program and have been found necessary to prevent waste, fraud, and 
abuse of the TRS Fund by ensuring that CAs are subject to proper 
supervision and accountability. The Commission considered a proposal 
for unlimited at-home call handling, but rejected it because of the 
need to ensure that each provider will continue to maintain sufficient 
call center staffing so that newly hired or inexperienced CAs can 
benefit from in-person supervision or mentoring by CAs with VRS 
experience.
    The rule modification to permit VRS providers to hire contract CAs 
is also designed to increase the pool of American Sign Language 
interpreters available and willing to work as VRS CAs. Hiring contract 
CAs, which will be optional for VRS providers, will provide flexibility 
to small entities seeking to control their staffing costs. While 
additional reporting and recordkeeping requirements will apply to VRS 
providers of all sizes that are using contract CAs, these steps are 
necessary to prevent waste, fraud, and abuse of the TRS Fund by 
ensuring that contract CAs are subject to proper supervision and 
accountability.
    The codification of the one-year travel period for which VRS users 
may make compensated calls to the United States from foreign locations 
includes a modification of an existing rule requiring that VRS 
providers maintain information on VRS users who are traveling abroad. 
This tracking of data is an essential part of VRS providers' ability to 
obtain TRS Fund compensation. The rule amendments also allow 
compensation for VRS calls placed to the United States by Federal 
military, employees, contractors, and their immediate family members 
during their tours of duty abroad, even if longer than one year. The 
requirements as modified are necessary to prevent waste, fraud, and 
abuse of the TRS Fund by ensuring that only U.S. residents are 
permitted to make VRS calls to the United States from abroad. As an 
alternative, the Commission considered expanding the exception to 
include international calls placed by U.S. private-sector employees 
(and accompanying family members) asked to work abroad by their U.S 
employers; however, such a rule would lead to a more complex 
enforcement process and, by extension, create significant economic 
burdens for small entities that may lack the financial resources to 
effectively comply.

Ordering Clauses

    Accordingly, it is ordered that, pursuant to sections 1, 2, 3, and 
716 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 
153, 617, the foregoing Report and Order is adopted and the 
Commission's rules are amended.

List of Subjects in 47 CFR Part 64

    Individuals with disabilities, Telecommunications, 
Telecommunications relay services.

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

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262, 
276, 301, 303, 316, 345, 403(b)(2)(B), (c), 616, 617, 620, 1401-
1473, unless otherwise noted; Div. P, sec. 503, Pub. L. 115-141, 132 
Stat. 348, 1091; sec. 5, Pub. L. 117-223, 136 Stat 2280, 2285-88 (47 
U.S.C. 345 note).

Subpart F--Telecommunications Relay Services and Related Customer 
Premises Equipment for Persons With Disabilities

0
2. Effective April 22, 2024, amend Sec.  64.604 by:
0
a. Removing the introductory text;
0
b. Removing and reserving paragraphs (a)(6) and (7) and (b)(8);
0
c. Adding a reserved paragraph (c)(5)(iii)(D)(8);
0
d. Removing and reserving paragraphs (c)(5)(iii)(N) and (c)(12);
0
e. Revising paragraph (d); and

[[Page 20131]]

0
f. Adding paragraph (e).
    The revisions and additions read as follows:


Sec.  64.604   Mandatory minimum standards.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (D) * * *
    (8) [Reserved]
* * * * *
    (d) Additional provisions applicable to VRS--(1) Eligibility for 
reimbursement from the TRS Fund. (i) Only an eligible VRS provider, as 
defined in paragraph (c)(5)(iii)(F) of this section, may hold itself 
out to the general public as providing VRS.
    (ii) VRS service must be offered under the name by which the 
eligible VRS provider offering such service became certified and in a 
manner that clearly identifies that provider of the service. Where a 
TRS provider also utilizes sub-brands to identify its VRS, each sub-
brand must clearly identify the eligible VRS provider. Providers must 
route all VRS calls through a single URL address used for each name or 
sub-brand used.
    (iii)(A) Except as otherwise provided in this paragraph (iii), an 
eligible VRS provider shall not contract with or otherwise authorize 
any third party to provide call center functions (including call 
distribution, call routing, call setup, mapping, call features, 
billing, and registration) on its behalf, unless that authorized third 
party also is an eligible provider.
    (B) An eligible VRS provider may contract with third parties to 
provide interpretation services for up to a maximum of the greater of:
    (1) Thirty percent (30%) of a VRS provider's total minutes for 
which compensation is paid in that month; or
    (2) Thirty percent (30%) 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.
    (C) [Reserved]
    (iv) To the extent that an eligible VRS provider contracts with or 
otherwise authorizes a third party to provide any other services or 
functions related to the provision of VRS other than interpretation 
services or call center functions, that third party must not hold 
itself out as a provider of VRS, and must clearly identify the eligible 
VRS provider to the public. To the extent an eligible VRS provider 
contracts with or authorizes a third party to provide any services or 
functions related to marketing or outreach, and such services utilize 
VRS, those VRS minutes are not compensable on a per minute basis from 
the TRS fund.
    (v) All third-party contracts or agreements entered into by an 
eligible provider must be in writing. Copies of such agreements shall 
be made available to the Commission and to the TRS Fund administrator 
upon request.
    (2) Call center reports. VRS providers shall file a written report 
with the Commission and the TRS Fund administrator, on April 1st and 
October 1st of each year for each call center that handles VRS calls 
that the provider owns or controls, including centers located outside 
of the United States, that includes:
    (i) The complete street address of the center;
    (ii) The number of individual CAs and CA managers; and
    (iii) The name and contact information (phone number and email 
address) of the manager(s) at the center. VRS providers shall also file 
written notification with the Commission and the TRS Fund administrator 
of any change in a center's location, including the opening, closing, 
or relocation of any center, at least 30 days prior to any such change.
    (iv) [Reserved]
    (3) Compensation of CAs. VRS providers shall not compensate, give a 
preferential work schedule to, or otherwise benefit a CA, or an agency 
or other entity with which a VRS provider contracts for interpretation 
services, in any manner that is based upon the number of VRS session or 
conversation minutes or calls that a CA relays, either individually or 
as part of a group.
    (4) Remote training session calls. VRS calls to a remote training 
session or a comparable activity will not be compensable from the TRS 
Fund when the provider submitting minutes for such a call has been 
involved, in any manner, with such a training session. Such prohibited 
involvement includes training programs or comparable activities in 
which the provider or any affiliate or related party thereto, including 
but not limited to its subcontractors, partners, employees or 
sponsoring organizations or entities, has any role in arranging, 
scheduling, sponsoring, hosting, conducting or promoting such programs 
or activities.
    (5) Visual privacy screens/idle calls. A VRS CA may not enable a 
visual privacy screen or similar feature during a VRS call. A VRS CA 
must disconnect a VRS call if the caller or the called party to a VRS 
call enables a privacy screen or similar feature for more than five 
minutes or is otherwise unresponsive or unengaged for more than five 
minutes, unless the call is a 9-1-1 emergency call or the caller or 
called party is legitimately placed on hold and is present and waiting 
for active communications to commence. Prior to disconnecting the call, 
the CA must announce to both parties the intent to terminate the call 
and may reverse the decision to disconnect if one of the parties 
indicates continued engagement with the call.
    (6) International calls. VRS calls that originate from an 
international IP address will not be compensated, with the exception of 
calls made by a U.S. resident who has pre-registered with his or her 
default provider prior to leaving the country, during specified periods 
of time while on travel and from specified regions of travel, for which 
there is an accurate means of verifying the identity and location of 
such callers. For purposes of this section, an international IP address 
is defined as one that indicates that the individual initiating the 
call is located outside the United States.
    (7) At-home VRS call handling--(i) Limit on minutes handled. 
Beginning October 17, 2024, 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) Eighty percent (80%) of a VRS provider's total minutes for 
which compensation is paid in that month; or
    (B) Eighty percent (80%) 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 one year of full-time or equivalent part-time 
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, except that any CAs working at home 
as of April 22, 2024 are not required to have at least one year of 
experience as long as they meet all other interpreter qualifications 
specified in this paragraph (d)(7)(ii)(A); 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

[[Page 20132]]

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 (d)(7)(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.
    (8) Discrimination and preferences. A VRS provider shall not:
    (i) Directly or indirectly, by any means or device, engage in any 
unjust or unreasonable discrimination related to practices, facilities, 
or services for or in connection with like relay service,
    (ii) Engage in or give any undue or unreasonable preference or 
advantage to any particular person, class of persons, or locality, or
    (iii) Subject any particular person, class of persons, or locality 
to any undue or unreasonable prejudice or disadvantage.
    (e) Other standards. The applicable requirements of Sec.  9.14 of 
this chapter and Sec. Sec.  64.611, 64.615, 64.621, 64.631, 64.632, 
64.5105, 64.5107, 64.5108, 64.5109, and 64.5110 are to be considered 
mandatory minimum standards.

0
3. Delayed indefinitely, further amend Sec.  64.604 by adding 
paragraphs (c)(5)(iii)(D)(8), (d)(1)(iii)(C), and (d)(2)(iv) and 
revising paragraph (d)(6) to read as follows:


Sec.  64.604  Mandatory minimum standards.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (D) * * *
    (8) Calls handled by contractors. A VRS provider that contracts for 
interpretation services shall identify in its monthly call data reports 
each entity with which it has contracted for interpretation services, 
each CA working on a contract basis, and the number of conversation 
minutes handled by each such CA.
* * * * *
    (d) * * *
    (1) * * *
    (iii) * * *
    (C) A VRS provider that contracts for interpretation services shall 
maintain records of all services provided by contracting CAs or 
agencies. If a VRS provider allows contract CAs to work at home, the 
VRS provider remains obligated to comply with each provision of 47 CFR 
64.604(d)(7).
* * * * *
    (2) * * *
    (iv) The name and contact information (phone number and email 
address) of each individual, agency, and other entity with which it has 
contracted for interpretation services and the number of conversation 
minutes handled by each such contractor during the six-month period.
* * * * *
    (6) International calls. (i) VRS calls that originate from an 
international IP address shall not be compensated, except in accordance 
with this section. For purposes of this section, an international IP 
address is defined as one that indicates that the individual initiating 
the call is located outside the United States and its territories.
    (ii) A VRS provider may seek TRS Fund compensation for VRS calls 
placed to the United States by a United States resident who is a 
registered VRS user, provided that:
    (A) Such calls are placed one year or less after the VRS user 
departs the United States; and
    (B) At any time prior to placing such calls, the VRS user notifies 
the user's default provider of the specific region(s) of travel, the 
date of departure from the United States, and the intended date of 
return to the United States.
    (iii) A registered VRS user may request approval from the 
Commission's Disability Rights Office for an extension of the one-year 
international calling period. Such request shall specify the extended 
return date and include a showing that the user's primary residence 
remains in the United States, even though the user will remain outside 
the United States longer than one year. Upon approval of such an 
extension, the user shall notify the user's default VRS provider of the 
extended return date, and the provider may seek compensation for 
international calls placed by the user through the end of such extended 
return date.
    (iv) A VRS provider may seek TRS Fund compensation for VRS calls 
placed to the United States, pursuant to an individual or enterprise 
VRS registration, by a United States resident who is a United States 
military or Federal Government employee or contractor temporarily 
stationed abroad, or a parent, spouse, or child of such employee or 
contractor, provided that:
    (A) Such calls are placed either during the period of such foreign 
assignment or within 90 days after its end date; and

[[Page 20133]]

    (B) At any time prior to placing such calls, the registered VRS 
user, or the Relay Official or other responsible individual designated 
in an enterprise registration, notifies the default VRS provider of the 
specific regions of foreign assignment, the date of departure from the 
United States, and the intended end date of the foreign assignment, and 
that the user (or a parent, spouse, or child of the user) is a United 
States military or Federal Government employee or contractor, and is 
temporarily stationed outside the United States. If the foreign 
assignment is extended, the registered VRS user, or the Relay Official 
or other responsible individual designated in an enterprise 
registration, shall notify the default VRS provider of the extended end 
date of such foreign assignment and of any change of the region where 
the employee or contractor is stationed.
    (C) If the intended end date of the foreign assignment is not known 
or otherwise unavailable as of the time of notification to the default 
VRS provider, the notification may specify, as the end date, a date 
that is one year from the date of departure from the United States, or, 
for extensions beyond one year, in one-year intervals from the prior 
specified end date.
* * * * *

0
4. Effective April 22, 2024, amend Sec.  64.606 by revising paragraphs 
(a)(2)(ii)(A)(2) and (a)(4) to read as follows:


Sec.  64.606   Internet-based TRS provider and TRS program 
certification.

    (a) * * *
    (2) * * *
    (ii) * * *
    (A) * * *
    (2) Operating more than five call centers within the United States, 
a copy of each deed or lease for a representative sampling (taking into 
account size (by number of communications assistants) and location) of 
five call centers operated by the applicant within the United States, 
together with a list of all other call centers that they operate that 
includes the information required under Sec.  64.604(d)(2).
* * * * *
    (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(d)(7).
* * * * *

0
5. Effective April 22, 2024, amend Sec.  64.640 by revising paragraph 
(d) to read as follows:


Sec.  64.640  Compensation for IP Relay.

* * * * *
    (d) The inflation adjustment factor for a Fund Year 
(IFFY), to be determined annually on or before June 30, is 
equal to the difference between the Initial value and the Final value, 
as defined herein, divided by the Initial value. The Initial value and 
Final value, respectively, are the values of the Employment Cost Index 
compiled by the Bureau of Labor Statistics, U.S. Department of Labor, 
for total compensation for private industry workers in professional, 
scientific, and technical services, for the following periods:
    (1) Final value. The fourth quarter of the Calendar Year ending 6 
months before the beginning of the Fund Year; and
    (2) Initial value. The fourth quarter of the preceding Calendar 
Year.
* * * * *
[FR Doc. 2024-05942 Filed 3-20-24; 8:45 am]
BILLING CODE 6712-01-P