Sec.  64.605   VRS and IP Relay Provider and TRS program certification.

   (a) Documentation —(1) Certified state program. Any state, through its
   office of the governor or other delegated executive office empowered to
   provide TRS, desiring to establish a state program under this section shall
   submit, not later than October 1, 1992, documentation to the Commission
   addressed  to the Federal Communications Commission, Chief, Consumer &
   Governmental Affairs Bureau, TRS Certification Program, Washington, DC
   20554,  and  captioned  “TRS  State  Certification  Application.”  All
   documentation shall be submitted in narrative form, shall clearly describe
   the state program for implementing intrastate TRS, and the procedures and
   remedies for enforcing any requirements imposed by the state program. The
   Commission shall give public notice of states filing for certification
   including notification in theFederal Register.

   (2) VRS and IP Relay provider. Any entity desiring to provide VRS or IP
   Relay services, independent from any certified state TRS program or any TRS
   provider otherwise eligible for compensation from the Interstate TRS Fund,
   and to receive compensation from the Interstate TRS Fund, shall submit
   documentation to the Commission addressed to the Federal Communications
   Commission, Chief, Consumer & Governmental Affairs Bureau, TRS Certification
   Program, Washington, DC 20554, and captioned “VRS and IP Relay Certification
   Application.” The documentation shall include, in narrative form:

   (i) A description of the forms of TRS to be provided ( i.e. , VRS and/or IP
   Relay);

   (ii) A description of how the provider will meet all non-waived mandatory
   minimum standards applicable to each form of TRS offered;

   (iii) A description of the provider's procedures for ensuring compliance
   with all applicable TRS rules;

   (iv) A description of the provider's complaint procedures;

   (v) A narrative describing any areas in which the provider's service will
   differ from the applicable mandatory minimum standards;

   (vi) A narrative establishing that services that differ from the mandatory
   minimum standards do not violate applicable mandatory minimum standards;

   (vii) Demonstration of status as a common carrier; and

   (viii) A statement that the provider will file annual compliance reports
   demonstrating continued compliance with these rules.

   (b)  (1)  Requirements  for state certification. After review of state
   documentation, the Commission shall certify, by letter, or order, the state
   program  if  the  Commission  determines  that the state certification
   documentation:

   (i) Establishes that the state program meets or exceeds all operational,
   technical, and functional minimum standards contained in  Sec. 64.604;

   (ii) Establishes that the state program makes available adequate procedures
   and remedies for enforcing the requirements of the state program, including
   that it makes available to TRS users informational materials on state and
   Commission complaint procedures sufficient for users to know the proper
   procedures for filing complaints; and

   (iii)  Where  a  state program exceeds the mandatory minimum standards
   contained in  Sec. 64.604, the state establishes that its program in no way
   conflicts with federal law.

   (2) Requirements for VRS and IP Relay Provider FCC Certification. After
   review of certification documentation, the Commission shall certify, by
   Public  Notice,  that  the  VRS  or  IP Relay provider is eligible for
   compensation from the Interstate TRS Fund if the Commission determines that
   the certification documentation:

   (i) Establishes that the provision of VRS and/or IP Relay will meet or
   exceed  all  non-waived operational, technical, and functional minimum
   standards contained in  Sec. 64.604;

   (ii) Establishes that the VRS and/or IP Relay provider makes available
   adequate  procedures  and  remedies  for  ensuring compliance with the
   requirements of this section and the mandatory minimum standards contained
   in  Sec. 64.604, including that it makes available for TRS users informational
   materials on complaint procedures sufficient for users to know the proper
   procedures for filing complaints; and

   (iii) Where the TRS service differs from the mandatory minimum standards
   contained in  Sec. 64.604, the VRS and/or IP Relay provider establishes that its
   service does not violate applicable mandatory minimum standards.

   (c)(1) State certification period. State certification shall remain in
   effect for five years. One year prior to expiration of certification, a
   state may apply for renewal of its certification by filing documentation as
   prescribed by paragraphs (a) and (b) of this section.

   (2)  VRS and IP Relay Provider FCC certification period. Certification
   granted under this section shall remain in effect for five years. A VRS or
   IP Relay provider may apply for renewal of its certification by filing
   documentation with the Commission, at least 90 days prior to expiration of
   certification, containing the information described in paragraph (a)(2) of
   this section.

   (d) Method of funding. Except as provided in  Sec. 64.604, the Commission shall
   not refuse to certify a state program based solely on the method such state
   will  implement for funding intrastate TRS, but funding mechanisms, if
   labeled, shall be labeled in a manner that promote national understanding of
   TRS and do not offend the public.

   (e)(1) Suspension or revocation of state certification. The Commission may
   suspend or revoke such certification if, after notice and opportunity for
   hearing, the Commission determines that such certification is no longer
   warranted. In a state whose program has been suspended or revoked, the
   Commission shall take such steps as may be necessary, consistent with this
   subpart, to ensure continuity of TRS. The Commission may, on its own motion,
   require a certified state program to submit documentation demonstrating
   ongoing compliance with the Commission's minimum standards if, for example,
   the  Commission  receives  evidence that a state program may not be in
   compliance with the minimum standards.

   (2) Suspension or revocation of VRS and IP Relay Provider FCC certification.
   The Commission may suspend or revoke the certification of a VRS or IP Relay
   provider  if, after notice and opportunity for hearing, the Commission
   determines that such certification is no longer warranted. The Commission
   may, on its own motion, require a certified VRS or IP Relay provider to
   submit documentation demonstrating ongoing compliance with the Commission's
   minimum standards if, for example, the Commission receives evidence that a
   certified VRS or IP Relay provider may not be in compliance with the minimum
   standards.

   (f)  Notification  of  substantive  change. (1) States must notify the
   Commission of substantive changes in their TRS programs within 60 days of
   when they occur, and must certify that the state TRS program continues to
   meet federal minimum standards after implementing the substantive change.

   (2) VRS and IP Relay providers certified under this section must notify the
   Commission of substantive changes in their TRS programs, services, and
   features within 60 days of when such changes occur, and must certify that
   the interstate TRS provider continues to meet federal minimum standards
   after implementing the substantive change.

   (g) VRS and IP Relay providers certified under this section shall file with
   the Commission, on an annual basis, a report providing evidence that they
   are in compliance with  Sec. 64.604.

   [ 70 FR 76215 , Dec. 23, 2005]