Sec.  64.604   Mandatory minimum standards.

   The standards in this section are applicable December 18, 2000, except as
   stated in paragraphs (c)(2) and (c)(7) of this section.

   (a)  Operational standards —(1) Communications assistant (CA). (i) TRS
   providers are responsible for requiring that all CAs be sufficiently trained
   to effectively meet the specialized communications needs of individuals with
   hearing and speech disabilities.

   (ii)  CAs  must  have  competent  skills in typing, grammar, spelling,
   interpretation of typewritten ASL, and familiarity with hearing and speech
   disability cultures, languages and etiquette. CAs must possess clear and
   articulate voice communications.

   (iii) CAs must provide a typing speed of a minimum of 60 words per minute.
   Technological aids may be used to reach the required typing speed. Providers
   must give oral-to-type tests of CA speed.

   (iv) TRS providers are responsible for requiring that VRS CAs are qualified
   interpreters. A “qualified interpreter” is able to interpret effectively,
   accurately, and impartially, both receptively and expressively, using any
   necessary specialized vocabulary.

   (v) CAs answering and placing a TTY-based TRS or VRS call must stay with the
   call for a minimum of ten minutes. CAs answering and placing an STS call
   must stay with the call for a minimum of fifteen minutes.

   (vi)  TRS providers must make best efforts to accommodate a TRS user's
   requested CA gender when a call is initiated and, if a transfer occurs, at
   the time the call is transferred to another CA.

   (vii) TRS shall transmit conversations between TTY and voice callers in real
   time.

   (2) Confidentiality and conversation content. (i) Except as authorized by
   section 705 of the Communications Act, 47 U.S.C. 605, CAs are prohibited
   from  disclosing the content of any relayed conversation regardless of
   content, and with a limited exception for STS CAs, from keeping records of
   the content of any conversation beyond the duration of a call, even if to do
   so  would  be inconsistent with state or local law. STS CAs may retain
   information from a particular call in order to facilitate the completion of
   consecutive calls, at the request of the user. The caller may request the
   STS CA to retain such information, or the CA may ask the caller if he wants
   the CA to repeat the same information during subsequent calls. The CA may
   retain  the  information  only for as long as it takes to complete the
   subsequent calls.

   (ii) CAs are prohibited from intentionally altering a relayed conversation
   and, to the extent that it is not inconsistent with federal, state or local
   law regarding use of telephone company facilities for illegal purposes, must
   relay all conversation verbatim unless the relay user specifically requests
   summarization, or if the user requests interpretation of an ASL call. An STS
   CA may facilitate the call of an STS user with a speech disability so long
   as the CA does not interfere with the independence of the user, the user
   maintains  control  of the conversation, and the user does not object.
   Appropriate  measures  must be taken by relay providers to ensure that
   confidentiality of VRS users is maintained.

   (3)   Types   of   calls.  (i)  Consistent  with  the  obligations  of
   telecommunications carrier operators, CAs are prohibited from refusing
   single or sequential calls or limiting the length of calls utilizing relay
   services.

   (ii) Relay services shall be capable of handling any type of call normally
   provided by telecommunications carriers unless the Commission determines
   that it is not technologically feasible to do so. Relay service providers
   have the burden of proving the infeasibility of handling any type of call.

   (iii) Relay service providers are permitted to decline to complete a call
   because credit authorization is denied.

   (iv) Relay services shall be capable of handling pay-per-call calls.

   (v) TRS providers are required to provide the following types of TRS calls:
   (1) Text-to-voice and voice-to-text; (2) VCO, two-line VCO, VCO-to-TTY, and
   VCO-to-VCO; (3) HCO, two-line HCO, HCO-to-TTY, HCO-to-HCO.

   (vi) TRS providers are required to provide the following features: (1) Call
   releasefunctionality; (2) speed dialing functionality; and (3) three-way
   calling functionality.

   (vii) Voice mail and interactive menus. CAs must alert the TRS user to the
   presence of a recorded message and interactive menu through a hot key on the
   CA's terminal. The hot key will send text from the CA to the consumer's TTY
   indicating that a recording or interactive menu has been encountered. Relay
   providers shall electronically capture recorded messages and retain them for
   the length of the call. Relay providers may not impose any charges for
   additional calls, which must be made by the relay user in order to complete
   calls involving recorded or interactive messages.

   (viii) TRS providers shall provide, as TRS features, answering machine and
   voice mail retrieval.

   (4)  Emergency call handling requirements for TTY-based TRS providers.
   TTY-based TRS providers must use a system for incoming emergency calls that,
   at a minimum, automatically and immediately transfers the caller to an
   appropriate Public Safety Answering Point (PSAP). An appropriate PSAP is
   either  a PSAP that the caller would have reached if he had dialed 911
   directly, or a PSAP that is capable of enabling the dispatch of emergency
   services to the caller in an expeditious manner.

   (5) STS called numbers. Relay providers must offer STS users the option to
   maintain at the relay center a list of names and telephone numbers which the
   STS user calls. When the STS user requests one of these names, the CA must
   repeat  the  name and state the telephone number to the STS user. This
   information must be transferred to any new STS provider.

   (b) Technical standards —(1) ASCII and Baudot. TRS shall be capable of
   communicating with ASCII and Baudot format, at any speed generally in use.

   (2) Speed of answer. (i) TRS providers shall ensure adequate TRS facility
   staffing to provide callers with efficient access under projected calling
   volumes, so that the probability of a busy response due to CA unavailability
   shall be functionally equivalent to what a voice caller would experience in
   attempting to reach a party through the voice telephone network.

   (ii) TRS facilities shall, except during network failure, answer 85% of all
   calls within 10 seconds by any method which results in the caller's call
   immediately being placed, not put in a queue or on hold. The ten seconds
   begins at the time the call is delivered to the TRS facility's network. A
   TRS facility shall ensure that adequate network facilities shall be used in
   conjunction with TRS so that under projected calling volume the probability
   of  a busy response due to loop trunk congestion shall be functionally
   equivalent to what a voice caller would experience in attempting to reach a
   party through the voice telephone network.

   (A) The call is considered delivered when the TRS facility's equipment
   accepts  the call from the local exchange carrier (LEC) and the public
   switched network actually delivers the call to the TRS facility.

   (B) Abandoned calls shall be included in the speed-of-answer calculation.

   (C) A TRS provider's compliance with this rule shall be measured on a daily
   basis.

   (D) The system shall be designed to a P.01 standard.

   (E)  A LEC shall provide the call attempt rates and the rates of calls
   blocked between the LEC and the TRS facility to relay administrators and TRS
   providers upon request.

   (iii)  Speed of answer requirements for VRS providers are phased-in as
   follows: by January 1, 2006, VRS providers must answer 80% of all calls
   within  180 seconds, measured on a monthly basis; by July 1, 2006, VRS
   providers must answer 80% of all calls within 150 seconds, measured on a
   monthly basis; and by Janury 1, 2007, VRS providers must answer 80% of all
   calls within 120 seconds, measured on a monthly basis. Abandoned calls shall
   be included in the VRS speed of answer calculation.

   (3) Equal access to interexchange carriers. TRS users shall have access to
   their  chosen  interexchange carrier through the TRS, and to all other
   operator services, to the same extent that such access is provided to voice
   users.

   (4) TRS facilities. (i) TRS shall operate every day, 24 hours a day. Relay
   services that are not mandated by this Commission need not be provided every
   day, 24 hours a day, except VRS.

   (ii) TRS shall have redundancy features functionally equivalent to the
   equipment in normal central offices, including uninterruptible power for
   emergency use.

   (5) Technology. No regulation set forth in this subpart is intended to
   discourage or impair the development of improved technology that fosters the
   availability  of  telecommunications  to person with disabilities. TRS
   facilities are permitted to use SS7 technology or any other type of similar
   technology to enhance the functional equivalency and quality of TRS. TRS
   facilities that utilize SS7 technology shall be subject to the Calling Party
   Telephone Number rules set forth at 47 CFR 64.1600 et seq. 

   (6) Caller ID. When a TRS facility is able to transmit any calling party
   identifying information to the public network, the TRS facility must pass
   through, to the called party, at least one of the following: the number of
   the TRS facility, 711, or the 10-digit number of the calling party.

   (c)  Functional standards —(1) Consumer complaint logs. (i) States and
   interstate providers must maintain a log of consumer complaints including
   all complaints about TRS in the state, whether filed with the TRS provider
   or  the  State, and must retain the log until the next application for
   certification is granted. The log shall include, at a minimum, the date the
   complaint was filed, the nature of the complaint, the date of resolution,
   and an explanation of the resolution.

   (ii) Beginning July 1, 2002, states and TRS providers shall submit summaries
   of logs indicating the number of complaints received for the 12-month period
   ending May 31 to the Commission by July 1 of each year. Summaries of logs
   submitted to the Commission on July 1, 2001 shall indicate the number of
   complaints received from the date of OMB approval through May 31, 2001.

   (2)  Contact  persons. Beginning on June 30, 2000, State TRS Programs,
   interstate TRS providers, and TRS providers that have state contracts must
   submit to the Commission a contact person and/or office for TRS consumer
   information and complaints about a certified State TRS Program's provision
   of intrastate TRS, or, as appropriate, about the TRS provider's service.
   This submission must include, at a minimum, the following:

   (i) The name and address of the office that receives complaints, grievances,
   inquiries, and suggestions;

   (ii) Voice and TTY telephone numbers, fax number, e-mail address, and web
   address; and

   (iii) The physical address to which correspondence should be sent.

   (3) Public access to information. Carriers, through publication in their
   directories, periodic billing inserts, placement of TRS instructions in
   telephone  directories,  through  directory  assistance  services, and
   incorporation of TTY numbers in telephone directories, shall assure that
   callers in their service areas are aware of the availability and use of all
   forms of TRS. Efforts to educate the public about TRS should extend to all
   segments of the public, including individuals who are hard of hearing,
   speech disabled, and senior citizens as well as members of the general
   population. In addition, each common carrier providing telephone voice
   transmission services shall conduct, not later than October 1, 2001, ongoing
   education and outreach programs that publicize the availability of 711
   access to TRS in a manner reasonably designed to reach the largest number of
   consumers possible.

   (4) Rates. TRS users shall pay rates no greater than the rates paid for
   functionally equivalent voice communication services with respect to such
   factors as the duration of the call, the time of day, and the distance from
   the point of origination to the point of termination.

   (5) Jurisdictional separation of costs —(i) General. Where appropriate,
   costs  of  providing  TRS  shall  be  separated in accordance with the
   jurisdictional  separation  procedures  and standards set forth in the
   Commission's  regulations  adopted  pursuant  to  section  410  of the
   Communications Act of 1934, as amended.

   (ii) Cost recovery. Costs caused by interstate TRS shall be recovered from
   all subscribers for every interstate service, utilizing a shared-funding
   cost recovery mechanism. Except as noted in this paragraph, with respect to
   VRS, costs caused by intrastate TRS shall be recovered from the intrastate
   jurisdiction. In a state that has a certified program under  Sec. 64.606, the
   state agency providing TRS shall, through the state's regulatory agency,
   permit a common carrier to recover costs incurred in providing TRS by a
   method consistent with the requirements of this section. Costs caused by the
   provision of interstate and intrastate VRS shall be recovered from all
   subscribers for every interstate service, utilizing a shared-funding cost
   recovery mechanism.

   (iii) Telecommunications Relay Services Fund. Effective July 26, 1993, an
   Interstate Cost Recovery Plan, hereinafter referred to as the TRS Fund,
   shall  be  administered  by  an  entity  selected  by  the  Commission
   (administrator). The initial administrator, for an interim period, will be
   the National Exchange Carrier Association, Inc.

   (A) Contributions. Every carrier providing interstate telecommunications
   services  shall  contribute to the TRS Fund on the basis of interstate
   end-user telecommunications revenues as described herein. Contributions
   shall be made by all carriers who provide interstate services, including,
   but not limited to, cellular telephone and paging, mobile radio, operator
   services,  personal  communications  service  (PCS), access (including
   subscriber  line  charges),  alternative  access  and  special access,
   packet-switched, WATS, 800, 900, message telephone service (MTS), private
   line, telex, telegraph, video, satellite, intraLATA, international and
   resale services.

   (B) Contribution computations. Contributors' contribution to the TRS fund
   shall be the product of their subject revenues for the prior calendar year
   and  a  contribution factor determined annually by the Commission. The
   contribution factor shall be based on the ratio between expected TRS Fund
   expenses to interstate end-user telecommunications revenues. In the event
   that  contributions  exceed TRS payments and administrative costs, the
   contribution  factor  for  the  following  year will be adjusted by an
   appropriate amount, taking into consideration projected cost and usage
   changes.  In  the  event  that  contributions are inadequate, the fund
   administrator may request authority from the Commission to borrow funds
   commercially, with such debt secured by future years' contributions. Each
   subject carrier must contribute at least $25 per year. Carriers whose annual
   contributions total less than $1,200 must pay the entire contribution at the
   beginning of the contribution period. Service providers whose contributions
   total $1,200 or more may divide their contributions into equal monthly
   payments. Carriers shall complete and submit, and contributions shall be
   based on, a “Telecommunications Reporting Worksheet” (as published by the
   Commission in theFederal Register). The worksheet shall be certified to by
   an officer of the contributor, and subject to verification by the Commission
   or the administrator at the discretion of the Commission. Contributors'
   statements in the worksheet shall be subject to the provisions of section
   220 of the Communications Act of 1934, as amended. The fund administrator
   may bill contributors a separate assessment for reasonable administrative
   expenses  and  interest  resulting  from  improper  filing  or overdue
   contributions. The Chief of the Consumer & Governmental Affairs Bureau may
   waive, reduce, modify or eliminate contributor reporting requirements that
   prove unnecessary and require additional reporting requirements that the
   Bureau deems necessary to the sound and efficient administration of the TRS
   Fund.

   (C) Data collection from TRS providers. TRS providers shall provide the
   administrator with true and adequate data, and other historical, projected
   and  state  rate  related  information  reasonably  requested  by  the
   administrator, necessary to determine TRS Fund revenue requirements and
   payments. TRS providers shall provide the administrator with the following:
   total TRS minutes of use, total interstate TRS minutes of use, total TRS
   operating expenses and total TRS investment in general accordance with part
   32 of this chapter, and other historical or projected information reasonably
   requested  by the administrator for purposes of computing payments and
   revenue requirements. The administrator and the Commission shall have the
   authority to examine, verify and audit data received from TRS providers as
   necessary to assure the accuracy and integrity of TRS Fund payments.

   (D) [Reserved]

   (E) Payments to TRS providers. TRS Fund payments shall be distributed to TRS
   providers based on formulas approved or modified by the Commission. The
   administrator shall file schedules of payment formulas with the Commission.
   Such formulas shall be designed to compensate TRS providers for reasonable
   costs  of providing interstate TRS, and shall be subject to Commission
   approval. Such formulas shall be based on total monthly interstate TRS
   minutes of use. TRS minutes of use for purposes of interstate cost recovery
   under  the  TRS  Fund  are defined as the minutes of use for completed
   interstate TRS calls placed through the TRS center beginning after call
   set-up and concluding after the last message call unit. In addition to the
   data  required under paragraph (c)(5)(iii)(C) of this section, all TRS
   providers, including providers who are not interexchange carriers, local
   exchange carriers, or certified state relay providers, must submit reports
   of interstate TRS minutes of use to the administrator in order to receive
   payments. The administrator shall establish procedures to verify payment
   claims, and may suspend or delay payments to a TRS provider if the TRS
   provider fails to provide adequate verification of payment upon reasonable
   request,  or  if  directed  by  the  Commission to do so. The TRS Fund
   administrator shall make payments only to eligible TRS providers operating
   pursuant to the mandatory minimum standards as required in  Sec. 64.604, and
   after disbursements to the administrator for reasonable expenses incurred by
   it in connection with TRS Fund administration. TRS providers receiving
   payments  shall  file  a  form  prescribed  by  the administrator. The
   administrator shall fashion a form that is consistent with parts 32 and 36
   procedures reasonably tailored to meet the needs of TRS providers. The
   Commission shall have authority to audit providers and have access to all
   data, including carrier specific data, collected by the fund administrator.
   The fund administrator shall have authority to audit TRS providers reporting
   data to the administrator. The formulas should appropriately compensate
   interstate  providers  for the provision of VRS, whether intrastate or
   interstate.

   (F) TRS providers eligible for receiving payments from the TRS Fund are:

   ( 1 ) TRS facilities operated under contract with and/or by certified state
   TRS programs pursuant to  Sec. 64.606; or

   ( 2 ) TRS facilities owned by or operated under contract with a common
   carrier providing interstate services operated pursuant to  Sec. 64.604; or

   ( 3 ) Interstate common carriers offering TRS pursuant to  Sec. 64.604; or

   ( 4 ) Video Relay Service (VRS) and Internet Protocol (IP) Relay providers
   certified by the Commission pursuant to  Sec. 64.606.

   (G) Any eligible TRS provider as defined in paragraph (c)(5)(iii)(F) of this
   section shall notify the administrator of its intent to participate in the
   TRS Fund thirty (30) days prior to submitting reports of TRS interstate
   minutes of use in order to receive payment settlements for interstate TRS,
   and failure to file may exclude the TRS provider from eligibility for the
   year.

   (H)  Administrator reporting, monitoring, and filing requirements. The
   administrator shall perform all filing and reporting functions required in
   paragraphs  (c)(5)(iii)(A) through (c)(5)(iii)(J) of this section. TRS
   payment formulas and revenue requirements shall be filed with the Commission
   on  May  1  of  each  year,  to be effective the following July 1. The
   administrator shall report annually to the Commission an itemization of
   monthly administrative costs which shall consist of all expenses, receipts,
   and  payments  associated with the administration of the TRS Fund. The
   administrator is required to keep the TRS Fund separate from all other funds
   administered by the administrator, shall file a cost allocation manual (CAM)
   and shall provide the Commission full access to all data collected pursuant
   to the administration of the TRS Fund. The administrator shall account for
   the financial transactions of the TRS Fund in accordance with generally
   accepted  accounting  principles for federal agencies and maintain the
   accounts of the TRS Fund in accordance with the United States Government
   Standard General Ledger. When the administrator, or any independent auditor
   hired by the administrator, conducts audits of providers of services under
   the  TRS program or contributors to the TRS Fund, such audits shall be
   conducted  in  accordance  with generally accepted government auditing
   standards. In administering the TRS Fund, the administrator shall also
   comply with all relevant and applicable federal financial management and
   reporting statutes. The administrator shall establish a non-paid voluntary
   advisory  committee  of persons from the hearing and speech disability
   community,  TRS  users  (voice and text telephone), interstate service
   providers, state representatives, and TRS providers, which will meet at
   reasonable intervals (at least semi-annually) in order to monitor TRS cost
   recovery matters. Each group shall select its own representative to the
   committee. The administrator's annual report shall include a discussion of
   the advisory committee deliberations.

   (I) Information filed with the administrator. The administrator shall keep
   all data obtained from contributors and TRS providers confidential and shall
   not disclose such data in company-specific form unless directed to do so by
   the Commission. Subject to any restrictions imposed by the Chief of the
   Consumer & Governmental Affairs Bureau, the TRS Fund administrator may share
   data obtained from carriers with the administrators of the universal support
   mechanisms  (  See  47 CFR 54.701 of this chapter), the North American
   Numbering Plan administration cost recovery ( See 47 CFR 52.16 of this
   chapter), and the long-term local number portability cost recovery ( See 47
   CFR  52.32  of  this  chapter).  The TRS Fund administrator shall keep
   confidential all data obtained from other administrators. The administrator
   shall not use such data except for purposes of administering the TRS Fund,
   calculating  the  regulatory  fees  of interstate common carriers, and
   aggregating  such  fee  payments for submission to the Commission. The
   Commission shall have access to all data reported to the administrator, and
   authority  to  audit TRS providers. Contributors may make requests for
   Commission nondisclosure of company-specific revenue information under
    Sec. 0.459 of this chapter by so indicating on the Telecommunications Reporting
   Worksheet at the time that the subject data are submitted. The Commission
   shall  make  all decisions regarding nondisclosure of company-specific
   information.

   (J) The administrator's performance and this plan shall be reviewed by the
   Commission after two years.

   (K) All parties providing services or contributions or receiving payments
   under this section are subject to the enforcement provisions specified in
   the  Communications  Act, the Americans with Disabilities Act, and the
   Commission's rules.

   (6) Complaints —(i) Referral of complaint. If a complaint to the Commission
   alleges a violation of this subpart with respect to intrastate TRS within a
   state and certification of the program of such state under  Sec. 64.606 is in
   effect,  the  Commission  shall  refer  such  complaint  to such state
   expeditiously.

   (ii) Intrastate complaints shall be resolved by the state within 180 days
   after  the complaint is first filed with a state entity, regardless of
   whether it is filed with the state relay administrator, a state PUC, the
   relay provider, or with any other state entity.

   (iii) Jurisdiction of Commission. After referring a complaint to a state
   entity under paragraph (c)(6)(i) of this section, or if a complaint is filed
   directly with a state entity, the Commission shall exercise jurisdiction
   over such complaint only if:

   (A) Final action under such state program has not been taken within:

   ( 1 ) 180 days after the complaint is filed with such state entity; or

   ( 2 ) A shorter period as prescribed by the regulations of such state; or

   (B) The Commission determines that such state program is no longer qualified
   for certification under  Sec. 64.606.

   (iv) The Commission shall resolve within 180 days after the complaint is
   filed with the Commission any interstate TRS complaint alleging a violation
   of  section 225 of the Act or any complaint involving intrastate relay
   services in states without a certified program. The Commission shall resolve
   intrastate complaints over which it exercises jurisdiction under paragraph
   (c)(6)(iii) of this section within 180 days.

   (v) Complaint procedures. Complaints against TRS providers for alleged
   violations of this subpart may be either informal or formal.

   (A)  Informal  complaints  —(  1  ) Form. An informal complaint may be
   transmitted to the Consumer & Governmental Affairs Bureau by any reasonable
   means, such as letter, facsimile transmission, telephone (voice/TRS/TTY),
   Internet  e-mail,  or  some other method that would best accommodate a
   complainant's hearing or speech disability.

   ( 2 ) Content. An informal complaint shall include the name and address of
   the complainant; the name and address of the TRS provider against whom the
   complaint  is  made; a statement of facts supporting the complainant's
   allegation that the TRS provided it has violated or is violating section 225
   of the Act and/or requirements under the Commission's rules; the specific
   relief or satisfaction sought by the complainant; and the complainant's
   preferred format or method of response to the complaint by the Commission
   and the defendant TRS provider (such as letter, facsimile transmission,
   telephone (voice/TRS/TTY), Internet e-mail, or some other method that would
   best accommodate the complainant's hearing or speech disability).

   ( 3 ) Service; designation of agents. The Commission shall promptly forward
   any  complaint  meeting the requirements of this subsection to the TRS
   provider named in the complaint. Such TRS provider shall be called upon to
   satisfy or answer the complaint within the time specified by the Commission.
   Every TRS provider shall file with the Commission a statement designating an
   agent  or agents whose principal responsibility will be to receive all
   complaints,  inquiries,  orders,  decisions,  and  notices  and  other
   pronouncements forwarded by the Commission. Such designation shall include a
   name or department designation, business address, telephone number (voice
   and TTY), facsimile number and, if available, internet e-mail address.

   (B) Review and disposition of informal complaints. ( 1 ) Where it appears
   from  the TRS provider's answer, or from other communications with the
   parties, that an informal complaint has been satisfied, the Commission may,
   in  its discretion, consider the matter closed without response to the
   complainant or defendant. In all other cases, the Commission shall inform
   the parties of its review and disposition of a complaint filed under this
   subpart. Where practicable, this information shall be transmitted to the
   complainant and defendant in the manner requested by the complainant (e.g.,
   letter, facsmile transmission, telephone (voice/TRS/TTY) or Internet e-mail.

   (  2  ) A complainant unsatisfied with the defendant's response to the
   informal complaint and the staff's decision to terminate action on the
   informal complaint may file a formal complaint with the Commission pursuant
   to paragraph (c)(6)(v)(C) of this section.

   (C) Formal complaints. A formal complaint shall be in writing, addressed to
   the    Federal    Communications   Commission,   Enforcement   Bureau,
   Telecommunications  Consumer  Division, Washington, DC 20554 and shall
   contain:

   ( 1 ) The name and address of the complainant,

   ( 2 ) The name and address of the defendant against whom the complaint is
   made,

   ( 3 ) A complete statement of the facts, including supporting data, where
   available, showing that such defendant did or omitted to do anything in
   contravention of this subpart, and

   ( 4 ) The relief sought.

   (D) Amended complaints. An amended complaint setting forth transactions,
   occurrences or events which have happened since the filing of the original
   complaint and which relate to the original cause of action may be filed with
   the Commission.

   (E) Number of copies. An original and two copies of all pleadings shall be
   filed.

   (F) Service. ( 1 ) Except where a complaint is referred to a state pursuant
   to  Sec. 64.604(c)(6)(i), or where a complaint is filed directly with a state
   entity, the Commission will serve on the named party a copy of any complaint
   or amended complaint filed with it, together with a notice of the filing of
   the complaint. Such notice shall call upon the defendant to satisfy or
   answer the complaint in writing within the time specified in said notice of
   complaint.

   ( 2 ) All subsequent pleadings and briefs shall be served by the filing
   party  on  all  other parties to the proceeding in accordance with the
   requirements of  Sec. 1.47 of this chapter. Proof of such service shall also be
   made in accordance with the requirements of said section.

   (G) Answers to complaints and amended complaints. Any party upon whom a copy
   of a complaint or amended complaint is served under this subpart shall serve
   an answer within the time specified by the Commission in its notice of
   complaint. The answer shall advise the parties and the Commission fully and
   completely of the nature of the defense and shall respond specifically to
   all material allegations of the complaint. In cases involving allegations of
   harm, the answer shall indicate what action has been taken or is proposed to
   be taken to stop the occurrence of such harm. Collateral or immaterial
   issues shall be avoided in answers and every effort should be made to narrow
   the issues. Matters alleged as affirmative defenses shall be separately
   stated and numbered. Any defendant failing to file and serve an answer
   within the time and in the manner prescribed may be deemed in default.

   (H) Replies to answers or amended answers. Within 10 days after service of
   an answer or an amended answer, a complainant may file and serve a reply
   which shall be responsive to matters contained in such answer or amended
   answer and shall not contain new matter. Failure to reply will not be deemed
   an admission of any allegation contained in such answer or amended answer.

   (I) Defective pleadings. Any pleading filed in a complaint proceeding that
   is not in substantial conformity with the requirements of the applicable
   rules in this subpart may be dismissed.

   (7) Treatment of TRS customer information. Beginning on July 21, 2000, all
   future contracts between the TRS administrator and the TRS vendor shall
   provide for the transfer of TRS customer profile data from the outgoing TRS
   vendor to the incoming TRS vendor. Such data must be disclosed in usable
   form at least 60 days prior to the provider's last day of service provision.
   Such data may not be used for any purpose other than to connect the TRS user
   with the called parties desired by that TRS user. Such information shall not
   be sold, distributed, shared or revealed in any other way by the relay
   center or its employees, unless compelled to do so by lawful order.

   [ 65 FR 38436 , June 21, 2000, as amended at  65 FR 54804 , Sept. 11, 2000;  67 FR 13229 , Mar. 21, 2002;  68 FR 50977 , Aug. 25, 2003;  69 FR 5719 , Feb. 6,
   2004;  69 FR 53351 , Sept. 1, 2004;  69 FR 55985 , Sept. 17, 2004;  69 FR 57231 ,
   Sept. 24, 2004;  70 FR 51658 , Aug. 31, 2005;  70 FR 76215 , Dec. 23, 2005;  72 FR 43559 , Aug. 6, 2007;  73 FR 3202 , Jan. 17, 2008;  73 FR 21252 , Apr. 21,
   2008;  73 FR 21258 , Apr. 21, 2008]