§  64.606   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
   § 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 § 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 § 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 § 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 § 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 § 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 § 64.604.

   [ 70 FR 76215 , Dec. 23, 2005. Redesignated at  73 FR 21259 , Apr. 21,
   2008]