Goto Section: 64.603 | 64.605 | Table of Contents
FCC 64.604
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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 shall stay with
the call for a minimum of ten minutes. CAs answering and placing an STS call
shall stay with the call for a minimum of twenty minutes. The minimum time
period shall begin to run when the CA reaches the called party. The
obligation of the CA to stay with the call shall terminate upon the earlier
of:
(A) The termination of the call by one of the parties to the call; or
(B) The completion of the minimum time period.
(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.
(viii) STS providers shall offer STS users the option to have their voices
muted so that the other party to the call will hear only the CA and will not
hear the STS user's voice.
(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.
Providers of Internet-based TRS need not provide the same billing options
(e.g., sent-paid long distance, operator-assisted, collect, and third party
billing) traditionally offered for wireline voice services if they allow for
long distance calls to be placed using calling cards or credit cards or do
not assess charges for long distance calling. Providers of Internet-based
TRS need not allow for long distance calls to be placed using calling cards
or credit cards if they do not assess charges for long distance calling.
(iii) Relay service providers are permitted to decline to complete a call
because credit authorization is denied.
(iv) Relay services other than Internet-based TRS shall be capable of
handling pay-per-call calls.
(v) TRS providers are required to provide the following types of TRS calls:
(A) Text-to-voice and voice-to-text;
(B) One-line VCO, two-line VCO, VCO-to-TTY, and VCO-to-VCO; and
(C) One-line HCO, two-line HCO, HCO-to-TTY, HCO-to-HCO. VRS providers are
not required to provide text-to-voice and voice-to-text functionality. IP
Relay providers are not required to provide one-line VCO and one-line HCO.
IP Relay providers and VRS providers are not required to provide:
(1) VCO-to-TTY and VCO-to-VCO; and
(2) HCO-to-TTY and HCO-to-HCO. Captioned telephone service providers and IP
CTS providers are not required to provide:
(i) Text-to-voice functionality; and
(ii) One-line HCO, two-line HCO, HCO-to-TTY, and HCO-to-HCO. IP CTS
providers are not required to provide one-line VCO.
(vi) TRS providers are required to provide the following features:
(A) Call release functionality (only with respect to the provision of
TTY-based relay service);
(B) Speed dialing functionality; and
(C) 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.
(6) 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.
(7) 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.
(b) Technical standards—(1) ASCII and Baudot. TTY-based relay service shall
be capable of communicating with ASCII and Baudot format, at any speed
generally in use. Other forms of TRS are not subject to this requirement.
(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. (A) Speed of answer
requirements for VRS providers are phased-in as follows:
(1) By January 1, 2007, VRS providers must answer 80% of all VRS calls
within 120 seconds, measured on a monthly basis;
(2) By January 1, 2014, VRS providers must answer 85% of all VRS calls
within 60 seconds, measured on a daily basis; and
(3) By July 1, 2014, VRS providers must answer 85% of all VRS calls within
30 seconds, measured on a daily basis. Abandoned calls shall be included in
the VRS speed of answer calculation.
(B) VRS CA service providers must meet the speed of answer requirements for
VRS providers as measured from the time a VRS call reaches facilities
operated by the VRS CA service provider.
(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. This requirement is inapplicable to providers of Internet-based TRS
if they do not assess specific charges for long distance calling.
(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.
(iii) A VRS CA may not relay calls from a location primarily used as his or
her home.
(iv) A VRS provider leasing or licensing an automatic call distribution
(ACD) platform must have a written lease or license agreement. Such lease or
license agreement may not include any revenue sharing agreement or
compensation based upon minutes of use. In addition, if any such lease is
between two eligible VRS providers, the lessee or licensee must locate the
ACD platform on its own premises and must utilize its own employees to
manage the ACD platform. VRS CA service providers are not required to have a
written lease or licensing agreement for an ACD if they obtain that function
from the Neutral Video Communication Service Platform.
(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.
(7) STS 711 Calls. An STS provider shall, at a minimum, employ the same
means of enabling an STS user to connect to a CA when dialing 711 that the
provider uses for all other forms of TRS. When a CA directly answers an
incoming 711 call, the CA shall transfer the STS user to an STS CA without
requiring the STS user to take any additional steps. When an interactive
voice response (IVR) system answers an incoming 711 call, the IVR system
shall allow for an STS user to connect directly to an STS CA using the same
level of prompts as the IVR system uses for all other forms of TRS.
(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 § 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 (including interconnected VoIP service providers pursuant to
§ 64.601(b)) and every provider of non-interconnected VoIP service shall
contribute to the TRS Fund on the basis of interstate end-user 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' contributions 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 the contributors' revenues subject to contribution. 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 contributor that has revenues subject to contribution must
contribute at least $25 per year. Contributors whose annual contributions
total less than $1,200 must pay the entire contribution at the beginning of
the contribution period. Contributors whose contributions total $1,200 or
more may divide their contributions into equal monthly payments.
Contributors shall complete and submit, and contributions shall be based on,
a “Telecommunications Reporting Worksheet” (as published by the Commission
in the Federal 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 and 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) Registration Requirements for Providers of Non-Interconnected VoIP
Service—(1)Applicability. A non-interconnected VoIP service provider that
will provide interstate service that generates interstate end-user revenue
that is subject to contribution to the Telecommunications Relay Service Fund
shall file the registration information described in paragraph
(c)(5)(iii)(C)(2) of this section in accordance with the procedures
described in paragraphs (c)(5)(iii)(C)(3) and (c)(5)(iii)(C)(4) of this
section. Any non-interconnected VoIP service provider already providing
interstate service that generates interstate end-user revenue that is
subject to contribution to the Telecommunications Relay Service Fund on the
effective date of these rules shall submit the relevant portion of its FCC
Form 499-A in accordance with paragraphs (c)(5)(iii)(C)(2) and (3) of this
section.
(2) Information required for purposes of TRS Fund contributions. A
non-interconnected VoIP service provider that is subject to the registration
requirement pursuant to paragraph (c)(5)(iii)(C)(1) of this section shall
provide the following information:
(i) The provider's business name(s) and primary address;
(ii) The names and business addresses of the provider's chief executive
officer, chairman, and president, or, in the event that a provider does not
have such executives, three similarly senior-level officials of the
provider;
(iii) The provider's regulatory contact and/or designated agent;
(iv) All names that the provider has used in the past; and
(v) The state(s) in which the provider provides such service.
(3) Submission of registration. A provider that is subject to the
registration requirement pursuant to paragraph (c)(5)(iii)(C)(1) of this
section shall submit the information described in paragraph
(c)(5)(iii)(C)(2) of this section in accordance with the Instructions to FCC
Form 499-A. FCC Form 499-A must be submitted under oath and penalty of
perjury.
(4) Changes in information. A provider must notify the Commission of any
changes to the information provided pursuant to paragraph (c)(5)(iii)(C)(2)
of this section within no more than one week of the change. Providers may
satisfy this requirement by filing the relevant portion of FCC Form 499-A in
accordance with the Instructions to such form.
(D) Data collection and audits. (1) TRS providers seeking compensation from
the TRS Fund shall provide the administrator with true and adequate data,
and other historical, projected and state rate related information
reasonably requested to determine the 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
investment in general in 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.
(2) Call data required from all TRS providers. In addition to the data
requested by paragraph (c)(5)(iii)(C)(1) of this section, TRS providers
seeking compensation from the TRS Fund shall submit the following specific
data associated with each TRS call for which compensation is sought:
(i) The call record ID sequence;
(ii) CA ID number;
(iii) Session start and end times noted at a minimum to the nearest second;
(iv) Conversation start and end times noted at a minimum to the nearest
second;
(v) Incoming telephone number and IP address (if call originates with an
IP-based device) at the time of the call;
(vi) Outbound telephone number (if call terminates to a telephone) and IP
address (if call terminates to an IP-based device) at the time of call;
(vii) Total conversation minutes;
(viii) Total session minutes;
(ix) The call center (by assigned center ID number) that handled the call;
and
(x) The URL address through which the call is initiated.
(3) Additional call data required from Internet-based Relay Providers. In
addition to the data required by paragraph (c)(5)(iii)(C)(2) of this
section, Internet-based Relay Providers seeking compensation from the Fund
shall submit speed of answer compliance data.
(4) Providers submitting call record and speed of answer data in compliance
with paragraphs (c)(5)(iii)(C)(2) and (c)(5)(iii)(C)(3) of this section
shall:
(i) Employ an automated record keeping system to capture such data required
pursuant to paragraph (c)(5)(iii)(C)(2) of this section for each TRS call
for which minutes are submitted to the fund administrator for compensation;
and
(ii) Submit such data electronically, in a standardized format. For purposes
of this subparagraph, an automated record keeping system is a system that
captures data in a computerized and electronic format that does not allow
human intervention during the call session for either conversation or
session time.
(5) Certification. The chief executive officer (CEO), chief financial
officer (CFO), or other senior executive of a TRS provider with first hand
knowledge of the accuracy and completeness of the information provided, when
submitting a request for compensation from the TRS Fund must, with each such
request, certify as follows:
I swear under penalty of perjury that:
(i) I am ______ (name and title)______, an officer of the above-named
reporting entity and that I have examined the foregoing reports and that all
requested information has been provided and all statements of fact, as well
as all cost and demand data contained in this Relay Services Data Request,
are true and accurate; and
(ii) The TRS calls for which compensation is sought were handled in
compliance with Section 225 of the Communications Act and the Commission's
rules and orders, and are not the result of impermissible financial
incentives or payments to generate calls.
(6) Audits. The fund administrator and the Commission, including the Office
of Inspector General, shall have the authority to examine and verify TRS
provider data as necessary to assure the accuracy and integrity of TRS Fund
payments. TRS providers must submit to audits annually or at times
determined appropriate by the Commission, the fund administrator, or by an
entity approved by the Commission for such purpose. A TRS provider that
fails to submit to a requested audit, or fails to provide documentation
necessary for verification upon reasonable request, will be subject to an
automatic suspension of payment until it submits to the requested audit or
provides sufficient documentation.
(7) Call data record retention. Internet-based TRS providers shall retain
the data required to be submitted by this section, and all other call detail
records, other records that support their claims for payment from the TRS
Fund, and records used to substantiate the costs and expense data submitted
in the annual relay service data request form, in an electronic format that
is easily retrievable, for a minimum of five years.
(E) Payments to TRS providers. (1) 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. The formulas should appropriately compensate interstate
providers for the provision of TRS, whether intrastate or interstate.
(2) 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.
(3) 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.
(4) 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 this section, 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 47 CFR parts 32 and 36 procedures
reasonably tailored to meet the needs of TRS providers.
(5) 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.
(6) The administrator shall not be obligated to pay any request for
compensation until it has been established as compensable. A request shall
be established as compensable only after the administrator, in consultation
with the Commission, or the Commission determines that the provider has met
its burden to demonstrate that the claim is compensable under applicable
Commission rules and the procedures established by the administrator. Any
request for compensation for which payment has been suspended or withheld in
accordance with paragraph (c)(5)(iii)(L) of this section shall not be
established as compensable until the administrator, in consultation with the
Commission, or the Commission determines that the request is compensable in
accordance with paragraph (c)(5)(iii)(L)(4) of this section.
(F) Eligibility for payment from the TRS Fund. (1) TRS providers, except
Internet-based TRS providers, eligible for receiving payments from the TRS
Fund must be:
(i) TRS facilities operated under contract with and/or by certified state
TRS programs pursuant to § 64.606; or
(ii) TRS facilities owned or operated under contract with a common carrier
providing interstate services operated pursuant to this section; or
(iii) Interstate common carriers offering TRS pursuant to this section.
(2) Internet-based TRS providers eligible for receiving payments from the
TRS fund must be certified by the Commission pursuant to § 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 Chief Executive Officer
(CEO), Chief Financial Officer (CFO), or other senior executive of a
provider submitting minutes to the Fund for compensation must, in each
instance, certify, under penalty of perjury, that the minutes were handled
in compliance with section 225 and the Commission's rules and orders, and
are not the result of impermissible financial incentives or payments to
generate calls. The CEO, CFO, or other senior executive of a provider
submitting cost and demand data to the TRS Fund administrator shall certify
under penalty of perjury that such information is true and correct. 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 and Governmental Affairs Bureau, the
TRS Fund administrator may share data obtained from carriers with the
administrators of the universal support mechanisms (see § 54.701 of this
chapter), the North American Numbering Plan administration cost recovery
(see § 52.16 of this chapter), and the long-term local number portability
cost recovery (see § 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
§ 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) [Reserved]
(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.
(L) Procedures for the suspension/withholding of payment. (1) The Fund
administrator will continue the current practice of reviewing monthly
requests for compensation of TRS minutes of use within two months after they
are filed with the Fund administrator.
(2) If the Fund administrator in consultation with the Commission, or the
Commission on its own accord, determines that payments for certain minutes
should be withheld, a TRS provider will be notified within two months from
the date for the request for compensation was filed, as to why its claim for
compensation has been withheld in whole or in part. TRS providers then will
be given two additional months from the date of notification to provide
additional justification for payment of such minutes of use. Such
justification should be sufficiently detailed to provide the Fund
administrator and the Commission the information needed to evaluate whether
the minutes of use in dispute are compensable. If a TRS provider does not
respond, or does not respond with sufficiently detailed information within
two months after notification that payment for minutes of use is being
withheld, payment for the minutes of use in dispute will be denied
permanently.
(3) If, the TRS provider submits additional justification for payment of the
minutes of use in dispute within two months after being notified that its
initial justification was insufficient, the Fund administrator or the
Commission will review such additional justification documentation, and may
ask further questions or conduct further investigation to evaluate whether
to pay the TRS provider for the minutes of use in dispute, within eight
months after submission of such additional justification.
(4) If the provider meets its burden to establish that the minutes in
question are compensable under the Commission's rules, the Fund
administrator will compensate the provider for such minutes of use. Any
payment by the Commission will not preclude any future action by either the
Commission or the U.S. Department of Justice to recover past payments
(regardless of whether the payment was the subject of withholding) if it is
determined at any time that such payment was for minutes billed to the
Commission in violation of the Commission's rules or any other civil or
criminal law.
(5) If the Commission determines that the provider has not met its burden to
demonstrate that the minutes of use in dispute are compensable under the
Commission's rules, payment will be permanently denied. The Fund
administrator or the Commission will notify the provider of this decision
within one year of the initial request for payment.
(M) Whistleblower protections. Providers shall not take any reprisal in the
form of a personnel action against any current or former employee or
contractor who discloses to a designated manager of the provider, the
Commission, the TRS Fund administrator or to any Federal or state law
enforcement entity, any information that the reporting person reasonably
believes evidences known or suspected violations of the Communications Act
or TRS regulations, or any other activity that the reporting person
reasonably believes constitutes waste, fraud, or abuse, or that otherwise
could result in the improper billing of minutes of use to the TRS Fund and
discloses that information to a designated manager of the provider, the
Commission, the TRS Fund administrator or to any Federal or state law
enforcement entity. Providers shall provide an accurate and complete
description of these TRS whistleblower protections, including the right to
notify the FCC's Office of Inspector General or its Enforcement Bureau, to
all employees and contractors, in writing. Providers that already
disseminate their internal business policies to its employees in writing
(e.g. in employee handbooks, policies and procedures manuals, or bulletin
board postings—either online or in hard copy) must include an accurate and
complete description of these TRS whistleblower protections in those written
materials.
(N) In addition to the provisions set forth above, VRS providers shall be
subject to the following provisions:
(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) An eligible VRS provider may not contract with or otherwise authorize
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 provider, or the eligible VRS provider is a
VRS CA service provider and the authorized third party is the provider of
the Neutral Video Communication Service Platform, except that a VRS CA
service provider may not contract with or otherwise authorize the provider
of the Neutral Video Communication Service Platform to perform billing on
its behalf.
(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 e-mail 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.
(3) Compensation of CAs. VRS providers may not compensate, give a
preferential work schedule or otherwise benefit a CA 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.
(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.
(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 § 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 § 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
§ 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 § 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.
(8) Incentives for use of IP CTS. (i) An IP CTS provider shall not offer or
provide to any person or entity that registers to use IP CTS any form of
direct or indirect incentives, financial or otherwise, to register for or
use IP CTS.
(ii) An IP CTS provider shall not offer or provide to a hearing health
professional any direct or indirect incentives, financial or otherwise, that
are tied to a consumer's decision to register for or use IP CTS. Where an IP
CTS provider offers or provides IP CTS equipment, directly or indirectly, to
a hearing health professional, and such professional makes or has the
opportunity to make a profit on the sale of the equipment to consumers, such
IP CTS provider shall be deemed to be offering or providing a form of
incentive tied to a consumer's decision to register for or use IP CTS.
(iii) Joint marketing arrangements between IP CTS providers and hearing
health professionals shall be prohibited.
(iv) For the purpose of this paragraph (c)(8), a hearing health professional
is any medical or non-medical professional who advises consumers with regard
to hearing disabilities.
(v) Any IP CTS provider that does not comply with this paragraph (c)(8)
shall be ineligible for compensation for such IP CTS from the TRS Fund.
(9) IP CTS registration and certification requirements. (i) IP CTS providers
must first obtain the following registration information from each consumer
prior to requesting compensation from the TRS Fund for service provided to
the consumer. The consumer's full name, date of birth, last four digits of
the consumer's social security number, address and telephone number.
(ii) Self-certification prior to August 28, 2014. IP CTS providers, in order
to be eligible to receive compensation from the TRS Fund for providing IP
CTS, also must first obtain a written certification from the consumer, and
if obtained prior to August 28, 2014, such written certification shall
attest that the consumer needs IP CTS to communicate in a manner that is
functionally equivalent to the ability of a hearing individual to
communicate using voice communication services. The certification must
include the consumer's certification that:
(A) The consumer has a hearing loss that necessitates IP CTS to communicate
in a manner that is functionally equivalent to communication by conventional
voice telephone users;
(B) The consumer understands that the captioning service is provided by a
live communications assistant; and
(C) The consumer understands that the cost of IP CTS is funded by the TRS
Fund.
(iii) Self-certification on or after August 28, 2014. IP CTS providers must
also first obtain from each consumer prior to requesting compensation from
the TRS Fund for the consumer, a written certification from the consumer,
and if obtained on or after August 28, 2014, such certification shall state
that:
(A) The consumer has a hearing loss that necessitates use of captioned
telephone service;
(B) The consumer understands that the captioning on captioned telephone
service is provided by a live communications assistant who listens to the
other party on the line and provides the text on the captioned phone;
(C) The consumer understands that the cost of captioning each Internet
protocol captioned telephone call is funded through a federal program; and
(D) The consumer will not permit, to the best of the consumer's ability,
persons who have not registered to use Internet protocol captioned telephone
service to make captioned telephone calls on the consumer's registered IP
captioned telephone service or device.
(iv) The certification required by paragraphs (c)(9)(ii) and (iii) of this
section must be made on a form separate from any other agreement or form,
and must include a separate consumer signature specific to the
certification. Beginning on August 28, 2014, such certification shall be
made under penalty of perjury. For purposes of this rule, an electronic
signature, defined by the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. 7001 et seq., as an electronic sound, symbol, or
process, attached to or logically associated with a contract or other record
and executed or adopted by a person with the intent to sign the record, has
the same legal effect as a written signature.
(v) Third-party certification prior to August 28, 2014. Where IP CTS
equipment is or has been obtained by a consumer from an IP CTS provider,
directly or indirectly, at no charge or for less than $75 and the consumer
was registered in accordance with the requirements of paragraph (c)(9) of
this section prior to August 28, 2014, the IP CTS provider must also obtain
from each consumer prior to requesting compensation from the TRS Fund for
the consumer, written certification provided and signed by an independent
third-party professional, except as provided in paragraph (c)(9)(xi) of this
section.
(vi) To comply with paragraph (c)(9)(v) of this section, the independent
professional providing certification must:
(A) Be qualified to evaluate an individual's hearing loss in accordance with
applicable professional standards, and may include, but are not limited to,
community-based social service providers, hearing related professionals,
vocational rehabilitation counselors, occupational therapists, social
workers, educators, audiologists, speech pathologists, hearing instrument
specialists, and doctors, nurses and other medical or health professionals;
(B) Provide his or her name, title, and contact information, including
address, telephone number, and email address; and
(C) Certify in writing that the IP CTS user is an individual with hearing
loss who needs IP CTS to communicate in a manner that is functionally
equivalent to telephone service experienced by individuals without hearing
disabilities.
(vii) Third-party certification on or after August 28, 2014. Where IP CTS
equipment is or has been obtained by a consumer from an IP CTS provider,
directly or indirectly, at no charge or for less than $75, the consumer (in
cases where the equipment was obtained directly from the IP CTS provider)
has not subsequently paid $75 to the IP CTS provider for the equipment prior
to the date the consumer is registered to use IP CTS, and the consumer is
registered in accordance with the requirements of paragraph (c)(9) of this
section on or after August 28, 2014, the IP CTS provider must also, prior to
requesting compensation from the TRS Fund for service to the consumer,
obtain from each consumer written certification provided and signed by an
independent third-party professional, except as provided in paragraph
(c)(9)(xi) of this section.
(viii) To comply with paragraph (c)(9)(vii) of this section, the independent
third-party professional providing certification must:
(A) Be qualified to evaluate an individual's hearing loss in accordance with
applicable professional standards, and must be either a physician,
audiologist, or other hearing related professional. Such professional shall
not have been referred to the IP CTS user, either directly or indirectly, by
any provider of TRS or any officer, director, partner, employee, agent,
subcontractor, or sponsoring organization or entity (collectively
“affiliate”) of any TRS provider. Nor shall the third party professional
making such certification have any business, family or social relationship
with the TRS provider or any affiliate of the TRS provider from which the
consumer is receiving or will receive service.
(B) Provide his or her name, title, and contact information, including
address, telephone number, and email address.
(C) Certify in writing, under penalty of perjury, that the IP CTS user is an
individual with hearing loss that necessitates use of captioned telephone
service and that the third party professional understands that the
captioning on captioned telephone service is provided by a live
communications assistant and is funded through a federal program.
(ix) In instances where the consumer has obtained IP CTS equipment from a
local, state, or federal governmental program, the consumer may present
documentation to the IP CTS provider demonstrating that the equipment was
obtained through one of these programs, in lieu of providing an independent,
third-party certification under paragraphs (c)(9)(v) and (vii) of this
section.
(x) Each IP CTS provider shall maintain records of any registration and
certification information for a period of at least five years after the
consumer ceases to obtain service from the provider and shall maintain the
confidentiality of such registration and certification information, and may
not disclose such registration and certification information or the content
of such registration and certification information except as required by law
or regulation.
(xi) IP CTS providers must obtain registration information and certification
of hearing loss from all IP CTS users who began receiving service prior to
March 7, 2013, within 180 days following August 28, 2014. Notwithstanding
any other provision of paragraph (c)(9) of this section, IP CTS providers
shall be compensated for compensable minutes of use generated prior to
February 24, 2015 by any such users, but shall not receive compensation for
minutes of IP CTS use generated on or after February 24, 2015 by any IP CTS
user who has not been registered.
(10) IP CTS settings. Each IP CTS provider shall ensure that each IP CTS
telephone they distribute, directly or indirectly, shall include a button,
icon, or other comparable feature that is easily operable and requires only
one step for the consumer to turn on captioning.
(11)(i)[Reserved]
(ii) No person shall use IP CTS equipment or software with the captioning
on, unless:
(A) Such person is registered to use IP CTS pursuant to paragraph (c)(9) of
this section; or
(B) Such person was an existing IP CTS user as of March 7, 2013, and either
paragraph (c)(9)(xi) of this section is not yet in effect or the
registration deadline in paragraph (c)(9)(xi) of this section has not yet
passed.
(iii) IP CTS providers shall ensure that any newly distributed IP CTS
equipment has a label on its face in a conspicuous location with the
following language in a clearly legible font: “FEDERAL LAW PROHIBITS ANYONE
BUT REGISTERED USERS WITH HEARING LOSS FROM USING THIS DEVICE WITH THE
CAPTIONS ON.” For IP CTS equipment already distributed to consumers by any
IP CTS provider as of July 11, 2014, such provider shall, no later than
August 11, 2014, distribute to consumers equipment labels with the same
language as mandated by this paragraph for newly distributed equipment,
along with clear and specific instructions directing the consumer to attach
such labels to the face of their IP CTS equipment in a conspicuous location.
For software applications on mobile phones, laptops, tablets, computers or
other similar devices, IP CTS providers shall ensure that, each time the
consumer logs into the application, the notification language required by
this paragraph appears in a conspicuous location on the device screen
immediately after log-in.
(iv) IP CTS providers shall maintain, with each consumer's registration
records, records describing any IP CTS equipment provided, directly or
indirectly, to such consumer, stating the amount paid for such equipment,
and stating whether the label required by paragraph (c)(11)(iii) of this
section was affixed to such equipment prior to its provision to the
consumer. For consumers to whom IP CTS equipment was provided directly or
indirectly prior to the effective date of this paragraph (c)(11), such
records shall state whether and when the label required by paragraph
(c)(11)(iii) of this section was distributed to such consumer. Such records
shall be maintained for a minimum period of five years after the consumer
ceases to obtain service from the provider.
(12) 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
(ii) Subject any particular person, class of persons, or locality to any
undue or unreasonable prejudice or disadvantage.
(13) Unauthorized and unnecessary use of VRS. A VRS provider shall not
engage in any practice that causes or encourages, or that the provider knows
or has reason to know will cause or encourage:
(i) False or unverified claims for TRS Fund compensation,
(ii) Unauthorized use of VRS,
(iii) The making of VRS calls that would not otherwise be made, or
(iv) The use of VRS by persons who do not need the service in order to
communicate in a functionally equivalent manner. A VRS provider shall not
seek payment from the TRS Fund for any minutes of service it knows or has
reason to know are resulting from such practices. Any VRS provider that
becomes aware of such practices being or having been committed by any person
shall as soon as practicable report such practices to the Commission or the
TRS Fund administrator.
(14) TRS calls requiring the use of multiple CAs. The following types of
calls that require multiple CAs for their handling are compensable from the
TRS Fund:
(i) VCO-to-VCO calls between multiple captioned telephone relay service
users, multiple IP CTS users, or captioned telephone relay service users and
IP CTS users;
(ii) Calls between captioned telephone relay service or IP CTS users and TTY
service users; and
(iii) Calls between captioned telephone relay service or IP CTS users and
VRS users.
(d) Other standards. The applicable requirements of § § 64.605, 64.611,
64.615, 64.617, 64.621, 64.631, 64.632, 64.5105, 64.5107, 64.5108, 64.5109,
and 64.5110 of this part are to be considered mandatory minimum standards.
[ 65 FR 38436 , June 21, 2000]
Editorial Note: For Federal Register citations affecting § 64.604, see the
List of CFR Sections Affected, which appears in the Finding Aids section of
the printed volume and at www.fdsys.gov.
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