Goto Section: 64.605 | 64.607 | Table of Contents
FCC 64.606
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 64.606 Internet-based TRS 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
the Federal Register.
(2) Internet-based TRS provider. Any entity desiring to provide
Internet-based TRS and to receive compensation from the Interstate TRS Fund,
shall submit documentation to the Commission addressed to the Federal
Communications Commission, Chief, Consumer and Governmental Affairs Bureau,
TRS Certification Program, Washington, DC 20554, and captioned
“Internet-based TRS Certification Application.” The documentation shall
include, in narrative form:
(i) A description of the forms of Internet-based TRS to be provided (i.e.,
VRS, IP Relay, and/or IP captioned telephone relay service);
(ii) A detailed description of how the applicant will meet all non-waived
mandatory minimum standards applicable to each form of TRS offered,
including documentary and other evidence, and in the case of VRS, such
documentary and other evidence shall demonstrate that the applicant leases,
licenses or has acquired its own facilities and operates such facilities
associated with TRS call centers and employs communications assistants, on a
full or part-time basis, to staff such call centers at the date of the
application. Such evidence shall include, but not be limited to:
(A) In the case of VRS applicants or providers,
(1) Operating five or fewer call centers within the United States, a copy of
each deed or lease for each call center operated by the applicant within the
United States;
(2) Operating more than five call centers within the United States, a copy
of each deed or lease for a representative sampling (taking into account
size (by number of communications assistants) and location) of five call
centers operated by the applicant within the United States, together with a
list of all other call centers that they operate that includes the
information required under § 64.604(c)(5)(iii)(N)(2);
(3) Operating call centers outside of the United States, a copy of each deed
or lease for each call center operated by the applicant outside of the
United States;
(4) A description of the technology and equipment used to support their call
center functions—including, but not limited to, automatic call distribution,
routing, call setup, mapping, call features, billing for compensation from
the TRS Fund, and registration—and for each core function of each call
center for which the applicant must provide a copy of technology and
equipment proofs of purchase, leases or license agreements in accordance
with paragraphs (a)(2)(ii)(A)(5) through (7) of this section, a statement
whether such technology and equipment is owned, leased or licensed (and from
whom if leased or licensed);
(5) Operating five or fewer call centers within the United States, a copy of
each proof of purchase, lease or license agreement for all technology and
equipment used to support their call center functions for each call center
operated by the applicant within the United States;
(6) Operating more than five call centers within the United States, a copy
of each proof of purchase, lease or license agreement for technology and
equipment used to support their call center functions for a representative
sampling (taking into account size (by number of communications assistants)
and location) of five call centers operated by the applicant within the
United States; a copy of each proof of purchase, lease or license agreement
for technology and equipment used to support their call center functions for
all call centers operated by the applicant within the United States must be
retained by the applicant for three years from the date of the application,
and submitted to the Commission upon request;
(7) Operating call centers outside of the United States, a copy of each
proof of purchase, lease or license agreement for all technology and
equipment used to support their call center functions for each call center
operated by the applicant outside of the United States; and
(8) A complete copy of each lease or license agreement for automatic call
distribution.
(B) For all applicants, a list of individuals or entities that hold at least
a 10 percent equity interest in the applicant, have the power to vote 10
percent or more of the securities of the applicant, or exercise de jure or
de facto control over the applicant, a description of the applicant's
organizational structure, and the names of its executives, officers, members
of its board of directors, general partners (in the case of a partnership),
and managing members (in the case of a limited liability company);
(C) For all applicants, a list of the number of applicant's full-time and
part-time employees involved in TRS operations, including and divided by the
following positions: executives and officers; video phone installers (in the
case of VRS), communications assistants, and persons involved in marketing
and sponsorship activities;
(D) For all applicants, copies of employment agreements for all of the
provider's employees directly involved in TRS operations, executives, and
communications assistants, and a list of names of employees directly
involved in TRS operations, need not be submitted with the application, but
must be retained by the applicant for five years from the date of
application, and submitted to the Commission upon request; and
(E) For all applicants, a list of all sponsorship arrangements relating to
Internet-based TRS, including on that list a description of any associated
written agreements; copies of all such arrangements and agreements must be
retained by the applicant for three years from the date of the application,
and submitted to the Commission upon request;
(F) In the case of applicants to provide IP CTS or IP CTS providers, a
description of measures taken by such applicants or providers to ensure that
they do not and will not request or collect payment from the TRS Fund for
service to consumers who do not satisfy the registration and certification
requirements in § 64.604(c)(9), and an explanation of how these measures
provide such assurance.
(iii) A description of the provider's complaint procedures; and
(iv) A statement that the provider will file annual compliance reports
demonstrating continued compliance with these rules.
(v) The chief executive officer (CEO), chief financial officer (CFO), or
other senior executive of an applicant for Internet-based TRS certification
under this section with first hand knowledge of the accuracy and
completeness of the information provided, when submitting an application for
certification under paragraph (a)(2) of this section, must certify as
follows: I swear under penalty of perjury that I am ________(name and
title), ________an officer of the above-named applicant, and that I have
examined the foregoing submissions, and that all information required under
the Commission's rules and orders has been provided and all statements of
fact, as well as all documentation contained in this submission, are true,
accurate, and complete.
(3) Assessment of internet-based TRS provider certification application. In
order to assess the merits of a certification application submitted by an
Internet-based TRS provider, the Commission may conduct one or more on-site
visits of the applicant's premises, to which the applicant must consent.
(4) For the purposes of paragraphs (a)(2)(ii)(A)(4) and (a)(2)(ii)(A)(6) of
this section, VRS CA Service Providers shall, in their description of the
technology and equipment used to support their call center functions,
describe:
(i) How they provide connectivity to the Neutral Video Communication Service
Platform; and
(ii) How they internally route calls to CAs and then back to the Neutral
Video Communication Service Platform. VRS CA service providers need not
describe ACD platform functionality if it is not used for these purposes.
(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 Internet-based TRS Provider FCC certification. After
review of certification documentation, the Commission shall certify, by
Public Notice, that the Internet-based TRS provider is eligible for
compensation from the Interstate TRS Fund if the Commission determines that
the certification documentation:
(i) Establishes that the provision of Internet-based TRS will meet or exceed
all non-waived operational, technical, and functional minimum standards
contained in § 64.604;
(ii) Establishes that the Internet-based TRS 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.
(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) Internet-based TRS Provider FCC certification period. Certification
granted under this section shall remain in effect for five years. An
Internet-based TRS provider applying for renewal of its certification must
file documentation with the Commission containing the information described
in paragraph (a)(2) of this section at least 90 days prior to expiration of
its certification.
(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 Internet-based TRS Provider FCC
certification. The Commission may suspend or revoke the certification of an
Internet-based TRS 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 Internet-based
TRS provider to submit documentation demonstrating ongoing compliance with
the Commission's minimum standards if, for example, the Commission receives
evidence that a certified Internet-based TRS 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. Substantive changes shall
include, but not be limited to:
(i) The use of new equipment or technologies to facilitate the manner in
which relay services are provided;
(ii) Providing services from a new facility not previously identified to the
Commission or the Fund administrator; and
(iii) Discontinuation of service from any facility.
(g) Internet-based TRS providers certified under this section shall file
with the Commission, on an annual basis, a report demonstrating that they
are in compliance with § 64.604.
(1) Such reports must update the information required in paragraph (a)(2) of
this section and include updated documentation and a summary of the updates,
or certify that there are no changes to the information and documentation
submitted with the application for certification, application for renewal of
certification, or the most recent annual report, as applicable.
(2) The chief executive officer (CEO), chief financial officer (CFO), or
other senior executive of an Internet-based TRS provider under this section
with first hand knowledge of the accuracy and completeness of the
information provided, when submitting an annual report under paragraph (g)
of this section, must, with each such submission, certify as follows:
I swear under penalty of perjury that I am __________________ (name and
title), an officer of the above-named reporting entity, and that I have
examined the foregoing submissions, and that all information required under
the Commission's rules and orders has been provided and all statements of
fact, as well as all documentation contained in this submission, are true,
accurate, and complete.
(3) Each VRS provider shall include within its annual report a compliance
plan describing the provider's policies, procedures, and practices for
complying with the requirements of § 64.604(c)(13) of this subpart. Such
compliance plan shall include, at a minimum:
(i) Identification of any officer(s) or managerial employee(s) responsible
for ensuring compliance with § 64.604(c)(13) of this subpart;
(ii) A description of any compliance training provided to the provider's
officers, employees, and contractors;
(iii) Identification of any telephone numbers, Web site addresses, or other
mechanisms available to employees for reporting abuses;
(iv) A description of any internal audit processes used to ensure the
accuracy and completeness of minutes submitted to the TRS Fund
administrator; and
(v) A description of all policies and practices that the provider is
following to prevent waste, fraud, and abuse of the TRS Fund. A provider
that fails to file a compliance plan shall not be entitled to compensation
for the provision of VRS during the period of noncompliance.
(4) If, at any time, the Commission determines that a VRS provider's
compliance plan currently on file is inadequate to prevent waste, fraud, and
abuse of the TRS Fund, the Commission shall so notify the provider, shall
explain the reasons the plan is inadequate, and shall direct the provider to
correct the identified defects and submit an amended compliance plan
reflecting such correction within a specified time period not to exceed 60
days. A provider that fails to comply with such directive shall not be
entitled to compensation for the provision of VRS during the period of
noncompliance. A submitted compliance plan shall not be prima facie evidence
of the plan's adequacy; nor shall it be evidence that the provider has
fulfilled its obligations under § 64.604(c)(13) of this subpart.
(h) Unauthorized service interruptions. (1) Each certified VRS provider must
provide Internet-based TRS without unauthorized voluntary service
interruptions.
(2) A VRS provider seeking to voluntarily interrupt service for a period of
30 minutes or more in duration must first obtain Commission authorization by
submitting a written request to the Commission's Consumer and Governmental
Affairs Bureau (CGB) at least 60 days prior to any planned service
interruption, with detailed information of:
(i) Its justification for such interruption;
(ii) Its plan to notify customers about the impending interruption; and
(iii) Its plans for resuming service, so as to minimize the impact of such
disruption on consumers through a smooth transition of temporary service to
another provider, and restoration of its service at the completion of such
interruption. CGB will grant or deny such a request and provide a response
to the provider at least 35 days prior to the proposed interruption, in
order to afford an adequate period of notification to consumers. In
evaluating such a request, CGB will consider such factors as the length of
time of the proposed interruption, the reason for such interruption, the
frequency with which such requests have been made by the provider in the
past, the potential impact of the interruption on consumers, and the
provider's plans for a smooth service restoration.
(3) In the event of an unforeseen service interruption due to circumstances
beyond an Internet-based TRS service provider's control, or in the event of
a VRS provider's voluntary service interruption of less than 30 minutes in
duration, the provider must submit a written notification to CGB within two
business days of the commencement of the service interruption, with an
explanation of when and how the provider has restored service or the
provider's plan to do so imminently. In the event the provider has not
restored service at the time such report is filed, the provider must submit
a second report within two business days of the restoration of service with
an explanation of when and how the provider has restored service. The
provider also must provide notification of service outages covered by this
paragraph to consumers on an accessible Web site, and that notification of
service status must be updated in a timely manner.
(4) A VRS provider that fails to obtain prior Commission authorization for a
voluntary service interruption or fails to provide written notification
after a voluntary service interruption of less than 30 minutes in duration,
or an Internet-based TRS provider that fails to provide written notification
after the commencement of an unforeseen service interruption due to
circumstances beyond the provider's control in accordance with this
subsection, may be subject to revocation of certification, suspension of
payment from the TRS Fund, or other enforcement action by the Commission, as
appropriate.
[ 70 FR 76215 , Dec. 23, 2005. Redesignated at 73 FR 21259 , Apr. 21, 2008; 76 FR 24402 , May 2, 2011; 76 FR 47474 , 47477, Aug. 5, 2011; 76 FR 67073 , Oct.
31, ;77 2011 FR 33662 , June 7, 2012; 78 FR 40608 , July 5, 2013; 78 FR 53694 ,
Aug. 30, 2013]
Effective Date Note: At 78 FR 53694 , Aug. 30, 2013, § 64.606 was amended by
adding paragraph (a)(2)(ii)(F). This paragraph contains information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
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Goto Year: 2014 |
2016
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