§ 64.611   Internet-based TRS registration.

   (a) Default provider registration. Every provider of VRS or IP Relay
   must, no later than December 31, 2008, provide users with the
   capability to register with that VRS or IP Relay provider as a “default
   provider.” Upon a user's registration, the VRS or IP Relay provider
   shall:

   (1) Either:

   (i) Facilitate the user's valid number portability request as set forth
   in 47 CFR 52.34; or, if the user does not wish to port a number,

   (ii) Assign that user a geographically appropriate North American
   Numbering Plan telephone number; and

   (2) Route and deliver all of that user's inbound and outbound calls
   unless the user chooses to place a call with, or receives a call from,
   an alternate provider.

   (3) Certification of eligibility of VRS users. (i) A VRS provider
   seeking compensation from the TRS Fund for providing VRS to a
   particular user registered with that provider must first obtain a
   written certification from the user, attesting that the user is
   eligible to use VRS.

   (ii) The certification required by paragraph (a)(3)(i) of this section
   must include the user's attestation that:

   (A) The user has a hearing or speech disability; and

   (B) The user understands that the cost of VRS calls is paid for by
   contributions from other telecommunications users to the TRS Fund.

   (iii) The certification required by paragraph (a)(3)(i) of this section
   must be made on a form separate from any other agreement or form, and
   must include a separate user signature specific to the certification.
   For the purposes of this rule, an electronic signature, defined by the
   Electronic Signatures in Global and National Commerce Act, 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. For the purposes of this rule, an electronic
   record, defined by the Electronic Signatures in Global and National
   Commerce Act as a contract or other record created, generated, sent,
   communicated, received, or stored by electronic means, constitutes a
   record.

   (iv) Each VRS provider shall maintain the confidentiality of any
   registration and certification information obtained by the provider,
   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.

   (v) VRS providers must, for existing registered Internet-based TRS
   users, submit the certification required by paragraph (a)(3)(i) of this
   section to the TRS User Registration Database within 60 days of notice
   from the Managing Director that the TRS User Registration Database is
   ready to accept such information.

   (vi) When registering a user that is transferring service from another
   VRS provider, VRS providers shall obtain and submit a properly executed
   certification if a query of the TRS User Registration Database shows a
   properly executed certification has not been filed.

   (vii) VRS providers shall require their CAs to terminate any call which
   does not involve an individual eligible to use VRS due to a hearing or
   speech disability or, pursuant to the provider's policies, the call
   does not appear to be a legitimate VRS call, and VRS providers may not
   seek compensation for such calls from the TRS Fund.

   (4) TRS User Registration Database information. Each VRS provider shall
   collect and transmit to the TRS User Registration Database, in a format
   prescribed by the administrator of the TRS User Registration Database,
   the following information for each of its new and existing registered
   Internet-based TRS users: full name; full residential address;
   ten-digit telephone number assigned in the TRS numbering directory;
   last four digits of the social security number or Tribal Identification
   number, if the registered Internet-based TRS user is a member of a
   Tribal nation and does not have a social security number; date of
   birth; Registered Location; VRS provider name and dates of service
   initiation and termination; a digital copy of the user's
   self-certification of eligibility for VRS and the date obtained by the
   provider; the date on which the user's identification was verified; and
   (for existing users only) the date on which the registered
   Internet-based TRS user last placed a point-to-point or relay call.

   (i) Each VRS provider must obtain, from each new and existing
   registered Internet-based TRS user, consent to transmit the registered
   Internet-based TRS user's information to the TRS User Registration
   Database. Prior to obtaining consent, the VRS provider must describe to
   the registered Internet-based TRS user, using clear, easily understood
   language, the specific information being transmitted, that the
   information is being transmitted to the TRS User Registration Database
   to ensure proper administration of the TRS program, and that failure to
   provide consent will result in the registered Internet-based TRS user
   being denied service. VRS providers must obtain and keep a record of
   affirmative acknowledgment by every registered Internet-based TRS user
   of such consent.

   (ii) VRS providers must, for existing registered Internet-based TRS
   users, submit the information in paragraph (a)(3) of this section to
   the TRS User Registration Database within 60 days of notice from the
   Commission that the TRS User Registration Database is ready to accept
   such information. Calls from or to existing registered Internet-based
   TRS users that have not had their information populated in the TRS User
   Registration Database within 60 days of notice from the Commission that
   the TRS User Registration Database is ready to accept such information
   shall not be compensable.

   (iii) VRS providers must submit the information in paragraph (a)(4) of
   this section upon initiation of service for users registered after 60
   days of notice from the Commission that the TRS User Registration
   Database is ready to accept such information.

   (5) Assignment of iTRS Numbers to Hearing Point-to-Point Video Users.
   (i) Before assigning an iTRS telephone number to a hearing individual,
   a VRS provider shall obtain from such individual, the individual's full
   name, residential address, date of birth, and a written certification,
   attesting that the individual:

   (A) Is proficient in sign language;

   (B) Understands that the iTRS number may be used only for the purpose
   of point-to-point communication over distances with registered VRS
   users; and

   (C) Understands that such iTRS number may not be used to access VRS.

   (ii) Before assigning an iTRS telephone number to a hearing individual,
   a VRS provider also shall obtain the individual's consent to provide
   the information required by this paragraph (a)(5) to the TRS User
   Registration Database. Before obtaining such consent, the VRS provider,
   using clear, easily understood language, shall describe the specific
   information to be provided, explain that the information is provided to
   ensure proper administration of the TRS program and inform the
   individual that failure to provide consent will result in denial of
   service. VRS providers shall obtain and keep a record of affirmative
   acknowledgment of such consent by every hearing point-to-point video
   user to whom an iTRS number is assigned.

   (iii) The certification required by paragraph (a)(5)(i) of this section
   must be made on a form separate from any other agreement or form, and
   must include a separate signature specific to the certification. For
   the purposes of this rule, an electronic signature, defined by the
   Electronic Signatures in Global and National Commerce Act, 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. For the purposes of this rule, an electronic
   record, defined by the Electronic Signatures in Global and National
   Commerce Act as a contract or other record created, generated, sent,
   communicated, received, or stored by electronic means, constitutes a
   record.

   (iv) Before commencing service to any hearing point-to-point video user
   to whom a VRS provider assigns an iTRS number on or after the TRS User
   Registration Database is operational, a VRS provider shall submit to
   the TRS User Registration Database the information listed in paragraph
   (a)(5)(i) of this section and the following additional information:

   (A) The ten-digit telephone number assigned in the TRS Numbering
   Directory to the hearing point-to-point user;

   (B) The VRS provider's name and the date of service initiation; and

   (C) The date on which a ten-digit number was assigned to or removed
   from a hearing point-to-point user.

   (v) For all other hearing point-to-point video users to whom a VRS
   provider has assigned an iTRS number, the VRS provider shall transmit
   the information required by paragraph (a)(5)(iv) of this section within
   60 days after the TRS User Registration Database is operational.

   (vi) Upon the termination of service to any hearing point-to-point
   video user, a VRS provider shall submit to the TRS User Registration
   Database the date of termination of service.

   (vii) A VRS provider shall maintain the confidentiality of the
   information about hearing individuals required by this paragraph (a)(5)
   and may not disclose such information except as required by law or
   regulation.

   (viii) Before commencing service to a hearing point-to-point video user
   who is transferring point-to-point video service from another VRS
   provider, a VRS provider shall notify the TRS User Registration
   Database of such transfer and shall obtain and submit a properly
   executed certification under paragraph (a)(5)(i) of this section.

   (ix) Hearing individuals who are assigned iTRS numbers under this
   paragraph (a)(5) shall not be deemed registered VRS users. VRS
   providers shall not be compensated and shall not seek compensation from
   the TRS Fund for any VRS calls to or from such iTRS numbers.

   (b) Mandatory registration of new users. As of December 31, 2008, VRS
   and IP Relay providers must, prior to the initiation of service for an
   individual that has not previously utilized VRS or IP Relay, register
   that new user as described in paragraph (a) of this section.

   (c) Obligations of default providers and former default providers. (1)
   Default providers must:

   (i) Obtain current routing information, including IP addresses or
   domain names and user names, from their Registered Internet-based TRS
   Users;

   (ii) Provision such information to the TRS Numbering Directory; and

   (iii) Maintain such information in their internal databases and in the
   TRS Numbering Directory.

   (2) Internet-based TRS providers (and, to the extent necessary, their
   Numbering Partners) must:

   (i) Take such steps as are necessary to cease acquiring routing
   information from any VRS, IP Relay, or hearing point-to-point video
   user that ports his or her number to another VRS or IP Relay provider
   or otherwise selects a new default provider;

   (ii) Communicate among themselves as necessary to ensure that:

   (A) Only the default provider provisions routing information to the
   central database; and

   (B) VRS and IP Relay providers other than the default provider are
   aware that they must query the TRS Numbering Directory in order to
   obtain accurate routing information for a particular user of VRS or IP
   Relay.

   (d) Proxy numbers. After December 31, 2008, a VRS or IP Relay provider:

   (1) May not assign or issue a proxy or alias for a NANP telephone
   number to any user; and

   (2) Must cease to use any proxy or alias for a NANP telephone number
   assigned or issued to any Registered Internet-based TRS User.

   (e) Toll free numbers. A VRS or IP Relay provider:

   (1) May not assign or issue a toll free number to any VRS or IP Relay
   user.

   (2) That has already assigned or provided a toll free number to a VRS
   or IP Relay user must, at the VRS or IP Relay user's request,
   facilitate the transfer of the toll free number to a toll free
   subscription with a toll free service provider that is under the direct
   control of the user.

   (3) Must within one year after the effective date of this Order remove
   from the Internet-based TRS Numbering Directory any toll free number
   that has not been transferred to a subscription with a toll free
   service provider and for which the user is the subscriber of record.

   (f) iTRS access technology. (1) Every VRS or IP Relay provider must
   ensure that all iTRS access technology they have issued, leased, or
   otherwise provided to VRS or IP Relay users delivers routing
   information or other information only to the user's default provider,
   except as is necessary to complete or receive “dial around” calls on a
   case-by-case basis.

   (2) All iTRS access technology issued, leased, or otherwise provided to
   VRS or IP Relay users by Internet-based TRS providers must be capable
   of facilitating the requirements of this section.

   (g) User notification. Every VRS or IP Relay provider must include an
   advisory on its website and in any promotional materials addressing
   numbering or E911 services for VRS or IP Relay.

   (1) At a minimum, the advisory must address the following issues:

   (i) The process by which VRS or IP Relay users may obtain ten-digit
   telephone numbers, including a brief summary of the numbering
   assignment and administration processes adopted herein;

   (ii) The portability of ten-digit telephone numbers assigned to VRS or
   IP Relay users;

   (iii) The process by which persons using VRS or IP Relay may submit,
   update, and confirm receipt by the provider of their Registered
   Location information;

   (iv) An explanation emphasizing the importance of maintaining accurate,
   up-to-date Registered Location information with the user's default
   provider in the event that the individual places an emergency call via
   an Internet-based relay service;

   (v) The process by which a VRS or IP Relay user may acquire a toll free
   number, or transfer control of a toll free number from a VRS or IP
   Relay provider to the user;

   (vi) The process by which persons holding a toll free number request
   that the toll free number be linked to their ten-digit telephone number
   in the TRS Numbering Directory; and

   (vii) If the provider assigns iTRS numbers to hearing point-to-point
   video users, an explanation that hearing point-to-point video users
   will not be able to place an emergency call.

   (2) VRS and IP Relay providers must obtain and keep a record of
   affirmative acknowledgment by every Registered Internet-based TRS User
   of having received and understood the advisory described in this
   subsection.

   [ 73 FR 41295 , July 18, 2008, as amended at  76 FR 59557 , Sept. 27, 2011;
    78 FR 40608 , July 5, 2013;  82 FR 39683 , Aug. 22, 2017]

   Effective Date Note: At  82 FR 17763 , Apr. 13, 2017, § 64.611 was amended
   in part by adding paragraphs (a)(5) and (g)(1)(vii) and revising
   (c)(2)(i). These paragraphs contain 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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