Sec.  64.605   State certification.

   (a) State documentation. 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.

   (b) Requirements for 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:

   (1) Establishes that the state program meets or exceeds all operational,
   technical, and functional minimum standards contained in  Sec. 64.604;

   (2) 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

   (3) Where a state program exceeds the mandatory minimum standards contained
   in  Sec. 64.604, the state establishes that its program in no way conflicts with
   federal law.

   (c) 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.

   (d) Method of funding. Except as provided in  Sec. 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) Suspension or revocation of 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.

   (f) Notification of substantive change. 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.

   [ 65 FR 38440 , June 21, 2000, as amended at  67 FR 13229 , Mar. 21, 2002;  69 FR 53351 , Sept. 1, 2004]