[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]
[Page 29961-29962]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my06-93]
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FEDERAL COMMUNICATIONS COMMISSION
[CG Docket No. 03-123; FCC 06-67]
Notice of Certification of Snap Telecommunications, Inc. as a
Provider of Video Relay Service (VRS) Eligible for Compensation From
the Interstate Telecommunications Relay Service (TRS) Fund
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Commission grants Snap
Telecommunications, Inc. (Snap) certification as a VRS provider
eligible for compensation from the Interstate TRS Fund. The Commission
concludes that Snap has demonstrated that its provision of VRS will
meet or exceed all operational, technical, and functional TRS standards
set forth in the Commission's rules; that it makes available adequate
procedures and remedies for ensuring compliance with applicable
Commission rules; and that to the extent Snap's service differs from
the mandatory minimum standards, the service does not violate the
rules.
DATES: Effective May 8, 2006.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington DC 20554.
FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer & Governmental
Affairs Bureau, Disability Rights Office at (202) 418-0431 (TTY), or e-
mail at Gregory.Hlibok@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document FCC 06-67, released May 8, 2006, addressing an application for
certification filed by Snap Telecommunications, Inc. on January 25,
2006. On May 9, 2006, the Commission released an Erratum to document
FCC 06-67. See Notice of Certification of Snap Telecommunications, Inc.
as a Provider of Video Relay Service (VRS) Eligible for Compensation
from the Interstate Telecommunications Relay Service (TRS) Fund,
Erratum, in CG Docket No. 03-123, the full text of document FCC 06-67,
the Erratum, and copies of any subsequently filed documents in this
matter will be available for public inspection and copying during
regular business hours at the FCC Reference Information Center, Portals
II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. Document
FCC 06-67, the Erratum, and copies of subsequently filed documents in
this matter may also be purchased from the Commission's duplicating
contractor at Portals II, 445 12th Street, SW., Room CY-B402,
Washington, DC 20554. Customers may contact the Commission's
duplicating contractor at its Web site http://www.bcpiweb.com or by
calling 1-800-378-3160. To request materials in accessible formats for
people with disabilities (Braille, large print, electronic files, audio
format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY). Document FCC 06-67 and the Erratum can also be downloaded in
Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro.
Synopsis
On January 25, 2006, Snap Telecommunications, Inc. (Snap) filed an
application for certification, (Snap
[[Page 29962]]
Telecommunications, Inc., VRS Certification Application of Snap
Telecommunications, Inc., CG Docket No. 03-123 (January 25, 2006)) as a
VRS provider eligible for compensation from the Interstate TRS Fund
(Fund) pursuant to the recently adopted VRS and Internet Protocol (IP)
Relay provider certification rules. See Telecommunications Relay
Services for Individuals with Hearing and Speech Disabilities, Report
and Order and Order on Reconsideration, CG Docket No. 03-123, FCC 05-
203 (December 12, 2005); published at 70 FR 76208, December 23, 2005
(2005 VRS Provider Order); 47 CFR 64.605(a)(2) of the Commission's
rules. Prior to the 2005 VRS Provider Order, an entity desiring to
offer TRS and receive compensation from the Fund had to meet one of the
three eligibility standards set forth in 47 CFR 64.604(c)(5)(iii)(F) of
the Commission's rules. Snap's application is granted, subject to the
conditions noted below.
On December 12, 2005, the Commission released an order adopting new
rules permitting carriers desiring to offer VRS and receive payment
from the Fund to seek certification as a provider eligible for
compensation from the Fund. 2005 VRS Provider Order, supra. The rules
require entities seeking such certification to submit documentation to
the Commission setting forth, in narrative form:
(i) a description of the forms of TRS to be provided (i.e., VRS
and/or IP Relay); (ii) a description of how the provider will meet
all non-waived mandatory minimum standards applicable to each form
of TRS offered; (iii) a description of the provider's procedures for
ensuring compliance with all applicable TRS rules; (iv) a
description of the provider's complaint procedures; (v) a narrative
describing any areas in which the provider's service will differ
from the applicable mandatory minimum standards; (vi) a narrative
establishing that services that differ from the mandatory minimum
standards do not violate applicable mandatory minimum standards;
(vii) demonstration of status as a common carrier; and (viii) a
statement that the provider will file annual compliance reports
demonstrating continued compliance with these rules. 47 CFR
64.605(a)(2) of the Commission's rules.
The rules further provide that after review of the submitted
documentation, the Commission shall certify that the VRS provider is
eligible for compensation from the Fund if the Commission determines
that the certification documentation:
(i) establishes that the provision of VRS * * * will meet or
exceed all non-waived operational, technical, and functional minimum
standards contained in Sec. 64.604 of the Commission's rules; (ii)
establishes that the VRS * * * provider makes available adequate
procedures and remedies for ensuring compliance with the
requirements of this section and the mandatory minimum standards
contained in Sec. 64.604 of the Commission's rules, including that
it makes available for TRS users informational materials on
complaint procedures sufficient for users to know the proper
procedures for filing complaints; and (iii) where the TRS service
differs from the mandatory minimum standards contained in Sec.
64.604 of the Commission's rules, the VRS * * * provider establishes
that its service does not violate applicable mandatory minimum
standards. 47 CFR 64.605(b)(2) of the Commission's rules.
The Commission has reviewed Snap's application pursuant to these
rules. The Commission concludes that Snap has demonstrated that its
provision of VRS service will meet or exceed all operational,
technical, and functional TRS standards set forth in 47 CFR 64.604 of
the Commission's rules; that it makes available adequate procedures and
remedies for ensuring compliance with applicable Commission rules; and
that to the extent Snap's service differs from the mandatory minimum
standards, the service does not violate the rules. See, e.g., Snap
Application at 14 (noting that Snap will offer picture caller ID).
The Commission also notes, however, that Snap indicates that it
plans to offer service only via a particular Internet protocol that,
without translation, is not interoperable with videophone devices
employed by other VRS providers. See generally Snap Application at 6
(noting the H.323 and SIP Internet standards); Snap ex parte letter, CG
Docket No. 03-123 (filed March 31, 2006); Snap ex parte letter, CG
Docket No. 03-123 (filed March 22, 2006). The Commission notes that it
has adopted a declaratory ruling requiring the interoperability of VRS
equipment and services. See Telecommunications Relay Services for
Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123,
Declaratory Ruling and Further Notice of Proposed Rulemaking, FCC 06-57
(adopted May 3, 2006) (addressing California Coalition of Agencies
Serving the Deaf and Hard of Hearing (CCASDHH), Petition for
Declaratory Ruling on Interoperability, CC Docket No. 98-67, CG Docket
No. 03-123, DA 05-509 (filed February 15, 2005)). The Commission
conditions this grant of certification upon compliance with that order.
See also 47 CFR 64.605(e)(2) of the Commission's rules (Commission may
require certified providers to submit documentation demonstrating
compliance with the mandatory minimum standards). Further, Snap must
file an annual report with the Commission evidencing that they are in
compliance with Sec. 64.604 of the Commission's rules. See 47 CFR
64.605(g) of the Commission's rules. The first such report shall be due
one year after May 8, 2006, and subsequent reports shall be due each
year thereafter.
This certification, as conditioned herein, shall remain in effect
for a period of five years from the release date of May 8, 2006. See 47
CFR 64.605(c)(2) of the Commission's rules. Within ninety days prior to
the expiration of this certification, Snap may apply for renewal of its
VRS service certification by filing documentation in accordance with
the Commission's rules. See 47 CFR 64.605(c)(2) of the Commission's
rules.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 06-4729 Filed 5-23-06; 8:45 am]
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