[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51450-51451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20433]
[[Page 51449]]
Vol. 79
Thursday,
No. 167
August 28, 2014
Part V
Federal Communications Commission
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47 CFR Part 64
Misuse of Internet Protocol (IP) Captioned Telephone Service;
Correction; Final Rule
Federal Register / Vol. 79 , No. 167 / Thursday, August 28, 2014 /
Rules and Regulations
[[Page 51450]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 13-24 and 03-123; FCC 13-118]
Misuse of Internet Protocol (IP) Captioned Telephone Service;
Correction
AGENCY: Federal Communications Commission.
ACTION: Final rule; correction.
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SUMMARY: In this document, the Commission amends its rules for Internet
Protocol Captioned Telephone Service (IP CTS) to remove certain
paragraphs of the rules that were vacated by the United States Court of
Appeals for the District of Columbia Circuit, and to remove notes that
are no longer applicable and to make conforming revisions to certain
paragraphs of the rules adopted in Misuse of Internet Protocol
Captioned Telephone Service; Telecommunications Relay Services and
Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities. The notes indicated that the Commission would publish a
notice specifying the demarcation date, a registration deadline, and
certain effective dates of various provisions of the amended rules
after the amendments were approved by the Office of Management and
Budget (OMB). Since the Commission has announced the effective date of
each of these provisions in the Federal Register, the notes are no
longer applicable.
DATES: Effective August 28, 2014.
FOR FURTHER INFORMATION CONTACT: Eliot Greenwald, Disability Rights
Office, Consumer and Governmental Affairs Bureau, at (202) 418-2235
(voice), or email [email protected].
SUPPLEMENTARY INFORMATION: On August 30, 2013, the Commission published
final rules in the Federal Register at 78 FR 53684, which addressed
marketing, labeling, registration, and default equipment-setting
requirements for the internet protocol captioned telephone relay
service (IP CTS). On June 20, 2014, the D.C. Circuit issued an order
vacating the Commission's rule prohibiting compensation to providers
for minutes of use generated by equipment consumers received from
providers for free or for less than $75, 47 CFR 64.604(c)(11)(i), and
the Commission's rule requiring providers to maintain captions-off as
the default setting for IP CTS equipment, 47 CFR 64.604(c)(10)(i),
(iii) through (v). Sorenson Communications, Inc. and CaptionCall, LLC
v. FCC (D.C. Cir. Nos. 13-1122 and 13-1246, June 20, 2014).
The Commission published a notice in the Federal Register, at 79 FR
40003, July 11, 2014, stating that among other things, the rule
regarding the labeling of equipment, software, and mobile applications,
47 CFR 64.604(c)(11)(iii), would become effective immediately. Today,
the Commission publishes a notice in the Federal Register stating that
the rule regarding consumer registration and certification, 47 CFR
64.604(c)(9), become effective immediately.
This document amends Sec. 64.604(c)(9) through (11) of the
Commission's rules by removing the notes and by revising specific rules
sections as they appeared in the Federal Register.
List of Subjects in 47 CFR Part 64
Individuals with disabilities, Telecommunications.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L.
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, 620, and the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, unless
otherwise noted.
0
2. Amend Sec. 64.604 as follows:
0
a. Revise paragraphs (c)(9)(ii) introductory text, (c)(9)(iii)
introductory text, (c)(9)(iv) and (v), (vii), (xi), and paragraph
(c)(10);
0
b. Remove and reserve paragraph (c)(11)(i); and
0
c. Revise paragraph (c)(11)(iii).
0
d. Remove paragraphs (c)(11)(iv) and (v).
The revisions read as follows:
Sec. 64.604 Mandatory minimum standards.
* * * * *
(c) * * *
(9) * * *
(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:
* * * * *
(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:
* * * * *
(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.
* * * * *
(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
[[Page 51451]]
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.
* * * * *
(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) * * *
(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.
* * * * *
[FR Doc. 2014-20433 Filed 8-27-14; 8:45 am]
BILLING CODE 6712-01-P