[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)] [Rules and Regulations] [Pages 47152-47153] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-23529] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR PART 64 [CC Docket 90-571; DA 97-1800] Telecommunications Relay Services, and the Americans With Disabilities Act of 1990 AGENCY: Federal Communications Commission. ACTION: Suspension of final rule; Order. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that in an Order on Telecommunications Relay Services (``TRS'') and the Americans with Disabilities Act of 1990 (``Order''), CC Docket No. 90-571, adopted on August 20, 1997 and released on August 21, 1997, the Common Carrier Bureau (``Bureau'') suspended enforcement of the requirement that the TRS be capable of handling coin sent-paid calls for one additional year until August 26, 1998. Because the existing technology to provide coin sent-paid calls through the TRS centers has serious deficiencies and no technological solution appears imminent, the Bureau recommended that the Commission conduct a rulemaking during the one year suspension to gather information sufficient to ensure that the Commission's final decision on whether the TRS must be capable of handling coin sent-paid calls is based on a complete and fresh record. During the suspension period, the Bureau directed carriers to continue to make payphones accessible to TRS users under the ``Alternative Plan.'' The Alternative Plan has enabled TRS users to make relay calls from payphones using alternative payment methods since 1995 and has educated TRS users about their abilities to make such calls. In addition, because parties disagree over the effectiveness of the Alternative Plan, the Bureau directed carriers to comply with several additional consumer education requirements designed to improve TRS users' awareness of their ability to make relay calls from payphones. EFFECTIVE DATES: Section 64.604(a)(3) is suspended effective September 8, 1997 through August 26, 1998. The collections of information for this order will become effective no sooner than October 8, 1997 upon approval of OMB. [[Page 47153]] The Commission will publish a document at a later date announcing this effective date. FOR FURTHER INFORMATION CONTACT: Helene Schrier Nankin, 202-418-1466, Network Services Division, Common Carrier Bureau. SUPPLEMENTARY INFORMATION: Under Sec. 64.604 of the Commission's rules, the TRS must be capable of handling any type of telephone call normally provided by common carriers. The Commission has interpreted this rule to include coin sent-paid calls. The coin sent-paid rule was initially to become effective on July 26, 1993. 47 U.S.C. 225(c) (1996). The Bureau has suspended enforcement of the requirement that common carriers provide coin sent-paid calls through the TRS centers since 1993 based on common carriers' representations that it has been technically infeasible to provide the coin sent-paid service through the TRS centers (``coin sent-paid rule''). Since 1995, carriers have made payphones accessible to TRS users through an Alternative Plan (``Alternative Plan''). The Alternative Plan enables TRS users to make local relay calls for free and to make toll calls from payphones using calling or prepaid cards at or below the coin call rates. The Alternative Plan also requires carriers to educate TRS users about the alternative payment methods that the TRS users can use to make relay calls from payphones. The Bureau directed carriers to file two reports on the effectiveness of the Alternative Plan, due 12 and 18 months after the issuance of the Bureau's order adopting the Alternative Plan (``12 Month Report'' and ``18 Month Report'' respectively). The Bureau listed the two reports on public notice dated May 9, 1997 and received nine comments on June 2, 1997. Commenters disagree on the effectiveness of the Alternative Plan. In the Order, the Bureau suspended the enforcement of the requirement that the TRS be capable of handling coin sent-paid calls for one year until August 26, 1998 because the only technological solution that can provide the coin sent-paid calls through the TRS centers, coin signalling interface (``CSI''), has serious deficiencies and no new technological solution appears imminent. In the Order, the Bureau recommends that during the one year suspension, the Commission conduct a rulemaking on coin sent-paid issues to gather information sufficient to ensure that the Commission's final decision on whether the TRS must be capable of handling coin sent-paid calls is based on a complete and fresh record. In addition, the Bureau directed carriers to continue to make payphones accessible to TRS users under the terms of the Alternative Plan as set forth in the 1995 Suspension Order, 60 FR 58626 (Nov. 28, 1995), and as modified by the Order. The Bureau required carriers: (1) to send a consumer education letter to TRS centers; (2) to inform organizations representing the hearing and speech disability community before attending their regional and national meetings who will be present at the meeting, where the industry's booth will be located, and at what times the booth will be in operation; and (3) to publish an article in Consumer Action Network (``CAN's'') respective organizations'' magazines or newsletters. The Bureau also directed carriers to work jointly with the organizations representing the individuals with hearing and speech disabilities to draft a report about the feasibility of executing the other proposals contained in the 18 Month Report, to be submitted to the Commission within two months of the publication of a summary of the Order in the Federal Register. In particular, the Bureau directed carriers to consult with representatives from organizations that represent the hearing and speech disability community to determine if it would be useful and possible to educate TRS users about the Alternative Plan by: (1) Sending a letter directly to all CAN's members; and (2) creating laminated cards with visual characters that will provide a pictorial explanation to accompany the text describing access to TRS centers from payphones and which can be distributed to TRS users. If carriers found that these actions are feasible, the Bureau directed carriers to take these actions. The full text of the Order is available for inspection and copying during the weekday hours of 9 a.m. to 4:30 p.m. in the Commission's Reference Center, Room 239, 1919 M Street, N.W., or copies may be purchased from the Commission's duplicating contractor, ITS, Inc., 2100 M Street, N.W., Suite 140, Washington D.C. 20037, phone 202/857-3800. List of Subjects in 47 CFR Part 64 Communications common carriers, Handicapped, Individuals with hearing and speech disabilities, Telecommunications relay services. For the reasons set forth in the preamble, Sec. 64.604(a)(3) is suspended from September 8, 1997 through August 26, 1998. Federal Communications Commission. Kent Nilsson, Deputy Division Chief, Network Services Division, Common Carrier Bureau. [FR Doc. 97-23529 Filed 9-5-97 8:45 am] BILLING CODE 6712-01-P