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Effective Date Of IP CTS User Registration And Certification Rules

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Released: September 2, 2014
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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

445 12th St., S.W.

Washington, D.C. 20554

DA 14-1265

September 2, 2014

Notice of Effective Date of Internet Protocol Captioned Telephone Service User

Registration and Certification Rules

CG Docket Nos. 13-24 and 03-123

On August 26, 2013, the Commission released the Internet Protocol Captioned Telephone

Service (IP CTS) Reform Order, which, among other actions, adopted rules mandating registration and

certification of IP CTS users.1 On August 28, 2014, the rules relating to IP CTS user registration and

certification adopted in the IP CTS Reform Order and contained in section 64.604(c)(9) of the

Commission’s rules

2

took effect, upon announcement in the Federal Register of approval from the Office

of Management and Budget (OMB).3

1 Misuse of Internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and Speech-to-

Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket Nos. 13-24 and 03-123, Report

Order and Further Notice of Proposed Rulemaking, 28 FCC Rcd 13420 (2013) (IP CTS Reform Order). The IP CTS

Reform Order also adopted rules regulating practices relating to the marketing of IP CTS and imposing certain

requirements for the provision of this service.

2 47 C.F.R. § 64.604(c)(9).

3 See 79 FR 51446. 47 C.F.R. § 64.604(c) contains information collection requirements that required OMB approval

pursuant to the Paperwork Reduction Act of 1995 (PRA), Public Law No. 104-13. The Commission requested that

OMB issue emergency approval of the IP CTS user registration and certification requirements contained in 47

C.F.R. 64.604(c)(9), to minimize a lapse in registration and certification requirements after rules adopted in Misuse

of Internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and Speech-to-Speech

Services for Individuals with Hearing and Speech Disabilities, CG Docket Nos. 13-24 and 03-123, Order and Notice

of Proposed Rulemaking, 28 FCC Rcd 703 (2013) (IP CTS Interim Order) were vacated by the United States Court

of Appeals for the District of Columbia Circuit (D.C. Circuit).

Sorenson Communications, Inc. and CaptionCall,

LLC v. FCC (D.C. Cir. Nos. 13-1122 and 13-1246, June 20, 2014) (Sorenson v. FCC).

The Commission had previously sought and obtained approval from OMB for the following information

collections associated with the IP CTS Reform Order: (1) the requirements regarding the labeling of equipment,

software and mobile applications (47 C.F.R. § 64.604(c)(11)(iii) and (iv)); (2) the certification, recordkeeping, and

reporting requirements for hardship exemptions to the captions default-off requirement (47 C.F.R. §

64.604(c)(10)(iv)); and (3) an additional information reporting requirement for IP CTS providers or IP CTS

applicants seeking Commission certification to provide IP CTS to provide assurance that they will not request or

collect payment from the TRS Fund for service to consumers who do not satisfy the Commission’s IP CTS

registration and certification requirements (47 C.F.R. § 64.606(a)(2)(ii)(F)). See 79 FR 23354 (April 28, 2014); 79

FR 40003 (July 11, 2014). Because the captions default-off requirement was vacated by Sorenson v. FCC, the

hardship exemption is no longer needed.

The Commission sought OMB approval of the user registration and certification requirements separately

from these other information collections because the user registration and certification requirements adopted in the

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Section 64.604(c)(9) of the Commission’s rules requires providers to register each new IP CTS

user in order to be eligible for compensation from the Fund for providing service to new IP CTS users.4

As part of the registration process, each provider must obtain from each user a self-certification that the

user (1) has a hearing loss that necessitates use of captioned telephone service; (2) understands that

captions on captioned telephone service are provided by a live communications assistant who listens to

the other party on the line and provides the text on the captioned phone; (3) understands that the cost of

captioning each Internet protocol (IP) captioned telephone call is funded through a federal program; and

(4) will not permit, to the best of the consumer’s ability, persons who have not been registered to use IP

CTS to make captioned telephone calls on the consumer’s registered IP captioned telephone service or

device.5 This self-certification must be made on a form separate from any other user agreement, and be

separately signed, under penalty of perjury.6

Section 64.604(c)(9) of the Commission’s rules also requires providers to register and obtain a

self-certification from all existing IP CTS users within 180 days of the rule’s effective date.7 In addition,

for those existing users who received equipment for free or at a price below $75 from an IP CTS provider

directly or indirectly (other than through a governmental program) prior to March 7, 2013, providers must

obtain from the user either a payment of $75 or a certification from an independent, third party

professional that (1) the consumer has a hearing loss that necessitates use of captioned telephone service

and (2) the third party professional understands that the captions on captioned telephone service are

provided by a live communications assistant funded through a federal program.8 The Commission’s rules

also require that the third party professional certification include the professional’s name, title, address,

telephone number, and e-mail address.9

Lastly, the Commission’s rules require providers to maintain all documents relating to user

registration and certification on a confidential basis and retain them for a period of five years after the

consumer ceases to obtain service from the provider.10

A copy of this Public Notice is 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. This document also may be purchased from the Commission’s

duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW, Room CY-

B402, Washington, DC 20554. Customers may contact BCPI at their web site: www.bcpiweb.com or by

calling (202) 488-5300.

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 and Governmental

IP CTS Reform Order were related to another Commission rule that was stayed by the D.C. Circuit, Sorenson

Communications, Inc. and CaptionCall, LLC v. FCC (D.C. Cir. Nos. 13-1122 and 13-1246, Dec. 6, 2013), at the

time the Commission sought approval from OMB of the other information collections. See 79 FR 23354.

4 47 C.F.R. § 64.604(c)(9)(i); IP CTS Reform Order, 28 FCC Rcd at 13449, ¶ 64.

5 47 C.F.R. § 64.604(c)(9)(iii).

6 47 C.F.R. § 64.604(c)(9)(iv).

7 See IP CTS Reform Order, 28 FCC Rcd at 13452, ¶¶ 69-70. The order defines “existing IP CTS users” as “all

users who are enrolled in a provider’s IP CTS as of the effective date of the amended registration and certification

rule . . . and who have not previously undergone registration and certification by that provider in compliance with

the interim registration and certification rule.” IP CTS Reform Order, 28 FCC Rcd at 13452, ¶ 69, n.216.

8 47 C.F.R. § 64.604(c)(9)(vii), (viii); see also IP CTS Reform Order, 28 FCC Rcd at 13453, ¶ 72.

9 47 C.F.R. § 64.604(c)(9)(viii).

10 47 C.F.R. § 64.604(c)(9)(x).

2

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Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This Public Notice also can be

downloaded in Word or Portable Document Format (PDF) at: http://transition.fcc.gov/cgb/dro/trs.html.

For further information regarding this Public Notice, please contact Eliot Greenwald, Consumer

and Governmental Affairs Bureau, at (202) 418-2235 (voice) or e-mail at Eliot.Greenwald@fcc.gov.

-FCC-

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