Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Reaffirmation Of Rule On IP CTS User Registration And Certification

Download Options

Released: August 1, 2014
image01-00.jpg612x792

PUBLIC NOTICE

Federal Communications Commission

445 12th St., S.W.

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

Washington, D.C. 20554

DA 14-1127

Released: August 1, 2014

CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU REAFFIRMS APPLICATION OF

INTERNET PROTOCOL CAPTIONED TELEPHONE SERVICE (IP CTS) RULE ON USER

REGISTRATION AND CERTIFICATION

CG Docket Nos. 13-24 & 03-123

In this Public Notice, the Consumer and Governmental Affairs Bureau (CGB) of the Federal

Communications Commission affirms the applicability of certain provisions of the Commission’s

telecommunications relay services (TRS) rules in light of the decision of the United States Court of

Appeals for the District of Columbia Circuit on June 20, 2014.1 In its decision, the court vacated in their

entirety the Commission’s interim rules governing Internet Protocol Captioned Telephone Service (IP

CTS) and vacated two of the Commission’s final rules governing IP CTS.2 This Public Notice sets forth

the applicability of the Commission’s IP CTS user registration and certification requirements following

the court’s ruling.

Background

IP CTS, a form of TRS approved in 2007,3 enables a telephone caller, by using an Internet-

enabled device or software, to simultaneously listen to the other party to the telephone call and read

captions of what that party is saying.4 On January 25, 2013, the Commission adopted interim rules to

address certain provider practices that it believed encouraged IP CTS use by individuals who do not need

this service to communicate in a functionally equivalent manner.5

Among other things, the interim rules required each IP CTS provider, in order to be eligible for

compensation from the Fund for providing service to new IP CTS users, (i) to register each new IP CTS

user by obtaining the consumer’s name, address, and telephone number; (ii) to obtain from each consumer

1 Sorenson Communications Inc. and CaptionCall, LLC v. FCC, slip op. (D.C. Cir., No. 13-1122, June 20, 2014)

(Sorenson).

2 Sorenson at 15. See page 3, infra, for a discussion of the rules vacated by the court.

3 Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech

Disabilities; Internet-based Captioned Telephone Service, CG Docket No. 03-123, Declaratory Ruling, 22 FCC Rcd

379 (2007).

4 See 47 C.F.R. § 64.601(a)(16). Generally, IP CTS uses a connection via the public switched telephone network

(PSTN) or voice over Internet Protocol (VoIP) for the voice portion of the call, while the connection carrying the

captions between the relay service provider and the relay service user is via the Internet. Id.

5 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, 03-123, Order and

Notice of Proposed Rulemaking, 28 FCC Rcd 703, 706-09, ¶¶ 6-9 (2013) (IP CTS Interim Order).

image02-00.jpg612x792

a self-certification regarding the consumer’s understanding of and need to use IP CTS; and (iii) where the

consumer accepts IP CTS equipment free of charge or at a price below $75 from any source other than a

governmental program, to also obtain from the consumer a certification from an independent, third party

professional attesting to the same.6 Those interim rules became effective on March 7, 2013, with a

scheduled expiration date of September 3, 2013.7 The IP CTS Interim Order was accompanied by a

Notice of Proposed Rulemaking (NPRM) in which the Commission sought comment on whether to make

permanent, revise, or eliminate the interim rules.8 On April 8, 2013, Sorenson Communications, Inc., and

CaptionCall, LLC (collectively Sorenson), petitioned the United States Court of Appeals for the District

of Columbia Circuit for review of the IP CTS Interim Order.

On August 26, 2013, the Commission adopted final rules on IP CTS.9 Under the final rules

adopted by the Commission, among other things, providers who provide IP CTS equipment, software,

and applications to consumers at no charge or for less than $75 were prohibited from receiving

compensation from the Fund for minutes of use generated by consumers using such equipment, software,

or applications.10 The final rules also required IP CTS providers to ensure that their equipment and

software applications have a default setting of captions off, so that all IP CTS users must affirmatively

turn on captioning for each telephone call initiated or received before captioning is provided.11 The $75

equipment charge rule and the default-off rule took effect on September 30, 2013.12

The final rules maintain, with modifications, the requirements that IP CTS providers register each

new IP CTS user and obtain a self-certification regarding the consumer’s understanding of and need to

use IP CTS.13 The final rules also require providers to register and obtain self-certifications from all

“existing IP CTS users.”14 The IP CTS Reform 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.”15

6 IP CTS Interim Order, 28 FCC Rcd at 743-44, Appx. D, § 64.604(c)(9).

7 78 FR 14701, 14702 (2013) (announcing an effective date of March 7, 2013 and an expiration date of September 3,

2013 for section 64.604(c)(9), the rule on registration and certification).

8 See IP CTS Interim Order, 28 FCC Rcd at 704, ¶ 3.

9 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, 03-123, Report

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

10 See 47 C.F.R. § 64.604(c)(11); IP CTS Reform Order, 28 FCC Rcd at 13440-48, ¶¶ 41-59 (“$75 equipment charge

rule”).

11 See 47 C.F.R. § 64.604(c)(10); IP CTS Reform Order, 28 FCC Rcd at 13461-70, ¶¶ 91-103 (“default-off rule”).

12 78 FR at 53691 (announcing that final rules 64.604(c)(10)(i) and 64.604(c)(11)(i) shall be effective September 30,

2013).

13 See 47 C.F.R. §§ 64.604(c)(9)(i), (iii). The final rules require IP CTS providers to collect each consumer’s date of

birth and the last four digits of the consumer’s social security number in addition to the consumer’s full name,

address, and telephone number to register each user. 47 C.F.R. § 64.604(c)(9)(i). The final rules also change the

form and content of the self-certifications that must be obtained from consumers. 47 C.F.R. § 64.604(c)(9)(iii).

14 IP CTS Reform Order, 28 FCC Rcd at 13452, ¶ 69 (“The Commission adopts a rule requiring each IP CTS

provider to register and obtain certification from all of its existing IP CTS users.”); see also 47 C.F.R.

§ 64.604(c)(9)(xi).

15 IP CTS Reform Order, 28 FCC Rcd at 13452, ¶ 69, n.216.

2

image03-00.jpg612x792

For users who enroll on or after the effective date of the final rule on registration and

certification, IP CTS providers are not required to obtain independent, third party certification attesting to

the user’s need for IP CTS. However, under the final rule,16 for any existing users who accepted IP CTS

equipment free of charge or for less than $75 from any source other than a governmental program prior to

March 7, 2013, IP CTS providers must obtain such third party certification.17

The final registration and certification rule is subject to the Paperwork Reduction Act, which

provides an additional approval process for certain agency rules that require the collection of

information.18 Accordingly, the rule will not take effect until after the information collection has been

approved by OMB.19 Therefore, the Commission extended the effectiveness of the interim rule regarding

user registration and certification until the effective date of the final registration and certification rule.20

The process for final OMB approval remains pending.

On September 6, 2013, Sorenson petitioned the United States Court of Appeals for the District of

Columbia Circuit for review of the IP CTS Reform Order. On December 6, 2013, the court stayed the

$75 equipment charge rule.21 On June 20, 2014, the court issued an opinion vacating the interim rules in

their entirety and vacating the $75 equipment charge rule and default-off rule contained in the IP CTS

Reform Order.22 After the court issued its opinion, CGB received a number of inquiries from providers

seeking guidance on their obligations regarding the registration and certification of IP CTS users going

forward. In this Public Notice, CGB explains the applicable registration and certification requirements

for four groups of IP CTS users, who are defined based on when they enrolled with their IP CTS

providers.23

Application of the Final Rule in Light of the Court of Appeals Ruling

In discussing the application of the court’s ruling,24 we distinguish among four classes of IP CTS

users for purposes of determining the application of the Commission’s final rule on user registration and

certification:25

Users who enrolled with an IP CTS provider prior to March 7, 2013 (“pre-March 7, 2013

enrollees”);

16 In this public notice, the term “final rule,” in the singular, refers to the final rule on registration and certification of

IP CTS users, 47 C.F.R. § 64.609(c)(9), for which the effective date will be established after the Office of

Management and Budget (OMB) approves the information collections required by the rule.

17 IP CTS Reform Order, 28 FCC Rcd at 13453, ¶ 72. See also 47 C.F.R. §§ 64.604(c)(9)(v), (vii), (xi).

The

requirements as to the form, content, and certifying professional for independent, third party certifications that are

obtained from existing users after the effective date of the final rule are different from the requirements for such

certifications that are obtained before the effective date of the final rule. Cf. 47 C.F.R. § 64.604(c)(9)(vi), (viii).

18 Pub. L. No. 104-13, 109 Stat. 163 (May 22, 1995), codified at 44 U.S.C. § 3501 et seq.

19 IP CTS Reform Order, 28 FCC Rcd at 13492-93, ¶¶ 166-67.

20 IP CTS Reform Order, 28 FCC Rcd at 13492-93, ¶ 167.

21 Sorenson Communications Inc. and CaptionCall, LLC v. FCC, slip op. (D.C. Cir., No. 13-1246, Dec. 6, 2013).

22 Sorenson at 15.

23 Where a user has changed IP CTS providers, the current provider must comply with the rule applicable to the

period in which the user enrolled with that provider.

24 The court’s ruling vacating the interim rules, the $75 equipment charge rule, and the default-off rule will take

effect upon issuance by the court of its mandate, which should occur on August 4, 2014.

25 A summary of the registration and certification obligations for each class of IP CTS user is set forth in the

Appendix to this Public Notice.

3

image04-00.jpg612x792

Users who enrolled with an IP CTS provider on or after March 7, 2013, and before the date of the

court’s mandate vacating the interim rules (“interim rule period enrollees”);

Users who enrolled with an IP CTS provider on or after the date of the court’s mandate and

before the effective date of the final registration and certification rule (“post-court mandate / pre-

final rule effective date enrollees”); and

Users who enrolled with an IP CTS provider on or after the effective date of the final registration

and certification rule (“new enrollees”).

As discussed further below, regarding the application of the final registration and certification

rule to each of these groups, a key question is which enrollees fall within the definition of being an

“existing IP CTS user.” As noted above, the IP CTS Reform 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.”26 We explain below that each

of the first three groups listed above may include consumers who fall within this category of “existing IP

CTS users.”

Pre-March 7, 2013 Enrollees.

Under the IP CTS Reform Order, IP CTS users who enrolled with

an IP CTS provider prior to March 7, 2013 make up the bulk of the category of “existing IP CTS users.”27

The final rule, once effective, will require IP CTS providers to take the following actions regarding their

users who enrolled prior to March 7, 2013:28 (1) register each consumer prior to requesting compensation

from the TRS Fund for service provided to the consumer by obtaining the consumer’s full name, date of

birth, last four digits of the consumer’s social security number, address and telephone number;29 (2)

obtain a self-certification from the consumer;30 and (3) obtain an independent, third party certification

attesting to the consumer’s need for IP CTS, if the consumer accepted IP CTS equipment free of charge

26 IP CTS Reform Order, 28 FCC Rcd at 13452, ¶ 69, n.216.

27 See IP CTS Reform Order, 28 FCC Rcd at 13452, n.216 (defining “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”).

28 See 47 C.F.R. § 64.604(c)(9)(xi); IP CTS Reform Order, 28 FCC Rcd at 13452, ¶¶ 69, 72 (adopting a rule

requiring each IP CTS provider to “register and obtain certification from all of its existing IP CTS users” and a rule

“for existing users who received equipment for free or at a price below $75, directly or indirectly from an IP CTS

provider (or from any other source other than an equipment distribution program administered by a state or local

government), prior to the effective date of the interim rules, a mandate for providers to obtain from each user either

a payment of $75 . . . or a certification from an independent, third party professional”).

29 47 C.F.R. §§ 64.604(c)(9)(i), (xi).

30 47 C.F.R. §§ 64.604(c)(9)(iii), (iv), (xi). A self-certification that is obtained from such users on or after the

effective date of the final rule must state that: “(A) The consumer has a hearing loss that necessitates use of

captioned telephone service; (B) The consumer understands that the captioning on captioned telephone service is

provided by a live communications assistant who listens to the other party on the line and provides the text on the

captioned phone; (C) The consumer understands that the cost of captioning each Internet protocol captioned

telephone call is funded through a federal program; and (D) The consumer will not permit, to the best of the

consumer’s ability, persons who have not registered to use Internet protocol captioned telephone service to make

captioned telephone calls on the consumer’s registered IP captioned telephone service or device.” 47 C.F.R.

§ 64.604(c)(9)(iii). If, before the effective date of the final rule, a provider has obtained registration information and

self-certification from such a user that satisfy the requirements of the interim rules, the provider need not repeat the

process with that user in accordance with the final rule. IP CTS Reform Order, 28 FCC Rcd at 13452, ¶ 69 & n.216;

see also 47 C.F.R. § 64.604(c)(9)(ii), (iv) (stating self-certification requirements applicable to self-certifications

obtained before the effective date of the final rule).

4

image05-00.jpg612x792

or at a price below $75 from any source other than a governmental program.31 IP CTS providers must

have obtained registration information, self-certification, and, where applicable, third-party certification

of hearing loss from all their current IP CTS users who enrolled in IP CTS prior to March 7, 2013, within

180 days of the effective date of the final rules.32

Interim Rule Period Enrollees.

IP CTS users who have enrolled with an IP CTS provider on or

after March 7, 2013, and before the date of the court’s mandate vacating the interim rules will have

enrolled in IP CTS while the interim rules are still in effect. The interim rules require IP CTS providers

to: (1) register these consumers prior to requesting compensation from the TRS Fund for service

provided to the consumer by obtaining the consumer’s name, address and telephone number;33 (2) obtain

a self-certification from the consumer;34 and (3) obtain independent, third party certification attesting to a

consumer’s need for IP CTS, if the consumer accepted IP CTS equipment free of charge or at a price

below $75 from any source other than a governmental program.35 IP CTS users who have enrolled in IP

CTS during this time period but who are not registered and certified in accordance with the interim rules

as of the effective date of the final rule,36 fall into the category of “existing IP CTS users” under the final

rule.37 Under the final rule, an IP CTS provider must take the following actions regarding this

subcategory of “existing IP CTS users”:38

(1) register each consumer prior to requesting compensation

31 47 C.F.R. §§ 64.604(c)(9)(vii), (xi); see also IP CTS Reform Order, 28 FCC Rcd at 13453, ¶ 72. An independent,

third party certification that is obtained from such users after the effective date of the final rule must state “that the

IP CTS user is an individual with hearing loss that necessitates use of captioned telephone service and that the third

party professional understands that the captioning on captioned telephone service is provided by a live

communications assistant and is funded through a federal program.” 47 C.F.R. § 64.604(c)(9)(viii)(C). The

independent, third party certification must also comply with all of the other requirements of 47 C.F.R.

§§ 64.604(c)(9)(vii) and (viii). As with self-certifications, if a provider, before the effective date of the final rule,

obtains a third party certification from such a user that satisfies the requirements of the interim rules, the provider

need not obtain another third party certification for that user in accordance with the final rule. IP CTS Reform

Order, 28 FCC Rcd at 13452, ¶¶ 69 n.216, 72; see also 47 C.F.R. § 64.604(c)(9)(v), (vi) (stating third party

certification requirements applicable to third party certifications obtained before the effective date of the final rule).

32 47 C.F.R. § 64.604(c)(9)(xi); IP CTS Reform Order, 28 FCC Rcd at 13452, ¶ 70.

33 IP CTS Interim Order, 28 FCC Rcd at 743, Appx. D, § 64.604(c)(9)(i).

34 IP CTS Interim Order, 28 FCC Rcd at 743-44, Appx. D, § 64.604(c)(9)(ii)-(iv). The self-certification obtained

from such users must state: “(A) The consumer has a hearing loss that necessitates IP CTS to communicate in a

manner that is functionally equivalent to communication by conventional voice telephone users; (B) The consumer

understands that the captioning service is provided by a live communications assistant; and (C) The consumer

understands that the cost of the IP CTS calls is funded by the TRS Fund.” Id. at 743, § 64.604(c)(9)(iii).

35 IP CTS Interim Order, 28 FCC Rcd at 744, Appx. D, § 64.604(c)(9)(v). The independent, third party professional

certification obtained from such users must state “that the IP CTS consumer is an individual with hearing loss who

needs IP CTS to communicate in a manner that is functionally equivalent to telephone service experienced by

individuals without hearing disabilities.” Id., § 64.604(c)(9)(v)(B).

36 This could occur if a provider has failed to fully comply with the interim registration and certification rule with

respect to some users who have enrolled while the interim rules are in effect.

37 See n.27, supra, for the definition of “existing IP CTS users.”

38 See IP CTS Reform Order, 28 FCC Rcd at 13452, ¶ 69 (adopting a rule requiring each IP CTS provider to

“register and obtain certification from all of its existing IP CTS users”). To the extent that the Public Notice issued

by CGB on February 24, 2014, is inconsistent with this interpretation of the final rule, see Consumer and

Governmental Affairs Bureau Clarifies Application of Internet Protocol Captioned Telephone Service (IP CTS)

Rules On User Registration and Certification, Public Notice, 29 FCC Rcd 1935, 1939 (2014) (stating that final rule

64.604(c)(9) “does not apply to consumers who commenced service on or after March 7, 2013, but before the

effective date of the final rule”), we will not rely on our prior interpretation of the rule. The IP CTS Reform Order

provides that each IP CTS providers must register and obtain self-certifications “from all of its existing IP CTS

5

image06-00.jpg612x792

from the TRS Fund for service provided to the consumer by obtaining the consumer’s full name, date of

birth, last four digits of the consumer’s social security number, address and telephone number;39 and (2)

obtain a self-certification from the consumer.40

IP CTS providers must complete these steps within 180

days after the effective date of the final rule regarding registration and certification.41

However, the

requirement of the final rule that IP CTS providers obtain independent, third party certification attesting

to a consumer’s need for IP CTS, if the consumer accepted IP CTS equipment free of charge or at a price

below $75 from any source other than a governmental program, does not apply to this subcategory of

“existing IP CTS users” because they did not commence service prior to March 7, 2013, the effective date

of the interim rules.42

Post-Court Mandate / Pre-Final Rule Effective Date Enrollees.

Because the final rule regarding

user registration and certification is not yet in effect,43 there may be a period of time between the court’s

mandate vacating the interim rules and the effective date of the final rule. IP CTS users who enroll with a

provider during this time period are not subject to any registration or certification requirements before the

final rule becomes effective. However, once the final rule becomes effective, IP CTS users who have

enrolled with a provider during this time period will fall into the category of “existing IP CTS users” if

they have not previously provided registration information and certification to that provider in compliance

with the interim rule.44 Once the final rule becomes effective, IP CTS providers will be required to take

the following actions regarding such “existing IP CTS users”45 (1) register each consumer prior to

requesting compensation from the TRS Fund for service provided to the consumer by obtaining the

consumer’s full name, date of birth, last four digits of the consumer’s social security number, address and

telephone number;46 and (2) obtain a self-certification from the consumer that complies with the final

rule.47

IP CTS providers must complete these steps within 180 days after the effective date of the final

rule.48 However, if an IP CTS provider voluntarily chooses to register and certify users who enroll with

an IP CTS provider during this time period in accordance with the interim or final rule, even though no

users.” 28 FCC Rcd at 13452, ¶ 69 (emphasis added). Thus, the registration and self-certification requirements of

final rule 64.604(c)(9) apply to all users who are enrolled in a provider’s IP CTS as of the effective date of the

amended registration and certification rule and were not previously registered and certified by that provider in

compliance with the interim registration and certification rule, including those users who commenced service on or

after March 7, 2013.

39 47 C.F.R. § 64.604(c)(9)(i).

40 47 C.F.R. § 64.604(c)(9)(iii). See n.30, supra, for the self-certification requirements.

41 Although the final rule does not codify the length of time IP CTS providers have to register existing users who

enrolled in IP CTS on or after March 7, 2013, the IP CTS Reform Order provides that IP CTS providers must

“register and obtain certification from their existing users within 180 days of the rule’s effective date.” IP CTS

Reform Order, 28 FCC Rcd at 13452, ¶ 70.

42 See IP CTS Reform Order, 28 FCC Rcd at 13453, ¶ 72 (stating that the independent, third party certification

requirement of the final rule applies to “existing users who received equipment for free or at a price below $75 . . .

prior to the effective date of the interim rules”) (emphasis added).

43 As noted above, because the final rule contains information collections, it will not take effect until after OMB has

approved the collections. IP CTS Reform Order, 28 FCC Rcd 13492-93, ¶¶ 166-67. Such approval has not yet been

given.

44 See n.27, supra, for the definition of “existing IP CTS users.”

45 See IP CTS Reform Order, 28 FCC Rcd at 13452, ¶ 69; see also n.42, supra.

46 47 C.F.R. § 64.604(c)(9)(i).

47 47 C.F.R. § 64.604(c)(9)(iii). See n.30, supra, for the self-certification requirements.

48 See n.41, supra.

6

image07-00.jpg612x792

registration and certification requirements will be in effect during this period, then the provider will not

be required to obtain additional registration information or new self-certifications from such users after

the final rule takes effect.49 Further, as with interim rule period enrollees discussed above, users who

enroll with an IP CTS provider during the post-court mandate—pre-final rule effective date time period

will not have commenced service prior to March 7, 2013 (the effective date of the interim rules).

Consequently, they will not be subject to the requirement of the final rule that IP CTS providers obtain

independent, third party certification attesting to a consumer’s need for IP CTS, if the consumer accepted

IP CTS equipment free of charge or at a price below $75 from any source other than a governmental

program.50

New Enrollees.

IP CTS users who enroll with their current IP CTS provider on or after the

effective date of the final rule will be subject to the registration and self-certification requirements of the

final rule. Accordingly, IP CTS providers must take the following actions regarding such users: (1)

register each consumer prior to requesting compensation from the TRS Fund for service provided to the

consumer by obtaining the consumer’s full name, date of birth, last four digits of the consumer’s social

security number, address and telephone number;51 (2) obtain a self-certification from each user.52 IP CTS

providers will not be required to obtain independent, third party certification from such users, even if the

user obtains IP CTS equipment for free or less than $75.53

Additional Information

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

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.

49 See IP CTS Reform Order, 28 FCC Rcd at 13452, n.216 (defining “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”) (emphasis added). [This might add to the confusion about what is an “existing

50 See IP CTS Reform Order, 28 FCC Rcd at 13453, ¶ 72; see also n.42, supra.

51 47 C.F.R. § 64.604(c)(9)(i).

52 47 C.F.R. § 64.604(c)(9)(iii). See n.30, supra, for the self-certification requirements.

53 See IP CTS Reform Order, 28 FCC Rcd at 13453, ¶ 72 (stating that the Commission does not retain the third party

certification approach for “new users”).

7

image08-00.jpg792x612

APPENDIX

Summary of IP CTS user registration and certification requirements

Registration

Self-Certification

Independent, Third Party Certification

Consumers enrolled with

Must collect consumer’s full

Must obtain self-certification in

Must obtain an independent, third party

an IP CTS provider prior

name, date of birth, last four

accordance with 47 C.F.R.

certification attesting to the consumer’s need

to March 7, 2013

digits of social security number,

§ 64.604(c)(9)(iii) and (iv)

for IP CTS in accordance with 47 C.F.R.

address, and telephone number

within 180 days after effective

§ 64.604(c)(9)(vii) and (viii) within 180 days

within 180 days after effective

date of final rule.

after effective date of final rule, if the

date of final rule.

consumer accepted IP CTS equipment for

Self-certifications obtained

free or at a price below $75 from any source

prior to the effective date of the

other than a governmental program.

final rule need only comply

with 47 C.F.R.

Third party certifications obtained prior to

§ 64.604(c)(9)(ii) and (iv).

the effective date of the final rule need only

comply with 47 C.F.R. § 64.604(c)(9)(v) and

(vi).

Consumers enrolled with

If consumer is registered in

If consumer is registered in

The interim rules, which will apply until the

an IP CTS provider on or

accordance with the interim rules

accordance with the interim

court issues its mandate, require the provider

after March 7, 2013 and

during this time period, provider

rules during this time period,

to obtain independent, third party

before the date of the

must collect consumer’s name,

provider must obtain self-

certification attesting to the consumer’s need

court’s mandate vacating

address, and telephone number.

certification in accordance with

for IP CTS in accordance with 47 C.F.R.

the interim rules

47 C.F.R. § 64.604(c)(9)(ii) and

§ 64.604(c)(9)(v) and (vi), if the consumer

If consumer is not registered in

(iv).

accepted IP CTS equipment free of charge or

accordance with the interim rules

at a price below $75 from any source other

before effective date of final

If consumer is not registered in

than a governmental program.

rule, provider must collect

accordance with the interim

consumer’s full name, date of

rules before effective date of

After the court issues its mandate, the interim

birth, last four digits of social

final rule, provider must obtain

rules are vacated. The final rule does not

security number, address, and

self-certification in accordance

require independent, third party certification

8

image09-00.jpg792x612

telephone number within 180

with 47 C.F.R.

of users enrolled during the interim period

days after effective date of final

§64.604(c)(9)(iii) and (iv)

but not registered in accordance with the

rule.

within 180 days after effective

interim rules.

date of final rule.

Consumers enrolled with

If consumer is registered in

If consumer is registered in

If consumer is registered in accordance with

an IP CTS provider on or

accordance with the interim rules

accordance with the interim

the interim rules during this time period

after the date of court’s

during this time period (although

rules during this time period

(although providers are not obligated to

mandate and before the

providers are not obligated to

(although providers are not

follow the interim rules during this time),

effective date of the final

follow the interim rules during

obligated to follow the interim

provider must obtain independent, third party

rule

this time), provider must collect

rules during this time), provider

certification attesting to the consumer’s need

consumer’s name, address, and

must obtain self-certification in

for IP CTS in accordance with 47 C.F.R.

telephone number.

accordance with 47 C.F.R.

§ 64.604(c)(9)(v) and (vi), if the consumer

§ 64.604(c)(9)(ii) and (iv).

accepted IP CTS equipment free of charge or

If consumer is not registered in

at a price below $75 from any source other

accordance with the interim

If consumer is not registered in

than a governmental program.

rules, provider must collect

accordance with the interim

consumer’s full name, date of

rules, provider must obtain self-

If the consumer is not registered in

birth, last four digits of social

certification in accordance with

accordance with the interim rules, the final

security number, address, and

47 C.F.R. § 64.604(c)(9)(iii)

rules do not require provider to obtain

telephone number within 180

and (iv) within 180 days after

independent, third party certification of these

days after effective date of final

effective date of final rules.

users.

rule.

Consumers enrolled with

Must collect consumer’s full

Must obtain self-certification in

No independent, third party certification

an IP CTS provider on or

name, date of birth, last four

accordance with 47 C.F.R.

required.

after the effective date of

digits of social security number,

§ 64.604(c)(9)(iii) and (iv) upon

the final rule

address, and telephone number

registration.

upon registration.

9

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.