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Structure and Practices of the Video Relay Service Program; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities Order

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Released: May 4, 2011

Federal Communications Commission

DA 11-655

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Structure and Practices of the Video Relay Service )
CG Docket No. 10-51
Program
)
)

Telecommunications Relay Services and Speech-
)
CG Docket No. 03-123
to-Speech Services for Individuals with Hearing
)
and Speech Disabilities
)
)

ORDER

Adopted: April 8, 2011

Released: April 8, 2011

By the Chief, Consumer and Governmental Affairs Bureau:
1. Under section 64.604(c)(5)(iii)(E) and (H) of the Commission's rules,1 the Interstate
Telecommunications Relay Services (TRS) Fund (Fund) administrator2 is required to file TRS payment
formulas and revenue requirements with the Commission on May 1 of each year, to be effective the
following July 1. In this Order, the Consumer and Governmental Affairs Bureau, pursuant to delegated
authority,3 waives this May 1, 2011 Fund administrator filing requirement for video relay service (VRS)
payment formulas and revenue requirements only.
2. Generally, the Commission's rules may be waived for good cause shown.4 The Commission
may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent
with the public interest.5 In addition, the Commission may take into account considerations of hardship,
equity, or more effective implementation of overall policy on an individual basis.6 Waiver of the
Commission's rules is therefore appropriate only if special circumstances warrant a deviation from the
general rule, and such a deviation will serve the public interest.7
3. The Commission is currently considering the compensation structure for VRS for the 2011-
12 Fund year, commencing July 1, 2011.8 During this time, we find that requiring the Fund


1 47 C.F.R. 64.604(c)(5)(iii)(E), (H).
2 The Fund administrator currently is the National Exchange Carrier Association (NECA).
3 See 47 C.F.R. 0.141, 0.361.
4 47 C.F.R. 1.3 ("Any provision of the rules may be waived by the Commission on its own motion . . . if good
cause therefor is shown").
5 Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
6 WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.
7 Northeast Cellular, 897 F.2d at 1166.
8 See FCC Items on Circulation, Telecommunications Relay Services and Speech-to-Speech Services for Individuals
with Hearing and Speech Disabilities; 2011-12 VRS Rates NPRM at: http://www.fcc.gov/fcc-bin/circ_items.cgi
(continued . . .)

Federal Communications Commission

DA 11-655

administrator to meet the May 1, 2011 filing deadline for VRS payment formulas and revenue
requirements would impose needless administrative costs and burdens on the Fund administrator and the
Fund. We therefore waive the May 1 Fund administrator filing requirement for VRS payment formulas
and revenue requirements immediately. After considering the issues before it, the Commission will
provide further guidance to the Fund administrator in a subsequent order.
4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i)(j), 225, and 303(r) of the
Communications Act of 1934, as amended, 47 U.S.C. 154(i)(j), 225, and 303(r), and sections 0.361,
1.3 and 64.604(c)(5)(iii) of the Commission's rules, 47 C.F.R. 0.361, 1.3, and 64.604(c)(5)(iii), this
Order IS ADOPTED.
5. IT IS FURTHER ORDERED that the Fund administrator's May 1, 2011 filing deadline for
VRS payment formulas and revenue requirements, pursuant to section 64.604(c)(5)(iii)(E) and (H) of the
Commission's rules, 47 C.F.R. 64.604(c)(5)(iii)(E), (H), IS WAIVED as provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Joel Gurin
Chief
Consumer and Governmental Affairs Bureau

(continued from previous page)


(visited April 8, 2011). See also Structure and Practices of the Video Relay Service Program, CG Docket No. 10-
51, Notice of Inquiry, 25 FCC Rcd 8597 (2010).
2

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