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Waiver of the TRS Fund filing requirement for video relay service

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Released: April 30, 2012

Federal Communications Commission

DA 12-687

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 30, 2012

Released: April 30, 2012

By the Acting 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, 2012 Fund administrator filing requirement for video relay service (VRS)
payment formulas and revenue requirements pending further guidance. As indicated in the 2011 TRS
Rate Order
for VRS, we anticipate that the current interim rates will remain in place pending the
completion of the current proceeding on reforming the structure and practices in the VRS market.4
2. Generally, the Commission’s rules may be waived for good cause shown.5 The Commission
may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent
with the public interest.6 In addition, the Commission may take into account considerations of hardship,
equity, or more effective implementation of overall policy on an individual basis.7 Waiver of the


1 47 C.F.R. § 64.604(c)(5)(iii)(E), (H).
2 The Fund administrator currently is the Rolka Loube Saltzer Associates (RLSA).
3 See 47 C.F.R. §§ 0.141, 0.361.
4 Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities
; CG Docket No. 03-123; Structure and Practices of the Video Relay Service Program; CG Docket No.
10-51 Order, 26 FCC Rcd 9972, 9980-81, ¶23 (2011) (“We adopt the current interim rates and compensation
structure for VRS to be effective until the Commission completes its review of the compensation method and market
structure for VRS”). See also Structure and Practices of the Video Relay Service Program, CG Docket No. 10-51,
Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities,
CG Docket No. 03-123, Further Notice of Proposed Rulemaking, 26 FCC Rcd 17367 (2011).
5 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”).
6 Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
7 WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.

Federal Communications Commission

DA 11-655

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.8
3. As noted above, the Commission is currently considering an appropriate rate structure for
VRS, and we anticipate retaining the current interim rates pending the conclusion of that proceeding. In
this context, we find that requiring the Fund administrator to meet the May 1, 2012 filing deadline for
VRS payment formulas and revenue requirements would impose an undue burden on the Fund
administrator. We therefore extend the May 1, 2012 Fund administrator filing requirement for VRS
payment formulas and revenue requirements pending further guidance.
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, 2012 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 EXTENDED as provided herein.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Acting Chief
Consumer and Governmental Affairs Bureau



8 Northeast Cellular, 897 F.2d at 1166.
2

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