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Released: February 3, 2010
Federal Communications Commission
Washington, D.C. 20554
February 3, 2010
DA 10-225
William Banks
600 Cleveland Street, Suite 1000
Clearwater, FL 33755
CSDVRS’s request for payment of VRS minutes containing incomplete call record data
from December 2008 to April 2009 (CG Docket No. 03-123)
Dear Mr. Banks:
By this letter, the Consumer and Governmental Affairs Bureau (Bureau) grants CSDVRS’s
request for payment of Video Relay Service (VRS) calls from December 2008 through April 2009 for
which CSDVRS’s billing platform failed to capture call conversation time. We therefore direct the
National Exchange Carriers Administration (NECA), the Interstate TRS Fund Administrator, to remit
payment of [REDACTED] to CSDVRS within 10 business days of the date of this letter.
On March 10, 2009, CSDVRS sent a letter to the Bureau’s Disability Rights Office (DRO)
seeking advice on how they might be compensated for VRS minutes for which their billing platform
failed to capture conversation time.1 CSDVRS noted that it implemented a new billing platform in
December 2008, and as a result was unable to capture the conversation time for approximately
[REDACTED] percent of its calls. On June 24, 2009, CSDVRS sent a second letter to DRO confirming
that they had resolved the call data issue and that a redundancy system has been implemented to prevent
similar problems from occurring in the future.2 In this letter, CSDVRS provided a list of the total session
minutes from December 2008 through April 2008 for which conversation minutes were lost and for which
CSDVRS seeks payment. After NECA reviewed the list, NECA and CSDVRS agreed with the following
December 2008:
[REDACTED] minutes
January 2009:
[REDACTED] minutes
February 2009:
[REDACTED] minutes
March 2009:
[REDACTED] minutes
April 2009:
[REDACTED] minutes


[REDACTED] minutes
Although CSDVRS did not capture the conversation time for these calls, it did capture the session
time. CSDVRS therefore requests that the Commission apply a utilization rate to the session minutes to

1 Letter from William Banks, General Counsel, CSDVRS, to Thomas Chandler, Chief, Disability Rights Office
dated March 10, 2009 (CG Docket No. 03-123).
2 Letter from William Banks, General Counsel, CSDVRS, to Thomas Chandler, Chief, Disability Rights Office
dated June 24, 2009 (CG Docket No. 03-123).

estimate compensable conversation minutes. CSDVRS suggested three alternative approaches to
estimating conversation time:
1. A rate based on the average monthly utilization rates of all VRS providers for calendar
year 2008;
2. A rate based on the CSDVRS’s utilization rate for the other minutes it billed NECA for
the same months; or
3. A rate based on CSDVRS’s average utilization rate for its calendar year 2008 minutes.
We conclude that applying the average monthly utilization rate of all VRS providers for calendar
year 2008 – 69.6 percent3 – is most appropriate in these circumstances. Although this percentage is
slightly less that those calculated based solely on CSDVRS’s data, we find this to be the most equitable
resolution given the lack of actual data. As a result, we apply the VRS industry’s average utilization rate
for calendar year 2008 of 69.6 percent to the [REDACTED] session minutes at issue, which results in
[REDACTED] conversation minutes (rounding up from[REDACTED]).
Because CSDVRS’s total minutes for the months at issue fall in the [REDACTED] tier, we apply
the [REDACTED] rate of [REDACTED] to these conversation minutes. Multiply the [REDACTED]
conversation minutes by the [REDACTED] rate results in a total amount owed of [REDACTED]. The
Bureau directs NECA to remit payment of [REDACTED] to CSDVRS within 10 business days of the
date of this letter.
In reaching this result, we grant a limited waiver of the Commission’s rule, 47 C.F.R.
§64.604(c)(5)(iii)(E), which requires that “all TRS providers, including providers who are not
interexchange carriers, local exchange carriers, or certified state relay providers, must submit reports of
interstate TRS minutes of use to the administrator in order to receive payments,” and that compensable
minutes are “minutes of use for completed … calls … beginning after call set-up and concluding after the
last message call unit” (i.e., conversation time).4
Accordingly, IT IS ORDERED that, pursuant to the authority granted by sections 1, 4(i), 4(j), 5,
and 225 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 155 and 225,
and pursuant to the authority delegated in sections 0.141., 0.361, and 64.604 of the Commission’s rules,
47 C.F.R. §§ 0.141, 0.361 and 64.604, the Interstate TRS Fund Administrator SHALL REMIT
[REDACTED] to CSDVRS, attention William Banks, General Counsel, 600 Cleveland Street, Suite
1000, Clearwater, FL 33755 within 10 days of the date of this letter.5

3 This percentage is based on data we received from the Fund administrator.
4 47 C.F.R. § 64.604(c)(5)(iii)(E). Generally, the Commission’s rules may be waived for good cause shown. 47
C.F.R. § 1.3. The Commission may exercise its discretion to waive a rule where the particular facts make strict
compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166
(D.C. Cir. 1990) (Northeast Cellular); see also WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969). We find
that CSDVRS’s explanation for not complying with this rule for the limited number of minutes at issue here is
sufficient to warrant a waiver. We also note that CSDVRS has corrected the underlying problem.
5 CSDVRS’s June 24, 2009, letter (see note 2, supra) requests that data pertaining to its minutes of use be treated as
confidential under the Commission’s rules. As a result, the version of this letter filed in the docket will have the
company’s proprietary commercial and financial information redacted.

If you have any questions concerning this matter, please contact Gregory Hlibok, Disability
Rights Office, Consumer and Governmental Affairs Bureau, FCC, at (202) 550-5158 (voice or
videophone), or
Joel Gurin
Chief, Consumer and Governmental Affairs Bureau

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