[Federal Register: June 28, 2006 (Volume 71, Number 124)]
[Notices]
[Page 36795-36796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn06-84]
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FEDERAL COMMUNICATIONS COMMISSION
[CG Docket No. 03-123; DA 06-1243]
Notice of Certification of Healinc Telecom, LLC as a Provider of
Video Relay Service (VRS) Eligible for Compensation From the Interstate
Telecommunications Relay Service (TRS) Fund
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Commission grants Healinc Telecom, LLC
(Healinc) certification as a VRS provider eligible for compensation
from the Interstate TRS Fund. The Commission concludes that Healinc has
demonstrated that its provision of VRS will meet or exceed all
operational, technical, and functional TRS standards set forth in the
Commission's rules; that it makes available adequate procedures and
remedies for ensuring compliance with applicable Commission rules; and
that to the extent Healinc's service differs from the mandatory minimum
standards, the service does not violate the rules.
DATES: Effective June 9, 2006.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington DC 20554.
FOR FURTHER INFORMATION CONTACT: Gregory Hlibok, Consumer &
Governmental Affairs Bureau, Disability Rights Office at (866) 410-
5787, ext. 16757 (Voice), (202) 418-0431 (TTY), or e-mail at
Gregory.Hlibok@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document DA 06-1243, released June 9, 2006, addressing an application
for certification filed by Healinc Telecom, LLC on February 22, 2006.
See Notice of Certification of Healinc Telecom, LLC as a Provider of
Video Relay Service (VRS) Eligible for Compensation from the Interstate
Telecommunications Relay Service (TRS) Fund, in CG Docket No. 03-123.
The full text of document DA 06-1243 and copies of any subsequently
filed documents in this matter will be 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. Document DA 06-1243 and copies of subsequently
filed documents in this matter may also be purchased from the
Commission's duplicating contractor at Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554. Customers may contact the
Commission's duplicating contractor at its Web site http://www.bcpiweb.com
or by calling 1-800-378-3160. 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 & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY). Document DA 06-1243 can also be
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro
.
Synopsis
On February 22, 2006, Healinc Telecom, LLC (Healinc) filed an
application for certification, (Healinc Telecom, LLC, VRS Certification
Application of Healinc Telecom LLC CG Docket No. 03-123 (February 22,
2006) (Healinc Application)) as a VRS provider eligible for
compensation from the Interstate TRS Fund (Fund) pursuant to the
recently adopted provider certification rules. See Telecommunications
Relay Services for Individuals with Hearing and Speech Disabilities,
Report and Order and Order on Reconsideration, CG Docket No. 03-123,
FCC 05-203 (December 12, 2005); published at 70 FR 76208, December 23,
2005 (2005 VRS Provider Order); 47 CFR 64.605(a)(2) of the Commission's
rules. Prior to the 2005 VRS Provider Order, an entity desiring to
offer TRS and receive compensation from the Fund had to meet one of the
three eligibility standards set forth in 47 CFR 64.604(c)(5)(iii)(F) of
the Commission's rules. On April 18, 2006, Healinc submitted an
addendum, (Healinc Telecom, LLC, VRS Certification Addendum of Healinc
Telecom, LLC, CG Docket No. 03-123 (April 18, 2006) (Healinc Addendum))
to its original application clarifying that it was seeking
certification only as a provider of VRS. The addendum also documented
Healinc's compliance with some mandatory minimum standards that were
not addressed in its original application. Healinc's application is
granted, subject to the conditions noted below.
On December 12, 2005, the Commission released an order adopting new
rules permitting carriers desiring to offer VRS and receive payment
from the Fund to seek certification as a provider eligible for
compensation from the Fund. 2005 VRS Provider Order, supra. The rules
require entities seeking such certification to submit documentation to
the Commission setting forth, in narrative form:
(i) A description of the forms of TRS to be provided (i.e., VRS
and/or IP Relay); (ii) a description of how the
[[Page 36796]]
provider will meet all non-waived mandatory minimum standards
applicable to each form of TRS offered; (iii) a description of the
provider's procedures for ensuring compliance with all applicable TRS
rules; (iv) a description of the provider's complaint procedures; (v) a
narrative describing any areas in which the provider's service will
differ from the applicable mandatory minimum standards; (vi) a
narrative establishing that services that differ from the mandatory
minimum standards do not violate applicable mandatory minimum
standards; (vii) demonstration of status as a common carrier; and
(viii) a statement that the provider will file annual compliance
reports demonstrating continued compliance with these rules. 47 CFR
64.605(a)(2) of the Commission's rules.
The rules further provide that after review of the submitted
documentation, the Commission shall certify that the VRS provider is
eligible for compensation from the Fund if the Commission determines
that the certification documentation:
(i) Establishes that the provision of VRS * * * will meet or exceed
all non-waived operational, technical, and functional minimum standards
contained in Sec. 64.604 of the Commission's rules; (ii) establishes
that the VRS * * * provider makes available adequate procedures and
remedies for ensuring compliance with the requirements of this section
and the mandatory minimum standards contained in Sec. 64.604 of the
Commission's rules, including that it makes available for TRS users
informational materials on complaint procedures sufficient for users to
know the proper procedures for filing complaints; and (iii) where the
TRS service differs from the mandatory minimum standards contained in
Sec. 64.604 of the Commission's rules, the VRS * * * provider
establishes that its service does not violate applicable mandatory
minimum standards. 47 CFR 64.605(b)(2) of the Commission's rules.
The Bureau has reviewed the Healinc Application and Healinc
Addendum pursuant to these rules. The Bureau concludes that Healinc has
demonstrated that its provision of VRS service will meet or exceed all
operational, technical, and functional TRS standards set forth in 47
CFR 64.604 of the Commission's rules; that it makes available adequate
procedures and remedies for ensuring compliance with applicable
Commission rules; and that to the extent Healinc's service differs from
the mandatory minimum standards, the service does not violate the
rules. See, e.g., Healinc Application at page 9-13 of Appendix 2
(noting that Healinc will offer picture caller ID, picture directory of
VRS CAs, and text messaging service).
The Bureau notes the Commission has adopted a declaratory ruling
requiring the interoperability of VRS equipment and services. See
Telecommunications Relay Services for Individuals with Hearing and
Speech Disabilities, CG Docket No. 03-123, Declaratory Ruling and
Further Notice of Proposed Rulemaking, FCC 06-57 (May 9, 2006),
published at 71 FR 30818, May 31, 2006 and 71 FR 30848, May 31, 2006
(addressing California Coalition of Agencies Serving the Deaf and Hard
of Hearing (CCASDHH), Petition for Declaratory Ruling on
Interoperability, CC Docket No. 98-67, CG Docket No. 03-123, DA 05-509
(filed February 15, 2005)), published at 70 FR 12884, March 16, 2005.
The Bureau conditions this grant of certification upon compliance with
that order. See also 47 CFR 64.605(e)(2) of the Commission's rules
(Commission may require certified providers to submit documentation
demonstrating compliance with the mandatory minimum standards).
Further, Healinc must file an annual report with the Commission
evidencing that they are in compliance with Sec. 64.604 of the
Commission's rules. See 47 CFR 64.605(g) of the Commission's rules. The
first such report shall be due one year after June 9, 2006, and
subsequent reports shall be due each year thereafter.
This certification shall remain in effect for a period of five
years from the release date of June 9, 2006. See 47 CFR 64.605(c)(2) of
the Commission's rules. Within ninety days prior to the expiration of
this certification, Healinc may apply for renewal of its VRS service
certification by filing documentation in accordance with the
Commission's rules. See 47 CFR 64.605(c)(2) of the Commission's rules.
Federal Communications Commission.
Jay Keithley,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 06-5840 Filed 6-27-06; 8:45 am]
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