WPCBD 2BJZ Courier3|wx6X@`7X@HP LaserJet 5Si 2000M RM 210HPLAS5SI.PRSx  @\D!sX@26 ZFK3|wHP LaserJet 5Si 2000M RM 210HPLAS5SI.PRSC\  P6Q\D!sP"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""A.SSxSSJJSJS+SSSSS8SSSSSSSSS.xJxJxJxJxJorJiJiJiJiJ8.8.8.8.{SxSxSxSxS{S{S{S{SxSxJ{SxSxSxS{S`SxIxSxIqIqIrSrS{dgIiSiSgIxSxSxSxSxS{S{S8.SSSS8Sz]SSuSg/g\4  pG;7jC:,ynXj\  P6G;XP7nC:,xR yOF-ԍ#]\  PCɒP# 47 C.F.R.  64.604 (c)(4)(iii)(E).{ The TRS Fund is currently administered by the National Exchange Carrier  X-Association (NECA).I?R yO- xԍ#]\  PCɒP# See Appointment of the Telecommunications Relay Services (TRS) Fund Administrator and Composition of  yO-the TRS Advisory Committee, CC Docket No. 90571, Memorandum Opinion and Order, 10 FCC Rcd. 7723 (1995).I Pursuant to the jurisdictional cost separation mandates of the ADA, intrastate TRS costs are recovered by the States pursuant to a variety of mechanisms,  X-including baserate payments, subscriber line surcharges and legislative appropriations.@` R yO - x;ԍ#]\  PCɒP# The ADA requires that costs caused by intrastate TRS be recovered from the intrastate jurisdiction. 47 U.S.C.  225(d)(3)(B).  X-x35.` ` We note that the ADA, which states that "costs caused by interstate telecommunications relay services shall be recovered from all subscribers for every interstate service," does not explicitly limit interstate costs eligible for recovery from the TRS Fund to"| @,-(-(ZZP"  X-TTYtovoice or voicetoTTY relay services.YAR yOy-ԍ#]\  PCɒP# Id.Y We seek comment, therefore, on whether allowing TRS providers to recover the costs of providing improved interstate TRS services from the TRS Fund, including costs caused by interstate video relay, speechtospeech and multilingual TRS, is consistent with the Congressional intent underlying the ADA. Commenters should also address whether current TRS Fund rules allow for the recovery of  X-costs for voluntarilyprovided services (i.e., services that are not required under our minimum  Xx-standards).BxXR yO - xԍ#]\  PCɒP# Current Commission rules state that TRS providers are entitled to compensation for "reasonable costs of  x,providing interstate TRS," and payments from the TRS Fund shall be based on "total monthly interstate minutes of  xuse." 47 C.F.R.  64.604(c)(4)(iii)(E). "Minutes of use" are defined as "the minutes of use for completed interstate  xTRS calls placed through the TRS center beginning after call setup and concluding after the last message call unit."  yO -Id.   XJ-x36.` ` Under the Commission's rules, TRS providers are reimbursed for interstate  X3-TRS costs on a "conversation minutes" basis i.e., beginning after call setup and concluding  X -after the last message call unit.[C R yO-ԍ#]\  PCɒP# Id. [ Commenters, therefore, should address whether improved TRS services, such as video relay, would require lengthy call setup procedures that would not be recoverable under current TRS Fund rules. x  X - F. Xx SCOPE OF ACCESS PROVIDED(#  X-Xx1.X` ` Background(#`  Xd-x 37.` ` Our rules require TRS to be "capable of handling any type of call normally  XM-provided by common carriers."kDMR yO-ԍ#]\  PCɒP# 47 C.F.R. 64.604(a)(3).k In enacting the ADA, however, Congress specifically indicated that "there are some services, such as audiotext services, that connect callers to recorded information services. It is not the function of this legislation to facilitate access to  X-these kind of services."fE( R yO-ԍ#]\  PCɒP# House Report IV at 66.f Accordingly, when adopting our TRS rules, we held that TRS providers were not required to offer access to enhanced services, but we encouraged the  X-provision of access to such services where technically feasible.PF R yOC#- xԍ#]\  PCɒP# TRS I at 4657, fn. 20 (1991); See also Id., Order on Reconsideration, Second Report and Order, and Further  yO $-Notice of Proposed Rulemaking, CC Docket No. 90571, 8 FCC Rcd 1802, 1804 (1993).P We believe that some TRS providers may be offering, or planning to offer, some degree of access to enhanced services"F,-(-(ZZ"  X-on a voluntary basis.GxR yOy- xhԍ#]\  PCɒP# "Enhanced services" are defined under our rules as services offered over common carrier transmission facilities  x-used in interstate communications, which employ computer processing applications that: (1) act on the format,  xcontent, code, protocol or similar aspects of the subscriber's transmitted information; (2) provide the subscriber  yO- xadditional, different or restructured information; or (3) involve subscriber interaction with stored information. 47  xC.F.R.  64.702(a). Examples of "enhanced services" include voicemail messaging, interactive information services,  x<services with storeandforward capabilities, and information service "gateways." As a general matter, enhanced  yO)-services are not subject to Title II common carrier regulations. Id.  x  X-Xx 2.X` ` Comment Requested(#`  X-x 38.` ` We seek to develop a record on the scope of access currently being offered by TRS providers. Specifically, we request comment on whether there are any services covered by Title IV that are not currently accessible through TRS. If so, we request comment on the types of services involved, the reasons for the lack of access, and how such access might be provided. We also request comment on whether any TRS providers are currently offering, or planning to offer, access to any enhanced services on a voluntary basis. If so, we request comment on the types of services provided, why the TRS provider decided to offer such access, the demand for such access, and the cost and technical issues involved in such offerings.  X -x39.` ` We also seek comment on the interaction between Title IV and Section 255.H R yOw- xԍ#X\  P6G;ɒP# 47 U.S.C.  255. See fn. 9, supra, for citation to the Commission's recent Notice of Inquiry on implementing Section 255. We note that Section 255 requires telecommunications service providers and equipment manufacturers to ensure that their services and equipment are accessible to and usable by  Xy-individuals with disabilities, if readily achievable.Iy` R yO- xԍ#]\  PCɒP# Id. "Telecommunications service" is defined in the Act as "the offering of telecommunications for a fee  xdirectly to the public, or to such classes of users as to be effectively available directly to the public regardless of the  yO- xfacilities used." 47 U.S.C.  153(46). See fn. 56, supra, for the definition of "telecommunications" under the Act.  {O-Cf. 47 U.S.C.  153(20), which defines "information service" separately from "telecommunications service."  We seek comment on how these provisions may work together to result in improved access for TRS users.  X4- G.XxOTHER WAYS TO IMPROVE TRS(#  X-  X-Xx 1.X` ` Call Interruptions or Suspensions (#`  X-  X-x40.` ` In order to preserve the functional equivalency of TRS, it is important that TRS users be able to begin and end a TRS call without arbitrary suspensions or unnecessary interruptions from the CA. Commission regulations generally prohibit CAs from"I,-(-(ZZ4"  X-"intentionally altering a relayed conversation" and from "limiting" the length of calls.pJR yOy-ԍ#]\  PCɒP# 47 C.F.R. 64.604(a)(2), (3).p As a matter of practice, we apply the terms "intentional alteration" and "limiting" calls broadly, and discourage any interruptions or interjections on the part of the CA that disrupt the continuity  X-of a TRS call, except where necessary for facilitation of the call (i.e., to ask for clarification of unintelligible messages).  Xv-x41.` ` We seek comment on the effectiveness of our rules in this area. We request comment on: (1) the average length of TRS calls; (2) the extent to which any CAinitiated  XH-call suspensions may be occurring, i.e., for purposes of changing CAs at the end of the current CA's working shift; (3) if there are any suspensions or interruptions, why they are occurring; (4) whether these suspensions cause a problem for TRS users; and (5) the current policies of TRS providers on call completion.  X -  X -Xx 2.X` ` TTY/Telebraille Equipment Distribution(#`  X -  X -x42. ` ` We recognize that, as long as individuals with hearing and speech disabilities are required to purchase specialized customer premises equipment (CPE), including TTYs, such individuals may not enjoy the same access to the telephone network as voice telephone users. This is because such specialized equipment can be much more expensive than a regular telephone. In recognition of this, our rules currently permit common carriers to provide, under tariff, customer premises equipment needed by persons with hearing, speech, vision or mobility impairments to such persons or to associations or institutions that regularly require  X-the equipment to communicate with such persons.KXXR yO- xLԍ#]\  PCɒP# See 47 C.F.R.  64.606. The Commission's authority to adopt this rule arose from Section 3(g) of the  yO- xTelecommunications for the Disabled Act of 1982, Pub. L. 97410, 96 Stat. 2043 (1982), codified at 47 U.S.C.   yO-610(g). #c PE37 P#Į Common carriers, therefore, may offer such CPE as a tariffed service; some state legislatures have also passed legislation enacting  X-such equipment distribution programs..LxR yO- xԍ #]\  PCɒP#See, e.g., Fla. Stat. Ann.  427.705 (Florida); Mass. Gen. Laws Ann. 166  15E (Massachusetts); Ia. Code  yO-Ann.  477.C.4 (Iowa); Ky. Rev. Stat.  163.525 (Kentucky). .  X-x43.` ` We seek comment on how effective our rules have been in encouraging carriers to distribute TTY, Telebraille and other specialized customer premises equipment voluntarily at discounted rates, or free of charge. We also seek comment on the extent to which carriers or state legislatures have introduced or enacted equipment distribution programs. Are maintenance services and highquality equipment provided? What are the average prices for CPE used to access TRS, including TTYs and Telebraille equipment? Do any studies show how many potential TRS users fail to use the service because they cannot afford the necessary equipment? Could the equipment necessary for VRI use also be included in such programs? We also seek general comment on what specific steps, if any, the Commission can take within"L,-(-(ZZ<" its statutory authority to further promote equipment distribution programs.  X-x 3.` ` CA Training and Quality Standards(#` x  X-x 44.` ` Our operational standards require TRS providers to ensure that CAs are trained to meet the specialized communication needs of individuals with hearing and speech disabilities, and possess both competent skills in typing, grammar, spelling, interpretation of typewritten ASL, and familiarity with hearing and speech disability cultures, languages and  XH-etiquette.lMHR yO -ԍ#]\  PCɒP# 47 C.F.R.  64.604(a)(1).l We seek general comment on the effectiveness of this rule over the past three years. Based on the experiences of TRS users and providers, are there noticeable gaps in CA quality and training standards that we should address? If so, commenters should also discuss whether we can most effectively guarantee a minimum level of CA quality through  X -regulations (i.e., by modifying our minimum standards), or through enforcement actions taken in response to complaints. Commenters should provide specific examples of ways to improve CA quality and training. x  X-x 4.` ` Information and Outreach(#` x  Xb-x 45.` ` As with any telecommunications service, consumer education, training and outreach are essential to the success of TRS. Our rules require carriers to "assure that callers in their service areas are aware of the availability and use of TRS" through publication in carrier directories, periodic billing inserts, placement of TRS instructions in telephone directories, directory assistance services, and incorporation of TTY numbers in their telephone  X-directories.lNXR yO-ԍ#]\  PCɒP# 47 C.F.R.  64.604(c)(2).l We seek comment on how effective carrier efforts to ensure that callers are aware of TRS have been to date, and whether our current rules cause carriers to conduct effective educational programs. We are especially interested in whether carriers have been presenting information about TRS to the general telephone user population, as well as to individuals with hearing and speech disabilities.  Xe-x46.` ` Businesses and other voice telephone users sometimes refuse to accept TRS calls, or hang up on TRS users, in the mistaken belief that TRS calls are sales calls or "thirdparty" calls, or would involve a breach of customer confidentiality. We believe that such problems can, to some extent, be remedied through outreach and training to business and commercial institutions, in particular financial institutions that transmit confidential information over the telephone. Education on the TRS program and the confidentiality of TRS calls would lessen the number of refused TRS calls. We seek comment, therefore, on how carriers can better inform business and commercial customers about the availability and use of TRS. ""N,-(-(ZZ!"Ԍ X-x 5.` ` TTY Listings(#` x  X-x 47.` ` Our rules list "incorporation of TT[Y] numbers in telephone directories" as one  X-mechanism through which carriers can promote awareness of TRS.YOR yO4-ԍ#]\  PCɒP# Id.Y While we recognize that TTY listings are often made available through independentlypublished directories, we also believe that "mainstream" TTY listings would reduce the frustration experienced by voice callers searching for TTY listings, or the frustration experienced by voice callers who are unfamiliar with the tones of a TTY and cannot recognize a dialed number as a TTY number  XH-(i.e., a TTY listing would provide "advance notice" that a specific number may be answered by a TTY user). We seek general comment on the extent to which carriers are currently offering TTY users the option of having their number designated as a TTY number, either in published directories or through Directory Assistance (DA) services.  X -Xx 6.X` ` Other Areas of Improvement(#`  X -x 48.` ` We request comment on the overall effectiveness of the TRS program. What other changes can be made to ensure that functionally equivalent access "to the extent possible and in the most efficient manner" is provided? We seek comment on whether our operational, technical and functional standards, in particular our standards regarding call  XK-blockagelPKXR yOT-ԍ#]\  PCɒP# 47 C.F.R.  64.604(b)(4).l and speed of answer,lQKR yO-ԍ#]\  PCɒP# 47 C.F.R.  64.604(b)(2).l need to be revised or updated to reflect the experience and growth of the TRS industry. We are interested in learning of other new technologies that we  X-have not addressed in this NOI, especially technologies that are likely to become available within the next ten to fifteen years. For example, are voice recognition and other speechtotext or texttospeech systems being developed that could eventually replace human CAs? Finally, we invite general comment on other ways in which the Commission's mandatory minimum standards should be revised or improved to reflect the growth and experience of the TRS industry. x  X|-} IV. CONCLUSION ĐTP  XN-x49. ` ` This NOI reflects our belief that TRS is a fastevolving segment of the telecommunications industry, and that new technologies should be used as they become available, to ensure that TRS provides the greatest degree of functional equivalence for the 30 million Americans with hearing and speech disabilities. TRS should accommodate, to the extent possible, the wide diversity of persons with hearing and speech disabilities, who have varying degrees of hearing and/or speech loss and use different modes of communication.  X -We encourage interested persons to comment on the issues raised in this NOI and to make any other recommendations related to the improvement of TRS."!xQ,-(-(ZZ "Ԍ X-ԙz V. PROCEDURAL MATTERS ĐTP  X-x50. Authority. We issue this NOI pursuant to authority contained in Sections 4(i), 4(j), 225, 255 and 710(g) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C.  154(i), 154(j), 225, 255, and 610(g).  Xx-x51. Comment Information. Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of our rules, 47 C.F.R.  1.415, 1.419, interested parties may file comments on or before March 17, 1997, and reply comments on or before April 21, 1997. To file formally in this proceeding, parties must file an original and six copies of all comments and reply comments with the reference number "CC Docket 90571" on each copy. If parties want each Commissioner to receive a personal copy of their comments, they must file an original plus eleven copies. Comments and reply comments should be sent to the Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. Interested parties should also send two copies of their comments and reply comments to Andy Firth, Federal Communications Commission, 2000 M Street, NW, Room 210, Washington, DC 20554, and one copy of each to the International Transcription Service, Inc. ("ITS"), 2100 M Street, NW, Suite 140, Washington, DC, 20037. Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center (Room 239) of the Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. Interested persons may also obtain copies from ITS.  X -x52. Ex Parte Rules. Section 1.1204(a)(4) of our rules, 47 C.F.R. 1.1204(a)(4), exempts this proceeding from ex parte requirements.  X-x53. Additional Information. For additional information on this proceeding, contact Andy Firth, (202) 4182224 (tty), (202) 4181898 (voice). Email: afirth@fcc.gov. FCC Internet Home Page: http://www.fcc.gov. FCC Disabilities Issues Page: http://www.fcc.gov/dtf/dtfhome.html.  XV-x54. Accessible Formats. For information on obtaining this document in accessible  XA-formats, contact Sheila Ray at the International Transcription Service at (202) 857-3800, (202) 293-8810 (tty).  X-.  X-x` `  FEDERAL COMMUNICATIONS COMMISSION  X -  X"-x` `  William F. Caton  X#-x` `  Acting Secretary#Xw5 P7 XP#