Goto Section: 64.610 | 64.613 | Table of Contents
FCC 64.611
Revised as of October 1, 2019
Goto Year:2018 |
2020
§ 64.611 Internet-based TRS registration.
(a) Default provider registration. Every provider of VRS or IP Relay
must, no later than December 31, 2008, provide users with the
capability to register with that VRS or IP Relay provider as a “default
provider.” Upon a user's registration, the VRS or IP Relay provider
shall:
(1) Either:
(i) Facilitate the user's valid number portability request as set forth
in 47 CFR 52.34; or, if the user does not wish to port a number,
(ii) Assign that user a geographically appropriate North American
Numbering Plan telephone number; and
(2) Route and deliver all of that user's inbound and outbound calls
unless the user chooses to place a call with, or receives a call from,
an alternate provider.
(3) Certification of eligibility of VRS users. (i) A VRS provider
seeking compensation from the TRS Fund for providing VRS to a
particular user registered with that provider must first obtain a
written certification from the user, attesting that the user is
eligible to use VRS.
(ii) The certification required by paragraph (a)(3)(i) of this section
must include the user's attestation that:
(A) The user has a hearing or speech disability; and
(B) The user understands that the cost of VRS calls is paid for by
contributions from other telecommunications users to the TRS Fund.
(iii) The certification required by paragraph (a)(3)(i) of this section
must be made on a form separate from any other agreement or form, and
must include a separate user signature specific to the certification.
For the purposes of this rule, an electronic signature, defined by the
Electronic Signatures in Global and National Commerce Act, as an
electronic sound, symbol, or process, attached to or logically
associated with a contract or other record and executed or adopted by a
person with the intent to sign the record, has the same legal effect as
a written signature. For the purposes of this rule, an electronic
record, defined by the Electronic Signatures in Global and National
Commerce Act as a contract or other record created, generated, sent,
communicated, received, or stored by electronic means, constitutes a
record.
(iv) Each VRS provider shall maintain the confidentiality of any
registration and certification information obtained by the provider,
and may not disclose such registration and certification information or
the content of such registration and certification information except
as required by law or regulation.
(v) VRS providers must, for existing registered Internet-based TRS
users, submit the certification required by paragraph (a)(3)(i) of this
section to the TRS User Registration Database within 60 days of notice
from the Managing Director that the TRS User Registration Database is
ready to accept such information.
(vi) When registering a user that is transferring service from another
VRS provider, VRS providers shall obtain and submit a properly executed
certification if a query of the TRS User Registration Database shows a
properly executed certification has not been filed.
(vii) VRS providers shall require their CAs to terminate any call which
does not involve an individual eligible to use VRS due to a hearing or
speech disability or, pursuant to the provider's policies, the call
does not appear to be a legitimate VRS call, and VRS providers may not
seek compensation for such calls from the TRS Fund.
(4) TRS User Registration Database Information Requirements for VRS.
Each VRS provider shall collect and transmit to the TRS User
Registration Database, in a format prescribed by the administrator of
the TRS User Registration Database, the following information for each
of its new and existing registered internet-based TRS users: Full name;
address; ten-digit telephone number assigned in the TRS numbering
directory; last four digits of the social security number or Tribal
Identification number, if the registered internet-based TRS user is a
member of a Tribal nation and does not have a social security number;
date of birth; Registered Location; VRS provider name and dates of
service initiation and termination; a digital copy of the user's
self-certification of eligibility for VRS and the date obtained by the
provider; the date on which the user's identification was verified; and
(for existing users only) the date on which the registered
internet-based TRS user last placed a point-to-point or relay call.
(5) Assignment of iTRS Numbers to Hearing Point-to-Point Video Users.
(i) Before assigning an iTRS telephone number to a hearing individual,
a VRS provider shall obtain from such individual, the individual's full
name, residential address, date of birth, and a written certification,
attesting that the individual:
(A) Is proficient in sign language;
(B) Understands that the iTRS number may be used only for the purpose
of point-to-point communication over distances with registered VRS
users; and
(C) Understands that such iTRS number may not be used to access VRS.
(ii) Before assigning an iTRS telephone number to a hearing individual,
a VRS provider also shall obtain the individual's consent to provide
the information required by this paragraph (a)(5) to the TRS User
Registration Database. Before obtaining such consent, the VRS provider,
using clear, easily understood language, shall describe the specific
information to be provided, explain that the information is provided to
ensure proper administration of the TRS program and inform the
individual that failure to provide consent will result in denial of
service. VRS providers shall obtain and keep a record of affirmative
acknowledgment of such consent by every hearing point-to-point video
user to whom an iTRS number is assigned.
(iii) The certification required by paragraph (a)(5)(i) of this section
must be made on a form separate from any other agreement or form, and
must include a separate signature specific to the certification. For
the purposes of this rule, an electronic signature, defined by the
Electronic Signatures in Global and National Commerce Act, as an
electronic sound, symbol, or process, attached to or logically
associated with a contract or other record and executed or adopted by a
person with the intent to sign the record, has the same legal effect as
a written signature. For the purposes of this rule, an electronic
record, defined by the Electronic Signatures in Global and National
Commerce Act as a contract or other record created, generated, sent,
communicated, received, or stored by electronic means, constitutes a
record.
(iv) Before commencing service to any hearing point-to-point video user
to whom a VRS provider assigns an iTRS number on or after the TRS User
Registration Database is operational, a VRS provider shall submit to
the TRS User Registration Database the information listed in paragraph
(a)(5)(i) of this section and the following additional information:
(A) The ten-digit telephone number assigned in the TRS Numbering
Directory to the hearing point-to-point user;
(B) The VRS provider's name and the date of service initiation; and
(C) The date on which a ten-digit number was assigned to or removed
from a hearing point-to-point user.
(v) For all other hearing point-to-point video users to whom a VRS
provider has assigned an iTRS number, the VRS provider shall transmit
the information required by paragraph (a)(5)(iv) of this section within
60 days after the TRS User Registration Database is operational.
(vi) Upon the termination of service to any hearing point-to-point
video user, a VRS provider shall submit to the TRS User Registration
Database the date of termination of service.
(vii) A VRS provider shall maintain the confidentiality of the
information about hearing individuals required by this paragraph (a)(5)
and may not disclose such information except as required by law or
regulation.
(viii) Before commencing service to a hearing point-to-point video user
who is transferring point-to-point video service from another VRS
provider, a VRS provider shall notify the TRS User Registration
Database of such transfer and shall obtain and submit a properly
executed certification under paragraph (a)(5)(i) of this section.
(ix) Hearing individuals who are assigned iTRS numbers under this
paragraph (a)(5) shall not be deemed registered VRS users. VRS
providers shall not be compensated and shall not seek compensation from
the TRS Fund for any VRS calls to or from such iTRS numbers.
(6) Enterprise and public videophones—(i) Definition. For purposes of
this section, a default VRS provider for an enterprise or public
videophone is the VRS provider that assigns a North American Numbering
Plan (NANP) telephone number to such videophone or receives a port of
such number.
(ii) Enterprise and public videophone certification. (A) Written
certification. A default VRS provider for an enterprise or public
videophone shall obtain a written certification from the individual
responsible for the videophone, attesting that the individual
understands the functions of the videophone and that the cost of VRS
calls made on the videophone is financed by the federally regulated
Interstate TRS Fund, and for enterprise videophones, that the
organization, business, or agency will make reasonable efforts to
ensure that only persons with a hearing or speech disability are
permitted to use the phone for VRS.
(B) Electronic signatures. The certification required by paragraph
(a)(6)(ii)(A) of this section must be made on a form separate from any
other agreement or form, and must include a separate signature specific
to the certification. For the purposes of this paragraph (a)(6)(ii)(B),
an electronic signature, defined by the Electronic Signatures in Global
and National Commerce Act as an electronic sound, symbol, or process,
attached to or logically associated with a contract or other record and
executed or adopted by a person with the intent to sign the record, has
the same legal effect as a written signature. For the purposes of this
paragraph (a)(6)(ii)(B), an electronic record, defined by the
Electronic Signatures in Global and National Commerce Act as a contract
or other record created, generated, sent, communicated, received, or
stored by electronic means, constitutes a record.
(C) Consent for transmission and confidentiality of enterprise and
public videophone registration. A default VRS provider for an
enterprise or public videophone must obtain consent from the individual
responsible for the videophone to transmit the information required by
this section to the TRS User Registration Database. Before obtaining
such consent, a VRS provider must describe to such individual, using
clear, easily understood language, the specific information being
transmitted, that the information is being transmitted to the TRS User
Registration Database to ensure proper administration of the TRS
program, and that failure to provide consent will result in denial of
service to the videophone. A VRS provider must obtain and keep a record
of affirmative acknowledgment of such consent for every enterprise and
public videophone. A VRS provider shall maintain the confidentiality of
any registration and certification information obtained by the
provider, and may not disclose such registration and certification
information, or the content of such registration and certification
information, except as required by law or regulation.
(iii) Enterprise and public videophone registration. A default VRS
provider for an enterprise or public videophone shall transmit to the
TRS User Registration Database, in a format prescribed by the
administrator of the TRS User Registration Database, the following
information for each enterprise or public videophone for which it
assigns (or receives a port of) a North American Numbering Plan
telephone number or for which it is the default VRS provider:
(A) The default VRS provider's name;
(B) The NANP telephone number assigned to the videophone;
(C) The name and physical address of the organization, business, or
agency where the enterprise or public videophone is located, and the
Registered Location of the phone if that is different from the physical
address;
(D) Whether the videophone is a public or enterprise videophone, and
for enterprise videophones, the type of location where the videophone
is located within the organization, business, agency, or other entity,
such as, but not limited to, a reception desk or other work area, a
private workspace, a private room in a long-term care facility, or
another restricted area;
(E) The date of initiation of service to the videophone by the default
VRS provider;
(F) The name of the individual responsible for the videophone,
confirmation that the provider has obtained the certification required
by paragraph (a)(6)(ii) of this section, and the date the certification
was obtained by the provider; and
(G) Whether the device is assigned to a hearing individual who knows
sign language.
(iv) Transmission of data to the TRS User Registration Database.
Default VRS providers shall transmit the information required by
paragraph (a)(6)(iii) of this section for existing enterprise and
public videophones within 120 days after notice from the Commission
that the TRS User Registration Database is ready to accept such
information. For videophones placed in service more than 120 days after
such notice, the default VRS provider shall submit the required
information and certification before initiating service. VRS calls
placed to or from enterprise or public videophones more than 120 days
after such notice shall not be compensable if the required registration
information was not received by the TRS User Registration Database
before placement of the call.
(v) Notice of removal or disconnection of enterprise and public
videophones. VRS providers shall notify the TRS Fund administrator
within one business day in the event that a registered enterprise or
public videophone is removed or permanently disconnected from VRS.
(b) Mandatory registration of new users. As of December 31, 2008, VRS
and IP Relay providers must, prior to the initiation of service for an
individual that has not previously utilized VRS or IP Relay, register
that new user as described in paragraph (a) of this section.
(c) Obligations of default providers and former default providers. (1)
Default providers must:
(i) Obtain current routing information from their Registered
internet-based TRS Users, registered enterprise and public videophones,
and hearing point-to-point video users;
(ii) Provision such information to the TRS Numbering Directory; and
(iii) Maintain such information in their internal databases and in the
TRS Numbering Directory.
(2) Internet-based TRS providers (and, to the extent necessary, their
Numbering Partners) must:
(i) Take such steps as are necessary to cease acquiring routing
information from any VRS, IP Relay, or hearing point-to-point video
user, or any individual responsible for maintaining an enterprise or
public videophone, that ports a NANP telephone number to another VRS or
IP Relay provider or otherwise selects a new default provider; and
(ii) Communicate among themselves as necessary to ensure that:
(A) Only the default provider provisions routing information to the
central database; and
(B) VRS and IP Relay providers other than the default provider are
aware that they must query the TRS Numbering Directory in order to
obtain accurate routing information for a particular user of VRS or IP
Relay, or for an enterprise or public videophone.
(d) Proxy numbers. After December 31, 2008, a VRS or IP Relay provider:
(1) May not assign or issue a proxy or alias for a NANP telephone
number to any user; and
(2) Must cease to use any proxy or alias for a NANP telephone number
assigned or issued to any Registered Internet-based TRS User.
(e) Toll free numbers. A VRS or IP Relay provider:
(1) May not assign or issue a toll free number to any VRS or IP Relay
user.
(2) That has already assigned or provided a toll free number to a VRS
or IP Relay user must, at the VRS or IP Relay user's request,
facilitate the transfer of the toll free number to a toll free
subscription with a toll free service provider that is under the direct
control of the user.
(3) Must within one year after the effective date of this Order remove
from the Internet-based TRS Numbering Directory any toll free number
that has not been transferred to a subscription with a toll free
service provider and for which the user is the subscriber of record.
(f) iTRS access technology. (1) Every VRS or IP Relay provider must
ensure that all iTRS access technology they have issued, leased, or
otherwise provided to VRS or IP Relay users delivers routing
information or other information only to the user's default provider,
except as is necessary to complete or receive “dial around” calls on a
case-by-case basis.
(2) All iTRS access technology issued, leased, or otherwise provided to
VRS or IP Relay users by Internet-based TRS providers must be capable
of facilitating the requirements of this section.
(g) User notification. Every VRS or IP Relay provider must include an
advisory on its website and in any promotional materials addressing
numbering or E911 services for VRS or IP Relay.
(1) At a minimum, the advisory must address the following issues:
(i) The process by which VRS or IP Relay users may obtain ten-digit
telephone numbers, including a brief summary of the numbering
assignment and administration processes adopted herein;
(ii) The portability of ten-digit telephone numbers assigned to VRS or
IP Relay users;
(iii) The process by which persons using VRS or IP Relay may submit,
update, and confirm receipt by the provider of their Registered
Location information;
(iv) An explanation emphasizing the importance of maintaining accurate,
up-to-date Registered Location information with the user's default
provider in the event that the individual places an emergency call via
an Internet-based relay service;
(v) The process by which a VRS or IP Relay user may acquire a toll free
number, or transfer control of a toll free number from a VRS or IP
Relay provider to the user;
(vi) The process by which persons holding a toll free number request
that the toll free number be linked to their ten-digit telephone number
in the TRS Numbering Directory; and
(vii) If the provider assigns iTRS numbers to hearing point-to-point
video users, an explanation that hearing point-to-point video users
will not be able to place an emergency call.
(2) VRS and IP Relay providers must obtain and keep a record of
affirmative acknowledgment by every Registered Internet-based TRS User
of having received and understood the advisory described in this
subsection.
(h)-(i) [Reserved]
(j)(1) IP CTS Registration and Certification Requirements.
(i) IP CTS providers must first obtain the following registration
information from each consumer prior to requesting compensation from
the TRS Fund for service provided to the consumer: The consumer's full
name, date of birth, last four digits of the consumer's social security
number, full residential address, and telephone number.
(ii) [Reserved]
(iii) [Reserved]
(iv) Self-certification prior to August 28, 2014. IP CTS providers, in
order to be eligible to receive compensation from the TRS Fund for
providing IP CTS, also must first obtain a written certification from
the consumer, and if obtained prior to August 28, 2014, such written
certification shall attest that the consumer needs IP CTS to
communicate in a manner that is functionally equivalent to the ability
of a hearing individual to communicate using voice communication
services. The certification must include the consumer's certification
that:
(A) The consumer has a hearing loss that necessitates IP CTS to
communicate in a manner that is functionally equivalent to
communication by conventional voice telephone users;
(B) The consumer understands that the captioning service is provided by
a live communications assistant; and
(C) The consumer understands that the cost of IP CTS is funded by the
TRS Fund.
(v) Self-certification on or after August 28, 2014. IP CTS providers
must also first obtain from each consumer prior to requesting
compensation from the TRS Fund for the consumer, a written
certification from the consumer, and if obtained on or after August 28,
2014, such certification shall state that:
(A) The consumer has a hearing loss that necessitates use of captioned
telephone service;
(B) The consumer understands that the captioning on captioned telephone
service is provided by a live communications assistant who listens to
the other party on the line and provides the text on the captioned
phone;
(C) The consumer understands that the cost of captioning each internet
protocol captioned telephone call is funded through a federal program;
and
(D) The consumer will not permit, to the best of the consumer's
ability, persons who have not registered to use internet protocol
captioned telephone service to make captioned telephone calls on the
consumer's registered IP captioned telephone service or device.
(vi) The certification required by paragraphs (j)(1)(iv) and (v) of
this section must be made on a form separate from any other agreement
or form, and must include a separate consumer signature specific to the
certification. Beginning on August 28, 2014, such certification shall
be made under penalty of perjury. For purposes of this rule, an
electronic signature, defined by the Electronic Signatures in Global
and National Commerce Act, 15 U.S.C. 7001 et seq., as an electronic
sound, symbol, or process, attached to or logically associated with a
contract or other record and executed or adopted by a person with the
intent to sign the record, has the same legal effect as a written
signature.
(vii) Third-party certification prior to August 28, 2014. Where IP CTS
equipment is or has been obtained by a consumer from an IP CTS
provider, directly or indirectly, at no charge or for less than $75 and
the consumer was registered in accordance with the requirements of
paragraph (j)(1) of this section prior to August 28, 2014, the IP CTS
provider must also obtain from each consumer prior to requesting
compensation from the TRS Fund for the consumer, written certification
provided and signed by an independent third-party professional, except
as provided in paragraph (j)(1)(xi) of this section.
(viii) To comply with paragraph (j)(1)(vii) of this section, the
independent professional providing certification must:
(A) Be qualified to evaluate an individual's hearing loss in accordance
with applicable professional standards, and may include, but are not
limited to, community-based social service providers, hearing related
professionals, vocational rehabilitation counselors, occupational
therapists, social workers, educators, audiologists, speech
pathologists, hearing instrument specialists, and doctors, nurses and
other medical or health professionals;
(B) Provide his or her name, title, and contact information, including
address, telephone number, and email address; and
(C) Certify in writing that the IP CTS user is an individual with
hearing loss who needs IP CTS to communicate in a manner that is
functionally equivalent to telephone service experienced by individuals
without hearing disabilities.
(ix) Third-party certification on or after August 28, 2014. Where IP
CTS equipment is or has been obtained by a consumer from an IP CTS
provider, directly or indirectly, at no charge or for less than $75,
the consumer (in cases where the equipment was obtained directly from
the IP CTS provider) has not subsequently paid $75 to the IP CTS
provider for the equipment prior to the date the consumer is registered
to use IP CTS, and the consumer is registered in accordance with the
requirements of paragraph (j)(1) of this section on or after August 28,
2014, the IP CTS provider must also, prior to requesting compensation
from the TRS Fund for service to the consumer, obtain from each
consumer written certification provided and signed by an independent
third-party professional, except as provided in paragraph (j)(1)(xi) of
this section.
(x) To comply with paragraph (j)(1)(ix) of this section, the
independent third-party professional providing certification must:
(A) Be qualified to evaluate an individual's hearing loss in accordance
with applicable professional standards, and must be either a physician,
audiologist, or other hearing related professional. Such professional
shall not have been referred to the IP CTS user, either directly or
indirectly, by any provider of TRS or any officer, director, partner,
employee, agent, subcontractor, or sponsoring organization or entity
(collectively “affiliate”) of any TRS provider. Nor shall the third
party professional making such certification have any business, family
or social relationship with the TRS provider or any affiliate of the
TRS provider from which the consumer is receiving or will receive
service.
(B) Provide his or her name, title, and contact information, including
address, telephone number, and email address.
(C) Certify in writing, under penalty of perjury, that the IP CTS user
is an individual with hearing loss that necessitates use of captioned
telephone service and that the third party professional understands
that the captioning on captioned telephone service is provided by a
live communications assistant and is funded through a federal program.
(xi) In instances where the consumer has obtained IP CTS equipment from
a local, state, or federal governmental program, the consumer may
present documentation to the IP CTS provider demonstrating that the
equipment was obtained through one of these programs, in lieu of
providing an independent, third-party certification under paragraphs
(j)(1)(vii) and (ix) of this section.
(xii) Each IP CTS provider shall maintain records of any registration
and certification information for a period of at least five years after
the consumer ceases to obtain service from the provider and shall
maintain the confidentiality of such registration and certification
information, and may not disclose such registration and certification
information or the content of such registration and certification
information except as required by law or regulation.
(xiii) [Reserved]
(2) TRS User Registration Database Information for IP CTS. (i) Each IP
CTS Provider shall collect and transmit to the TRS User Registration
Database, in a format prescribed by the administrator of the TRS User
Registration Database, the following information for each of its new
and existing registered IP CTS users:
(A) Full name;
(B) Full residential address;
(C) Telephone number;
(D) A unique identifier such as the electronic serial number (ESN) of
the user's IP CTS device, the user's log-in identification, or the
user's email address;
(E) The last four digits of the user's social security number or Tribal
Identification number (or alternative documentation, if such
documentation is permitted by and has been collected pursuant to Misuse
of internet Protocol (IP) Captioned Telephone Service;
Telecommunications Relay Services and Speech-to-Speech Services for
Individuals with Hearing and Speech Disabilities, Order, 30 FCC Rcd
1093 (CGB 2015));
(F) Date of birth;
(G) Registered Location (if applicable);
(H) IP CTS provider name;
(I) Date of service initiation and (when applicable) termination;
(J) A digital copy of the user's self-certification of eligibility for
IP CTS and the date obtained by the provider; and
(K) For existing users onlythe date on which the IP CTS user last
placed an IP CTS call.
(ii) Each IP CTS provider shall obtain, from each new and existing
registered IP CTS user, consent to transmit the registered IP CTS
user's information to the TRS User Registration Database. Prior to
obtaining such consent, the IP CTS provider shall describe to the
registered IP CTS user, using clear, easily understood language, the
specific information obtained by the IP CTS provider from the user that
is to be transmitted, and inform the user that the information is being
transmitted to the TRS User Registration Database to ensure proper
administration of the TRS program, and that failure to provide consent
will result in the registered IP CTS user being denied service. IP CTS
providers shall keep a record of affirmative acknowledgment of such
consent by every registered IP CTS user.
(iii) Registration of Emergency Shelter Devices. An IP CTS provider may
seek and receive TRS Fund compensation for the provision of captioning
service to users of a temporary, public IP CTS device set up in an
emergency shelter, provided that, before commencing service to such a
device, the IP CTS provider collects, maintains in its registration
records, and submits to the TRS User Registration Database all
information reasonably requested by the administrator, including the
telephone number and location of the device. IP CTS providers shall
remove the device's registration information from the Database when
service for such a device is terminated.
(iv) By the date of initiation of service to an IP CTS user or device,
or one year after notice from the Commission that the TRS User
Registration Database is ready to accept such information, whichever is
later, IP CTS providers shall submit to the TRS User Registration
Database the registration information required by paragraph (j)(2)(i)
or (iii) of this section. Calls from or to registered IP CTS users or
devices whose registration information has not been populated in the
TRS User Registration Database by the applicable date shall not be
compensable, and an IP CTS provider shall not seek TRS Fund
compensation for such calls.
(v) When registering a user who is transferring service from another IP
CTS provider, IP CTS providers shall obtain and submit a digital copy
of a user's self-certification of eligibility if a query of the TRS
User Registration Database shows a properly executed certification has
not been filed.
(3) An IP CTS provider shall not seek TRS Fund compensation for
providing captioning service to any individual or device if the
registration information for such individual or device has been removed
from the TRS User Registration Database, or if the provider obtains
information that the individual or device is not eligible to receive IP
CTS.
(k) Compliance date. Paragraph (j)(2) of this section contains new or
modified information-collection and recordkeeping requirements adopted
in FCC 19-11. Compliance with these information-collection and
recordkeeping requirements will not be required until after approval by
the Office of Management and Budget. The Commission will publish a
document in the Federal Register announcing that compliance date and
revising this paragraph accordingly.
[ 73 FR 41295 , July 18, 2008, as amended at 76 FR 59557 , Sept. 27, 2011;
78 FR 40608 , July 5, 2013; 82 FR 17763 , Apr. 13, 2017; 82 FR 39683 ,
Aug. 22, 2017; 84 FR 8461 , Mar. 8, 2019; 84 FR 26371 , June 6, 2019]
Effective Date Note: At 84 FR 26371 , June 6, 2019, § 64.611 was amended
by adding paragraph (a)(6) and revising paragraphs (c)(1)(i),
(c)(2)(i), and (c)(2)(ii)(B). These paragraphs contain information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
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Goto Section: 64.610 | 64.613
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2020
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