Category Archives: FCC

Editorial #83-The Next Few Weeks are Important at the FCC for VRS

The next few weeks at the FCC, there will be several decisions that will have an impact on the future of VRS.

These include:

1) certification of providers who have asked for waivers…some providers may not qualify for waivers and as a result may not provide VRS services

2) 866 numbers may or may not be allowed to be used for free…it is possible that the FCC may require people to pay for the cost of maintaining their toll free numbers

3) while the FCC has extended current rates for the “time being”, it is possible that the FCC may revise rates for the 2011-2012 year sometime in the next few months

There may be other rulings that will not include the above. Dr. Z will keep you posted on this.

Dr. Z cares about your communication access.

Disclaimer: Dr. Z is currently the Vice-President of Marketing at CSDVRS, LLC.

Editorial #82-Providers and White-Label Providers File Flurry of Waivers Before the FCC Regarding Certification

There are over 10 filings by various providers to the FCC regarding certification.

Since the FCC is tightening (making more strict) certification procedures for currently uncertified providers, both the uncertified providers and the certified providers who are providing “white-label” services for uncertified providers have filed letters expressing justification for waiving them temporarily in order for them to do VRS service.

The list of waivers being filed can be found at this link.

The FCC has until June 1st to act on those waivers. In the event those waivers are not acted upon or are denied, those uncertified providers will not be able to provide VRS services after June 1st.

The following providers are certified by the FCC as of this date (May 23, 2011): AT&T, CAC,
Hands On, Sorenson, Sprint, Healinc, GoAmerica, SNAP, and CSDVRS.

Anyone not on the above list are considered white-label and need to be waived by the FCC to continue to perform VRS services after June 1st.

Dr. Z  (and the FCC) cares about your communication access.

Disclosure: Dr. Z is a employee with CSDVRS, currently its Vice-President of Marketing.

Editorial #81-Providers and Consumer Organizations File Comments to FCC Re Keeping Rates Same for 2011-2012

The FCC has asked for comments on their proposal to keep the VRS rates the same until further notice for the 2011-2012 funding cycle. This does not mean the FCC will keep the rates for the entire year and they could change the rates in mid-year. Below are comments filed by VRS providers and consumer organizations in response to the FCC proposal on rates.

Snap:
http://fjallfoss.fcc.gov/ecfs/document/view?id=7021648855

Purple:
http://fjallfoss.fcc.gov/ecfs/document/view?id=7021648688

Sorenson:
http://fjallfoss.fcc.gov/ecfs/document/view?id=7021648789

CSDVRS:
http://fjallfoss.fcc.gov/ecfs/document/view?id=7021648785

Consumer Organizations:
http://fjallfoss.fcc.gov/ecfs/document/view?id=7021648685

Dr. Z  (and the FCC) cares about your communication access.

Disclosure: Dr. Z is a employee with CSDVRS, currently its Vice-President of Marketing.

FCC Issues Order to Combat Waste, Fraud and Abuse in VRS

On April 6th, the FCC issued an order to deal with waste and fraud they had uncovered in a series of investigations and arrests more than a year ago. In addition they issued a proposed rulemaking process to deal with certification of VRS providers.  This is only the beginning of what is expected to be a series of orders and proposed rules. Dr. Z commends the FCC for taking such steps to insure viability of the VRS program for years to come.  We need to be sure that VRS is here to stay–we all have become attached to the wonders of the service, along with new devkices and developments that have occurred of late and to come in the near future.

The order requires the following (partial quotes from FCC documents):

· Require that VRS providers submit a statement describing the location and staffing of their call centers twice a year, and a notification at least 30 days prior to any change in the location of such centers;

· Prohibit VRS CAs from relaying calls from their homes and prohibit VRS providers from tying minutes or calls processed by a CA to compensation provided;

· Prohibit compensation for VRS calls that originate from IP addresses that indicate the individual initiating the call is located outside of the United States, with the exception of callers who preregister with their default provider for a specified time and location of travel;

· Prohibit compensation for VRS calls for remote training when the service provider is involved in any way with such training (e.g., sponsors, promotes or hosts such training); · Prohibit VRS CAs from using visual privacy screen

· Require automated recordkeeping of TRS minutes submitted to the Fund;

· Require that VRS be offered to the public only in the name of the provider eligible for compensation from the Fund and, when sub-brands are used, that these identify such eligible provider;

· Prohibit revenue sharing agreements for CA or call center functions between entities eligible for compensation from the Fund and non-eligible entities;

· Prohibit compensation on a per-minute basis for marketing and outreach costs performed through a subcontractor where such services utilize VRS;

· Adopt whistleblower protection rules for current and former employees and contractors of TRS providers;

In addition, the FCC issued a Notice of Proposed Rulemaking to deal with the certification process.

To read the order and the proposed rules, click this link.

Dr. Z (and the FCC) cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #78-Is the Sorenson ntouch Interoperable?

Dr. Z cares so much about communication access—that everyone can call others with nothing blocking their way…can you imagine a Verizon cell phone not being able to call an ATT cell phone–this does not happen out there today–all the cell phones out there can call one another.

Sorenson’s ntouch which was recently announced can only call Sorenson VP-200, ntouch Mobile and ntouch PC–but it cannot call other videophones. Also, other non-Sorenson videophones cannot call Sorenson’s ntouch. Also, ntouch users cannot call other VRS providers, only Sorenson VRS–just like Sorenson’s VP-100 when it first came out. What is this all about? Limiting a deaf and hard of hearing person’s access in 2011, on the 20th anniversary of ADA? At the same time, in the ntouch FAQ section (as of today), the following text appears–

This needs to be corrected–the deaf and hard of hearing consumers today need to be fully informed and Dr. Z is on the side of consumers who want full and unimpeded access when they make videophone calls. The FCC cares about interoperability and Dr. Z urges the FCC to look into this matter.

This is separate from the fact that Dr. Z is associated with ZVRS and that all of ZVRS products do not block or impede any calls–Dr. Z is speaking from his heart as a deaf and hard of hearing consumer.

Dr. Z cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #77-FCC Waives 800 Number Treatment for Up to 6 Months

Earlier this month, the FCC waived the treatment of 800 numbers for another 6 months while it reviews the numbering rulemaking process. The new rules would be issued in the near future. The new rules could restrict the use of 800/866 numbers or extend its restriction for another period of time. That remains to be seen.

Some providers continue to use 866 numbers which could be removed from the iTRS data base if the FCC decides to do so. If that happens, those VP’s with 866 numbers would not be able to receive calls from certain phones. The FCC is encouraging those with 866 numbers to switch over to their assigned local (non-866) numbers. The only advantage of having 866 numbers is for hearing people to call deaf and hard of hearing people toll free. That advantage is not worth much today because many cell phones have no distance calling charges as they come with free minutes.

Dr. Z is encouraging those with 866 numbers to switch over to local numbers which they already have and give the local numbers to their hearing providers (doctors, dentists, etc.) as well as hearing family members.

The text of the FCC waiver can be found at this link.

Dr. Z cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #68-Update on the FCC

Dr. Z had been traveling across the country for the most part in November and December–at the same time he has kept an eye on developments over at the FCC.

There have been 2 key personnel developments at the FCC–the first is the appointment of Greg Hlibok as Chief of the Disability Rights Office–he is the first person with a disability to head this very important office. Dr. Z wishes Greg well in his new position, The second is the hiring of Rosaline Crawford (formerly of the NAD) as attorney advisor in the Disability Rights Office. Again, Dr. Z wishes Rosaline well in her new position. With both appointments, the deaf and hard of hearing community will have people at the FCC who genuinely understands their needs.

There are two important VRS proceedings underway at the FCC, one making more headway than the other. The first is the 800/866 number issue that the FCC is reviewing. The rulemaking process is almost complete and the comment period has closed. The FCC should issue new rules on how 800/866 numbers will be handled for VRS consumers. The second is the Notice of Inquiry for the VRS industry as a whole. The FCC is expected to issue a Notice of Proposed Rulemaking sometime soon after hearing all the comments and feedback from the VRS industry and consumers.

Interestingly, here is how the VRS industry and the deaf and hard of hearing community interacted with the FCC during the month of December(in alphabetical order as of today’s listing on the FCC website):

CSDVRS:  
Exparte (1 filing)
Comments (1 filing)

Purple:
Exparte (1)

Snap:
Exparte (1)

Sorenson:
Exparte (4)
Comments (1)
Reply to Comments (1)

TDI (on behalf of consumer organizations):
Exparte (2)
Comments (2)
Reply to Comments (1)

To read the above filings, you can click on both links: (03-123) (10-51)

The filings do reveal some information as to where the VRS companies and organizations representing consumers stand. You can see the other items that were filed in October and November with the links above by the above companies and other companies in the VRS industry..

Dr. Z cares about your communication access.
Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #65-FCC Proposes New Rules for 800 Numbers–Proposes Use of Local Numbers as Primary Numbers-Not 800/866/877 for VRS

The FCC has issued a Notice of Proposed Rulemaking on September 17, 2010. It should be published in the Federal Register anytime now to set the clock for comments and reply comments (within 30 and 45 days.)

In the discussion leading to the proposed rules, the FCC states that  “our goal is to encourage iTRS  users (current deaf and hard of hearing users who have a local number on the national data base) to use the local number as their primary—and in most cases exclusive—telephone number.”  This could be interpreted to mean that the FCC wants to discourage VRS users from using 800/866/877 numbers as their primary number and to require everyone to use local numbers as their primary number.  The 800/866/877 numbers will continue to be available using a different method.

The proposed rules are as follows:

  • The provision of 800/866/877  numbers shall not be automatic.  This means local numbers will be given with each videophone, not 800/866/877 numbers.
  • The issuance of 800/866/877 numbers shall be provided by a toll free provider and be billed to the deaf/hard of hearing user.  The VRS provider shall transfer the number to the toll free provider at the request of the deaf/hard of hearing user.  This works the same way for hearing people today.
  • The FCC is not responsible for the cost of a 800/866/877 number and will not pay for any administration costs to any VRS provider.
  • The toll-free number if used, shall be tied (or mapped) to the deaf/hard of hearing user’s local number.

There are other items that the FCC wants comment on such as having a transition period to enable deaf/hard of hearing users who do not want to pay for a 800/866/877 number to inform their inbound callers of the change to a local number; doing an outreach program to educate consumers about the change in rules and other things.

Bear in mind these are “proposed’ rules.  After comments, and reply comments, some of the proposed rules might change.  It is now up to us all to comment to the FCC on these proposed rules.  Dr. Z is of the opinion that those rules are fair, and functionally equivalent–being like what the hearing people have today.  The transition period and the outreach is going to be important to be sure deaf and hard of hearing people do not lose their inbound calling capability if they do not switch to their local numbers.

The document can be found at the FCC website with this link.

Dr. Z (and the FCC) cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #63-FCC Settles Investigations of Purple Communications, Inc.; Settlement Requires Payments in Excess of $22 Million

The FCC, in the form of a consent decree, settled with Purple on FCC’s investigations of past practices of Purple.

Under the terms of the settlement, Purple must:

  • repay $18.5 million to the TRS Fund over a period of five years, plus an additional $3.1 million in interest and penalties;
  • make a $550,000 payment to the U.S. Treasury; and
  • adopt a detailed compliance plan designed to ensure that the company strictly adheres to the Commission’s TRS rules.

The $22 million will be paid over a period of 5 years and includes penalties and interest.

In addition, the compliance plan requires Purple to do the following:

  • appoint a compliance director
  • establish an FCC Regulatory Committee of its Board of Directors to ensure high-level management oversight of its compliance efforts
  • provide comprehensive training to all employees regarding FCC regulations
  • conduct detailed compliance reviews of all programs involving the generation of new TRS business
  • certify to the accuracy of its requests for reimbursement from the TRS Fund,
  • review those submissions for anomalous calling patterns that could indicate misuse of TRS, and immediately take steps to correct any incorrect reimbursement requests.

The documents can be found at the FCC website with the following links:  (press release)  (consent decree).

Dr. Z (and the FCC) cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #61-FCC Website on VRS Matters Has Been Busy

While everyone was busy or vacationing over the Labor Day weekend–the FCC website had a lot of additions to it on the VRS NOI (Notice of Inquiry) (link). While the comment period expired on August 15th, there was still opportunity for others to reply to the comments and Dr. Z will list the links for you all to read. The reply to comments deadline was on September 2nd. The most contentious subjects involved reverse auctions and tiered rates.

Reply to Comments links:
Convo
CSDVRS, LLC
Purple
Say-Hey, Inc.
Snap
Sorenson
Verizon

In addition, there were some comments made by providers to the FCC Declaratory Ruling and other matters issued on May 27, 2010 (link). The links for such comments are listed below. The most contentious subject was regarding use of Canadian interpreters to facilitate VRS calls among Americans.

Comments to Declaratory Ruling, Order and NPRM for May 27, 2010 links:
ATT
Government of Canada
Interpretel, LLC and PAH! VRS
Purple
Registry of Interpreters for the Deaf
Sorenson
TDI, NAD and Other Consumer Organizations
Verizon

It is expected that in the near future, the FCC will issue a Notice of Proposed Rulemaking (NPRM) to propose rules that were reviewed during the Notice of Inquiry. After the comments to the proposed rules are reviewed, the FCC will then issue new rules that potentially could change how VRS is done here in America.

Dr. Z (and the FCC) cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.