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Code · REGISTER · 2006-06-28 · FEDERAL COMMUNICATIONS COMMISSION · Notices

Notices. Notice

3,774 words·~17 min read·/register/2006/06/28/06-5840

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BILLING CODE 6690-01-P FEDERAL COMMUNICATIONS COMMISSION Public Information Collection(s) Requirement Submitted to OMB for Emergency Review and Approval June 19, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13.
An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before July 28, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible. ADDRESSES: Direct all PRA comments to Kristy L. LaLonde, Office of Management and Budget, Room 10234 NEOB, Washington, DC 20503,
(202)395-3087, or via fax at 202-395-5167 or via Internet at *Kristy_L._LaLonde@omb.eop.gov* and to Judith B. Herman, Federal Communications Commission, Room 1-C804, 445 12th Street, SW., Washington, DC 20554 or an e-mail to *PRA@fcc.gov.* If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra.* FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at *Judith-B.Herman@fcc.gov.* SUPPLEMENTARY INFORMATION: *The Commission is requesting emergency OMB processing of these information collections and has requested OMB approval by July 3, 2006.* *OMB Control Number:* 3060-XXXX. *Title:* Interim Procedures for Filing Applications Seeking Approval for Designated Entity Reportable Eligibility Events and Annual Reports. *Form Nos.:* FCC Forms 609-T and 611-T. *Type of Review:* New collection. *Respondents:* Business or other for-profit, not-for-profit institutions, state, local and tribal government. *Number of Respondents:* 1,000 respondents; 2,500 responses. *Estimated Time Per Response:* .50-6 hours. *Frequency of Response:* On occasion and annual reporting requirements. *Total Annual Burden:* 6,625 hours. *Total Annual Cost:* $1,358,750. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* The Commission is seeking emergency processing of these information collections by July 3, 2006. On April 25, 2006, the Commission adopted and released a Second Report and Order and Second Further Notice of Proposed Rulemaking in FCC 06-52, WT Docket No. 05-211 which modified the Commission's rules regarding the collection of information regarding eligibility for designated entity benefits pursuant to 47 CFR sections 1.2110(n) and 1.2114. The Second Report and Order specifically required licensees that have designated entity benefits to:
(1)submit annual report to the Commission on new FCC Form 611-T; and
(2)report certain agreements and arrangements entered into by the designated entity licensee, called “reportable eligibility events” that may affect a licensee's eligibility for designated entity benefits and are reported on new FCC Form 609-T. On June 2, 2006, the Commission, on its own motion, released an Order on Reconsideration of the Second Report and Order in FCC 06-78, WT Docket No. 05-211 which reconsidered and re-clarified its newly-adopted rules, including those resulting in the information collections that are subject of this emergency request. A copy of the entire OMB submission may be found under the ADDRESSES section of this **Federal Register.** Please look for the title of this collection in our PRA website because it has not been assigned an OMB Control Number yet. *OMB Control Number:* 3060-0799. *Title:* FCC Ownership Disclosure Information for the Wireless Telecommunications Services. *Form No.:* FCC Forms 602. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit, not-for-profit institutions, state, local and tribal government. *Number of Respondents:* 500 respondents; 5,065 responses. *Estimated Time Per Response:* .50-3 hours. *Frequency of Response:* On occasion reporting requirement and third party disclosure requirement. *Total Annual Burden:* 5,065 hours. *Total Annual Cost:* $478,200. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* The Commission is seeking emergency processing of these information collections by July 3, 2006. On April 25, 2006, the Commission adopted and released a Second Report and Order and Second Further Notice of Proposed Rulemaking in FCC 06-52, WT Docket No. 05-211. This rulemaking will become effective thirty days after publication in the **Federal Register.** The Commission is now revising FCC Form 602 instructions to require that designated entities have updated and complete FCC Form 602's on file with the Commission whenever a designated entity files an application for approval of a reportable eligibility event. All designated entities are required to have an FCC Form 602 on file, so a designated entity applying for approval of a reportable eligibility event will have to check its Form 602 to ensure that it is complete and, if it is not complete, file an updated version. This emergency request is to implement interim procedures to allow the Commission to collect information regarding the ownership of a designated entity when an application is filed seeking approval of a reportable eligibility event will not change the questions on the Form or the substance of the information collected in any way. We note that, if the information on the designated entity's FCC Form 602 is complete and accurate when an application seeking approval for a reportable eligibility event is filed, the designated entity will not have to file a new or updated FCC Form 602. A copy of the entire OMB submission may be found under the ADDRESSES section of this **Federal Register.** Please look for the OMB control number (3060-0799) in our PRA Web site. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-10185 Filed 6-27-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [CG Docket No. 03-123; DA 06-1244] Notice of Certification of GoAmerica, Inc. as a Provider of Internet Protocol Relay (IP Relay) and Video Relay Service
(VRS)Eligible for Compensation From the Interstate Telecommunications Relay Service
(TRS)Fund AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: In this document, the Commission grants GoAmerica, Inc. (GoAmerica) certification as a provider of IP Relay and VRS services eligible for compensation from the Interstate TRS Fund. The Commission concludes that GoAmerica has demonstrated that its provision of IP Relay and 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 GoAmerica'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 06-1244, released June 9, 2006, addressing an application for certification filed by GoAmerica, Inc. on March 16, 2006. *See Notice of Certification of GoAmerica as a Provider of Internet Protocol (IP Relay) and 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 06-1244 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 06-1244 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 06-1244 can also be downloaded in Word or Portable Document Format
(PDF)at: *http://www.fcc.gov/cgb/dro.* Synopsis On March 16, 2006, GoAmerica, Inc. (GoAmerica) filed an application for certification, (GoAmerica, Inc., *IP Relay and VRS Certification Application of GoAmerica, Inc.,* CG Docket No. 03-123 (March 16, 2006) ( *GoAmerica Application* )) as a provider of IP Relay and VRS services 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 IP Relay and VRS Provider Order* ); 47 CFR 64.605(a)(2) of the Commission's rules. Prior to the *2005 IP Relay and 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 21, 2006, GoAmerica submitted a supplement, (GoAmerica, Inc., *IP Relay and VRS Certification Supplement to Application of GoAmerica, Inc.,* CG Docket No. 03-123 (April 21, 2006) ( *GoAmerica Supplement* )) to its original application for certification. GoAmerica'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 IP Relay and VRS services and receive payment from the Fund to seek certification as a provider eligible for compensation from the Fund. *2005 IP Relay and 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 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 provider of IP Relay and VRS services is eligible for compensation from the Fund if the Commission determines that the certification documentation:
(i)Establishes that the provision of IP Relay and VRS * * * will meet or exceed all non-waived operational, technical, and functional minimum standards contained in § 64.604 of the Commission's rules;
(ii)establishes that the IP Relay and VRS * * * provider makes available adequate procedures and remedies for ensuring compliance with the requirements of this section and the mandatory minimum standards contained in § 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 § 64.604 of the Commission's rules, the IP Relay and 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 *GoAmerica Application* and *GoAmerica Supplement* pursuant to these rules. The Bureau concludes that GoAmerica has demonstrated that its provision of IP Relay and VRS services 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 GoAmerica's service differs from the mandatory minimum standards, the service does not violate the rules. *See,* *e.g., GoAmerica Supplement* at 3 (noting that GoAmerica will offer speed dialing, phone book directory and relay calls customization for IP Relay). 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, GoAmerica must file an annual report with the Commission evidencing that they are in compliance with § 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, GoAmerica may apply for renewal of its IP Relay and VRS services 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. Monica S. Desai, Chief, Consumer & Governmental Affairs Bureau. [FR Doc. E6-9948 Filed 6-27-06; 8:45 am] BILLING CODE 6712-01-P 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. 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 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 § 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 § 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 § 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 § 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]
Connections9 off-index
9 references not yet in our index
  • Pub. L. 104-13
  • 47 CFR 1.2110(n)
  • 47 CFR 64.605(a)(2)
  • 47 CFR 64.604(c)(5)(iii)(F)
  • 47 CFR 64.605(b)(2)
  • 47 CFR 64.604
  • 47 CFR 64.605(e)(2)
  • 47 CFR 64.605(g)
  • 47 CFR 64.605(c)(2)
Citation graph
cites case law
Notices
Notice
Pub. L.Pub. L. 104-13
Cite47 CFR 1.2110(n)
Cite47 CFR 64.605(a)(2)
Cite47 CFR 64.604(c)(5)(iii)(F)
Cite47 CFR 64.605(b)(2)
Cites 9 · showing 5Cited by 0 across 0 sources
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