Goto Section: 64.604 | 64.606 | Table of Contents
FCC 64.605
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 64.605 VRS and IP Relay Provider and TRS program certification.
(a) Documentation. (1) Certified state program. Any state, through its
office of the governor or other delegated executive office empowered to
provide TRS, desiring to establish a state program under this section shall
submit, not later than October 1, 1992, documentation to the Commission
addressed to the Federal Communications Commission, Chief, Consumer &
Governmental Affairs Bureau, TRS Certification Program, Washington, DC
20554, and captioned “TRS State Certification Application.” All
documentation shall be submitted in narrative form, shall clearly describe
the state program for implementing intrastate TRS, and the procedures and
remedies for enforcing any requirements imposed by the state program. The
Commission shall give public notice of states filing for certification
including notification in the Federal Register.
(2) VRS and IP Relay provider. Any entity desiring to provide VRS or IP
Relay services, independent from any certified state TRS program or any TRS
provider otherwise eligible for compensation from the Interstate TRS Fund,
and to receive compensation from the Interstate TRS Fund, shall submit
documentation to the Commission addressed to the Federal Communications
Commission, Chief, Consumer & Governmental Affairs Bureau, TRS Certification
Program, Washington, DC 20554, and captioned “VRS and IP Relay Certification
Application.” The documentation shall include, 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.
(b) (1) Requirements for state certification. After review of state
documentation, the Commission shall certify, by letter, or order, the state
program if the Commission determines that the state certification
documentation:
(i) Establishes that the state program meets or exceeds all operational,
technical, and functional minimum standards contained in Sec. 64.604;
(ii) Establishes that the state program makes available adequate procedures
and remedies for enforcing the requirements of the state program, including
that it makes available to TRS users informational materials on state and
Commission complaint procedures sufficient for users to know the proper
procedures for filing complaints; and
(iii) Where a state program exceeds the mandatory minimum standards
contained in Sec. 64.604, the state establishes that its program in no way
conflicts with federal law.
(2) Requirements for VRS and IP Relay Provider FCC Certification. After
review of certification documentation, the Commission shall certify, by
Public Notice, that the VRS or IP Relay provider is eligible for
compensation from the Interstate TRS Fund if the Commission determines that
the certification documentation:
(i) Establishes that the provision of VRS and/or IP Relay will meet or
exceed all non-waived operational, technical, and functional minimum
standards contained in Sec. 64.604;
(ii) Establishes that the VRS and/or IP Relay provider makes available
adequate procedures and remedies for ensuring compliance with the
requirements of this section and the mandatory minimum standards contained
in Sec. 64.604, including that it makes available for TRS users informational
materials on complaint procedures sufficient for users to know the proper
procedures for filing complaints; and
(iii) Where the TRS service differs from the mandatory minimum standards
contained in Sec. 64.604, the VRS and/or IP Relay provider establishes that its
service does not violate applicable mandatory minimum standards.
(c)(1) State certification period. State certification shall remain in
effect for five years. One year prior to expiration of certification, a
state may apply for renewal of its certification by filing documentation as
prescribed by paragraphs (a) and (b) of this section.
(2) VRS and IP Relay Provider FCC certification period. Certification
granted under this section shall remain in effect for five years. A VRS or
IP Relay provider may apply for renewal of its certification by filing
documentation with the Commission, at least 90 days prior to expiration of
certification, containing the information described in paragraph (a)(2) of
this section.
(d) Method of funding. Except as provided in Sec. 64.604, the Commission shall
not refuse to certify a state program based solely on the method such state
will implement for funding intrastate TRS, but funding mechanisms, if
labeled, shall be labeled in a manner that promote national understanding of
TRS and do not offend the public.
(e)(1) Suspension or revocation of state certification. The Commission may
suspend or revoke such certification if, after notice and opportunity for
hearing, the Commission determines that such certification is no longer
warranted. In a state whose program has been suspended or revoked, the
Commission shall take such steps as may be necessary, consistent with this
subpart, to ensure continuity of TRS. The Commission may, on its own motion,
require a certified state program to submit documentation demonstrating
ongoing compliance with the Commission's minimum standards if, for example,
the Commission receives evidence that a state program may not be in
compliance with the minimum standards.
(2) Suspension or revocation of VRS and IP Relay Provider FCC certification.
The Commission may suspend or revoke the certification of a VRS or IP Relay
provider if, after notice and opportunity for hearing, the Commission
determines that such certification is no longer warranted. The Commission
may, on its own motion, require a certified VRS or IP Relay provider to
submit documentation demonstrating ongoing compliance with the Commission's
minimum standards if, for example, the Commission receives evidence that a
certified VRS or IP Relay provider may not be in compliance with the minimum
standards.
(f) Notification of substantive change. (1) States must notify the
Commission of substantive changes in their TRS programs within 60 days of
when they occur, and must certify that the state TRS program continues to
meet federal minimum standards after implementing the substantive change.
(2) VRS and IP Relay providers certified under this section must notify the
Commission of substantive changes in their TRS programs, services, and
features within 60 days of when such changes occur, and must certify that
the interstate TRS provider continues to meet federal minimum standards
after implementing the substantive change.
(g) VRS and IP Relay providers certified under this section shall file with
the Commission, on an annual basis, a report providing evidence that they
are in compliance with Sec. 64.604.
[ 70 FR 76215 , Dec. 23, 2005]
Goto Section: 64.604 | 64.606
Goto Year: 2005 |
2007
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