81_FR_33271 81 FR 33170 - Transition From TTY to Real-Time Text Technology

81 FR 33170 - Transition From TTY to Real-Time Text Technology

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33170-33192
FR Document2016-12057

In this document, the Commission proposes amendments to its rules to facilitate a transition from outdated text telephone (TTY) technology to a reliable and interoperable means of providing real-time text (RTT) communication for people who are deaf, hard of hearing, speech disabled, and deaf-blind over Internet Protocol (IP) enabled networks and services.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016)
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Proposed Rules]
[Pages 33170-33192]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12057]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 6, 7, 14, 20, 64, and 67

[CG Docket No. 16-145 and GN Docket No. 15-178; FCC 16-53]


Transition From TTY to Real-Time Text Technology

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes amendments to its 
rules to facilitate a transition from outdated text telephone (TTY) 
technology to a reliable and interoperable means of providing real-time 
text (RTT) communication for people who are deaf, hard of hearing, 
speech disabled, and deaf-blind over Internet Protocol (IP) enabled 
networks and services.

DATES: Comments are due July 11, 2016 and Reply Comments are due July 
25, 2016.

ADDRESSES: You may submit comments, identified by CG Docket No. 16-145, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS), through the Commission's Web site http://apps.fcc.gov/ecfs//. Filers should follow the instructions provided on 
the Web site for submitting comments. For ECFS filers, in completing 
the transmittal screen, filers should include their full name, U.S. 
Postal service mailing address, and CG Docket No. 16-145.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although the 
Commission continues to experience delays in receiving U.S. Postal 
Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Suzy Rosen Singleton, Consumer and 
Governmental Affairs Bureau, at 202-510-9446 or email 
[email protected], or Robert Aldrich, Consumer and Governmental 
Affairs Bureau, at 202-418-0996 or email [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to 47 CFR 1.415, 1.419, interested 
parties may file comments and reply comments on or before the dates 
indicated on the first page of this document. Comments may be filed 
using the Commission's ECFS. See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
     Commercial Mail sent by overnight mail (other than U.S. 
Postal Service Express Mail and Priority Mail) must be sent to 9300 
East Hampton Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street SW., Washington, DC 20554.
    This is a summary of the Commission's document FCC 16-53, 
Transition from TTY to Real-Time Text Technology, Notice of Proposed 
Rulemaking, adopted April 28, 2016, and released April 29, 2016, in CG 
Docket No. 16-145 and GN Docket No. 15-178. The full text of document 
FCC 16-53 will be available for public inspection and copying via ECFS, 
and during regular business hours at the FCC Reference Information 
Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 
20554. Document FCC 16-53 can also be downloaded in Word or Portable 
Document Format (PDF) at: https://www.fcc.gov/general/disability-rights-office-headlines. This proceeding shall be treated as a 
``permit-but-disclose'' proceeding in accordance with the Commission's 
ex parte rules. 47 CFR 1.1200 et seq. Persons making ex parte 
presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda or other filings in the proceeding, the presenter may provide 
citations to such data or arguments in his or her prior comments, 
memoranda, or other filings (specifying the relevant page and/or 
paragraph numbers where such data or arguments can be found) in lieu of 
summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with 47 CFR 1.1206(b). 
In proceedings governed by 47 CFR 1.49(f) or for which the Commission 
has made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules. To request materials in accessible formats 
for people with disabilities (Braille, large print, electronic files, 
audio format), send an email to [email protected] or call the Consumer and 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY).

Initial Paperwork Reduction Act of 1995 Analysis

    Document FCC 16-53 seeks comment on proposed rule amendments that 
may result in modified information collection requirements. If the 
Commission adopts any modified information collection requirements, the 
Commission will publish another notice in the Federal Register inviting 
the public to comment on the requirements, as required by the Paperwork 
Reduction Act. Public Law 104-13; 44 U.S.C. 3501-3520. In addition, 
pursuant to the Small Business Paperwork Relief Act of

[[Page 33171]]

2002, the Commission seeks comment on how it might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees. Public Law 107-198; 44 U.S.C. 3506(c)(4).

Synopsis

Introduction

    1. In document FCC 16-53, the Commission proposes amendments to its 
rules to facilitate a transition from outdated text telephone (TTY) 
technology to a reliable and interoperable means of providing real-time 
text (RTT) communication for people who are deaf, hard of hearing, 
speech disabled, and deaf-blind over Internet Protocol (IP) enabled 
networks and services. RTT is a mode of communication that permits text 
to be sent immediately as it is being created. As a technology designed 
for today's IP environment, and one that allows the use of off-the-
shelf rather than specialized end user devices, RTT can, for the first 
time in our nation's history, enable people with disabilities who rely 
on text to use text-based communications services that are fully 
integrated with mainstream communications services and devices used by 
the general public. In addition, RTT's advanced features, including its 
speed, full character set, reliability, and ease of use, can 
significantly improve access to emergency services for people with 
disabilities and help reduce reliance on telecommunications relay 
services.
    2. In order to facilitate an effective and seamless transition to 
RTT, the Commission proposes to amend its rules as follows:
     The Commission proposes to replace its rules governing the 
obligations of wireless service providers and equipment manufacturers 
to support TTY technology with rules defining the obligations of these 
entities to support RTT over IP-based wireless voice services.
     The Commission proposes that, for wireless service 
providers' and equipment manufacturers' support of RTT to be deemed 
sufficient for compliance with the Commission's rules:
     RTT communications must be interoperable across networks 
and devices, and this may achieved through adherence to Internet 
Engineering Task Force (IETF) Request for Comments 4103, Real-time 
Transport Protocol Payload for Text Conversation (2005) (RFC 4103), as 
a ``safe harbor'' standard for RTT;
     RTT communications must be backward compatible with TTY 
technology, until the Commission determines that such compatibility is 
no longer necessary; and
     Wireless services and equipment capable of sending, 
receiving and displaying text must support specific RTT functions, 
features, and capabilities necessary to ensure that people with 
disabilities have accessible and effective text-based communications 
service.
     The Commission proposes establishing timelines for 
implementation of RTT as follows:
     For Tier I wireless service providers, and manufacturers 
that provide devices for such services, implementation of RTT would be 
required by December 31, 2017.
     For non-Tier I wireless providers, and manufacturers of 
equipment used with such services, the Commission seeks comment on an 
appropriate timeline for implementation of RTT.
     Finally, the Commission seeks comment on whether to amend 
its rules to place comparable responsibilities to support RTT on 
providers and manufacturers of wireline IP services and equipment that 
enable consumers to initiate and receive communications by voice.
    3. The Commission believes that the above proposals for the 
migration from TTY to RTT technology will ensure that people with 
disabilities can fully utilize and benefit from twenty-first century 
communications technologies as our nation migrates from legacy analog 
systems to IP-based networks and services. The Commission seeks comment 
on the tentative conclusions, proposals, and analyses put forth in 
document FCC 16-53, as well as on any alternative approaches.

Background

    4. The Commission has adopted specific rules requiring support for 
TTY technology by providers and manufacturers of telecommunications and 
advanced communications services and devices. See 47 CFR 6.5, 7.5, 
14.20, 14.21, 20.18(c), 64.601(a)(1), (b), 64.603, 64.604(a)(3)(v), 
(c)(5)(iii). On June 12, 2015, AT&T filed a petition requesting that 
the Commission initiate a rulemaking proceeding to authorize the 
substitution of RTT for TTY technology, as an accessibility solution 
for use with IP-based voice communications networks and services.

Limitations of TTY Technology and the Need for a Rulemaking

    5. TTY technology was developed more than fifty years ago as a 
means of enabling people who are deaf, hard of hearing, and speech 
disabled to use the legacy Public Switched Telephone Network (PSTN). 
The record shows the significant challenges that TTY technology 
presents on IP-based communication networks and platforms, including 
its susceptibility to packet loss, compression techniques that distort 
TTY tones, and echo or other noises that result from the transmission 
of the Baudot character string. These deficiencies can degrade quality, 
augment error rates, and hurt the reliability of telephone 
communications. When these shortcomings occur, synchronization of the 
conversation also can be impeded, and the transmission can become 
garbled until it is restored. For TTY users, this not only is 
frustrating, but also can present a dangerous situation in an 
emergency, when effective communication is critical. TTYs are also 
criticized for their slow transmission speed, their dependency on turn-
taking, their use of significant network bandwidth, their lack of 
interoperability with dedicated text devices used in other countries, 
and their limited character set, the latter of which can make 
communicating certain information, such as email and web addresses, 
difficult or impossible.
    6. The record shows that these technical and functional limitations 
of TTY technology have resulted in a steady decline in its use in favor 
of other forms of text communication that offer greater ease of use, 
improved features, and practicability. This trend is also revealed in a 
survey of the participants in field trials conducted to assess the user 
experience of the quality and interoperability of RTT and alternatives. 
Reports by the Interstate Telecommunications Relay Services (TRS) Fund 
Administrator, Rolka Loube, confirm decreasing reliance on TTYs; over 
the past 7\1/2\ years, its monthly filings show a drop of nearly 80 
percent in the number of minutes attributed to TTY-initiated relay 
calls. Rolka Loube, TRS Fund Performance Status Report, http://www.rolkaloube.com/#!formsreport/c1zvl. TTYs are hardly ever used with 
wireless services. Instead, consumers have opted for applications that 
are native to the IP environment, such as short messaging services 
(SMS), instant messaging, email, IP Relay Service, and various social 
media applications.
    7. Support for Commission action comes from the industry, the 
consumers, and the Commission's federal advisory bodies that have 
addressed this matter over the past several years. Most recently, in 
October 2015 and February 2016, the

[[Page 33172]]

Commission's Disability Advisory Committee (DAC) submitted two sets of 
recommendations that support the Commission's exploration into the use 
of RTT or other text-based solutions as a replacement for TTY 
technology. Prior to this, in March 2013, the Commission's Emergency 
Access Advisory Committee (EAAC) recommended replacing TTY support 
requirements with requirements for direct access to 911 services via 
IP-based text communications that include real-time text.

Proposals for RTT Implementation

    8. The Commission proposes to amend its rules to replace the rules 
governing the obligations of wireless providers and manufacturers to 
support TTY technology with rules defining the obligations of these 
entities to support RTT over IP-based wireless voice services. The 
Commission tentatively concludes that the technical and functional 
limitations of TTYs make this technology unsuitable as a long-term 
means to provide full and effective access to IP-based wireless 
telephone networks, and that there is a need to provide individuals who 
rely on text communication with a superior accessibility solution for 
the IP environment. The Commission further tentatively concludes that 
RTT can best achieve this goal because it can be well supported in the 
wireless IP environment, will facilitate emergency communications to 
911 services, allows for more natural and simultaneous interactions on 
telephone calls, will largely eliminate the need to purchase 
specialized or assistive devices that connect to mainstream technology, 
and may reduce reliance on telecommunications relay services.

RTT Support by Wireless Providers and Manufacturers

Transmission of RTT Over IP-Based Wireless Services

    9. To achieve an effective and timely transition to RTT, the 
Commission proposes to require RTT support at a specified time in the 
future, but also seeks comment on the extent to which there should be 
an interim period preceding such deadline, during which covered 
entities would be allowed to provide either RTT or TTY support on IP-
based wireless services. The Commission believes that establishing an 
RTT requirement is necessary to ensure that people with disabilities 
continue to have effective access to wireless communications services 
as these services make the transition to an all-IP environment, and 
seeks comment on this approach. To this end, the Commission proposes 
the following revisions to its rules:
     Amend Sec.  20.18(c) to require wireless IP-based voice 
service providers to be capable of transmitting 911 calls from 
individuals who are deaf, hard of hearing, deaf-blind, or speech 
disabled through RTT technology, in lieu of transmitting 911 calls from 
TTYs over IP networks;
     Amend part 64 to require wireless interconnected voice-
over-IP (VoIP) service providers to support TRS access through RTT 
technology, including 711 abbreviated dialing access, in lieu of 
supporting TRS access via TTY technology;
     Amend parts 6 and 7 to require providers of wireless 
interconnected VoIP services subject to these rules to provide and 
support RTT, if readily achievable, in lieu of providing connectability 
and compatibility with TTYs; and
     Amend part 14 to require providers of wireless VoIP 
services subject to these rules to provide and support RTT, unless this 
requirement is not achievable, in lieu of providing connectability and 
compatibility with TTYs.

End User Device Support for RTT

    10. The Commission believes that the availability of RTT-capable 
end user devices for users is essential in order to facilitate the use 
of RTT for emergency purposes, fully integrate RTT capability into the 
IP environment, and ensure that RTT users have the same range of device 
choices offered to the general public for voice communications. To this 
end, the Commission further proposes to amend its rules in the 
following manner to address the ability of wireless devices used by 
consumers to support RTT.
    11. Wireless service providers. For providers of IP-based voice 
services, the Commission proposes to:
     Amend Sec.  20.18(c), which requires the transmission of 
911 calls from TTYs, and parts 6, 7, and 14 to require that, to the 
extent a wireless provider issues design specifications, purchases for 
resale to users, or otherwise authorizes new handsets or other text-
capable end user devices for use with its IP-based voice services, the 
provider shall ensure that such devices have the ability to send, 
receive and display RTT.
     If it is not readily achievable (under parts 6 and 7) or 
achievable (under part 14) to incorporate RTT capability within such 
wireless devices, the wireless provider shall ensure that such devices 
are compatible with RTT-equipped stand-alone devices or software 
applications, ``if readily achievable'' for equipment subject to parts 
6 and 7 of the rules, and ``unless not achievable'' for equipment 
subject to part 14 of the rules.
    12. Manufacturers. For manufacturers of wireless handsets or other 
wireless text-capable end user devices used with IP-based voice 
services, the Commission proposes to amend parts 6, 7, and 14 to 
require such manufacturers to:
     Ensure that their devices have the ability to send, 
receive, and display RTT, if readily achievable for equipment subject 
to parts 6 and 7 of the rules, and unless not achievable for equipment 
subject to part 14.
     If it is not readily achievable (under parts 6 and 7) or 
achievable (under part 14) to incorporate RTT capability within such 
devices, ensure that such devices are compatible with RTT-equipped 
stand-alone devices or software applications, if readily achievable for 
equipment subject to parts 6 and 7 of the rules, and unless not 
achievable for equipment subject to part 14 of the rules.
    13. The Commission's proposal to create an affirmative requirement 
for RTT support is consistent with past Commission actions and 
Congressional mandates to ensure that, as communications networks 
evolve to incorporate new technologies, accessibility safeguards be 
amended to ensure that people with disabilities continue to have 
effective access to communications. The purpose of section 716, added 
to the Communications Act of 1934, as amended (Act), by the Twenty-
First Century Communications and Video Accessibility Act of 2010 
(CVAA), Public Law 111-260, 124 Stat. 2751 (October 8, 2010), is to 
ensure that ``advanced communications services'' (ACS) that incorporate 
new technologies are accessible to individuals with disabilities. 47 
U.S.C. 617(a)(1) (emphasis added). As explained by the Senate committee 
report on the CVAA, the CVAA's purpose is ``to update the 
communications laws'' to ensure accessibility, because, since the 
previous update in 1996 (when section 255 of the Act was added), 
``[i]nternet-based and digital technologies are now pervasive . . . 
[and] the extraordinary benefits of these technological advances are 
sometimes not accessible to individuals with disabilities.'' S. Rep. 
No. 111-386 at 1-2 (2010). Thus, for example, section 716(d) of the Act 
expressly prohibits ACS providers from ``install[ing] network features, 
functions or capabilities that impede accessibility or usability.'' 47 
U.S.C. 617(d). By requiring wireless providers and manufacturers, as 
they deploy IP-based

[[Page 33173]]

voice services, equipment, and networks, to implement RTT as a state-
of-the-art accessibility technology, the Commission will ensure not 
only that such networks do not impede accessibility, but that the 
benefits of technological advances are accessible to individuals with 
disabilities as Congress intended.
    14. The Commission's proposals are also intended to avoid 
repetition of past failures to build in accessibility at the outset of 
technological changes, which led to long delays in providing access to 
new communications technologies for people with disabilities. For 
example, in the mid-1990s, despite the public safety dangers of leaving 
people with disabilities behind as the wireless industry made its 
transition from analog to digital technology, repeated delays resulted 
in the lack of access to digital wireless services by TTY users for 
over six years, well past the rise in popularity of digital technology 
with the general public. Similarly, it was not until 2005 that digital 
handsets began integrating hearing aid compatibility, again despite the 
introduction of these handsets in the mid-1990s. Each of these delays 
imposed considerable hardships on people with disabilities, who 
remained without digital wireless access--and without emergency access 
via wireless networks--for lengthy periods of time after these 
technologies became available to everyone else. Additionally, industry 
efforts that were needed to eventually achieve such access--which took 
place very late in the design and development process of building of 
such phones--proved more costly and burdensome than would likely have 
been the case had accessibility been incorporated from the outset.
    15. The Commission has noted that communication networks are 
rapidly transitioning away from the historic provision of time-division 
multiplexed (TDM) services running on copper to new, all-IP multimedia 
networks using copper, co-axial cable, wireless, and fiber as physical 
infrastructure. As these changes take place, the Commission seeks to 
ensure that its accessibility rules for IP-based voice networks achieve 
the early integration of accessibility features, so that people with 
disabilities can enjoy communications services as they emerge, along 
with the general population. The Commission believes that amending its 
rules to require support of RTT at this time is likely to create 
greater certainty for companies that have expressed an interest in 
deploying RTT, and provide a supportive regulatory landscape in which 
to do so. With the action taken today, the Commission expects that 
covered entities will have the necessary incentives to invest and 
innovate to improve products employing RTT functionalities, promoting 
more effective access to 911 services and other communications for 
individuals with disabilities.
    16. The Commission seeks comment on its tentative conclusions, 
proposals, and analysis, including the costs and technical feasibility 
of the proposed rule amendments, and on any proposed alternatives. The 
Commission notes that in its text-to-911 proceeding, it determined that 
significant benefits could be attained by enabling people with 
disabilities to use text to access emergency services by phone. The 
Commission has recognized that as our nation ages, the number of 
Americans who may need alternatives to voice telephone communications 
is likely to increase. The Commission believes that establishing a 
requirement to ensure that RTT is incorporated in wireless IP-based 
services and devices as these are designed and developed will reduce 
the overall costs of incorporating this access feature, while ensuring 
that people with disabilities are not left behind in the transition to 
new technology. The Commission seeks comment on whether these 
assumptions are correct and generally on the benefits to be derived 
from incorporating RTT functionalities into wireless services and end 
user devices, including the benefits that may accrue for improving 
access to 911 services.
    17. In a joint filing, three technology research centers, the 
Rehabilitation Engineering Research Center on Telecommunications 
Access, Trace Research & Development Center at the University of 
Wisconsin-Madison, and the Gallaudet University Technology Access 
Program (Technology Research Centers), contend that the implementation 
of RTT would not add any hardware costs to support RTT, if limited to 
products used for receiving and displaying RTT that already have a 
display large enough to display multiple lines of text (or software 
designed to run on a multi-line display) and a mechanism for generating 
text for other purposes. They and others point out that many Internet-
enabled terminal devices, including smartphones, tablets, and VoIP desk 
phones, already have such text generation and display capabilities. 
Costs also appear to be minimized if incorporated in the beginning of 
the design process. The Commission seeks comment on the merits of these 
assumptions, and on how they would be affected by the outcome of the 
issues raised for comment in this section regarding the scope of an 
equipment capabilities requirement.

Timelines

    18. Larger wireless carriers. The Commission seeks comment on when 
its rules requiring implementation of RTT should become effective. The 
Commission proposes that this be completed by Tier I wireless service 
providers, which offer nationwide service, no later than December 31, 
2017. See 47 CFR 20.19(a)(3)(v) for a definition of Tier I providers. 
The Commission seeks comment on whether the proposed date will afford 
sufficient time for this category of providers to achieve compliance 
with the rules proposed in document FCC 16-53. Alternatively, the 
Commission seeks comment on whether it would be preferable to establish 
a specified interim period of time--prior to the deadline set for an 
RTT requirement--during which Tier I covered entities would be allowed 
to support RTT over their IP facilities if they are unable to support 
TTYs. The Commission asks parties that believe such interim period is 
necessary to explain whether and how such period would be needed to 
afford additional flexibility during the transition to RTT technology. 
The Commission further asks commenters who disagree with the 
Commission's proposed deadline of December 31, 2017, for Tier I 
carriers to explain why additional time would be needed to achieve 
deployment of RTT.
    19. Smaller wireless carriers. The Commission proposes that smaller 
wireless carriers, to be defined as those that do not fall into Tier I, 
be given an additional period of time to achieve compliance with the 
proposed RTT support requirements beyond the deployment date proposed 
for the larger, Tier I carriers. The Commission seeks comment on what 
would be an appropriate extension of time, as well as whether the 
Commission should distinguish between Tier II (non-nationwide mid-sized 
commercial mobile radio service (CMRS) providers with greater than 
500,000 subscribers) and Tier III carriers (non-nationwide small CMRS 
providers with no more than 500,000 subscribers) in determining 
appropriate benchmarks for these providers. Alternatively, the 
Commission seeks comment on whether it would be more appropriate to tie 
the obligations of these carriers to the timing of their transition to 
IP-based wireless technologies, such as IMS/VoLTE or 4G services. 
Finally, to what extent would it be appropriate to

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establish an interim transitional period, akin to what is discussed 
above for Tier I carriers, during which such smaller carriers would be 
allowed, but not required, to support RTT in lieu of TTY technology?
    20. End user devices. The Commission proposes that the timeline 
established for RTT support over IP-based wireless services apply as 
well to handsets and other text-capable end user devices for use with 
such services, and thus proposes that any such handsets or devices sold 
after December 31, 2017, have RTT capability, and seeks comment on this 
proposal. Making this requirement effective at the same time that 
wireless services are required to become RTT-capable would ensure that 
sufficient handsets are available for people with disabilities to have 
access to text communications in real time after the existing orders 
waiving service provider requirements for TTY support expire. Will the 
proposed December 2017 deadline for the Tier I service providers allow 
sufficient time to incorporate RTT capability in end user devices? Is 
it more appropriate for the deadline established for end user devices 
to apply to the date on which new devices are manufactured, rather than 
first made available to the general public?
    21. In addition to requiring the inclusion of RTT support on new 
terminal devices, consistent with statutory requirements for 
telecommunications access and access to advanced communications 
services and equipment, should there be a requirement to add RTT 
capability to end user devices already in service at the compliance 
deadline, at ``natural opportunities,'' previously defined by the 
Commission to occur upon the redesign of a product model or service, 
new versions of software, upgrades to existing features or 
functionalities, significant rebundling or unbundling of product and 
service packages, or any other significant modification that may 
require redesign? Further, to the extent that it is not achievable 
under section 716 of the Act or readily achievable under section 255 of 
the Act to make an end user device accessible through RTT, by what date 
should such device be made compatible with a stand-alone RTT device or 
app to the extent that these become available?
    22. The Commission also seeks comment on the period of time, if 
any, that over-the-top applications or plug-ins for RTT should be 
permitted as an interim measure to achieve RTT on end user devices, and 
if permitted as over-the-top applications, whether manufacturers and 
service providers should be required to pre-install such applications 
on devices before they are sold to the public. Specifically, the 
Commission proposes that the use of an over-the-top application as an 
interim solution, such as that which AT&T is achieving, will be 
sufficient to constitute compliance with the RTT requirement by 
December 31, 2017, and seeks comment on this tentative conclusion. At 
the same time, the Commission asks to what extent the Commission should 
be concerned that the many advantages of RTT as a universal text 
solution will not be achieved until RTT is incorporated as a native 
function in end user devices, or at a minimum, pre-installed by the 
manufacturer or service provider as a ``default'' application. The 
Commission seeks comment on whether this concern should guide its final 
rules, and further seeks comment on what functionalities of RTT, and 
what associated benefits of RTT, if any, would be unavailable if it is 
initially implemented as an over-the-top application rather than as 
native functionality. With this in mind, the Commission asks commenters 
to provide specific parameters for and factual showings justifying any 
timelines they propose for transitioning to native RTT functionality in 
covered devices.

Advantages of RTT

    23. IP-Based Technology. There is general agreement among AT&T and 
those commenting on its petition that RTT is an effective alternative 
to TTY technology for the IP environment. Commenters concur that RTT is 
designed for today's packet-switching environment and offers an 
expanded array of features to enable more robust user conversations, 
including real-time editing of text and full-duplex functionality 
(i.e., both parties can communicate simultaneously). Various commenters 
state that RTT allows for the intermixing of speech with text, is more 
spectrally efficient than TTY, will be superior to TTY in every way--
transmission speed, latency, reliability, features, privacy, 
conversation form, and ease of use--will facilitate the transition to 
end-to-end Next Generation 911 (NG911), and will meet the needs of 
legacy TTY users during the transition. The Commission tentatively 
concludes that deployment of RTT on IP networks will offer 
functionality greatly superior to that of TTY technology, and it seeks 
comment on this tentative conclusion.
    24. Off-the-Shelf Devices. Commenters also state that RTT will 
allow consumers with disabilities to make calls using the built-in 
functionality of a wide selection of off-the-shelf devices, including 
smartphones, tablets, computers and other Internet-enabled devices that 
have the ability to send, receive, and display text. These parties 
point out that this can eliminate the high costs and other challenges 
involved in finding, purchasing, and making effective use of assistive 
devices such as TTYs. The Commission tentatively concludes that the 
ability to acquire off-the-shelf RTT-capable devices will be beneficial 
for text communication users, and seeks comment on this tentative 
conclusion.
    25. Substitution for Telecommunications Relay Services. Section 225 
of the Act directs the Commission to ensure that TRS is available ``in 
the most efficient manner.'' 47 U.S.C. 225(b)(1). The record suggests 
that, because RTT will provide greater opportunities for direct, point-
to-point text communication and can enable text to be intermixed with 
voice, it can reduce reliance on relay services and thereby provide 
consumers with greater privacy and independence, while reducing overall 
costs for telecommunications users. For example, one form of TRS, 
captioned telephone relay service (CTS), currently uses communication 
assistants (CAs) to enable people who are hard of hearing to receive 
captions of conversation spoken by other parties to a telephone call. 
The Commission expects that RTT users might not need these services if 
they were able to receive RTT over VoIP phones to supplement incoming 
voice conversations for difficult-to-understand words. Similarly, the 
Commission predicts that people with speech disabilities who can type 
will be able to use standard phones capable of generating RTT to 
communicate with other persons who also have VoIP phones with displays. 
However, the Commission notes that these results are likely to be 
achieved only to the extent that RTT capabilities in end user devices 
truly become ubiquitous--i.e., are enabled by default in all or most 
wireless (and eventually wireline) terminal equipment. To the extent 
that RTT is ``supported'' but not fully incorporated as a native or 
default function of devices--and is merely available for users to 
download or install--commenters suggest that the universal reach of 
text as a substitute for relay services will be less likely to be 
achieved, because many individuals who do not rely on text may not 
install this extra functionality. The Commission seeks comment on 
whether these assumptions are correct.
    26. Improvement of Telecommunications Relay Services. In addition 
to substituting for TRS in some

[[Page 33175]]

circumstances, the Commission believes that RTT can be used to enhance 
the ability of TRS to provide functionally equivalent telephone 
service. For example, it would appear that for text-based forms of TRS, 
RTT can improve the speed and reliability of communications in an IP 
environment. The Technology Research Centers further note that 
individuals may be able to use RTT to supplement communications in sign 
language with text during video relay service (VRS) calls, reducing the 
time needed for CAs to convey detailed information, such as addresses 
and URLs. The Commission seeks comment on these assertions and whether 
there are other ways that RTT can improve the provision of TRS for its 
users.
    27. Advantages Over Messaging-Type Services. Text-based 
accessibility solutions include RTT, SMS, instant messaging and similar 
chat-type functions, and email. With the exception of RTT, each of 
these technologies requires parties to complete their messages and to 
press ``send,'' ``enter,'' or a similar key to transmit the message to 
its recipient. By contrast, when a message is sent in real time, it is 
immediately conveyed to and received by the call recipient as it is 
being composed. Several commenters maintain that RTT is the only type 
of text communication that allows a natural flow of conversation akin 
to voice telephone calls, and therefore the only form that meets the 
criterion of functional equivalency. Without the turn-taking and delays 
characteristic of messaging-type communications, these parties state, 
RTT gives call recipients ``an opportunity to follow the thoughts of 
the sender as they are formed into words.'' The Technology Research 
Centers note what they consider additional drawbacks of these 
alternatives: The delivery of messages over SMS is not guaranteed; 
instant messaging is not interoperable; and certain features, such as 
conference calling, are not available via instant messaging across 
multiple providers.
    28. Access to 911 Emergency Services. Perhaps the most compelling 
case to be made in favor of RTT over messaging-type services is in the 
context of emergency calls to 911. Recent studies reveal a preference 
for RTT in simulated emergency situations by 100 percent of 
participants. According to the Technology Research Centers, a principal 
reason for preferring RTT over SMS is that the latter can result in 
``[c]rossed messages [that] can lead to misunderstanding and loss of 
time. . . . In an emergency situation, a panicked caller may ask a 
second or third question if there is no immediate visible response from 
the 9-1-1 call-taker. This can lead to confusion, crossed answers, and 
error.'' In contrast, these groups explain, RTT enables ``emergency 
call-takers [to] view the message as it is being typed and respond, 
refer, interrupt, or guide the information being sent to speed up 
communication and make it more helpful to emergency responders.'' In 
this manner, they say, RTT ``allows for the efficient exchange of 
information and a continued sense of contact,'' as well as the delivery 
of even incomplete messages, which can result in potentially saving 
lives in an emergency.
    29. The Commission recognizes that, two years ago, it adopted rules 
that could be met through the provision of SMS-based text-to-911 
service. The Commission's goal in doing so was to ensure that, in the 
near term, individuals have a direct and familiar means of contacting 
911 via text through mass market communication devices that are already 
available to people with disabilities and other members of the general 
public. The Commission noted that some commenters were less supportive 
of SMS-to-911 because it does not support the ability to ``send and 
receive text simultaneously with the time that it is typed without 
having to press a `send' key.'' At the same time, the Commission 
recognized that many stakeholders would choose to text to 911 through 
an interim SMS-based solution because of its ease of use for people 
with disabilities and ubiquity in mainstream society. It went on to 
note that RTT ``provides an instantaneous exchange, character by 
character or word by word,'' a feature that commenters to this 
proceeding say is critical in an emergency. The record in the instant 
proceeding continues to reflect major concerns by several commenters 
about using SMS as a long term 911 accessibility solution. While the 
Commission does not propose to make any changes to its existing text-
to-911 rules in this proceeding, it believes that its proposals to 
facilitate the wider availability of RTT for people with disabilities 
could have a beneficial impact on the future evolution of text-to-911.
    30. The Commission proposes that RTT will be more effective than 
messaging-type services in meeting the communication needs of consumers 
with disabilities, including their emergency communication needs, and 
seeks comment on this proposal. Are there other text-based 
communication solutions that can meet the general communication needs 
of this population as effectively as RTT, and if so, how? How would the 
deployment of RTT or other text-based solutions impact the transition 
to NG911? The Commission asks commenters to address concerns about the 
costs, benefits, and feasibility of using RTT for accessing 911 
services, and seeks comment on the technical and operational impact on 
Public Safety Answering Points (PSAPs) receiving RTT-based 911 calls.

Minimum Functionalities of RTT

    31. The DAC recommends that the Commission ``consider how 
telecommunication and advanced communications services and equipment 
that support RTT [can] provide the users of RTT (either in isolation or 
in conjunction with other media) with access to the same 
telecommunication and advanced communications functions and features 
that are provided to voice-based users of the services and equipment.'' 
The Commission believes that this formulation captures the objectives 
of sections 225, 255, and 716 of the Act, which are to provide 
functionally equivalent communications and to ensure that 
telecommunications and ACS are fully accessible to and usable by people 
with disabilities. The Commission proposes that, in amending its rules 
to recognize IP-based text alternatives and facilitate the transition 
away from TTY technology, the Commission should consider the extent to 
which RTT's features, functions, and capabilities can provide people 
with disabilities with telephone service that is as accessible, usable, 
and otherwise as effective as voice-based services over IP networks. 
The Commission seeks comment on this proposed approach.
    32. The Commission tentatively concludes, proposes, or seeks 
comment on the following basic functionalities that it believes are 
necessary for a wireless provider's implementation of RTT to be 
considered compliant with the rules adopted by the Commission in this 
proceeding. The Commission seeks comment on the extent to which each is 
necessary to achieve effective telephone access for individuals with 
disabilities, as well as its costs, other benefits, and any technical 
or other challenges that may be associated with its provision. Finally, 
the Commission seeks comment on the extent to which each of these 
features will be enabled or facilitated through the use of RFC 4103. 
RFC 4103, http://www.ietf.org/rfc/rfc4103.txt.

Interoperability

    33. The Commission tentatively concludes that people who rely on 
text to communicate can only achieve effective RTT communications 
across

[[Page 33176]]

multiple platforms and networks if the communication transmissions 
carried across, and the terminal equipment used with, those platforms 
and networks are interoperable with one another. The Commission seeks 
comment on this tentative conclusion. The Commission notes that there 
is consensus among commenters on AT&T's petition for rulemaking with 
respect to the need for seamless interconnection of RTT services across 
networks, service providers, and devices. Virtually all commenters 
agree with AT&T on the importance of not locking users into a single 
network, service provider, or device, as well as the value of ensuring 
that people with disabilities have the same kinds of choices in a 
competitive market as the population in general. Some commenters note 
that if service providers were to adopt proprietary standards that do 
not interoperate, RTT users might not be able to communicate with other 
users in emergency situations.
    34. Commission rules reflect a longstanding commitment to policies 
favoring the openness of telecommunications services across providers 
and devices, so that anyone can make a voice call to anyone else, 
regardless of the provider or device they are using. For example, the 
Commission has promulgated a series of rules to ensure the 
interconnection of terminal equipment to the telephone network. The 
Commission's rules also prohibit telecommunications carriers and ACS 
providers from installing network features, functions, or capabilities 
that impede the accessibility or usability of telecommunications and 
ACS services. Further, in the Emerging Wireline Order and Further 
Notice, the Commission tentatively concluded that a carrier seeking to 
discontinue an existing retail communications service in order to 
transition to a newer technology must demonstrate that the replacement 
service offered by that carrier, or alternative services available from 
other providers in the affected service area, provides voice and non-
voice device and service interoperability--including interoperability 
with third party services--as much as or more than the interoperability 
provided by the service to be retired. Technology Transitions, Report 
and Order, Order on Reconsideration, and Further Notice of Proposed 
Rulemaking, published at 80 FR 63321, October 19, 2015 (Emerging 
Wireline Order and Further Notice). The Commission believes that 
preserving interoperability is equally important in the transition from 
TTY to RTT technology. The Commission further believes that, in the 
absence of interoperability, multiple versions of RTT may need to be 
supported, not only by user devices, but also by TRS call centers and 
911 PSAPs--a burden that could entail a prohibitive expense for many 
such entities. The Commission seeks comment on this analysis.
    35. RFC 4103 as a Safe Harbor RTT Standard The Commission next 
considers how best to achieve RTT interoperability across communication 
platforms, networks, and devices. Some commenters maintain that having 
a single standard will ensure that RTT is a valuable and universally 
usable communications medium and that it will be less expensive for 
carriers to develop and deploy a single, interoperable RTT system now, 
than to each develop their own versions of RTT service and later try to 
reconfigure these to be interoperable. Various commenters point out 
that the lack of a common standard sometimes has impeded the 
interoperability of communications technologies needed by people with 
disabilities, reporting that the lack of an international standard for 
TTY technology has prevented TTY users from communicating by text in 
real-time with people living or visiting countries abroad, the lack of 
a common standard for instant messaging sometimes prevents instant 
messaging users from being able to contact each other across platforms, 
and the lack of a common VRS standard has impeded full interconnection 
for users of this service since the early 2000s.
    36. The Commission agrees with consumers and researchers that 
standards can be especially important to ensuring interoperability of 
technologies needed by people with disabilities, and that common 
technical specifications will allow connectivity to occur seamlessly 
from one end of the call to the other without incurring obstacles along 
the way. At the same time, the Commission acknowledges the need for its 
rules to incorporate ``key principles of flexibility and technology 
neutrality'' as recommended by industry commenters. The Commission 
tentatively concludes that a middle ground between these two approaches 
can be achieved by referencing a technical standard as a safe harbor. 
The Commission believes that this approach will ensure RTT 
interoperability and product portability, while at the same time 
providing sufficient flexibility for covered entities adhering to 
different internal RTT standards--so long as their RTT support offers 
the same functions and capabilities as the selected standard, and is 
interoperable with the standard's format where they connect with other 
providers. The Commission seeks comment on this tentative conclusion 
and analysis.
    37. To the extent that any commenter believes that reference to a 
safe harbor standard is unnecessary, the Commission seeks comment on 
how it can otherwise ensure that RTT communications are interoperable, 
not just among different implementations of RTT, but also with legacy 
interconnected TTY devices. Likewise, the Commission asks commenters 
who support adoption of a mandatory technical standard to explain why a 
safe harbor, combined with performance objectives, would be 
insufficient to achieve effective and interoperable RTT communications. 
Further, will a safe harbor be sufficient to provide incentives for 
manufacturers and providers to invest in research and development of 
RTT functionalities?
    38. For the reasons discussed below, the Commission tentatively 
concludes that RFC 4103 is the appropriate standard to which covered 
entities should adhere as a safe harbor, conformity with which should 
be deemed to satisfy the Commission's interoperability requirements and 
certain of the Commission's performance objectives for RTT 
communications. The Commission seeks comment on this tentative 
conclusion. Use of RFC 4103 for RTT communications is well supported by 
the record to date. First, RFC 4103 is a non-proprietary, freely 
available standard that has been widely referenced by leading standards 
organizations. This standard, developed by the IETF, has been adopted 
by the International Telecommunications Union Telecommunication 
Standardization Sector, the European Telecommunications Standards 
Institute, 3rd Generation Partnership Project, a partnership of seven 
telecommunications standards organizations (3GPP), and Groupe Speciale 
Mobile Association.
    39. Second, RFC 4103 is already being used or has been widely 
designated for implementation by numerous carriers and other 
organizations, both domestic and foreign. Domestically, both AT&T and 
Verizon have specified RFC 4103 as the standard protocol to be 
implemented in their IP-based wireless networks as the successor to TTY 
technology, the National Emergency Number Association has specified RFC 
4103 for interoperable use in IP-based Next Generation emergency text 
communications where Session Initiation Protocol (SIP) technology is 
used, and the Access Board has proposed requiring RFC 4103 for federal

[[Page 33177]]

procurements associated with the transmission of SIP-based RTT to 
achieve compliance with section 508 of the Rehabilitation Act. In 
addition, RFC 4103 is specified in the SIP Forum's interoperability 
profile for VRS providers. Some commenters note that outside the United 
States, RFC 4103 has been implemented in text or video relay services 
in France, the Netherlands, Sweden, and Norway.
    40. Third, according to commenters, RFC 4103 has a number of 
features that make it particularly suitable for RTT. According to the 
Technology Research Centers, RFC 4103 eliminates the need to transcode 
at the borders of a network, permits a wide range of hardware, supports 
the international character set (Unicode), has built-in redundancy, is 
bandwidth efficient, is based on the same transmission protocol (RTP) 
as audio and video, and is supported by existing open source and 
commercial codecs. The Commission seeks comment on the value of each of 
these features and the extent to which they can contribute to making 
RFC 4103 a feasible and flexible means of achieving RTT 
interoperability and functionality. The Commission also seeks comment 
on which of the user functionalities necessary to an effective 
communications system, in addition to interoperability, can be made 
possible with adherence to RFC 4103. Further, to what extent can other 
RTT standards ``coexist'' with RFC 4103 in networks, technologies, and 
terminal equipment on which RTT is being used, to allow RTT to provide 
a universally accessible communications environment for people who are 
deaf, hard of hearing, speech disabled, or deaf-blind?
    41. Next, the Commission seeks comment on whether RFC 4103 is 
sufficiently flexible to spur innovation in accessibility solutions. 
Are there any non-SIP-based networks for which implementation of RTT 
would serve the public interest, and if so, how could RTT be 
implemented on such networks so as to be interoperable with networks 
adhering to RFC 4103? Finally, if any adverse effects would result from 
adopting RFC 4103 as a safe harbor, the Commission asks commenters to 
identify these, and to explain specifically how such effects could be 
mitigated by modifying the standard or allowing an alternative 
protocol.
    42. In the event that the Commission decides to adopt RFC 4103 as a 
safe harbor for RTT, the Commission seeks comment on how this standard 
can be updated and amended to accommodate successor non-proprietary RTT 
technologies that are developed in the future. The Technology Research 
Centers point out that the path for incorporating innovations into RTT 
can be the same as that used to update voice standards and codecs, 
i.e., by phasing in new formats and technologies while continuing to 
support the existing technology until its retirement. How can the 
Commission design its rules to allow these capabilities to continue 
evolving with technological advances and ensure the flexibility 
requested by industry, while not compromising the effectiveness of this 
technology for people with disabilities?
    43. The Commission believes that it has sufficient authority to 
adopt RFC 4103 as a safe harbor. Section 716 of the Act explicitly 
allows the Commission to ``adopt technical standards as a safe harbor 
for such compliance if necessary to facilitate the manufacturers' and 
service providers' compliance with section [716](a) through (c) of the 
Act.'' 47 U.S.C. 617(e)(1)(D). Additionally, section 106 of the CVAA 
expressly authorizes the Commission ``to promulgate regulations to 
implement the recommendations proposed by the EAAC, as well as any 
other regulations, technical standards, protocols, and procedures as 
are necessary to achieve reliable, interoperable communication that 
ensures access by individuals with disabilities to an Internet 
protocol-enabled emergency network, where achievable and technically 
feasible.'' 47 U.S.C. 615c(g) (emphasis added). The Commission seeks 
comment on this analysis. Further, the Commission asks commenters who 
support a mandatory standard to provide legal authority for their 
proposal. CTIA--The Wireless Association points out that section 716 of 
the Act does not permit the Commission's regulations implementing that 
section to mandate technological standards, except as a safe harbor to 
facilitate the manufacturers' and service providers' compliance with 
section 716 of the Act. At the same time, as noted, section 106 of the 
CVAA expressly authorizes the Commission to adopt technical standards 
to ensure access by people with disabilities to an IP-based emergency 
network. In the event that the Commission deems it necessary to adopt a 
mandatory RTT standard, would the Commission's specific standard-
setting authority under section 106 of the CVAA, as well as its 
authority under 47 U.S.C. 225(d), provide sufficient authority for the 
Commission to establish a mandatory technical standard for RTT, 
notwithstanding the standard-setting restriction of section 716 of the 
Act?

Backward Compatibility With TTY Technology

    44. The DAC points out that while TTY usage continues to be in 
steady decline, some people who are deaf, hard of hearing, deaf-blind, 
or speech disabled, including senior citizens and rural residents, 
continue to rely on TTYs. In order to ensure that TTY-reliant consumers 
continue to have a method of communicating during the transition to RTT 
technology, the Commission proposes that, to comply with the rules 
adopted in this proceeding, wireless service providers must ensure that 
their RTT technology is interoperable with TTY technology. The 
Commission seeks comment on this proposal. Among other things, with 
this requirement, the Commission believes it will remain possible for 
consumers to use their TTYs to communicate with a TRS call center that 
is set up to receive RTT calls and for consumers who use RTT technology 
to communicate with a TRS call center that is set up to provide 
traditional TTY-based TRS. The Commission seeks confirmation on whether 
it is feasible to use gateways and RFC 4103 to achieve backward 
compatibility, as proposed by the Technology Research Centers, and if 
not, how transcoding between RTT packets used with IP-based services 
and TTY Baudot tones can be achieved, in accordance with the accuracy 
criteria the Commission proposes for RTT. Is it correct that such 
interoperability can be achieved without added costs to TTY users and 
PSAPs as suggested by AT&T? The Commission asks commenters to discuss 
the costs, benefits, and technical feasibility of using any alternative 
standards for this purpose.
    45. A particular concern regarding backward compatibility with TTYs 
is the fact that TTYs can only send and display a small subset of 
Unicode characters, namely upper-case letters, numbers, the pound and 
dollar signs, and some punctuation marks. Thus, gateways between RTT 
systems and legacy TTYs need to be able to convert the much larger 
Unicode set used with RTT into readable TTY characters. In general, 
such character conversion is called ``transliteration.'' Thus, accented 
characters may be rendered as multiple characters--e.g., ``[auml] (a 
umlaut)'' may become ``AE.'' In some cases, words must be used in the 
transliteration, but all Unicode characters can be described 
unambiguously, if necessary, by their Unicode character name. According 
to the Unicode Consortium, transliterations should be standard, 
complete, predictable, pronounceable, and reversible. See Unicode 
Common

[[Page 33178]]

Locale Data Repository, http://cldr.unicode.org/index/cldr-spec/transliteration-guidelines. Should the rules require a standard 
transliteration approach or standard table, or should each entity 
responsible for offering gateways between RTT and TTY choose its own 
transliteration approach? What standards should be referenced? If each 
gateway may choose its own transliteration approach, should it meet, 
for example, the general transliteration guidelines formulated by the 
Unicode Consortium or other standards body? Should there be a standard 
indicator that a character string is a Unicode emoji, e.g., ``(* GOLFER 
*)'' for Unicode U+1F3CC? With respect to PSAPs employing TTYs, what 
impact might transliteration have on PSAPs' ability to handle the RTT 
911 call?
    46. The Commission also seeks comment on whether there are other 
assistive devices used with the PSTN, such as Braille-capable devices 
used by people who are deaf-blind, that would require or benefit from 
backward compatibility, and what additional steps are necessary to 
achieve this, beyond the steps necessary to achieve backward 
compatibility for TTYs.
    47. Finally, the Commission seeks comment on what events or 
measures should trigger a sunset of the residual obligation for 
wireless networks to be backward compatible with TTY technology. In the 
CVAA, Congress explicitly asked the EAAC to consider ``the possible 
phase out of the use of current-generation TTY technology to the extent 
that this technology is replaced with more effective and efficient 
technologies and methods to enable access to emergency services by 
individuals with disabilities.'' 47 U.S.C. 615c(c)(6). The EAAC 
recommended against ``imposing any deadline for phasing out TTY at the 
PSAPs until the analog phone system (PSTN) no longer exists, either as 
the backbone or as peripheral analog legs, unless ALL legs trap and 
convert TTY to IP real-time text and maintain [Voice Carry Over (VCO)] 
capability.'' Since then, however, the DAC has requested the Commission 
to ``consider a TTY sunset period when declining wireline TTY minutes 
reaches a certain threshold to be determined, while addressing the 
needs of people who are deaf-blind, speech disabled, and have cognitive 
impairments as well as for relay services and rural access.''
    48. The Commission notes that the NG911 Now Coalition has set a 
goal of transitioning to nationwide NG911 by the end of 2020. See NG911 
Now Coalition, http://www.ng911now.org/#about. The Commission seeks 
comment on whether this is an appropriate benchmark for terminating the 
requirement for backward compatibility, or whether a different 
indicator should be used to make this determination. Would it be more 
appropriate for the Commission to set the end date based on TTY usage 
falling below a threshold level? If the latter, should TTY usage be 
assessed based on usage of TTY-based forms of TRS, or a different 
indicator? The Commission is concerned about ensuring that people with 
disabilities continue to have a means of using text to make emergency 
and non-emergency calls after a TTY phase-out and generally seeks 
comment on safeguards needed to address these communications needs.

Other RTT Functionalities for Wireless Services

    49. In addition to ensuring interoperability, in this section the 
Commission seeks comment on a number of other features and capabilities 
that it believes will be necessary to ensure that RTT is as accessible, 
usable, and effective for people with disabilities as voice telephone 
wireless service is for people without disabilities.

Initiation of Calls Using RTT

    50. As a preliminary matter, the Commission proposes that wireless 
service providers and manufacturers be required to configure their 
networks and devices so that RTT communications can be initiated and 
received to and from the same telephone number that can be used to 
initiate and receive voice communications on a given terminal device. 
Among other things, the Commission tentatively concludes that enabling 
access to ten digit telephone numbers is necessary to reach and be 
reached by any other person with a phone number, and to ensure that RTT 
users can access 911 services. The Commission tentatively concludes 
that a similar ability is an essential part of the provision of RTT, 
and seeks comment on this tentative conclusion and proposal, including 
its costs, benefits and technical feasibility.

Support for 911 Emergency Communications

    51. As the Commission has previously stated, ``[t]he ability of 
consumers to contact 911 and reach the appropriate PSAP and for the 
PSAP to receive accurate location information for the caller is of the 
utmost importance.'' Emerging Wireline Order and Further Notice. The 
Commission proposes that the implementation of RTT in IP networks must 
be capable of transmitting and receiving RTT communications to and from 
any 911 PSAP served by the network in a manner that fully complies with 
all applicable 911 rules, and seeks comment on this proposal. Are 
specific measures or rule amendments necessary to ensure that RTT 
supports legacy 911, text-to-911, and NG 911 services? Given that RTT 
is in an all-IP environment, and that there may be outages during a 
loss of commercial power, or RTT may be unavailable due to the limited 
battery backup inherent in IP-based equipment, are there additional 
ways to ensure continued access to emergency communications in the 
event of a power failure to the same extent this will be guaranteed for 
voice telephone users?

Latency and Error Rate of Text Transmittal

    52. Based on comments in the record, the Commission proposes that 
compliant RTT must be capable of transmitting text instantly, so that 
each text character appears on the receiving device at roughly the same 
time it is created on the sending device. To achieve this, the 
Commission further proposes requiring that RTT characters be 
transmitted within one second of when they are generated, with no more 
than 0.2 percent character error rate, which equates to approximately a 
one percent word error rate. The Commission believes that this will 
allow text to appear character-by-character on the recipient's display 
while the sender is typing it, with a point-to-point transmission 
latency that is no greater than that provided for voice communication. 
The Commission seeks comment on these proposals, as well as whether the 
Commission should adopt other measures regarding the latency and error 
rate for RTT. For example, is it feasible, and necessary for effective 
communication, to provide users with the ability to edit individual 
characters or groups of words in real-time--for example, by backspacing 
and retyping?
    53. The Commission also notes that, according to the Technology 
Research Centers, any RTT system also can be programmed to first 
receive and hold the sender's communication while it is being composed, 
and to then send the entire message together when triggered to do so, 
in a manner akin to instant messaging. Is this ``block mode'' feature 
desirable for certain individuals? For example, would it alert people 
who are deaf-blind to incoming messages so that they know when it is 
appropriate to respond? If so, should the Commission allow or require 
that this capability be made available on compliant RTT technology? If 
such a feature is

[[Page 33179]]

permitted or required, should the Commission require nevertheless that 
RTT service revert to the character-by-character mode when 911 calls 
are detected by the IP network, in order to ensure the rapid exchange 
of information during such calls?
    54. The Commission seeks comment on any other relevant 
considerations pertaining to the transmission and delivery of RTT that 
may affect its utility and effectiveness for people with communication 
disabilities.

Simultaneous Voice and Text Capabilities

    55. The Commission proposes to require that, for a manufacturer's 
or service provider's implementation of RTT to be considered compliant 
with the rules the Commission adopts in this proceeding, users of RTT 
must be able to send and receive both text and voice simultaneously in 
both directions over IP on the same call and via a single device. The 
Commission seeks comment on this proposal.
    56. According to the 3GPP Technical Specification for Global Text 
Telephony, which is cited by the DAC, RTT that is implemented under RFC 
4103 allows text to be transported alone or in combination with other 
media, such as voice and video, in the same call session. The DAC 
therefore asks the Commission to consider ``whether telecommunication 
and advanced communications systems can support the use of RTT 
simultaneously in conjunction with the other Real-Time media supported 
by the system.'' The DAC also recommends that the Commission consider 
whether RTT equipment and services should support, among other 
features, the user's ability to ``intermix voice and text on the same 
call, including, for example, `Voice Carry Over' and `Hearing Carry 
Over.' '' Such ``carry over'' modes currently are available as types of 
TRS. VCO allows people who are deaf and hard of hearing to use their 
own voices (where possible) and receive text back during a captioned 
telephone or TTY-based relay call, while HCO generally allows people 
with speech disabilities on speech-to-speech relay calls to hear 
directly what the other party says and use the CA to repeat what the 
person with the speech disability says. However, in an RTT network, can 
these features also serve as a mode of direct point-to-point 
communications, reducing the need for reliance on TRS?
    57. A coalition of consumer groups points out that simultaneous 
voice and text on the same call also would allow callers to initiate a 
call using either text or voice and to switch to the other mode at any 
time during the call. Users would be able to send text in one direction 
and speech in the other, speak in parallel with text for captioned 
telephony, and supplement speech for difficult-to-hear words, 
addresses, and numbers. Others report findings that the quality, 
intelligibility, speed, and flow of communications improve when text is 
added to voice. Finally, the Technology Research Centers point out that 
the ability to use synchronized voice and text transmissions can 
improve communications on TRS calls. The Commission seeks comment on 
these assertions and the extent to which synchronized voice and text 
transmission is necessary for effective communication via RTT.

RTT With Video and Other Media

    58. Next, the Commission seeks comment on whether to require that, 
where covered service providers support the transmission of other 
media, such as video and data, simultaneously with voice, they also 
provide the capability for the simultaneous transmission of RTT and 
such other media. The Commission notes that in studies conducted by the 
Technology Research Centers, participants generally expressed the 
desire to add video to RTT calls, ``to express feelings, and to provide 
for more natural communication with sign language and the possibility 
of lip reading.'' In addition, some commenters highlight the benefits 
that multimedia capabilities can have in the TRS context, including the 
ability to supplement sign language communications with text on video 
relay calls. By enabling voice, text, and video to be delivered to 
users so that each of these types of media can be available at the same 
time, over the same call session, some parties also state that RTT can 
reduce overall reliance on TRS and also reduce or eliminate the need 
for TRS users to acquire the dedicated terminal equipment that is often 
needed to access these services. They claim that increasingly, people 
with and without disabilities would be able to converse with each other 
directly, using whichever mode of communication--voice, text, or 
video--is most suitable for getting their messages across.
    59. To what extent is requiring such multimedia capabilities 
necessary to achieve telephone communications for text users that are 
as effective as those available to voice users? To what extent can such 
capabilities enhance the accuracy and speed of TRS or reduce overall 
reliance on conventionally defined forms of TRS, to ensure that TRS is 
available ``in the most efficient manner''? 47 U.S.C. 225(b)(1). Would 
the inclusion of video capability with RTT be likely to lead to 
congestion problems, and how could such congestion be prevented or 
alleviated? For example, if simultaneous voice, RTT, and video are all 
available over the same telephone connection, could the parties to the 
call better simulate an in-person communication, which can be 
supplemented with RTT as needed, and thereby eliminate the need for a 
CA to serve as a communications bridge between the parties?

Requirements for TRS Providers

    60. The Commission generally seeks comment on how to integrate RTT 
into the provision of TRS. Specifically, should the Commission amend 
its TRS rules to authorize or require TRS providers to incorporate RTT 
capabilities into platforms and terminal equipment used for certain 
forms of TRS, in order to enhance its functional equivalence? For 
example, Omnitor AB asks the Commission to require relay providers to 
incorporate RTT into their systems, so that callers can use RTT 
terminals to access TRS with a single step, using ten digit numbers. 
The Commission notes that at present, some forms of TRS are provided 
over the PSTN, while others are made available via IP networks. In 
light of the ongoing migration of communications from the circuit-
switched PSTN to IP-based technologies, it appears that ultimately all 
PSTN-based TRS will be phased out and all TRS will be IP-based. If this 
occurs, should the Commission authorize or require IP Relay or other 
TRS providers to support an RTT mode between the user and the CA? If 
so, what timeline would be appropriate for implementing such 
capability? The Technology Research Centers suggest this is needed to 
improve the functional equivalence of the IP Relay interface, as well 
as to facilitate relay service modes, such as VCO and HCO. Should the 
Commission also authorize or require IP CTS or other TRS providers to 
support RTT transmission in any voice channels they provide and in any 
off-the-shelf equipment provided to IP CTS users? Finally, should the 
Commission authorize or require VRS providers to support an RTT mode 
between the user and the CA, so that RTT can be used to supplement 
communications in sign language with text during VRS calls? What other 
requirements are appropriate to assign to RTT or TRS providers to 
ensure the compatibility of their services as the transition to RTT 
takes place?

[[Page 33180]]

Character and Text Capabilities

    61. Commenters in this proceeding point out that one advantage of 
RTT is that it allows communications using the full Unicode character 
set, as compared with the more limited character set available on TTY 
transmissions. They point out that besides facilitating communication 
in languages other than English, this capability allows users to 
transmit emoticons, graphic symbols that represent ideas or concepts--
independent of any particular language--and specific words or phrases 
that have become integral to text communications in our society. In 
addition, commenters report that RTT can be equipped with the ability 
for users to control text settings such as font size and color, to 
adjust text conversation windows, and to set up text presentation.
    62. The Commission seeks comment on the technical feasibility, 
costs, and benefits of requiring that these features of RTT be 
supported by a covered service provider's implementation of RTT. How 
can each of these capabilities meet the needs of people with specific 
disabilities? For example, can the availability of emoji characters 
help people with cognitive disabilities better communicate with and 
receive information from others? How well do special characters and 
emojis translate into voice, and what are the challenges of and best 
practices for enabling this capability? Is it necessary or desirable to 
have characters based on Unicode for them to be accessible to screen 
readers used by people who are blind, visually impaired or deaf-blind? 
Similarly, to what extent can the ability to set text style and text 
presentation layout contribute to usability, readability and 
comprehension of RTT? Should there be an option for the user, depending 
on preferences and needs, to configure the display of incoming and 
outgoing text in a certain way? Finally, the Commission seeks comment 
on the extent to which these capabilities are affected by the 
properties of network transmissions.

Accessibility, Usability, and Compatibility With Assistive Technologies

    63. The Commission believes that RTT is appropriately classified as 
an ``electronic messaging service'' and that as such, both RTT services 
and the equipment used with them are subject to the requirements of 
section 716 of the Act and part 14 of the Commission's rules. 47 CFR 
14.10(i). Therefore, the Commission believes that, independently of any 
rules specific to RTT that are adopted in this proceeding, RTT services 
and end user equipment used with them must be accessible, usable, and 
compatible with assistive technologies, as defined by part 14, to the 
same extent as is currently required for telecommunications and 
advanced communications services and equipment under the Commission's 
accessibility regulations. See 47 U.S.C. 617(a)-(b); 47 CFR 14.21. The 
Commission seeks comment on this position.
    64. The Commission also seeks comment on whether it is possible to 
identify, more specifically than is currently identified by its part 14 
rules, certain RTT features or functional capabilities that are needed 
to meet the communication needs of individuals who are deaf-blind, 
people with cognitive disabilities, or other specific segments of the 
disability community. For example, should the Commission require 
compatibility with certain assistive technologies used by people who 
are deaf-blind, such as refreshable Braille displays or screen 
enlargers? In addition to providing emoji's, are there other measures 
that can be taken or required to make RTT effective for people with 
cognitive disabilities? For example, should there be a mechanism for 
slowing up the receipt of text, or an option to enable message turn-
taking to make it easier for these individuals to receive and read 
incoming messages? What features should be incorporated on terminal 
equipment used by these individuals to allow easy activation and 
operation of RTT functions?

Other Features

    65. In addition to the above specific capabilities, the DAC 
recommends that the Commission consider whether compliant RTT equipment 
and services should be required to support the following 
telecommunications functions that are available to voice-based 
telephone users:
     The ability to ``transfer a communication session using 
the same procedures used in voice telecommunication endpoints on the 
system'';
     The ability to ``initiate a multi-party teleconference 
using the same procedures used in voice telecommunication endpoints on 
the system'';
     The ability to ``use messaging, automated attendant, and 
interactive voice response systems''; and
     The ability to use caller identification and similar 
telecommunication functions.
    The Commission tentatively concludes that such functions should be 
available to RTT users as necessary for effective communication, and it 
seeks comment on this tentative conclusion, including the costs, 
benefits, and technical feasibility of supporting these functions. The 
Commission also seeks comment on the extent to which the availability 
of each of these functions may be affected by how a service provider 
implements RTT in an IP network.
    66. Additionally, the Commission seeks comment on whether to 
require that compliant RTT provide the ability to participate on 
multiple calls simultaneously and to leave and access voice and text 
mail, both of which are also telecommunications functions that must be 
made accessible to people with disabilities by federal agencies under 
section 508 of the Rehabilitation Act. See 36 CFR 1194.23, 1194.31(c), 
(e). Some commenters explain that when retrieving messages from voice 
mail, text information, including the name of the caller, return number 
(from caller ID), length of the call, time of the call, and related 
details could be sent and be viewable on screens. For interactive voice 
response prompts, they report, instant text of all the choices could be 
made available to callers.

Support of RTT Functionalities in Wireless Devices

Features and Functionalities

    67. The Commission proposes to require that handsets and other end 
user devices subject to an RTT support requirement be required to 
support each of the RTT functionalities discussed above for service 
providers. The Commission seeks comment on this proposal, including its 
costs, benefits, and technical feasibility. To what extent are these 
features and functions under the service provider's or manufacturer's 
control? Are there other features and functionalities that should be 
required for end user devices to effectively support RTT? Further, to 
what extent can such features and functionalities and their associated 
benefits be obtained if RTT is not fully incorporated as a native 
function of end user devices, but is merely available for users to 
download or install as an over-the-top application? To what extent 
would it make a difference if an RTT application is installed as a 
``default'' app prior to sale of a handset or end user device?

Device Portability and Interface With Third-Party Applications

    68. In order to ensure that individuals can use a single device on 
multiple networks, to the same extent as is currently possible with 
voice communications, there must be a stable

[[Page 33181]]

interface between user equipment and VoIP networks. For example, if 
subscribers to one wireless provider were to lose RTT communication 
capability when they insert a subscriber identity module (SIM) card for 
another wireless provider into their smartphones, then the inter-
network portability achieved for voice users' smartphones would be 
unavailable to RTT users, and the Commission's rules may fail to 
achieve functional equivalence in this critical respect. Therefore, the 
Commission proposes to require, at a minimum, that covered service 
providers enable device portability for their RTT services to the same 
extent as they enable device portability for voice services. The 
Commission seeks comment on this proposal.
    69. The Commission also seeks comment on the extent to which all 
necessary functionalities for effective use of RTT can be made 
available through provider-approved devices and applications, or 
whether third party software applications will be needed for some RTT 
features and functions. To what extent will consumers need access to 
third party RTT software applications on user devices to supplement 
native RTT capabilities that are integrated into such devices, in order 
to achieve functional equivalence with voice communications? Should the 
Commission require providers to offer an ``app interface'' to 
facilitate access to third party applications?
    70. In the event that the Commission adopts requirements for device 
portability or the enabling of third party applications, or both, it 
seeks comment on the availability or feasibility of a safe-harbor 
standard for a user-network interface that could support the RTT 
capabilities of user devices and applications from multiple 
manufacturers and providers. Alternatively, are there reasonable 
performance criteria that could be applied to ensure that a network-
user interface can support multiple third party devices and 
applications?

Minimizing Costs Incurred by Consumers

    71. Last, the Commission seeks comment on equipment costs to 
consumers that may result from the transition from TTY to RTT 
technology. Specifically, the Commission seeks comment on whether there 
are measures it could take in the context of this proceeding to ensure 
the affordability of new terminal equipment or assistive devices that 
may be needed as a consequence of the migration to RTT technology, and 
whether such measures are appropriate. The Commission expects that many 
off-the-shelf VoIP devices will be usable with RTT--eliminating 
altogether the need for specialized equipment. In addition, the 
Commission notes that several states have programs that distribute 
specialized communications equipment to people, often based on their 
economic need. Similarly, the Commission administers the National Deaf-
Blind Equipment Distribution Program, which provides funding for 
certified state programs to distribute communications equipment and 
provide related services to low income individuals who are deaf-blind 
across the United States. 47 CFR 64.610. AARP recommends that carriers 
seeking to transition to IP systems be required to work with 
governmental agencies that distribute such assistive equipment to 
qualified individuals with disabilities. The Commission seeks comment 
on the appropriateness of this suggestion, and other ways that the 
Commission can alleviate any burdens that might be associated with 
acquiring new equipment or software, particularly for those who do not 
qualify for existing state and federal equipment distribution programs 
or for those will need to replace devices not covered by such programs.

Consumer Outreach and Notifications

    72. To ensure a seamless TTY-RTT transition, the Commission seeks 
comment on the best means of informing the public, including 
businesses, governmental agencies, and individuals with disabilities 
who will be directly affected by the transition, about the migration 
from TTY technology to RTT and the mechanics of how this technology 
will work. To be effective, RTT must be usable by people with and 
without disabilities. Accordingly, the Commission tentatively concludes 
that such outreach should not only focus on people with disabilities, 
but also on the general public that will be communicating with such 
individuals, and seeks comment on this tentative conclusion. The 
Commission seeks comment on whether the statutory authority on which it 
proposes to rely for the purpose of regulating the provision of RTT is 
sufficient to authorize outreach requirements with respect to RTT. The 
Commission notes that it has previously used its authority under 
section 225 of the Act to require service providers to conduct outreach 
about TRS, and now asks whether it can rely upon such authority to 
require outreach on RTT. See 47 CFR 64.604(c)(3). What are the most 
effective methods to provide such notification, and to what extent 
should covered entities coordinate with consumer and industry 
stakeholders to develop effective messaging and outreach initiatives? 
Further, to what extent should the outreach conducted by manufacturers 
and service providers include outreach to the operators of public TTYs 
and Wi-Fi phone installations?
    73. Prior to the adoption of document FCC 16-53, the Commission's 
Consumer and Governmental Affairs Bureau, together with three other 
bureaus within the Commission, granted various wireless carriers 
temporary waivers of the Commission's requirements to support TTY 
technology on IP-based wireless networks subject to certain conditions. 
The Commission proposes that the conditions imposed in the bureaus' 
waiver orders remain in effect until the full implementation of rules 
adopted in this proceeding. These conditions include a requirement for 
waiver recipients to apprise their customers, through effective and 
accessible channels of communication, that (1) until TTY is sunset, TTY 
technology will not be supported for calls to 911 services over IP-
based wireless services, and (2) there are alternative PSTN-based and 
IP-based accessibility solutions for people with communication 
disabilities to reach 911 services. These notices must be developed in 
coordination with PSAPs and national consumer organizations, and 
include a listing of text-based alternatives to 911, including, but not 
limited to, TTY capability over the PSTN, various forms of PSTN-based 
and IP-based TRS, and text-to-911 (where available). The Commission 
tentatively concludes that the provision of this information is 
necessary to ensure that, during the transition period, there is no 
expectation on the part of consumers with disabilities that TTY 
technology will be supported by IP-based wireless services, and to 
ensure that these consumers know that alternative accessible 
telecommunications options exist, and seeks comment on this belief. The 
Commission further proposes that all information and notifications 
about the RTT transition be provided in accessible formats, such as 
large print, Braille, and other appropriate means to make information 
accessible to people with disabilities, and seeks comment on this 
proposal. Are any different or additional notices needed to ensure that 
consumers are aware of potential issues regarding 911 communications 
during a TTY-RTT transition?
    74. Finally, the Commission tentatively concludes that, consistent 
with the usability requirements of its rules implementing sections 255 
and

[[Page 33182]]

716 of the Act (see 47 CFR 6.11(a)(3), 7.11(a)(3)) as well as previous 
actions by the Commission to educate consumers about TRS (see 47 CFR 
64.604(c)(2)), covered entities should be required to implement a 
mechanism to provide information and assistance during business hours 
to their consumers regarding the TTY-RTT transition, and seeks comment 
on this tentative conclusion. The Commission seeks comment on how this 
can best be achieved. For example, to what extent should covered 
entities be required to designate staff trained to assist consumers 
with the complex issues related to the TTY-RTT transition? Are there 
additional mechanisms for outreach education and assistance that should 
be adopted?

Other Matters

    75. Security Concerns. The Commission seeks comment on security 
risks that may be associated with the adoption of RTT technology and 
that require the Commission's attention. The Technology Research 
Centers point out the availability of technical methods to secure SIP 
calls, both for call control security and media security. They also 
caution against ``blocking of RTT,'' which they say could occur where 
security or IT management personnel are not aware of the need to 
support real-time text. They explain that this can be remedied by the 
use of a ``SIP-aware firewall,'' which will allow the proper pass-
through of RTT once deployed. The Commission seeks comment on these and 
other security concerns that should be addressed through this 
proceeding, including the costs, benefits, and technical feasibility of 
implementing specific security measures.

RTT Implementation in IP-Based Wireline Networks and Equipment

    76. The Commission seeks comment on whether, in addition to 
requiring the implementation of RTT by wireless service providers, the 
Commission should amend its rules to require the implementation of RTT 
in IP-based wireline networks. As discussed above, problems associated 
with TTY transmissions are not limited to those that occur over IP 
wireless networks. Because TTYs were not designed for the IP 
environment, they have not performed well in any IP-based system; in 
fact, many of the problems associated with TTY use over IP-enabled 
wireless networks--e.g., dropped packets and data connection stability 
issues--also occur in wireline networks. Thus, as an initial matter, 
the Commission seeks comment on the extent to which wireline IP 
networks can reliably support TTY communications.
    77. Moreover, there is considerable information in the record that 
in any communications environment, TTYs remain inadequate with respect 
to their speed, their limited character set, and their failure to allow 
the simultaneous communication enjoyed by voice communications users. 
The Commission thus next seeks comment on whether the Commission should 
amend its rules at parts 6, 7, 14, and 64, to allow or require wireline 
VoIP service providers to support RTT, as the Commission is proposing 
to do for wireless services. What would be the costs, benefits, and 
technical feasibility of such requirements? The Commission believes 
that for RTT to effectively replace TTYs and allow full integration by 
people with disabilities into our nation's mainstream communications 
system, the ability to access our nation's wireline VoIP services using 
RTT will be just as important as the ability to access wireless 
services, especially if TTY technology is phased out. Many, if not most 
businesses, government agencies, and retail establishments continue to 
rely on wireline services, and having telephone access to such 
enterprises will be necessary for people with disabilities who rely on 
text to maintain their independence, privacy, and productivity.
    78. If the Commission amends its rules governing wireline services 
to incorporate RTT support obligations, how can the Commission ensure 
that end users can readily connect to and use such RTT capabilities in 
wireline IP networks? For example, given that wireline part 68 customer 
premise equipment such as wired and cordless phones currently cannot 
readily support real-time text, would it be feasible and practical for 
wireline VoIP service providers to offer over-the-top RTT applications 
downloadable to text-capable devices such as smartphones, tablets, and 
computers, that could then be used to connect to the carrier's VoIP 
service platform? Should wireline VoIP providers be required to ensure 
the compatibility of their services with third-party RTT applications 
present in stand-alone devices or downloaded onto text-capable devices 
such as smartphones, tablets, and computers? To what extent should 
wireline VoIP manufacturers have RTT support obligations for their 
equipment that is otherwise capable of sending, receiving, and 
displaying text? To the extent that IP-based wireline service providers 
and manufacturers have an obligation under the Commission's rules to 
support RTT, should they be required to adhere to the same 
interoperability requirements, minimum functionalities, and outreach 
obligations that the Commission proposes to require for wireless VoIP 
services and end user devices? Finally, is RFC 4103 an appropriate 
standard to reference as the safe harbor for wireline VoIP services and 
text-capable end user equipment to ensure interoperability and 
compliance with the rules proposed for wireless services?
    79. The Commission also seeks comment on the appropriate timing for 
incorporation of RTT capabilities into wireline VoIP services and end 
user devices, in the event that rules requiring such capabilities are 
adopted, and the extent to which such timing should be determined by 
the manufacture or sell date of new devices. Similarly, should 
requirements for RTT support also be triggered at ``natural 
opportunities''? The Commission also seeks comment on whether RTT would 
be particularly beneficial in the context of Inmate Calling Services 
(ICS), particularly given the problems ICS users have encountered in 
trying to use TTYs, and whether there are specific issues the 
Commission would need to consider in relation to the use of RTT by 
inmates.
    80. Finally, how should TTY support obligations be modified as 
wireline networks discontinue their circuit-switched services? Should 
wireline providers that support RTT on their IP networks be permitted 
to cease supporting TTY technology at all, and if so, on what 
timetable? In comments filed in response to the Emerging Wireline Order 
and Further Notice, AARP has raised concerns about establishing firm 
dates for the sunset of TTY technology, given that a large number of 
carriers ``serving millions of subscribers, may continue to deliver 
voice services over legacy facilities for an extended period.'' AARP 
claims that ``[a]dopting hard and fast sunset dates may lead to 
customer confusion, and place undue burdens on some service providers 
and their customers'' and urges that, if the Commission establishes a 
termination date for TTY technology, it do so only for specific 
carriers that have filed for relief under section 214 of the Act. The 
Commission seeks comment on these claims and how it should consider the 
needs of consumers who still use TTYs in framing rules to address a 
transition to wireline implementation of RTT.

Legal Authority

    81. The Commission believes that it has sufficient legal authority 
to adopt the proposed rules to specify support for RTT communications 
by wireless IP-based services and equipment. The

[[Page 33183]]

Commission also believes that it has sufficient legal authority, should 
it so decide, to amend the Commission's rules to similarly specify 
support of RTT technology by wireline IP-based services and equipment. 
Further, the Commission believes that it may rely on the sources of 
authority identified above, as well as the specific authorities 
discussed below, to require that RTT provided pursuant to the proposed 
rule amendments must meet the interoperability, minimum functionality, 
and outreach requirements proposed above. The Commission seeks comment 
on these views, as well as whether there are other sources of authority 
beyond those described herein to support the proposals herein.

Amendment of Sec.  20.18

    82. The Commission believes its proposal to amend Sec.  20.18(c) of 
its rules to require wireless VoIP service providers to ensure that 
their services, handsets, and other authorized devices are capable of 
transmitting 911 calls through RTT technology over IP networks, in lieu 
of transmitting 911 calls from TTYs, is within the Commission's Title 
III authority to regulate wireless service providers. Title III 
authorizes the Commission, among other things, to prescribe the nature 
of the service to be rendered by licensed service providers and to 
modify the terms of existing licenses where such action will promote 
the public interest, convenience, and necessity. 47 U.S.C. 303(b), (g), 
316(a)(1). The Commission relied on Title III in regulating the 
location capabilities of wireless services and handsets and in adopting 
the rule requiring wireless providers to transmit 911 calls from 
individuals made on non-handset devices such as TTYs. The Commission 
further relied on Title III in requiring wireless providers to support 
text-to-911 service, concluding that Title III confers broad authority 
to prescribe the nature of the emergency service obligations of 
wireless providers, including deployment of text-to-911 capabilities.
    83. The Commission further believes that its RTT-related proposed 
amendments to section 20.18 of its rules are within the Commission's 
direct statutory authority under section 106 of the CVAA to implement 
recommendations proposed by the EAAC (47 U.S.C. 615c(c)), as well as 
``to promulgate . . . any other regulations, technical standards, 
protocols, and procedures as are necessary to achieve reliable, 
interoperable communication that ensures access by individuals with 
disabilities to an Internet protocol-enabled emergency network, where 
achievable and technically feasible.'' 47 U.S.C. 615c(g). The 
Commission relied on this authority to impose text-to-911 requirements 
on wireless providers and interconnected text service providers, as 
well as to require bounce-back messaging when a PSAP is unable to 
accept a text calls. The Commission's determination rested on two 
grounds: (1) That it was a proper exercise of the agency's authority to 
promulgate EAAC recommendations, and (2) that it was a lawful exercise 
of the agency's CVAA authority to promulgate certain ``other 
regulations.'' See 47 U.S.C. 615c(g).
    84. The EAAC submitted several recommendations to the Commission 
that appear to be particularly relevant to this proceeding. For 
example, the EAAC recommended ``that the FCC adopt requirements that 
ensure that the quality of video, text and voice communications is 
sufficient to provide usability and accessibility to individuals with 
disabilities based on industry standards for the environment.'' The 
EAAC also recommended ``that the FCC remove the requirement for TTY 
(analog real-time text) support for new IP-based consumer services that 
implement IP-based text communications that include at a minimum real 
time text or, in an LTE environment, IMS Multimedia Telephony that 
includes real-time text.'' The Commission seeks comment on whether 
these or other of the EAAC's recommendations, including those involving 
the migration to a national IP-enabled network,'' provide an additional 
basis for the Commission to rely on its authority under 47 U.S.C. 
615c(g) to adopt the amendments proposed here. The Commission also 
seeks comment generally on the scope of the Commission's authority 
under section 106 of the CVAA with respect to adoption of rules 
governing access to emergency services via RTT. 47 U.S.C. 615c.
    85. The Commission also has been granted broad authority to ensure 
effective telephone access to emergency services that may be relevant 
here, given the suggested importance of RTT as a means of securing 
emergency assistance. This includes, for example, the specific 
delegation of responsibility to the Commission under 47 U.S.C. 
251(e)(3) to ``designate 911 as the universal emergency telephone 
number for reporting an emergency to appropriate authorities and 
requesting assistance,'' the Wireless Communications and Public Safety 
Act of 1999 (codified at 47 U.S.C. 615-615b) and the NET 911 
Improvement Act of 2008 (codified at 47 U.S.C. 615a). The Commission 
seeks comment on the possible relevance of these sources of authority 
to this proceeding.
    86. Generally, the Commission tentatively concludes that the 
sources of legal authority for the actions taken in connection with the 
above-described 911 initiatives support the initiative the Commission 
is launching today, given the similarities--and despite the 
differences--between them. Major objectives of these 911 initiatives 
have been to ensure that (1) CMRS and other covered wireless providers 
provide an interim mobile text solution for this important constituency 
during the transition to NG911, and (2) the needs of people with 
disabilities do not get left behind as technology develops. The 
proceeding here addresses a current gap in the availability of 
emergency communications services by people with disabilities vis-
[agrave]-vis those now widely available to the population at large, 
namely, the disparity in the opportunity to engage in real-time 
communications with emergency providers. To rectify this deficiency, 
RTT offers the opportunity to engage in text communications on a real-
time basis, which comes much closer to voice than the currently 
available text-based communications vehicles. Analogous to the earlier 
911 initiatives, the above-cited legal authorities support the 
Commission's use of the measures proposed here to provide people who 
are deaf, hard of hearing, deaf-blind, and speech-disabled with the 
opportunity to access real time communications service in emergency 
situations when the need for such capabilities is most pressing. The 
Commission seeks comment on its tentative conclusion and assessment.

Amendment of Parts 6, 7, and 14

    87. The Commission believes that it is within its authority under 
sections 251, 255, and 716 of the Act to amend parts 6 and 7 of the 
Commission's rules to require providers of interconnected wireless VoIP 
service (as well as manufacturers of equipment used with such services) 
to support RTT, if readily achievable (under parts 6 and 7), and to 
amend part 14 to require wireless providers of VoIP service (as well as 
manufacturers of equipment used with such services) not subject to 
parts 6 and 7 to support RTT, unless this requirement is not achievable 
(under part 14). Likewise, given that the Commission seeks comment 
above on whether to provide for support of RTT on wireline networks, 
the Commission notes its belief that the Commission has sufficient 
authority under these provisions to amend its rules to similarly 
require providers of wireline

[[Page 33184]]

VoIP services and manufacturers of equipment used with such services to 
support RTT, should the Commission so decide. The Commission further 
believes that these sections provide sufficient authority to impose 
requirements to ensure that RTT is compatible with assistive 
technologies used by people with disabilities, such as refreshable 
Braille displays used by people who are deaf-blind, and seeks comment 
on this position.
    88. Section 255 of the Act requires providers of telecommunications 
service and manufacturers of telecommunications and customer premises 
equipment to ensure that their services and equipment are accessible to 
and usable by individuals with disabilities, if readily achievable. 
Section 251(a)(2) of the Act provides that telecommunications carriers 
may not install network features, functions, or capabilities that do 
not comply with the guidelines and standards established pursuant to 
section 255 of the Act. 47 U.S.C. 251(a)(2). Section 716 of the Act 
requires providers of ACS and manufacturers of equipment used with ACS 
to ensure that their services and equipment are accessible to and 
usable by individuals with disabilities, unless such requirements are 
not achievable, and directs the Commission to promulgate implementing 
regulations. 47 U.S.C. 617. ACS, in turn, is defined to include 
interconnected and non-interconnected VoIP service, as well as 
electronic messaging service and interoperable video conferencing 
service. 47 U.S.C. 153(1). Both sections 255 and 716 of the Act require 
that, to the extent that it is not achievable to make a service 
accessible and usable, service providers ``shall ensure that [their] 
equipment or service is compatible with existing peripheral devices or 
specialized customer premises equipment [SCPE] commonly used by 
individuals with disabilities to achieve access,'' if readily 
achievable, under section 255 of the Act, or unless not achievable, 
under section 716 of the Act. 47 U.S.C. 255(d), 617(c). The Commission 
seeks comment on whether these statutory provisions provide sufficient 
authority to establish RTT requirements for wireless and wireline 
services and equipment.
    89. Congress intended for these provisions collectively to ensure 
access by people with disabilities to our nation's telecommunications 
and advanced communications services, and gave the Commission broad 
authority to determine how to achieve this objective. 47 U.S.C. 154(i). 
For example, section 716 of the Act directs the Commission to prescribe 
regulations that ``include performance objectives to ensure the 
accessibility, usability, and compatibility of advanced communications 
services and the equipment'' and ``determine the obligations under this 
section of manufacturers, service providers, and providers of 
applications or services accessed over service provider networks.'' 47 
U.S.C. 617(e)(1)(A), (C). Given the limitations of TTY technology, the 
Commission believes that RTT is best suited to replace TTY technology 
for rendering voice IP services accessible to people who are deaf, hard 
of hearing, deaf-blind, or speech-disabled. The Commission seeks 
comment on this analysis.

Amendment of Part 64

    90. The Commission believes that it has sufficient authority under 
the Act to adopt the proposed amendments to part 64 of its rules to 
require wireless VoIP service providers to support the provision of and 
access to TRS via RTT. The Commission also believes that the Commission 
has sufficient authority under these provisions to adopt similar 
amendments to require wireline VoIP service providers to support RTT 
for the provision of and access to TRS.
    91. Section 225 of the Act directs the Commission to ``ensure that 
interstate and intrastate telecommunications relay services are 
available, to the extent possible and in the most efficient manner, to 
hearing-impaired and speech-impaired individuals in the United 
States,'' and further to prescribe implementing regulations, including 
functional requirements and minimum standards. 47 U.S.C. 225(b)(1), 
(d)(1). Congress initially placed the obligation to provide TRS on 
common carriers ``providing telephone voice transmission services,'' 
either on their own or through a state-supported TRS program, in 
compliance with the implementing regulations prescribed by the 
Commission. 47 U.S.C. 225(c). Pursuant to the Commission's ancillary 
jurisdiction, the Commission extended the TRS obligations to 
interconnected VoIP providers. Included in the TRS obligations of 
carriers and interconnected VoIP service providers is the obligation to 
support access to TRS call centers, including through abbreviated 711 
dialing access for TRS calls initiated by TTYs. The Commission believes 
that it has sufficient authority under these provisions to require VoIP 
service providers to support TRS access via RTT in lieu of requiring 
support for TTY technology. Section 225 of the Act does not require 
that TRS be provided or accessed with TTYs. See 47 U.S.C. 225(a)(3). 
Further, section 225 of the Act expressly directs the Commission to 
``ensure that regulations prescribed to implement this section 
encourage . . . the use of existing technology and do not discourage or 
impair the development of improved technology.'' 47 U.S.C. 225(d)(2). 
The Commission seeks comment on this analysis.

Initial Regulatory Flexibility Act Analysis

    92. As required by the Regulatory Flexibility Act, the Commission 
has prepared this present Initial Regulatory Flexibility Analysis 
(IRFA) of the possible significant economic impact on a substantial 
number of small entities by the policies and rules proposed in document 
FCC 16-53. Written public comments are requested on this IRFA. Comments 
must be identified as responses to the IRFA and must be filed by the 
deadlines for comments specified in the DATES section. The Commission 
will send a copy of document FCC 16-53, including the IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
See 5 U.S.C. 603(a).

Need For, and Objectives of, the Proposed Rules

    93. In document FCC 16-53, the Commission proposes amendments to 
its rules to facilitate a transition from outdated text telephony (TTY) 
technology to a reliable and interoperable means of providing real-time 
text (RTT) communication over Internet Protocol (IP) enabled networks 
and services for people who are deaf, hard of hearing, speech disabled, 
and deaf-blind. Real-time text is a mode of communication that permits 
text to be sent immediately as it is being created. The Commission's 
proposals would replace existing requirements mandating support for TTY 
technology with rules for wireless IP-based voice services to support 
RTT technology instead. The Commission's action seeks to ensure that 
people who are deaf, hard of hearing, speech disabled, and deaf-blind 
can fully utilize and benefit from twenty-first century communications 
technologies as the United States migrates from legacy circuit-switched 
systems to IP-based networks and services.
    94. The Commission seeks comment on the following:
     Its proposal to replace the Commission's rules that 
require wireless service providers and equipment manufacturers to 
support TTY technology with rules defining the obligations of these 
entities to support

[[Page 33185]]

RTT technology over IP-based voice services.
     Its tentative conclusions that the technical and 
functional limitations of TTYs make this technology unsuitable as a 
long-term means to provide full and effective access to IP-based 
wireless telephone networks, that there is a need to provide 
individuals who rely on text communication with a superior 
accessibility solution for the IP environment, and that RTT can best 
achieve this goal because it can be well supported in the wireless IP 
environment, will facilitate emergency communications to 911 services, 
allows for more natural and simultaneous interactions on telephone 
calls, will largely eliminate the need to purchase specialized or 
assistive devices that connect to mainstream technology, and may reduce 
reliance on telecommunications relay services.
     Its proposal to make the above amendments effective by 
December 31, 2017, for large wireless service providers and 
manufacturers of user devices authorized for their services, its 
proposal to give additional time for compliance by smaller service 
providers and manufacturers of user devices authorized for their 
services, and the amount of additional time that would be appropriate.
     Its tentative conclusions that deployment of RTT on IP 
networks will offer functionality greatly superior to that of TTY 
technology; that the ability to acquire off-the-shelf RTT-capable 
devices will be beneficial for text communication users; and that RTT 
will be more effective than messaging-type services such as short 
messaging services (SMS) in meeting the communication needs of 
consumers with disabilities, including their emergency communication 
needs.
     Its tentative conclusion that for effective RTT 
communications across multiple platforms and networks, such 
communications and the associated terminal equipment must be 
interoperable with one another.
     Its proposal to adopt a standard developed by the Internet 
Engineering Task Force (IETF), RFC 4103, as a safe harbor technical 
standard, adherence to which will be deemed to satisfy the 
interoperability requirement for RTT communications.
     Its proposal that service providers should be required to 
make their RTT services interoperable with TTY technology supported by 
circuit-switched networks, and when that requirement should sunset.
     Its proposal to require that wireless providers and 
equipment manufacturers implementing RTT support the following 
telecommunications functions:
     Use of the same North American Numbering Plan numbers used 
for voice, to initiate and receive calls;
     911 emergency communications in full compliance with all 
applicable 911 rules;
     transmission of characters within one second of when they 
are generated, with no more than a 0.2 percent character error rate, 
which equates to approximately a one percent word error rate;
     simultaneous voice and text transmission;
     TRS access;
     a comprehensive character set and the ability to control 
text settings such as font size and color, to adjust text conversation 
windows, and to set up text presentation;
     compliance with the Commission's existing accessibility 
regulations for ``electronic messaging services''; and
     other calling features such as call transfer, 
teleconferencing, caller identification, voice and text mail, and 
interactive voice response systems.
     Its proposal to require wireless service providers 
implementing RTT to enable device portability for their RTT services to 
the same extent as for voice services and whether to require such 
providers to enable the use of third party RTT software applications on 
user devices to supplement the native RTT capabilities.
     Measures that may be needed to ensure the affordability of 
new terminal equipment or assistive devices that may be needed as a 
consequence of the migration to RTT technology.
     Its proposal to require wireless service providers to 
notify their customers about the inability to use TTYs with IP-based 
services and about alternative means of reaching 911 services.
     The best means of informing the public, including 
businesses, governmental agencies, and individuals with disabilities 
who will be directly affected by the transition, about the migration 
from TTY technology to RTT and the mechanics of how this technology 
will work.
     Security risks that may be associated with the adoption of 
RTT technology and that require the Commission's attention.
     Whether to require the implementation of RTT in IP-based 
wireline networks, including:
     Whether to require wireline voice-over-IP (VoIP) service 
providers to support RTT, as the Commission is proposing to do for 
wireless services;
     How to ensure that end users can readily connect to and 
use RTT capabilities in wireline networks, and whether it would be 
feasible and practical for wireline VoIP service providers to offer 
downloadable over-the-top RTT software applications;
     Whether to require VoIP providers to ensure the 
compatibility of their services with third-party RTT software 
applications downloaded onto text-capable devices such as smartphones, 
tablets, and computers;
     The extent to which wireline VoIP manufacturers should 
have RTT support obligations for their equipment that is otherwise 
capable of sending, receiving, and displaying text;
     Whether IP-based wireline service providers and 
manufacturers should be required to adhere to the same interoperability 
requirements, minimum functionalities, and outreach obligations as 
those proposed for wireless VoIP services and end user devices;
     Whether RFC 4103 is an appropriate standard to reference 
as the safe harbor for wireline VoIP services and end user equipment to 
ensure interoperability and compliance with the rules proposed for 
wireless services; and
     The appropriate timing for incorporation of RTT 
capabilities into wireline VoIP services and end user devices.

Legal Basis

    95. The proposed action is authorized under sections 1, 2, 4(i), 
225, 255, 303, 316, and 716 of the Act, section 6 of the Wireless 
Communications and Public Safety Act of 1999, and section 106 of the 
CVAA; 47 U.S.C. 151, 152, 154(i), 225, 255, 303, 316, 615a-1, 615c, 
617.

Description and Estimate of the Number of Small Entities Impacted

    96. The RFA directs agencies to provide a description and, where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small-business concern'' under the Small Business 
Act. A ``small-business concern'' is one which: (1) Is independently 
owned and operated; (2) is not dominant in its field of operation; and 
(3) satisfies any additional criteria established by the SBA.
    97. The majority of the Commission's proposals in document FCC 16-
53 will affect obligations on telecommunications carriers and 
providers, VoIP service providers,

[[Page 33186]]

wireline and wireless service providers, ACS providers, and 
telecommunications equipment and software manufacturers. Other 
entities, however, that choose to object to the substitution of RTT for 
TTY technology under the Commission's new proposed rules may be 
economically impacted by the proposals in document FCC 16-53.
    98. A small business is an independent business having less than 
500 employees. Nationwide, there are a total of approximately 28.2 
million small businesses, according to the SBA. Affected small entities 
as defined by industry are as follows.

Wireline Providers

    99. Wired Telecommunications Carriers. The Census Bureau defines 
this industry as comprising ``establishments primarily engaged in 
operating and/or providing access to transmission facilities and 
infrastructure that they own and/or lease for the transmission of 
voice, data, text, sound and video using wired telecommunications 
networks. Transmission facilities may be based on a single technology 
or a combination of technologies. Establishments in this industry use 
the wired telecommunications network facilities that they operate to 
provide a variety of services, such as wired telephony services, 
including VoIP services, wired (cable) audio and video programming 
distribution; and wired broadband Internet services. By exception, 
establishments providing satellite television distribution services 
using facilities and infrastructure that they operate are included in 
this industry.'' The SBA has developed a small business size standard 
for Wired Telecommunications Carriers, which consists of all such 
companies having 1,500 or fewer employees. According to Census Bureau 
data for 2007, there were 3,188 firms in this category, total, that 
operated for the entire year. Of this total, 3,144 firms had employment 
of 999 or fewer employees, and 44 firms had employment of 1000 
employees or more. Thus, under this size standard, the majority of 
firms can be considered small.
    100. Local Exchange Carriers (LECs). Neither the Commission nor the 
SBA has developed a size standard for small businesses specifically 
applicable to local exchange services. The closest applicable size 
standard under SBA rules is for Wired Telecommunications Carriers. 
Under that size standard, such a business is small if it has 1,500 or 
fewer employees. According to Commission data, 1,307 carriers reported 
that they were incumbent local exchange service providers. Of these 
1,307 carriers, an estimated 1,006 have 1,500 or fewer employees and 
301 have more than 1,500 employees. Consequently, the Commission 
estimates that most providers of local exchange service are small 
entities.
    101. Incumbent Local Exchange Carriers (Incumbent LECs). Neither 
the Commission nor the SBA has developed a small business size standard 
specifically for incumbent local exchange services. The closest 
applicable size standard under SBA rules is for the category Wired 
Telecommunications Carriers. Under that size standard, such a business 
is small if it has 1,500 or fewer employees. According to Commission 
data, 1,307 carriers reported that they were incumbent local exchange 
service providers. Of these 1,307 carriers, an estimated 1,006 have 
1,500 or fewer employees and 301 have more than 1,500 employees. 
Consequently, the Commission estimates that most providers of incumbent 
local exchange service are small entities.
    102. The Commission has included small incumbent LECs in this 
present RFA analysis. As noted above, a ``small business'' under the 
RFA is one that, inter alia, meets the pertinent small business size 
standard (e.g., a telephone communications business having 1,500 or 
fewer employees), and ``is not dominant in its field of operation.'' 
The SBA's Office of Advocacy contends that, for RFA purposes, small 
incumbent LECs are not dominant in their field of operation because any 
such dominance is not ``national'' in scope. The Commission has 
therefore included small incumbent LECs in this RFA analysis, although 
the Commission emphasizes that this RFA action has no effect on 
Commission analyses and determinations in other, non-RFA contexts.
    103. Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers. Neither the Commission nor the SBA 
has developed a small business size standard specifically for these 
service providers. The appropriate size standard under SBA rules is for 
the category Wired Telecommunications Carriers. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
According to Commission data, 1,442 carriers reported that they were 
engaged in the provision of either competitive local exchange services 
or competitive access provider services. Of these 1,442 carriers, an 
estimated 1,256 have 1,500 or fewer employees and 186 have more than 
1,500 employees. In addition, 17 carriers have reported that they are 
Shared-Tenant Service Providers, and all 17 are estimated to have 1,500 
or fewer employees. In addition, 72 carriers have reported that they 
are Other Local Service Providers. Of the 72, seventy have 1,500 or 
fewer employees and two have more than 1,500 employees. Consequently, 
the Commission estimates that most providers of competitive local 
exchange service, competitive access providers, Shared-Tenant Service 
Providers, and other local service providers are small entities.
    104. Interexchange Carriers. Neither the Commission nor the SBA has 
developed a small business size standard specifically for providers of 
interexchange services. The appropriate size standard under SBA rules 
is for the category Wired Telecommunications Carriers. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
According to Commission data, 359 carriers have reported that they are 
engaged in the provision of interexchange service. Of these, an 
estimated 317 have 1,500 or fewer employees and 42 have more than 1,500 
employees. Consequently, the Commission estimates that the majority of 
IXCs are small entities.
    105. Other Toll Carriers. Neither the Commission nor the SBA has 
developed a size standard for small businesses specifically applicable 
to Other Toll Carriers. This category includes toll carriers that do 
not fall within the categories of interexchange carriers, operator 
service providers, prepaid calling card providers, satellite service 
carriers, or toll resellers. The closest applicable size standard under 
SBA rules is for Wired Telecommunications Carriers. Under that size 
standard, such a business is small if it has 1,500 or fewer employees. 
According to Commission data, 284 companies reported that their primary 
telecommunications service activity was the provision of other toll 
carriage. Of these, an estimated 279 have 1,500 or fewer employees and 
five have more than 1,500 employees. Consequently, the Commission 
estimates that most Other Toll Carriers are small entities.

Wireless Providers

    106. Wireless Telecommunications Carriers (except Satellite). Since 
2007, the Census Bureau has placed wireless firms within this new, 
broad, economic census category. The Census Bureau defines this 
industry as comprising ``establishments engaged in operating and 
maintaining switching and transmission facilities to provide

[[Page 33187]]

communications via the airwaves. Establishments in this industry have 
spectrum licenses and provide services using that spectrum, such as 
cellular phone services, paging services, wireless Internet access, and 
wireless video services.'' Under the present and prior categories, the 
SBA has deemed a wireless business to be small if it has 1,500 or fewer 
employees. For the category of Wireless Telecommunications Carriers 
(except Satellite), census data for 2007 show that there were 1,383 
firms that operated for the entire year. Of this total, 1,368 firms had 
employment of 999 or fewer employees. Since all firms with fewer than 
1,500 employees are considered small, given the total employment in the 
sector, the Commission estimates that the vast majority of wireless 
firms are small entities.

Cable Service Providers

    107. Cable Companies and Systems (Rate Regulation). The Commission 
has developed its own small business size standards for the purpose of 
cable rate regulation. Under the Commission's rules, a ``small cable 
company'' is one serving 400,000 or fewer subscribers nationwide. 
Industry data indicate that there are currently 4,600 active cable 
systems in the United States. Of this total, all but nine cable 
operators nationwide are small under the 400,000-subscriber size 
standard. In addition, under the Commission's rate regulation rules, a 
``small system'' is a cable system serving 15,000 or fewer subscribers. 
Current Commission records show 4,600 cable systems nationwide. Of this 
total, 3,900 cable systems have fewer than 15,000 subscribers, and 700 
systems have 15,000 or more subscribers. Thus, under this standard, the 
Commission estimates that most cable systems are small entities.

All Other Telecommunications

    108. All Other Telecommunications. The Census Bureau defines this 
industry as including ``establishments primarily engaged in providing 
specialized telecommunications services, such as satellite tracking, 
communications telemetry, and radar station operation. This industry 
also includes establishments primarily engaged in providing satellite 
terminal stations and associated facilities connected with one or more 
terrestrial systems and capable of transmitting telecommunications to, 
and receiving telecommunications from, satellite systems. 
Establishments providing Internet services or Voice over Internet 
Protocol (VoIP) services via client-supplied telecommunications 
connections are also included in this industry.'' The SBA has developed 
a small business size standard for this category; that size standard is 
$32.5 million or less in average annual receipts. According to Census 
Bureau data for 2007, there were 2,383 firms in this category that 
operated for the entire year. Of these, 2,346 firms had annual receipts 
of under $25 million. Consequently, the Commission estimates that the 
majority of these firms are small entities.
    109. TRS Providers. These services can be included within the broad 
economic category of All Other Telecommunications. Seven providers 
currently receive compensation from the Interstate Telecommunications 
Relay Service (TRS) Fund for providing TRS: ASL Services Holdings, LLC; 
CSDVRS, LLC; Convo Communications, LLC; Hamilton Relay, Inc.; Purple 
Communications, Inc.; Sprint Communications, Inc. (Sprint); and 
Sorenson Communications, Inc. However, because Sprint's primary 
business fits within the definition of Wireless Telecommunications 
Carriers (except Satellite), Sprint is not considered to be within the 
category of All Other Telecommunications. As a result, six of the 
authorized TRS providers can be included within the broad economic 
census category of All Other Telecommunications. The SBA has developed 
a small business size standard for All Other Telecommunications, which 
consists of all such firms with gross annual receipts of $32.5 million 
or less. Under this category and the associated small business size 
standard, approximately half of the TRS providers can be considered 
small.

Manufacturers of Equipment To Provide VoIP

    110. Entities manufacturing equipment used to provide 
interconnected VoIP, non-interconnected VoIP, or both are generally 
found in one of two Census Bureau categories, ``Electronic Computer 
Manufacturing'' or ``Telephone Apparatus Manufacturing.'' While the 
Commission recognizes that the manufacturers of equipment used to 
provide interconnected VoIP will continue to be regulated under section 
255 of the Act rather than under section 716 of the Act, the Commission 
includes here an analysis of the possible significant economic impact 
of the Commission's proposed rules on manufacturers of equipment used 
to provide both interconnected and non-interconnected VoIP because it 
was not possible to separate available data on these two manufacturing 
categories for VoIP equipment. In light of this situation, the 
estimates below are in all likelihood overstating the number of small 
entities that manufacture equipment used to provide interconnected VoIP 
and which are subject to the proposed section 716 rules. However, in 
the absence of more accurate data, the Commission presents these 
figures to provide as thorough an analysis of the impact on small 
entities as it can at this time, with the understanding that it will 
modify its analysis as more accurate data becomes available in this 
proceeding.
    111. Electronic Computer Manufacturing. The Census Bureau defines 
this category to include ``. . . establishments primarily engaged in 
manufacturing and/or assembling electronic computers, such as 
mainframes, personal computers, workstations, laptops, and computer 
servers. Computers can be analog, digital, or hybrid. Digital 
computers, the most common type, are devices that do all of the 
following: (1) Store the processing program or programs and the data 
immediately necessary for the execution of the program; (2) can be 
freely programmed in accordance with the requirements of the user; (3) 
perform arithmetical computations specified by the user; and (4) 
execute, without human intervention, a processing program that requires 
the computer to modify its execution by logical decision during the 
processing run. Analog computers are capable of simulating mathematical 
models and contain at least analog, control, and processing elements. 
The manufacture of computers includes the assembly of or integration of 
processors, co-processors, memory, storage, and input/output devices 
into a user-programmable final product. The manufacture of computers 
includes the assembly or integration of processors, coprocessors, 
memory, storage, and input/output devices into a user-programmable 
final product.'' In this category, the SBA has deemed an electronic 
computer manufacturing business to be small if it has fewer than 1,000 
employees. According to Census Bureau data for 2007, there were 425 
establishments in this category that operated that year. Of these, 419 
had less 1,000 employees. Consequently, the Commission estimates that 
the majority of these establishments are small entities.
    112. Telephone Apparatus Manufacturing. The Census Bureau defines 
this category to comprise ``establishments primarily engaged in 
manufacturing wire telephone and data communications equipment.'' The 
Census Bureau further states: ``These

[[Page 33188]]

products may be stand alone or board-level components of a larger 
system. Examples of products made by these establishments are central 
office switching equipment, cordless telephones (except cellular), PBX 
equipment, telephones, telephone answering machines, LAN modems, multi-
user modems, and other data communications equipment, such as bridges, 
routers, and gateways.''
    113. In this category, the SBA has deemed a telephone apparatus 
manufacturing business to be small if it has fewer than 1,000 
employees. For this category of manufacturers, Census data for 2007 
show that there were 398 such establishments that operated that year. 
Of those 398 establishments, 393 (approximately 99%) had fewer than 
1,000 employees and, thus, would be deemed small under the applicable 
SBA size standard. Accordingly, the majority of establishments in this 
category can be considered small under that standard. On this basis, 
the Commission continues to estimate that approximately 99% or more of 
the manufacturers of equipment used to provide VoIP in this category 
are small entities.
    114. Computer Terminal Manufacturing. This category ``comprises 
establishments primarily engaged in manufacturing computer terminals. 
Computer terminals are input/output devices that connect with a central 
computer for processing.'' The SBA has developed a small business size 
standard for this category of manufacturing; that size standard is 
1,000 or fewer employees. According to Census Bureau data for 2007, 
there were 43 establishments in this category that operated that year. 
Of this total, all 43 had less than 500 employees. Consequently, the 
Commission estimates that the majority of these establishments are 
small entities.

Manufacturers of Equipment To Provide Electronic Messaging

    115. Entities that manufacture equipment (other than software) used 
to provide electronic messaging services are generally found in one of 
three Census Bureau categories: ``Radio and Television Broadcasting and 
Wireless Communications Equipment Manufacturing,'' ``Electronic 
Computer Manufacturing,'' or ``Telephone Apparatus Manufacturing.''
    116. Radio and Television Broadcasting and Wireless Communications 
Equipment Manufacturing. The Census Bureau defines this industry as 
comprising ``establishments primarily engaged in manufacturing radio 
and television broadcast and wireless communications equipment. 
Examples of products made by the establishments are: Transmitting and 
receiving antennas, cable television equipment, GPS equipment, pagers, 
cellular phones, mobile communications equipment, and radio and 
television studio and broadcasting equipment.'' The SBA has established 
a size standard for this industry that classifies any business in this 
industry as small if it has 750 or fewer employees. Census Bureau data 
for 2007 indicate that in that year 939 such businesses operated. Of 
that number, 912 businesses operated with less than 500 employees. 
Based on this data, the Commission concludes that a majority of 
businesses in this industry are small by the SBA standard.
    117. Electronic Computer Manufacturing. This category ``comprises 
establishments primarily engaged in manufacturing and/or assembling 
electronic computers, such as mainframes, personal computers, 
workstations, laptops, and computer servers. Computers can be analog, 
digital, or hybrid. Digital computers, the most common type, are 
devices that do all of the following: (1) Store the processing program 
or programs and the data immediately necessary for the execution of the 
program; (2) can be freely programmed in accordance with the 
requirements of the user; (3) perform arithmetical computations 
specified by the user; and (4) execute, without human intervention, a 
processing program that requires the computer to modify its execution 
by logical decision during the processing run. Analog computers are 
capable of simulating mathematical models and contain at least analog, 
control, and programming elements. The manufacture of computers 
includes the assembly or integration of processors, coprocessors, 
memory, storage, and input/output devices into a user-programmable 
final product.'' The SBA has developed a small business size standard 
for this category of manufacturing; that size standard is 1,000 or 
fewer employees. According to Census Bureau data for 2007, there were 
425 establishments in this category that operated that year. Of these, 
419 had less 1,000 employees. Consequently, the Commission estimates 
that the majority of these establishments are small entities.

Manufacturers of Equipment To Provide Interoperable Video Conferencing 
Services

    118. Other Communications Equipment Manufacturing. Entities that 
manufacture equipment used to provide interoperable and other video 
conferencing services are generally found in the Census Bureau 
category: ``Other Communications Equipment Manufacturing.'' The Census 
Bureau defines this category to include: ``. . . establishments 
primarily engaged in manufacturing communications equipment (except 
telephone apparatus, and radio and television broadcast, and wireless 
communications equipment).'' In this category, the SBA has deemed a 
business manufacturing other communications equipment to be small if it 
has fewer than 750 employees. For this category of manufacturers, 
Census data for 2007 show that there were 452 such establishments that 
operated that year. Of those 452 establishments, all 452 (100%) had 
fewer than 1,000 employees and 448 of those 452 (approximately 99%) had 
fewer than 500 employees. Between these two figures, the Commission 
estimates that about 450 establishments (approximately 99.6%) had fewer 
than 750 employees and, thus, would be considered small under the 
applicable SBA size standard. Accordingly, the majority of 
establishments in this category can be considered small under that 
standard. On this basis, Commission estimates that approximately 99.6% 
or more of the manufacturers of equipment used to provide interoperable 
and other video conferencing services are small entities.

Manufacturers of Software

    119. Entities that publish software used to provide interconnected 
VoIP, non-interconnected VoIP, electronic messaging services, or 
interoperable video conferencing services are found in the Census 
Bureau category ``Software Publishers.''
    120. Software Publishers. This category ``comprises establishments 
primarily engaged in computer software publishing or publishing and 
reproduction. This industry comprises establishments primarily engaged 
in computer software publishing or publishing and reproduction. 
Establishments in this industry carry out operations necessary for 
producing and distributing computer software, such as designing, 
providing documentation, assisting in installation, and providing 
support services to software purchasers. These establishments may 
design, develop, and publish, or publish only.'' The SBA has developed 
a small business size standard for software publishers, which consists 
of all such firms with gross annual receipts of $38.5 million or less. 
For this category, census data for 2007 show that there were 5,313 
firms that operated for the entire year. Of those

[[Page 33189]]

firms, a total of 4,956 had gross annual receipts less than $25 
million. Thus, a majority of software publishers potentially affected 
by the proposals in document FCC 16-53 can be considered small.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    121. Although document FCC 16-53 proposes to require support for 
RTT in lieu of TTY technologies in all IP-based wireless services, and 
seeks comment on whether to require the implementation of RTT in IP-
based wireline networks, document FCC 16-53, for the most part, does 
not propose or seek comment on new or modified reporting, 
recordkeeping, and other compliance requirements. However, document FCC 
16-53 seeks comment on the best means of informing the public, 
including businesses, governmental agencies, and individuals with 
disabilities who will be directly affected by the transition, about the 
migration from TTY technology to RTT and the mechanics of how this 
technology will work.

Steps Taken To Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    122. The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.''
    123. Document FCC 16-53 proposes rules intended to replace obsolete 
TTY technology with RTT to ensure consumer access to IP services via 
wireless text-based communications and seeks comment on whether to do 
the same for wireline text-based communications. RTT technology may 
simplify the accessibility obligations of small businesses, because RTT 
allows calls to be made using the built-in functionality of a wide 
selection of off-the shelf devices, and thus may alleviate the high 
costs and challenges faced by small businesses and customers in 
locating dedicated external assistive devices, such as specialty 
phones. Additionally, with the proposal to phase out TTY technology, 
the burden is reduced for small entities and emergency call centers to 
maintain such technology in the long term.
    124. The Commission proposes an implementation deadline for RTT 
technology of December 31, 2017, for the wireless providers that offer 
nationwide service, and manufacturers of end user devices authorized 
for their services, and to reduce the burden and relieve possible 
adverse economic impact on small entities, seeks comment on an 
appropriate deadline for all other wireless providers and equipment 
manufacturers. In addition, the Commission seeks comment from providers 
of wireline VoIP services, including small entities, on the appropriate 
timing for incorporation of RTT capabilities into wireline VoIP 
services and end user devices.
    125. In document FCC 16-53, while the Commission proposes a ``safe 
harbor'' technical standard to ensure RTT interoperability, it proposes 
to allow service providers and carriers to use alternative protocols 
for RTT, provided that they are interoperable. Further, throughout the 
item, flexibility is integrated in the proposed requirements in order 
to take into consideration the limitations of small businesses. For 
instance, the proposed requirement that equipment manufacturers 
supporting RTT offer certain functions as native features on VoIP-
enabled terminal devices that can send, receive, and display text is 
subject to the condition that such features be achievable. As such, the 
Commission anticipates that these proposals will have little to no 
impact on small entities that are eligible to claim that the 
requirement is not achievable.
    126. The Commission believes that any requirement for service 
providers and manufacturers to implement outreach and notification to 
consumers about the transition from TTY to RTT will not require 
significant additional resources for small entities, and in any event 
would be outweighed by the need for consumers to understand the changes 
in the services and associated equipment that they will be receiving.

Federal Rules Which Duplicate, Overlap, or Conflict With, the 
Commission's Proposals

    127. None.

Ordering Clauses

    Pursuant to sections 4(i), 225, 255, 301, 303(r), 316, 403, 715, 
and 716 of the Communications Act of 1934, as amended, and section 106 
of the CVAA, 47 U.S.C. 154(i), 225, 255, 301, 303(r), 316, 403, 615c, 
616, 617, document FCC 16-53 IS ADOPTED.
    The Commission's Consumer Information Bureau, Reference Information 
Center, SHALL SEND a copy of document FCC 16-53, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects

47 CFR Part 6

    Individuals with disabilities, Access to telecommunication service 
and equipment, and Customer premise equipment.

47 CFR Part 7

    Individuals with disabilities, Access to voice mail and interactive 
menu services and equipment.

47 CFR Part 14

    Individuals with disabilities, Access to advanced communication 
services and equipment.

47 CFR Part 20

    Commercial mobile services, Individuals with disabilities, Access 
to 911 services.

47 CFR Part 64

    Telecommunications relay services, Individuals with disabilities.

47 CFR Part 67

    Real-time text, Individuals with disabilities.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 6, 7, 14, 20, 
64, and 67 as follows:

PART 6--ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS 
EQUIPMENT AND CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH 
DISABILITIES

0
1. The authority citation for part 6 continues to read as follows:

    Authority: 47 U.S.C. 151-154, 251, 255, and 303(r).

0
2. Amend Sec.  6.3 by adding paragraphs (a)(3), (b)(5), (m), and (n) to 
read as follows:


Sec.  6.3  Definitions.

    (a) * * *
    (3) Real-Time Text. Effective December 31, 2017, for wireless VoIP 
services and text-capable user devices

[[Page 33190]]

used with such services, the service or device supports real-time text 
communications, in accordance with 47 CFR part 67.
    (b) * * *
    (5) Wireless VoIP Exemption. Wireless VoIP services and equipment 
used with such services are not required to provide TTY connectability 
and TTY signal compatibility if such services and equipment support 
real-time text, in accordance with 47 CFR part 67.
* * * * *
    (m) The term real-time text shall have the meaning set forth in 
Sec.  67.1 of this chapter.
    (n) The term text-capable user device means customer premises 
equipment that is able to send, receive, and display text.

PART 7--ACCESS TO VOICEMAIL AND INTERACTIVE MENU SERVICES AND 
EQUIPMENT BY PEOPLE WITH DISABILITIES

0
3. The authority citation for part 7 continues to read as follows:

    Authority:  47 U.S.C. 1, 154(i), 154(j), 208, and 255.

0
4. Amend Sec.  7.3 by adding paragraphs (a)(3), (b)(5), (n), and (o) to 
read as follows:


Sec.  7.3  Definitions.

    (a) * * *
    (3) Real-Time Text. Effective December 31, 2017, for wireless VoIP 
services and text-capable user devices used with such services, the 
service or equipment supports real-time text communications, in 
accordance with 47 CFR part 67.
    (b) * * *
    (5) Wireless VoIP Exemption. Wireless VoIP services and equipment 
are not required to provide TTY connectability and TTY signal 
compatibility if such services and equipment support real-time text, in 
accordance with 47 CFR part 67.
* * * * *
    (n) The term real-time text shall have the meaning set forth in 
Sec.  67.1 of this chapter.
    (o) The term text-capable user device means customer premises 
equipment that is able to send, receive, and display text.

PART 14--ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT 
BY PEOPLE WITH DISABILITIES

0
5. The authority citation for part 14 continues to read as follows:

    Authority:  47 U.S.C. 151-154, 255, 303, 403, 503, 617, 618, 619 
unless otherwise noted.

0
6. Amend Sec.  14.10 by adding paragraphs (w) and (x) to read as 
follows:


Sec.  14.10  Definitions.

* * * * *
    (w) The term real-time text shall have the meaning set forth in 
Sec.  67.1 of this chapter.
    (x) The term text-capable user device means end user equipment that 
is able to send, receive, and display text.
0
7. Amend Sec.  14.21 by adding paragraphs (b)(3) and (d)(5) to read as 
follows:


Sec.  14.21  Performance Objectives.

* * * * *
    (b) * * *
    (3) Real-Time Text. Effective July 31, 2017, for wireless VoIP 
services and text-capable user devices used with such services, the 
service or device supports real-time text communications, in accordance 
with 47 CFR part 67.
* * * * *
    (d) * * *
    (5) Wireless VoIP Exemption. Wireless VoIP services and equipment 
are not required to provide TTY connectability and TTY signal 
compatibility if such services and equipment support real-time text, in 
accordance with 47 CFR part 67.

PART 20--COMMERCIAL MOBILE SERVICES

0
8. The authority citation for part 20 continues to read as follows:

    Authority:  47 U.S.C. 151, 152(a), 154(i), 157, 160, 201, 214, 
222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 
309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, 615c.

0
9. Amend Sec.  20.18 by revising paragraph (c) to read as follows:


Sec.  20.18  911 Service.

* * * * *
    (c) Access to 911 services. (1) Except as provided in paragraph 
(c)(2) of this section, CMRS providers subject to this section must be 
capable of transmitting 911 calls from individuals who are deaf, hard 
of hearing, speech-disabled, and deaf-blind through the use of Text 
Telephone Devices (TTY), except that CMRS providers transmitting over 
IP facilities are not subject to this requirement if the CMRS provider 
supports real-time text communications, in accordance with 47 CFR part 
67.
    (2) Notwithstanding any other limitation of coverage in this 
section, the requirements of this paragraph (c)(2) apply to providers 
of digital mobile service in the United States to the extent that they 
offer terrestrial mobile service that enables two-way real-time voice 
communications among members of the public or a substantial portion of 
the public. Effective December 31, 2017, such service providers 
transmitting over IP facilities shall support 911 access via real-time 
text communications for individuals who are deaf, hard of hearing, 
speech-disabled, and deaf-blind, in accordance with 47 CFR part 67.
* * * * *

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
10. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 154, 254(k), 403(b)(2)(B), (c), Pub. L. 
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 
225, 226, 227, 228, 254(k), 616, 620, and the Middle Class Tax 
Relief and Job Creation Act of 2012, Pub. L. 112-96, unless 
otherwise noted.

0
11. Amend Sec.  64.601 by revising paragraphs (a)(13), (a)(15), and 
(a)(42), and adding paragraph (a)(46), to read as follows:


Sec.  64.601  Definitions and provisions of general applicability.

* * * * *
    (a)(13) Hearing carry over (HCO). A form of TRS where the person 
with the speech disability is able to listen to the other end user and, 
in reply, the CA speaks the text as typed by the person with the speech 
disability. The CA does not type any conversation. Two-line HCO is an 
HCO service that allows TRS users to use one telephone line for hearing 
and the other for sending TTY messages. HCO-to-TTY allows a relay 
conversation to take place between an HCO user and a TTY user. HCO-to-
RTT is an HCO service that allows a relay conversation to take place 
between an HCO user and an RTT user. HCO-to-HCO allows a relay 
conversation to take place between two HCO users.
* * * * *
    (15) Internet-based TRS (iTRS). A telecommunications relay service 
(TRS) in which an individual with a hearing or a speech disability 
connects to a TRS communications assistant using an Internet Protocol-
enabled device via the Internet, rather than the public switched 
telephone network. Except as authorized or required by the Commission, 
Internet-based TRS does not include the use of a text telephone (TTY) 
or real-time text (RTT) over an interconnected voice over Internet 
Protocol service.
* * * * *
    (42) Voice carry over (VCO). A form of TRS where the person with 
the hearing disability is able to speak

[[Page 33191]]

directly to the other end user. The CA types the response back to the 
person with the hearing disability. The CA does not voice the 
conversation. Two-line VCO is a VCO service that allows TRS users to 
use one telephone line for voicing and the other for receiving TTY 
messages. A VCO-to-TTY TRS call allows a relay conversation to take 
place between a VCO user and a TTY user. VCO-to-RTT is a VCO service 
that allows a relay conversation to take place between a VCO user and 
an RTT user. VCO-to-VCO allows a relay conversation to take place 
between two VCO users.
* * * * *
    (46) Real-Time Text (RTT). The term real-time text shall have the 
meaning set forth in Sec.  67.1 of this chapter.
* * * * *
0
12. Amend Sec.  64.603 by revising the introductory text to read as 
follows:


Sec.  64.603  Provision of services.

    Each common carrier providing telephone voice transmission services 
shall provide, in compliance with the regulations prescribed herein, 
throughout the area in which it offers services, telecommunications 
relay services, individually, through designees, through a 
competitively selected vendor, or in concert with other carriers, 
including relay services accessed via RTT communications. Interstate 
Spanish language relay service shall be provided. Speech-to-speech 
relay service also shall be provided, except that speech-to-speech 
relay service need not be provided by IP Relay providers, VRS 
providers, captioned telephone relay service providers, and IP CTS 
providers. In addition, each common carrier providing telephone voice 
transmission services shall provide access via the 711 dialing code to 
all relay services as a toll free call. Wireless VoIP service providers 
are not required to provide such access to TTY users if they provide 
711 dialing code access by supporting real-time text communications, in 
accordance with 47 CFR part 67. Effective [insert date], wireless VoIP 
service providers shall provide 711 dialing code access by supporting 
real-time text communications, in accordance with 47 CFR part 67.
* * * * *
0
13. Amend Sec.  64.604 by revising paragraphs (a)(1)(v) and (vii) to 
read as follows:


Sec.  64.604  Mandatory minimum standards.

    (a) * * *
    (1) * * *
    (v) CAs answering and placing a TTY- or RTT-based TRS call or VRS 
call shall stay with the call for a minimum of ten minutes.
* * * * *
    (vii) TRS shall transmit conversations between TTY or RTT callers 
and voice callers in real time.
* * * * *
0
14. Add part 67 to read as follows:

PART 67--REAL-TIME TEXT

Sec.
67.1 Definitions.
67.2 Service Provider and Manufacturer Obligations; Minimum 
Functionalities.

    Authority:  47 U.S.C. 151-154, 225, 251, 255, 301, 303, 307, 
309, 316, 615c, 616, 617.


Sec.  67.1  Definitions.

    (a) ``Authorized user device'' means a handset or other end user 
device that is authorized by the provider of a covered service for use 
with that service and is able to send, receive, and display text.
    (b) ``Covered service'' means a VoIP or other service that is 
permitted or required to support RTT pursuant to parts 6, 7, 14, 20, or 
64 of this chapter.
    (c) ``RFC 4103'' means standard Internet Engineering Task Force 
(IETF) Request for Comments (RFC) 4103, Real-time Transport Protocol 
Payload for Text Conversation (2005) and any successor protocol 
published by the IETF. RFC 4103 is available at: http://www.ietf.org/rfc/rfc4103.txt.
    (d) ``RFC 4103-conforming'' service or user device means a covered 
service or authorized user device that enables initiation, sending, 
transmission, reception, and display of RTT communications in 
conformity with RFC 4103.
    (e) ``RFC 4103-TTY gateway'' means a gateway that is able to 
reliably and accurately transcode communications between:
    (1) RFC 4103-conforming services and devices and;
    (2) Circuit-switched networks that support communications between 
TTYs.
    (f) ``Real-time text (RTT)'' or ``RTT communications'' means text 
communications that are transmitted over Internet Protocol (IP) 
networks immediately as they are typed, e.g., on a character-by-
character basis.
    (g) ``Support RTT'' or ``support RTT communications'' means to 
enable users to initiate, send, transmit, receive, and display RTT 
communications in accordance with the applicable provisions of this 
part.


Sec.  67.2  Service Provider and Manufacturer Obligations; minimum 
functionalities.

    (a) Service Provider Obligations. A provider of a covered service 
shall ensure that its service and all authorized user devices using its 
service support RTT in compliance with this section.
    (b) Manufacturer Obligations. A manufacturer shall ensure that its 
authorized user devices support RTT in compliance with this section.
    (c) RTT-RTT Interoperability. Covered services and authorized user 
devices shall be interoperable with other services and devices that 
support RTT in accordance with this part. RFC 4103-conforming services 
and user devices shall be deemed to comply with this paragraph (c). 
Other covered services or authorized user devices shall be deemed to 
comply if RTT communications between such service or user device and an 
RFC 4103-conforming service or user device are reliably and accurately 
transcoded
    (1) To and from RFC 4103, or
    (2) To and from an internetworking protocol mutually agreed-upon 
with the owner of the network serving the RFC 4103-conforming service 
or device.
    (d) RTT-TTY Interoperability. Covered services and authorized user 
devices shall be interoperable with TTYs connected to other networks. 
Covered services and authorized user devices shall be deemed to comply 
with this paragraph (d) if communications to and from such TTYs:
    (1) Pass through an RFC 4103-TTY gateway, or
    (2) Are reliably and accurately transcoded to and from an 
internetworking protocol mutually agreed-upon with the owner of the 
network serving the TTY.
    (e) Device Portability. Authorized user devices shall be portable 
among service providers for RTT communications to the same extent as 
for voice communications.
    (f) Features and Capabilities. Covered services and authorized user 
devices shall enable the user to:
    (1) Initiate and receive RTT calls to and from the same telephone 
numbers for which they initiate and receive voice calls;
    (2) Transmit and receive RTT communications to and from any 911 
public safety answering point (PSAP) in the United States;
    (3) Transmit text instantly, so that each text character appears on 
the receiving device within one second of when it is generated on the 
sending device, with no more than 0.2 percent character error rate;
    (4) Send and receive text and voice simultaneously in both 
directions on the same call using a single device;
    (5) Transfer RTT calls and initiate conference calls using the same 
procedures used for voice communication;

[[Page 33192]]

    (6) Use RTT to communicate with and retrieve messages from 
messaging, automated attendant, and interactive voice response systems; 
and
    (7) Transmit caller identification and conduct similar 
telecommunication functions with RTT communications.

[FR Doc. 2016-12057 Filed 5-24-16; 8:45 am]
 BILLING CODE 6712-01-P



                                               33170                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               the notice of proposed rulemaking, at                   Secretary, Federal Communications                     written presentation or a memorandum
                                               the address given above. Please refer to                Commission.                                           summarizing any oral presentation
                                               the notice of proposed rulemaking for                     For detailed instructions for                       within two business days after the
                                               detailed information on accessing                       submitting comments and additional                    presentation (unless a different deadline
                                               information related to the proposal.                    information on the rulemaking process,                applicable to the Sunshine period
                                                 Dated: May 19, 2016.                                  see the SUPPLEMENTARY INFORMATION                     applies). Persons making oral ex parte
                                                                                                       section of this document.                             presentations are reminded that
                                               Christopher Grundler,
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      memoranda summarizing the
                                               Director, Office of Transportation and Air
                                                                                                       Suzy Rosen Singleton, Consumer and                    presentation must (1) list all persons
                                               Quality, Office of Air and Radiation.
                                                                                                       Governmental Affairs Bureau, at 202–                  attending or otherwise participating in
                                               [FR Doc. 2016–12358 Filed 5–24–16; 8:45 am]
                                                                                                       510–9446 or email Suzanne.Singleton@                  the meeting at which the ex parte
                                               BILLING CODE 6560–50–P                                                                                        presentation was made, and (2)
                                                                                                       fcc.gov, or Robert Aldrich, Consumer
                                                                                                       and Governmental Affairs Bureau, at                   summarize all data presented and
                                                                                                       202–418–0996 or email Robert.Aldrich@                 arguments made during the
                                               FEDERAL COMMUNICATIONS                                  fcc.gov.                                              presentation. If the presentation
                                               COMMISSION                                                                                                    consisted in whole or in part of the
                                                                                                       SUPPLEMENTARY INFORMATION: Pursuant
                                                                                                                                                             presentation of data or arguments
                                               47 CFR Parts 6, 7, 14, 20, 64, and 67                   to 47 CFR 1.415, 1.419, interested
                                                                                                                                                             already reflected in the presenter’s
                                                                                                       parties may file comments and reply
                                                                                                                                                             written comments, memoranda or other
                                               [CG Docket No. 16–145 and GN Docket No.                 comments on or before the dates
                                                                                                                                                             filings in the proceeding, the presenter
                                               15–178; FCC 16–53]                                      indicated on the first page of this
                                                                                                                                                             may provide citations to such data or
                                                                                                       document. Comments may be filed
                                               Transition From TTY to Real-Time Text                                                                         arguments in his or her prior comments,
                                                                                                       using the Commission’s ECFS. See
                                               Technology                                                                                                    memoranda, or other filings (specifying
                                                                                                       Electronic Filing of Documents in
                                                                                                                                                             the relevant page and/or paragraph
                                               AGENCY:  Federal Communications                         Rulemaking Proceedings, 63 FR 24121                   numbers where such data or arguments
                                               Commission.                                             (1998).                                               can be found) in lieu of summarizing
                                                                                                         • All hand-delivered or messenger-
                                               ACTION: Proposed rule.                                                                                        them in the memorandum. Documents
                                                                                                       delivered paper filings for the                       shown or given to Commission staff
                                               SUMMARY:    In this document, the                       Commission’s Secretary must be                        during ex parte meetings are deemed to
                                               Commission proposes amendments to                       delivered to FCC Headquarters at 445                  be written ex parte presentations and
                                               its rules to facilitate a transition from               12th Street SW., Room TW–A325,                        must be filed consistent with 47 CFR
                                               outdated text telephone (TTY)                           Washington, DC 20554. All hand                        1.1206(b). In proceedings governed by
                                               technology to a reliable and                            deliveries must be held together with                 47 CFR 1.49(f) or for which the
                                               interoperable means of providing real-                  rubber bands or fasteners. Any                        Commission has made available a
                                               time text (RTT) communication for                       envelopes must be disposed of before                  method of electronic filing, written ex
                                               people who are deaf, hard of hearing,                   entering the building.                                parte presentations and memoranda
                                               speech disabled, and deaf-blind over                      • Commercial Mail sent by overnight                 summarizing oral ex parte
                                               Internet Protocol (IP) enabled networks                 mail (other than U.S. Postal Service                  presentations, and all attachments
                                               and services.                                           Express Mail and Priority Mail) must be               thereto, must be filed through the
                                                                                                       sent to 9300 East Hampton Drive,                      electronic comment filing system
                                               DATES: Comments are due July 11, 2016
                                                                                                       Capitol Heights, MD 20743.                            available for that proceeding, and must
                                               and Reply Comments are due July 25,                       • U.S. Postal Service first-class,
                                               2016.                                                                                                         be filed in their native format (e.g., .doc,
                                                                                                       Express, and Priority mail should be                  .xml, .ppt, searchable .pdf). Participants
                                               ADDRESSES:    You may submit comments,                  addressed to 445 12th Street SW.,                     in this proceeding should familiarize
                                               identified by CG Docket No. 16–145, by                  Washington, DC 20554.                                 themselves with the Commission’s ex
                                               any of the following methods:                             This is a summary of the                            parte rules. To request materials in
                                                  • Electronic Filers: Comments may be                 Commission’s document FCC 16–53,                      accessible formats for people with
                                               filed electronically using the Internet by              Transition from TTY to Real-Time Text                 disabilities (Braille, large print,
                                               accessing the Commission’s Electronic                   Technology, Notice of Proposed                        electronic files, audio format), send an
                                               Comment Filing System (ECFS), through                   Rulemaking, adopted April 28, 2016,                   email to fcc504@fcc.gov or call the
                                               the Commission’s Web site http://                       and released April 29, 2016, in CG                    Consumer and Governmental Affairs
                                               apps.fcc.gov/ecfs//. Filers should follow               Docket No. 16–145 and GN Docket No.                   Bureau at 202–418–0530 (voice), 202–
                                               the instructions provided on the Web                    15–178. The full text of document FCC                 418–0432 (TTY).
                                               site for submitting comments. For ECFS                  16–53 will be available for public
                                               filers, in completing the transmittal                   inspection and copying via ECFS, and                  Initial Paperwork Reduction Act of
                                               screen, filers should include their full                during regular business hours at the                  1995 Analysis
                                               name, U.S. Postal service mailing                       FCC Reference Information Center,                       Document FCC 16–53 seeks comment
                                               address, and CG Docket No. 16–145.                      Portals II, 445 12th Street SW., Room                 on proposed rule amendments that may
                                                  • Paper Filers: Parties who choose to                CY–A257, Washington, DC 20554.                        result in modified information
                                               file by paper must file an original and                 Document FCC 16–53 can also be                        collection requirements. If the
                                               one copy of each filing. Filings can be                 downloaded in Word or Portable                        Commission adopts any modified
                                               sent by hand or messenger delivery, by                  Document Format (PDF) at: https://                    information collection requirements, the
Lhorne on DSK30JT082PROD with PROPOSALS




                                               commercial overnight courier, or by                     www.fcc.gov/general/disability-rights-                Commission will publish another notice
                                               first-class or overnight U.S. Postal                    office-headlines. This proceeding shall               in the Federal Register inviting the
                                               Service mail (although the Commission                   be treated as a ‘‘permit-but-disclose’’               public to comment on the requirements,
                                               continues to experience delays in                       proceeding in accordance with the                     as required by the Paperwork Reduction
                                               receiving U.S. Postal Service mail). All                Commission’s ex parte rules. 47 CFR                   Act. Public Law 104–13; 44 U.S.C.
                                               filings must be addressed to the                        1.1200 et seq. Persons making ex parte                3501–3520. In addition, pursuant to the
                                               Commission’s Secretary, Office of the                   presentations must file a copy of any                 Small Business Paperwork Relief Act of


                                          VerDate Sep<11>2014   14:52 May 24, 2016   Jkt 238001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\25MYP1.SGM   25MYP1


                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                             33171

                                               2002, the Commission seeks comment                         • RTT communications must be                       hearing, and speech disabled to use the
                                               on how it might further reduce the                      backward compatible with TTY                          legacy Public Switched Telephone
                                               information collection burden for small                 technology, until the Commission                      Network (PSTN). The record shows the
                                               business concerns with fewer than 25                    determines that such compatibility is no              significant challenges that TTY
                                               employees. Public Law 107–198; 44                       longer necessary; and                                 technology presents on IP-based
                                               U.S.C. 3506(c)(4).                                         • Wireless services and equipment                  communication networks and platforms,
                                                                                                       capable of sending, receiving and                     including its susceptibility to packet
                                               Synopsis                                                displaying text must support specific                 loss, compression techniques that
                                               Introduction                                            RTT functions, features, and capabilities             distort TTY tones, and echo or other
                                                                                                       necessary to ensure that people with                  noises that result from the transmission
                                                  1. In document FCC 16–53, the                        disabilities have accessible and effective            of the Baudot character string. These
                                               Commission proposes amendments to                       text-based communications service.                    deficiencies can degrade quality,
                                               its rules to facilitate a transition from                  • The Commission proposes                          augment error rates, and hurt the
                                               outdated text telephone (TTY)                           establishing timelines for                            reliability of telephone
                                               technology to a reliable and                            implementation of RTT as follows:                     communications. When these
                                               interoperable means of providing real-                     • For Tier I wireless service                      shortcomings occur, synchronization of
                                               time text (RTT) communication for                       providers, and manufacturers that                     the conversation also can be impeded,
                                               people who are deaf, hard of hearing,                   provide devices for such services,                    and the transmission can become
                                               speech disabled, and deaf-blind over                    implementation of RTT would be                        garbled until it is restored. For TTY
                                               Internet Protocol (IP) enabled networks                 required by December 31, 2017.                        users, this not only is frustrating, but
                                               and services. RTT is a mode of                             • For non-Tier I wireless providers,               also can present a dangerous situation
                                               communication that permits text to be                   and manufacturers of equipment used                   in an emergency, when effective
                                               sent immediately as it is being created.                with such services, the Commission                    communication is critical. TTYs are also
                                               As a technology designed for today’s IP                 seeks comment on an appropriate                       criticized for their slow transmission
                                               environment, and one that allows the                    timeline for implementation of RTT.                   speed, their dependency on turn-taking,
                                               use of off-the-shelf rather than                           • Finally, the Commission seeks                    their use of significant network
                                               specialized end user devices, RTT can,                  comment on whether to amend its rules                 bandwidth, their lack of interoperability
                                               for the first time in our nation’s history,             to place comparable responsibilities to               with dedicated text devices used in
                                               enable people with disabilities who rely                support RTT on providers and                          other countries, and their limited
                                               on text to use text-based                               manufacturers of wireline IP services                 character set, the latter of which can
                                               communications services that are fully                  and equipment that enable consumers to                make communicating certain
                                               integrated with mainstream                              initiate and receive communications by                information, such as email and web
                                               communications services and devices                     voice.                                                addresses, difficult or impossible.
                                               used by the general public. In addition,                   3. The Commission believes that the                   6. The record shows that these
                                               RTT’s advanced features, including its                  above proposals for the migration from                technical and functional limitations of
                                               speed, full character set, reliability, and             TTY to RTT technology will ensure that                TTY technology have resulted in a
                                               ease of use, can significantly improve                  people with disabilities can fully utilize            steady decline in its use in favor of
                                               access to emergency services for people                 and benefit from twenty-first century                 other forms of text communication that
                                               with disabilities and help reduce                       communications technologies as our                    offer greater ease of use, improved
                                               reliance on telecommunications relay                    nation migrates from legacy analog                    features, and practicability. This trend is
                                               services.                                               systems to IP-based networks and                      also revealed in a survey of the
                                                  2. In order to facilitate an effective               services. The Commission seeks                        participants in field trials conducted to
                                               and seamless transition to RTT, the                     comment on the tentative conclusions,                 assess the user experience of the quality
                                               Commission proposes to amend its rules                  proposals, and analyses put forth in                  and interoperability of RTT and
                                               as follows:                                             document FCC 16–53, as well as on any                 alternatives. Reports by the Interstate
                                                  • The Commission proposes to                         alternative approaches.                               Telecommunications Relay Services
                                               replace its rules governing the                                                                               (TRS) Fund Administrator, Rolka Loube,
                                                                                                       Background                                            confirm decreasing reliance on TTYs;
                                               obligations of wireless service providers
                                                                                                         4. The Commission has adopted                       over the past 71⁄2 years, its monthly
                                               and equipment manufacturers to
                                                                                                       specific rules requiring support for TTY              filings show a drop of nearly 80 percent
                                               support TTY technology with rules
                                                                                                       technology by providers and                           in the number of minutes attributed to
                                               defining the obligations of these entities
                                                                                                       manufacturers of telecommunications                   TTY-initiated relay calls. Rolka Loube,
                                               to support RTT over IP-based wireless
                                                                                                       and advanced communications services                  TRS Fund Performance Status Report,
                                               voice services.
                                                                                                       and devices. See 47 CFR 6.5, 7.5, 14.20,              http://www.rolkaloube.com/
                                                  • The Commission proposes that, for                  14.21, 20.18(c), 64.601(a)(1), (b), 64.603,           #!formsreport/c1zvl. TTYs are hardly
                                               wireless service providers’ and                         64.604(a)(3)(v), (c)(5)(iii). On June 12,             ever used with wireless services.
                                               equipment manufacturers’ support of                     2015, AT&T filed a petition requesting                Instead, consumers have opted for
                                               RTT to be deemed sufficient for                         that the Commission initiate a                        applications that are native to the IP
                                               compliance with the Commission’s                        rulemaking proceeding to authorize the                environment, such as short messaging
                                               rules:                                                  substitution of RTT for TTY technology,               services (SMS), instant messaging,
                                                  • RTT communications must be                         as an accessibility solution for use with             email, IP Relay Service, and various
                                               interoperable across networks and
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                                                                                                       IP-based voice communications                         social media applications.
                                               devices, and this may achieved through                  networks and services.                                   7. Support for Commission action
                                               adherence to Internet Engineering Task                                                                        comes from the industry, the
                                               Force (IETF) Request for Comments                       Limitations of TTY Technology and the                 consumers, and the Commission’s
                                               4103, Real-time Transport Protocol                      Need for a Rulemaking                                 federal advisory bodies that have
                                               Payload for Text Conversation (2005)                      5. TTY technology was developed                     addressed this matter over the past
                                               (RFC 4103), as a ‘‘safe harbor’’ standard               more than fifty years ago as a means of               several years. Most recently, in October
                                               for RTT;                                                enabling people who are deaf, hard of                 2015 and February 2016, the


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                                               33172                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               Commission’s Disability Advisory                        on this approach. To this end, the                    equipment subject to parts 6 and 7 of
                                               Committee (DAC) submitted two sets of                   Commission proposes the following                     the rules, and ‘‘unless not achievable’’
                                               recommendations that support the                        revisions to its rules:                               for equipment subject to part 14 of the
                                               Commission’s exploration into the use                      • Amend § 20.18(c) to require                      rules.
                                               of RTT or other text-based solutions as                 wireless IP-based voice service                          12. Manufacturers. For manufacturers
                                               a replacement for TTY technology. Prior                 providers to be capable of transmitting               of wireless handsets or other wireless
                                               to this, in March 2013, the                             911 calls from individuals who are deaf,              text-capable end user devices used with
                                               Commission’s Emergency Access                           hard of hearing, deaf-blind, or speech                IP-based voice services, the Commission
                                               Advisory Committee (EAAC)                               disabled through RTT technology, in                   proposes to amend parts 6, 7, and 14 to
                                               recommended replacing TTY support                       lieu of transmitting 911 calls from TTYs              require such manufacturers to:
                                               requirements with requirements for                      over IP networks;                                        • Ensure that their devices have the
                                               direct access to 911 services via IP-                      • Amend part 64 to require wireless                ability to send, receive, and display
                                               based text communications that include                  interconnected voice-over-IP (VoIP)                   RTT, if readily achievable for equipment
                                               real-time text.                                         service providers to support TRS access               subject to parts 6 and 7 of the rules, and
                                                                                                       through RTT technology, including 711                 unless not achievable for equipment
                                               Proposals for RTT Implementation                        abbreviated dialing access, in lieu of                subject to part 14.
                                                  8. The Commission proposes to                        supporting TRS access via TTY                            • If it is not readily achievable (under
                                               amend its rules to replace the rules                    technology;                                           parts 6 and 7) or achievable (under part
                                               governing the obligations of wireless                      • Amend parts 6 and 7 to require                   14) to incorporate RTT capability within
                                               providers and manufacturers to support                  providers of wireless interconnected                  such devices, ensure that such devices
                                               TTY technology with rules defining the                  VoIP services subject to these rules to               are compatible with RTT-equipped
                                               obligations of these entities to support                provide and support RTT, if readily                   stand-alone devices or software
                                               RTT over IP-based wireless voice                        achievable, in lieu of providing                      applications, if readily achievable for
                                               services. The Commission tentatively                    connectability and compatibility with                 equipment subject to parts 6 and 7 of
                                               concludes that the technical and                        TTYs; and                                             the rules, and unless not achievable for
                                               functional limitations of TTYs make this                   • Amend part 14 to require providers               equipment subject to part 14 of the
                                               technology unsuitable as a long-term                    of wireless VoIP services subject to                  rules.
                                                                                                       these rules to provide and support RTT,                  13. The Commission’s proposal to
                                               means to provide full and effective
                                                                                                       unless this requirement is not                        create an affirmative requirement for
                                               access to IP-based wireless telephone
                                                                                                       achievable, in lieu of providing                      RTT support is consistent with past
                                               networks, and that there is a need to
                                                                                                       connectability and compatibility with                 Commission actions and Congressional
                                               provide individuals who rely on text
                                                                                                       TTYs.                                                 mandates to ensure that, as
                                               communication with a superior
                                                                                                                                                             communications networks evolve to
                                               accessibility solution for the IP                       End User Device Support for RTT                       incorporate new technologies,
                                               environment. The Commission further
                                                                                                          10. The Commission believes that the               accessibility safeguards be amended to
                                               tentatively concludes that RTT can best
                                                                                                       availability of RTT-capable end user                  ensure that people with disabilities
                                               achieve this goal because it can be well                                                                      continue to have effective access to
                                                                                                       devices for users is essential in order to
                                               supported in the wireless IP                                                                                  communications. The purpose of
                                                                                                       facilitate the use of RTT for emergency
                                               environment, will facilitate emergency                                                                        section 716, added to the
                                                                                                       purposes, fully integrate RTT capability
                                               communications to 911 services, allows                                                                        Communications Act of 1934, as
                                                                                                       into the IP environment, and ensure that
                                               for more natural and simultaneous                                                                             amended (Act), by the Twenty-First
                                                                                                       RTT users have the same range of device
                                               interactions on telephone calls, will                                                                         Century Communications and Video
                                                                                                       choices offered to the general public for
                                               largely eliminate the need to purchase                                                                        Accessibility Act of 2010 (CVAA),
                                                                                                       voice communications. To this end, the
                                               specialized or assistive devices that                                                                         Public Law 111–260, 124 Stat. 2751
                                                                                                       Commission further proposes to amend
                                               connect to mainstream technology, and                                                                         (October 8, 2010), is to ensure that
                                                                                                       its rules in the following manner to
                                               may reduce reliance on                                                                                        ‘‘advanced communications services’’
                                                                                                       address the ability of wireless devices
                                               telecommunications relay services.                                                                            (ACS) that incorporate new technologies
                                                                                                       used by consumers to support RTT.
                                               RTT Support by Wireless Providers and                      11. Wireless service providers. For                are accessible to individuals with
                                               Manufacturers                                           providers of IP-based voice services, the             disabilities. 47 U.S.C. 617(a)(1)
                                                                                                       Commission proposes to:                               (emphasis added). As explained by the
                                               Transmission of RTT Over IP-Based
                                                                                                          • Amend § 20.18(c), which requires                 Senate committee report on the CVAA,
                                               Wireless Services                                                                                             the CVAA’s purpose is ‘‘to update the
                                                                                                       the transmission of 911 calls from TTYs,
                                                  9. To achieve an effective and timely                and parts 6, 7, and 14 to require that, to            communications laws’’ to ensure
                                               transition to RTT, the Commission                       the extent a wireless provider issues                 accessibility, because, since the
                                               proposes to require RTT support at a                    design specifications, purchases for                  previous update in 1996 (when section
                                               specified time in the future, but also                  resale to users, or otherwise authorizes              255 of the Act was added), ‘‘[i]nternet-
                                               seeks comment on the extent to which                    new handsets or other text-capable end                based and digital technologies are now
                                               there should be an interim period                       user devices for use with its IP-based                pervasive . . . [and] the extraordinary
                                               preceding such deadline, during which                   voice services, the provider shall ensure             benefits of these technological advances
                                               covered entities would be allowed to                    that such devices have the ability to                 are sometimes not accessible to
                                               provide either RTT or TTY support on                    send, receive and display RTT.                        individuals with disabilities.’’ S. Rep.
                                               IP-based wireless services. The                            • If it is not readily achievable (under           No. 111–386 at 1–2 (2010). Thus, for
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                                               Commission believes that establishing                   parts 6 and 7) or achievable (under part              example, section 716(d) of the Act
                                               an RTT requirement is necessary to                      14) to incorporate RTT capability within              expressly prohibits ACS providers from
                                               ensure that people with disabilities                    such wireless devices, the wireless                   ‘‘install[ing] network features, functions
                                               continue to have effective access to                    provider shall ensure that such devices               or capabilities that impede accessibility
                                               wireless communications services as                     are compatible with RTT-equipped                      or usability.’’ 47 U.S.C. 617(d). By
                                               these services make the transition to an                stand-alone devices or software                       requiring wireless providers and
                                               all-IP environment, and seeks comment                   applications, ‘‘if readily achievable’’ for           manufacturers, as they deploy IP-based


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                           33173

                                               voice services, equipment, and                          which to do so. With the action taken                 outcome of the issues raised for
                                               networks, to implement RTT as a state-                  today, the Commission expects that                    comment in this section regarding the
                                               of-the-art accessibility technology, the                covered entities will have the necessary              scope of an equipment capabilities
                                               Commission will ensure not only that                    incentives to invest and innovate to                  requirement.
                                               such networks do not impede                             improve products employing RTT
                                                                                                                                                             Timelines
                                               accessibility, but that the benefits of                 functionalities, promoting more
                                               technological advances are accessible to                effective access to 911 services and                     18. Larger wireless carriers. The
                                               individuals with disabilities as Congress               other communications for individuals                  Commission seeks comment on when its
                                               intended.                                               with disabilities.                                    rules requiring implementation of RTT
                                                  14. The Commission’s proposals are                      16. The Commission seeks comment                   should become effective. The
                                               also intended to avoid repetition of past               on its tentative conclusions, proposals,              Commission proposes that this be
                                               failures to build in accessibility at the               and analysis, including the costs and                 completed by Tier I wireless service
                                               outset of technological changes, which                  technical feasibility of the proposed rule            providers, which offer nationwide
                                               led to long delays in providing access to               amendments, and on any proposed                       service, no later than December 31,
                                               new communications technologies for                     alternatives. The Commission notes that               2017. See 47 CFR 20.19(a)(3)(v) for a
                                               people with disabilities. For example, in               in its text-to-911 proceeding, it                     definition of Tier I providers. The
                                               the mid-1990s, despite the public safety                determined that significant benefits                  Commission seeks comment on whether
                                               dangers of leaving people with                          could be attained by enabling people                  the proposed date will afford sufficient
                                               disabilities behind as the wireless                     with disabilities to use text to access               time for this category of providers to
                                               industry made its transition from analog                emergency services by phone. The                      achieve compliance with the rules
                                               to digital technology, repeated delays                  Commission has recognized that as our                 proposed in document FCC 16–53.
                                               resulted in the lack of access to digital               nation ages, the number of Americans                  Alternatively, the Commission seeks
                                               wireless services by TTY users for over                 who may need alternatives to voice                    comment on whether it would be
                                               six years, well past the rise in                        telephone communications is likely to                 preferable to establish a specified
                                               popularity of digital technology with the               increase. The Commission believes that                interim period of time—prior to the
                                               general public. Similarly, it was not                   establishing a requirement to ensure                  deadline set for an RTT requirement—
                                               until 2005 that digital handsets began                  that RTT is incorporated in wireless IP-              during which Tier I covered entities
                                               integrating hearing aid compatibility,                  based services and devices as these are               would be allowed to support RTT over
                                               again despite the introduction of these                 designed and developed will reduce the                their IP facilities if they are unable to
                                               handsets in the mid-1990s. Each of                      overall costs of incorporating this access            support TTYs. The Commission asks
                                               these delays imposed considerable                       feature, while ensuring that people with              parties that believe such interim period
                                               hardships on people with disabilities,                  disabilities are not left behind in the               is necessary to explain whether and
                                               who remained without digital wireless                   transition to new technology. The                     how such period would be needed to
                                               access—and without emergency access                     Commission seeks comment on whether                   afford additional flexibility during the
                                               via wireless networks—for lengthy                       these assumptions are correct and                     transition to RTT technology. The
                                               periods of time after these technologies                generally on the benefits to be derived               Commission further asks commenters
                                               became available to everyone else.                      from incorporating RTT functionalities                who disagree with the Commission’s
                                               Additionally, industry efforts that were                into wireless services and end user                   proposed deadline of December 31,
                                               needed to eventually achieve such                       devices, including the benefits that may              2017, for Tier I carriers to explain why
                                               access—which took place very late in                    accrue for improving access to 911                    additional time would be needed to
                                               the design and development process of                   services.                                             achieve deployment of RTT.
                                               building of such phones—proved more                        17. In a joint filing, three technology               19. Smaller wireless carriers. The
                                               costly and burdensome than would                        research centers, the Rehabilitation                  Commission proposes that smaller
                                               likely have been the case had                           Engineering Research Center on                        wireless carriers, to be defined as those
                                               accessibility been incorporated from the                Telecommunications Access, Trace                      that do not fall into Tier I, be given an
                                               outset.                                                 Research & Development Center at the                  additional period of time to achieve
                                                  15. The Commission has noted that                    University of Wisconsin-Madison, and                  compliance with the proposed RTT
                                               communication networks are rapidly                      the Gallaudet University Technology                   support requirements beyond the
                                               transitioning away from the historic                    Access Program (Technology Research                   deployment date proposed for the
                                               provision of time-division multiplexed                  Centers), contend that the                            larger, Tier I carriers. The Commission
                                               (TDM) services running on copper to                     implementation of RTT would not add                   seeks comment on what would be an
                                               new, all-IP multimedia networks using                   any hardware costs to support RTT, if                 appropriate extension of time, as well as
                                               copper, co-axial cable, wireless, and                   limited to products used for receiving                whether the Commission should
                                               fiber as physical infrastructure. As these              and displaying RTT that already have a                distinguish between Tier II (non-
                                               changes take place, the Commission                      display large enough to display multiple              nationwide mid-sized commercial
                                               seeks to ensure that its accessibility                  lines of text (or software designed to run            mobile radio service (CMRS) providers
                                               rules for IP-based voice networks                       on a multi-line display) and a                        with greater than 500,000 subscribers)
                                               achieve the early integration of                        mechanism for generating text for other               and Tier III carriers (non-nationwide
                                               accessibility features, so that people                  purposes. They and others point out                   small CMRS providers with no more
                                               with disabilities can enjoy                             that many Internet-enabled terminal                   than 500,000 subscribers) in
                                               communications services as they                         devices, including smartphones, tablets,              determining appropriate benchmarks for
                                               emerge, along with the general                          and VoIP desk phones, already have                    these providers. Alternatively, the
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                                               population. The Commission believes                     such text generation and display                      Commission seeks comment on whether
                                               that amending its rules to require                      capabilities. Costs also appear to be                 it would be more appropriate to tie the
                                               support of RTT at this time is likely to                minimized if incorporated in the                      obligations of these carriers to the
                                               create greater certainty for companies                  beginning of the design process. The                  timing of their transition to IP-based
                                               that have expressed an interest in                      Commission seeks comment on the                       wireless technologies, such as IMS/
                                               deploying RTT, and provide a                            merits of these assumptions, and on                   VoLTE or 4G services. Finally, to what
                                               supportive regulatory landscape in                      how they would be affected by the                     extent would it be appropriate to


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                                               33174                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               establish an interim transitional period,               should be required to pre-install such                the-shelf devices, including
                                               akin to what is discussed above for Tier                applications on devices before they are               smartphones, tablets, computers and
                                               I carriers, during which such smaller                   sold to the public. Specifically, the                 other Internet-enabled devices that have
                                               carriers would be allowed, but not                      Commission proposes that the use of an                the ability to send, receive, and display
                                               required, to support RTT in lieu of TTY                 over-the-top application as an interim                text. These parties point out that this
                                               technology?                                             solution, such as that which AT&T is                  can eliminate the high costs and other
                                                  20. End user devices. The                            achieving, will be sufficient to                      challenges involved in finding,
                                               Commission proposes that the timeline                   constitute compliance with the RTT                    purchasing, and making effective use of
                                               established for RTT support over IP-                    requirement by December 31, 2017, and                 assistive devices such as TTYs. The
                                               based wireless services apply as well to                seeks comment on this tentative                       Commission tentatively concludes that
                                               handsets and other text-capable end                     conclusion. At the same time, the                     the ability to acquire off-the-shelf RTT-
                                               user devices for use with such services,                Commission asks to what extent the                    capable devices will be beneficial for
                                               and thus proposes that any such                         Commission should be concerned that                   text communication users, and seeks
                                               handsets or devices sold after December                 the many advantages of RTT as a                       comment on this tentative conclusion.
                                               31, 2017, have RTT capability, and                      universal text solution will not be                      25. Substitution for
                                               seeks comment on this proposal.                         achieved until RTT is incorporated as a               Telecommunications Relay Services.
                                               Making this requirement effective at the                native function in end user devices, or               Section 225 of the Act directs the
                                               same time that wireless services are                    at a minimum, pre-installed by the                    Commission to ensure that TRS is
                                               required to become RTT-capable would                    manufacturer or service provider as a                 available ‘‘in the most efficient
                                               ensure that sufficient handsets are                     ‘‘default’’ application. The Commission               manner.’’ 47 U.S.C. 225(b)(1). The
                                               available for people with disabilities to               seeks comment on whether this concern                 record suggests that, because RTT will
                                               have access to text communications in                   should guide its final rules, and further             provide greater opportunities for direct,
                                               real time after the existing orders                     seeks comment on what functionalities                 point-to-point text communication and
                                               waiving service provider requirements                   of RTT, and what associated benefits of               can enable text to be intermixed with
                                               for TTY support expire. Will the                        RTT, if any, would be unavailable if it               voice, it can reduce reliance on relay
                                               proposed December 2017 deadline for                     is initially implemented as an over-the-              services and thereby provide consumers
                                               the Tier I service providers allow                      top application rather than as native                 with greater privacy and independence,
                                               sufficient time to incorporate RTT                      functionality. With this in mind, the                 while reducing overall costs for
                                               capability in end user devices? Is it                   Commission asks commenters to                         telecommunications users. For example,
                                               more appropriate for the deadline                       provide specific parameters for and                   one form of TRS, captioned telephone
                                               established for end user devices to                     factual showings justifying any                       relay service (CTS), currently uses
                                               apply to the date on which new devices                  timelines they propose for transitioning              communication assistants (CAs) to
                                               are manufactured, rather than first made                to native RTT functionality in covered                enable people who are hard of hearing
                                               available to the general public?                        devices.                                              to receive captions of conversation
                                                  21. In addition to requiring the                                                                           spoken by other parties to a telephone
                                               inclusion of RTT support on new                         Advantages of RTT                                     call. The Commission expects that RTT
                                               terminal devices, consistent with                          23. IP-Based Technology. There is                  users might not need these services if
                                               statutory requirements for                              general agreement among AT&T and                      they were able to receive RTT over VoIP
                                               telecommunications access and access                    those commenting on its petition that                 phones to supplement incoming voice
                                               to advanced communications services                     RTT is an effective alternative to TTY                conversations for difficult-to-understand
                                               and equipment, should there be a                        technology for the IP environment.                    words. Similarly, the Commission
                                               requirement to add RTT capability to                    Commenters concur that RTT is                         predicts that people with speech
                                               end user devices already in service at                  designed for today’s packet-switching                 disabilities who can type will be able to
                                               the compliance deadline, at ‘‘natural                   environment and offers an expanded                    use standard phones capable of
                                               opportunities,’’ previously defined by                  array of features to enable more robust               generating RTT to communicate with
                                               the Commission to occur upon the                        user conversations, including real-time               other persons who also have VoIP
                                               redesign of a product model or service,                 editing of text and full-duplex                       phones with displays. However, the
                                               new versions of software, upgrades to                   functionality (i.e., both parties can                 Commission notes that these results are
                                               existing features or functionalities,                   communicate simultaneously). Various                  likely to be achieved only to the extent
                                               significant rebundling or unbundling of                 commenters state that RTT allows for                  that RTT capabilities in end user
                                               product and service packages, or any                    the intermixing of speech with text, is               devices truly become ubiquitous—i.e.,
                                               other significant modification that may                 more spectrally efficient than TTY, will              are enabled by default in all or most
                                               require redesign? Further, to the extent                be superior to TTY in every way—                      wireless (and eventually wireline)
                                               that it is not achievable under section                 transmission speed, latency, reliability,             terminal equipment. To the extent that
                                               716 of the Act or readily achievable                    features, privacy, conversation form,                 RTT is ‘‘supported’’ but not fully
                                               under section 255 of the Act to make an                 and ease of use—will facilitate the                   incorporated as a native or default
                                               end user device accessible through RTT,                 transition to end-to-end Next Generation              function of devices—and is merely
                                               by what date should such device be                      911 (NG911), and will meet the needs of               available for users to download or
                                               made compatible with a stand-alone                      legacy TTY users during the transition.               install—commenters suggest that the
                                               RTT device or app to the extent that                    The Commission tentatively concludes                  universal reach of text as a substitute for
                                               these become available?                                 that deployment of RTT on IP networks                 relay services will be less likely to be
                                                  22. The Commission also seeks                        will offer functionality greatly superior
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                                                                                                                                                             achieved, because many individuals
                                               comment on the period of time, if any,                  to that of TTY technology, and it seeks               who do not rely on text may not install
                                               that over-the-top applications or plug-                 comment on this tentative conclusion.                 this extra functionality. The
                                               ins for RTT should be permitted as an                      24. Off-the-Shelf Devices.                         Commission seeks comment on whether
                                               interim measure to achieve RTT on end                   Commenters also state that RTT will                   these assumptions are correct.
                                               user devices, and if permitted as over-                 allow consumers with disabilities to                     26. Improvement of
                                               the-top applications, whether                           make calls using the built-in                         Telecommunications Relay Services. In
                                               manufacturers and service providers                     functionality of a wide selection of off-             addition to substituting for TRS in some


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                            33175

                                               circumstances, the Commission believes                  question if there is no immediate visible             How would the deployment of RTT or
                                               that RTT can be used to enhance the                     response from the 9–1–1 call-taker. This              other text-based solutions impact the
                                               ability of TRS to provide functionally                  can lead to confusion, crossed answers,               transition to NG911? The Commission
                                               equivalent telephone service. For                       and error.’’ In contrast, these groups                asks commenters to address concerns
                                               example, it would appear that for text-                 explain, RTT enables ‘‘emergency call-                about the costs, benefits, and feasibility
                                               based forms of TRS, RTT can improve                     takers [to] view the message as it is                 of using RTT for accessing 911 services,
                                               the speed and reliability of                            being typed and respond, refer,                       and seeks comment on the technical and
                                               communications in an IP environment.                    interrupt, or guide the information being             operational impact on Public Safety
                                               The Technology Research Centers                         sent to speed up communication and                    Answering Points (PSAPs) receiving
                                               further note that individuals may be                    make it more helpful to emergency                     RTT-based 911 calls.
                                               able to use RTT to supplement                           responders.’’ In this manner, they say,
                                                                                                                                                             Minimum Functionalities of RTT
                                               communications in sign language with                    RTT ‘‘allows for the efficient exchange
                                               text during video relay service (VRS)                   of information and a continued sense of                  31. The DAC recommends that the
                                               calls, reducing the time needed for CAs                 contact,’’ as well as the delivery of even            Commission ‘‘consider how
                                               to convey detailed information, such as                 incomplete messages, which can result                 telecommunication and advanced
                                               addresses and URLs. The Commission                      in potentially saving lives in an                     communications services and
                                               seeks comment on these assertions and                   emergency.                                            equipment that support RTT [can]
                                               whether there are other ways that RTT                     29. The Commission recognizes that,                 provide the users of RTT (either in
                                               can improve the provision of TRS for its                two years ago, it adopted rules that                  isolation or in conjunction with other
                                               users.                                                  could be met through the provision of                 media) with access to the same
                                                  27. Advantages Over Messaging-Type                   SMS-based text-to-911 service. The                    telecommunication and advanced
                                               Services. Text-based accessibility                      Commission’s goal in doing so was to                  communications functions and features
                                               solutions include RTT, SMS, instant                     ensure that, in the near term,                        that are provided to voice-based users of
                                               messaging and similar chat-type                         individuals have a direct and familiar                the services and equipment.’’ The
                                               functions, and email. With the                          means of contacting 911 via text through              Commission believes that this
                                               exception of RTT, each of these                         mass market communication devices                     formulation captures the objectives of
                                               technologies requires parties to                        that are already available to people with             sections 225, 255, and 716 of the Act,
                                               complete their messages and to press                    disabilities and other members of the                 which are to provide functionally
                                               ‘‘send,’’ ‘‘enter,’’ or a similar key to                general public. The Commission noted                  equivalent communications and to
                                               transmit the message to its recipient. By               that some commenters were less                        ensure that telecommunications and
                                               contrast, when a message is sent in real                supportive of SMS-to-911 because it                   ACS are fully accessible to and usable
                                               time, it is immediately conveyed to and                 does not support the ability to ‘‘send                by people with disabilities. The
                                               received by the call recipient as it is                 and receive text simultaneously with                  Commission proposes that, in amending
                                               being composed. Several commenters                      the time that it is typed without having              its rules to recognize IP-based text
                                               maintain that RTT is the only type of                   to press a ‘send’ key.’’ At the same time,            alternatives and facilitate the transition
                                               text communication that allows a                        the Commission recognized that many                   away from TTY technology, the
                                               natural flow of conversation akin to                    stakeholders would choose to text to                  Commission should consider the extent
                                               voice telephone calls, and therefore the                911 through an interim SMS-based                      to which RTT’s features, functions, and
                                               only form that meets the criterion of                   solution because of its ease of use for               capabilities can provide people with
                                               functional equivalency. Without the                     people with disabilities and ubiquity in              disabilities with telephone service that
                                               turn-taking and delays characteristic of                mainstream society. It went on to note                is as accessible, usable, and otherwise as
                                               messaging-type communications, these                    that RTT ‘‘provides an instantaneous                  effective as voice-based services over IP
                                               parties state, RTT gives call recipients                exchange, character by character or                   networks. The Commission seeks
                                               ‘‘an opportunity to follow the thoughts                 word by word,’’ a feature that                        comment on this proposed approach.
                                               of the sender as they are formed into                   commenters to this proceeding say is                     32. The Commission tentatively
                                               words.’’ The Technology Research                        critical in an emergency. The record in               concludes, proposes, or seeks comment
                                               Centers note what they consider                         the instant proceeding continues to                   on the following basic functionalities
                                               additional drawbacks of these                           reflect major concerns by several                     that it believes are necessary for a
                                               alternatives: The delivery of messages                  commenters about using SMS as a long                  wireless provider’s implementation of
                                               over SMS is not guaranteed; instant                     term 911 accessibility solution. While                RTT to be considered compliant with
                                               messaging is not interoperable; and                     the Commission does not propose to                    the rules adopted by the Commission in
                                               certain features, such as conference                    make any changes to its existing text-to-             this proceeding. The Commission seeks
                                               calling, are not available via instant                  911 rules in this proceeding, it believes             comment on the extent to which each is
                                               messaging across multiple providers.                    that its proposals to facilitate the wider            necessary to achieve effective telephone
                                                  28. Access to 911 Emergency Services.                availability of RTT for people with                   access for individuals with disabilities,
                                               Perhaps the most compelling case to be                  disabilities could have a beneficial                  as well as its costs, other benefits, and
                                               made in favor of RTT over messaging-                    impact on the future evolution of text-               any technical or other challenges that
                                               type services is in the context of                      to-911.                                               may be associated with its provision.
                                               emergency calls to 911. Recent studies                    30. The Commission proposes that                    Finally, the Commission seeks comment
                                               reveal a preference for RTT in simulated                RTT will be more effective than                       on the extent to which each of these
                                               emergency situations by 100 percent of                  messaging-type services in meeting the                features will be enabled or facilitated
                                               participants. According to the                          communication needs of consumers
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                                                                                                                                                             through the use of RFC 4103. RFC 4103,
                                               Technology Research Centers, a                          with disabilities, including their                    http://www.ietf.org/rfc/rfc4103.txt.
                                               principal reason for preferring RTT over                emergency communication needs, and
                                               SMS is that the latter can result in                    seeks comment on this proposal. Are                   Interoperability
                                               ‘‘[c]rossed messages [that] can lead to                 there other text-based communication                     33. The Commission tentatively
                                               misunderstanding and loss of time. . . .                solutions that can meet the general                   concludes that people who rely on text
                                               In an emergency situation, a panicked                   communication needs of this population                to communicate can only achieve
                                               caller may ask a second or third                        as effectively as RTT, and if so, how?                effective RTT communications across


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                                               33176                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               multiple platforms and networks if the                  believes that, in the absence of                      with other providers. The Commission
                                               communication transmissions carried                     interoperability, multiple versions of                seeks comment on this tentative
                                               across, and the terminal equipment used                 RTT may need to be supported, not only                conclusion and analysis.
                                               with, those platforms and networks are                  by user devices, but also by TRS call                    37. To the extent that any commenter
                                               interoperable with one another. The                     centers and 911 PSAPs—a burden that                   believes that reference to a safe harbor
                                               Commission seeks comment on this                        could entail a prohibitive expense for                standard is unnecessary, the
                                               tentative conclusion. The Commission                    many such entities. The Commission                    Commission seeks comment on how it
                                               notes that there is consensus among                     seeks comment on this analysis.                       can otherwise ensure that RTT
                                               commenters on AT&T’s petition for                          35. RFC 4103 as a Safe Harbor RTT                  communications are interoperable, not
                                               rulemaking with respect to the need for                 Standard The Commission next                          just among different implementations of
                                               seamless interconnection of RTT                         considers how best to achieve RTT                     RTT, but also with legacy
                                               services across networks, service                       interoperability across communication                 interconnected TTY devices. Likewise,
                                               providers, and devices. Virtually all                   platforms, networks, and devices. Some                the Commission asks commenters who
                                               commenters agree with AT&T on the                       commenters maintain that having a                     support adoption of a mandatory
                                               importance of not locking users into a                  single standard will ensure that RTT is               technical standard to explain why a safe
                                               single network, service provider, or                    a valuable and universally usable                     harbor, combined with performance
                                               device, as well as the value of ensuring                communications medium and that it                     objectives, would be insufficient to
                                               that people with disabilities have the                  will be less expensive for carriers to                achieve effective and interoperable RTT
                                               same kinds of choices in a competitive                  develop and deploy a single,                          communications. Further, will a safe
                                               market as the population in general.                    interoperable RTT system now, than to                 harbor be sufficient to provide
                                               Some commenters note that if service                    each develop their own versions of RTT                incentives for manufacturers and
                                               providers were to adopt proprietary                     service and later try to reconfigure these            providers to invest in research and
                                               standards that do not interoperate, RTT                 to be interoperable. Various commenters               development of RTT functionalities?
                                               users might not be able to communicate                  point out that the lack of a common                      38. For the reasons discussed below,
                                               with other users in emergency                           standard sometimes has impeded the                    the Commission tentatively concludes
                                               situations.                                             interoperability of communications                    that RFC 4103 is the appropriate
                                                                                                       technologies needed by people with                    standard to which covered entities
                                                  34. Commission rules reflect a                                                                             should adhere as a safe harbor,
                                                                                                       disabilities, reporting that the lack of an
                                               longstanding commitment to policies                     international standard for TTY                        conformity with which should be
                                               favoring the openness of                                technology has prevented TTY users                    deemed to satisfy the Commission’s
                                               telecommunications services across                      from communicating by text in real-time               interoperability requirements and
                                               providers and devices, so that anyone                   with people living or visiting countries              certain of the Commission’s
                                               can make a voice call to anyone else,                   abroad, the lack of a common standard                 performance objectives for RTT
                                               regardless of the provider or device they               for instant messaging sometimes                       communications. The Commission
                                               are using. For example, the Commission                  prevents instant messaging users from                 seeks comment on this tentative
                                               has promulgated a series of rules to                    being able to contact each other across               conclusion. Use of RFC 4103 for RTT
                                               ensure the interconnection of terminal                  platforms, and the lack of a common                   communications is well supported by
                                               equipment to the telephone network.                     VRS standard has impeded full                         the record to date. First, RFC 4103 is a
                                               The Commission’s rules also prohibit                    interconnection for users of this service             non-proprietary, freely available
                                               telecommunications carriers and ACS                     since the early 2000s.                                standard that has been widely
                                               providers from installing network                          36. The Commission agrees with                     referenced by leading standards
                                               features, functions, or capabilities that               consumers and researchers that                        organizations. This standard, developed
                                               impede the accessibility or usability of                standards can be especially important to              by the IETF, has been adopted by the
                                               telecommunications and ACS services.                    ensuring interoperability of technologies             International Telecommunications
                                               Further, in the Emerging Wireline Order                 needed by people with disabilities, and               Union Telecommunication
                                               and Further Notice, the Commission                      that common technical specifications                  Standardization Sector, the European
                                               tentatively concluded that a carrier                    will allow connectivity to occur                      Telecommunications Standards
                                               seeking to discontinue an existing retail               seamlessly from one end of the call to                Institute, 3rd Generation Partnership
                                               communications service in order to                      the other without incurring obstacles                 Project, a partnership of seven
                                               transition to a newer technology must                   along the way. At the same time, the                  telecommunications standards
                                               demonstrate that the replacement                        Commission acknowledges the need for                  organizations (3GPP), and Groupe
                                               service offered by that carrier, or                     its rules to incorporate ‘‘key principles             Speciale Mobile Association.
                                               alternative services available from other               of flexibility and technology neutrality’’               39. Second, RFC 4103 is already being
                                               providers in the affected service area,                 as recommended by industry                            used or has been widely designated for
                                               provides voice and non-voice device                     commenters. The Commission                            implementation by numerous carriers
                                               and service interoperability—including                  tentatively concludes that a middle                   and other organizations, both domestic
                                               interoperability with third party                       ground between these two approaches                   and foreign. Domestically, both AT&T
                                               services—as much as or more than the                    can be achieved by referencing a                      and Verizon have specified RFC 4103 as
                                               interoperability provided by the service                technical standard as a safe harbor. The              the standard protocol to be
                                               to be retired. Technology Transitions,                  Commission believes that this approach                implemented in their IP-based wireless
                                               Report and Order, Order on                              will ensure RTT interoperability and                  networks as the successor to TTY
                                               Reconsideration, and Further Notice of                  product portability, while at the same                technology, the National Emergency
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                                               Proposed Rulemaking, published at 80                    time providing sufficient flexibility for             Number Association has specified RFC
                                               FR 63321, October 19, 2015 (Emerging                    covered entities adhering to different                4103 for interoperable use in IP-based
                                               Wireline Order and Further Notice). The                 internal RTT standards—so long as their               Next Generation emergency text
                                               Commission believes that preserving                     RTT support offers the same functions                 communications where Session
                                               interoperability is equally important in                and capabilities as the selected                      Initiation Protocol (SIP) technology is
                                               the transition from TTY to RTT                          standard, and is interoperable with the               used, and the Access Board has
                                               technology. The Commission further                      standard’s format where they connect                  proposed requiring RFC 4103 for federal


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                            33177

                                               procurements associated with the                        Centers point out that the path for                   Backward Compatibility With TTY
                                               transmission of SIP-based RTT to                        incorporating innovations into RTT can                Technology
                                               achieve compliance with section 508 of                  be the same as that used to update voice                 44. The DAC points out that while
                                               the Rehabilitation Act. In addition, RFC                standards and codecs, i.e., by phasing in             TTY usage continues to be in steady
                                               4103 is specified in the SIP Forum’s                    new formats and technologies while                    decline, some people who are deaf, hard
                                               interoperability profile for VRS                        continuing to support the existing                    of hearing, deaf-blind, or speech
                                               providers. Some commenters note that                    technology until its retirement. How can              disabled, including senior citizens and
                                               outside the United States, RFC 4103 has                 the Commission design its rules to allow              rural residents, continue to rely on
                                               been implemented in text or video relay                 these capabilities to continue evolving               TTYs. In order to ensure that TTY-
                                               services in France, the Netherlands,                    with technological advances and ensure                reliant consumers continue to have a
                                               Sweden, and Norway.                                     the flexibility requested by industry,                method of communicating during the
                                                  40. Third, according to commenters,                                                                        transition to RTT technology, the
                                                                                                       while not compromising the
                                               RFC 4103 has a number of features that                                                                        Commission proposes that, to comply
                                               make it particularly suitable for RTT.                  effectiveness of this technology for
                                                                                                       people with disabilities?                             with the rules adopted in this
                                               According to the Technology Research
                                                                                                                                                             proceeding, wireless service providers
                                               Centers, RFC 4103 eliminates the need                      43. The Commission believes that it
                                                                                                                                                             must ensure that their RTT technology
                                               to transcode at the borders of a network,               has sufficient authority to adopt RFC
                                                                                                                                                             is interoperable with TTY technology.
                                               permits a wide range of hardware,                       4103 as a safe harbor. Section 716 of the
                                                                                                                                                             The Commission seeks comment on this
                                               supports the international character set                Act explicitly allows the Commission to
                                                                                                                                                             proposal. Among other things, with this
                                               (Unicode), has built-in redundancy, is                  ‘‘adopt technical standards as a safe                 requirement, the Commission believes it
                                               bandwidth efficient, is based on the                    harbor for such compliance if necessary               will remain possible for consumers to
                                               same transmission protocol (RTP) as                     to facilitate the manufacturers’ and                  use their TTYs to communicate with a
                                               audio and video, and is supported by                    service providers’ compliance with
                                               existing open source and commercial                                                                           TRS call center that is set up to receive
                                                                                                       section [716](a) through (c) of the Act.’’            RTT calls and for consumers who use
                                               codecs. The Commission seeks                            47 U.S.C. 617(e)(1)(D). Additionally,
                                               comment on the value of each of these                                                                         RTT technology to communicate with a
                                                                                                       section 106 of the CVAA expressly                     TRS call center that is set up to provide
                                               features and the extent to which they                   authorizes the Commission ‘‘to
                                               can contribute to making RFC 4103 a                                                                           traditional TTY-based TRS. The
                                                                                                       promulgate regulations to implement                   Commission seeks confirmation on
                                               feasible and flexible means of achieving                the recommendations proposed by the
                                               RTT interoperability and functionality.                                                                       whether it is feasible to use gateways
                                                                                                       EAAC, as well as any other regulations,               and RFC 4103 to achieve backward
                                               The Commission also seeks comment on
                                                                                                       technical standards, protocols, and                   compatibility, as proposed by the
                                               which of the user functionalities
                                               necessary to an effective                               procedures as are necessary to achieve                Technology Research Centers, and if
                                               communications system, in addition to                   reliable, interoperable communication                 not, how transcoding between RTT
                                               interoperability, can be made possible                  that ensures access by individuals with               packets used with IP-based services and
                                               with adherence to RFC 4103. Further, to                 disabilities to an Internet protocol-                 TTY Baudot tones can be achieved, in
                                               what extent can other RTT standards                     enabled emergency network, where                      accordance with the accuracy criteria
                                               ‘‘coexist’’ with RFC 4103 in networks,                  achievable and technically feasible.’’ 47             the Commission proposes for RTT. Is it
                                               technologies, and terminal equipment                    U.S.C. 615c(g) (emphasis added). The                  correct that such interoperability can be
                                               on which RTT is being used, to allow                    Commission seeks comment on this                      achieved without added costs to TTY
                                               RTT to provide a universally accessible                 analysis. Further, the Commission asks                users and PSAPs as suggested by AT&T?
                                               communications environment for                          commenters who support a mandatory                    The Commission asks commenters to
                                               people who are deaf, hard of hearing,                   standard to provide legal authority for               discuss the costs, benefits, and technical
                                               speech disabled, or deaf-blind?                         their proposal. CTIA—The Wireless                     feasibility of using any alternative
                                                  41. Next, the Commission seeks                       Association points out that section 716               standards for this purpose.
                                               comment on whether RFC 4103 is                          of the Act does not permit the                           45. A particular concern regarding
                                               sufficiently flexible to spur innovation                Commission’s regulations implementing                 backward compatibility with TTYs is
                                               in accessibility solutions. Are there any                                                                     the fact that TTYs can only send and
                                                                                                       that section to mandate technological
                                               non-SIP-based networks for which                                                                              display a small subset of Unicode
                                                                                                       standards, except as a safe harbor to
                                               implementation of RTT would serve the                                                                         characters, namely upper-case letters,
                                                                                                       facilitate the manufacturers’ and service
                                               public interest, and if so, how could                                                                         numbers, the pound and dollar signs,
                                                                                                       providers’ compliance with section 716
                                               RTT be implemented on such networks                                                                           and some punctuation marks. Thus,
                                                                                                       of the Act. At the same time, as noted,               gateways between RTT systems and
                                               so as to be interoperable with networks                 section 106 of the CVAA expressly
                                               adhering to RFC 4103? Finally, if any                                                                         legacy TTYs need to be able to convert
                                                                                                       authorizes the Commission to adopt                    the much larger Unicode set used with
                                               adverse effects would result from
                                                                                                       technical standards to ensure access by               RTT into readable TTY characters. In
                                               adopting RFC 4103 as a safe harbor, the
                                               Commission asks commenters to                           people with disabilities to an IP-based               general, such character conversion is
                                               identify these, and to explain                          emergency network. In the event that                  called ‘‘transliteration.’’ Thus, accented
                                               specifically how such effects could be                  the Commission deems it necessary to                  characters may be rendered as multiple
                                               mitigated by modifying the standard or                  adopt a mandatory RTT standard, would                 characters—e.g., ‘‘ä (a umlaut)’’ may
                                               allowing an alternative protocol.                       the Commission’s specific standard-                   become ‘‘AE.’’ In some cases, words
                                                  42. In the event that the Commission                 setting authority under section 106 of                must be used in the transliteration, but
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                                               decides to adopt RFC 4103 as a safe                     the CVAA, as well as its authority under              all Unicode characters can be described
                                               harbor for RTT, the Commission seeks                    47 U.S.C. 225(d), provide sufficient                  unambiguously, if necessary, by their
                                               comment on how this standard can be                     authority for the Commission to                       Unicode character name. According to
                                               updated and amended to accommodate                      establish a mandatory technical                       the Unicode Consortium,
                                               successor non-proprietary RTT                           standard for RTT, notwithstanding the                 transliterations should be standard,
                                               technologies that are developed in the                  standard-setting restriction of section               complete, predictable, pronounceable,
                                               future. The Technology Research                         716 of the Act?                                       and reversible. See Unicode Common


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                                               33178                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               Locale Data Repository, http://                         appropriate benchmark for terminating                 communications to and from any 911
                                               cldr.unicode.org/index/cldr-spec/                       the requirement for backward                          PSAP served by the network in a
                                               transliteration-guidelines. Should the                  compatibility, or whether a different                 manner that fully complies with all
                                               rules require a standard transliteration                indicator should be used to make this                 applicable 911 rules, and seeks
                                               approach or standard table, or should                   determination. Would it be more                       comment on this proposal. Are specific
                                               each entity responsible for offering                    appropriate for the Commission to set                 measures or rule amendments necessary
                                               gateways between RTT and TTY choose                     the end date based on TTY usage falling               to ensure that RTT supports legacy 911,
                                               its own transliteration approach? What                  below a threshold level? If the latter,               text-to-911, and NG 911 services? Given
                                               standards should be referenced? If each                 should TTY usage be assessed based on                 that RTT is in an all-IP environment,
                                               gateway may choose its own                              usage of TTY-based forms of TRS, or a                 and that there may be outages during a
                                               transliteration approach, should it meet,               different indicator? The Commission is                loss of commercial power, or RTT may
                                               for example, the general transliteration                concerned about ensuring that people                  be unavailable due to the limited battery
                                               guidelines formulated by the Unicode                    with disabilities continue to have a                  backup inherent in IP-based equipment,
                                               Consortium or other standards body?                     means of using text to make emergency                 are there additional ways to ensure
                                               Should there be a standard indicator                    and non-emergency calls after a TTY                   continued access to emergency
                                               that a character string is a Unicode                    phase-out and generally seeks comment                 communications in the event of a power
                                               emoji, e.g., ‘‘(* GOLFER *)’’ for Unicode               on safeguards needed to address these                 failure to the same extent this will be
                                               U+1F3CC? With respect to PSAPs                          communications needs.                                 guaranteed for voice telephone users?
                                               employing TTYs, what impact might
                                                                                                       Other RTT Functionalities for Wireless                Latency and Error Rate of Text
                                               transliteration have on PSAPs’ ability to
                                                                                                       Services                                              Transmittal
                                               handle the RTT 911 call?
                                                  46. The Commission also seeks                           49. In addition to ensuring                           52. Based on comments in the record,
                                               comment on whether there are other                      interoperability, in this section the                 the Commission proposes that
                                               assistive devices used with the PSTN,                   Commission seeks comment on a                         compliant RTT must be capable of
                                               such as Braille-capable devices used by                 number of other features and                          transmitting text instantly, so that each
                                               people who are deaf-blind, that would                   capabilities that it believes will be                 text character appears on the receiving
                                               require or benefit from backward                        necessary to ensure that RTT is as                    device at roughly the same time it is
                                               compatibility, and what additional steps                accessible, usable, and effective for                 created on the sending device. To
                                               are necessary to achieve this, beyond                   people with disabilities as voice                     achieve this, the Commission further
                                               the steps necessary to achieve backward                 telephone wireless service is for people              proposes requiring that RTT characters
                                               compatibility for TTYs.                                 without disabilities.                                 be transmitted within one second of
                                                  47. Finally, the Commission seeks                                                                          when they are generated, with no more
                                                                                                       Initiation of Calls Using RTT                         than 0.2 percent character error rate,
                                               comment on what events or measures
                                               should trigger a sunset of the residual                    50. As a preliminary matter, the                   which equates to approximately a one
                                               obligation for wireless networks to be                  Commission proposes that wireless                     percent word error rate. The
                                               backward compatible with TTY                            service providers and manufacturers be                Commission believes that this will
                                               technology. In the CVAA, Congress                       required to configure their networks and              allow text to appear character-by-
                                               explicitly asked the EAAC to consider                   devices so that RTT communications                    character on the recipient’s display
                                               ‘‘the possible phase out of the use of                  can be initiated and received to and                  while the sender is typing it, with a
                                               current-generation TTY technology to                    from the same telephone number that                   point-to-point transmission latency that
                                               the extent that this technology is                      can be used to initiate and receive voice             is no greater than that provided for
                                               replaced with more effective and                        communications on a given terminal                    voice communication. The Commission
                                               efficient technologies and methods to                   device. Among other things, the                       seeks comment on these proposals, as
                                               enable access to emergency services by                  Commission tentatively concludes that                 well as whether the Commission should
                                               individuals with disabilities.’’ 47 U.S.C.              enabling access to ten digit telephone                adopt other measures regarding the
                                               615c(c)(6). The EAAC recommended                        numbers is necessary to reach and be                  latency and error rate for RTT. For
                                               against ‘‘imposing any deadline for                     reached by any other person with a                    example, is it feasible, and necessary for
                                               phasing out TTY at the PSAPs until the                  phone number, and to ensure that RTT                  effective communication, to provide
                                               analog phone system (PSTN) no longer                    users can access 911 services. The                    users with the ability to edit individual
                                               exists, either as the backbone or as                    Commission tentatively concludes that a               characters or groups of words in real-
                                               peripheral analog legs, unless ALL legs                 similar ability is an essential part of the           time—for example, by backspacing and
                                               trap and convert TTY to IP real-time text               provision of RTT, and seeks comment                   retyping?
                                               and maintain [Voice Carry Over (VCO)]                   on this tentative conclusion and                         53. The Commission also notes that,
                                               capability.’’ Since then, however, the                  proposal, including its costs, benefits               according to the Technology Research
                                               DAC has requested the Commission to                     and technical feasibility.                            Centers, any RTT system also can be
                                               ‘‘consider a TTY sunset period when                                                                           programmed to first receive and hold
                                               declining wireline TTY minutes reaches                  Support for 911 Emergency                             the sender’s communication while it is
                                               a certain threshold to be determined,                   Communications                                        being composed, and to then send the
                                               while addressing the needs of people                       51. As the Commission has previously               entire message together when triggered
                                               who are deaf-blind, speech disabled,                    stated, ‘‘[t]he ability of consumers to               to do so, in a manner akin to instant
                                               and have cognitive impairments as well                  contact 911 and reach the appropriate                 messaging. Is this ‘‘block mode’’ feature
                                               as for relay services and rural access.’’               PSAP and for the PSAP to receive                      desirable for certain individuals? For
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                                                  48. The Commission notes that the                    accurate location information for the                 example, would it alert people who are
                                               NG911 Now Coalition has set a goal of                   caller is of the utmost importance.’’                 deaf-blind to incoming messages so that
                                               transitioning to nationwide NG911 by                    Emerging Wireline Order and Further                   they know when it is appropriate to
                                               the end of 2020. See NG911 Now                          Notice. The Commission proposes that                  respond? If so, should the Commission
                                               Coalition, http://www.ng911now.org/                     the implementation of RTT in IP                       allow or require that this capability be
                                               #about. The Commission seeks                            networks must be capable of                           made available on compliant RTT
                                               comment on whether this is an                           transmitting and receiving RTT                        technology? If such a feature is


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                            33179

                                               permitted or required, should the                       at any time during the call. Users would              manner’’? 47 U.S.C. 225(b)(1). Would
                                               Commission require nevertheless that                    be able to send text in one direction and             the inclusion of video capability with
                                               RTT service revert to the character-by-                 speech in the other, speak in parallel                RTT be likely to lead to congestion
                                               character mode when 911 calls are                       with text for captioned telephony, and                problems, and how could such
                                               detected by the IP network, in order to                 supplement speech for difficult-to-hear               congestion be prevented or alleviated?
                                               ensure the rapid exchange of                            words, addresses, and numbers. Others                 For example, if simultaneous voice,
                                               information during such calls?                          report findings that the quality,                     RTT, and video are all available over the
                                                 54. The Commission seeks comment                      intelligibility, speed, and flow of                   same telephone connection, could the
                                               on any other relevant considerations                    communications improve when text is                   parties to the call better simulate an in-
                                               pertaining to the transmission and                      added to voice. Finally, the Technology               person communication, which can be
                                               delivery of RTT that may affect its                     Research Centers point out that the                   supplemented with RTT as needed, and
                                               utility and effectiveness for people with               ability to use synchronized voice and                 thereby eliminate the need for a CA to
                                               communication disabilities.                             text transmissions can improve                        serve as a communications bridge
                                               Simultaneous Voice and Text                             communications on TRS calls. The                      between the parties?
                                               Capabilities                                            Commission seeks comment on these
                                                                                                       assertions and the extent to which                    Requirements for TRS Providers
                                                  55. The Commission proposes to                       synchronized voice and text
                                               require that, for a manufacturer’s or                   transmission is necessary for effective                  60. The Commission generally seeks
                                               service provider’s implementation of                    communication via RTT.                                comment on how to integrate RTT into
                                               RTT to be considered compliant with                                                                           the provision of TRS. Specifically,
                                               the rules the Commission adopts in this                 RTT With Video and Other Media                        should the Commission amend its TRS
                                               proceeding, users of RTT must be able                      58. Next, the Commission seeks                     rules to authorize or require TRS
                                               to send and receive both text and voice                 comment on whether to require that,                   providers to incorporate RTT
                                               simultaneously in both directions over                  where covered service providers                       capabilities into platforms and terminal
                                               IP on the same call and via a single                    support the transmission of other media,              equipment used for certain forms of
                                               device. The Commission seeks comment                    such as video and data, simultaneously                TRS, in order to enhance its functional
                                               on this proposal.                                       with voice, they also provide the                     equivalence? For example, Omnitor AB
                                                  56. According to the 3GPP Technical                  capability for the simultaneous                       asks the Commission to require relay
                                               Specification for Global Text                           transmission of RTT and such other                    providers to incorporate RTT into their
                                               Telephony, which is cited by the DAC,                   media. The Commission notes that in                   systems, so that callers can use RTT
                                               RTT that is implemented under RFC                       studies conducted by the Technology                   terminals to access TRS with a single
                                               4103 allows text to be transported alone                Research Centers, participants generally              step, using ten digit numbers. The
                                               or in combination with other media,                     expressed the desire to add video to                  Commission notes that at present, some
                                               such as voice and video, in the same                    RTT calls, ‘‘to express feelings, and to              forms of TRS are provided over the
                                               call session. The DAC therefore asks the                provide for more natural                              PSTN, while others are made available
                                               Commission to consider ‘‘whether                        communication with sign language and                  via IP networks. In light of the ongoing
                                               telecommunication and advanced                          the possibility of lip reading.’’ In
                                               communications systems can support                                                                            migration of communications from the
                                                                                                       addition, some commenters highlight                   circuit-switched PSTN to IP-based
                                               the use of RTT simultaneously in                        the benefits that multimedia capabilities
                                               conjunction with the other Real-Time                                                                          technologies, it appears that ultimately
                                                                                                       can have in the TRS context, including
                                               media supported by the system.’’ The                                                                          all PSTN-based TRS will be phased out
                                                                                                       the ability to supplement sign language
                                               DAC also recommends that the                                                                                  and all TRS will be IP-based. If this
                                                                                                       communications with text on video
                                               Commission consider whether RTT                                                                               occurs, should the Commission
                                                                                                       relay calls. By enabling voice, text, and
                                               equipment and services should support,                                                                        authorize or require IP Relay or other
                                                                                                       video to be delivered to users so that
                                               among other features, the user’s ability                each of these types of media can be                   TRS providers to support an RTT mode
                                               to ‘‘intermix voice and text on the same                available at the same time, over the                  between the user and the CA? If so,
                                               call, including, for example, ‘Voice                    same call session, some parties also                  what timeline would be appropriate for
                                               Carry Over’ and ‘Hearing Carry Over.’ ’’                state that RTT can reduce overall                     implementing such capability? The
                                               Such ‘‘carry over’’ modes currently are                 reliance on TRS and also reduce or                    Technology Research Centers suggest
                                               available as types of TRS. VCO allows                   eliminate the need for TRS users to                   this is needed to improve the functional
                                               people who are deaf and hard of hearing                 acquire the dedicated terminal                        equivalence of the IP Relay interface, as
                                               to use their own voices (where possible)                equipment that is often needed to access              well as to facilitate relay service modes,
                                               and receive text back during a captioned                these services. They claim that                       such as VCO and HCO. Should the
                                               telephone or TTY-based relay call,                      increasingly, people with and without                 Commission also authorize or require IP
                                               while HCO generally allows people with                  disabilities would be able to converse                CTS or other TRS providers to support
                                               speech disabilities on speech-to-speech                 with each other directly, using                       RTT transmission in any voice channels
                                               relay calls to hear directly what the                   whichever mode of communication—                      they provide and in any off-the-shelf
                                               other party says and use the CA to                      voice, text, or video—is most suitable                equipment provided to IP CTS users?
                                               repeat what the person with the speech                  for getting their messages across.                    Finally, should the Commission
                                               disability says. However, in an RTT                        59. To what extent is requiring such               authorize or require VRS providers to
                                               network, can these features also serve as               multimedia capabilities necessary to                  support an RTT mode between the user
                                               a mode of direct point-to-point                         achieve telephone communications for                  and the CA, so that RTT can be used to
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                                               communications, reducing the need for                   text users that are as effective as those             supplement communications in sign
                                               reliance on TRS?                                        available to voice users? To what extent              language with text during VRS calls?
                                                  57. A coalition of consumer groups                   can such capabilities enhance the                     What other requirements are
                                               points out that simultaneous voice and                  accuracy and speed of TRS or reduce                   appropriate to assign to RTT or TRS
                                               text on the same call also would allow                  overall reliance on conventionally                    providers to ensure the compatibility of
                                               callers to initiate a call using either text            defined forms of TRS, to ensure that                  their services as the transition to RTT
                                               or voice and to switch to the other mode                TRS is available ‘‘in the most efficient              takes place?


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                                               33180                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               Character and Text Capabilities                         RTT services and end user equipment                   effective communication, and it seeks
                                                  61. Commenters in this proceeding                    used with them must be accessible,                    comment on this tentative conclusion,
                                               point out that one advantage of RTT is                  usable, and compatible with assistive                 including the costs, benefits, and
                                               that it allows communications using the                 technologies, as defined by part 14, to               technical feasibility of supporting these
                                               full Unicode character set, as compared                 the same extent as is currently required              functions. The Commission also seeks
                                               with the more limited character set                     for telecommunications and advanced                   comment on the extent to which the
                                               available on TTY transmissions. They                    communications services and                           availability of each of these functions
                                               point out that besides facilitating                     equipment under the Commission’s                      may be affected by how a service
                                               communication in languages other than                   accessibility regulations. See 47 U.S.C.              provider implements RTT in an IP
                                                                                                       617(a)–(b); 47 CFR 14.21. The                         network.
                                               English, this capability allows users to
                                                                                                       Commission seeks comment on this                         66. Additionally, the Commission
                                               transmit emoticons, graphic symbols
                                                                                                       position.                                             seeks comment on whether to require
                                               that represent ideas or concepts—                         64. The Commission also seeks
                                               independent of any particular                                                                                 that compliant RTT provide the ability
                                                                                                       comment on whether it is possible to                  to participate on multiple calls
                                               language—and specific words or                          identify, more specifically than is
                                               phrases that have become integral to                                                                          simultaneously and to leave and access
                                                                                                       currently identified by its part 14 rules,            voice and text mail, both of which are
                                               text communications in our society. In                  certain RTT features or functional
                                               addition, commenters report that RTT                                                                          also telecommunications functions that
                                                                                                       capabilities that are needed to meet the              must be made accessible to people with
                                               can be equipped with the ability for                    communication needs of individuals
                                               users to control text settings such as font                                                                   disabilities by federal agencies under
                                                                                                       who are deaf-blind, people with                       section 508 of the Rehabilitation Act.
                                               size and color, to adjust text                          cognitive disabilities, or other specific
                                               conversation windows, and to set up                                                                           See 36 CFR 1194.23, 1194.31(c), (e).
                                                                                                       segments of the disability community.                 Some commenters explain that when
                                               text presentation.                                      For example, should the Commission
                                                  62. The Commission seeks comment                                                                           retrieving messages from voice mail,
                                                                                                       require compatibility with certain                    text information, including the name of
                                               on the technical feasibility, costs, and
                                                                                                       assistive technologies used by people                 the caller, return number (from caller
                                               benefits of requiring that these features
                                                                                                       who are deaf-blind, such as refreshable               ID), length of the call, time of the call,
                                               of RTT be supported by a covered
                                                                                                       Braille displays or screen enlargers? In              and related details could be sent and be
                                               service provider’s implementation of
                                                                                                       addition to providing emoji’s, are there              viewable on screens. For interactive
                                               RTT. How can each of these capabilities
                                                                                                       other measures that can be taken or                   voice response prompts, they report,
                                               meet the needs of people with specific
                                                                                                       required to make RTT effective for                    instant text of all the choices could be
                                               disabilities? For example, can the
                                                                                                       people with cognitive disabilities? For               made available to callers.
                                               availability of emoji characters help
                                                                                                       example, should there be a mechanism
                                               people with cognitive disabilities better                                                                     Support of RTT Functionalities in
                                                                                                       for slowing up the receipt of text, or an
                                               communicate with and receive                                                                                  Wireless Devices
                                                                                                       option to enable message turn-taking to
                                               information from others? How well do
                                                                                                       make it easier for these individuals to               Features and Functionalities
                                               special characters and emojis translate
                                                                                                       receive and read incoming messages?
                                               into voice, and what are the challenges                                                                          67. The Commission proposes to
                                                                                                       What features should be incorporated
                                               of and best practices for enabling this                                                                       require that handsets and other end user
                                                                                                       on terminal equipment used by these
                                               capability? Is it necessary or desirable to                                                                   devices subject to an RTT support
                                                                                                       individuals to allow easy activation and
                                               have characters based on Unicode for                                                                          requirement be required to support each
                                                                                                       operation of RTT functions?
                                               them to be accessible to screen readers                                                                       of the RTT functionalities discussed
                                               used by people who are blind, visually                  Other Features                                        above for service providers. The
                                               impaired or deaf-blind? Similarly, to                      65. In addition to the above specific              Commission seeks comment on this
                                               what extent can the ability to set text                 capabilities, the DAC recommends that                 proposal, including its costs, benefits,
                                               style and text presentation layout                      the Commission consider whether                       and technical feasibility. To what extent
                                               contribute to usability, readability and                compliant RTT equipment and services                  are these features and functions under
                                               comprehension of RTT? Should there be                   should be required to support the                     the service provider’s or manufacturer’s
                                               an option for the user, depending on                    following telecommunications functions                control? Are there other features and
                                               preferences and needs, to configure the                 that are available to voice-based                     functionalities that should be required
                                               display of incoming and outgoing text in                telephone users:                                      for end user devices to effectively
                                               a certain way? Finally, the Commission                     • The ability to ‘‘transfer a                      support RTT? Further, to what extent
                                               seeks comment on the extent to which                    communication session using the same                  can such features and functionalities
                                               these capabilities are affected by the                  procedures used in voice                              and their associated benefits be obtained
                                               properties of network transmissions.                    telecommunication endpoints on the                    if RTT is not fully incorporated as a
                                                                                                       system’’;                                             native function of end user devices, but
                                               Accessibility, Usability, and
                                               Compatibility With Assistive                               • The ability to ‘‘initiate a multi-party          is merely available for users to
                                                                                                       teleconference using the same                         download or install as an over-the-top
                                               Technologies
                                                                                                       procedures used in voice                              application? To what extent would it
                                                  63. The Commission believes that                     telecommunication endpoints on the                    make a difference if an RTT application
                                               RTT is appropriately classified as an                   system’’;                                             is installed as a ‘‘default’’ app prior to
                                               ‘‘electronic messaging service’’ and that                  • The ability to ‘‘use messaging,                  sale of a handset or end user device?
                                               as such, both RTT services and the
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                                                                                                       automated attendant, and interactive                  Device Portability and Interface With
                                               equipment used with them are subject                    voice response systems’’; and                         Third-Party Applications
                                               to the requirements of section 716 of the                  • The ability to use caller
                                               Act and part 14 of the Commission’s                     identification and similar                              68. In order to ensure that individuals
                                               rules. 47 CFR 14.10(i). Therefore, the                  telecommunication functions.                          can use a single device on multiple
                                               Commission believes that,                                  The Commission tentatively                         networks, to the same extent as is
                                               independently of any rules specific to                  concludes that such functions should be               currently possible with voice
                                               RTT that are adopted in this proceeding,                available to RTT users as necessary for               communications, there must be a stable


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                           33181

                                               interface between user equipment and                    are appropriate. The Commission                       covered entities coordinate with
                                               VoIP networks. For example, if                          expects that many off-the-shelf VoIP                  consumer and industry stakeholders to
                                               subscribers to one wireless provider                    devices will be usable with RTT—                      develop effective messaging and
                                               were to lose RTT communication                          eliminating altogether the need for                   outreach initiatives? Further, to what
                                               capability when they insert a subscriber                specialized equipment. In addition, the               extent should the outreach conducted
                                               identity module (SIM) card for another                  Commission notes that several states                  by manufacturers and service providers
                                               wireless provider into their                            have programs that distribute                         include outreach to the operators of
                                               smartphones, then the inter-network                     specialized communications equipment                  public TTYs and Wi-Fi phone
                                               portability achieved for voice users’                   to people, often based on their economic              installations?
                                               smartphones would be unavailable to                     need. Similarly, the Commission                          73. Prior to the adoption of document
                                               RTT users, and the Commission’s rules                   administers the National Deaf-Blind                   FCC 16–53, the Commission’s Consumer
                                               may fail to achieve functional                          Equipment Distribution Program, which                 and Governmental Affairs Bureau,
                                               equivalence in this critical respect.                   provides funding for certified state                  together with three other bureaus within
                                               Therefore, the Commission proposes to                   programs to distribute communications                 the Commission, granted various
                                               require, at a minimum, that covered                     equipment and provide related services                wireless carriers temporary waivers of
                                               service providers enable device                         to low income individuals who are deaf-               the Commission’s requirements to
                                               portability for their RTT services to the               blind across the United States. 47 CFR                support TTY technology on IP-based
                                               same extent as they enable device                       64.610. AARP recommends that carriers                 wireless networks subject to certain
                                               portability for voice services. The                     seeking to transition to IP systems be                conditions. The Commission proposes
                                               Commission seeks comment on this                        required to work with governmental                    that the conditions imposed in the
                                               proposal.                                               agencies that distribute such assistive               bureaus’ waiver orders remain in effect
                                                 69. The Commission also seeks                         equipment to qualified individuals with               until the full implementation of rules
                                               comment on the extent to which all                      disabilities. The Commission seeks                    adopted in this proceeding. These
                                               necessary functionalities for effective                 comment on the appropriateness of this                conditions include a requirement for
                                               use of RTT can be made available                        suggestion, and other ways that the                   waiver recipients to apprise their
                                               through provider-approved devices and                   Commission can alleviate any burdens                  customers, through effective and
                                               applications, or whether third party                    that might be associated with acquiring               accessible channels of communication,
                                               software applications will be needed for                new equipment or software, particularly               that (1) until TTY is sunset, TTY
                                               some RTT features and functions. To                     for those who do not qualify for existing             technology will not be supported for
                                               what extent will consumers need access                  state and federal equipment distribution              calls to 911 services over IP-based
                                               to third party RTT software applications                programs or for those will need to                    wireless services, and (2) there are
                                               on user devices to supplement native                    replace devices not covered by such                   alternative PSTN-based and IP-based
                                               RTT capabilities that are integrated into               programs.                                             accessibility solutions for people with
                                               such devices, in order to achieve                                                                             communication disabilities to reach 911
                                               functional equivalence with voice                       Consumer Outreach and Notifications                   services. These notices must be
                                               communications? Should the                                 72. To ensure a seamless TTY–RTT                   developed in coordination with PSAPs
                                               Commission require providers to offer                   transition, the Commission seeks                      and national consumer organizations,
                                               an ‘‘app interface’’ to facilitate access to            comment on the best means of                          and include a listing of text-based
                                               third party applications?                               informing the public, including                       alternatives to 911, including, but not
                                                 70. In the event that the Commission                  businesses, governmental agencies, and                limited to, TTY capability over the
                                               adopts requirements for device                          individuals with disabilities who will                PSTN, various forms of PSTN-based and
                                               portability or the enabling of third party              be directly affected by the transition,               IP-based TRS, and text-to-911 (where
                                               applications, or both, it seeks comment                 about the migration from TTY                          available). The Commission tentatively
                                               on the availability or feasibility of a                 technology to RTT and the mechanics of                concludes that the provision of this
                                               safe-harbor standard for a user-network                 how this technology will work. To be                  information is necessary to ensure that,
                                               interface that could support the RTT                    effective, RTT must be usable by people               during the transition period, there is no
                                               capabilities of user devices and                        with and without disabilities.                        expectation on the part of consumers
                                               applications from multiple                              Accordingly, the Commission                           with disabilities that TTY technology
                                               manufacturers and providers.                            tentatively concludes that such outreach              will be supported by IP-based wireless
                                               Alternatively, are there reasonable                     should not only focus on people with                  services, and to ensure that these
                                               performance criteria that could be                      disabilities, but also on the general                 consumers know that alternative
                                               applied to ensure that a network-user                   public that will be communicating with                accessible telecommunications options
                                               interface can support multiple third                    such individuals, and seeks comment                   exist, and seeks comment on this belief.
                                               party devices and applications?                         on this tentative conclusion. The                     The Commission further proposes that
                                                                                                       Commission seeks comment on whether                   all information and notifications about
                                               Minimizing Costs Incurred by                            the statutory authority on which it                   the RTT transition be provided in
                                               Consumers                                               proposes to rely for the purpose of                   accessible formats, such as large print,
                                                  71. Last, the Commission seeks                       regulating the provision of RTT is                    Braille, and other appropriate means to
                                               comment on equipment costs to                           sufficient to authorize outreach                      make information accessible to people
                                               consumers that may result from the                      requirements with respect to RTT. The                 with disabilities, and seeks comment on
                                               transition from TTY to RTT technology.                  Commission notes that it has previously               this proposal. Are any different or
                                               Specifically, the Commission seeks                      used its authority under section 225 of
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                                                                                                                                                             additional notices needed to ensure that
                                               comment on whether there are measures                   the Act to require service providers to               consumers are aware of potential issues
                                               it could take in the context of this                    conduct outreach about TRS, and now                   regarding 911 communications during a
                                               proceeding to ensure the affordability of               asks whether it can rely upon such                    TTY–RTT transition?
                                               new terminal equipment or assistive                     authority to require outreach on RTT.                    74. Finally, the Commission
                                               devices that may be needed as a                         See 47 CFR 64.604(c)(3). What are the                 tentatively concludes that, consistent
                                               consequence of the migration to RTT                     most effective methods to provide such                with the usability requirements of its
                                               technology, and whether such measures                   notification, and to what extent should               rules implementing sections 255 and


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                                               33182                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               716 of the Act (see 47 CFR 6.11(a)(3),                  wireline IP networks can reliably                     same interoperability requirements,
                                               7.11(a)(3)) as well as previous actions by              support TTY communications.                           minimum functionalities, and outreach
                                               the Commission to educate consumers                        77. Moreover, there is considerable                obligations that the Commission
                                               about TRS (see 47 CFR 64.604(c)(2)),                    information in the record that in any                 proposes to require for wireless VoIP
                                               covered entities should be required to                  communications environment, TTYs                      services and end user devices? Finally,
                                               implement a mechanism to provide                        remain inadequate with respect to their               is RFC 4103 an appropriate standard to
                                               information and assistance during                       speed, their limited character set, and               reference as the safe harbor for wireline
                                               business hours to their consumers                       their failure to allow the simultaneous               VoIP services and text-capable end user
                                               regarding the TTY–RTT transition, and                   communication enjoyed by voice                        equipment to ensure interoperability
                                               seeks comment on this tentative                         communications users. The Commission                  and compliance with the rules proposed
                                               conclusion. The Commission seeks                        thus next seeks comment on whether                    for wireless services?
                                               comment on how this can best be                         the Commission should amend its rules                    79. The Commission also seeks
                                               achieved. For example, to what extent                   at parts 6, 7, 14, and 64, to allow or                comment on the appropriate timing for
                                               should covered entities be required to                  require wireline VoIP service providers               incorporation of RTT capabilities into
                                               designate staff trained to assist                       to support RTT, as the Commission is                  wireline VoIP services and end user
                                               consumers with the complex issues                       proposing to do for wireless services.                devices, in the event that rules requiring
                                               related to the TTY–RTT transition? Are                  What would be the costs, benefits, and                such capabilities are adopted, and the
                                               there additional mechanisms for                         technical feasibility of such                         extent to which such timing should be
                                               outreach education and assistance that                  requirements? The Commission believes                 determined by the manufacture or sell
                                               should be adopted?                                      that for RTT to effectively replace TTYs              date of new devices. Similarly, should
                                                                                                       and allow full integration by people                  requirements for RTT support also be
                                               Other Matters                                           with disabilities into our nation’s                   triggered at ‘‘natural opportunities’’?
                                                  75. Security Concerns. The                           mainstream communications system,                     The Commission also seeks comment on
                                               Commission seeks comment on security                    the ability to access our nation’s                    whether RTT would be particularly
                                               risks that may be associated with the                   wireline VoIP services using RTT will                 beneficial in the context of Inmate
                                               adoption of RTT technology and that                     be just as important as the ability to                Calling Services (ICS), particularly given
                                               require the Commission’s attention. The                 access wireless services, especially if               the problems ICS users have
                                               Technology Research Centers point out                   TTY technology is phased out. Many, if                encountered in trying to use TTYs, and
                                               the availability of technical methods to                not most businesses, government                       whether there are specific issues the
                                               secure SIP calls, both for call control                 agencies, and retail establishments                   Commission would need to consider in
                                               security and media security. They also                  continue to rely on wireline services,                relation to the use of RTT by inmates.
                                               caution against ‘‘blocking of RTT,’’                    and having telephone access to such                      80. Finally, how should TTY support
                                               which they say could occur where                        enterprises will be necessary for people              obligations be modified as wireline
                                               security or IT management personnel                     with disabilities who rely on text to                 networks discontinue their circuit-
                                               are not aware of the need to support                    maintain their independence, privacy,                 switched services? Should wireline
                                               real-time text. They explain that this can              and productivity.                                     providers that support RTT on their IP
                                               be remedied by the use of a ‘‘SIP-aware                    78. If the Commission amends its                   networks be permitted to cease
                                               firewall,’’ which will allow the proper                 rules governing wireline services to                  supporting TTY technology at all, and if
                                               pass-through of RTT once deployed.                      incorporate RTT support obligations,                  so, on what timetable? In comments
                                               The Commission seeks comment on                         how can the Commission ensure that                    filed in response to the Emerging
                                               these and other security concerns that                  end users can readily connect to and use              Wireline Order and Further Notice,
                                               should be addressed through this                        such RTT capabilities in wireline IP                  AARP has raised concerns about
                                               proceeding, including the costs,                        networks? For example, given that                     establishing firm dates for the sunset of
                                               benefits, and technical feasibility of                  wireline part 68 customer premise                     TTY technology, given that a large
                                               implementing specific security                          equipment such as wired and cordless                  number of carriers ‘‘serving millions of
                                               measures.                                               phones currently cannot readily support               subscribers, may continue to deliver
                                                                                                       real-time text, would it be feasible and              voice services over legacy facilities for
                                               RTT Implementation in IP-Based
                                                                                                       practical for wireline VoIP service                   an extended period.’’ AARP claims that
                                               Wireline Networks and Equipment
                                                                                                       providers to offer over-the-top RTT                   ‘‘[a]dopting hard and fast sunset dates
                                                  76. The Commission seeks comment                     applications downloadable to text-                    may lead to customer confusion, and
                                               on whether, in addition to requiring the                capable devices such as smartphones,                  place undue burdens on some service
                                               implementation of RTT by wireless                       tablets, and computers, that could then               providers and their customers’’ and
                                               service providers, the Commission                       be used to connect to the carrier’s VoIP              urges that, if the Commission
                                               should amend its rules to require the                   service platform? Should wireline VoIP                establishes a termination date for TTY
                                               implementation of RTT in IP-based                       providers be required to ensure the                   technology, it do so only for specific
                                               wireline networks. As discussed above,                  compatibility of their services with                  carriers that have filed for relief under
                                               problems associated with TTY                            third-party RTT applications present in               section 214 of the Act. The Commission
                                               transmissions are not limited to those                  stand-alone devices or downloaded onto                seeks comment on these claims and how
                                               that occur over IP wireless networks.                   text-capable devices such as                          it should consider the needs of
                                               Because TTYs were not designed for the                  smartphones, tablets, and computers?                  consumers who still use TTYs in
                                               IP environment, they have not                           To what extent should wireline VoIP                   framing rules to address a transition to
                                               performed well in any IP-based system;                  manufacturers have RTT support
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                                                                                                                                                             wireline implementation of RTT.
                                               in fact, many of the problems associated                obligations for their equipment that is
                                               with TTY use over IP-enabled wireless                   otherwise capable of sending, receiving,              Legal Authority
                                               networks—e.g., dropped packets and                      and displaying text? To the extent that                 81. The Commission believes that it
                                               data connection stability issues—also                   IP-based wireline service providers and               has sufficient legal authority to adopt
                                               occur in wireline networks. Thus, as an                 manufacturers have an obligation under                the proposed rules to specify support for
                                               initial matter, the Commission seeks                    the Commission’s rules to support RTT,                RTT communications by wireless IP-
                                               comment on the extent to which                          should they be required to adhere to the              based services and equipment. The


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                             33183

                                               Commission also believes that it has                    enabled emergency network, where                      these sources of authority to this
                                               sufficient legal authority, should it so                achievable and technically feasible.’’ 47             proceeding.
                                               decide, to amend the Commission’s                       U.S.C. 615c(g). The Commission relied                    86. Generally, the Commission
                                               rules to similarly specify support of RTT               on this authority to impose text-to-911               tentatively concludes that the sources of
                                               technology by wireline IP-based services                requirements on wireless providers and                legal authority for the actions taken in
                                               and equipment. Further, the                             interconnected text service providers, as             connection with the above-described
                                               Commission believes that it may rely on                 well as to require bounce-back                        911 initiatives support the initiative the
                                               the sources of authority identified                     messaging when a PSAP is unable to                    Commission is launching today, given
                                               above, as well as the specific authorities              accept a text calls. The Commission’s                 the similarities—and despite the
                                               discussed below, to require that RTT                    determination rested on two grounds:                  differences—between them. Major
                                               provided pursuant to the proposed rule                  (1) That it was a proper exercise of the              objectives of these 911 initiatives have
                                               amendments must meet the                                agency’s authority to promulgate EAAC                 been to ensure that (1) CMRS and other
                                               interoperability, minimum                               recommendations, and (2) that it was a                covered wireless providers provide an
                                               functionality, and outreach                             lawful exercise of the agency’s CVAA                  interim mobile text solution for this
                                               requirements proposed above. The                        authority to promulgate certain ‘‘other               important constituency during the
                                               Commission seeks comment on these                       regulations.’’ See 47 U.S.C. 615c(g).                 transition to NG911, and (2) the needs
                                               views, as well as whether there are other                  84. The EAAC submitted several                     of people with disabilities do not get left
                                               sources of authority beyond those                       recommendations to the Commission                     behind as technology develops. The
                                               described herein to support the                         that appear to be particularly relevant to            proceeding here addresses a current gap
                                               proposals herein.                                       this proceeding. For example, the EAAC                in the availability of emergency
                                                                                                       recommended ‘‘that the FCC adopt                      communications services by people
                                               Amendment of § 20.18                                    requirements that ensure that the                     with disabilities vis-à-vis those now
                                                  82. The Commission believes its                      quality of video, text and voice                      widely available to the population at
                                               proposal to amend § 20.18(c) of its rules               communications is sufficient to provide               large, namely, the disparity in the
                                               to require wireless VoIP service                        usability and accessibility to individuals            opportunity to engage in real-time
                                               providers to ensure that their services,                with disabilities based on industry                   communications with emergency
                                               handsets, and other authorized devices                  standards for the environment.’’ The                  providers. To rectify this deficiency,
                                               are capable of transmitting 911 calls                   EAAC also recommended ‘‘that the FCC                  RTT offers the opportunity to engage in
                                               through RTT technology over IP                          remove the requirement for TTY (analog                text communications on a real-time
                                               networks, in lieu of transmitting 911                   real-time text) support for new IP-based              basis, which comes much closer to voice
                                               calls from TTYs, is within the                          consumer services that implement IP-                  than the currently available text-based
                                               Commission’s Title III authority to                     based text communications that include                communications vehicles. Analogous to
                                               regulate wireless service providers. Title              at a minimum real time text or, in an                 the earlier 911 initiatives, the above-
                                               III authorizes the Commission, among                    LTE environment, IMS Multimedia                       cited legal authorities support the
                                               other things, to prescribe the nature of                Telephony that includes real-time text.’’             Commission’s use of the measures
                                               the service to be rendered by licensed                  The Commission seeks comment on                       proposed here to provide people who
                                               service providers and to modify the                     whether these or other of the EAAC’s                  are deaf, hard of hearing, deaf-blind,
                                               terms of existing licenses where such                   recommendations, including those                      and speech-disabled with the
                                               action will promote the public interest,                involving the migration to a national IP-             opportunity to access real time
                                               convenience, and necessity. 47 U.S.C.                   enabled network,’’ provide an                         communications service in emergency
                                               303(b), (g), 316(a)(1). The Commission                  additional basis for the Commission to                situations when the need for such
                                               relied on Title III in regulating the                   rely on its authority under 47 U.S.C.                 capabilities is most pressing. The
                                               location capabilities of wireless services              615c(g) to adopt the amendments                       Commission seeks comment on its
                                               and handsets and in adopting the rule                   proposed here. The Commission also                    tentative conclusion and assessment.
                                               requiring wireless providers to transmit                seeks comment generally on the scope
                                               911 calls from individuals made on non-                                                                       Amendment of Parts 6, 7, and 14
                                                                                                       of the Commission’s authority under
                                               handset devices such as TTYs. The                       section 106 of the CVAA with respect to                  87. The Commission believes that it is
                                               Commission further relied on Title III in               adoption of rules governing access to                 within its authority under sections 251,
                                               requiring wireless providers to support                 emergency services via RTT. 47 U.S.C.                 255, and 716 of the Act to amend parts
                                               text-to-911 service, concluding that Title              615c.                                                 6 and 7 of the Commission’s rules to
                                               III confers broad authority to prescribe                   85. The Commission also has been                   require providers of interconnected
                                               the nature of the emergency service                     granted broad authority to ensure                     wireless VoIP service (as well as
                                               obligations of wireless providers,                      effective telephone access to emergency               manufacturers of equipment used with
                                               including deployment of text-to-911                     services that may be relevant here, given             such services) to support RTT, if readily
                                               capabilities.                                           the suggested importance of RTT as a                  achievable (under parts 6 and 7), and to
                                                  83. The Commission further believes                  means of securing emergency assistance.               amend part 14 to require wireless
                                               that its RTT-related proposed                           This includes, for example, the specific              providers of VoIP service (as well as
                                               amendments to section 20.18 of its rules                delegation of responsibility to the                   manufacturers of equipment used with
                                               are within the Commission’s direct                      Commission under 47 U.S.C. 251(e)(3)                  such services) not subject to parts 6 and
                                               statutory authority under section 106 of                to ‘‘designate 911 as the universal                   7 to support RTT, unless this
                                               the CVAA to implement                                   emergency telephone number for                        requirement is not achievable (under
                                               recommendations proposed by the                         reporting an emergency to appropriate                 part 14). Likewise, given that the
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                                               EAAC (47 U.S.C. 615c(c)), as well as ‘‘to               authorities and requesting assistance,’’              Commission seeks comment above on
                                               promulgate . . . any other regulations,                 the Wireless Communications and                       whether to provide for support of RTT
                                               technical standards, protocols, and                     Public Safety Act of 1999 (codified at 47             on wireline networks, the Commission
                                               procedures as are necessary to achieve                  U.S.C. 615–615b) and the NET 911                      notes its belief that the Commission has
                                               reliable, interoperable communication                   Improvement Act of 2008 (codified at 47               sufficient authority under these
                                               that ensures access by individuals with                 U.S.C. 615a). The Commission seeks                    provisions to amend its rules to
                                               disabilities to an Internet protocol-                   comment on the possible relevance of                  similarly require providers of wireline


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                                               33184                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               VoIP services and manufacturers of                      performance objectives to ensure the                  225(a)(3). Further, section 225 of the Act
                                               equipment used with such services to                    accessibility, usability, and                         expressly directs the Commission to
                                               support RTT, should the Commission so                   compatibility of advanced                             ‘‘ensure that regulations prescribed to
                                               decide. The Commission further                          communications services and the                       implement this section encourage . . .
                                               believes that these sections provide                    equipment’’ and ‘‘determine the                       the use of existing technology and do
                                               sufficient authority to impose                          obligations under this section of                     not discourage or impair the
                                               requirements to ensure that RTT is                      manufacturers, service providers, and                 development of improved technology.’’
                                               compatible with assistive technologies                  providers of applications or services                 47 U.S.C. 225(d)(2). The Commission
                                               used by people with disabilities, such as               accessed over service provider                        seeks comment on this analysis.
                                               refreshable Braille displays used by                    networks.’’ 47 U.S.C. 617(e)(1)(A), (C).
                                               people who are deaf-blind, and seeks                    Given the limitations of TTY                          Initial Regulatory Flexibility Act
                                               comment on this position.                               technology, the Commission believes                   Analysis
                                                  88. Section 255 of the Act requires                  that RTT is best suited to replace TTY                   92. As required by the Regulatory
                                               providers of telecommunications service                 technology for rendering voice IP                     Flexibility Act, the Commission has
                                               and manufacturers of                                    services accessible to people who are                 prepared this present Initial Regulatory
                                               telecommunications and customer                         deaf, hard of hearing, deaf-blind, or                 Flexibility Analysis (IRFA) of the
                                               premises equipment to ensure that their                 speech-disabled. The Commission seeks                 possible significant economic impact on
                                               services and equipment are accessible to                comment on this analysis.                             a substantial number of small entities by
                                               and usable by individuals with                                                                                the policies and rules proposed in
                                               disabilities, if readily achievable.                    Amendment of Part 64
                                                                                                                                                             document FCC 16–53. Written public
                                               Section 251(a)(2) of the Act provides                      90. The Commission believes that it                comments are requested on this IRFA.
                                               that telecommunications carriers may                    has sufficient authority under the Act to             Comments must be identified as
                                               not install network features, functions,                adopt the proposed amendments to part                 responses to the IRFA and must be filed
                                               or capabilities that do not comply with                 64 of its rules to require wireless VoIP              by the deadlines for comments specified
                                               the guidelines and standards established                service providers to support the                      in the DATES section. The Commission
                                               pursuant to section 255 of the Act. 47                  provision of and access to TRS via RTT.               will send a copy of document FCC 16–
                                               U.S.C. 251(a)(2). Section 716 of the Act                The Commission also believes that the                 53, including the IRFA, to the Chief
                                               requires providers of ACS and                           Commission has sufficient authority                   Counsel for Advocacy of the Small
                                               manufacturers of equipment used with                    under these provisions to adopt similar
                                                                                                                                                             Business Administration (SBA). See 5
                                               ACS to ensure that their services and                   amendments to require wireline VoIP
                                                                                                                                                             U.S.C. 603(a).
                                               equipment are accessible to and usable                  service providers to support RTT for the
                                               by individuals with disabilities, unless                provision of and access to TRS.                       Need For, and Objectives of, the
                                               such requirements are not achievable,                      91. Section 225 of the Act directs the             Proposed Rules
                                               and directs the Commission to                           Commission to ‘‘ensure that interstate
                                                                                                       and intrastate telecommunications relay                  93. In document FCC 16–53, the
                                               promulgate implementing regulations.                                                                          Commission proposes amendments to
                                               47 U.S.C. 617. ACS, in turn, is defined                 services are available, to the extent
                                                                                                       possible and in the most efficient                    its rules to facilitate a transition from
                                               to include interconnected and non-                                                                            outdated text telephony (TTY)
                                               interconnected VoIP service, as well as                 manner, to hearing-impaired and
                                                                                                       speech-impaired individuals in the                    technology to a reliable and
                                               electronic messaging service and                                                                              interoperable means of providing real-
                                               interoperable video conferencing                        United States,’’ and further to prescribe
                                                                                                       implementing regulations, including                   time text (RTT) communication over
                                               service. 47 U.S.C. 153(1). Both sections
                                                                                                       functional requirements and minimum                   Internet Protocol (IP) enabled networks
                                               255 and 716 of the Act require that, to
                                                                                                       standards. 47 U.S.C. 225(b)(1), (d)(1).               and services for people who are deaf,
                                               the extent that it is not achievable to
                                                                                                       Congress initially placed the obligation              hard of hearing, speech disabled, and
                                               make a service accessible and usable,
                                                                                                       to provide TRS on common carriers                     deaf-blind. Real-time text is a mode of
                                               service providers ‘‘shall ensure that
                                                                                                       ‘‘providing telephone voice                           communication that permits text to be
                                               [their] equipment or service is
                                                                                                       transmission services,’’ either on their              sent immediately as it is being created.
                                               compatible with existing peripheral
                                                                                                       own or through a state-supported TRS                  The Commission’s proposals would
                                               devices or specialized customer
                                                                                                       program, in compliance with the                       replace existing requirements
                                               premises equipment [SCPE] commonly
                                               used by individuals with disabilities to                implementing regulations prescribed by                mandating support for TTY technology
                                               achieve access,’’ if readily achievable,                the Commission. 47 U.S.C. 225(c).                     with rules for wireless IP-based voice
                                               under section 255 of the Act, or unless                 Pursuant to the Commission’s ancillary                services to support RTT technology
                                               not achievable, under section 716 of the                jurisdiction, the Commission extended                 instead. The Commission’s action seeks
                                               Act. 47 U.S.C. 255(d), 617(c). The                      the TRS obligations to interconnected                 to ensure that people who are deaf, hard
                                               Commission seeks comment on whether                     VoIP providers. Included in the TRS                   of hearing, speech disabled, and deaf-
                                               these statutory provisions provide                      obligations of carriers and                           blind can fully utilize and benefit from
                                               sufficient authority to establish RTT                   interconnected VoIP service providers is              twenty-first century communications
                                               requirements for wireless and wireline                  the obligation to support access to TRS               technologies as the United States
                                               services and equipment.                                 call centers, including through                       migrates from legacy circuit-switched
                                                  89. Congress intended for these                      abbreviated 711 dialing access for TRS                systems to IP-based networks and
                                               provisions collectively to ensure access                calls initiated by TTYs. The                          services.
                                               by people with disabilities to our                      Commission believes that it has                          94. The Commission seeks comment
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                                               nation’s telecommunications and                         sufficient authority under these                      on the following:
                                               advanced communications services, and                   provisions to require VoIP service                       • Its proposal to replace the
                                               gave the Commission broad authority to                  providers to support TRS access via                   Commission’s rules that require wireless
                                               determine how to achieve this objective.                RTT in lieu of requiring support for TTY              service providers and equipment
                                               47 U.S.C. 154(i). For example, section                  technology. Section 225 of the Act does               manufacturers to support TTY
                                               716 of the Act directs the Commission                   not require that TRS be provided or                   technology with rules defining the
                                               to prescribe regulations that ‘‘include                 accessed with TTYs. See 47 U.S.C.                     obligations of these entities to support


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                            33185

                                               RTT technology over IP-based voice                      following telecommunications                          capabilities in wireline networks, and
                                               services.                                               functions:                                            whether it would be feasible and
                                                  • Its tentative conclusions that the                    • Use of the same North American                   practical for wireline VoIP service
                                               technical and functional limitations of                 Numbering Plan numbers used for                       providers to offer downloadable over-
                                               TTYs make this technology unsuitable                    voice, to initiate and receive calls;                 the-top RTT software applications;
                                               as a long-term means to provide full and                   • 911 emergency communications in                    • Whether to require VoIP providers
                                               effective access to IP-based wireless                   full compliance with all applicable 911               to ensure the compatibility of their
                                               telephone networks, that there is a need                rules;                                                services with third-party RTT software
                                               to provide individuals who rely on text                    • transmission of characters within                applications downloaded onto text-
                                               communication with a superior                           one second of when they are generated,                capable devices such as smartphones,
                                               accessibility solution for the IP                       with no more than a 0.2 percent                       tablets, and computers;
                                               environment, and that RTT can best                      character error rate, which equates to                  • The extent to which wireline VoIP
                                               achieve this goal because it can be well                approximately a one percent word error                manufacturers should have RTT support
                                               supported in the wireless IP                            rate;                                                 obligations for their equipment that is
                                               environment, will facilitate emergency                     • simultaneous voice and text                      otherwise capable of sending, receiving,
                                               communications to 911 services, allows                  transmission;                                         and displaying text;
                                               for more natural and simultaneous                          • TRS access;                                        • Whether IP-based wireline service
                                               interactions on telephone calls, will                      • a comprehensive character set and                providers and manufacturers should be
                                               largely eliminate the need to purchase                  the ability to control text settings such             required to adhere to the same
                                               specialized or assistive devices that                   as font size and color, to adjust text                interoperability requirements, minimum
                                               connect to mainstream technology, and                   conversation windows, and to set up                   functionalities, and outreach obligations
                                               may reduce reliance on                                  text presentation;                                    as those proposed for wireless VoIP
                                               telecommunications relay services.                         • compliance with the Commission’s
                                                                                                                                                             services and end user devices;
                                                  • Its proposal to make the above                     existing accessibility regulations for                  • Whether RFC 4103 is an
                                               amendments effective by December 31,                    ‘‘electronic messaging services’’; and                appropriate standard to reference as the
                                               2017, for large wireless service                           • other calling features such as call
                                                                                                                                                             safe harbor for wireline VoIP services
                                               providers and manufacturers of user                     transfer, teleconferencing, caller
                                                                                                                                                             and end user equipment to ensure
                                               devices authorized for their services, its              identification, voice and text mail, and
                                                                                                                                                             interoperability and compliance with
                                               proposal to give additional time for                    interactive voice response systems.
                                                                                                          • Its proposal to require wireless                 the rules proposed for wireless services;
                                               compliance by smaller service providers                                                                       and
                                                                                                       service providers implementing RTT to
                                               and manufacturers of user devices                                                                               • The appropriate timing for
                                                                                                       enable device portability for their RTT
                                               authorized for their services, and the                  services to the same extent as for voice              incorporation of RTT capabilities into
                                               amount of additional time that would be                 services and whether to require such                  wireline VoIP services and end user
                                               appropriate.                                            providers to enable the use of third                  devices.
                                                  • Its tentative conclusions that
                                                                                                       party RTT software applications on user               Legal Basis
                                               deployment of RTT on IP networks will
                                                                                                       devices to supplement the native RTT                    95. The proposed action is authorized
                                               offer functionality greatly superior to
                                                                                                       capabilities.                                         under sections 1, 2, 4(i), 225, 255, 303,
                                               that of TTY technology; that the ability                   • Measures that may be needed to
                                               to acquire off-the-shelf RTT-capable                                                                          316, and 716 of the Act, section 6 of the
                                                                                                       ensure the affordability of new terminal
                                               devices will be beneficial for text                                                                           Wireless Communications and Public
                                                                                                       equipment or assistive devices that may
                                               communication users; and that RTT will                                                                        Safety Act of 1999, and section 106 of
                                                                                                       be needed as a consequence of the
                                               be more effective than messaging-type                   migration to RTT technology.                          the CVAA; 47 U.S.C. 151, 152, 154(i),
                                               services such as short messaging                           • Its proposal to require wireless                 225, 255, 303, 316, 615a–1, 615c, 617.
                                               services (SMS) in meeting the                           service providers to notify their                     Description and Estimate of the Number
                                               communication needs of consumers                        customers about the inability to use                  of Small Entities Impacted
                                               with disabilities, including their                      TTYs with IP-based services and about
                                               emergency communication needs.                                                                                   96. The RFA directs agencies to
                                                                                                       alternative means of reaching 911
                                                  • Its tentative conclusion that for                  services.
                                                                                                                                                             provide a description and, where
                                               effective RTT communications across                        • The best means of informing the                  feasible, an estimate of the number of
                                               multiple platforms and networks, such                   public, including businesses,                         small entities that may be affected by
                                               communications and the associated                       governmental agencies, and individuals                the proposed rules, if adopted. The RFA
                                               terminal equipment must be                              with disabilities who will be directly                generally defines the term ‘‘small
                                               interoperable with one another.                         affected by the transition, about the                 entity’’ as having the same meaning as
                                                  • Its proposal to adopt a standard                   migration from TTY technology to RTT                  the terms ‘‘small business,’’ ‘‘small
                                               developed by the Internet Engineering                   and the mechanics of how this                         organization,’’ and ‘‘small governmental
                                               Task Force (IETF), RFC 4103, as a safe                  technology will work.                                 jurisdiction.’’ In addition, the term
                                               harbor technical standard, adherence to                    • Security risks that may be                       ‘‘small business’’ has the same meaning
                                               which will be deemed to satisfy the                     associated with the adoption of RTT                   as the term ‘‘small-business concern’’
                                               interoperability requirement for RTT                    technology and that require the                       under the Small Business Act. A ‘‘small-
                                               communications.                                         Commission’s attention.                               business concern’’ is one which: (1) Is
                                                  • Its proposal that service providers                   • Whether to require the                           independently owned and operated; (2)
                                               should be required to make their RTT                                                                          is not dominant in its field of operation;
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                                                                                                       implementation of RTT in IP-based
                                               services interoperable with TTY                         wireline networks, including:                         and (3) satisfies any additional criteria
                                               technology supported by circuit-                           • Whether to require wireline voice-               established by the SBA.
                                               switched networks, and when that                        over-IP (VoIP) service providers to                      97. The majority of the Commission’s
                                               requirement should sunset.                              support RTT, as the Commission is                     proposals in document FCC 16–53 will
                                                  • Its proposal to require that wireless              proposing to do for wireless services;                affect obligations on
                                               providers and equipment manufacturers                      • How to ensure that end users can                 telecommunications carriers and
                                               implementing RTT support the                            readily connect to and use RTT                        providers, VoIP service providers,


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                                               33186                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               wireline and wireless service providers,                exchange service providers. Of these                  have more than 1,500 employees. In
                                               ACS providers, and telecommunications                   1,307 carriers, an estimated 1,006 have               addition, 17 carriers have reported that
                                               equipment and software manufacturers.                   1,500 or fewer employees and 301 have                 they are Shared-Tenant Service
                                               Other entities, however, that choose to                 more than 1,500 employees.                            Providers, and all 17 are estimated to
                                               object to the substitution of RTT for                   Consequently, the Commission                          have 1,500 or fewer employees. In
                                               TTY technology under the                                estimates that most providers of local                addition, 72 carriers have reported that
                                               Commission’s new proposed rules may                     exchange service are small entities.                  they are Other Local Service Providers.
                                               be economically impacted by the                            101. Incumbent Local Exchange                      Of the 72, seventy have 1,500 or fewer
                                               proposals in document FCC 16–53.                        Carriers (Incumbent LECs). Neither the                employees and two have more than
                                                 98. A small business is an                            Commission nor the SBA has developed                  1,500 employees. Consequently, the
                                               independent business having less than                   a small business size standard                        Commission estimates that most
                                               500 employees. Nationwide, there are a                  specifically for incumbent local                      providers of competitive local exchange
                                               total of approximately 28.2 million                     exchange services. The closest                        service, competitive access providers,
                                               small businesses, according to the SBA.                 applicable size standard under SBA                    Shared-Tenant Service Providers, and
                                               Affected small entities as defined by                   rules is for the category Wired                       other local service providers are small
                                               industry are as follows.                                Telecommunications Carriers. Under                    entities.
                                                                                                       that size standard, such a business is                   104. Interexchange Carriers. Neither
                                               Wireline Providers
                                                                                                       small if it has 1,500 or fewer employees.             the Commission nor the SBA has
                                                  99. Wired Telecommunications                         According to Commission data, 1,307                   developed a small business size
                                               Carriers. The Census Bureau defines                     carriers reported that they were                      standard specifically for providers of
                                               this industry as comprising                             incumbent local exchange service                      interexchange services. The appropriate
                                               ‘‘establishments primarily engaged in                   providers. Of these 1,307 carriers, an                size standard under SBA rules is for the
                                               operating and/or providing access to                    estimated 1,006 have 1,500 or fewer                   category Wired Telecommunications
                                               transmission facilities and infrastructure              employees and 301 have more than                      Carriers. Under that size standard, such
                                               that they own and/or lease for the                      1,500 employees. Consequently, the                    a business is small if it has 1,500 or
                                               transmission of voice, data, text, sound                Commission estimates that most                        fewer employees. According to
                                               and video using wired                                   providers of incumbent local exchange                 Commission data, 359 carriers have
                                               telecommunications networks.                            service are small entities.                           reported that they are engaged in the
                                               Transmission facilities may be based on                    102. The Commission has included                   provision of interexchange service. Of
                                               a single technology or a combination of                 small incumbent LECs in this present                  these, an estimated 317 have 1,500 or
                                               technologies. Establishments in this                    RFA analysis. As noted above, a ‘‘small               fewer employees and 42 have more than
                                               industry use the wired                                  business’’ under the RFA is one that,                 1,500 employees. Consequently, the
                                               telecommunications network facilities                   inter alia, meets the pertinent small                 Commission estimates that the majority
                                               that they operate to provide a variety of               business size standard (e.g., a telephone             of IXCs are small entities.
                                               services, such as wired telephony                       communications business having 1,500                     105. Other Toll Carriers. Neither the
                                               services, including VoIP services, wired                or fewer employees), and ‘‘is not                     Commission nor the SBA has developed
                                               (cable) audio and video programming                     dominant in its field of operation.’’ The             a size standard for small businesses
                                               distribution; and wired broadband                       SBA’s Office of Advocacy contends that,               specifically applicable to Other Toll
                                               Internet services. By exception,                        for RFA purposes, small incumbent                     Carriers. This category includes toll
                                               establishments providing satellite                      LECs are not dominant in their field of               carriers that do not fall within the
                                               television distribution services using                  operation because any such dominance                  categories of interexchange carriers,
                                               facilities and infrastructure that they                 is not ‘‘national’’ in scope. The                     operator service providers, prepaid
                                               operate are included in this industry.’’                Commission has therefore included                     calling card providers, satellite service
                                               The SBA has developed a small                           small incumbent LECs in this RFA                      carriers, or toll resellers. The closest
                                               business size standard for Wired                        analysis, although the Commission                     applicable size standard under SBA
                                               Telecommunications Carriers, which                      emphasizes that this RFA action has no                rules is for Wired Telecommunications
                                               consists of all such companies having                   effect on Commission analyses and                     Carriers. Under that size standard, such
                                               1,500 or fewer employees. According to                  determinations in other, non-RFA                      a business is small if it has 1,500 or
                                               Census Bureau data for 2007, there were                 contexts.                                             fewer employees. According to
                                               3,188 firms in this category, total, that                  103. Competitive Local Exchange                    Commission data, 284 companies
                                               operated for the entire year. Of this                   Carriers (Competitive LECs),                          reported that their primary
                                               total, 3,144 firms had employment of                    Competitive Access Providers (CAPs),                  telecommunications service activity was
                                               999 or fewer employees, and 44 firms                    Shared-Tenant Service Providers, and                  the provision of other toll carriage. Of
                                               had employment of 1000 employees or                     Other Local Service Providers. Neither                these, an estimated 279 have 1,500 or
                                               more. Thus, under this size standard,                   the Commission nor the SBA has                        fewer employees and five have more
                                               the majority of firms can be considered                 developed a small business size                       than 1,500 employees. Consequently,
                                               small.                                                  standard specifically for these service               the Commission estimates that most
                                                  100. Local Exchange Carriers (LECs).                 providers. The appropriate size standard              Other Toll Carriers are small entities.
                                               Neither the Commission nor the SBA                      under SBA rules is for the category
                                               has developed a size standard for small                 Wired Telecommunications Carriers.                    Wireless Providers
                                               businesses specifically applicable to                   Under that size standard, such a                         106. Wireless Telecommunications
                                               local exchange services. The closest                    business is small if it has 1,500 or fewer            Carriers (except Satellite). Since 2007,
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                                               applicable size standard under SBA                      employees. According to Commission                    the Census Bureau has placed wireless
                                               rules is for Wired Telecommunications                   data, 1,442 carriers reported that they               firms within this new, broad, economic
                                               Carriers. Under that size standard, such                were engaged in the provision of either               census category. The Census Bureau
                                               a business is small if it has 1,500 or                  competitive local exchange services or                defines this industry as comprising
                                               fewer employees. According to                           competitive access provider services. Of              ‘‘establishments engaged in operating
                                               Commission data, 1,307 carriers                         these 1,442 carriers, an estimated 1,256              and maintaining switching and
                                               reported that they were incumbent local                 have 1,500 or fewer employees and 186                 transmission facilities to provide


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                            33187

                                               communications via the airwaves.                        industry.’’ The SBA has developed a                   VoIP equipment. In light of this
                                               Establishments in this industry have                    small business size standard for this                 situation, the estimates below are in all
                                               spectrum licenses and provide services                  category; that size standard is $32.5                 likelihood overstating the number of
                                               using that spectrum, such as cellular                   million or less in average annual                     small entities that manufacture
                                               phone services, paging services,                        receipts. According to Census Bureau                  equipment used to provide
                                               wireless Internet access, and wireless                  data for 2007, there were 2,383 firms in              interconnected VoIP and which are
                                               video services.’’ Under the present and                 this category that operated for the entire            subject to the proposed section 716
                                               prior categories, the SBA has deemed a                  year. Of these, 2,346 firms had annual                rules. However, in the absence of more
                                               wireless business to be small if it has                 receipts of under $25 million.                        accurate data, the Commission presents
                                               1,500 or fewer employees. For the                       Consequently, the Commission                          these figures to provide as thorough an
                                               category of Wireless                                    estimates that the majority of these firms            analysis of the impact on small entities
                                               Telecommunications Carriers (except                     are small entities.                                   as it can at this time, with the
                                               Satellite), census data for 2007 show                      109. TRS Providers. These services                 understanding that it will modify its
                                               that there were 1,383 firms that operated               can be included within the broad                      analysis as more accurate data becomes
                                               for the entire year. Of this total, 1,368               economic category of All Other                        available in this proceeding.
                                               firms had employment of 999 or fewer                    Telecommunications. Seven providers                      111. Electronic Computer
                                               employees. Since all firms with fewer                   currently receive compensation from the               Manufacturing. The Census Bureau
                                               than 1,500 employees are considered                     Interstate Telecommunications Relay                   defines this category to include ‘‘. . .
                                               small, given the total employment in the                Service (TRS) Fund for providing TRS:                 establishments primarily engaged in
                                               sector, the Commission estimates that                   ASL Services Holdings, LLC; CSDVRS,                   manufacturing and/or assembling
                                               the vast majority of wireless firms are                 LLC; Convo Communications, LLC;                       electronic computers, such as
                                               small entities.                                         Hamilton Relay, Inc.; Purple                          mainframes, personal computers,
                                                                                                       Communications, Inc.; Sprint                          workstations, laptops, and computer
                                               Cable Service Providers                                 Communications, Inc. (Sprint); and                    servers. Computers can be analog,
                                                 107. Cable Companies and Systems                      Sorenson Communications, Inc.                         digital, or hybrid. Digital computers, the
                                               (Rate Regulation). The Commission has                   However, because Sprint’s primary                     most common type, are devices that do
                                               developed its own small business size                   business fits within the definition of                all of the following: (1) Store the
                                               standards for the purpose of cable rate                 Wireless Telecommunications Carriers                  processing program or programs and the
                                               regulation. Under the Commission’s                      (except Satellite), Sprint is not                     data immediately necessary for the
                                               rules, a ‘‘small cable company’’ is one                 considered to be within the category of               execution of the program; (2) can be
                                               serving 400,000 or fewer subscribers                    All Other Telecommunications. As a                    freely programmed in accordance with
                                               nationwide. Industry data indicate that                 result, six of the authorized TRS                     the requirements of the user; (3) perform
                                               there are currently 4,600 active cable                  providers can be included within the                  arithmetical computations specified by
                                               systems in the United States. Of this                   broad economic census category of All                 the user; and (4) execute, without
                                               total, all but nine cable operators                     Other Telecommunications. The SBA                     human intervention, a processing
                                               nationwide are small under the 400,000-                 has developed a small business size                   program that requires the computer to
                                               subscriber size standard. In addition,                  standard for All Other                                modify its execution by logical decision
                                               under the Commission’s rate regulation                  Telecommunications, which consists of                 during the processing run. Analog
                                               rules, a ‘‘small system’’ is a cable system             all such firms with gross annual receipts             computers are capable of simulating
                                               serving 15,000 or fewer subscribers.                    of $32.5 million or less. Under this                  mathematical models and contain at
                                               Current Commission records show 4,600                   category and the associated small                     least analog, control, and processing
                                               cable systems nationwide. Of this total,                business size standard, approximately                 elements. The manufacture of
                                               3,900 cable systems have fewer than                     half of the TRS providers can be                      computers includes the assembly of or
                                               15,000 subscribers, and 700 systems                     considered small.                                     integration of processors, co-processors,
                                               have 15,000 or more subscribers. Thus,                                                                        memory, storage, and input/output
                                               under this standard, the Commission                     Manufacturers of Equipment To Provide
                                                                                                                                                             devices into a user-programmable final
                                               estimates that most cable systems are                   VoIP
                                                                                                                                                             product. The manufacture of computers
                                               small entities.                                            110. Entities manufacturing                        includes the assembly or integration of
                                                                                                       equipment used to provide                             processors, coprocessors, memory,
                                               All Other Telecommunications                            interconnected VoIP, non-                             storage, and input/output devices into a
                                                  108. All Other Telecommunications.                   interconnected VoIP, or both are                      user-programmable final product.’’ In
                                               The Census Bureau defines this industry                 generally found in one of two Census                  this category, the SBA has deemed an
                                               as including ‘‘establishments primarily                 Bureau categories, ‘‘Electronic                       electronic computer manufacturing
                                               engaged in providing specialized                        Computer Manufacturing’’ or                           business to be small if it has fewer than
                                               telecommunications services, such as                    ‘‘Telephone Apparatus Manufacturing.’’                1,000 employees. According to Census
                                               satellite tracking, communications                      While the Commission recognizes that                  Bureau data for 2007, there were 425
                                               telemetry, and radar station operation.                 the manufacturers of equipment used to                establishments in this category that
                                               This industry also includes                             provide interconnected VoIP will                      operated that year. Of these, 419 had
                                               establishments primarily engaged in                     continue to be regulated under section                less 1,000 employees. Consequently, the
                                               providing satellite terminal stations and               255 of the Act rather than under section              Commission estimates that the majority
                                               associated facilities connected with one                716 of the Act, the Commission includes               of these establishments are small
                                               or more terrestrial systems and capable                 here an analysis of the possible
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                                                                                                                                                             entities.
                                               of transmitting telecommunications to,                  significant economic impact of the                       112. Telephone Apparatus
                                               and receiving telecommunications from,                  Commission’s proposed rules on                        Manufacturing. The Census Bureau
                                               satellite systems. Establishments                       manufacturers of equipment used to                    defines this category to comprise
                                               providing Internet services or Voice                    provide both interconnected and non-                  ‘‘establishments primarily engaged in
                                               over Internet Protocol (VoIP) services                  interconnected VoIP because it was not                manufacturing wire telephone and data
                                               via client-supplied telecommunications                  possible to separate available data on                communications equipment.’’ The
                                               connections are also included in this                   these two manufacturing categories for                Census Bureau further states: ‘‘These


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                                               33188                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               products may be stand alone or board-                   broadcast and wireless communications                 conferencing services are generally
                                               level components of a larger system.                    equipment. Examples of products made                  found in the Census Bureau category:
                                               Examples of products made by these                      by the establishments are: Transmitting               ‘‘Other Communications Equipment
                                               establishments are central office                       and receiving antennas, cable television              Manufacturing.’’ The Census Bureau
                                               switching equipment, cordless                           equipment, GPS equipment, pagers,                     defines this category to include: ‘‘. . .
                                               telephones (except cellular), PBX                       cellular phones, mobile                               establishments primarily engaged in
                                               equipment, telephones, telephone                        communications equipment, and radio                   manufacturing communications
                                               answering machines, LAN modems,                         and television studio and broadcasting                equipment (except telephone apparatus,
                                               multi-user modems, and other data                       equipment.’’ The SBA has established a                and radio and television broadcast, and
                                               communications equipment, such as                       size standard for this industry that                  wireless communications equipment).’’
                                               bridges, routers, and gateways.’’                       classifies any business in this industry              In this category, the SBA has deemed a
                                                  113. In this category, the SBA has                   as small if it has 750 or fewer                       business manufacturing other
                                               deemed a telephone apparatus                            employees. Census Bureau data for 2007                communications equipment to be small
                                               manufacturing business to be small if it                indicate that in that year 939 such                   if it has fewer than 750 employees. For
                                               has fewer than 1,000 employees. For                     businesses operated. Of that number,                  this category of manufacturers, Census
                                               this category of manufacturers, Census                  912 businesses operated with less than                data for 2007 show that there were 452
                                               data for 2007 show that there were 398                  500 employees. Based on this data, the                such establishments that operated that
                                               such establishments that operated that                  Commission concludes that a majority                  year. Of those 452 establishments, all
                                               year. Of those 398 establishments, 393                  of businesses in this industry are small              452 (100%) had fewer than 1,000
                                               (approximately 99%) had fewer than                      by the SBA standard.                                  employees and 448 of those 452
                                               1,000 employees and, thus, would be                        117. Electronic Computer                           (approximately 99%) had fewer than
                                               deemed small under the applicable SBA                   Manufacturing. This category                          500 employees. Between these two
                                               size standard. Accordingly, the majority                ‘‘comprises establishments primarily                  figures, the Commission estimates that
                                               of establishments in this category can be               engaged in manufacturing and/or                       about 450 establishments
                                               considered small under that standard.                   assembling electronic computers, such                 (approximately 99.6%) had fewer than
                                               On this basis, the Commission                           as mainframes, personal computers,                    750 employees and, thus, would be
                                               continues to estimate that                              workstations, laptops, and computer                   considered small under the applicable
                                               approximately 99% or more of the                        servers. Computers can be analog,                     SBA size standard. Accordingly, the
                                               manufacturers of equipment used to                      digital, or hybrid. Digital computers, the            majority of establishments in this
                                               provide VoIP in this category are small                 most common type, are devices that do                 category can be considered small under
                                               entities.                                               all of the following: (1) Store the                   that standard. On this basis,
                                                  114. Computer Terminal                               processing program or programs and the                Commission estimates that
                                               Manufacturing. This category                            data immediately necessary for the                    approximately 99.6% or more of the
                                               ‘‘comprises establishments primarily                    execution of the program; (2) can be                  manufacturers of equipment used to
                                               engaged in manufacturing computer                       freely programmed in accordance with                  provide interoperable and other video
                                               terminals. Computer terminals are                       the requirements of the user; (3) perform             conferencing services are small entities.
                                               input/output devices that connect with                  arithmetical computations specified by
                                               a central computer for processing.’’ The                the user; and (4) execute, without                    Manufacturers of Software
                                               SBA has developed a small business                      human intervention, a processing                        119. Entities that publish software
                                               size standard for this category of                      program that requires the computer to                 used to provide interconnected VoIP,
                                               manufacturing; that size standard is                    modify its execution by logical decision              non-interconnected VoIP, electronic
                                               1,000 or fewer employees. According to                  during the processing run. Analog                     messaging services, or interoperable
                                               Census Bureau data for 2007, there were                 computers are capable of simulating                   video conferencing services are found in
                                               43 establishments in this category that                 mathematical models and contain at                    the Census Bureau category ‘‘Software
                                               operated that year. Of this total, all 43               least analog, control, and programming                Publishers.’’
                                               had less than 500 employees.                            elements. The manufacture of                            120. Software Publishers. This
                                               Consequently, the Commission                            computers includes the assembly or                    category ‘‘comprises establishments
                                               estimates that the majority of these                    integration of processors, coprocessors,              primarily engaged in computer software
                                               establishments are small entities.                      memory, storage, and input/output                     publishing or publishing and
                                                                                                       devices into a user-programmable final                reproduction. This industry comprises
                                               Manufacturers of Equipment To Provide                                                                         establishments primarily engaged in
                                                                                                       product.’’ The SBA has developed a
                                               Electronic Messaging                                                                                          computer software publishing or
                                                                                                       small business size standard for this
                                                  115. Entities that manufacture                       category of manufacturing; that size                  publishing and reproduction.
                                               equipment (other than software) used to                 standard is 1,000 or fewer employees.                 Establishments in this industry carry
                                               provide electronic messaging services                   According to Census Bureau data for                   out operations necessary for producing
                                               are generally found in one of three                     2007, there were 425 establishments in                and distributing computer software,
                                               Census Bureau categories: ‘‘Radio and                   this category that operated that year. Of             such as designing, providing
                                               Television Broadcasting and Wireless                    these, 419 had less 1,000 employees.                  documentation, assisting in installation,
                                               Communications Equipment                                Consequently, the Commission                          and providing support services to
                                               Manufacturing,’’ ‘‘Electronic Computer                  estimates that the majority of these                  software purchasers. These
                                               Manufacturing,’’ or ‘‘Telephone                         establishments are small entities.                    establishments may design, develop,
                                               Apparatus Manufacturing.’’                                                                                    and publish, or publish only.’’ The SBA
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                                                  116. Radio and Television                            Manufacturers of Equipment To Provide                 has developed a small business size
                                               Broadcasting and Wireless                               Interoperable Video Conferencing                      standard for software publishers, which
                                               Communications Equipment                                Services                                              consists of all such firms with gross
                                               Manufacturing. The Census Bureau                          118. Other Communications                           annual receipts of $38.5 million or less.
                                               defines this industry as comprising                     Equipment Manufacturing. Entities that                For this category, census data for 2007
                                               ‘‘establishments primarily engaged in                   manufacture equipment used to provide                 show that there were 5,313 firms that
                                               manufacturing radio and television                      interoperable and other video                         operated for the entire year. Of those


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                              33189

                                               firms, a total of 4,956 had gross annual                Additionally, with the proposal to phase              316, 403, 615c, 616, 617, document FCC
                                               receipts less than $25 million. Thus, a                 out TTY technology, the burden is                     16–53 IS ADOPTED.
                                               majority of software publishers                         reduced for small entities and                          The Commission’s Consumer
                                               potentially affected by the proposals in                emergency call centers to maintain such               Information Bureau, Reference
                                               document FCC 16–53 can be considered                    technology in the long term.                          Information Center, SHALL SEND a
                                               small.                                                     124. The Commission proposes an                    copy of document FCC 16–53, including
                                                                                                       implementation deadline for RTT                       the Initial Regulatory Flexibility
                                               Description of Projected Reporting,                     technology of December 31, 2017, for                  Analysis, to the Chief Counsel for
                                               Recordkeeping, and Other Compliance                     the wireless providers that offer
                                               Requirements                                                                                                  Advocacy of the Small Business
                                                                                                       nationwide service, and manufacturers                 Administration.
                                                  121. Although document FCC 16–53                     of end user devices authorized for their
                                               proposes to require support for RTT in                  services, and to reduce the burden and                List of Subjects
                                               lieu of TTY technologies in all IP-based                relieve possible adverse economic                     47 CFR Part 6
                                               wireless services, and seeks comment                    impact on small entities, seeks comment
                                               on whether to require the                                                                                       Individuals with disabilities, Access
                                                                                                       on an appropriate deadline for all other
                                               implementation of RTT in IP-based                       wireless providers and equipment                      to telecommunication service and
                                               wireline networks, document FCC 16–                     manufacturers. In addition, the                       equipment, and Customer premise
                                               53, for the most part, does not propose                 Commission seeks comment from                         equipment.
                                               or seek comment on new or modified                      providers of wireline VoIP services,                  47 CFR Part 7
                                               reporting, recordkeeping, and other                     including small entities, on the
                                               compliance requirements. However,                                                                               Individuals with disabilities, Access
                                                                                                       appropriate timing for incorporation of               to voice mail and interactive menu
                                               document FCC 16–53 seeks comment on                     RTT capabilities into wireline VoIP
                                               the best means of informing the public,                                                                       services and equipment.
                                                                                                       services and end user devices.
                                               including businesses, governmental                         125. In document FCC 16–53, while                  47 CFR Part 14
                                               agencies, and individuals with                          the Commission proposes a ‘‘safe                        Individuals with disabilities, Access
                                               disabilities who will be directly affected              harbor’’ technical standard to ensure                 to advanced communication services
                                               by the transition, about the migration                  RTT interoperability, it proposes to                  and equipment.
                                               from TTY technology to RTT and the                      allow service providers and carriers to
                                               mechanics of how this technology will                   use alternative protocols for RTT,                    47 CFR Part 20
                                               work.                                                   provided that they are interoperable.                   Commercial mobile services,
                                               Steps Taken To Minimize Significant                     Further, throughout the item, flexibility             Individuals with disabilities, Access to
                                               Economic Impact on Small Entities, and                  is integrated in the proposed                         911 services.
                                               Significant Alternatives Considered                     requirements in order to take into
                                                                                                       consideration the limitations of small                47 CFR Part 64
                                                 122. The RFA requires an agency to                    businesses. For instance, the proposed                  Telecommunications relay services,
                                               describe any significant, specifically                  requirement that equipment                            Individuals with disabilities.
                                               small business, alternatives that it has                manufacturers supporting RTT offer
                                               considered in reaching its proposed                     certain functions as native features on               47 CFR Part 67
                                               approach, which may include the                         VoIP-enabled terminal devices that can                  Real-time text, Individuals with
                                               following four alternatives (among                      send, receive, and display text is subject            disabilities.
                                               others): ‘‘(1) The establishment of                     to the condition that such features be
                                               differing compliance or reporting                                                                             Federal Communications Commission.
                                                                                                       achievable. As such, the Commission                   Marlene H. Dortch,
                                               requirements or timetables that take into               anticipates that these proposals will
                                               account the resources available to small                                                                      Secretary.
                                                                                                       have little to no impact on small entities
                                               entities; (2) the clarification,                        that are eligible to claim that the                     For the reasons discussed in the
                                               consolidation, or simplification of                     requirement is not achievable.                        preamble, the Federal Communications
                                               compliance or reporting requirements                       126. The Commission believes that                  Commission proposes to amend 47 CFR
                                               under the rule for small entities; (3) the              any requirement for service providers                 parts 6, 7, 14, 20, 64, and 67 as follows:
                                               use of performance, rather than design,                 and manufacturers to implement
                                               standards; and (4) an exemption from                                                                          PART 6—ACCESS TO
                                                                                                       outreach and notification to consumers
                                               coverage of the rule, or any part thereof,                                                                    TELECOMMUNICATIONS SERVICE,
                                                                                                       about the transition from TTY to RTT
                                               for small entities.’’                                                                                         TELECOMMUNICATIONS EQUIPMENT
                                                                                                       will not require significant additional
                                                 123. Document FCC 16–53 proposes                                                                            AND CUSTOMER PREMISES
                                                                                                       resources for small entities, and in any
                                               rules intended to replace obsolete TTY                                                                        EQUIPMENT BY PERSONS WITH
                                                                                                       event would be outweighed by the need
                                               technology with RTT to ensure                                                                                 DISABILITIES
                                                                                                       for consumers to understand the
                                               consumer access to IP services via                      changes in the services and associated
                                               wireless text-based communications and                                                                        ■ 1. The authority citation for part 6
                                                                                                       equipment that they will be receiving.                continues to read as follows:
                                               seeks comment on whether to do the
                                               same for wireline text-based                            Federal Rules Which Duplicate,                          Authority: 47 U.S.C. 151–154, 251, 255,
                                               communications. RTT technology may                      Overlap, or Conflict With, the                        and 303(r).
                                               simplify the accessibility obligations of               Commission’s Proposals                                ■ 2. Amend § 6.3 by adding paragraphs
                                               small businesses, because RTT allows
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                                                                                                         127. None.                                          (a)(3), (b)(5), (m), and (n) to read as
                                               calls to be made using the built-in                                                                           follows:
                                               functionality of a wide selection of off-               Ordering Clauses
                                               the shelf devices, and thus may alleviate                 Pursuant to sections 4(i), 225, 255,                § 6.3    Definitions.
                                               the high costs and challenges faced by                  301, 303(r), 316, 403, 715, and 716 of                  (a) * * *
                                               small businesses and customers in                       the Communications Act of 1934, as                      (3) Real-Time Text. Effective
                                               locating dedicated external assistive                   amended, and section 106 of the CVAA,                 December 31, 2017, for wireless VoIP
                                               devices, such as specialty phones.                      47 U.S.C. 154(i), 225, 255, 301, 303(r),              services and text-capable user devices


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                                               33190                  Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                               used with such services, the service or                 ■ 6. Amend § 14.10 by adding                          communications among members of the
                                               device supports real-time text                          paragraphs (w) and (x) to read as                     public or a substantial portion of the
                                               communications, in accordance with 47                   follows:                                              public. Effective December 31, 2017,
                                               CFR part 67.                                                                                                  such service providers transmitting over
                                                 (b) * * *                                             § 14.10   Definitions.                                IP facilities shall support 911 access via
                                                 (5) Wireless VoIP Exemption. Wireless                 *     *     *     *    *                              real-time text communications for
                                               VoIP services and equipment used with                     (w) The term real-time text shall have              individuals who are deaf, hard of
                                               such services are not required to                       the meaning set forth in § 67.1 of this               hearing, speech-disabled, and deaf-
                                               provide TTY connectability and TTY                      chapter.                                              blind, in accordance with 47 CFR part
                                               signal compatibility if such services and                 (x) The term text-capable user device               67.
                                               equipment support real-time text, in                    means end user equipment that is able                 *     *      *     *    *
                                               accordance with 47 CFR part 67.                         to send, receive, and display text.
                                               *     *     *     *     *                               ■ 7. Amend § 14.21 by adding                          PART 64—MISCELLANEOUS RULES
                                                 (m) The term real-time text shall have                paragraphs (b)(3) and (d)(5) to read as               RELATING TO COMMON CARRIERS
                                               the meaning set forth in § 67.1 of this                 follows:
                                               chapter.                                                                                                      ■ 10. The authority citation for part 64
                                                                                                       § 14.21   Performance Objectives.                     continues to read as follows:
                                                 (n) The term text-capable user device
                                               means customer premises equipment                       *     *     *     *    *                                Authority: 47 U.S.C. 154, 254(k),
                                               that is able to send, receive, and display                (b) * * *                                           403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat.
                                               text.                                                     (3) Real-Time Text. Effective July 31,              56. Interpret or apply 47 U.S.C. 201, 218, 222,
                                                                                                       2017, for wireless VoIP services and                  225, 226, 227, 228, 254(k), 616, 620, and the
                                               PART 7—ACCESS TO VOICEMAIL AND                          text-capable user devices used with                   Middle Class Tax Relief and Job Creation Act
                                               INTERACTIVE MENU SERVICES AND                           such services, the service or device                  of 2012, Pub. L. 112–96, unless otherwise
                                                                                                                                                             noted.
                                               EQUIPMENT BY PEOPLE WITH                                supports real-time text communications,
                                               DISABILITIES                                            in accordance with 47 CFR part 67.                    ■ 11. Amend § 64.601 by revising
                                                                                                       *     *     *     *    *                              paragraphs (a)(13), (a)(15), and (a)(42),
                                               ■ 3. The authority citation for part 7                                                                        and adding paragraph (a)(46), to read as
                                               continues to read as follows:                             (d) * * *
                                                                                                         (5) Wireless VoIP Exemption. Wireless               follows:
                                                 Authority: 47 U.S.C. 1, 154(i), 154(j), 208,          VoIP services and equipment are not
                                               and 255.                                                                                                      § 64.601 Definitions and provisions of
                                                                                                       required to provide TTY connectability                general applicability.
                                               ■ 4. Amend § 7.3 by adding paragraphs                   and TTY signal compatibility if such
                                               (a)(3), (b)(5), (n), and (o) to read as                                                                       *      *     *    *     *
                                                                                                       services and equipment support real-                     (a)(13) Hearing carry over (HCO). A
                                               follows:                                                time text, in accordance with 47 CFR                  form of TRS where the person with the
                                               § 7.3   Definitions.                                    part 67.                                              speech disability is able to listen to the
                                                 (a) * * *                                                                                                   other end user and, in reply, the CA
                                                                                                       PART 20—COMMERCIAL MOBILE
                                                 (3) Real-Time Text. Effective                                                                               speaks the text as typed by the person
                                                                                                       SERVICES
                                               December 31, 2017, for wireless VoIP                                                                          with the speech disability. The CA does
                                               services and text-capable user devices                  ■ 8. The authority citation for part 20               not type any conversation. Two-line
                                               used with such services, the service or                 continues to read as follows:                         HCO is an HCO service that allows TRS
                                               equipment supports real-time text                         Authority: 47 U.S.C. 151, 152(a), 154(i),           users to use one telephone line for
                                               communications, in accordance with 47                   157, 160, 201, 214, 222, 251(e), 301, 302, 303,       hearing and the other for sending TTY
                                               CFR part 67.                                            303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316,     messages. HCO-to-TTY allows a relay
                                                 (b) * * *                                             316(a), 332, 610, 615, 615a, 615b, 615c.              conversation to take place between an
                                                 (5) Wireless VoIP Exemption. Wireless                                                                       HCO user and a TTY user. HCO-to-RTT
                                               VoIP services and equipment are not                     ■ 9. Amend § 20.18 by revising
                                                                                                       paragraph (c) to read as follows:                     is an HCO service that allows a relay
                                               required to provide TTY connectability                                                                        conversation to take place between an
                                               and TTY signal compatibility if such                    § 20.18   911 Service.                                HCO user and an RTT user. HCO-to-
                                               services and equipment support real-                    *      *     *     *    *                             HCO allows a relay conversation to take
                                               time text, in accordance with 47 CFR                      (c) Access to 911 services. (1) Except              place between two HCO users.
                                               part 67.                                                as provided in paragraph (c)(2) of this               *      *     *    *     *
                                               *     *     *     *     *                               section, CMRS providers subject to this                  (15) Internet-based TRS (iTRS). A
                                                 (n) The term real-time text shall have                section must be capable of transmitting               telecommunications relay service (TRS)
                                               the meaning set forth in § 67.1 of this                 911 calls from individuals who are deaf,              in which an individual with a hearing
                                               chapter.                                                hard of hearing, speech-disabled, and                 or a speech disability connects to a TRS
                                                 (o) The term text-capable user device                 deaf-blind through the use of Text                    communications assistant using an
                                               means customer premises equipment                       Telephone Devices (TTY), except that                  Internet Protocol-enabled device via the
                                               that is able to send, receive, and display              CMRS providers transmitting over IP                   Internet, rather than the public switched
                                               text.                                                   facilities are not subject to this                    telephone network. Except as
                                                                                                       requirement if the CMRS provider                      authorized or required by the
                                               PART 14—ACCESS TO ADVANCED                                                                                    Commission, Internet-based TRS does
                                               COMMUNICATIONS SERVICES AND                             supports real-time text communications,
                                                                                                       in accordance with 47 CFR part 67.                    not include the use of a text telephone
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                                               EQUIPMENT BY PEOPLE WITH                                                                                      (TTY) or real-time text (RTT) over an
                                               DISABILITIES                                              (2) Notwithstanding any other
                                                                                                       limitation of coverage in this section,               interconnected voice over Internet
                                               ■ 5. The authority citation for part 14                 the requirements of this paragraph (c)(2)             Protocol service.
                                               continues to read as follows:                           apply to providers of digital mobile                  *      *     *    *     *
                                                 Authority: 47 U.S.C. 151–154, 255, 303,               service in the United States to the extent               (42) Voice carry over (VCO). A form
                                               403, 503, 617, 618, 619 unless otherwise                that they offer terrestrial mobile service            of TRS where the person with the
                                               noted.                                                  that enables two-way real-time voice                  hearing disability is able to speak


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                                                                     Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules                                             33191

                                               directly to the other end user. The CA                  stay with the call for a minimum of ten                user devices using its service support
                                               types the response back to the person                   minutes.                                               RTT in compliance with this section.
                                               with the hearing disability. The CA does                *     *     *      *    *                                 (b) Manufacturer Obligations. A
                                               not voice the conversation. Two-line                      (vii) TRS shall transmit conversations               manufacturer shall ensure that its
                                               VCO is a VCO service that allows TRS                    between TTY or RTT callers and voice                   authorized user devices support RTT in
                                               users to use one telephone line for                     callers in real time.                                  compliance with this section.
                                               voicing and the other for receiving TTY                                                                           (c) RTT–RTT Interoperability.
                                                                                                       *     *     *      *    *
                                               messages. A VCO-to-TTY TRS call                                                                                Covered services and authorized user
                                                                                                       ■ 14. Add part 67 to read as follows:
                                               allows a relay conversation to take place                                                                      devices shall be interoperable with
                                               between a VCO user and a TTY user.                      PART 67—REAL-TIME TEXT                                 other services and devices that support
                                               VCO-to-RTT is a VCO service that                                                                               RTT in accordance with this part. RFC
                                               allows a relay conversation to take place               Sec.                                                   4103-conforming services and user
                                               between a VCO user and an RTT user.                     67.1    Definitions.                                   devices shall be deemed to comply with
                                               VCO-to-VCO allows a relay conversation                  67.2    Service Provider and Manufacturer              this paragraph (c). Other covered
                                                                                                              Obligations; Minimum Functionalities.           services or authorized user devices shall
                                               to take place between two VCO users.
                                               *     *     *     *      *                                Authority: 47 U.S.C. 151–154, 225, 251,              be deemed to comply if RTT
                                                                                                       255, 301, 303, 307, 309, 316, 615c, 616, 617.          communications between such service
                                                  (46) Real-Time Text (RTT). The term
                                               real-time text shall have the meaning set               § 67.1    Definitions.
                                                                                                                                                              or user device and an RFC 4103-
                                               forth in § 67.1 of this chapter.                                                                               conforming service or user device are
                                                                                                         (a) ‘‘Authorized user device’’ means a               reliably and accurately transcoded
                                               *     *     *     *      *                              handset or other end user device that is                  (1) To and from RFC 4103, or
                                               ■ 12. Amend § 64.603 by revising the                    authorized by the provider of a covered                   (2) To and from an internetworking
                                               introductory text to read as follows:                   service for use with that service and is               protocol mutually agreed-upon with the
                                                                                                       able to send, receive, and display text.               owner of the network serving the RFC
                                               § 64.603   Provision of services.
                                                                                                         (b) ‘‘Covered service’’ means a VoIP or              4103-conforming service or device.
                                                  Each common carrier providing                        other service that is permitted or                        (d) RTT–TTY Interoperability.
                                               telephone voice transmission services                   required to support RTT pursuant to                    Covered services and authorized user
                                               shall provide, in compliance with the                   parts 6, 7, 14, 20, or 64 of this chapter.             devices shall be interoperable with
                                               regulations prescribed herein,                            (c) ‘‘RFC 4103’’ means standard                      TTYs connected to other networks.
                                               throughout the area in which it offers                  Internet Engineering Task Force (IETF)                 Covered services and authorized user
                                               services, telecommunications relay                      Request for Comments (RFC) 4103, Real-                 devices shall be deemed to comply with
                                               services, individually, through                         time Transport Protocol Payload for                    this paragraph (d) if communications to
                                               designees, through a competitively                      Text Conversation (2005) and any                       and from such TTYs:
                                               selected vendor, or in concert with other               successor protocol published by the                       (1) Pass through an RFC 4103–TTY
                                               carriers, including relay services                      IETF. RFC 4103 is available at: http://                gateway, or
                                               accessed via RTT communications.                        www.ietf.org/rfc/rfc4103.txt.                             (2) Are reliably and accurately
                                               Interstate Spanish language relay service                 (d) ‘‘RFC 4103-conforming’’ service or               transcoded to and from an
                                               shall be provided. Speech-to-speech                     user device means a covered service or                 internetworking protocol mutually
                                               relay service also shall be provided,                   authorized user device that enables                    agreed-upon with the owner of the
                                               except that speech-to-speech relay                      initiation, sending, transmission,                     network serving the TTY.
                                               service need not be provided by IP                      reception, and display of RTT                             (e) Device Portability. Authorized user
                                               Relay providers, VRS providers,                         communications in conformity with                      devices shall be portable among service
                                               captioned telephone relay service                       RFC 4103.                                              providers for RTT communications to
                                               providers, and IP CTS providers. In                       (e) ‘‘RFC 4103–TTY gateway’’ means                   the same extent as for voice
                                               addition, each common carrier                           a gateway that is able to reliably and                 communications.
                                               providing telephone voice transmission                  accurately transcode communications                       (f) Features and Capabilities. Covered
                                               services shall provide access via the 711               between:                                               services and authorized user devices
                                               dialing code to all relay services as a toll              (1) RFC 4103-conforming services and                 shall enable the user to:
                                               free call. Wireless VoIP service                        devices and;                                              (1) Initiate and receive RTT calls to
                                               providers are not required to provide                     (2) Circuit-switched networks that                   and from the same telephone numbers
                                               such access to TTY users if they provide                support communications between TTYs.                   for which they initiate and receive voice
                                               711 dialing code access by supporting                     (f) ‘‘Real-time text (RTT)’’ or ‘‘RTT                calls;
                                               real-time text communications, in                       communications’’ means text                               (2) Transmit and receive RTT
                                               accordance with 47 CFR part 67.                         communications that are transmitted                    communications to and from any 911
                                               Effective [insert date], wireless VoIP                  over Internet Protocol (IP) networks                   public safety answering point (PSAP) in
                                               service providers shall provide 711                     immediately as they are typed, e.g., on                the United States;
                                               dialing code access by supporting real-                 a character-by-character basis.                           (3) Transmit text instantly, so that
                                               time text communications, in                              (g) ‘‘Support RTT’’ or ‘‘support RTT                 each text character appears on the
                                               accordance with 47 CFR part 67.                         communications’’ means to enable users                 receiving device within one second of
                                               *     *     *     *     *                               to initiate, send, transmit, receive, and              when it is generated on the sending
                                               ■ 13. Amend § 64.604 by revising                        display RTT communications in                          device, with no more than 0.2 percent
                                                                                                                                                              character error rate;
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                                               paragraphs (a)(1)(v) and (vii) to read as               accordance with the applicable
                                               follows:                                                provisions of this part.                                  (4) Send and receive text and voice
                                                                                                                                                              simultaneously in both directions on the
                                               § 64.604   Mandatory minimum standards.                 § 67.2 Service Provider and Manufacturer               same call using a single device;
                                                 (a) * * *                                             Obligations; minimum functionalities.                     (5) Transfer RTT calls and initiate
                                                 (1) * * *                                               (a) Service Provider Obligations. A                  conference calls using the same
                                                 (v) CAs answering and placing a TTY-                  provider of a covered service shall                    procedures used for voice
                                               or RTT-based TRS call or VRS call shall                 ensure that its service and all authorized             communication;


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                                               33192                 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules

                                                 (6) Use RTT to communicate with and                   on the screen. Please include your                    annual inventory that includes
                                               retrieve messages from messaging,                       name, company name (if any), and                      contractor GHG management practices,
                                               automated attendant, and interactive                    ‘‘FAR Case 2015–024’’ on your attached                greater insight into the scope of GHG
                                               voice response systems; and                             document.                                             management by companies seeking to
                                                 (7) Transmit caller identification and                   • Mail: General Services                           do business with the Federal
                                               conduct similar telecommunication                       Administration, Regulatory Secretariat                Government is needed. This information
                                               functions with RTT communications.                      (MVCB), ATTN: Ms. Flowers, 1800 F                     will help the Government assess
                                               [FR Doc. 2016–12057 Filed 5–24–16; 8:45 am]             Street NW., 2nd Floor, Washington, DC                 supplier GHG management practices
                                               BILLING CODE 6712–01–P                                  20405–0001.                                           and assist agencies in developing
                                                                                                          Instructions: Please submit comments               strategies to engage with contractors to
                                                                                                       only and cite ‘‘FAR Case 2015–024:                    reduce supply chain emissions as
                                               DEPARTMENT OF DEFENSE                                   Public Disclosure of Greenhouse Gas                   directed in E.O. 13693.
                                                                                                       Emissions and Reduction Goals—                           Public disclosure of GHG emissions
                                               GENERAL SERVICES                                        Representation’’ in all correspondence                and reduction goals or targets has
                                               ADMINISTRATION                                          related to this case. Comments received               become standard practice in many
                                                                                                       generally will be posted without change               industries, and companies are
                                               NATIONAL AERONAUTICS AND                                to http://www.regulations.gov, including              increasingly asking their own suppliers
                                               SPACE ADMINISTRATION                                    any personal and/or business                          about their GHG management practices.
                                                                                                       confidential information provided. To                 Performing a GHG inventory provides
                                               48 CFR Parts 1, 4, 23, and 52                           confirm receipt of your comment(s),                   insight into operations, spurs
                                                                                                       please check www.regulations.gov,                     innovation, and helps identify
                                               [FAR Case 2015–024; Docket No. 2015–                                                                          opportunities for efficiency and savings
                                                                                                       approximately two to three days after
                                               0024, Sequence No. 1]                                                                                         that can result in both environmental
                                                                                                       submission to verify posting (except
                                               RIN 9000–AN20                                           allow 30 days for posting of comments                 and financial benefits. By asking
                                                                                                       submitted by mail).                                   suppliers whether or not they publicly
                                               Federal Acquisition Regulation: Public                                                                        report emissions and reduction targets,
                                                                                                       FOR FURTHER INFORMATION CONTACT: Mr.
                                               Disclosure of Greenhouse Gas                                                                                  the Federal Government will have
                                                                                                       Charles Gray, Procurement Analyst, at
                                               Emissions and Reduction Goals—                                                                                accurate, up-to-date information on its
                                                                                                       703–795–6328 for clarification of
                                               Representation (FAR Case 2015–024)                                                                            suppliers. An annual representation will
                                                                                                       content. For information pertaining to
                                                                                                                                                             promote transparency and demonstrate
                                               AGENCY:  Department of Defense (DoD),                   status or publication schedules, contact
                                                                                                                                                             the Federal Government’s commitment
                                               General Services Administration (GSA),                  the Regulatory Secretariat Division at
                                                                                                                                                             to reducing supply chain emissions.
                                               and National Aeronautics and Space                      202–501–4755.
                                                                                                                                                             Furthermore, by promoting GHG
                                               Administration (NASA).                                  SUPPLEMENTARY INFORMATION:                            management and emissions reductions
                                               ACTION: Proposed rule.                                                                                        in its supply chain, the Federal
                                                                                                       I. Background
                                               SUMMARY:    DoD, GSA, and NASA are                                                                            Government will encourage supplier
                                                                                                          President Obama has made                           innovation, greater efficiency, and cost
                                               proposing to amend the Federal                          greenhouse gas (GHG) emissions                        savings, benefitting both the
                                               Acquisition Regulation (FAR) to create                  reduction a priority. In 2015, the                    Government and suppliers and adding
                                               an annual representation within the                     Administration announced a new target                 value to the procurement process.
                                               System for Award Management for                         to reduce Federal Government
                                               vendors to indicate if and where they                   emissions by 40 percent below 2008                    II. Discussion and Analysis
                                               publicly disclose greenhouse gas                        levels by 2025. Through Executive                        Accordingly, DoD, GSA, and NASA
                                               emissions and greenhouse gas reduction                  Order (E.O.) 13693, Planning for Federal              are proposing to revise the FAR to add
                                               goals or targets. This information will                 Sustainability in the Next Decade                     an annual representation within the
                                               help the Government assess supplier                     (published at 80 FR 15871, on March 19,               System for Award Management (SAM)
                                               greenhouse gas management practices                     2015), the President established a                    for offerors to indicate if and where they
                                               and assist agencies in developing                       strategy to reduce GHG emissions across               publicly disclose GHG emissions and
                                               strategies to engage with contractors to                Federal operations and the supply                     GHG reduction goals or targets. This
                                               reduce supply chain emissions, as                       chain, including specific actions to                  representation would be mandatory
                                               directed in the Executive Order on                      better understand and manage the                      only for vendors who received $7.5
                                               Planning for Federal Sustainability in                  implications of supply chain emissions.               million or more in Federal contract
                                               the Next Decade.                                        To that end, E.O. 13693 requires the                  awards in the preceding Federal fiscal
                                               DATES: Interested parties should submit                 seven largest procuring agencies to                   year. The representation would be
                                               written comments to the Regulatory                      implement procurements that take into                 voluntary for all other vendors.
                                               Secretariat Division at one of the                      consideration contractor GHG emissions                Additionally, as long as the vendor’s
                                               addresses shown below on or before                      and directs the Council on                            emissions are reported publicly—either
                                               July 25, 2016 to be considered in the                   Environmental Quality to release an                   by the entity itself or rolled up into the
                                               formation of the final rule.                            annual inventory of major suppliers that              public emissions report of a parent
                                               ADDRESSES: Submit comments in                           includes information on whether those                 company—the emissions would be
                                               response to FAR Case 2015–024 by any                    suppliers publicly disclose GHG                       considered publicly reported.
                                               of the following methods:                               emissions and GHG reduction targets.                     In addition to adding the new
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                                                  • Regulations.gov: http://                           E.O. 13693 supersedes E.O.s 13423 and                 representation at FAR 52.223–ZZ,
                                               www.regulations.gov. Submit comments                    13514.                                                Public Disclosure of Greenhouse Gas
                                               via the Federal eRulemaking portal by                      In order to identify opportunities to              Emissions and Reduction Goals—
                                               searching for ‘‘FAR Case 2015–024’’.                    reduce supply chain emissions, develop                Representation, this rule proposes to—
                                               Select the link ‘‘Comment Now’’ that                    and implement procurements that                          • Revise the definition of
                                               corresponds with ‘‘FAR Case 2015–                       incorporate consideration of those                    ‘‘greenhouse gases’’ at FAR 23.001 to
                                               024’’. Follow the instructions provided                 emissions, and develop an accurate                    add nitrogen trifluoride, in accordance


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Document Created: 2018-02-07 15:03:12
Document Modified: 2018-02-07 15:03:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due July 11, 2016 and Reply Comments are due July 25, 2016.
ContactSuzy Rosen Singleton, Consumer and Governmental Affairs Bureau, at 202-510-9446 or email [email protected], or Robert Aldrich, Consumer and Governmental Affairs Bureau, at 202-418-0996 or email [email protected]
FR Citation81 FR 33170 
CFR Citation47 CFR 14
47 CFR 20
47 CFR 64
47 CFR 67
47 CFR 6
47 CFR 7
CFR AssociatedAccess to Advanced Communication Services and Equipment; Commercial Mobile Services; Access to 911 Services; Individuals with Disabilities; Access to Telecommunication Service and Equipment; Customer Premise Equipment; Telecommunications Relay Services; Real-Time Text and Access to Voice Mail and Interactive Menu Services and Equipment

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