81 FR 57851 - Structure and Practices of the Video Relay Service Program
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 81, Issue 164 (August 24, 2016)
Federal Register Volume 81, Issue 164 (August 24, 2016)
| Page Range | 57851-57854 | |
| FR Document | 2016-19845 |
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)] [Proposed Rules] [Pages 57851-57854] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19845] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket Nos. 10-51 and 03-123; DA 16-893] Structure and Practices of the Video Relay Service Program AGENCY: Federal Communications Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Consumer and Governmental Affairs Bureau (CGB or Bureau) of the Federal Communications Commission (FCC or Commission), pursuant to a delegation of authority, proposes to incorporate into the Commission's rules the Video Relay Service (VRS) interoperability and portability standards developed by the VRS Task Group of the Session Initiation Protocol (SIP) Forum and a successor group, the Relay User Equipment (RUE) Forum. DATES: Comments are due on or before September 14, 2016. ADDRESSES: You may submit comments, identified by CG Docket Nos. 10-51 and 03-123, 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): http://apps.fcc.gov/ecfs//. Filers should follow the instructions provided on the Commission's Web site for submitting comments. For ECFS filers, in completing the transmittal screens, filers should include their full name, U.S. Postal Service mailing address, and CG Docket Nos. 10-51 and 03-123. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial 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 must be addressed to 445 12th Street SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Eliot Greenwald, Consumer and Governmental Affairs Bureau, at phone: (202) 418-2235 or email: [email protected], or Robert Aldrich, Consumer and Governmental Affairs Bureau, at phone (202) 418-0996 or email: [email protected]. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Further Notice of Proposed Rulemaking (Further Notice), document DA 16- 893, adopted on August 4, 2016, and released on August 4, 2016. The full text of this document is 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. This document can also be downloaded in Word or Portable Document Format (PDF) at: https://www.fcc.gov/general/disability-rights-office-headlines. The proceeding initiated by the Further Notice 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), (844) 432-2275 (videophone), or (202) 418-0432 (TTY). Initial Paperwork Reduction Act of 1995 Analysis The Further Notice does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Synopsis 1. In 2013, the Commission amended its rules to improve the effectiveness of its interoperability and portability rules for video relay service (VRS), in order to improve functional equivalence and VRS availability for consumers, ease of compliance by providers, and overall efficiency in the operation of the [[Page 57852]] telecommunications (TRS) program. The Commission directed Commission staff to support and participate in the ongoing Session Initiation Protocol (SIP) Forum's VRS Task Group process in order to ensure the timely development of such consensus standards. Structure and Practices of the Video Relay Service Program; Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities, published at 78 FR 40582, July 5, 2013 (VRS Reform Order). 2. The Further Notice, issued by CGB pursuant to a delegation of authority in the VRS Reform Order, proposes to incorporate by reference into the Commission's VRS interoperability rule the interoperability and portability standards produced by the VRS Task Group of the SIP Forum and a successor group, the Relay User Equipment (RUE) Forum, along with a process that will readily enable revisions to this rule to reflect future amendments or changes in these standards. In addition, this document proposes guidance on implementation of the standards, including the need for a transition period for existing VRS access technologies to achieve interoperability and portability. 3. Since 2006, the Commission has required VRS providers to (i) allow VRS users to make and receive calls through any VRS provider, and to choose a different default provider, without changing the VRS access technology they use to place calls, and (ii) ensure that VRS users can make point-to-point calls to all other VRS users, irrespective of the default provider of the calling and called party. Providers also must ensure that videophone equipment that they distribute retains certain features when a user ports his or her ten-digit VRS number to a new default provider. 47 CFR 64.611(e); VRS Reform Order. 4. In order to improve the effectiveness of these interoperability and portability requirements, the Commission delegated ``to the Chief of CGB, after consultation with the CTO [Chief Technology Officer] and the Chief of OET [Office of Engineering and Technology], the authority to conduct rulemaking proceedings to incorporate into the Commission's rules by reference any interoperability and portability standards developed under the auspices of the SIP Forum, now or in future, or such other voluntary, consensus standard organization as may be formed to address these issues.'' VRS Reform Order. The VRS Reform Order further provided: ``Recognizing that the scope of the SIP Forum VRS Task Group charter extends beyond the Commission's current mandatory minimum standards, the Commission also delegates to Chief of CGB, after consultation with the CTO and the Chief of OET, the authority to conduct rulemaking proceedings to incorporate into the Commission's rules by reference as new or updated mandatory minimum standards any standards or recommended standards developed by the SIP Forum (or such other voluntary, consensus standard organization as may be formed to address these issues) that the Chief of CGB finds will advance the statutory functional equivalency mandate or improve the availability of TRS, in the most efficient manner. In conducting such rulemakings, the Chief of CGB shall provide guidance on implementation, including the need for a transition period for existing VRS access technologies, complaint resolution, or other actions necessary to ensure full interoperability and portability.'' 5. In August 2015, the SIP Forum published the Video Relay Service (VRS) Provider Interoperability Profile (VRS Provider Interoperability Profile), a consensus document developed by the SIP Forum's VRS Task Group. The VRS Provider Interoperability Profile provides technical specifications for the interface between VRS providers and the interface between a VRS provider and the TRS Numbering Directory. In July 2016, the Relay User Equipment Forum (RUE Forum) published a second consensus document, the Interoperability Profile for Relay User Equipment (RUE Profile) on the Internet Engineering Task Force (IETF) Web site. The RUE Profile provides technical specifications that define a standard interface between a relay user's equipment and the services offered by relay service providers. 6. The Bureau tentatively concludes that the VRS Provider Interoperability Profile and the RUE Profile will effectively meet the Commission's goals of ensuring interoperability and portability, as required by the VRS Reform Order. Specifically, these standards will enable a VRS user to place and receive calls through any VRS provider and make point-to-point calls to all other VRS users, irrespective of the default provider of the parties to the call, and without the caller having to change the VRS access technology used to make such calls. Additionally, as required by the VRS Reform Order, these standards will support a standard data interchange format for exporting and importing private data contained in a user's personal contacts list (also referred to as an address book) and the user's speed dial list between the VRS user's access technology and the access technology of other VRS providers. In these various ways, these standards will ``advance the statutory functional equivalency mandate [and] improve the availability of TRS, in the most efficient manner,'' in accordance with the VRS Reform Order. The Bureau further notes that all current VRS providers participated in the process leading to adoption of the standards, and that all providers appear to have reached a consensus on these standards. For all of these reasons, the Bureau tentatively concludes that these standards meet the Commission's objective of facilitating interoperability and portability for VRS, and should be incorporated by reference into the Commission's rules. The Bureau seeks comment on this tentative conclusion and its rationale. The Bureau also seeks comment on whether any modified version of the standards that results from the continued work of the RUE Forum, which is published subsequent to the Commission's release of the Further Notice and during the pendency of this proceeding, should be adopted in lieu of the versions of the standards discussed above. 7. The Bureau also proposes to follow, in the future, a procedure that permits amendments or changes to the standards to be incorporated into the Commission's rules in a timely and efficient manner. The Bureau believes that a voluntary, consensus standards process that results in amendments or changes to the standards will, as is the case for the standards proposed for incorporation herein, allow for widespread participation by the affected parties, and in particular VRS providers. In the event of such amendments or changes, the Bureau will issue a public notice seeking comment on such modifications, followed by an order incorporating into the VRS rules amendments or changes by reference if justified based on the resulting record. When such revised standards are completed and accepted by the Bureau, a second public notice will be issued containing information on how to access the modified standards and establishing an implementation schedule. To facilitate ready access to such standards, the Bureau further proposes that the Commission make them available to the public online. The Bureau believes that this process will allow interested parties to have the opportunity to participate in the standards-setting process, comment on the inclusion of such standards in the Commission's rules, and receive notice about the implementation of any amendments or changes to the standards. The Bureau seeks comment [[Page 57853]] on this approach and on any alternatives. 8. As to the timing of the implementation of the recently developed standards, the Bureau believes that insofar as all current VRS providers participated in developing these standards and had an opportunity to debate the various technical issues over a period of several years, as a practical matter, all providers have become familiar with the content of the standards, have had ample opportunity to incorporate the standards into their software development processes, and have had sufficient opportunity to familiarize their suppliers with any necessary design changes. The Bureau therefore proposes that the rule amendment incorporating the standards into 47 CFR 64.621 shall become effective 60 days after publication in the Federal Register of the amended rule. The Bureau seeks comment on this proposed implementation schedule. To the extent that any commenter seeks a later effective date, the Bureau requests that such commenter describe the specific products or features and functions for which a later effective date is needed and the reasons why compliance is not achievable at an earlier date. 9. As the Commission contemplated in the VRS Reform Order, once incorporated into the Commission's rules, compliance with the standards ``shall be a prerequisite for compensation from the Fund. No VRS provider shall be compensated for minutes of use generated by non- standards compliant VRS access technologies or otherwise generated in a manner inconsistent with the Commission's rules. If a provider cannot reliably separate minutes of use generated through standards compliant VRS access technologies from those generated through non-standards compliant VRS access technologies, the provider will not receive compensation for any of the minutes.'' VRS Reform Order. 10. The Office of Federal Register (OFR) recently revised its regulations to require that agencies must discuss in the preamble of a proposed rule ways that the materials the agency proposes to incorporate by reference are reasonably available to interested parties or how it worked to make those materials reasonably available to interested parties. In addition, the preamble of the proposed rule must summarize the material. 1 CFR 51.5(a). In accordance with OFR's requirements, the discussion in the following two paragraphs summarizes and indicates the availability of the VRS Provider Interoperability Profile and the RUE Profile. 11. The U.S. Video Relay Service (VRS) Provider Interoperability Profile, Version 15, SIP Forum Document Number: VRS U.S. Providers Profile TWG-6-0.15 (Sept. 23, 2015) (VRS Provider Interoperability Profile), is available from SIP Forum LLC, 733 Turnpike Street, Suite 192, North Andover, MA 01845 USA, (203) 829-6307, at http://www.sipforum.org/component/option,com_docman/task,cat_view/gid,160/Itemid,75/. The Provider Interoperability Profile provides technical specifications for the interface between VRS providers and the interface between a VRS provider and the TRS Numbering Directory. 12. The Interoperability Profile for Relay User Equipment, draft- vrs-rue-dispatch-00 (July 20, 2016) (RUE Profile), is available from IETF Secretariat, 5177 Brandin Court, Fremont, CA 94538, 510-492-4080, at https://www.ietf.org/id/draft-vrs-rue-dispatch-00.txt. The RUE Profile provides technical specifications that define a standard interface between a relay user's equipment and the services offered by relay service providers. Initial Regulatory Flexibility Analysis 13. As required by the Regulatory Flexibility Act (RFA), the Bureau has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on small entities by the policies and rules proposed in the Further Notice. 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 Further Notice. 14. Need For, and Objectives of, the Proposed Rules. In the VRS Reform Order, the Commission strongly encouraged the continuation of efforts by the SIP Forum's VRS Task Group to develop voluntary, consensus standards to facilitate interoperability and portability of VRS and directed Commission staff to support and participate in the SIP Forum process. The SIP Forum and a successor group, the RUE Forum, have now produced interoperability and portability standards, making it possible to achieve the improvements sought in the VRS Reform Order. The Further Notice proposes to incorporate those interoperability and portability standards by reference into 47 CFR 64.621, the Commission's VRS interoperability rule, along with guidance on implementation, including the need for a transition period for existing VRS access technologies to achieve interoperability and portability. In addition, the Further Notice proposes a process that will readily enable revisions to this rule to reflect future amendments or changes in these standards by issuing a public notice seeking comment on such modifications, followed by an order incorporating into the VRS rules amendments or changes by reference if justified based on the resulting record, after which a second public notice will be issued containing information on how to access the modified standards online and establishing an implementation schedule. 15. Legal Basis. The legal basis for any action that may be taken pursuant to the Further Notice is contained in 47 U.S.C. 151, 152, 154(i), 154(j), 225, 303(r). 16. Types of Small Entities to Which the Proposed Rules May Apply. All Other Telecommunications. 17. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. If the Commission were to incorporate the SIP Forum and RUE Forum standards by reference into the Commission's VRS interoperability rule and provide guidance on implementation, VRS providers, including small entities, would need to take steps to comply with such standards. 18. Steps Taken to Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered. In general, alternatives to proposed rules are discussed only when those rules pose a significant adverse economic impact on small entities. In this context, however, the proposed rules generally confer benefits. In particular, interoperability requirements benefit the smaller providers because consumers find the services of smaller providers to be more attractive when these services are interoperable than when they are not interoperable. These benefits outweigh any burdens associated with compliance. Moreover, because all of the VRS providers participated in the discussions associated with the development of the standards, the Commission believes that these standards are acceptable to all VRS providers, including small entities. Lastly, the Further Notice seeks comment on the proposed implementation schedule to ensure that such implementation schedule is achievable. 19. Federal Rules that May Duplicate, Overlap, or Conflict with Proposed Rules. None. List of Subjects in 47 CFR Part 64 Telecommunications relay services, Individuals with disabilities. [[Page 57854]] Federal Communications Commission. Karen Peltz Strauss, Deputy Chief, Consumer and Governmental Affairs Bureau. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 64 as follows: PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 0 1. The authority citation for part 64 continues to read as follows: Authority: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Public Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 227, 228, 254(k), 616, and 620, and the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-96, unless otherwise noted. 0 2. Amend Sec. 64.621 by revising paragraph (b) to read as follows: Sec. 64.621 Interoperability and portability. * * * * * (b) Technical Standard for Interoperability and Portability. (1) VRS providers shall ensure that their provision of VRS and video communications, including their access technology, meets the requirements of the U.S. Video Relay Service (VRS) Provider Interoperability Profile Version 15, SIP Forum Document Number: VRS U.S. Providers Profile TWG-6-0.15 (Sept. 23, 2015) (VRS Provider Interoperability Profile), http://www.sipforum.org/component/option,com_docman/task,cat_view/gid,160/Itemid,75/, and the Interoperability Profile for Relay User Equipment (RUE Profile), draft- vrs-rue-dispatch-00 (July 20, 2016), https://www.ietf.org/id/draft-vrs-rue-dispatch-00.txt. (2) This incorporation by reference of the VRS Provider Interoperability Profile and the RUE Profile was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the VRS Provider Interoperability Profile may be obtained from SIP Forum LLC, 733 Turnpike Street, Suite 192, North Andover, MA 01845 U.S.A., (203) 829-6307, at http://www.sipforum.org/component/option,com_docman/task,cat_view/gid,160/Itemid,75/. Copies of the RUE Profile may be obtained from IETF Secretariat, 5177 Brandin Court, Fremont, CA 94538, 510-492-4080, at https://www.ietf.org/id/draft-vrs-rue-dispatch-00.txt. Copies of these publications also may be inspected during normal business hours at the following locations: Consumer and Governmental Affairs Bureau, Reference Information Center, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554; and the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741- 6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. [FR Doc. 2016-19845 Filed 8-23-16; 8:45 am] BILLING CODE 6712-01-P
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(b) Specific requirements. The each additional docket or rulemaking attending or otherwise participating in
provisions of subpart A of this part number. Filings can be sent by hand or the meeting at which the ex parte
apply to this section except as modified messenger delivery, by commercial presentation was made, and (2)
by this paragraph. overnight courier, or by first-class or summarize all data presented and
(1) Recordkeeping. Recordkeeping overnight U.S. Postal Service mail. All arguments made during the
requirements as specified in § 721.125 filings must be addressed to the presentation. If the presentation
(a), (b), (c), (d), (e), (f), (g), (h), (i), and Commission’s Secretary, Office of the consisted in whole or in part of the
(k) are applicable to manufacturers and Secretary, Federal Communications presentation of data or arguments
processors of this substance. Commission. already reflected in the presenter’s
(2) Limitations or revocation of • All hand-delivered or messenger- written comments, memoranda or other
certain notification requirements. The delivered paper filings for the filings in the proceeding, the presenter
provisions of § 721.185 apply to this Commission’s Secretary must be may provide citations to such data or
section. delivered to FCC Headquarters at 445 arguments in his or her prior comments,
[FR Doc. 2016–20310 Filed 8–23–16; 8:45 am]
12th St. SW., Room TW–A325, memoranda, or other filings (specifying
Washington, DC 20554. The filing hours the relevant page and/or paragraph
BILLING CODE 6560–50–P
are 8:00 a.m. to 7:00 p.m. All hand numbers where such data or arguments
deliveries must be held together with can be found) in lieu of summarizing
rubber bands or fasteners. Any them in the memorandum. Documents
FEDERAL COMMUNICATIONS envelopes and boxes must be disposed shown or given to Commission staff
COMMISSION of before entering the building. during ex parte meetings are deemed to
• Commercial overnight mail (other be written ex parte presentations and
47 CFR Part 64
than U.S. Postal Service Express Mail must be filed consistent with 47 CFR
[CG Docket Nos. 10–51 and 03–123; DA 16– and Priority Mail) must be sent to 9300 1.1206(b). In proceedings governed by
893] East Hampton Drive, Capitol Heights, 47 CFR 1.49(f) or for which the
MD 20743. Commission has made available a
Structure and Practices of the Video U.S. Postal Service first-class, Express, method of electronic filing, written ex
Relay Service Program and Priority mail must be addressed to parte presentations and memoranda
AGENCY: Federal Communications 445 12th Street SW., Washington, DC summarizing oral ex parte
Commission. 20554. presentations, and all attachments
ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Eliot
thereto, must be filed through the
Greenwald, Consumer and electronic comment filing system
SUMMARY: In this document, the Governmental Affairs Bureau, at phone: available for that proceeding, and must
Consumer and Governmental Affairs (202) 418–2235 or email: be filed in their native format (e.g., .doc,
Bureau (CGB or Bureau) of the Federal Eliot.Greenwald@fcc.gov, or Robert .xml, .ppt, searchable .pdf). Participants
Communications Commission (FCC or Aldrich, Consumer and Governmental in this proceeding should familiarize
Commission), pursuant to a delegation Affairs Bureau, at phone (202) 418–0996 themselves with the Commission’s ex
of authority, proposes to incorporate or email: Robert.Aldrich@fcc.gov. parte rules.
into the Commission’s rules the Video To request materials in accessible
SUPPLEMENTARY INFORMATION: This is a
Relay Service (VRS) interoperability and formats for people with disabilities
summary of the Commission’s Further (Braille, large print, electronic files,
portability standards developed by the Notice of Proposed Rulemaking (Further
VRS Task Group of the Session audio format), send an email to fcc504@
Notice), document DA 16–893, adopted fcc.gov or call the Consumer and
Initiation Protocol (SIP) Forum and a on August 4, 2016, and released on
successor group, the Relay User Governmental Affairs Bureau at (202)
August 4, 2016. The full text of this 418–0530 (voice), (844) 432–2275
Equipment (RUE) Forum. document is available for public
DATES: Comments are due on or before
(videophone), or (202) 418–0432 (TTY).
inspection and copying via ECFS, and
September 14, 2016. during regular business hours at the Initial Paperwork Reduction Act of
ADDRESSES: You may submit comments, FCC Reference Information Center, 1995 Analysis
identified by CG Docket Nos. 10–51 and Portals II, 445 12th Street SW., Room The Further Notice does not contain
03–123, by any of the following CY–A257, Washington, DC 20554. This proposed information collection
methods: document can also be downloaded in requirements subject to the Paperwork
• Electronic Filers: Comments may be Word or Portable Document Format Reduction Act of 1995, Public Law 104–
filed electronically using the Internet by (PDF) at: https://www.fcc.gov/general/ 13. In addition, therefore, it does not
accessing the Commission’s Electronic disability-rights-office-headlines. The contain any proposed information
Comment Filing System (ECFS): http:// proceeding initiated by the Further collection burden for small business
apps.fcc.gov/ecfs//. Filers should follow Notice shall be treated as a ‘‘permit-but- concerns with fewer than 25 employees,
the instructions provided on the disclose’’ proceeding in accordance pursuant to the Small Business
Commission’s Web site for submitting with the Commission’s ex parte rules. Paperwork Relief Act of 2002, Public
comments. For ECFS filers, in 47 CFR 1.1200 et seq. Persons making ex Law 107–198, see 44 U.S.C. 3506(c)(4).
completing the transmittal screens, parte presentations must file a copy of
filers should include their full name, any written presentation or a Synopsis
mstockstill on DSK3G9T082PROD with PROPOSALS
U.S. Postal Service mailing address, and memorandum summarizing any oral 1. In 2013, the Commission amended
CG Docket Nos. 10–51 and 03–123. presentation within two business days its rules to improve the effectiveness of
• Paper Filers: Parties who choose to after the presentation (unless a different its interoperability and portability rules
file by paper must file an original and deadline applicable to the Sunshine for video relay service (VRS), in order to
one copy of each filing. If more than one period applies). Persons making oral ex improve functional equivalence and
docket or rulemaking number appears in parte presentations are reminded that VRS availability for consumers, ease of
the caption of this proceeding, filers memoranda summarizing the compliance by providers, and overall
must submit two additional copies for presentation must (1) list all persons efficiency in the operation of the
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![57852 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Proposed Rules
telecommunications (TRS) program. The minimum standards, the Commission technology of other VRS providers. In
Commission directed Commission staff also delegates to Chief of CGB, after these various ways, these standards will
to support and participate in the consultation with the CTO and the Chief ‘‘advance the statutory functional
ongoing Session Initiation Protocol (SIP) of OET, the authority to conduct equivalency mandate [and] improve the
Forum’s VRS Task Group process in rulemaking proceedings to incorporate availability of TRS, in the most efficient
order to ensure the timely development into the Commission’s rules by manner,’’ in accordance with the VRS
of such consensus standards. Structure reference as new or updated mandatory Reform Order. The Bureau further notes
and Practices of the Video Relay Service minimum standards any standards or that all current VRS providers
Program; Telecommunications Relay recommended standards developed by participated in the process leading to
Services and Speech-to-Speech Services the SIP Forum (or such other voluntary, adoption of the standards, and that all
for Individuals With Hearing and consensus standard organization as may providers appear to have reached a
Speech Disabilities, published at 78 FR be formed to address these issues) that consensus on these standards. For all of
40582, July 5, 2013 (VRS Reform Order). the Chief of CGB finds will advance the these reasons, the Bureau tentatively
2. The Further Notice, issued by CGB statutory functional equivalency concludes that these standards meet the
pursuant to a delegation of authority in mandate or improve the availability of Commission’s objective of facilitating
the VRS Reform Order, proposes to TRS, in the most efficient manner. In interoperability and portability for VRS,
incorporate by reference into the conducting such rulemakings, the Chief
Commission’s VRS interoperability rule and should be incorporated by reference
of CGB shall provide guidance on
the interoperability and portability into the Commission’s rules. The
implementation, including the need for
standards produced by the VRS Task Bureau seeks comment on this tentative
a transition period for existing VRS
Group of the SIP Forum and a successor access technologies, complaint conclusion and its rationale. The Bureau
group, the Relay User Equipment (RUE) resolution, or other actions necessary to also seeks comment on whether any
Forum, along with a process that will ensure full interoperability and modified version of the standards that
readily enable revisions to this rule to portability.’’ results from the continued work of the
reflect future amendments or changes in 5. In August 2015, the SIP Forum RUE Forum, which is published
these standards. In addition, this published the Video Relay Service subsequent to the Commission’s release
document proposes guidance on (VRS) Provider Interoperability Profile of the Further Notice and during the
implementation of the standards, (VRS Provider Interoperability Profile), pendency of this proceeding, should be
including the need for a transition a consensus document developed by the adopted in lieu of the versions of the
period for existing VRS access SIP Forum’s VRS Task Group. The VRS standards discussed above.
technologies to achieve interoperability Provider Interoperability Profile 7. The Bureau also proposes to follow,
and portability. provides technical specifications for the in the future, a procedure that permits
3. Since 2006, the Commission has interface between VRS providers and amendments or changes to the standards
required VRS providers to (i) allow VRS the interface between a VRS provider to be incorporated into the
users to make and receive calls through and the TRS Numbering Directory. In Commission’s rules in a timely and
any VRS provider, and to choose a July 2016, the Relay User Equipment efficient manner. The Bureau believes
different default provider, without Forum (RUE Forum) published a second that a voluntary, consensus standards
changing the VRS access technology consensus document, the process that results in amendments or
they use to place calls, and (ii) ensure Interoperability Profile for Relay User changes to the standards will, as is the
that VRS users can make point-to-point Equipment (RUE Profile) on the Internet case for the standards proposed for
calls to all other VRS users, irrespective Engineering Task Force (IETF) Web site. incorporation herein, allow for
of the default provider of the calling and The RUE Profile provides technical widespread participation by the affected
called party. Providers also must ensure specifications that define a standard parties, and in particular VRS providers.
that videophone equipment that they interface between a relay user’s In the event of such amendments or
distribute retains certain features when equipment and the services offered by
changes, the Bureau will issue a public
a user ports his or her ten-digit VRS relay service providers.
number to a new default provider. 47 6. The Bureau tentatively concludes notice seeking comment on such
CFR 64.611(e); VRS Reform Order. that the VRS Provider Interoperability modifications, followed by an order
4. In order to improve the Profile and the RUE Profile will incorporating into the VRS rules
effectiveness of these interoperability effectively meet the Commission’s goals amendments or changes by reference if
and portability requirements, the of ensuring interoperability and justified based on the resulting record.
Commission delegated ‘‘to the Chief of portability, as required by the VRS When such revised standards are
CGB, after consultation with the CTO Reform Order. Specifically, these completed and accepted by the Bureau,
[Chief Technology Officer] and the Chief standards will enable a VRS user to a second public notice will be issued
of OET [Office of Engineering and place and receive calls through any VRS containing information on how to access
Technology], the authority to conduct provider and make point-to-point calls the modified standards and establishing
rulemaking proceedings to incorporate to all other VRS users, irrespective of an implementation schedule. To
into the Commission’s rules by the default provider of the parties to the facilitate ready access to such standards,
reference any interoperability and call, and without the caller having to the Bureau further proposes that the
portability standards developed under change the VRS access technology used Commission make them available to the
the auspices of the SIP Forum, now or to make such calls. Additionally, as public online. The Bureau believes that
mstockstill on DSK3G9T082PROD with PROPOSALS
in future, or such other voluntary, required by the VRS Reform Order, this process will allow interested parties
consensus standard organization as may these standards will support a standard to have the opportunity to participate in
be formed to address these issues.’’ VRS data interchange format for exporting the standards-setting process, comment
Reform Order. The VRS Reform Order and importing private data contained in on the inclusion of such standards in
further provided: ‘‘Recognizing that the a user’s personal contacts list (also the Commission’s rules, and receive
scope of the SIP Forum VRS Task Group referred to as an address book) and the notice about the implementation of any
charter extends beyond the user’s speed dial list between the VRS amendments or changes to the
Commission’s current mandatory user’s access technology and the access standards. The Bureau seeks comment
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![57854 Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Proposed Rules
Federal Communications Commission. Reference Information Center, Federal of important Hawaiian spinner dolphin
Karen Peltz Strauss, Communications Commission, 445 12th behaviors in areas where human-
Deputy Chief, Consumer and Governmental Street SW., Washington, DC 20554; and dolphin interactions are most likely to
Affairs Bureau. the National Archives and Records occur. These proposed regulations
For the reasons discussed in the Administration (NARA). For would reduce take of Hawaiian spinner
information on the availability of this dolphins and the impact of human
preamble, the Federal Communications
material at NARA, call 202–741–6030, viewing and interaction on these
Commission proposes to amend 47 CFR
or go to: http://www.archives.gov/ animals in the Main Hawaiian Islands
part 64 as follows:
federal_register/code_of_federal_ (MHI). We developed this proposed rule
regulations/ibr_locations.html. after considering comments submitted
PART 64—MISCELLANEOUS RULES [FR Doc. 2016–19845 Filed 8–23–16; 8:45 am] in response to an Advance Notice of
RELATING TO COMMON CARRIERS Proposed Rulemaking (ANPR), as well
BILLING CODE 6712–01–P
■ 1. The authority citation for part 64 as information received during the
continues to read as follows: public scoping period for the Draft
DEPARTMENT OF COMMERCE Environmental Impact Statement (DEIS),
Authority: 47 U.S.C. 154, 254(k); from community meetings, and from a
403(b)(2)(B), (c), Public Law 104–104, 110 dedicated scientific research project.
National Oceanic and Atmospheric
Stat. 56. Interpret or apply 47 U.S.C. 201, Although not currently part of this
218, 222, 225, 226, 227, 228, 254(k), 616, and Administration
proposal, we are also considering
620, and the Middle Class Tax Relief and Job
Creation Act of 2012, Public Law 112–96, 50 CFR Part 216 whether additional management
unless otherwise noted. measures may be necessary and
[Docket No. 080302361–6677–01] appropriate to protect Hawaiian spinner
■ 2. Amend § 64.621 by revising dolphins from take, especially in
RIN 0648–AU02
paragraph (b) to read as follows: essential daytime habitats that are
§ 64.621 Interoperability and portability. Protective Regulations for Hawaiian regularly targeted by humans for
Spinner Dolphins Under the Marine dolphin-directed activities.
* * * * *
Mammal Protection Act Accordingly, we are soliciting public
(b) Technical Standard for
comment on the proposed swim-with
Interoperability and Portability. AGENCY: National Marine Fisheries and approach regulations, as well as
(1) VRS providers shall ensure that Service (NMFS), National Oceanic and alternative management options
their provision of VRS and video Atmospheric Administration (NOAA), discussed in this rule and in detail in
communications, including their access Department of Commerce. the DEIS.
technology, meets the requirements of ACTION: Proposed rule; request for DATES: Comments must be received no
the U.S. Video Relay Service (VRS) comments. later than 5 p.m. on October 23, 2016.
Provider Interoperability Profile Version
Public meetings will provide the
15, SIP Forum Document Number: VRS SUMMARY: We, the National Marine public with an opportunity to provide
U.S. Providers Profile TWG–6–0.15 Fisheries Service (NMFS), propose comments on any portion of the
(Sept. 23, 2015) (VRS Provider regulations under the Marine Mammal proposed rule or DEIS. These meetings
Interoperability Profile), http:// Protection Act (MMPA) to prohibit are scheduled for:
www.sipforum.org/component/ swimming with and approaching a September 7, 2016, 5:30–9:30 p.m. at
option,com_docman/task,cat_view/ Hawaiian spinner dolphin within 50 Konawaena High School Cafeteria, 81–
gid,160/Itemid,75/, and the yards (45.7 m) (for persons, vessels, and 1043 Konawaena School Rd.,
Interoperability Profile for Relay User objects), including approach by Kealakekua, HI 96750;
Equipment (RUE Profile), draft-vrs-rue- interception. These proposed regulatory September 8, 2016, 5:30–9:30 p.m. at
dispatch-00 (July 20, 2016), https:// measures are intended to prevent take of Kealakehe High School Cafeteria, 74–
www.ietf.org/id/draft-vrs-rue-dispatch- Hawaiian spinner dolphins from 5000 Puohulihuli St., Kailua Kona, HI
00.txt. occurring in marine areas where 96740;
(2) This incorporation by reference of viewing pressures are most prevalent; September 21, 2016, 5:30–9:00 p.m. at
the VRS Provider Interoperability prohibitions would apply in waters Kauai High School Cafeteria, 3577 Lala
Profile and the RUE Profile was within 2 nautical miles (nm; 3.7 km) of Rd., Lihue, HI 96766;
approved by the Director of the Federal the Hawaiian Islands and in the waters September 22, 2016, 5:30–9:00 p.m. at
Register in accordance with 5 U.S.C. between the islands of Lanai, Maui, and the Hawaiian Islands Humpback Whale
552(a) and 1 CFR part 51. Copies of the Kahoolawe. This proposed rule to National Marine Sanctuary Visitor
VRS Provider Interoperability Profile establish 50-yard swim-with and Center, 726 South Kihei Rd., Kihei, HI
may be obtained from SIP Forum LLC, approach regulations would help ensure 96753;
733 Turnpike Street, Suite 192, North public compliance by providing clear September 27, 2016, 5:30–9:30 p.m. at
Andover, MA 01845 U.S.A., (203) 829– notice of prohibited conduct that results Roosevelt High School Dining Hall,
6307, at http://www.sipforum.org/ in take, including harassment and 1120 Nehoa Street, Honolulu, HI 96822;
component/option,com_docman/ disturbance. and
task,cat_view/gid,160/Itemid,75/. Although unauthorized take of marine September 28, 2016, 5:30–9:30 p.m. at
Copies of the RUE Profile may be mammals, including harassment of Waianae High School Cafeteria, 85–251
mstockstill on DSK3G9T082PROD with PROPOSALS
obtained from IETF Secretariat, 5177 spinner dolphins, already is and Farrington Hwy., Waianae, HI 96792.
Brandin Court, Fremont, CA 94538, continues to be prohibited under the ADDRESSES: You may submit comments,
510–492–4080, at https://www.ietf.org/ MMPA throughout their range, the information, or data on this document,
id/draft-vrs-rue-dispatch-00.txt. Copies purpose of this regulation is to identify identified by NOAA–2005–0226, and on
of these publications also may be and prohibit specific human activities the DEIS by either of the following
inspected during normal business hours that result in take (including methods:
at the following locations: Consumer harassment) of spinner dolphins, and Electronic Submission: Submit all
and Governmental Affairs Bureau, thus reduce disturbance and disruption electronic comments via the Federal
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Document Created: 2016-08-24 03:02:18
Document Modified: 2016-08-24 03:02:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments are due on or before September 14, 2016. | |
| Contact | Eliot Greenwald, Consumer and Governmental Affairs Bureau, at phone: (202) 418-2235 or email: [email protected], or Robert Aldrich, Consumer and Governmental Affairs Bureau, at phone (202) 418-0996 or email: [email protected] | |
| FR Citation | 81 FR 57851 | |
| CFR Associated | Telecommunications Relay Services and Individuals with Disabilities |
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