82_FR_7779 82 FR 7766 - Transition From TTY to Real-Time Text Technology

82 FR 7766 - Transition From TTY to Real-Time Text Technology

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 13 (January 23, 2017)

Page Range7766-7770
FR Document2017-01382

In this document, the Commission seeks comment on further actions the Commission could undertake to continue the transition from outdated text telephony (TTY) technology to a reliable and interoperable means of providing real-time text (RTT) communication over Internet Protocol (IP) enabled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, deaf-blind, or have a speech disability.

Federal Register, Volume 82 Issue 13 (Monday, January 23, 2017)
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Proposed Rules]
[Pages 7766-7770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01382]


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FEDERAL COMMUNICATIONS COMMISSION

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

[CG Docket No. 16-145 and GN Docket No. 15-178; FCC 16-169]


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 seeks comment on further 
actions the Commission could undertake to continue the 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outdated text telephony (TTY) technology to a reliable and 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, deaf-blind, or have a speech disability.

DATES: Comments are due February 22, 2017. Reply Comments are due March 
24, 2017.

ADDRESSES: You may submit comments, identified by CG Docket No. 16-145 
and GN Docket No. 15-178, 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 and GN Docket 
No. 15-178.
     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.
    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: Michael Scott, Consumer and 
Governmental Affairs Bureau, at (202) 418-1264 or email 
[email protected], or Suzy Rosen Singleton, Consumer and 
Governmental Affairs Bureau at (202) 510-9446 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 in the DATES section. 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. 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 must be disposed 
of before entering the building.

[[Page 7767]]

     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.
    This is a summary of the Commission's document FCC 16-169, 
Transition from TTY to Real-Time Text Technology, Further Notice of 
Proposed Rulemaking, adopted December 15, 2016, and released December 
16, 2016, in CG Docket No. 16-145 and GN Docket No. 15-178. The Report 
and Order, FCC 16-169, adopted on December 15, 2016, and released on 
December 16, 2016, is published elsewhere in this issue. The full text 
of document FCC 16-169 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. 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 16-169 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 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

    1. Real-time text is a mode of communication that permits text to 
be sent immediately as it is being created. The Commission's proposed 
action seeks to further ensure that people who are deaf, hard of 
hearing, deaf-blind, or have a speech disability 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.
    2. In document FCC 16-169, the Commission seeks further comment on:
     Setting an appropriate timeline or trigger for the sunset 
of service providers' obligation to ensure backward compatibility 
between real-time text (RTT) and text telephone (TTY) technology, and a 
proposed date of 2021 for this purpose;
     Integrating RTT into the provision of telecommunications 
relay services (TRS);
     Addressing the RTT needs of people with cognitive 
disabilities and people who are deaf-blind through the provision of 
block mode and connectivity with refreshable Braille displays.

Establishing a Deadline To Sunset the Obligation To Ensure RTT Is 
Backward Compatible With TTY Technology

    3. In document FCC 16-169, the Commission concludes that it is 
premature to establish a deadline to sunset the obligation to ensure 
that services and equipment that support RTT is backward compatible 
with TTY technology, until the Commission has gathered additional 
information about the deployment and effectiveness of the transition 
from TTY to RTT technology. The Commission believes that collecting 
such information will be useful for a Commission determination as to 
when TTY users have transitioned to RTT to a point that warrants 
elimination of the backward compatibility requirement. To this end, the 
Commission seeks comment on the type of data and metrics that can be 
used to monitor the availability, adoption, and acceptance of RTT 
services and devices. For example, would it be useful to gather data on 
the total number of end user devices supporting RTT that are made 
available for sale? Would it also be helpful to track the adoption of 
RTT on services and devices used by public safety answering points 
(PSAPs), government entities, and businesses? To assess the impact of 
RTT on PSAPs without IP connectivity, should the Commission track the 
frequency of RTT-to-TTY 911 calls, and how should the Commission 
address contingencies if there is an adverse impact? To what extent can 
service providers also gather data on RTT usage by consumers? Next, the 
Commission seeks input on when and how such data should be reported. 
The Commission currently requires wireless service providers who have 
been granted waivers of the TTY obligations to report to the Commission 
semi-annually on the progress of their RTT implementation efforts. 
Should the Commission require similar reports of wireless and wireline 
service providers and manufacturers? Should certain actions, such as 
the grant of a waiver, trigger a reporting requirement? Alternatively, 
should any reporting requirement be postponed until after the 
requirements for the wireline transition have been adopted? Are there 
other reports collected by the Commission through which it should 
collect this or similar information on RTT?
    4. The Commission notes that by 2021, Tier I wireless service 
providers will have had the opportunity to support RTT on their IP-
based networks for three years, manufacturers will have been producing 
RTT-compliant

[[Page 7768]]

equipment for two years, and smaller wireless service providers will 
have supported RTT on their network for at least 18 months. For these 
reasons, and because by such date, the Commission expects to have data 
sufficient to assess adoption of RTT technology, the Commission 
proposes to set a sunset date for RTT-TTY backward compatibility of 
2021 unless the Commission finds a reason to extend this deadline. The 
Commission seeks comment on this proposal, and whether there is a 
different point in time when it would be appropriate for the Commission 
to reassess the need for covered entities to continue supporting TTY 
technology via backward compatibility on their IP-based voice service 
networks. For example, should the Commission's reassessment be tied in 
any way to the implementation of the deployment of RTT technology over 
wireline networks, or should this reassessment take place after the 
sunset of the public switched telecommunications network (PSTN) and the 
transition of all consumers to IP-based wireless and wireline networks?

Requirements for TRS Providers

    5. In document FCC 16-169, the Commission allows wireless service 
providers to support TRS access through RTT technology, including via 
711 abbreviated dialing access, in lieu of supporting TRS through TTY 
technology. The Commission further clarifies that wireless service 
providers transmitting such calls may comply with these RTT support 
requirements by ensuring that such communications are backward 
compatible with the TTY technology currently used in such call centers. 
This approach is designed to ensure that RTT users can place and 
receive TRS calls through state TRS program call centers even when such 
centers are not equipped to receive RTT calls.
    6. Some forms of TRS are provided over the PSTN, while others are 
made available via IP networks. In the Notice of Proposed Rulemaking 
(NPRM), published at 81 FR 33170, May 25, 2016, preceding document FCC 
16-169, the Commission sought comment on whether and how it should 
amend the Commission's TRS rules to authorize or require other forms of 
TRS to incorporate RTT capabilities into platforms and terminal 
equipment used with these services.
    7. Comments in the record express a variety of views as to the 
manner in which RTT should be integrated into TRS operations. The 
record in this proceeding also contains extensive information about the 
benefits of RTT. It would appear, therefore, that integrating RTT into 
TRS operations similarly would benefit text-reliant users, and would 
fulfill a congressional directive to the Commission to ensure that TRS 
regulations ``encourage . . . the use of existing technology and do not 
discourage or impair the development of improved technology.'' In other 
words, taking this action will ensure that TRS users are able to 
benefit from evolving technologies in what will eventually be an all-IP 
environment.
    8. However, before adopting rules governing the provision of RTT as 
an integrated component of TRS, the Commission seeks additional comment 
on the costs, benefits, and technical feasibility of enabling this 
feature for various forms of TRS, for both TRS providers and TRS users. 
For example, what changes would be needed in TRS equipment (e.g., 
hardware, software, or applications) to support RTT between an IP-based 
TRS user and the communications assistant (CA) or between the parties 
to the call? Will adoption of an RTT mandate require TRS providers or 
users to purchase new TRS equipment or updates to TRS equipment 
software? To what extent will providers have to modify their call 
routing and handling features?
    9. Additionally, the Commission seeks comment on whether the 
incorporation of RTT into the provision of TRS operations should be 
mandated or only allowed. Along these lines, the Commission seeks 
comment on the appropriate regulatory treatment for RTT in the TRS 
context. Specifically, given that RTT is a text-based form of 
communication--as is TTY-based TRS and IP Relay--should this feature be 
subject to the same regulatory treatment that applies to TTY-based TRS, 
or would it be more appropriate to consider this akin to IP Relay for 
purposes of the Commission's TRS rules? For example, should the 
Commission require RTT-based TRS providers to meet the same mandatory 
minimum standards as currently applied to TTY-based TRS, such as call 
release functionality? To what extent should such providers be required 
to handle emergency calls, and should they adhere to the Commission's 
rules for TTY-based TRS or IP Relay TRS for this purpose? Are there 
certain mandatory minimum standards that should not be applicable to 
RTT technology?
    10. Given that TTY-based TRS is a mandated service for common 
carriers, if the Commission requires the provision of RTT-TRS, at what 
point in the future should providers be relieved of their obligations 
to provide and support TTY-based TRS? Should wireline IP-based voice 
service providers and equipment manufacturers be required to support 
RTT before TRS providers are required to support RTT?
    11. At the same time that the Commission recognizes that RTT has 
the potential to improve TRS for certain RTT users who choose to 
communicate directly in text with another party, the Commission agrees 
with commenters that RTT should augment and complement rather than 
supplant TRS, and seeks comment on this belief. Specifically, the 
Commission acknowledges that some forms of TRS, such as video relay 
service and speech-to-speech service, may fulfill the needs of people 
with disabilities who are not text-reliant users. The Commission 
therefore believes that the addition of RTT as a TRS option should not 
diminish the ability of individuals who are reliant on these other 
forms of TRS to continue having access to those services. The 
Commission seeks comment on this assumption.
    12. Finally, the Commission seeks input on the mechanisms that are 
needed to ensure that the provision of RTT-TRS by IP-based providers 
effectively meets the communication needs of TRS users. Should the 
Commission require TRS providers to support RTT to enable text-based 
communication between the CA and the text-reliant user; between the CA 
and the other party to the call; or between both parties to the call? 
Are there technical challenges associated with supporting RTT in 
situations where the parties to the call are connected through an IP-
based TRS provider? Should the Commission require IP captioned 
telephone service (IP CTS) providers to support RTT transmission in any 
voice channels they provide and in any off-the-shelf equipment provided 
to IP CTS users? Would the use of conversation windows help an IP CTS 
user distinguish between a direct RTT communication received from the 
other party and text generated by an IP CTS relay operator? Are there 
technical standards the Commission should adopt for the provision of 
RTT by IP-based TRS providers? The Commission seeks comment 
specifically on the costs, benefits, and feasibility of requiring IP-
based TRS providers to incorporate RTT capability into the provision of 
their services and on other related matters. Finally, the Commission 
seeks comment on the appropriate timeline for adopting RTT requirements 
for IP-based TRS providers.
    13. Impact of RTT on TRS. In the NPRM, the Commission assumed that

[[Page 7769]]

because RTT will provide greater opportunities for direct, point-to-
point text communications and can enable text to be intermixed with 
voice, it can reduce reliance on relay services to the extent RTT 
capabilities in end user devices become ubiquitous as a universal text 
solution. The Commission similarly noted that RTT could enhance the 
ability of TRS to provide functionally equivalent telephone service for 
those individuals who continue to rely on TRS as their communication 
method. AT&T agrees that it is important to review the potential 
impacts of RTT on TRS, and specifically to assess the need to adjust 
the TRS Fund supporting these services as this impact becomes clearer. 
The Commission seeks comment on the best methodology to determine the 
extent to which RTT reduces reliance on TRS. Additionally, how can the 
Commission best determine the extent to which the introduction of RTT 
increases TRS use among some consumers because it enhances the ability 
of TRS to provide functionally equivalent telephone service? Should any 
data collected on the effect that RTT has on TRS wait until wireline 
networks transition from TTY technology to RTT? What other information 
should the Commission consider in determining whether the availability 
and use of RTT necessitates changes to the TRS program or its funding?

Other RTT Features

    14. In the NPRM, the Commission sought comment on whether it is 
possible to identify certain RTT features or functional capabilities 
that are necessary to meet the communication needs of individuals who 
are deaf-blind, people with cognitive disabilities, or other specific 
segments of the disability community. Some commenters suggest that 
slowing down an RTT text display is necessary for refreshable Braille 
displays. They also suggest enabling Braille display users to suspend 
incoming text when the user is typing, because receiving text while 
typing on a Braille keyboard could cause confusion. The Commission 
seeks comment on whether these and similar features can enhance service 
providers' and manufacturers' ability to meet performance objectives 
under 47 CFR parts 6, 7, and 14 for individuals who use refreshable 
Braille displays, including people who are deaf-blind. The Commission 
also seeks further comment on the technical and practical challenges of 
supporting compatibility with refreshable Braille displays and similar 
assistive technologies. What current steps are being taken to examine 
these issues? Is there a potential timeline for resolving concerns to 
support the use of refreshable Braille displays with RTT?
    15. Block mode allows the user to hold onto a text communication 
while it is being composed, and then send it in its entirety, in a 
manner akin to short message service (SMS) or text messaging. This 
enables the user to edit individual characters and groups of words 
before sending a message. Some commenters agree that block mode is a 
desirable option that would enhance effective communication for certain 
individuals and in certain situations. The Commission seeks further 
comment on the extent to which offering a block mode option will 
enhance service providers' and manufacturers' ability to meet part 6, 
7, and 14 performance objectives for people with certain types of 
disabilities.

Initial Regulatory Flexibility Analysis

    16. As required by the Regulatory Flexibility Act, as amended 
(RFA), the Commission has prepared this 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 16-169. 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 16-169, to the Chief 
Counsel for Advocacy of the Small Business Administration (SBA).

Need for, and Objectives of, the Proposed Rules

    17. In document FCC 16-169, the Commission seeks comment on:
     Setting an appropriate timeline or trigger for the sunset 
of service providers' obligation to ensure backward compatibility 
between RTT and TTY technology, and a proposal of a date of 2021 for 
this purpose;
     Integrating RTT into the provision of TRS; and
     Addressing the RTT needs of people with cognitive 
disabilities and people who are deaf-blind through the provision of 
block mode transmission and through connectivity with refreshable 
Braille displays.

Legal Basis

    18. The proposed action is authorized under sections 1, 2, 4(i), 
225, 251, 255, 303, 316, and 716 of the Communications Act of 1934, as 
amended, 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.

Listing of Small Entities to Which the Proposed Rules Will Apply

    19. The majority of the proposals in document FCC 16-169 will 
affect obligations on telecommunications carriers and providers, VoIP 
service providers, wireline and wireless service providers, advanced 
communications services (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 amended rules may be economically impacted by document 
FCC 16-169.
     Wired Telecommunications Carriers;
     Local Exchange Carriers (LECs);
     Incumbent Local Exchange Carriers (Incumbent LECs);
     Competitive Local Exchange Carriers (Competitive LECs), 
Competitive Access Providers (CAPs), Shared-Tenant Service Providers, 
and Other Local Service Providers;
     Interexchange Carriers;
     Other Toll Carriers;
     Wireless Telecommunications Carriers (except Satellite);
     Cable Companies and Systems (Rate Regulation);
     All Other Telecommunications;
     TRS Providers;
     Electronic Computer Manufacturing;
     Telephone Apparatus Manufacturing (wireline);
     Computer Terminal and Other Computer Peripheral Equipment 
Manufacturing;
     Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing;
     Other Communications Equipment Manufacturing; and
     Software Publishers

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    20. In document FCC 16-169, the Commission seeks comment on 
integrating RTT into the provision of TRS, requiring certain additional 
features and capabilities of RTT, and the appropriate timeline to 
sunset the requirement for backward compatibility of RTT with TTY 
technology. With the following exception, these proposals do not 
include new or modified reporting, recordkeeping, and other compliance 
requirements. Specifically, in document 16-169, the Commission seeks 
comment on the type of data that should be

[[Page 7770]]

collected to help determine the extent to which RTT reduces reliance on 
TRS or alternatively the extent to which the introduction of RTT 
increases TRS use among some consumers because it has enhanced the 
ability of TRS to provide functionally equivalent telephone service.

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

    21. 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.''
    22. In document FCC 16-169, the Commission seeks comment on the 
type of data and metrics that can be used to monitor the availability, 
adoption, and acceptance of RTT services and devices. This information 
is intended to help the Commission determine when TTY users have 
transitioned to RTT to a point that would warrant elimination of the 
requirement for RTT to be backward compatible with TTY. While the 
collection of data may initially burden small businesses, the eventual 
sunset of the obligation to ensure that RTT is backward compatible with 
TTY will in the long run reduce the burden for small entities and 
emergency call centers to maintain TTY technology and backward 
compatibility capability.
    23. The Commission also seeks comments on the costs, benefits, 
feasibility, and appropriate timeline for requiring IP-based TRS 
providers to incorporate RTT capability into the provision of their 
services. The information requested will inform the Commission of 
concerns with the transition and appropriate timelines for all 
entities, which will allow the Commission to consider rules and 
implementation deadlines that minimize burdens and relieve possible 
adverse economic impact on small entities. The Commission's gathering 
of information to determine the effect of RTT on TRS services and the 
TRS Fund will allow the Commission to consider changes to the rules 
that may minimize burdens and relieve possible adverse economic impact 
on small entities.
    24. In document FCC 16-169, the Commission also seeks comment on 
identifying certain RTT features or functional capabilities, such as 
compatibility with refreshable braille displays and block mode 
transmission, that are necessary to meet the communication needs of 
individuals who are deaf-blind, people with cognitive disabilities, or 
other specific segments of the disability community. In seeking 
comments on feasibility, the Commission seeks to integrate flexibility 
into the requirements to take into consideration the limitations of 
small businesses. Because the Commission will require implementation of 
these features only if achievable, the Commission anticipates that 
there will be little to no impact on small entities that would claim 
the requirement is not achievable.

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

    25. 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 16-169 is adopted.
    The Commission's Consumer Information Bureau, Reference Information 
Center, shall send a copy of document FCC 16-169, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

Federal Communications Commission.
Katura Howard,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2017-01382 Filed 1-19-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                    7766                    Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Proposed Rules

                                                    note to 15 U.S.C. 272, directs agencies                 TITLE 46—SHIPPING                                      DATES:   Comments are due February 22,
                                                    to use voluntary consensus standards in                                                                        2017. Reply Comments are due March
                                                    their regulatory activities unless the                  PART 4—MARINE CASUALTIES AND                           24, 2017.
                                                    agency provides Congress, through                       INVESTIGATIONS                                         ADDRESSES: You may submit comments,
                                                    OMB, with an explanation of why using                   ■ 1. The authority citation for part 4                 identified by CG Docket No. 16–145 and
                                                    these standards would be inconsistent                   continues to read as follows:                          GN Docket No. 15–178, by any of the
                                                    with applicable law or otherwise                                                                               following methods:
                                                    impractical. Voluntary consensus
                                                                                                              Authority: 33 U.S.C. 1231; 43 U.S.C. 1333;              • Electronic Filers: Comments may be
                                                                                                            46 U.S.C. 2103, 2303a, 2306, 6101, 6301, and           filed electronically using the Internet by
                                                    standards are technical standards (e.g.,                6305; 50 U.S.C. 198; Department of
                                                    specifications of materials, performance,               Homeland Security Delegation No. 0170.1.
                                                                                                                                                                   accessing the Commission’s Electronic
                                                    design, or operation; test methods;                     Subpart 4.40 issued under 49 U.S.C.                    Comment Filing System (ECFS), through
                                                    sampling procedures; and related                        1903(a)(1)(E).                                         the Commission’s Web site http://
                                                    management systems practices) that are                                                                         apps.fcc.gov/ecfs/. Filers should follow
                                                                                                            ■ 2. In § 4.03–2, revise paragraph (a) (3)             the instructions provided on the Web
                                                    developed or adopted by voluntary                       to read as follows:                                    site for submitting comments. For ECFS
                                                    consensus standards bodies.
                                                                                                            § 4.03–2    Serious marine incident.                   filers, in completing the transmittal
                                                      This NPRM does not use technical                                                                             screen, filers should include their full
                                                                                                              (a) * * *
                                                    standards. Therefore, we did not                          (3) Damage to property, as defined in                name, U.S. Postal service mailing
                                                    consider the use of voluntary consensus                 § 4.05–1(a)(7) of this part, in excess of              address, and CG Docket No. 16–145 and
                                                    standards.                                              $200,000;                                              GN Docket No. 15–178.
                                                                                                                                                                      • Paper Filers: Parties who choose to
                                                    M. Environment                                          *     *      *     *    *
                                                                                                            ■ 3. In § 4.05–1, revise paragraph (a)(7)
                                                                                                                                                                   file by paper must file an original and
                                                       We have analyzed this NPRM under                     to read as follows:                                    one copy of each filing. If more than one
                                                    Department of Homeland Security                                                                                docket or rulemaking number appears in
                                                    Management Directive 023–01 and                         § 4.05–1    Notice of marine casualty.                 the caption of this proceeding, filers
                                                    Commandant Instruction M16475.1D,                         (a) * * *                                            must submit two additional copies for
                                                                                                              (7) An occurrence causing property-                  each additional docket or rulemaking
                                                    which guide the Coast Guard in
                                                                                                            damage in excess of $72,000, this                      number. Filings can be sent by hand or
                                                    complying with the National
                                                                                                            damage including the cost of labor and                 messenger delivery, by commercial
                                                    Environmental Policy Act of 1969, 42
                                                                                                            material to restore the property to its                overnight courier, or by first-class or
                                                    U.S.C. 4321–4370f, and we have made                                                                            overnight U.S. Postal Service mail. All
                                                                                                            condition before the occurrence, but not
                                                    a preliminary determination that this                   including the cost of salvage, cleaning,               filings must be addressed to the
                                                    action is one of a category of actions that             gas-freeing, drydocking, or demurrage.                 Commission’s Secretary, Office of the
                                                    do not individually or cumulatively                                                                            Secretary, Federal Communications
                                                                                                            *     *    *     *     *
                                                    have a significant effect on the human                                                                         Commission.
                                                    environment. A preliminary                                Dated: January 13, 2017.
                                                                                                                                                                      For detailed instructions for
                                                    environmental analysis checklist                        V.B. Gifford,                                          submitting comments and additional
                                                    supporting this categorical exclusion                   Captain, U.S. Coast Guard, Director of                 information on the rulemaking process,
                                                    determination is available in the docket                Inspections and Compliance.                            see the SUPPLEMENTARY INFORMATION
                                                    where indicated under the ‘‘Public                      [FR Doc. 2017–01323 Filed 1–19–17; 8:45 am]            section of this document.
                                                    Participation and Request for                           BILLING CODE 9110–04–P                                 FOR FURTHER INFORMATION CONTACT:
                                                    Comments’’ section of this preamble.                                                                           Michael Scott, Consumer and
                                                       This NPRM involves regulations                                                                              Governmental Affairs Bureau, at (202)
                                                                                                            FEDERAL COMMUNICATIONS                                 418–1264 or email Michael.Scott@
                                                    concerning marine casualties and
                                                                                                            COMMISSION                                             fcc.gov, or Suzy Rosen Singleton,
                                                    proposes to update the monetary
                                                    threshold amounts for a reportable                                                                             Consumer and Governmental Affairs
                                                                                                            47 CFR Parts 6, 7, 14, 64, and 67                      Bureau at (202) 510–9446 or email
                                                    marine casualty as well as the definition
                                                                                                            [CG Docket No. 16–145 and GN Docket No.                Suzanne.Singleton@fcc.gov.
                                                    of an SMI relative to property damage.
                                                                                                            15–178; FCC 16–169]                                    SUPPLEMENTARY INFORMATION: Pursuant
                                                    Thus, we expect that this NPRM would
                                                    likely be categorically excluded under                                                                         to 47 CFR 1.415, 1.419, interested
                                                                                                            Transition From TTY to Real-Time Text                  parties may file comments and reply
                                                    Section 2.b.2 and figure 2–1, paragraph                 Technology                                             comments on or before the dates
                                                    34(d) of the Instruction. We seek any
                                                                                                            AGENCY:  Federal Communications                        indicated in the DATES section.
                                                    comments or information that may lead
                                                                                                            Commission.                                            Comments may be filed using the
                                                    to the discovery of a significant
                                                                                                            ACTION: Proposed rule.                                 Commission’s ECFS. See Electronic
                                                    environmental impact from this NPRM.                                                                           Filing of Documents in Rulemaking
                                                    List of Subjects in 46 CFR Part 4                       SUMMARY:   In this document, the                       Proceedings, 63 FR 24121 (1998).
                                                                                                            Commission seeks comment on further                       • All hand-delivered or messenger-
                                                      Administrative practice and                           actions the Commission could                           delivered paper filings for the
                                                    procedure, Drug testing, Investigations,                undertake to continue the transition                   Commission’s Secretary must be
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                                                    Marine safety, National Transportation                  from outdated text telephony (TTY)                     delivered to FCC Headquarters at 445
                                                    Safety Board, Nuclear vessels, Radiation                technology to a reliable and                           12th Street SW., Room TW–A325,
                                                    protection, Reporting and recordkeeping                 interoperable means of providing real-                 Washington, DC 20554. The filing hours
                                                    requirements, Safety, Transportation.                   time text (RTT) communication over                     are 8:00 a.m. to 7:00 p.m. All hand
                                                                                                            Internet Protocol (IP) enabled networks                deliveries must be held together with
                                                      For the reasons discussed in the                      and services for people who are deaf,                  rubber bands or fasteners. Any
                                                    preamble, the Coast Guard proposes to                   hard of hearing, deaf-blind, or have a                 envelopes must be disposed of before
                                                    amend 46 CFR part 4 as follows:                         speech disability.                                     entering the building.


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                                                                            Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Proposed Rules                                            7767

                                                       • Commercial overnight mail (other                   summarizing oral ex parte                              connectivity with refreshable Braille
                                                    than U.S. Postal Service Express Mail                   presentations, and all attachments                     displays.
                                                    and Priority Mail) must be sent to 9300                 thereto, must be filed through the
                                                                                                                                                                   Establishing a Deadline To Sunset the
                                                    East Hampton Drive, Capitol Heights,                    electronic comment filing system
                                                                                                                                                                   Obligation To Ensure RTT Is Backward
                                                    MD 20743.                                               available for that proceeding, and must
                                                       • U.S. Postal Service first-class,                                                                          Compatible With TTY Technology
                                                                                                            be filed in their native format (e.g., .doc,
                                                    Express, and Priority mail must be                      .xml, .ppt, searchable .pdf). Participants                3. In document FCC 16–169, the
                                                    addressed to 445 12th Street SW.,                       in this proceeding should familiarize                  Commission concludes that it is
                                                    Washington DC 20554.                                    themselves with the Commission’s ex                    premature to establish a deadline to
                                                       This is a summary of the                             parte rules.                                           sunset the obligation to ensure that
                                                    Commission’s document FCC 16–169,                         To request materials in accessible                   services and equipment that support
                                                    Transition from TTY to Real-Time Text                   formats for people with disabilities                   RTT is backward compatible with TTY
                                                    Technology, Further Notice of Proposed                  (Braille, large print, electronic files,               technology, until the Commission has
                                                    Rulemaking, adopted December 15,                        audio format), send an email to fcc504@                gathered additional information about
                                                    2016, and released December 16, 2016,                   fcc.gov or call the Consumer and                       the deployment and effectiveness of the
                                                    in CG Docket No. 16–145 and GN                          Governmental Affairs Bureau at 202–                    transition from TTY to RTT technology.
                                                    Docket No. 15–178. The Report and                       418–0530 (voice), 202–418–0432 (TTY).                  The Commission believes that collecting
                                                    Order, FCC 16–169, adopted on                                                                                  such information will be useful for a
                                                    December 15, 2016, and released on                      Initial Paperwork Reduction Act of                     Commission determination as to when
                                                    December 16, 2016, is published                         1995 Analysis                                          TTY users have transitioned to RTT to
                                                    elsewhere in this issue. The full text of                 Document FCC 16–169 seeks                            a point that warrants elimination of the
                                                    document FCC 16–169 will be available                   comment on proposed rule amendments                    backward compatibility requirement. To
                                                    for public inspection and copying via                   that may result in modified information                this end, the Commission seeks
                                                    ECFS, and during regular business                       collection requirements. If the                        comment on the type of data and
                                                    hours at the FCC Reference Information                  Commission adopts any modified                         metrics that can be used to monitor the
                                                    Center, Portals II, 445 12th Street SW.,                information collection requirements, the               availability, adoption, and acceptance of
                                                    Room CY–A257, Washington, DC 20554.                     Commission will publish another notice                 RTT services and devices. For example,
                                                    This proceeding shall be treated as a                   in the Federal Register inviting the                   would it be useful to gather data on the
                                                    ‘‘permit-but-disclose’’ proceeding in                   public to comment on the requirements,                 total number of end user devices
                                                    accordance with the Commission’s ex                     as required by the Paperwork Reduction                 supporting RTT that are made available
                                                    parte rules. 47 CFR 1.1200 et seq.                      Act. Public Law 104–13; 44 U.S.C.                      for sale? Would it also be helpful to
                                                    Persons making ex parte presentations                   3501–3520. In addition, pursuant to the                track the adoption of RTT on services
                                                    must file a copy of any written                         Small Business Paperwork Relief Act of                 and devices used by public safety
                                                    presentation or a memorandum                            2002, the Commission seeks comment                     answering points (PSAPs), government
                                                    summarizing any oral presentation                       on how it might further reduce the                     entities, and businesses? To assess the
                                                    within two business days after the                      information collection burden for small                impact of RTT on PSAPs without IP
                                                    presentation (unless a different deadline               business concerns with fewer than 25                   connectivity, should the Commission
                                                    applicable to the Sunshine period                       employees. Public Law 107–198; 44                      track the frequency of RTT-to-TTY 911
                                                    applies). Persons making oral ex parte                  U.S.C. 3506(c)(4).                                     calls, and how should the Commission
                                                    presentations are reminded that                                                                                address contingencies if there is an
                                                    memoranda summarizing the                               Synopsis                                               adverse impact? To what extent can
                                                    presentation must (1) list all persons                     1. Real-time text is a mode of                      service providers also gather data on
                                                    attending or otherwise participating in                 communication that permits text to be                  RTT usage by consumers? Next, the
                                                    the meeting at which the ex parte                       sent immediately as it is being created.               Commission seeks input on when and
                                                    presentation was made, and (2)                          The Commission’s proposed action                       how such data should be reported. The
                                                    summarize all data presented and                        seeks to further ensure that people who                Commission currently requires wireless
                                                    arguments made during the                               are deaf, hard of hearing, deaf-blind, or              service providers who have been
                                                    presentation. If the presentation                       have a speech disability can fully utilize             granted waivers of the TTY obligations
                                                    consisted in whole or in part of the                    and benefit from twenty-first century                  to report to the Commission semi-
                                                    presentation of data or arguments                       communications technologies as the                     annually on the progress of their RTT
                                                    already reflected in the presenter’s                    United States migrates from legacy                     implementation efforts. Should the
                                                    written comments, memoranda or other                    circuit-switched systems to IP-based                   Commission require similar reports of
                                                    filings in the proceeding, the presenter                networks and services.                                 wireless and wireline service providers
                                                    may provide citations to such data or                      2. In document FCC 16–169, the                      and manufacturers? Should certain
                                                    arguments in his or her prior comments,                 Commission seeks further comment on:                   actions, such as the grant of a waiver,
                                                    memoranda, or other filings (specifying                    • Setting an appropriate timeline or                trigger a reporting requirement?
                                                    the relevant page and/or paragraph                      trigger for the sunset of service                      Alternatively, should any reporting
                                                    numbers where such data or arguments                    providers’ obligation to ensure                        requirement be postponed until after the
                                                    can be found) in lieu of summarizing                    backward compatibility between real-                   requirements for the wireline transition
                                                    them in the memorandum. Documents                       time text (RTT) and text telephone                     have been adopted? Are there other
                                                    shown or given to Commission staff                      (TTY) technology, and a proposed date                  reports collected by the Commission
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                                                    during ex parte meetings are deemed to                  of 2021 for this purpose;                              through which it should collect this or
                                                    be written ex parte presentations and                      • Integrating RTT into the provision                similar information on RTT?
                                                    must be filed consistent with 47 CFR                    of telecommunications relay services                      4. The Commission notes that by
                                                    1.1206(b). In proceedings governed by                   (TRS);                                                 2021, Tier I wireless service providers
                                                    47 CFR 1.49(f) or for which the                            • Addressing the RTT needs of                       will have had the opportunity to
                                                    Commission has made available a                         people with cognitive disabilities and                 support RTT on their IP-based networks
                                                    method of electronic filing, written ex                 people who are deaf-blind through the                  for three years, manufacturers will have
                                                    parte presentations and memoranda                       provision of block mode and                            been producing RTT-compliant


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                                                    7768                    Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Proposed Rules

                                                    equipment for two years, and smaller                    information about the benefits of RTT.                 of their obligations to provide and
                                                    wireless service providers will have                    It would appear, therefore, that                       support TTY-based TRS? Should
                                                    supported RTT on their network for at                   integrating RTT into TRS operations                    wireline IP-based voice service
                                                    least 18 months. For these reasons, and                 similarly would benefit text-reliant                   providers and equipment manufacturers
                                                    because by such date, the Commission                    users, and would fulfill a congressional               be required to support RTT before TRS
                                                    expects to have data sufficient to assess               directive to the Commission to ensure                  providers are required to support RTT?
                                                    adoption of RTT technology, the                         that TRS regulations ‘‘encourage . . .                    11. At the same time that the
                                                    Commission proposes to set a sunset                     the use of existing technology and do                  Commission recognizes that RTT has
                                                    date for RTT–TTY backward                               not discourage or impair the                           the potential to improve TRS for certain
                                                    compatibility of 2021 unless the                        development of improved technology.’’                  RTT users who choose to communicate
                                                    Commission finds a reason to extend                     In other words, taking this action will                directly in text with another party, the
                                                    this deadline. The Commission seeks                     ensure that TRS users are able to benefit              Commission agrees with commenters
                                                    comment on this proposal, and whether                   from evolving technologies in what will                that RTT should augment and
                                                    there is a different point in time when                 eventually be an all-IP environment.                   complement rather than supplant TRS,
                                                    it would be appropriate for the                            8. However, before adopting rules                   and seeks comment on this belief.
                                                    Commission to reassess the need for                     governing the provision of RTT as an                   Specifically, the Commission
                                                    covered entities to continue supporting                 integrated component of TRS, the                       acknowledges that some forms of TRS,
                                                    TTY technology via backward                             Commission seeks additional comment                    such as video relay service and speech-
                                                    compatibility on their IP-based voice                   on the costs, benefits, and technical                  to-speech service, may fulfill the needs
                                                    service networks. For example, should                   feasibility of enabling this feature for               of people with disabilities who are not
                                                    the Commission’s reassessment be tied                   various forms of TRS, for both TRS                     text-reliant users. The Commission
                                                    in any way to the implementation of the                 providers and TRS users. For example,                  therefore believes that the addition of
                                                    deployment of RTT technology over                       what changes would be needed in TRS                    RTT as a TRS option should not
                                                    wireline networks, or should this                       equipment (e.g., hardware, software, or                diminish the ability of individuals who
                                                    reassessment take place after the sunset                applications) to support RTT between                   are reliant on these other forms of TRS
                                                    of the public switched                                  an IP-based TRS user and the                           to continue having access to those
                                                    telecommunications network (PSTN)                       communications assistant (CA) or                       services. The Commission seeks
                                                    and the transition of all consumers to                  between the parties to the call? Will                  comment on this assumption.
                                                    IP-based wireless and wireline                          adoption of an RTT mandate require                        12. Finally, the Commission seeks
                                                    networks?                                               TRS providers or users to purchase new                 input on the mechanisms that are
                                                                                                            TRS equipment or updates to TRS                        needed to ensure that the provision of
                                                    Requirements for TRS Providers                          equipment software? To what extent                     RTT–TRS by IP-based providers
                                                       5. In document FCC 16–169, the                       will providers have to modify their call               effectively meets the communication
                                                    Commission allows wireless service                      routing and handling features?                         needs of TRS users. Should the
                                                    providers to support TRS access through                    9. Additionally, the Commission                     Commission require TRS providers to
                                                    RTT technology, including via 711                       seeks comment on whether the                           support RTT to enable text-based
                                                    abbreviated dialing access, in lieu of                  incorporation of RTT into the provision                communication between the CA and the
                                                    supporting TRS through TTY                              of TRS operations should be mandated                   text-reliant user; between the CA and
                                                    technology. The Commission further                      or only allowed. Along these lines, the                the other party to the call; or between
                                                    clarifies that wireless service providers               Commission seeks comment on the                        both parties to the call? Are there
                                                    transmitting such calls may comply                      appropriate regulatory treatment for                   technical challenges associated with
                                                    with these RTT support requirements by                  RTT in the TRS context. Specifically,                  supporting RTT in situations where the
                                                    ensuring that such communications are                   given that RTT is a text-based form of                 parties to the call are connected through
                                                    backward compatible with the TTY                        communication—as is TTY-based TRS                      an IP-based TRS provider? Should the
                                                    technology currently used in such call                  and IP Relay—should this feature be                    Commission require IP captioned
                                                    centers. This approach is designed to                   subject to the same regulatory treatment               telephone service (IP CTS) providers to
                                                    ensure that RTT users can place and                     that applies to TTY-based TRS, or                      support RTT transmission in any voice
                                                    receive TRS calls through state TRS                     would it be more appropriate to                        channels they provide and in any off-
                                                    program call centers even when such                     consider this akin to IP Relay for                     the-shelf equipment provided to IP CTS
                                                    centers are not equipped to receive RTT                 purposes of the Commission’s TRS                       users? Would the use of conversation
                                                    calls.                                                  rules? For example, should the                         windows help an IP CTS user
                                                       6. Some forms of TRS are provided                    Commission require RTT-based TRS                       distinguish between a direct RTT
                                                    over the PSTN, while others are made                    providers to meet the same mandatory                   communication received from the other
                                                    available via IP networks. In the Notice                minimum standards as currently                         party and text generated by an IP CTS
                                                    of Proposed Rulemaking (NPRM),                          applied to TTY-based TRS, such as call                 relay operator? Are there technical
                                                    published at 81 FR 33170, May 25,                       release functionality? To what extent                  standards the Commission should adopt
                                                    2016, preceding document FCC 16–169,                    should such providers be required to                   for the provision of RTT by IP-based
                                                    the Commission sought comment on                        handle emergency calls, and should                     TRS providers? The Commission seeks
                                                    whether and how it should amend the                     they adhere to the Commission’s rules                  comment specifically on the costs,
                                                    Commission’s TRS rules to authorize or                  for TTY-based TRS or IP Relay TRS for                  benefits, and feasibility of requiring IP-
                                                    require other forms of TRS to                           this purpose? Are there certain                        based TRS providers to incorporate RTT
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                                                    incorporate RTT capabilities into                       mandatory minimum standards that                       capability into the provision of their
                                                    platforms and terminal equipment used                   should not be applicable to RTT                        services and on other related matters.
                                                    with these services.                                    technology?                                            Finally, the Commission seeks comment
                                                       7. Comments in the record express a                     10. Given that TTY-based TRS is a                   on the appropriate timeline for adopting
                                                    variety of views as to the manner in                    mandated service for common carriers,                  RTT requirements for IP-based TRS
                                                    which RTT should be integrated into                     if the Commission requires the                         providers.
                                                    TRS operations. The record in this                      provision of RTT–TRS, at what point in                    13. Impact of RTT on TRS. In the
                                                    proceeding also contains extensive                      the future should providers be relieved                NPRM, the Commission assumed that


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                                                                            Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Proposed Rules                                             7769

                                                    because RTT will provide greater                        these issues? Is there a potential                     of 1999, and section 106 of the CVAA;
                                                    opportunities for direct, point-to-point                timeline for resolving concerns to                     47 U.S.C. 151, 152, 154(i), 225, 255, 303,
                                                    text communications and can enable                      support the use of refreshable Braille                 316, 615a–1, 615c, 617.
                                                    text to be intermixed with voice, it can                displays with RTT?
                                                                                                               15. Block mode allows the user to                   Listing of Small Entities to Which the
                                                    reduce reliance on relay services to the
                                                                                                            hold onto a text communication while                   Proposed Rules Will Apply
                                                    extent RTT capabilities in end user
                                                    devices become ubiquitous as a                          it is being composed, and then send it                    19. The majority of the proposals in
                                                    universal text solution. The Commission                 in its entirety, in a manner akin to short             document FCC 16–169 will affect
                                                    similarly noted that RTT could enhance                  message service (SMS) or text                          obligations on telecommunications
                                                    the ability of TRS to provide                           messaging. This enables the user to edit               carriers and providers, VoIP service
                                                    functionally equivalent telephone                       individual characters and groups of                    providers, wireline and wireless service
                                                    service for those individuals who                       words before sending a message. Some                   providers, advanced communications
                                                    continue to rely on TRS as their                        commenters agree that block mode is a                  services (ACS) providers, and
                                                    communication method. AT&T agrees                       desirable option that would enhance                    telecommunications equipment and
                                                    that it is important to review the                      effective communication for certain                    software manufacturers. Other entities,
                                                    potential impacts of RTT on TRS, and                    individuals and in certain situations.                 however, that choose to object to the
                                                    specifically to assess the need to adjust               The Commission seeks further comment                   substitution of RTT for TTY technology
                                                    the TRS Fund supporting these services                  on the extent to which offering a block                under the Commission’s amended rules
                                                    as this impact becomes clearer. The                     mode option will enhance service                       may be economically impacted by
                                                    Commission seeks comment on the best                    providers’ and manufacturers’ ability to               document FCC 16–169.
                                                    methodology to determine the extent to                  meet part 6, 7, and 14 performance                        • Wired Telecommunications
                                                    which RTT reduces reliance on TRS.                      objectives for people with certain types               Carriers;
                                                    Additionally, how can the Commission                    of disabilities.                                          • Local Exchange Carriers (LECs);
                                                    best determine the extent to which the                                                                            • Incumbent Local Exchange Carriers
                                                    introduction of RTT increases TRS use                   Initial Regulatory Flexibility Analysis                (Incumbent LECs);
                                                    among some consumers because it                           16. As required by the Regulatory                       • Competitive Local Exchange
                                                    enhances the ability of TRS to provide                  Flexibility Act, as amended (RFA), the                 Carriers (Competitive LECs),
                                                    functionally equivalent telephone                       Commission has prepared this Initial                   Competitive Access Providers (CAPs),
                                                    service? Should any data collected on                   Regulatory Flexibility Analysis (IRFA)                 Shared-Tenant Service Providers, and
                                                    the effect that RTT has on TRS wait                     of the possible significant economic                   Other Local Service Providers;
                                                    until wireline networks transition from                 impact on a substantial number of small                   • Interexchange Carriers;
                                                    TTY technology to RTT? What other                       entities by the policies and rules                        • Other Toll Carriers;
                                                    information should the Commission                       proposed in document FCC 16–169.                          • Wireless Telecommunications
                                                    consider in determining whether the                     Written public comments are requested                  Carriers (except Satellite);
                                                    availability and use of RTT necessitates                on this IRFA. Comments must be                            • Cable Companies and Systems
                                                    changes to the TRS program or its                       identified as responses to the IRFA and                (Rate Regulation);
                                                    funding?                                                must be filed by the deadlines for                        • All Other Telecommunications;
                                                                                                            comments specified in the DATES                           • TRS Providers;
                                                    Other RTT Features                                                                                                • Electronic Computer
                                                                                                            section. The Commission will send a
                                                       14. In the NPRM, the Commission                      copy of document FCC 16–169, to the                    Manufacturing;
                                                    sought comment on whether it is                         Chief Counsel for Advocacy of the Small                   • Telephone Apparatus
                                                    possible to identify certain RTT features               Business Administration (SBA).                         Manufacturing (wireline);
                                                    or functional capabilities that are                                                                               • Computer Terminal and Other
                                                    necessary to meet the communication                     Need for, and Objectives of, the                       Computer Peripheral Equipment
                                                    needs of individuals who are deaf-blind,                Proposed Rules                                         Manufacturing;
                                                    people with cognitive disabilities, or                     17. In document FCC 16–169, the                        • Radio and Television Broadcasting
                                                    other specific segments of the disability               Commission seeks comment on:                           and Wireless Communications
                                                    community. Some commenters suggest                         • Setting an appropriate timeline or                Equipment Manufacturing;
                                                    that slowing down an RTT text display                   trigger for the sunset of service                         • Other Communications Equipment
                                                    is necessary for refreshable Braille                    providers’ obligation to ensure                        Manufacturing; and
                                                    displays. They also suggest enabling                    backward compatibility between RTT                        • Software Publishers
                                                    Braille display users to suspend                        and TTY technology, and a proposal of                  Description of Projected Reporting,
                                                    incoming text when the user is typing,                  a date of 2021 for this purpose;                       Recordkeeping, and Other Compliance
                                                    because receiving text while typing on                     • Integrating RTT into the provision                Requirements
                                                    a Braille keyboard could cause                          of TRS; and
                                                    confusion. The Commission seeks                            • Addressing the RTT needs of                         20. In document FCC 16–169, the
                                                    comment on whether these and similar                    people with cognitive disabilities and                 Commission seeks comment on
                                                    features can enhance service providers’                 people who are deaf-blind through the                  integrating RTT into the provision of
                                                    and manufacturers’ ability to meet                      provision of block mode transmission                   TRS, requiring certain additional
                                                    performance objectives under 47 CFR                     and through connectivity with                          features and capabilities of RTT, and the
                                                    parts 6, 7, and 14 for individuals who                  refreshable Braille displays.                          appropriate timeline to sunset the
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                                                    use refreshable Braille displays,                                                                              requirement for backward compatibility
                                                    including people who are deaf-blind.                    Legal Basis                                            of RTT with TTY technology. With the
                                                    The Commission also seeks further                         18. The proposed action is authorized                following exception, these proposals do
                                                    comment on the technical and practical                  under sections 1, 2, 4(i), 225, 251, 255,              not include new or modified reporting,
                                                    challenges of supporting compatibility                  303, 316, and 716 of the                               recordkeeping, and other compliance
                                                    with refreshable Braille displays and                   Communications Act of 1934, as                         requirements. Specifically, in document
                                                    similar assistive technologies. What                    amended, section 6 of the Wireless                     16–169, the Commission seeks comment
                                                    current steps are being taken to examine                Communications and Public Safety Act                   on the type of data that should be


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                                                    7770                    Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Proposed Rules

                                                    collected to help determine the extent to               burdens and relieve possible adverse                   DEPARTMENT OF DEFENSE
                                                    which RTT reduces reliance on TRS or                    economic impact on small entities.
                                                    alternatively the extent to which the                                                                          GENERAL SERVICES
                                                                                                              24. In document FCC 16–169, the
                                                    introduction of RTT increases TRS use                                                                          ADMINISTRATION
                                                                                                            Commission also seeks comment on
                                                    among some consumers because it has                     identifying certain RTT features or
                                                    enhanced the ability of TRS to provide                                                                         NATIONAL AERONAUTICS AND
                                                                                                            functional capabilities, such as                       SPACE ADMINISTRATION
                                                    functionally equivalent telephone
                                                                                                            compatibility with refreshable braille
                                                    service.
                                                                                                            displays and block mode transmission,                  48 CFR Part 1
                                                    Steps Taken To Minimize Significant                     that are necessary to meet the
                                                    Economic Impact on Small Entities, and                  communication needs of individuals                     [FAR Case 2016–005; Docket No. 2016–
                                                    Significant Alternatives Considered                                                                            0005; Sequence No. 1]
                                                                                                            who are deaf-blind, people with
                                                                                                            cognitive disabilities, or other specific              RIN 9000–AN29
                                                       21. The RFA requires an agency to
                                                    describe any significant, specifically                  segments of the disability community.
                                                                                                            In seeking comments on feasibility, the                Federal Acquisition Regulation;
                                                    small business, alternatives that it has                                                                       Effective Communication Between
                                                    considered in reaching its proposed                     Commission seeks to integrate flexibility
                                                                                                                                                                   Government and Industry; Extension
                                                    approach, which may include the                         into the requirements to take into
                                                                                                                                                                   of Time for Comments
                                                    following four alternatives (among                      consideration the limitations of small
                                                    others): ‘‘(1) the establishment of                     businesses. Because the Commission                     AGENCY:  Department of Defense (DoD),
                                                    differing compliance or reporting                       will require implementation of these                   General Services Administration (GSA),
                                                    requirements or timetables that take into               features only if achievable, the                       and National Aeronautics and Space
                                                    account the resources available to small                Commission anticipates that there will                 Administration (NASA).
                                                    entities; (2) the clarification,                        be little to no impact on small entities               ACTION: Proposed rule; extension of
                                                    consolidation, or simplification of                     that would claim the requirement is not                comment period.
                                                    compliance or reporting requirements                    achievable.
                                                    under the rule for small entities; (3) the                                                                     SUMMARY:    DoD, GSA, and NASA issued
                                                    use of performance, rather than design,                 Federal Rules That May Duplicate,                      a proposed rule (FAR Case 2016–005)
                                                                                                            Overlap, or Conflict With the                          on November 29, 2016, amending the
                                                    standards; and (4) an exemption from
                                                                                                            Commission’s Proposals                                 Federal Acquisition Regulation (FAR) to
                                                    coverage of the rule, or any part thereof,
                                                                                                                                                                   implement a section of the National
                                                    for small entities.’’
                                                                                                              25. None.                                            Defense Authorization Act for Fiscal
                                                       22. In document FCC 16–169, the                                                                             Year 2016. This rule clarifies that
                                                    Commission seeks comment on the type                    Ordering Clauses                                       agency acquisition personnel are
                                                    of data and metrics that can be used to                                                                        permitted and encouraged to engage in
                                                    monitor the availability, adoption, and                   Pursuant to sections 4(i), 225, 255,
                                                                                                            301, 303(r), 316, 403, 715, and 716 of                 responsible and constructive exchanges
                                                    acceptance of RTT services and devices.                                                                        with industry, so long as those
                                                    This information is intended to help the                the Communications Act of 1934, as
                                                                                                                                                                   exchanges are consistent with existing
                                                    Commission determine when TTY users                     amended, and section 106 of the CVAA,
                                                                                                                                                                   law and regulation and do not promote
                                                    have transitioned to RTT to a point that                47 U.S.C. 154(i), 225, 255, 301, 303(r),               an unfair competitive advantage to
                                                    would warrant elimination of the                        316, 403, 615c, 616, 617, document FCC                 particular firms. The deadline for
                                                    requirement for RTT to be backward                      16–169 is adopted.                                     submitting comments is being extended
                                                    compatible with TTY. While the                            The Commission’s Consumer                            from January 30, 2017 to March 2, 2017
                                                    collection of data may initially burden                 Information Bureau, Reference                          to provide additional time for interested
                                                    small businesses, the eventual sunset of                Information Center, shall send a copy of               parties to provide comments on the FAR
                                                    the obligation to ensure that RTT is                                                                           case.
                                                                                                            document FCC 16–169, including the
                                                    backward compatible with TTY will in                                                                           DATES: For the proposed rule published
                                                                                                            Initial Regulatory Flexibility Analysis,
                                                    the long run reduce the burden for small                                                                       on November 29, 2016 (81 FR 85914),
                                                                                                            to the Chief Counsel for Advocacy of the
                                                    entities and emergency call centers to                                                                         submit comments by March 2, 2017.
                                                    maintain TTY technology and backward                    Small Business Administration.
                                                                                                                                                                   ADDRESSES: Submit comments in
                                                    compatibility capability.                               Federal Communications Commission.
                                                                                                                                                                   response to FAR Case 2016–005 by any
                                                       23. The Commission also seeks                        Katura Howard,                                         of the following methods:
                                                    comments on the costs, benefits,                        Federal Register Liaison Officer, Office of the           • Regulations.gov: http://
                                                    feasibility, and appropriate timeline for               Secretary.                                             www.regulations.gov. Submit comments
                                                    requiring IP-based TRS providers to                     [FR Doc. 2017–01382 Filed 1–19–17; 8:45 am]            via the Federal eRulemaking portal by
                                                    incorporate RTT capability into the                     BILLING CODE 6712–01–P                                 searching for ‘‘FAR Case 2016–005’’.
                                                    provision of their services. The                                                                               Select the link ‘‘Comment Now’’ that
                                                    information requested will inform the                                                                          corresponds with ‘‘FAR Case 2016–
                                                    Commission of concerns with the                                                                                005.’’ Follow the instructions provided
                                                    transition and appropriate timelines for                                                                       at the ‘‘Comment Now’’ screen. Please
                                                    all entities, which will allow the                                                                             include your name, company name (if
                                                    Commission to consider rules and                                                                               any), and ‘‘FAR Case 2016–005’’ on your
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    implementation deadlines that                                                                                  attached document.
                                                    minimize burdens and relieve possible                                                                             • Mail: General Services
                                                    adverse economic impact on small                                                                               Administration, Regulatory Secretariat
                                                    entities. The Commission’s gathering of                                                                        Division (MVCB), ATTN: Ms. Flowers,
                                                    information to determine the effect of                                                                         1800 F Street NW., 2nd Floor,
                                                    RTT on TRS services and the TRS Fund                                                                           Washington, DC 20405.
                                                    will allow the Commission to consider                                                                             Instructions: Please submit comments
                                                    changes to the rules that may minimize                                                                         only and cite FAR Case 2016–005, in all


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Document Created: 2017-01-20 01:29:59
Document Modified: 2017-01-20 01:29:59
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 February 22, 2017. Reply Comments are due March 24, 2017.
ContactMichael Scott, Consumer and Governmental Affairs Bureau, at (202) 418-1264 or email [email protected], or Suzy Rosen Singleton, Consumer and Governmental Affairs Bureau at (202) 510-9446 or email [email protected]
FR Citation82 FR 7766 
CFR Citation47 CFR 14
47 CFR 6
47 CFR 64
47 CFR 67
47 CFR 7

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