Goto Section: 64.610 | 64.613 | Table of Contents

FCC 64.611
Revised as of April 23, 2019
Goto Year:2018 | 2020
  § 64.611   Internet-based TRS registration.

   (a) Default provider registration. Every provider of VRS or IP Relay
   must, no later than December 31, 2008, provide users with the
   capability to register with that VRS or IP Relay provider as a “default
   provider.” Upon a user's registration, the VRS or IP Relay provider
   shall:

   (1) Either:

   (i) Facilitate the user's valid number portability request as set forth
   in 47 CFR 52.34; or, if the user does not wish to port a number,

   (ii) Assign that user a geographically appropriate North American
   Numbering Plan telephone number; and

   (2) Route and deliver all of that user's inbound and outbound calls
   unless the user chooses to place a call with, or receives a call from,
   an alternate provider.

   (3) Certification of eligibility of VRS users. (i) A VRS provider
   seeking compensation from the TRS Fund for providing VRS to a
   particular user registered with that provider must first obtain a
   written certification from the user, attesting that the user is
   eligible to use VRS.

   (ii) The certification required by paragraph (a)(3)(i) of this section
   must include the user's attestation that:

   (A) The user has a hearing or speech disability; and

   (B) The user understands that the cost of VRS calls is paid for by
   contributions from other telecommunications users to the TRS Fund.

   (iii) The certification required by paragraph (a)(3)(i) of this section
   must be made on a form separate from any other agreement or form, and
   must include a separate user signature specific to the certification.
   For the purposes of this rule, an electronic signature, defined by the
   Electronic Signatures in Global and National Commerce Act, as an
   electronic sound, symbol, or process, attached to or logically
   associated with a contract or other record and executed or adopted by a
   person with the intent to sign the record, has the same legal effect as
   a written signature. For the purposes of this rule, an electronic
   record, defined by the Electronic Signatures in Global and National
   Commerce Act as a contract or other record created, generated, sent,
   communicated, received, or stored by electronic means, constitutes a
   record.

   (iv) Each VRS provider shall maintain the confidentiality of any
   registration and certification information obtained by the provider,
   and may not disclose such registration and certification information or
   the content of such registration and certification information except
   as required by law or regulation.

   (v) VRS providers must, for existing registered Internet-based TRS
   users, submit the certification required by paragraph (a)(3)(i) of this
   section to the TRS User Registration Database within 60 days of notice
   from the Managing Director that the TRS User Registration Database is
   ready to accept such information.

   (vi) When registering a user that is transferring service from another
   VRS provider, VRS providers shall obtain and submit a properly executed
   certification if a query of the TRS User Registration Database shows a
   properly executed certification has not been filed.

   (vii) VRS providers shall require their CAs to terminate any call which
   does not involve an individual eligible to use VRS due to a hearing or
   speech disability or, pursuant to the provider's policies, the call
   does not appear to be a legitimate VRS call, and VRS providers may not
   seek compensation for such calls from the TRS Fund.

   (4) TRS User Registration Database Information Requirements for VRS.
   Each VRS provider shall collect and transmit to the TRS User
   Registration Database, in a format prescribed by the administrator of
   the TRS User Registration Database, the following information for each
   of its new and existing registered internet-based TRS users: Full name;
   address; ten-digit telephone number assigned in the TRS numbering
   directory; last four digits of the social security number or Tribal
   Identification number, if the registered internet-based TRS user is a
   member of a Tribal nation and does not have a social security number;
   date of birth; Registered Location; VRS provider name and dates of
   service initiation and termination; a digital copy of the user's
   self-certification of eligibility for VRS and the date obtained by the
   provider; the date on which the user's identification was verified; and
   (for existing users only) the date on which the registered
   internet-based TRS user last placed a point-to-point or relay call.

   (5) Assignment of iTRS Numbers to Hearing Point-to-Point Video Users.
   (i) Before assigning an iTRS telephone number to a hearing individual,
   a VRS provider shall obtain from such individual, the individual's full
   name, residential address, date of birth, and a written certification,
   attesting that the individual:

   (A) Is proficient in sign language;

   (B) Understands that the iTRS number may be used only for the purpose
   of point-to-point communication over distances with registered VRS
   users; and

   (C) Understands that such iTRS number may not be used to access VRS.

   (ii) Before assigning an iTRS telephone number to a hearing individual,
   a VRS provider also shall obtain the individual's consent to provide
   the information required by this paragraph (a)(5) to the TRS User
   Registration Database. Before obtaining such consent, the VRS provider,
   using clear, easily understood language, shall describe the specific
   information to be provided, explain that the information is provided to
   ensure proper administration of the TRS program and inform the
   individual that failure to provide consent will result in denial of
   service. VRS providers shall obtain and keep a record of affirmative
   acknowledgment of such consent by every hearing point-to-point video
   user to whom an iTRS number is assigned.

   (iii) The certification required by paragraph (a)(5)(i) of this section
   must be made on a form separate from any other agreement or form, and
   must include a separate signature specific to the certification. For
   the purposes of this rule, an electronic signature, defined by the
   Electronic Signatures in Global and National Commerce Act, as an
   electronic sound, symbol, or process, attached to or logically
   associated with a contract or other record and executed or adopted by a
   person with the intent to sign the record, has the same legal effect as
   a written signature. For the purposes of this rule, an electronic
   record, defined by the Electronic Signatures in Global and National
   Commerce Act as a contract or other record created, generated, sent,
   communicated, received, or stored by electronic means, constitutes a
   record.

   (iv) Before commencing service to any hearing point-to-point video user
   to whom a VRS provider assigns an iTRS number on or after the TRS User
   Registration Database is operational, a VRS provider shall submit to
   the TRS User Registration Database the information listed in paragraph
   (a)(5)(i) of this section and the following additional information:

   (A) The ten-digit telephone number assigned in the TRS Numbering
   Directory to the hearing point-to-point user;

   (B) The VRS provider's name and the date of service initiation; and

   (C) The date on which a ten-digit number was assigned to or removed
   from a hearing point-to-point user.

   (v) For all other hearing point-to-point video users to whom a VRS
   provider has assigned an iTRS number, the VRS provider shall transmit
   the information required by paragraph (a)(5)(iv) of this section within
   60 days after the TRS User Registration Database is operational.

   (vi) Upon the termination of service to any hearing point-to-point
   video user, a VRS provider shall submit to the TRS User Registration
   Database the date of termination of service.

   (vii) A VRS provider shall maintain the confidentiality of the
   information about hearing individuals required by this paragraph (a)(5)
   and may not disclose such information except as required by law or
   regulation.

   (viii) Before commencing service to a hearing point-to-point video user
   who is transferring point-to-point video service from another VRS
   provider, a VRS provider shall notify the TRS User Registration
   Database of such transfer and shall obtain and submit a properly
   executed certification under paragraph (a)(5)(i) of this section.

   (ix) Hearing individuals who are assigned iTRS numbers under this
   paragraph (a)(5) shall not be deemed registered VRS users. VRS
   providers shall not be compensated and shall not seek compensation from
   the TRS Fund for any VRS calls to or from such iTRS numbers.

   (b) Mandatory registration of new users. As of December 31, 2008, VRS
   and IP Relay providers must, prior to the initiation of service for an
   individual that has not previously utilized VRS or IP Relay, register
   that new user as described in paragraph (a) of this section.

   (c) Obligations of default providers and former default providers. (1)
   Default providers must:

   (i) Obtain current routing information, including IP addresses or
   domain names and user names, from their Registered Internet-based TRS
   Users;

   (ii) Provision such information to the TRS Numbering Directory; and

   (iii) Maintain such information in their internal databases and in the
   TRS Numbering Directory.

   (2) Internet-based TRS providers (and, to the extent necessary, their
   Numbering Partners) must:

   (i) Take such steps as are necessary to cease acquiring routing
   information from any VRS, IP Relay, or hearing point-to-point video
   user that ports his or her number to another VRS or IP Relay provider
   or otherwise selects a new default provider;

   (ii) Communicate among themselves as necessary to ensure that:

   (A) Only the default provider provisions routing information to the
   central database; and

   (B) VRS and IP Relay providers other than the default provider are
   aware that they must query the TRS Numbering Directory in order to
   obtain accurate routing information for a particular user of VRS or IP
   Relay.

   (d) Proxy numbers. After December 31, 2008, a VRS or IP Relay provider:

   (1) May not assign or issue a proxy or alias for a NANP telephone
   number to any user; and

   (2) Must cease to use any proxy or alias for a NANP telephone number
   assigned or issued to any Registered Internet-based TRS User.

   (e) Toll free numbers. A VRS or IP Relay provider:

   (1) May not assign or issue a toll free number to any VRS or IP Relay
   user.

   (2) That has already assigned or provided a toll free number to a VRS
   or IP Relay user must, at the VRS or IP Relay user's request,
   facilitate the transfer of the toll free number to a toll free
   subscription with a toll free service provider that is under the direct
   control of the user.

   (3) Must within one year after the effective date of this Order remove
   from the Internet-based TRS Numbering Directory any toll free number
   that has not been transferred to a subscription with a toll free
   service provider and for which the user is the subscriber of record.

   (f) iTRS access technology. (1) Every VRS or IP Relay provider must
   ensure that all iTRS access technology they have issued, leased, or
   otherwise provided to VRS or IP Relay users delivers routing
   information or other information only to the user's default provider,
   except as is necessary to complete or receive “dial around” calls on a
   case-by-case basis.

   (2) All iTRS access technology issued, leased, or otherwise provided to
   VRS or IP Relay users by Internet-based TRS providers must be capable
   of facilitating the requirements of this section.

   (g) User notification. Every VRS or IP Relay provider must include an
   advisory on its website and in any promotional materials addressing
   numbering or E911 services for VRS or IP Relay.

   (1) At a minimum, the advisory must address the following issues:

   (i) The process by which VRS or IP Relay users may obtain ten-digit
   telephone numbers, including a brief summary of the numbering
   assignment and administration processes adopted herein;

   (ii) The portability of ten-digit telephone numbers assigned to VRS or
   IP Relay users;

   (iii) The process by which persons using VRS or IP Relay may submit,
   update, and confirm receipt by the provider of their Registered
   Location information;

   (iv) An explanation emphasizing the importance of maintaining accurate,
   up-to-date Registered Location information with the user's default
   provider in the event that the individual places an emergency call via
   an Internet-based relay service;

   (v) The process by which a VRS or IP Relay user may acquire a toll free
   number, or transfer control of a toll free number from a VRS or IP
   Relay provider to the user;

   (vi) The process by which persons holding a toll free number request
   that the toll free number be linked to their ten-digit telephone number
   in the TRS Numbering Directory; and

   (vii) If the provider assigns iTRS numbers to hearing point-to-point
   video users, an explanation that hearing point-to-point video users
   will not be able to place an emergency call.

   (2) VRS and IP Relay providers must obtain and keep a record of
   affirmative acknowledgment by every Registered Internet-based TRS User
   of having received and understood the advisory described in this
   subsection.

   (h)-(i) [Reserved]

   (j)(1) IP CTS Registration and Certification Requirements.

   (i) IP CTS providers must first obtain the following registration
   information from each consumer prior to requesting compensation from
   the TRS Fund for service provided to the consumer: The consumer's full
   name, date of birth, last four digits of the consumer's social security
   number, full residential address, and telephone number.

   (ii) [Reserved]

   (iii) [Reserved]

   (iv) Self-certification prior to August 28, 2014. IP CTS providers, in
   order to be eligible to receive compensation from the TRS Fund for
   providing IP CTS, also must first obtain a written certification from
   the consumer, and if obtained prior to August 28, 2014, such written
   certification shall attest that the consumer needs IP CTS to
   communicate in a manner that is functionally equivalent to the ability
   of a hearing individual to communicate using voice communication
   services. The certification must include the consumer's certification
   that:

   (A) The consumer has a hearing loss that necessitates IP CTS to
   communicate in a manner that is functionally equivalent to
   communication by conventional voice telephone users;

   (B) The consumer understands that the captioning service is provided by
   a live communications assistant; and

   (C) The consumer understands that the cost of IP CTS is funded by the
   TRS Fund.

   (v) Self-certification on or after August 28, 2014. IP CTS providers
   must also first obtain from each consumer prior to requesting
   compensation from the TRS Fund for the consumer, a written
   certification from the consumer, and if obtained on or after August 28,
   2014, such certification shall state that:

   (A) The consumer has a hearing loss that necessitates use of captioned
   telephone service;

   (B) The consumer understands that the captioning on captioned telephone
   service is provided by a live communications assistant who listens to
   the other party on the line and provides the text on the captioned
   phone;

   (C) The consumer understands that the cost of captioning each internet
   protocol captioned telephone call is funded through a federal program;
   and

   (D) The consumer will not permit, to the best of the consumer's
   ability, persons who have not registered to use internet protocol
   captioned telephone service to make captioned telephone calls on the
   consumer's registered IP captioned telephone service or device.

   (vi) The certification required by paragraphs (j)(1)(iv) and (v) of
   this section must be made on a form separate from any other agreement
   or form, and must include a separate consumer signature specific to the
   certification. Beginning on August 28, 2014, such certification shall
   be made under penalty of perjury. For purposes of this rule, an
   electronic signature, defined by the Electronic Signatures in Global
   and National Commerce Act, 15 U.S.C. 7001 et seq., as an electronic
   sound, symbol, or process, attached to or logically associated with a
   contract or other record and executed or adopted by a person with the
   intent to sign the record, has the same legal effect as a written
   signature.

   (vii) Third-party certification prior to August 28, 2014. Where IP CTS
   equipment is or has been obtained by a consumer from an IP CTS
   provider, directly or indirectly, at no charge or for less than $75 and
   the consumer was registered in accordance with the requirements of
   paragraph (j)(1) of this section prior to August 28, 2014, the IP CTS
   provider must also obtain from each consumer prior to requesting
   compensation from the TRS Fund for the consumer, written certification
   provided and signed by an independent third-party professional, except
   as provided in paragraph (j)(1)(xi) of this section.

   (viii) To comply with paragraph (j)(1)(vii) of this section, the
   independent professional providing certification must:

   (A) Be qualified to evaluate an individual's hearing loss in accordance
   with applicable professional standards, and may include, but are not
   limited to, community-based social service providers, hearing related
   professionals, vocational rehabilitation counselors, occupational
   therapists, social workers, educators, audiologists, speech
   pathologists, hearing instrument specialists, and doctors, nurses and
   other medical or health professionals;

   (B) Provide his or her name, title, and contact information, including
   address, telephone number, and email address; and

   (C) Certify in writing that the IP CTS user is an individual with
   hearing loss who needs IP CTS to communicate in a manner that is
   functionally equivalent to telephone service experienced by individuals
   without hearing disabilities.

   (ix) Third-party certification on or after August 28, 2014. Where IP
   CTS equipment is or has been obtained by a consumer from an IP CTS
   provider, directly or indirectly, at no charge or for less than $75,
   the consumer (in cases where the equipment was obtained directly from
   the IP CTS provider) has not subsequently paid $75 to the IP CTS
   provider for the equipment prior to the date the consumer is registered
   to use IP CTS, and the consumer is registered in accordance with the
   requirements of paragraph (j)(1) of this section on or after August 28,
   2014, the IP CTS provider must also, prior to requesting compensation
   from the TRS Fund for service to the consumer, obtain from each
   consumer written certification provided and signed by an independent
   third-party professional, except as provided in paragraph (j)(1)(xi) of
   this section.

   (x) To comply with paragraph (j)(1)(ix) of this section, the
   independent third-party professional providing certification must:

   (A) Be qualified to evaluate an individual's hearing loss in accordance
   with applicable professional standards, and must be either a physician,
   audiologist, or other hearing related professional. Such professional
   shall not have been referred to the IP CTS user, either directly or
   indirectly, by any provider of TRS or any officer, director, partner,
   employee, agent, subcontractor, or sponsoring organization or entity
   (collectively “affiliate”) of any TRS provider. Nor shall the third
   party professional making such certification have any business, family
   or social relationship with the TRS provider or any affiliate of the
   TRS provider from which the consumer is receiving or will receive
   service.

   (B) Provide his or her name, title, and contact information, including
   address, telephone number, and email address.

   (C) Certify in writing, under penalty of perjury, that the IP CTS user
   is an individual with hearing loss that necessitates use of captioned
   telephone service and that the third party professional understands
   that the captioning on captioned telephone service is provided by a
   live communications assistant and is funded through a federal program.

   (xi) In instances where the consumer has obtained IP CTS equipment from
   a local, state, or federal governmental program, the consumer may
   present documentation to the IP CTS provider demonstrating that the
   equipment was obtained through one of these programs, in lieu of
   providing an independent, third-party certification under paragraphs
   (j)(1)(vii) and (ix) of this section.

   (xii) Each IP CTS provider shall maintain records of any registration
   and certification information for a period of at least five years after
   the consumer ceases to obtain service from the provider and shall
   maintain the confidentiality of such registration and certification
   information, and may not disclose such registration and certification
   information or the content of such registration and certification
   information except as required by law or regulation.

   (xiii) [Reserved]

   (2) TRS User Registration Database Information for IP CTS. (i) Each IP
   CTS Provider shall collect and transmit to the TRS User Registration
   Database, in a format prescribed by the administrator of the TRS User
   Registration Database, the following information for each of its new
   and existing registered IP CTS users:

   (A) Full name;

   (B) Full residential address;

   (C) Telephone number;

   (D) A unique identifier such as the electronic serial number (ESN) of
   the user's IP CTS device, the user's log-in identification, or the
   user's email address;

   (E) The last four digits of the user's social security number or Tribal
   Identification number (or alternative documentation, if such
   documentation is permitted by and has been collected pursuant to Misuse
   of internet Protocol (IP) Captioned Telephone Service;
   Telecommunications Relay Services and Speech-to-Speech Services for
   Individuals with Hearing and Speech Disabilities, Order, 30 FCC Rcd
   1093 (CGB 2015));

   (F) Date of birth;

   (G) Registered Location (if applicable);

   (H) IP CTS provider name;

   (I) Date of service initiation and (when applicable) termination;

   (J) A digital copy of the user's self-certification of eligibility for
   IP CTS and the date obtained by the provider; and

   (K) For existing users onlythe date on which the IP CTS user last
   placed an IP CTS call.

   (ii) Each IP CTS provider shall obtain, from each new and existing
   registered IP CTS user, consent to transmit the registered IP CTS
   user's information to the TRS User Registration Database. Prior to
   obtaining such consent, the IP CTS provider shall describe to the
   registered IP CTS user, using clear, easily understood language, the
   specific information obtained by the IP CTS provider from the user that
   is to be transmitted, and inform the user that the information is being
   transmitted to the TRS User Registration Database to ensure proper
   administration of the TRS program, and that failure to provide consent
   will result in the registered IP CTS user being denied service. IP CTS
   providers shall keep a record of affirmative acknowledgment of such
   consent by every registered IP CTS user.

   (iii) Registration of Emergency Shelter Devices. An IP CTS provider may
   seek and receive TRS Fund compensation for the provision of captioning
   service to users of a temporary, public IP CTS device set up in an
   emergency shelter, provided that, before commencing service to such a
   device, the IP CTS provider collects, maintains in its registration
   records, and submits to the TRS User Registration Database all
   information reasonably requested by the administrator, including the
   telephone number and location of the device. IP CTS providers shall
   remove the device's registration information from the Database when
   service for such a device is terminated.

   (iv) By the date of initiation of service to an IP CTS user or device,
   or one year after notice from the Commission that the TRS User
   Registration Database is ready to accept such information, whichever is
   later, IP CTS providers shall submit to the TRS User Registration
   Database the registration information required by paragraph (j)(2)(i)
   or (iii) of this section. Calls from or to registered IP CTS users or
   devices whose registration information has not been populated in the
   TRS User Registration Database by the applicable date shall not be
   compensable, and an IP CTS provider shall not seek TRS Fund
   compensation for such calls.

   (v) When registering a user who is transferring service from another IP
   CTS provider, IP CTS providers shall obtain and submit a digital copy
   of a user's self-certification of eligibility if a query of the TRS
   User Registration Database shows a properly executed certification has
   not been filed.

   (3) An IP CTS provider shall not seek TRS Fund compensation for
   providing captioning service to any individual or device if the
   registration information for such individual or device has been removed
   from the TRS User Registration Database, or if the provider obtains
   information that the individual or device is not eligible to receive IP
   CTS.

   (k) Compliance date. Paragraph (j)(2) of this section contains new or
   modified information-collection and recordkeeping requirements adopted
   in FCC 19-11. Compliance with these information-collection and
   recordkeeping requirements will not be required until after approval by
   the Office of Management and Budget. The Commission will publish a
   document in the Federal Register announcing that compliance date and
   revising this paragraph accordingly.

   [ 73 FR 41295 , July 18, 2008, as amended at  76 FR 59557 , Sept. 27, 2011;
    78 FR 40608 , July 5, 2013;  82 FR 17763 , Apr. 13, 2017;  82 FR 39683 ,
   Aug. 22, 2017;  84 FR 8461 , Mar. 8, 2019]

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Goto Year: 2018 | 2020
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