FEDERAL COMMUNICATIONS COMMISSION
445 - 12th STREET S.W.
WASHINGTON, D.C. 20554

DA # 00-2383
October 23, 2000

The Enforcement Bureau issued a letter dated October 19, 2000, to the Maryland Public Service Commission (Maryland PSC) concerning the equal access obligations of interexchange carriers under the Commission's rules pertaining to telecommunications relay service (TRS). The rules provide that ``TRS users shall have access to their chosen interexchange carrier through TRS, and to all other operator services, to the same extent that such access is provided to voice users.'' 47 C.F.R. § 64.604(b)(3). TRS allows individuals with hearing or speech disabilities to communicate by telephone with individuals who may or may not have such disabilities. The facilities through which TRS calls are routed are operated by TRS ``providers'' and have have special equipment for receiving and processing voice and text calls. Those facilities are staffed by communications assistants (CAs) who relay conversations between the caller and the called party by either speaking or typing text.

In its letter to the Maryland PSC, the Enforcement Bureau strongly urged interexchange carriers (IXCs) that do not currently offer TRS access in states where they offer service to make the necessary arrangements to ensure that TRS users can access their services. The Bureau warned that a carrier's failure to take appropriate steps to enable access to its service by TRS users may lead to monetary forfeitures or other enforcement actions by the Commission. In addition, the Bureau noted that section 255 of the Communications Act and Part 6 of the FCC's rules place an obligation on all manufacturers of telecommunications equipment and providers of telecommunications service to ensure that their telecommunications products and services are ``accessible to and usable by'' persons with disabilities to the extent readily achievable. See 47 U.S.C. § 255; 47 C.F.R. § 6.1 et seq. The Bureau stated that section 255 of the Act could serve as an independent basis for enforcement action.

A copy of the letter is attached.

By the Chief, Enforcement Bureau

FOR FURTHER INFORMATION CONTACT: Thomas Wyatt at (202) 418-00963 (voice), (202) 418-8233 (TTY) or Suzanne Perrin at (202) 418-2874 (voice), (202) 418-1085 (TTY).

Re: Informal Request for a Letter Regarding the Obligation of Common Carriers Under Section 64.604(b)(3) of the Commission's Rules

Dear Ms. Miller:

This responds to your informal request for a letter from the Enforcement Bureau regarding the obligation of common carriers under Section 64.604(b)(3) of the FCC's rules pertaining to equal access to interexchange carriers by users of telecommunications relay service (TRS). As you know, section 64.604(b)(3) of the rules states that ``TRS users shall have access to their chosen interexchange carrier through TRS, and to all other operator services, to the same extent that such access is provided to voice users.'' 47 C.F.R. § 64.604(b)(3).

During a meeting with staff of the Enforcement Bureau's Telecommunications Consumer Division (TCD), you noted that of the approximately 350 interexchange carriers operating in Maryland, fewer than 25 of these carriers currently can be accessed by TRS users in the state. You also noted that many carriers in the state appear to be unaware of the equal access requirement for TRS or uncertain about the steps they need to take in order to make their services accessible to TRS users. In this regard, you indicated that a letter from the FCC reminding carriers of their obligations, and of possible consequences of non-compliance, would help achieve greater TRS compliance within the state. The Enforcement Bureau appreciates the opportunity to support the MPSC's efforts to promote compliance with FCC rules pertaining to access to interexchange carriers by TRS users.

As discussed in more detail below, we strongly urge IXCs that do not currently offer access to TRS users to contact the TRS provider or providers in states where they offer service and make the necessary arrangements to ensure that their services can be accessed by TRS users.[1] We note that TRS providers, pursuant to their service contracts with state relay administrators, have facilities and procedures in place for routing TRS calls to the carriers of choice designated by TRS users. In order for a TRS user to designate a carrier of choice, however, the desired carrier must have the capability to accept the call from the TRS Provider, complete it to its destination and obtain sufficient information to accurately rate and bill the call to the TRS caller.[2] In this regard, we note that carriers typically provide long distance services in designated areas in one of two basic ways. A carrier can build or lease facilities that interconnect with local exchange carrier (LEC) switching facilities, thereby enabling the carrier to transport calls to and from end user customers in the area. Alternatively, an IXC may elect to purchase and resell the services of another IXC operating in the area which already has the necessary transport capability. Thus, in those instances when IXCs elect not to interconnect with LEC facilities that serve the TRS provider's facilities, resale of another IXCs services may be a cost efficient alternative for obtaining connectivity with the TRS center for purposes of completing calls placed by TRS users. In any case, it is incumbent on the IXC to contact the TRS provider and ensure that the TRS Provider has sufficient information about the IXC's network and billing requirements to properly route TRS calls to the IXC.

The Commission previously emphasized the importance of the equal access requirement in section 64.604(b)(3) in a Report and Order amending its rules and policies pertaining to TRS.[3] The Commission stated that the equal access requirement is critical ``to ensuring that persons with hearing and speech disabilities who rely on TRS can realize the full benefits of an increasingly competitive telecommunications marketplace.'' See TRS Report and Order at ¶ 85. In addition, the Commission's Common Carrier Bureau released a Public Notice in September 1999 in which it reminded carriers of their equal access obligation under Section 64.604(b)(3). The Bureau noted that ``[v]arious competitive telecommunications services are continuing to enter the telecommunications market. To realize the full benefits of such competition, TRS users must have equal access to the public switched network to the same extent as non-TRS users.'' The Common Carrier Bureau admonished carriers to ``take appropriate measures to ensure that callers in the areas that they serve have access to their services through TRS.''[4]

Notwithstanding the warnings to carriers in the March 2000 TRS Report and Order and the Common Carrier Bureau's September 1999 Public Notice, it is clear that TRS users in many states do not currently have the same access to their carrier of choice as non-TRS users. The Bureau has heard from representatives in Maryland and other states that TRS users are often unable to place TRS calls through their chosen carrier or are unable to make "dial-around" calls using a carrier-specific access code. The Commission previously stated, ``[i]f TRS users are not able to use their carrier of choice and are forced to select an alternative provider, they may pay rates that are higher than those charged by their preferred carrier, or may not have access to particular services.''[5] This result is contrary to the Americans with Disabilities Act and the Commission's TRS rules. See 47 U.S.C. § 225(c); 47 C.F.R. §§ 64.603, 64.604(b)(3).

As the Commission emphasized in the TRS Report and Order, a carrier's failure to take appropriate steps to enable access to its service by TRS users may lead to monetary forfeitures[6] or other enforcement actions by the Commission. In addition, we note that section 255 of the Communications Act and Part 6 of the FCC's rules place an obligation on all manufacturers of telecommunications equipment and providers of telecommunications service to ensure that their telecommunications products and services are ``accessible to and usable by'' persons with disabilities to the extent readily achievable.[7] Section 255 could serve as an independent basis for enforcement action.

We trust that this letter is responsive to your request and will bolster and support access for TRS users in your state. Please note that Thomas Wyatt of the Enforcement Bureau's Telecommunications Consumer Division is the Enforcement Bureau's principal contact for TRS compliance matters. He may be reached at (202) 418-0963 (voice) or (202) 418-8233 (TTY).

Sincerely, David H. Solomon Chief, Enforcement Bureau

¹ Some TRS Providers have informally reported to Enforcement Bureau staff that they have specific information and procedures in place to inform or educate carriers about the requirements for making their services accessible to TRS users. We note further that this information is posted on the web sites of some TRS Providers.

² If an IXC requested by the TRS caller has not made the necessary arrangements with the TRS Provider, the caller must select an alternate carrier or is defaulted to a carrier which has the capability to carry the call placed from the TRS Provider, often at rates that are higher than those that would have been charged by the carrier requested by the TRS caller.

³ Telecommunications Relay Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 98-67 (FCC No. 00-56) (March 6, 2000) (TRS Report and Order) (rules amended to expand the kinds of relay service available to consumers and improve the quality of relay services).

⁴ See Common Carrier Bureau Reminds Carriers of Their Obligation to provide Access to their Telecommunications Services via TRS, Public Notice, DA-99-1871 (Com.Car.Bur. rel. Sept. 14, 1999).

⁵ See TRS Report and Order at ¶ 85.

⁶ The Communications Act gives the Commission, and its staff pursuant to delegated authority, broad powers to inquire into or investigate the activities and practices of parties who are subject to the Act's requirements. See, e.g., sections 4(i) and 403 of the Act, 47 U.S.C. §§ 154(i), 403. In addition, section 503(b) of the Act authorizes the Commission to assess monetary forfeitures against common carriers of up to one hundred thousand dollars for each violation, or day of a continuing violation, up to a statutory maximum of one million dollars for a single act or failure to act. 47 U.S.C. § 503(b). See also 47 C.F.R. § 1.80(b)(5) (inflation adjustments to the maximum forfeiture amount).

⁷ See 47 U.S.C. § 255; 47 C.F.R. §§ 6.1 et seq.