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October 13, 2011
VIA E-MAIL, FIRST CLASS MAIL, AND
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Mainstream VRS, LLC
Attn: Mr. Erik Wilson, President
6687 South Crestview Drive
Gilbert, AZ 85298
E-mail: erikwilson123@gmail.com
RE: EB-11-TC-104
This is an official CITATION issued by the Federal Communications
Commission (Commission or FCC) pursuant to section 503(b)(5) of the
Communications Act of 1934, as amended (the Communications Act or Act), 47
U.S.C. S: 503(b)(5), to Mainstream VRS, LLC (Mainstream VRS or the
Company) for violations of section 225 of the Act and section 64.601 et
seq. of the Commission's rules. As explained below, any future violations
of section 225 of the Act or section 64.601 et seq. of the Commission's
rules may subject the Company to further legal action, including monetary
fines (forfeitures) and/or other penalties.
Section 64.601 et seq. of the Commission's rules generally establishes the
requirements for entities participating in the Telecommunications Relay
Services (TRS) program, including those relating to the eligibility of
entities offering and providing TRS, mandatory minimum operating
standards, and data submissions. Under the Commission's rules, to the
extent that a TRS provider chooses to offer Video Relay Service (VRS), an
Internet-based form of TRS, the service can only be offered to the public
in the name of a provider eligible to receive reimbursements directly from
the TRS Fund (Eligible Providers). Eligible Providers may also utilize
sub-brand(s) to identify their VRS. Additionally, Eligible Providers must
route all VRS calls through a single URL address used by the Eligible
Provider to provide its VRS or a URL address it uses to provide VRS in the
name of a sub-brand.
Under section 64.604(c)(5)(iii)(N)(1)(iii) of the Commission's rules,
Eligible Providers were prohibited from having contracts authorizing a
third party to provide core functions associated with providing VRS.
However, the Commission stayed the effective date of section
64.604(c)(5)(iii)(N)(1)(iii) until November 15, 2011. This stay allows
Eligible Providers to have certain revenue sharing arrangements, including
subcontracting with third parties to provide interpretation services and
call center functions on the Eligible Provider's behalf. In such cases,
the third-party may not hold itself out as offering or providing the
service; the Eligible Provider must always be identified as the entity
offering and providing the VRS regardless of whether the service is
offered directly by the Eligible Provider or through a contract with a
third-party. Again, as discussed above, the stay of section
64.604(c)(5)(iii)(N)(1)(iii) of the Commission's rules is temporary.
Effective November 15, 2011, or such other date as the Commission may
designate, Eligible Providers will be prohibited from contracting with or
otherwise authorizing any third party to act on their behalf to provide
interpretation service or call center functions unless the third party has
been certified by the Commission as an Eligible Provider (i.e., it will be
a violation of section 64.601 et seq. for the Company to offer or provide
VRS, or act on behalf of an Eligible Provider by providing interpretation
services or call center functions, without having obtained from the
Commission a certification authorizing the Company to provide VRS and
receive reimbursements directly from the TRS Fund.).
Based on the foregoing and the record developed in this case, the
Enforcement Bureau (Bureau), acting through its delegated authority, finds
that Mainstream VRS, LLC violated section 225 of the Act and section
64.601 et seq. of the Commission's rules governing TRS. Specifically,
after June 1, 2011, the Company:
* Held itself out to the public as offering and providing VRS when the
Company is not an Eligible Provider.
Our investigation of the Company's violations is continuing. Recovery of
any monies associated with minutes that were processed through the
Company's URL and submitted to the TRS Fund administrator for
reimbursement will be handled through a separate process. The Commission
and/or the TRS Fund administrator will notify the Eligible Provider that
submitted such minutes to the TRS Fund administrator of any monies that
must be repaid.
If, after receipt of this citation, the Company again violates section 225
of the Act or section 64.601 et seq. of the Commission's rules, the
Commission may impose monetary forfeitures up to $16,000 for each such
violation, or up to $16,000 per day of a continuing violation. You are
advised that the Company's continued engagement in the activities
discussed above or engaging in the provision of VRS without proper
certification after issuance of this citation is a violation of section
64.601 et seq. and section 225 and could subject the Company to monetary
forfeiture in accordance with section 503 of the Communications Act.
* * * * *
RESPONDING TO THIS CITATION
You may respond to this citation within 30 days of the date of this letter
through (1) a written statement, (2) a telephone interview with the
Commission's Telecommunications Consumers Division in Washington, DC, or
(3) a personal interview at the Commission Field Office nearest to your
place of business.
If you would like to arrange a teleconference or personal interview,
please contact Ms. Sharon Lee at (202) 418-7534. Such teleconference or
interview must take place within 30 days of the date of this letter.
If you would like to submit a written response, including any supporting
documentation, you must send the response within 30 days of the date of
this letter to the address below:
Richard A. Hindman, Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
445 12th Street, S.W., Rm. 4-C224
Washington, D.C. 20554
Reference EB-11-TC-104 when corresponding with the Commission.
Reasonable accommodations for people with disabilities are available upon
request. Provide a description of the accommodation you will need,
including as much detail as you can. Also include a way we can contact you
if we need more information. Please allow at least five business days
advance notice; last minute requests will be accepted, but may be
impossible to fill. Send an e-mail to fcc504@fcc.gov or call the Consumer
& Governmental Affairs Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (TTY);
For accessible format materials (Braille, large print, electronic files,
and audio format):
202-418-0531 (voice), 202-418-7365 (TTY).
Under the Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment pursuant to 18 U.S.C. S: 1001.
Thank you in advance for your cooperation.
Sincerely,
Richard A. Hindman, Chief
Telecommunications Consumers Division
Enforcement Bureau
Federal Communications Commission
See 47 U.S.C. S: 225 and 47 C.F.R. S: 64.601 et seq.
All references in this citation to Mainstream VRS include all d/b/a
entities and any other entity names used by the Company to provide VRS.
Further, all references in this citation to the Company also include the
owners, principals and officers of this entity, as well as the corporate
entity itself.
47 C.F.R. S:S: 64.601-613.
47 C.F.R. S: 64.604(c)(5)(iii)(N)(1)(i). Entities that do not meet the
criteria currently in effect under section 64.604(c)(5)(iii)(F) of the
Commission's rules are prohibited from holding themselves out to the
public as providing VRS.
S: 64.604(c)(5)(iii)(N)(1)(ii) of the Commission's rules, 47 C.F.R. S:
64.604(c)(5)(iii)(N)(1)(ii). Sub-brands refer to brands such as those
associated with specific states, regions, communities, etc., established
by an Eligible Provider for the provision of its VRS.
Id.
47 C.F.R. S: 64.604(c)(5)(iii)(N)(1)(iii).
Structure and Practices of the Video Relay Service Program, CG Docket No.
10-51, Order Suspending Effective Date, FCC 11-145, 2011 WL 4526454 at 2,
para. 4, (September 30, 2011). The stay did not affect the requirements
under section 64.604(c)(5)(iii)(N)(1)(i) and (ii).
Call Center functions include call distribution, call routing, call setup,
mapping, call features, billing, and registration. 47 C.F.R. S:
64.604(c)(5)(iii)(N)(1)(iii).
S: 64.604(c)(5)(iii)(N)(1)(ii). Brand names such as XYZ Co. powered by
Eligible Provider or XYZ Co., a subcontractor of Eligible Provider, do not
comply with the requirement that service be offered in the name of the
Eligible Provider. Neither of these brand names clearly identifies the
Eligible Provider as the entity actually providing the service. See
Structure and Practices of the Video Relay Service Program, CG Docket No.
10-51, Report and Order and Further Notice of Proposed Rulemaking, 26 FCC
Rcd 6862 (2011).
See section 64.604(c)(5)(iii)(C) of the Commission's rules, 47 C.F.R. S:
64.604(c)(5)(iii)(C).
Federal Communications Commission DA 11-1696
2
4
Federal Communications Commission DA 11-1696
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554