PUBLIC NOTICE Federal Communications Commission ion 445 12th Street, S.W. Washington, D.C. 20554 News Media Information 202-418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 08-1673 Released: July 16, 2008 NOTICE OF CERTIFICATION OF STATE TELECOMMUNICATIONS RELAY SERVICE (TRS) PROGRAMS CG DOCKET NO. 03-123 Notice is hereby given that the applications for certification of Telecommunication Relay Services (TRS) programs of the states1 listed below have been granted, pursuant to Title IV of the Americans with Disabilities Act (ADA), 47 U.S.C. § 225(f)(2), and section 64.606(b) of the Commission’s rules.2 On the basis of the state applications, the Consumer & Governmental Affairs Bureau (Bureau) has determined that: (1) The TRS program of the states meet or exceed all operational, technical, and functional minimum standards contained in section 64.604 of the Commission’s rules;3 (2) The TRS programs of the listed states make available adequate procedures and remedies for enforcing the requirements of the state program; and (3) The TRS programs of the listed states in no way conflict with federal law. The Bureau also has determined that, where applicable, the intrastate funding mechanisms of the listed states are labeled in a manner that promotes national understanding of TRS and does not offend the public, consistent with section 64.606(d) of the Commission’s rules.4 Because the Commission may adopt changes to the rules governing relay programs, including state relay programs, the certification granted herein is conditioned on a demonstration of compliance with any additional new rules that are adopted by the Commission. The Commission will provide guidance to the states on demonstrating compliance with such rule changes. In response to the Public Notice released seeking comment on the applications for certification of state TRS programs,5 the Commission received 84 comments, all of which address Speech-to-Speech 1 For purposes of this proceeding, the term “states” refers to states, U.S. territories, and the District of Columbia where applicable. 2 47 C.F.R. § 64.606(b). 3 47 C.F.R. § 64.604. 4 47 C.F.R. § 64.606(d). 5 Applications for Certification as Certified State Telecommunications Relay Service (TRS) Programs Filed; Pleading Cycle Established for Comment on Applications, CG Docket No. 03-123, Public Notice, DA 08-60 (Jan. 10, 2008). 2 (STS) outreach.6 As part of their applications for certification, states were required to submit specific examples of all outreach activities, including those targeted to users and receivers of STS services. We reviewed each of the outreach plans submitted by the states in conjunction with each of the applications listed below and found them to be in compliance with the Commission's requirements. The Bureau reminds states receiving certification herein of their continued obligation to engage in outreach activities, or to ensure that their contracted TRS providers conduct outreach in accordance with 47 C.F.R. § 64.604(c)(3).7 This certification, as conditioned herein, shall remain in effect for a five year period, beginning July 26, 2008, and ending July 25, 2013, pursuant to 47 C.F.R. § 64.606(c). One year prior to the expiration of this certification, July 25, 2012, the states may apply for renewal of their TRS program certification by filing documentation in accordance with the Commission's rules, pursuant to 47 C.F.R. §§ 64.606(a) and (b). STATES APPROVED FOR CERTIFICATION File No: TRS-46-07 File No: TRS-19-07 Alabama Public Service Commission Department of Commerce State of Alabama State of Alaska File No: TRS-47-07 File No: TRS-02-07 Arkansas Deaf and Hearing Impaired Commission for the Deaf and Hard of Hearing State of Arkansas State of Arizona File No: TRS-32-07 File No: TRS-23-07 California Public Utilities Commission Colorado Public Utilities Commission State of California State of Colorado File No: TRS-48-07 File No: TRS-35-07 Connecticut Department of Public Utility Delaware Public Service Commission State of Connecticut State of Delaware 6 Each comment was directed to a specific state program, and requested that the Commission review the STS outreach activities of the specified state prior to granting certification. The Commission received the following number of comments regarding the following states: California- 36, Colorado- 2, Georgia- 1, Hawaii- 4, Illinois- 5, Kansas- 2, Massachusetts- 1, Minnesota- 1, Montana- 5, Nebrask-1, New Jersey- 1, New Mexico- 1, New York- 3, Ohio- 2, Oregon- 2, Pennsylvania- 1, South Carolina- 2, South Dakota- 1, Vermont- 1, Virginia- 3, Washington- 1, Wisconsin- 8. 7 See 47 C.F.R. § 64.604(c)(3) Public Access to Information. This rule states, “[c]arriers, through publication in their directories, periodic billing inserts, placement of TRS instructions in telephone directories, through directory assistance services, and incorporation of TTY numbers in telephone directories, shall assure that callers in their service areas are aware of the availability and use of all forms of TRS. Efforts to educate the public about TRS should extend to all segments of the public, including individuals who are hard of hearing, speech disabled, and senior citizens as well as members of the general population. In addition, each common carrier providing telephone voice transmission services shall conduct, not later than October 1, 2001, ongoing education and outreach programs that publicize the availability of 711 access to TRS in a manner reasonably designed to reach the largest number of consumers possible.” 3 File No: TRS-49-07 File No: TRS-50-07 Public Service Commission Florida Public Service Commission District of Columbia State of Florida File No: TRS-51-07 File No: TRS-22-07 Georgia Pubic Service Commission Hawaii Public Utilities Commission State of Georgia State of Hawaii File No: TRS-43-07 File No: TRS-10-07 Idaho Public Service Commission Illinois Commerce Commission State of Idaho State of Illinois File No: TRS-08-07 File No: TRS-03-07 Indiana Telephone Relay Access Corporation Iowa Utilities Board State of Indiana State of Iowa File No: TRS-07-07 File No: TRS-52-07 Kansas Relay Services, Inc. Kentucky Public Service Commission State of Kansas Commonwealth of Kentucky File No: TRS-13-07 File No: TRS-53-07 Louisiana Relay Administration Board Maine Public Utilities Commission State of Louisiana State of Maine File No: TRS-33-07 File No: TRS-34-07 Telecommunications Access of Maryland Department of Telecommunications and Energy State of Maryland Commonwealth of Massachusetts File No: TRS-54-07 File No: TRS-39-07 Michigan Public Service Commission Minnesota Department of Commerce State of Michigan State of Minnesota File No: TRS-55-07 File No: TRS-15-07 Mississippi Public Service Commission Missouri Public Service Commission State of Mississippi State of Missouri File No: TRS-56-07 File No: TRS-40-07 Telecommunications Access Program Nebraska Public Service Commission State of Montana State of Nebraska File No: TRS-25-07 File No: TRS-42-07 Relay Nevada New Hampshire Public Service Commission State of Nevada State of New Hampshire File No: TRS-45-07 File No: TRS-14-07 New Jersey Board of Utilities Commission for the Deaf and Hard of Hearing State of New Jersey State of New Mexico File No: TRS-16-07 File No: TRS-30-07 New York State Department of Public Service Department of Health and Human Service State of New York State of North Carolina 4 File No: TRS-12-07 File No: TRS-37-07 Information Technology Department Public Utilities Commission of Ohio State of North Dakota State of Ohio File No: TRS-57-07 File No: TRS-36-07 Oklahoma Telephone Association Oregon Public Utilities Commission State of Oklahoma State of Oregon File No: TRS-58-07 File No: TRS-28-07 Pennsylvania Bureau of Consumer Services Telecommunications Regulatory Board Commonwealth of Pennsylvania Puerto Rico File No: TRS-59-07 File No: TRS-11-07 Division of Public Utilities and Carriers South Carolina Office of Regulatory Staff State of Rhode Island State of South Carolina File No: TRS-60-07 File No: TRS-20-07 Department of Human Services Tennessee Regulatory Authority Services State of South Dakota State of Tennessee File No: TRS-17-07 File No: TRS-61-07 Texas Public Utility Commission Virgin Islands Public Services Commission State of Texas U.S. Virgin Islands File No: TRS-09-07 File No: TRS-44-07 Utah Public Service Commission Vermont Department of Public Service State of Utah State of Vermont File No: TRS-04-07 File No: TRS-27-07 Department of the Deaf and Hard of Hearing Office of the Deaf and Hard of Hearing Commonwealth of Virginia State of Washington File No: TRS-06-07 File No: TRS-01-07 Public Service Commission of West Virginia Wisconsin Department of Administration State of West Virginia State of Wisconsin File No: TRS-18-07 Division of Vocational Rehabilitation State of Wyoming The full text of this document and filings will be available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. These documents and copies of subsequently filed documents in this matter may also be purchased from the Commission’s duplicating contractor at, Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554. Customers may contact the duplicating contractor at their website: www.bcpiweb.com or call 1-800-378-3160. Filings may also be viewed on the Consumer & Governmental Affairs Bureau’s, Disability Rights Office homepage at http://www.fcc.gov/cgb/dro/trs_by_state.html. 5 To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). This Public Notice can also be downloaded in Word and Portable Document Format (PDF) at http://www.fcc.gov/cgb/dro. For further information regarding this Public Notice, contact Diane Mason, Consumer and Governmental Affairs Bureau, Disabilities Rights Office (202) 418-7126 (voice), (202) 418-7828 (TTY), or e-mail Diane.Mason@fcc.gov. - FCC -