Federal Communications Commission DA 11-211 Before the Federal Communications Commission Washington, D.C. 20554 In the Matters of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities E911 Requirements for IP-Enabled Service Providers Internet-Based Telecommunications Relay Service Numbering ) ) ) ) ) ) ) ) ) ) ) CG Docket No. 03-123 WC Docket No. 05-196 WC Docket No. 10-191 ORDER Adopted: February 4, 2011 Released: February 4, 2011 By the Chiefs, Consumer and Governmental Affairs Bureau and Wireline Competition Bureau: 1. In this Order, the Consumer and Governmental Affairs Bureau and the Wireline Competition Bureau (the Bureaus) grant a six-month extension of the waiver regarding treatment of toll free numbers in the Internet-based Telecommunications Relay Service (iTRS) numbering directory (iTRS Directory),1 in response to the TDI Coalition’s request for a further extension.2 This waiver extension will ensure that calls to users of Video Relay Service (VRS) and Internet Protocol (IP) Relay continue to be routed without disruption while the Commission considers the record in response to its Notice of Proposed Rulemaking regarding numbering issues for iTRS (iTRS Toll Free NPRM).3 2. As discussed in previous waiver extensions, in the Toll Free Waiver Order, the Bureaus waived the portion of the Toll Free Clarification Public Notice that stated that toll free numbers and ten- 1 Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, CC Docket No. 98-67; E911 Requirements for IP-Enabled Service Providers, WC Docket No. 05-196, Order, 24 Rcd 14342 (2009) (Toll Free Waiver Order). The Bureaus have previously extended this waiver. See Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, CC Docket No. 98-67; E911 Requirements for IP-Enabled Service Providers, WC Docket No. 05-196, Order, 25 FCC Rcd 3331 (2010) (extending the waiver from April 4, 2010 until August 4, 2010); see also Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, CC Docket No. 98-67; E911 Requirements for IP-Enabled Service Providers, WC Docket No. 05-196, Order, 25 FCC Rcd 10647 (2010) (extending the waiver from August 4, 2010 until February 4, 2011). 2 TDI Coalition Third Request to Extend Waiver, CG Docket No. 03-123, WC Docket No. 05-196, CG Docket No. 10-51 at 1-2 (filed Jan. 18, 2011) (requesting a six-month extension). 3 See Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123; E911 Requirements for IP-Enabled Service Providers, WC Docket No. 05-196; Internet-Based Telecommunications Relay Numbering, WC Docket No. 10-191, Notice of Proposed Rulemaking, 25 FCC Rcd 13767 (2010) (seeking comment on steps the Commission should take to improve assignment of telephone numbers associated with iTRS, specifically VRS). Federal Communications Commission DA 11-211 2 digit geographic numbers should not be directed to the same uniform resource identifier (URI) in the iTRS Directory.4 The Bureaus determined that there was good cause to waive this requirement because iTRS users were experiencing dialing difficulties for point-to-point and certain dial-around calls.5 Subsequently, the Bureaus concluded that a waiver was necessary to avoid any possible service disruption while the Commission considered the range of toll free issues that have evolved since the issuance of the First Internet-based TRS Order in 2008.6 The waiver has been extended with the most recent extension to expire on February 4, 2011. 3. We find there is good cause to extend this waiver once more to avoid any possible service disruption for iTRS users.7 The Commission has sought comment, in the iTRS Toll Free NPRM, on treatment of toll free numbers, and in particular mapping toll free numbers to local numbers in the iTRS Directory.8 We agree with the TDI Coalition that a six-month extension is in the public interest.9 Specifically, a six-month extension will allow the Commission to consider the record in response to our iTRS Toll Free NPRM. 4. Accordingly, IT IS ORDERED, pursuant to the authority contained in sections 1, 4(i), 4(j), 225, and 251(e), of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 225, and 251(e), and sections 0.91, 0.141, 0.291, 0.361, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.141, 0.291, 0.361, 1.3, that this Order IS ADOPTED, and that the Commission’s requirement that toll free numbers and ten-digit geographic numbers not be directed to the same URI in the iTRS Directory is waived until August 4, 2011. 5. IT IS FURTHER ORDERED that the Third Request to Extend Waiver filed by the TDI Coalition on January 18, 2011, IS GRANTED. 4 Toll Free Waiver Order, 24 FCC Rcd at 14342-43, paras. 1-2 (2009); see also id. at para. 3 (explaining the history of the Commission’s iTRS ten-digit numbering system and steps taken to transition iTRS users away from the exclusive use of toll free numbers and directing iTRS users’ toll free numbers to their ten-digit geographic numbers). 5 Toll Free Waiver Order at 14344–45, para. 5. 6 Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123; E911 Requirements for IP-Enabled Service Providers, WC Docket No. 05-196, Report and Order and Further Notice of Proposed Rulemaking, 23 FCC Rcd 11591 (2008) (First Internet-based TRS Order); see also Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123; E911 Requirements for IP-Enabled Service Providers, WC Docket No. 05-196, Second Report and Order and Order on Reconsideration, 24 FCC Rcd 791 (2008); Clarification Regarding the Use of Toll Free Numbers for Internet-Based Telecommunications Relay Services, CG Docket No. 03-123, CC Docket No. 98-67, WC Docket No. 05-196, Public Notice, 24 FCC Rcd 10626 (2009); Structure and Practices of the Video Relay Service Program, CG Docket No. 10-51, Notice of Inquiry, 25 FCC Rcd 8597 (2010). 7 The Commission may waive its rules—in whole or in part—“for good cause shown.” A waiver of our rules is appropriate if “special circumstances warrant a deviation from the general rule and such deviation will serve the public interest.” See 47 C.F.R. § 1.3; see also Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). 8 iTRS Toll Free NPRM, 25 FCC Rcd at 13778-79, para. 22 (seeking comment on the proposal that mapping to the iTRS directory be mandatory). 9 TDI Coalition Third Request to Extend Waiver at 2. Federal Communications Commission DA 11-211 6. To request materials in accessible formats (such as Braille, large print, electronic files, or audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This Order can also be downloaded in Word and Portable Document Formats (PDF) at http://www.fcc.gov/cgb/dro/trs.html#orders. FEDERAL COMMUNICATIONS COMMISSION Joel Gurin Chief Consumer and Governmental Affairs Bureau Sharon Gillett Chief Wireline Competition Bureau