PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 12-1886 Released: November 20, 2012 THE CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU GRANTS CSDVRS, LLC. FULL CERTIFICATION AS A PROVIDER OF VIDEO RELAY SERVICE ELIGIBLE FOR COMPENSATION FROM THE INTERSTATE TELECOMMUNICATIONS RELAY SERVICES (TRS) FUND CG DOCKET NO. 10-51 By the Chief, Consumer and Governmental Affairs Bureau: The Consumer and Governmental Affairs Bureau (Bureau) hereby grants CSDVRS, LLC (CSDVRS), an incumbent video relay service (VRS) provider, full certification for eligibility to receive compensation from the Interstate Telecommunications Relay Services Fund (Fund)1 for the provision of VRS.2 On September 21, 2007, the Commission granted CSDVRS certification for the provision of VRS, for a five-year period expiring September 21, 2012.3 On June 15, 2012, CSDVRS filed an application for Commission recertification for eligibility to receive compensation from the Fund.4 On September 18, 1 The Communications Act of 1934, as amended, defines telecommunications relay services (TRS) as: . . . telephone transmission services that provide the ability for an individual who is deaf, hard of hearing, deaf-blind, or who has a speech disability to engage in communication by wire or radio with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio. 47 U.S.C. § 225(a)(3) (as amended by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), Pub. L. No. 111-260, § 103(b), 124 Stat. 2751, 2755 (2010); Pub. L. No. 111-265 (technical amendments to CVAA)). The Interstate TRS Fund compensates eligible providers of interstate TRS and Internet- based TRS (iTRS) for their reasonable costs of providing these services. See 47 C.F.R. § 64.604(c)(5)(iii). 2 VRS is a form of Internet-based TRS (iTRS) that uses a broadband Internet connection between the VRS user and the communications assistant (CA) to enable a person using American Sign Language to communicate over video with another party through a CA. During a VRS call, the CA relays the communications between the two parties, signing what the other party says to the deaf or hard of hearing user and responding in voice to the other party to the call. 3 See Notice of Certification of CSDVRS Telecommunications, Inc. as a Provider of Video Relay Service (VRS) Eligible for Compensation from the Interstate Telecommunications Relay Service (TRS) Fund, CG Docket No. 03- 123, Public Notice, 22 FCC Rcd 17014 (2007). 4 CSDVRS, LLC, Internet-based TRS Certification Application for Renewal by CSDVRS, LLC, CG Docket Nos. 03- 123 & 10-51 (filed June 15, 2012, supplemented Aug. 27, 2012) (CSDVRS Recertification Application). See 47 C.F.R. § 64.606; Structure and Practices of the Video Relay Service Program, CG Docket No. 10-51, Second Report and Order and Order, 26 FCC Rcd 10898 (2011) (iTRS Certification Order). In its application CSDVRS refers to itself as ZVRS, its marketing brand name. 22012, the Bureau granted the CSDVRS Recertification Application on a conditional basis for a period of sixty (60) days, which is set to expire on November 20, 2012.5 The conditional certification was granted pending confirmation of CSDVRS’ compliance with all applicable rules and orders where grant of such additional certification would be consistent with the objective of preventing waste, fraud, and abuse to the Fund.6 In the iTRS Certification Order released on July 28, 2011, the Commission amended its requirements and processes for certifying iTRS providers as eligible for compensation from the Fund, to ensure that iTRS providers receiving certification are qualified to provide iTRS in compliance with the Commission’s rules, and to eliminate waste, fraud, and abuse through improved oversight of such providers.7 These rules require that all iTRS providers obtain certification from the Commission to be eligible to receive compensation from the Fund.8 They further require that all VRS applicants for certification lease, license or own, as well as operate, essential facilities associated with iTRS call centers and employ their own CAs to staff those centers on the date of their application for certification.9 Each iTRS applicant for certification is also required to submit specific types of documentary evidence that demonstrate its compliance with Commission rules, including those adopted in the VRS Practices R&O.10 On October 17, 2011, the Commission released the iTRS Certification Clarification Order,11 clarifying certain aspects of the certification requirements adopted in the iTRS Certification Order and modifying section 64.606 of the Commission’s rules to lessen the burdens on applicants for certification associated with the submission of certain documentation to the Commission.12 Based on our further review of the CSDVRS Recertification Application and our on-site inspections of CSDVRS’ facilities and operations, we find that CSDVRS currently provides VRS in compliance with the Commission’s rules and orders, and that CSDVRS is qualified to receive 5 Notice of Conditional Grant of Application of CSDVRS, LLC. for Recertification as a Provider of Video Relay Service Eligible for Compensation from the Interstate Telecommunications Relay Service (TRS) Fund, CG Docket No. 10-51, Public Notice, 27 FCC Rcd 11116 (2012) (CSDVRS Conditional Grant PN). While noting that it previously granted conditional certification to a number of providers for an indefinite duration, the Bureau stated its belief that a more incremental approach may be warranted in situations where the Bureau finds additional time is necessary to assess an applicant’s compliance with the Commission’s rules. 6 CSDVRS Conditional Grant PN at 1-2; see also iTRS Certification Order, 26 FCC Rcd at 10914, ¶ 37; 47 C.F.R. § 64.606(b)(2),(c)(2). 7 iTRS Certification Order, 26 FCC Rcd at 10899, ¶ 1. The measures adopted in the iTRS Certification Order were part of the Commission’s ongoing and transitional efforts to reform the structure and practices of the VRS program, and the certification processes by which the Commission grants conditional certification may be superseded or modified by future Commission actions on VRS reform. 8 Id., ¶ 2. 9 Id. 10 See, e.g., 47 C.F.R. § 64.606(a); see also Structure and Practices of the Video Relay Service Program, Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 5545 (2011) (VRS Practices R&O). 11 Structure and Practices of the Video Relay Service Program, Sprint Nextel Corporation Expedited Petition for Clarification, Sorenson Communications, Inc. Petition for Reconsideration of Two Aspects of the Certification Order, AT&T Services, Inc. Petition for Reconsideration of AT&T, CG Docket No. 10-51, Memorandum Opinion and Order, Order, and Further Notice of Proposed Rulemaking, 26 FCC Rcd 14895 (2011) (iTRS Certification Clarification Order). 12 See id. at 14902-04, ¶¶ 16-20. 3compensation from the Fund for the provision of VRS.13 We therefore certify CSDVRS as eligible for compensation from the Fund for the provision of VRS. This certification shall remain in effect for a period of five years from the release date of this Public Notice.14 We emphasize that despite the grant of this full certification, CSDVRS must continue to operate in compliance with all relevant Commission rules and orders.15 We reserve the right to conduct ongoing monitoring of CSDVRS’ operations to ensure continuing compliance and to review any additional documentation necessary to ascertain the veracity of the assertions made in the CSDVRS Recertification Application.16 We also reserve the right to investigate CSDVRS’ compliance with our rules and orders and to take any enforcement action, including suspension or revocation of this certification.17 Redacted copies of the CSDVRS Recertification Application and its supplement are available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Suite CY-A257, Washington, DC 20554, (202) 418-0270. The full text of this Public Notice is similarly available for public inspection or copying. These documents may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC 20554. Customers may contact BCPI at its web site: www.bcpiweb.com, or by calling 1-800-378-3160. Redacted copies of the CSDVRS Recertification Application and its supplement may also be found by searching on the Commission’s Electronic Comment Filing System (ECFS) at http://www.fcc.gov/cgb/ecfs (insert CG Docket No. 10-51 into the Proceeding block). 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 and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This Public Notice can also be downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro. For further information, please contact Gregory Hlibok, Consumer and Governmental Affairs Bureau, Disability Rights Office, at (202) 559-5158 (voice/videophone), (202) 418-0431 (TTY), or e-mail at Gregory.Hlibok@fcc.gov. - FCC - 13 See CSDVRS Conditional Grant PN, 27 FCC Rcd at 11118; iTRS Certification Order, 26 FCC Rcd at 10914, ¶ 37; 47 C.F.R. §§ 64.606(b)(2), (c)(2). 14 See id., § 64.606(c)(2). 15 CSDVRS Conditional Grant PN, 27 FCC Rcd at 11118. 16 iTRS Certification Order, 26 FCC Rcd at 10900, ¶ 2. 17 See 47 C.F.R. § 64.606(e)(2).