Federal Communications Commission DA 15-1045
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
InnoCaption, Inc.
)
)
)
)
)
)
)
File No.:  EB-TCD-14-00017284
Acct. No.:  201532170018
FRN:  0021788484
ORDER
Adopted: September 24, 2015 Released: September 24, 2015
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission
(Commission) has entered into a Consent Decree to resolve its investigation into whether InnoCaption, 
Inc. (InnoCaption or Company), was unable to accept and handle emergency calls made by users of its 
wireless Internet Protocol Captioned Telephone Service (IP CTS) and submitted inaccurate data to the 
Telecommunications Relay Service (TRS) Fund administrator.  The ability to make emergency calls and 
to have them handled expeditiously is a critical service for all citizens, including persons with disabilities 
accessing our nation’s communications network through TRS.  Providers of TRS must be able to accept 
and handle emergency calls at all times and to the extent there are any problems in accepting and handling 
such emergency calls, those problems should be detected by the TRS provider and notice should be 
provided to the Commission.  In addition, in order to maintain the integrity of the TRS Fund and to avoid 
undermining the efficiency and effectiveness of the TRS program, it is essential that TRS providers 
adhere to Commission rules requiring those providers to submit accurate data to the TRS Fund 
administrator.  
2. In September 2014, Commission staff found that the Company did not accept and handle 
emergency calls made through its IP CTS.  To settle this matter InnoCaption admits that the Company 
learned that it could not accept and handle emergency calls prior to being certified and made inaccurate 
submissions to the TRS Fund administrator.  While the Company indicated the problem had been 
corrected, subsequent 911 test calls through InnoCaption’s service continued to reflect the Company’s 
inability to accept and handle emergency calls in compliance with the Commission’s emergency call 
handling rule.
1
  InnoCaption will implement a compliance plan, pay a $25,000 civil penalty, and, until the 
termination of the Consent Decree, file compliance reports with the Bureau. Finally, Innocaption has 
reimbursed the TRS Fund for money the Company received from the TRS Fund to which it was not 
entitled, and represents and warrants that it has relinquished any and all rights and claims to 
reimbursements that the Company may otherwise seek, for IP CTS calls handled during that time period.  
                                                     
1
On April 2, 2015, InnoCaption announced that to address its emergency call handling issues, the Company would 
temporarily cease to offer IP CTS as of April 7, 2015.  On April 7, 2015, the Consumer and Governmental Affairs 
Bureau issued an order temporarily suspending InnoCaption’s certification.  Misuse of Internet Protocol (IP) 
Captioned Telephone Service, Structure and Practices of the Video Relay Service Program, Telecommunications 
Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Miracom USA, 
Inc. (now InnoCaption, Inc.), Certification to Provide Internet Protocol Captioned Telephone Service (IP CTS), 
Review of InnoCaption, Inc., Request for Review of Withholding of TRS Fund Compensation Payments, CG Docket 
Nos. 13-24, 10-51, 03-123, Order, 30 FCC 2934 (CGB 2015).
Federal Communications Commission DA 15-1045
2
3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and terminating the 
referenced investigation regarding InnoCaption’s compliance with the Commission’s rules governing 
TRS.
2
  
4. The facts disclosed through our investigation bear on InnoCaption’s qualifications to hold 
a Commission certification and may be used in any determination as to whether InnoCaption is eligible 
for certification as a Telecommunications Relay Services provider.  
5. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act 
of 1934, as amended,
3
and the authority delegated by Sections 0.111 and 0.311 of the Rules,
4
the attached 
Consent Decree IS ADOPTED and its terms incorporated by reference.
6. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be 
sent by first class mail and certified mail, return receipt requested, to Cristina Duarte, Regulatory Affairs 
Manager, InnoCaption, Inc., 2913-C Saturn Street, Brea, CA  92821.
FEDERAL COMMUNICATIONS COMMISSION
Travis LeBlanc 
Chief 
Enforcement Bureau
                                                     
2
See 47 C.F.R. §§ 64.604(a)(3)(ii), 64.604(c)(5)(iii)(D)(1), 64.605(a)(2).
3
47 U.S.C. § 154(i).
4
47 C.F.R §§ 0.111, 0.311.
Federal Communications Commission DA 15-1045
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
InnoCaption, Inc.
)
)
)
)
)
)
)
File Nos.:  EB-TCD-14-00017284
Acct. No.:  201532170018
FRN:  0021788484
CONSENT DECREE
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission and 
InnoCaption, Inc. (InnoCaption or Company), by their authorized representatives, hereby enter into this 
Consent Decree for the purpose of terminating the Enforcement Bureau’s investigation into whether 
InnoCaption violated Sections 64.604(a)(3)(ii), 64.604(c)(5)(iii)(D)(1) and 64.605(a)(2) of the 
Commission’s Rules in the Company’s provision of Internet Protocol Captioned Telephone Service (IP 
CTS) and submissions to the TRS Fund administrator.
1
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended.
2
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent 
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(d) “Call Detail Record” or “CDR” means the monthly data submissions the Company
provides to the TRS Fund administrator for the purpose of seeking reimbursement 
from the TRS Fund.  See 47 C.F.R. § 64.604(c)(5)(iii)(D)(1)-(3).
(e) “Commission” and “FCC” mean the Federal Communications Commission and all of 
its bureaus and offices.
(f) “Communications Assistant” or “CA” shall have the same meaning as the term is 
defined in 47 C.F.R. § 64.601(a)(10).
(g) “Communications Laws” means collectively, the Act, the Rules, and the published 
and promulgated orders and decisions of the Commission to which InnoCaption is 
subject by virtue of its business activities, including but not limited to the TRS Rules.
(h) “Compliance Plan” means the compliance obligations, program, and procedures 
described in this Consent Decree at paragraph 16.
(i) “Covered Personnel” means all employees and agents of InnoCaption who perform, or 
supervise, oversee, or manage the performance of duties that relate to InnoCaption’s 
responsibilities under the Communications Laws, including the TRS Rules.
                                                     
1
47 C.F.R. §§ 64.604(a)(3)(ii), 64.604(c)(5)(iii)(D)(1), 64.605(a)(2).
2
47 U.S.C. § 151 et seq.
Federal Communications Commission DA 15-1045
2
(j) “Effective Date” means the date by which both the Bureau and Company have signed 
the Consent Decree.
(k) “Emergency Call Handling Requirements” means requirements adopted in the TRS 
Rules to enable emergency calling, including facilitating the acceptance and handling 
of 911 Calls made by TRS users.  
(l) “InnoCaption” or “Company” means InnoCaption, Inc. and its affiliates, subsidiaries, 
predecessors-in-interest, and successors-in-interest.
(m) “Internet Protocol Captioned Telephone Service” or “IP CTS” shall have the same 
meaning as the term is defined in 47 C.F.R, § 64.601(a)(16).
(n) “Investigation” means the investigation commenced by the Bureau in EB-TCD-14-
00017284 regarding whether InnoCaption violated the Commission’s TRS Rules.
(o) “LOI” means the Letter of Inquiry issued by the Bureau to InnoCaption on September 
29, 2014, on file in EB-TCD-14-00017284 regarding the Company’s provision of 
Internet Protocol Captioned Telephone Service and submissions to the TRS Fund 
administrator.
(p) “911 Call” means any IP CTS call initiated by an end-user by dialing 9-1-1 for the 
purpose of accessing an emergency service provider.  
(q) “Operating Procedures” means the standard internal operating procedures and 
compliance policies established by the Company to implement the Compliance Plan.
(r) “Parties” means the Company and the Bureau, each of which is a “Party.”
(s) “Public Safety Answering Point” or “PSAP” shall have the same meaning as the term 
is defined in 47 C.F.R. § 64.3000(c).  
(t) “Rules” means the Commission’s regulations found in Title 47 of the Code of Federal 
Regulations.
(u) “Telecommunications Relay Services” or “TRS” shall have the same meaning as the 
term is defined in 47 C.F.R, § 64.601(a)(32).
(v) “TRS Fund administrator” means the entity selected by the Commission to administer 
the TRS Fund, currently “RolkaLoube.”
(w) “TRS Rules” means the regulations set forth at Section 64.601 through Section 64.636 
of the Rules, 47 C.F.R. § 64.601-64.636, Commission orders implementing and 
interpreting 47 U.S.C. § 225 of the Act, and any other Rules and orders applicable to 
InnoCaption as an iTRS provider.
II. BACKGROUND
3. Telecommunications Relay Services (TRS) enable an individual with a hearing or speech 
disability to communicate with others in a manner that is functionally equivalent to a hearing individual’s 
ability to communicate using voice communications services.
3
  In 2007, the Commission recognized 
Internet Protocol Captioned Telephone Service (IP CTS) as an eligible form of TRS, compensable from 
the Interstate TRS Fund.
4
  IP CTS enables people who can use their own voice but have difficulty hearing 
when on a call, to engage in a telephone conversation using an Internet Protocol (IP) enabled device that 
allows them to listen to the other party while simultaneously reading captions of what that party is 
                                                     
3
See 46 C.F.R. § 64.601(a)(32).
4
Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities, CG Docket No. 03-123, Declaratory Ruling, 22 FCC Rcd 379 (2007) (IP CTS Declaratory Ruling).
Federal Communications Commission DA 15-1045
3
saying.
5
In order to provide IP CTS and be compensated from the Interstate TRS Fund, an entity must be 
certified by the Commission.
6
4. As a part of the functional equivalency mandate, TRS providers must be capable of 
handling any type of call normally provided by telecommunications carriers, including 911 Calls.
7
  To 
emphasize the importance of TRS users’ access to emergency services, the Commission adopted specific 
Emergency Call Handling Requirements.  Pursuant to Section 64.605(a)(2) of the Rules, IP CTS 
providers are required to accept and handle 911 Calls, determine an appropriate public safety answering 
point (PSAP), designated statewide default answering point, or appropriate local emergency authority that 
corresponds to the caller's location, and relay the call to that entity.  IP CTS providers also must 
implement a system that ensures that 911 Calls are answered before non-emergency calls, and among 
other things, allows the user’s information, e.g., caller’s name and location, to be collected at the 
beginning of the call and provided to the PSAP, designated statewide default answering point, or 
appropriate local emergency authority to enable a 911 Call to be reconnected in the event one or both legs 
of a call is disconnected.
8
  IP CTS providers may allow third party entities to handle 911 Calls or any 
function associated with handling 911 Calls on its behalf, but the certified provider remains ultimately 
responsible for complying with the Rules.
9
5. InnoCaption is a certified IP CTS provider that solely provides service through a mobile 
application (App).
10
  To produce captions delivered to users of its service, InnoCaption uses 
stenographers, rather than the automated speech recognition-based method used by other IP CTS 
providers.  The Company has asserted that this method allows it to achieve at least a 95 percent caption 
accuracy rate and display captions within one to two seconds of the spoken words.
11
  On May 13, 2014, 
the Consumer and Governmental Affairs Bureau (CGB) granted InnoCaption a conditional certification 
based on review of the Company’s application for certification, supplemental filings, and the Company’s 
representations that it could comply with the TRS Rules.
12
  InnoCaption began offering IP CTS on June 
                                                     
5
See 47 CFR § 64.601(a)(16).
6
See 47 CFR § 64.606.
7
See 47 C.F.R. § 64.604(a)(3)(ii).The mandatory minimum standards governing the provision of TRS, requires that 
TRS providers have the capability to handle any type of call normally provided by telecommunications carriers 
unless the Commission determines that it is not technologically feasible to do so or the requirement to handle a 
specific type of call has been waived by the Commission.
8
See 47 CFR § 64.605(a)(2).
9
See 47 C.F.R. § 64.605(a)(2)(i).
10
Notice of Conditional Grant of Application of Miracom USA, Inc., for Certification as a Provider of Internet 
Protocol Captioned Telephone Service Eligible for Compensation from the Telecommunications Relay Service 
Fund, CG Docket Nos. 03-123, 10-51, and 13-24, Public Notice, 29 FCC Rcd 5105 (2014) (Miracom Certification 
PN).  Conditional certification was granted to Miracom, USA, Inc., the entity who submitted the application for 
certification.  Miracom notified the Commission on Aug. 11, 2014, that it had changed its name to InnoCaption, Inc.
11
Miracom Certification PN, 29 FCC Rcd 5105, at *2, n. 9.
12
Notice of Conditional Grant of Application of Miracom USA, Inc., for Certification as a Provider of Internet 
Protocol Captioned Telephone Service Eligible for Compensation from the Telecommunications Relay Service 
Fund, CG Docket Nos. 03-123, 10-51, and 13-24, Public Notice, 29 FCC Rcd 5105 (2014) (Miracom Certification 
PN).  Conditional certification was granted to Miracom, USA, Inc., the entity who submitted the application for 
certification.  Miracom changed its name to InnoCaption, Inc. post certification.  See also, Miracom USA, Inc., 
Application of Miracom USA, Inc. for Certification to Provide IP Captioned Telephone Service, CG Docket No. 03-
123 (filed Nov. 23, 2011) (Application); Letters from George L. Lyon, Jr., Lukas, Nace, Gutierrez & Sachs, LLP, to 
Marlene H. Dortch, FCC Secretary, and attachments, CG Docket Nos. 03-123, 10-51 (filed May 7, 2012) (Miracom 
May 7, 2012 Submission); Miracom, Amendment to Application of Miracom USA, Inc. for Certification to Provide 
IP Captioned Telephone Service, CG Docket Nos. 03-123, 10-51 (filed May 17, 2012) (Miracom May 17, 2012 
Amendment); Miracom, Amendment to Application of Miracom USA, Inc. for Certification to Provide IP Captioned 
(continued….)
Federal Communications Commission DA 15-1045
4
11, 2014; the Company subsequently requested compensation for minutes handled from June 2014 
forward.  
6. In September 2014, Commission staff tested InnoCaption’s service and found that the 
Company did not accept 911 Calls.  Specifically, after dialing 9-1-1 staff received a pop-up message 
stating “no emergency call supported. Please exit InnoCaption dialer and call from phone dialer.”  CGB
notified InnoCaption of the failed test calls and directed the Company to provide the Commission with 
additional information and notice to consumers of its inability to handle 911 Calls.
13
  On September 29, 
2014, the Bureau’s Telecommunications Consumers Division (TCD) issued a Letter of Inquiry (LOI) to 
InnoCaption seeking information on its 911 Call handling process, including testing and complaints.
14
InnoCaption timely filed responses to both inquiries.
7.   InnoCaption admitted that the Company learned that it could not accept and handle 911 
Calls prior to being certified.
15
InnoCaption also admitted that at no time before the inquiries did the 
Company notify the Commission that it could not comply with the Emergency Call Handling 
Requirements.
16
8. While InnoCaption claims to have implemented a 911 call handling solution in early 
September, the Commission conducted test calls from September 12, 2014, through March 16, 2015, and 
all test calls failed because they either were not accepted or did not comply with other Emergency Call 
Handling Requirements, e.g., passing through information to the PSAP.
17
  Although InnoCaption was 
unable to accept and handle 911 calls, the Company submitted minutes of use to the TRS Fund 
administrator for compensation and these submissions included a certification made under penalty of 
perjury that the minutes were handled in compliance with the Commission’s rules.
18
(Continued from previous page)                                                            
Telephone Service, CG Docket Nos. 03-123, 10-51 (filed Aug. 6, 2013); Letter from George L. Lyon, Jr., Lukas, 
Nace, Gutierrez & Sachs, LLP, to Marlene H. Dortch, FCC Secretary, CG Docket Nos. 03-123, 10-51, and 
attachments (filed Aug. 12, 2012); Miracom, Amendment to Application of Miracom USA, Inc. for Certification to 
Provide IP Captioned Telephone Service, CG Docket Nos. 03-123, 10-51 (filed Sept. 12, 2013); Email from George 
Lyon, Lukas, Nace, Gutierrez & Sachs, LLP, to Robert Aldrich, CGB, and attachments (received Dec. 11, 2013) 
(Miracom December 11, 2013 Submission).
13
See Letter from Gregory Hlibok, Chief, Disability Rights Office, Federal Communications Commission to Chuck 
Owen, COO & Senior VP, InnoCaption, Inc. (Sept. 25, 2014). 
14
See Letter of Inquiry from Richard A. Hindman, Division Chief, Telecommunications Consumers Division, 
Federal Communications Commission to Chuck Owen, COO & Senior VP, InnoCaption, Inc. (filed Sept. 29, 2014, 
in EB-TCD-14-00017284) (InnoCaption LOI).
15
See Letter from George Lyon, Counsel, InnoCaption, Inc., to Sharon Lee, Deputy Division Chief, 
Telecommunications Consumers Division, Federal Communications Commission (filed Oct. 27, 2014, in EB-TCD-
14-00017284) (Oct. 27, 2014 Supplemental LOI Response).
16
See Letter from George Lyon, Counsel, InnoCaption, Inc., to Sharon Lee, Deputy Division Chief, 
Telecommunications Consumers Division, Federal Communications Commission (filed Oct. 9, 2014, in EB-TCD-
14-00017284)( Oct. 9, 2014 LOI response). See also, Oct. 27, 2014 Supplemental LOI Response.
17
On April 2, 2015, InnoCaption notified users that it would be suspending offering service effective April 7, 2015,
to address compliance issues associated with the Company’s ability to handle 911 Calls.  See InnoCaption Home 
Page, http://www.innocaption.com (last visited September 15, 2015). CGB subsequently suspended InnoCaption’s 
certification on April 7, 2015.  See Misuse of Internet Protocol (IP) Captioned Telephone Service, Structure and 
Practices of the Video Relay Service Program, Telecommunications Relay Services and Speech-to-Speech Services 
for Individuals with Hearing and Speech Disabilities, Miracom USA, Inc. (now InnoCaption, Inc.), Certification to 
Provide Internet Protocol Captioned Telephone Service (IP CTS) Review of InnoCaption, Inc., Request for Review 
of Withholding of TRS Fund Compensation Payments, CG Doc Nos. 13-24, 10-51, 03-123, Order, 30 FCC Rcd 2934
(2015).
18
InnoCaption received $14,939.94 in compensation from the TRS Fund for minutes handled in June 2014 and July 
2014.  Pursuant to the terms of its conditional certification InnoCaption’s CEO, Chuck Owen, advised CGB in its 
(continued….)
Federal Communications Commission DA 15-1045
5
III. TERMS OF AGREEMENT
9. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
10. Jurisdiction.  InnoCaption agrees that the Bureau has jurisdiction over it and the matters 
contained in this Consent Decree and has the authority to enter into and adopt this Consent Decree.
11. Effective Date.  The Parties agree that this Consent Decree shall become effective on the 
Effective Date as defined herein.  As of the Effective Date, the Parties agree that this Consent Decree 
shall have the same force and effect as any other order of the Commission.  
12. Termination of Investigation.  In express reliance on the covenants and representations in 
this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to terminate 
the Investigation.  In consideration for the termination of the Investigation, InnoCaption agrees to the 
terms, conditions, and procedures contained herein.  The Bureau further agrees that, in the absence of new 
material evidence, it will not use the facts developed in the Investigation through the Effective Date, or 
the existence of this Consent Decree, to institute, on its own motion, any new proceeding, formal or 
informal, or take any action against InnoCaption and its regulated affiliates concerning the matters that 
were the subject of the Investigation.  The Bureau also agrees that, in the absence of new material 
evidence, it will not use the facts developed in the Investigation through the Effective Date, or the 
existence of this Consent Decree, to institute on its own motion any proceeding, formal or informal, or 
take any action on its own motion against InnoCaption.  The facts developed in the Investigation may be 
used in determining InnoCaption’s qualification to hold a TRS certification.
13. Admissions.  InnoCaption admits for the purpose of this Consent Decree and for 
Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 12 herein, 
that its actions as described in paragraphs 7 and 8 herein violated Sections 64.604(a)(3)(ii), 
64.604(c)(iii)(D)(1), and 64.605(a)(2) of the Rules and its conditional certification.  InnoCaption admits 
that because it violated the above referenced rules, the minutes submitted to the TRS Fund administrator
are non-compensable and are not eligible for reimbursement from the TRS Fund.  
14. Representations; Warranties.  InnoCaption represents and warrants that as of May 22, 
2015, the Company reimbursed the TRS Fund $14,939.94 for monies InnoCaption received that it was 
not entitled to for minutes generated in June 2014 and July 2014.
15. Compliance Officer.  Within thirty (30) calendar days after the Effective Date, Company 
shall designate a senior company manager with the requisite managerial and organizational authority to 
serve as a Compliance Officer and to discharge the duties set forth below.  The person designated as the 
Compliance Officer shall be responsible for developing, implementing, and administering the Compliance 
Plan and ensuring that the Company complies with the terms and conditions of the Compliance Plan and 
the terms and conditions of this Consent Decree.  In addition to the general knowledge of the 
Communications Laws necessary to discharge his or her duties under this Consent Decree, the 
Compliance Officer shall have specific knowledge of the TRS Rules.
16. Compliance Plan.  For purposes of settling the matters set forth herein, InnoCaption agrees 
that it shall, within the dates set out below, develop and implement a Compliance Plan designed to ensure 
future compliance with the Communications Laws and the terms and conditions of this Consent Decree. 
(a) Operating Procedures.  InnoCaption will implement, at a minimum, the following 
procedures:
(Continued from previous page)                                                            
Quarterly Report ending December 31, 2014 that the Company reimbursed the TRS Fund for these monies.  
However, payment was not actually submitted to the TRS Fund until May 22, 2015.  SeeMay 22, 2015 e-mail from 
Cristina Duarte, Regulatory Affairs Manager, InnoCaption to Sharon D. Lee, Deputy Chief, Telecommunications 
Consumers Division, FCC Enforcement Bureau providing notice of InnoCaption’s payment to the TRS Fund 
administrator.
Federal Communications Commission DA 15-1045
6
i. Within thirty (30) calendar days after the Effective Date, InnoCaption shall 
establish and maintain Operating Procedures that all Covered Personnel shall 
follow to help ensure InnoCaption’s compliance with the TRS Rules and terms of 
this Consent Decree.  InnoCaption’s Operating Procedures shall, at a minimum, 
include procedures and policies specifically designed to ensure that InnoCaption’s 
operations and provision of TRS, including any aspect of TRS provided by 
independent contractors, subcontractors, or agents, comply with all TRS Rules 
applicable to InnoCaption as a certified TRS provider.  
ii. Within thirty (30) calendar days after the Effective Date, InnoCaption shall 
establish, use, and maintain Operating Procedures that enable the Compliance 
Officer to maintain records of any issues the Company experiences in complying 
with the Emergency Call Handling Requirements and TRS Rules.  The 
Compliance Procedures will also enable the Company to retain records necessary 
for preparing the reports described in paragraphs 17 and 18 of this Consent 
Decree.
iii. Within thirty (30) calendar days after the Effective Date, InnoCaption shall 
establish, use, and maintain Operating Procedures to validate the accuracy of call 
detail records to ensure that only compensable minutes are marked for 
reimbursement from the TRS Fund.
iv. Within thirty (30) calendar days after the Effective Date, InnoCaption shall 
establish, use, and maintain Operating Procedures to routinely assess the 
Company’s compliance with the Emergency Call Handling Requirements.  The 
applicable Operating Procedures may be utilized by InnoCaption or a party acting 
on InnoCaption’s behalf.
v. Within forty-five (45) calendar days after the Effective Date, InnoCaption shall 
establish, use, and maintain Operating Procedures to ensure timely notification to 
the Commission and users of any systemic failure of more than one (1) day in 
duration that prevents users from making and receiving any type of IP CTS call. 
The procedures established by InnoCaption will require the Company to notify the 
Commission in writing within two (2) calendar days of any applicable systemic 
failure and include a description of the cause of the failure, the steps InnoCaption 
has taken to correct the failure, and confirmation as to whether the failure is 
ongoing.
vi. Within ninety (90) calendar days after the Effective Date, InnoCaption shall 
establish, use, and maintain Operating Procedures for reviewing and modifying all 
printed literature provided to the public regarding the Company’s IP CTS, 
including marketing materials and materials provided to new users, to ensure that 
printed materials include an 911 Calling advisory.
vii. Within one hundred twenty (120) calendar days after the Effective Date, 
InnoCaption shall establish, use, and maintain Operating Procedures that address 
the handling of calls identified as involving the misuse of IP CTS.
(b) Compliance Manual.  Within ninety (90) calendar days after the Effective Date, the 
Compliance Officer shall develop and distribute a Compliance Manual to all Covered 
Personnel.  The Compliance Manual shall set forth the TRS Rules and explain the 
Operating Procedures that Covered Personnel shall follow to help ensure that 
InnoCaption complies with such rules and the terms and conditions of this Consent 
Decree.  InnoCaption shall periodically review and revise the Compliance Manual as 
necessary to ensure that the information set forth therein remains current and accurate.  
InnoCaption shall distribute any revisions to the Compliance Manual promptly to all 
Covered Personnel.
Federal Communications Commission DA 15-1045
7
(c) Compliance Training Program.  InnoCaption shall establish and implement a 
Compliance Training Program on compliance with the TRS Rules and the Operating 
Procedures.  As part of the Compliance Training Program, Covered Personnel shall be 
advised of InnoCaption’s obligation to report any noncompliance with the TRS Rules 
under paragraph 17 of this Consent Decree and shall be instructed on how to disclose 
noncompliance to the Compliance Officer.  All Covered Personnel shall be trained 
pursuant to the Compliance Training Program within ninety (90) calendar days after 
InnoCaption is approved to provide IP CTS, i.e., the Company’s certification 
suspension is lifted, except that any person who becomes a Covered Personnel at any 
time after the initial Compliance Training Program shall be trained within sixty (60) 
calendar days after the date such person becomes a Covered Personnel.  InnoCaption 
shall repeat compliance training on an annual basis, and shall periodically review and 
revise the Compliance Training Program as necessary to ensure that it remains current 
and complete and to enhance its effectiveness.
(d) Additional Compliance Measures.  InnoCaption shall implement the following 
additional compliance measures: 
i. Within forty-five (45) calendar days after the Effective Date, InnoCaption shall 
establish and implement procedures to test the Company’s compliance with the 
Emergency Call Handling Requirements on a quarterly basis. 
ii. Within ninety (90) calendar days after the Effective Date, InnoCaption shall post 
an “Emergency Calling” link that is prominently displayed on the front page of the 
Company’s website and use the web page(s) associated with the link to inform and 
educate consumers on making 911 Calls.  By clicking on the link, TRS users will 
be provided access to information on how to make 911 Calls through IP CTS 
using any product offered by the Company.  The “Emergency Calling” page 
should include all requirements for using InnoCaption’s IP CTS to make an 911 
Call, any steps users will need to take to ensure that 911 Calls can be made, 
notices of any downloads/upgrades users must have to access InnoCaption’s 
service and a clear list of specific devices that are not compatible with 
InnoCaption’s service for purposes of making 911 Calls.
iii. Within one hundred twenty (120) calendar days after InnoCaption is approved 
to provide IP CTS, i.e., the Company’s certification suspension is lifted, 
InnoCaption shall develop and implement training for Covered Personnel on the 
misuse of IP CTS.  The training shall include the procedures for handling calls 
that the CA identifies as involving the misuse of IP CTS.  After the initial training
is conducted, InnoCaption shall include this training in the Compliance Training 
Program described in paragraph 16(c).  
iv. InnoCaption shall test the Company’s compliance with the Emergency Call 
Handling Requirements on a quarterly basis and maintain all documents 
associated with the testing.  Tests must include an assessment of the Company’s 
compliance with every aspect of the Emergency Call Handling Requirements, e.g., 
through delivery of a call to the PSAP, delivery of information to the PSAP, and 
reconnection of call legs.  A detailed description of the parameters of the testing, 
e.g., the testing plan and test results must be included in the Compliance Reports 
described in paragraph 18.  InnoCaption shall test the Company’s compliance with 
the Emergency Call Handling Requirements no later than October 1, 2015.
v. Within thirty (30) calendar days after the Effective Date, InnoCaption shall 
maintain a record of information associated with all locations where 
InnoCaption’s calls were accepted and handled.  The records should denote the 
full address of the location, the contact information for the location’s manager(s)
Federal Communications Commission DA 15-1045
8
or the CA located at an address, the types of calls handled at the location, e.g., 
non-emergency, emergency; critical dates associated with the location, e.g., 
opening date/first date calls were handled at a location, closing date/last date calls 
were handled at a location, and the relocation date (where applicable); and the 
name of any subcontractor(s) that managed the location(s) (where applicable).    
vi. Within one hundred and twenty (120) calendar days after the Effective Date, 
InnoCaption shall develop and implement processes to (1) Identify risks that could 
result in 911 Call failures, (2) Protect against such risks, (3) Detect future 911 Call
failures, (4) Respond to such failures with remedial actions, including notification 
to consumers, and (5) Recover from such failures on a timely basis.
vii. Within one hundred eighty (180) calendar days after the Effective Date, 
InnoCaption shall use best efforts to ensure that written agreements between 
InnoCaption and entities the Company contracts with in the provision of IP CTS 
to:
1. designate a contact person from the entity available twenty-four (24) 
hours per day, seven (7) days per week for communications;  
2. stipulate the terms, including timeframes and methodology, that will 
govern the entity’s communications with InnoCaption about (a) 
events that result in service delays, degradations, interruptions, 
and/or outages; (b) testing/test results; and (c) internal reviews 
and/investigations; and,
3. enable InnoCaption or its vendor(s) to provide the Bureau with all 
information and/or documents requested as part of a government 
investigation.  
If InnoCaption is unable to execute or revise agreements with entities the 
Company contracts with in its provision of IP CTS as specified above within one 
hundred and eighty (180) days, the Company shall provide the Commission with a 
written explanation of why such agreement modifications could not be achieved.  
viii. As of the Effective Date, InnoCaption shall provide written notification to the 
Commission of substantive changes in the Company’s IP CTS offerings at least 
sixty (60) calendar days after such changes occur, and must certify that the 
Company continues to meet the TRS Rules after implementing the substantive 
change.  Substantive changes shall include, but not be limited to, changes in 
service features, the method consumers use to access InnoCaption’s service, and 
the method InnoCaption uses to deliver captions to users.  Notifications of 
substantive change shall be submitted electronically to Sharon Lee at 
Sharon.Lee@fcc.gov and fccebaccess@fcc.gov.  A copy of each notification shall 
also be submitted electronically to Gregory Hlibok, Chief, Disability Rights 
Office, Consumer and Governmental Affairs Bureau at Gregory.Hlibok@fcc.gov.
ix. As of the Effective Date, InnoCaption shall obtain prior Commission authorization 
for a voluntary service interruption of more than 30 minutes in duration.  
InnoCaption shall contact Gregory Hlibok, Chief, Disability Rights Office, 
Consumer and Governmental Affairs Bureau at Gregory.Hlibok@fcc.gov for 
Commission authorization.
x. InnoCaption shall provide the Commission with written notification within two (2) 
calendar days after the commencement of an unforeseen service interruption.
Notifications of an unforeseen service interruption shall be submitted 
electronically to Sharon Lee at Sharon.Lee@fcc.gov and fccebaccess@fcc.gov.  A 
copy of each notification shall also be submitted electronically to Gregory Hlibok, 
Federal Communications Commission DA 15-1045
9
Chief, Disability Rights Office, Consumer and Governmental Affairs Bureau at 
Gregory.Hlibok@fcc.gov.
17. Reporting Noncompliance.  InnoCaption shall report any noncompliance with the TRS 
Rules and with the terms and conditions of this Consent Decree within fifteen (15) calendar days after 
discovery of such noncompliance.  Such reports shall include a detailed explanation of: (i) each instance 
of noncompliance, and the minutes and telephone numbers (where applicable) involved in each instance 
of noncompliance; (ii) the steps that InnoCaption has taken or will take, including any monies paid back 
to the TRS Fund, to remedy such noncompliance; (iii) the schedule on which such remedial actions will 
be taken; and (iv) the steps that InnoCaption has taken or will take to prevent the recurrence of any such 
noncompliance.  All reports of noncompliance shall be submitted to the Chief, Telecommunications 
Consumers Division, Enforcement Bureau, Federal Communications Commission, Room 3-C366, 445 
12th Street, S.W. Washington, D.C. 20554, with a copy submitted electronically to Sharon Lee at 
Sharon.Lee@fcc.gov and to fccebaccess@fcc.gov.
18. Compliance Reports.  InnoCaption shall file compliance reports with the Commission 
one hundred twenty (120) calendar days after the Effective Date, twelve (12) months after the Effective 
Date, twenty-four (24) months after the Effective Date, thirty-six (36) months after the Effective Date, 
forty-eight (48) months and sixty (60) months after the Effective Date.  
a. Each Compliance Report shall include a detailed description of InnoCaption’s efforts 
during the relevant period to comply with the terms and conditions of this Consent 
Decree and the TRS Rules, including accepting and handling 911 Calls.  At a 
minimum, each Compliance Report shall include the following:
i. A summary of all 911 test calls made since the last Compliance Report was 
filed and the results of each test call regardless of whether the test calls were 
made by InnoCaption or by an entity performing on behalf of InnoCaption or 
pursuant to an agreement with InnoCaption and the specific provision of the 
Commission’s TRS rules being tested on each call, (e.g. 911 Call prioritization, 
ability to reconnect after a disconnection, ability to deliver to the PSAP the 
required information about the caller and InnoCaption, etc.). 
ii. Specific failure detection mechanisms implemented under this Compliance 
Plan, including an explanation of any measures implemented or proposed to 
better detect systemic 911 Call failures or non-compliance with the Emergency 
Call Handling Requirements.
iii. Summary information regarding any information-sharing agreements with 
subcontractors reviewed or revised as set forth above.
iv. A description of all incidents of non-compliance identified since the last 
Compliance Report was filed and the date such incidents were reported to the 
Commission pursuant to paragraph 17 herein.
v. A description of each service offering or product that could generate minutes 
that would be submitted to the TRS Fund administrator for reimbursement that 
was offered to the users during the period since the last Compliance Report was 
filed.  The description should include the date that offering or product was first 
advertised to users or potential users and details of how the offering or product 
worked.
vi. A copy of all webpages that reflect a new service offering or product that could 
generate minutes that would be submitted to the TRS Fund administrator for 
reimbursement.  The webpage should reflect the copy displayed on the first day 
that the offering or product was added to InnoCaption’s website or that was 
distributed for publication on another entity’s website.
Federal Communications Commission DA 15-1045
10
b. In addition, each Compliance Report shall include a certification by the Compliance 
Officer, as an agent of and on behalf of InnoCaption, stating that the Compliance 
Officer has personal knowledge that InnoCaption:  (i) has established and 
implemented the Compliance Plan; (ii) has utilized the Operating Procedures since the 
implementation of the Compliance Plan; and (iii) is not aware of any instances of 
material noncompliance with the terms and conditions of this Consent Decree, 
including the reporting obligations set forth in paragraph 17 of this Consent Decree
that have not been reported to the Commission.
c. The Compliance Officer’s certification shall be accompanied by a statement 
explaining the basis for such certification and shall comply with Section 1.16 of the 
Rules and be subscribed to as true under penalty of perjury in substantially the form 
set forth therein.
19
  
d. If the Compliance Officer cannot provide the requisite certification, the Compliance 
Officer, as an agent of and on behalf of InnoCaption, shall provide the Commission 
with a detailed explanation of the reason(s) why and describe fully:  (i) each instance 
of noncompliance; (ii) the steps that InnoCaption has taken or will take to remedy 
such noncompliance, including the schedule on which proposed remedial actions will 
be taken; and (iii) the steps that InnoCaption has taken or will take to prevent the 
recurrence of any such noncompliance, including the schedule on which such 
preventive action will be taken.
e. All Compliance Reports shall be submitted to Chief, Telecommunications Consumer 
Division, Enforcement Bureau, Federal Communications Commission, 445 12th 
Street, S.W., Washington, DC 20554, with a copy submitted electronically to Sharon 
Lee at Sharon.Lee@fcc.gov and fccebaccess@fcc.gov.  A copy of each Compliance 
Report shall also be submitted electronically to Gregory Hlibok, Chief, Disability 
Rights Office, Consumer and Governmental Affairs Bureau at 
Gregory.Hlibok@fcc.gov.
19. Termination Date. Unless stated otherwise, the requirements set forth in paragraphs 15
through 18 of this Consent Decree shall expire sixty month (60) months after the Effective Date.
20. Section 225 Complaints; Subsequent Investigations.  Nothing in this Consent Decree 
shall prevent the Commission or its delegated authority from adjudicating complaints filed pursuant to 
Section 225 of the Act
20
against InnoCaption or its affiliates for alleged violations of the Act, or for any 
other type of alleged misconduct, regardless of when such misconduct took place.  The Commission’s 
adjudication of any such complaint will be based solely on the record developed in that proceeding.  
Except as expressly provided in this Consent Decree, this Consent Decree shall not prevent the 
Commission from investigating new evidence of noncompliance by InnoCaption with the 
Communications Laws.
21. Civil Penalty.  For purposes of settling the matters set forth herein, InnoCaption shall pay a 
civil penalty of twenty-five thousand dollars ($25,000) to the United States Treasury within thirty (30) 
calendar days after the Effective Date.  InnoCaption acknowledges and agrees that upon execution of this 
Consent Decree, the civil penalty shall become a “Claim” or “Debt” as defined in 31 U.S.C. § 3701(b)(1)
(hereinafter referred to (together with all accrued interest, penalties, and costs as set forth in paragraph 23
below) as the Debt).
21
  Upon an Event of Default (as defined in paragraph 22), all procedures for 
collection as permitted by law may, at the Commission’s discretion, be initiated. InnoCaption further 
                                                     
19
47 C.F.R. § 1.16.
20
47 U.S.C. § 225(e)(2).
21
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996).
Federal Communications Commission DA 15-1045
11
agrees that:
a. the Bureau will assess the Company’s compliance with this Consent Decree within 
one year of the Effective Date and may impose an additional fifty thousand dollars 
($50,000) civil penalty, or a lesser civil penalty at the Bureau’s discretion, for failure 
to comply with this Consent Decree. Such civil penalty shall be in addition to, and 
not in lieu of, any forfeiture penalty the Commission may impose for any other 
violation(s) of the Commission’s TRS rules or orders; and
b. the Bureau will impose a civil penalty under Subparagraph 22(a) above through the 
following process:  (i) The Bureau will notify InnoCaption, in writing, of any 
noncompliance with the Consent Decree and the notification shall describe the basis 
for the finding of noncompliance, and propose a civil penalty;  (ii) InnoCaption will 
have thirty (30) days from the date of any such notification to provide a response;  
(iii) the Bureau will evaluate any such response, and either impose a $50,000 civil 
penalty, or if appropriate, a lesser civil penalty, through a Demand for Payment; and,  
(iv) InnoCaption shall pay any additional civil penalty assessed against the Company 
within thirty (30) calendar days of the date of a Demand for Payment unless 
otherwise agreed to by the Bureau.
For any violation of this Consent Decree or the Commission’s TRS rules or orders that occur after one 
year from the Effective Date, InnoCaption will be subject to forfeiture penalties consistent with Section 
503 of the Act and the Commission’s rules. 
InnoCaption shall send electronic notification of payment to fccebaccess@fcc.gov on the date said 
payment is made.  The payment must be made by check or similar instrument, wire transfer, or credit 
card, and must include the Account Number and FRN referenced above.  Regardless of the form of 
payment, a completed FCC Form 159 (Remittance Advice) must be submitted.
22
  When completing the 
FCC Form 159, enter the Account Number in block number 23A (call sign/other ID) and enter the letters 
“FORF” in block number 24A (payment type code).  Below are additional instructions that should be 
followed based on the form of payment selected:  
? Payment by check or money order must be made payable to the order of the Federal 
Communications Commission. Such payments (along with the completed Form 159) must be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, 
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001.  To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information on 
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.  
The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
Questions regarding payment procedures should be addressed to the Financial Operations Group Help 
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
                                                     
22
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 15-1045
12
22. Event of Default.  InnoCaption agrees that an Event of Default shall occur upon the failure 
by InnoCaption to pay the full amount of the civil penalty on or before the due date specified in this 
Consent Decree.
23. Interest, Penalties, Charges, Acceleration of Maturity Date and Collection.  
InnoCaption agrees that, upon the occurrence of an Event of Default under this Consent Decree, the then 
unpaid amount of the Debt shall become immediately due and payable in full and that, until payment in 
full, the Debt shall, (i) commencing on the date of the Event of Default, accrue interest, computed using 
the U.S. Prime Rate in effect on the date of the Event of Default plus 4.75 percent per annum; and (ii) 
commencing on the 91
st
day following an Event of Default, accrue a penalty of an additional 6 percent per 
annum.  InnoCaption shall also be liable for payment of all administrative costs incurred in connection 
with the processing, handling and collection of the Debt.  If an Event of Default occurs, InnoCaption
acknowledges and agrees that any collection procedure permitted by law may, at the Commission’s 
discretion, be initiated.  These remedies include but are not limited to, the Commission’s offset of the 
Debt against any TRS Fund reimbursements owed to InnoCaption until the Debt is paid in full.  If an 
Event of Default occurs, InnoCaption agrees that the Commission, through the Bureau, may direct the 
TRS Fund administrator to effectuate the offset against all TRS Fund reimbursements owed to 
InnoCaption and to send all such TRS funds to the U.S. Treasury.  InnoCaption waives all rights to 
notice, presentment, demand, protest, or notice of protest of any kind with respect to the occurrence of an 
Event of Default, acceleration of the Debt, accrual of interest, penalties and costs on the Debt, the 
Commission’s exercise of any lawful collection procedure, including the Commission’s right to offset, 
and all other rights that InnoCaption may have under the DCIA and its implementing regulations, 
including the Commission’s debt collection regulations at 47 C.F.R. §§1.1901, et seq.
24. Waivers.  As of the Effective Date, InnoCaption waives any and all rights it may have to 
seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest 
the validity of this Consent Decree and the Adopting Order.  InnoCaption shall retain the right to 
challenge the Commission interpretation of the Consent Decree or any terms contained herein.  If either 
Party (or the United States on behalf of the Commission) brings a judicial action to enforce the terms of 
the Consent Decree or the Adopting Order, neither InnoCaption nor the Commission shall contest the 
validity of the Consent Decree or the Adopting Order, and InnoCaption shall waive any statutory right to 
a trial de novo.  InnoCaption hereby agrees to waive any claims it may otherwise have under the Equal 
Access to Justice Act
23
relating to the matters addressed in this Consent Decree.
25. Severability.  The Parties agree that if any of the provisions of the Consent Decree shall be 
held unenforceable by any court of competent jurisdiction, such unenforceability shall not render 
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not 
containing the particular unenforceable provision or provisions, and the rights and obligations of the 
Parties shall be construed and enforced accordingly.
26. Invalidity.  In the event that this Consent Decree in its entirety is rendered invalid by any 
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.
27. Subsequent Rule or Order.  The Parties agree that if any provision of the Consent Decree 
conflicts with any subsequent Rule or Order adopted by the Commission (except an Order specifically 
intended to revise the terms of this Consent Decree to which InnoCaption does not expressly consent) that 
provision will be superseded by such Rule or Order.
28. Successors and Assigns.  InnoCaption agrees that the provisions of this Consent Decree 
shall be binding on its successors, assigns, and transferees.
29. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation. 
                                                     
23
See 5 U.S.C. § 504; 47 C.F.R. §§ 1.1501–1.1530.
Federal Communications Commission DA 15-1045
13
30. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
31. Paragraph Headings.  The headings of the paragraphs in this Consent Decree are inserted 
for convenience only and are not intended to affect the meaning or interpretation of this Consent Decree.
32. Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree on 
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent 
Decree and to bind the Party to its terms and conditions.
Federal Communications Commission DA 15-1045
14
33. Counterparts.  This Consent Decree may be signed in counterpart (including 
electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an original, and 
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Travis LeBlanc
Chief
Enforcement Bureau
________________________________
Date
________________________________
Cristina Duarte
Senior Regulatory Affairs Manager
InnoCaption, Inc. 
________________________________
Date