Federal Communications Commission	DA 23-384


DA 23-384
Released:  May 10, 2023

VIDEO RELAY SERVICE PROVIDERS’ COST AND DEMAND DATA 
PLACED IN THE RECORD
CG Docket Nos. 03-123 and 10-51

By this Public Notice, the Consumer and Governmental Affairs Bureau (CGB or Bureau) of the Federal Communications Commission (Commission) announces that certain cost and demand data filed in 2023 by each video relay services (VRS) provider with the Interstate Telecommunications Relay Services (TRS) Fund administrator has been placed in the record of the Commission’s rulemaking proceeding on VRS compensation (Record), subject to a “Highly Confidential” designation. Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech 
Disabilities; Structure and Practices of the Video Relay Service Program, CG Docket Nos. 03-123 and 10-51, Notice of Proposed Rulemaking and Order, 36 FCC Rcd 8802 (2021) (Notice); Video Relay Service Providers’ Cost and Demand Data to be Placed in the Record, CG Docket Nos. 03-123 and 10-51, Public Notice, DA 23-354 (CGB Apr. 26, 2023) (April 2023 Cost and Demand Data Notice).
   This material may be accessed pursuant to the Third Protective Order in these dockets. Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities; Structure and Practices of the Video Relay Service Program; Misuse of Internet Protocol (IP) Captioned Telephone Service, CG Docket Nos. 03-123, 10-51, and 13-24, Order and Third Protective Order, 33 FCC Rcd 6802 (CGB 2018) (Third Protective Order).
  
At this time, the documents we have placed in the Record are limited to certain worksheets from each VRS provider’s completed TRS Fund Annual Provider Form for 2023, i.e., the worksheets of historical and projected expenses and demand for the provision of VRS for the years 2021 through 2024.  In response to the Public Notice issued on April 26, 2023, April 2023 Cost and Demand Data Notice at 1.     
 no party opposed the inclusion in the Record of each VRS provider’s completed TRS Fund Annual Provider Form.  
The Public Notice indicated that the material placed in the record also would include the Appendix to each VRS provider’s TRS Fund Annual Provider Form. Id.  
  No party opposed the inclusion of the Appendices in the Record.  At this time, however, we do not believe it is necessary to include the entire Appendices filed by the providers.  To the extent that certain material from the Appendices is deemed relevant, it will be placed in the Record and may be accessed by eligible Reviewing Parties pursuant to the same procedure described below.
We also announce a change in the process for eligible Reviewing Parties to access these data. Access to data designated as Highly Confidential is limited to Outside Counsel of Record, Outside Consultants, their employees and employees of their Outside Firms, and Support Personnel, as these terms are defined in the Third Protective Order.  Third Protective Order, 33 FCC Rcd at 6806-07, 6809, paras. 1, 6.
   For this material and any other Highly Confidential data filed by the Bureau, the Bureau shall be the Submitting Party for purposes of the Third Protective Order.  Reviewing Parties shall request access from the Bureau via email to Michael Scott, Attorney Advisor, Disability Rights Office, Consumer and Governmental Affairs Bureau at Michael.Scott@fcc.gov.  Reviewing parties shall include with their email requests to the Bureau a copy of the executed Acknowledgment agreeing to be bound by the terms and conditions of this Protective Order. See id. at 6809, Appx. A, para. 6; id. at 6815, Appx. C.
  A Reviewing Party also shall deliver a copy of the Acknowledgment to each of the relevant Third-Party Interest Holders through its Counsel of Record so that it is received at least five business days prior to such Reviewing Party reviewing or having access to the Highly Confidential Information. See id. at 6809, Appx. A, para. 6.
  A Third-Party Interest Holder must file, and serve on counsel for the Reviewing Party, any objection to a Reviewing Party’s access within three business days after receiving a copy of the Acknowledgment. See id. at 6809, Appx. A, para. 7.
  Reviewing Parties shall not have access to Confidential Information or Highly Confidential Information before the period for filing objections has passed, unless both the Bureau and the Third-Party Interest Holders waive this requirement. See id.
  The Bureau will make the data available in an electronic format and will transmit the data electronically. See id. at 6810, Appx. A, para. 9.

Accessible Materials.  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.
For further information, contact Michael Scott, Disability Rights Office, Consumer and Governmental Affairs Bureau, at michael.scott@fcc.gov or (202) 418-1264.

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