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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 For  Immediate  Release:  News  Media  Contact:  January  26,  2005  Rosemary  Kimball  at  (202)  418-  0511 
 e-  mail:  rosemary.  kimball@  fcc.  gov 
 TRS  PROVIDERS  MAY  NOT  USE  INCENTIVE  PROGRAMS  TO  REWARD  CONSUMERS  FOR  PLACING  TRS  CALLS;  OTHER  IMPERMISSIBLE  TRS 
 MARKETING  AND  CALL  HANDLING  PRACTICES  OUTLINED 
 Providers  Offering  Such  Incentives  Will  Be  Ineligible  For  Compensation  from  TRS  Fund 
 Washington,  DC  --  The  FCC’s  Consumer  &  Governmental  Affairs  Bureau  has  found  that  programs  to  encourage  or  reward  a  consumer  for  placing  a  TRS  call  are  inconsistent 


 with  the  Communications  Act  and  the  Telecommunications  Relay  Services  (TRS)  rules. 
 TRS,  mandated  by  Title  IV  of  the  Americans  with  Disabilities  Act  of  1990,  enables  a  person  with  a  hearing  or  speech  disability  to  communicate  by  telephone  with  a  person 


 without  such  a  disability.  This  is  accomplished  through  TRS  facilities  that  are  staffed  by  specially  trained  communications  assistants  (CAs)  who  relay  conversations  between  persons 
 using  various  types  of  assistive  communication  devices  and  persons  using  a  standard  telephone.  Video  Relay  Service  (VRS)  is  a  form  of  TRS  that  allows  persons  with  hearing  and  speech 
 disabilities  to  communicate  with  the  CA  via  sign  language,  rather  than  typed  text. 
 The  Bureau  issued  a  declaratory  ruling  in  response  to  a  request  by  Hands  On  Video  Relay  Services,  Inc.,  which  asked  that  the  FCC  find  that  its  “Brown  Bag  Rewards 


 Program,”  offered  in  connection  with  its  provision  of  VRS,  was  in  compliance  with  the  rules.  Hands  On’s  program  permits  consumers  of  its  VRS  service  to  earn  points  that  can  be  redeemed 
 by  having  Hands  On  pay  their  DSL  or  cable  modem  bill. 
 The  Bureau  found  that  any  program  that  involves  the  use  of  any  type  of  financial  incentives  to  encourage  or  reward  a  consumer  for  placing  a  TRS  call,  including  the  Brown  Bag 


 Rewards  Program,  is  inconsistent  with  the  rules. 
 As  a  result,  the  Bureau  found  that,  effective  March  1,  2005,  any  TRS  provider  offering  such  incentives  or  rewards  for  the  use  of  any  of  the  forms  of  TRS  will  be  ineligible  for 


 compensation  from  the  Interstate  TRS  Fund. 
 The  Bureau  noted  that  provision  of  TRS  is  an  accommodation  for  persons  with  certain  disabilities  and  that  reaching  the  CA  to  place  a  call  is  the  equivalent  of  receiving  a  “dial 


 tone.”  The  cost  of  TRS  is  not  paid  by  the  TRS  user,  but  by  either  a  state  or  the  Interstate  TRS  Fund.  In  addition,  VRS  consumers  presently  do  not  pay  any  long  distance  charges  in  connection 
 with  a  VRS  call.  Therefore,  there  is  no  cost  of  any  kind  to  the  consumer  for  placing  a  VRS  call. 
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 As  a  practical  matter,  the  Bureau  said,  the  TRS  provider  is  enticing  the  consumer  to  make  TRS  calls  that  will  artificially  raise  costs  to  the  Interstate  TRS  Fund,  and  the  provider  is  doing  so  by  in 
 effect  “paying”  the  consumer  to  make  more  calls. 
 In  a  separate  but  related  action,  the  Bureau  also  issued  a  Public  Notice  specifying  other  marketing  and  call  handling  practices  by  TRS  providers  that  are  impermissible  under  the 


 TRS  rules. 
 Actions  by  the  Chief,  Consumer  &  Governmental  Affairs  Bureau,  January  24,  2005,  by  Declaratory  Ruling  (DA  05-  140)  and  Public  Notice  (DA  05-  141). 


 -  FCC  - 
 CC  Docket  98-  67 
 CG  Docket  03-  123 
 Consumer  &  Governmental  Affairs  Bureau  Contact:  Thomas  Chandler  (202)  418-  1475  (voice),  (202)  418-  0597  (TTY),  or  e-  mail  at  Thomas.  Chandler@  fcc.  gov. 
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