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 Federal  Communications  Commission  FCC  03-  46 
 SEPARATE  STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 


 Re:  Provision  of  Improved  Telecommunications  Relay  Services  and  Speech-  to-  Speech  Services  for  Individuals  with  Hearing  and  Speech  Disabilities,  CC  Docket  98-  67,  Order 
 on  Reconsideration. 
 I  strongly  support  granting  IP  Relay  providers  the  flexibility  to  provide  this  exciting  new  service  without  being  forced  to  comply  with  certain  regulatory  mandates 
 that  were  adopted  with  older  technology  in  mind.  I  only  regret  that  the  Commission  needlessly  withheld  this  relief  a  year  ago  and  forced  providers  to  seek  reconsideration. 
 Last  year,  when  the  Commission  found  that  IP  Relay  falls  within  the  statutory  definition  of  telecommunications  relay  services  (TRS),  we  granted  providers  a  one-  year  waiver 
 from  certain  requirements  (including  standards  regarding  hearing  carry  over  and  900  number  service)  that  presented  technical  feasibility  problems.  I  argued  then  that  the 
 Commission  was  being  shortsighted  in  its  grant  of  such  limited  relief.  1  I  stated  that  the  Commission  should  be  more  willing  to  refrain  from  extending  legacy  regulatory 
 requirements  to  nascent  technologies  like  IP  Relay.  By  delaying  the  relief  granted  in  today’s  Order,  the  Commission  unfortunately  denied  cost-  recovery  to  providers  that 
 rolled  out  this  service  in  the  face  of  regulatory  uncertainty  and  may  have  deterred  additional  carriers  from  offering  IP  Relay  service.  I  hope  that,  in  future  proceedings,  the 
 Commission  will  be  quicker  to  recognize  that  the  reflexive  extension  of  legacy  regulations  to  nascent  technologies  often  harms  the  public  interest. 


 1  See  Separate  Statement  of  Commissioner  Kathleen  Q.  Abernathy,  Provision  of  Improved 
 Telecommunications  Relay  Services  and  Speech-  to-  Speech  Services  for  Individuals  with  Hearing  and  Speech  Disabilities,  Declaratory  Ruling  and  Second  Further  Notice  of  Proposed  Rulemaking,  CC  Docket 


 No.  98-  67,  17  FCC  Rcd  7779  (2002). 
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