§ 64.604   Mandatory minimum standards.

   The standards in this section are applicable December 18, 2000, except as
   stated in paragraphs (c)(2) and (c)(7) of this section.

   (a)  Operational  standards—(1) Communications assistant (CA). (i) TRS
   providers are responsible for requiring that all CAs be sufficiently trained
   to effectively meet the specialized communications needs of individuals with
   hearing and speech disabilities.

   (ii)  CAs  must  have  competent  skills in typing, grammar, spelling,
   interpretation of typewritten ASL, and familiarity with hearing and speech
   disability cultures, languages and etiquette. CAs must possess clear and
   articulate voice communications.

   (iii) CAs must provide a typing speed of a minimum of 60 words per minute.
   Technological aids may be used to reach the required typing speed. Providers
   must give oral-to-type tests of CA speed.

   (iv) TRS providers are responsible for requiring that VRS CAs are qualified
   interpreters. A “qualified interpreter” is able to interpret effectively,
   accurately, and impartially, both receptively and expressively, using any
   necessary specialized vocabulary.

   (v) CAs answering and placing a TTY-based TRS or VRS call shall stay with
   the call for a minimum of ten minutes. CAs answering and placing an STS call
   shall stay with the call for a minimum of twenty minutes. The minimum time
   period  shall  begin  to run when the CA reaches the called party. The
   obligation of the CA to stay with the call shall terminate upon the earlier
   of:

   (A) The termination of the call by one of the parties to the call; or

   (B) The completion of the minimum time period.

   (vi)  TRS providers must make best efforts to accommodate a TRS user's
   requested CA gender when a call is initiated and, if a transfer occurs, at
   the time the call is transferred to another CA.

   (vii) TRS shall transmit conversations between TTY and voice callers in real
   time.

   (viii) STS providers shall offer STS users the option to have their voices
   muted so that the other party to the call will hear only the CA and will not
   hear the STS user's voice.

   (2) Confidentiality and conversation content. (i) Except as authorized by
   section 705 of the Communications Act, 47 U.S.C. 605, CAs are prohibited
   from  disclosing the content of any relayed conversation regardless of
   content, and with a limited exception for STS CAs, from keeping records of
   the content of any conversation beyond the duration of a call, even if to do
   so  would  be inconsistent with state or local law. STS CAs may retain
   information from a particular call in order to facilitate the completion of
   consecutive calls, at the request of the user. The caller may request the
   STS CA to retain such information, or the CA may ask the caller if he wants
   the CA to repeat the same information during subsequent calls. The CA may
   retain  the  information  only for as long as it takes to complete the
   subsequent calls.

   (ii) CAs are prohibited from intentionally altering a relayed conversation
   and, to the extent that it is not inconsistent with federal, state or local
   law regarding use of telephone company facilities for illegal purposes, must
   relay all conversation verbatim unless the relay user specifically requests
   summarization, or if the user requests interpretation of an ASL call. An STS
   CA may facilitate the call of an STS user with a speech disability so long
   as the CA does not interfere with the independence of the user, the user
   maintains  control  of the conversation, and the user does not object.
   Appropriate  measures  must be taken by relay providers to ensure that
   confidentiality of VRS users is maintained.

   (3)   Types   of   calls.  (i)  Consistent  with  the  obligations  of
   telecommunications carrier operators, CAs are prohibited from refusing
   single or sequential calls or limiting the length of calls utilizing relay
   services.

   (ii) Relay services shall be capable of handling any type of call normally
   provided by telecommunications carriers unless the Commission determines
   that it is not technologically feasible to do so. Relay service providers
   have the burden of proving the infeasibility of handling any type of call.
   Providers of Internet-based TRS need not provide the same billing options
   (e.g., sent-paid long distance, operator-assisted, collect, and third party
   billing) traditionally offered for wireline voice services if they allow for
   long distance calls to be placed using calling cards or credit cards or do
   not assess charges for long distance calling. Providers of Internet-based
   TRS need not allow for long distance calls to be placed using calling cards
   or credit cards if they do not assess charges for long distance calling.

   (iii) Relay service providers are permitted to decline to complete a call
   because credit authorization is denied.

   (iv)  Relay services other than Internet-based TRS shall be capable of
   handling pay-per-call calls.

   (v) TRS providers are required to provide the following types of TRS calls:

   (A) Text-to-voice and voice-to-text;

   (B) One-line VCO, two-line VCO, VCO-to-TTY, and VCO-to-VCO; and

   (C) One-line HCO, two-line HCO, HCO-to-TTY, HCO-to-HCO. VRS providers are
   not required to provide text-to-voice and voice-to-text functionality. IP
   Relay providers are not required to provide one-line VCO and one-line HCO.
   IP Relay providers and VRS providers are not required to provide:

   (1) VCO-to-TTY and VCO-to-VCO; and

   (2) HCO-to-TTY and HCO-to-HCO. Captioned telephone service providers and IP
   CTS providers are not required to provide:

   (i) Text-to-voice functionality; and

   (ii)  One-line  HCO,  two-line HCO, HCO-to-TTY, and HCO-to-HCO. IP CTS
   providers are not required to provide one-line VCO.

   (vi) TRS providers are required to provide the following features:

   (A)  Call release functionality (only with respect to the provision of
   TTY-based relay service);

   (B) Speed dialing functionality; and

   (C) Three-way calling functionality.

   (vii) Voice mail and interactive menus. CAs must alert the TRS user to the
   presence of a recorded message and interactive menu through a hot key on the
   CA's terminal. The hot key will send text from the CA to the consumer's TTY
   indicating that a recording or interactive menu has been encountered. Relay
   providers shall electronically capture recorded messages and retain them for
   the length of the call. Relay providers may not impose any charges for
   additional calls, which must be made by the relay user in order to complete
   calls involving recorded or interactive messages.

   (viii) TRS providers shall provide, as TRS features, answering machine and
   voice mail retrieval.

   (4)  Emergency call handling requirements for TTY-based TRS providers.
   TTY-based TRS providers must use a system for incoming emergency calls that,
   at a minimum, automatically and immediately transfers the caller to an
   appropriate Public Safety Answering Point (PSAP). An appropriate PSAP is
   either  a PSAP that the caller would have reached if he had dialed 911
   directly, or a PSAP that is capable of enabling the dispatch of emergency
   services to the caller in an expeditious manner.

   (5) STS called numbers. Relay providers must offer STS users the option to
   maintain at the relay center a list of names and telephone numbers which the
   STS user calls. When the STS user requests one of these names, the CA must
   repeat  the  name and state the telephone number to the STS user. This
   information must be transferred to any new STS provider.

   (6) Visual privacy screens/idle calls. A VRS CA may not enable a visual
   privacy  screen  or  similar  feature during a VRS call. A VRS CA must
   disconnect  a VRS call if the caller or the called party to a VRS call
   enables a privacy screen or similar feature for more than five minutes or is
   otherwise unresponsive or unengaged for more than five minutes, unless the
   call is a 9-1-1 emergency call or the caller or called party is legitimately
   placed on hold and is present and waiting for active communications to
   commence. Prior to disconnecting the call, the CA must announce to both
   parties the intent to terminate the call and may reverse the decision to
   disconnect if one of the parties indicates continued engagement with the
   call.

   (7) International calls. VRS calls that originate from an international IP
   address will not be compensated, with the exception of calls made by a U.S.
   resident who has pre-registered with his or her default provider prior to
   leaving the country, during specified periods of time while on travel and
   from specified regions of travel, for which there is an accurate means of
   verifying the identity and location of such callers. For purposes of this
   section, an international IP address is defined as one that indicates that
   the individual initiating the call is located outside the United States.

   (b) Technical standards—(1) ASCII and Baudot. TTY-based relay service shall
   be capable of communicating with ASCII and Baudot format, at any speed
   generally in use. Other forms of TRS are not subject to this requirement.

   (2) Speed of answer. (i) TRS providers shall ensure adequate TRS facility
   staffing to provide callers with efficient access under projected calling
   volumes, so that the probability of a busy response due to CA unavailability
   shall be functionally equivalent to what a voice caller would experience in
   attempting to reach a party through the voice telephone network.

   (ii) TRS facilities shall, except during network failure, answer 85% of all
   calls within 10 seconds by any method which results in the caller's call
   immediately being placed, not put in a queue or on hold. The ten seconds
   begins at the time the call is delivered to the TRS facility's network. A
   TRS facility shall ensure that adequate network facilities shall be used in
   conjunction with TRS so that under projected calling volume the probability
   of  a busy response due to loop trunk congestion shall be functionally
   equivalent to what a voice caller would experience in attempting to reach a
   party through the voice telephone network.

   (A) The call is considered delivered when the TRS facility's equipment
   accepts  the call from the local exchange carrier (LEC) and the public
   switched network actually delivers the call to the TRS facility.

   (B) Abandoned calls shall be included in the speed-of-answer calculation.

   (C) A TRS provider's compliance with this rule shall be measured on a daily
   basis.

   (D) The system shall be designed to a P.01 standard.

   (E)  A LEC shall provide the call attempt rates and the rates of calls
   blocked between the LEC and the TRS facility to relay administrators and TRS
   providers upon request.

   (iii) Speed of answer requirements for VRS providers. (A) Speed of answer
   requirements for VRS providers are phased-in as follows:

   (1) By January 1, 2007, VRS providers must answer 80% of all VRS calls
   within 120 seconds, measured on a monthly basis;

   (2) By January 1, 2014, VRS providers must answer 85% of all VRS calls
   within 60 seconds, measured on a daily basis; and

   (3) By July 1, 2014, VRS providers must answer 85% of all VRS calls within
   30 seconds, measured on a daily basis. Abandoned calls shall be included in
   the VRS speed of answer calculation.

   (B) VRS CA service providers must meet the speed of answer requirements for
   VRS  providers as measured from the time a VRS call reaches facilities
   operated by the VRS CA service provider.

   (3) Equal access to interexchange carriers. TRS users shall have access to
   their  chosen  interexchange carrier through the TRS, and to all other
   operator services to the same extent that such access is provided to voice
   users. This requirement is inapplicable to providers of Internet-based TRS
   if they do not assess specific charges for long distance calling.

   (4) TRS facilities. (i) TRS shall operate every day, 24 hours a day. Relay
   services that are not mandated by this Commission need not be provided every
   day, 24 hours a day, except VRS.

   (ii) TRS shall have redundancy features functionally equivalent to the
   equipment in normal central offices, including uninterruptible power for
   emergency use.

   (iii) A VRS CA may not relay calls from a location primarily used as his or
   her home.

   (iv) A VRS provider leasing or licensing an automatic call distribution
   (ACD) platform must have a written lease or license agreement. Such lease or
   license  agreement  may  not  include any revenue sharing agreement or
   compensation based upon minutes of use. In addition, if any such lease is
   between two eligible VRS providers, the lessee or licensee must locate the
   ACD platform on its own premises and must utilize its own employees to
   manage the ACD platform. VRS CA service providers are not required to have a
   written lease or licensing agreement for an ACD if they obtain that function
   from the Neutral Video Communication Service Platform.

   (5) Technology. No regulation set forth in this subpart is intended to
   discourage or impair the development of improved technology that fosters the
   availability  of  telecommunications  to person with disabilities. TRS
   facilities are permitted to use SS7 technology or any other type of similar
   technology to enhance the functional equivalency and quality of TRS. TRS
   facilities that utilize SS7 technology shall be subject to the Calling Party
   Telephone Number rules set forth at 47 CFR 64.1600 et seq.

   (6) Caller ID. When a TRS facility is able to transmit any calling party
   identifying information to the public network, the TRS facility must pass
   through, to the called party, at least one of the following: the number of
   the TRS facility, 711, or the 10-digit number of the calling party.

   (7) STS 711 Calls. An STS provider shall, at a minimum, employ the same
   means of enabling an STS user to connect to a CA when dialing 711 that the
   provider uses for all other forms of TRS. When a CA directly answers an
   incoming 711 call, the CA shall transfer the STS user to an STS CA without
   requiring the STS user to take any additional steps. When an interactive
   voice response (IVR) system answers an incoming 711 call, the IVR system
   shall allow for an STS user to connect directly to an STS CA using the same
   level of prompts as the IVR system uses for all other forms of TRS.

   (c)  Functional  standards—(1) Consumer complaint logs. (i) States and
   interstate providers must maintain a log of consumer complaints including
   all complaints about TRS in the state, whether filed with the TRS provider
   or  the  State, and must retain the log until the next application for
   certification is granted. The log shall include, at a minimum, the date the
   complaint was filed, the nature of the complaint, the date of resolution,
   and an explanation of the resolution.

   (ii) Beginning July 1, 2002, states and TRS providers shall submit summaries
   of logs indicating the number of complaints received for the 12-month period
   ending May 31 to the Commission by July 1 of each year. Summaries of logs
   submitted to the Commission on July 1, 2001 shall indicate the number of
   complaints received from the date of OMB approval through May 31, 2001.

   (2)  Contact  persons. Beginning on June 30, 2000, State TRS Programs,
   interstate TRS providers, and TRS providers that have state contracts must
   submit to the Commission a contact person and/or office for TRS consumer
   information and complaints about a certified State TRS Program's provision
   of intrastate TRS, or, as appropriate, about the TRS provider's service.
   This submission must include, at a minimum, the following:

   (i) The name and address of the office that receives complaints, grievances,
   inquiries, and suggestions;

   (ii) Voice and TTY telephone numbers, fax number, e-mail address, and web
   address; and

   (iii) The physical address to which correspondence should be sent.

   (3) Public access to information. Carriers, through publication in their
   directories, periodic billing inserts, placement of TRS instructions in
   telephone  directories,  through  directory  assistance  services, and
   incorporation of TTY numbers in telephone directories, shall assure that
   callers in their service areas are aware of the availability and use of all
   forms of TRS. Efforts to educate the public about TRS should extend to all
   segments of the public, including individuals who are hard of hearing,
   speech disabled, and senior citizens as well as members of the general
   population. In addition, each common carrier providing telephone voice
   transmission services shall conduct, not later than October 1, 2001, ongoing
   education and outreach programs that publicize the availability of 711
   access to TRS in a manner reasonably designed to reach the largest number of
   consumers possible.

   (4) Rates. TRS users shall pay rates no greater than the rates paid for
   functionally equivalent voice communication services with respect to such
   factors as the duration of the call, the time of day, and the distance from
   the point of origination to the point of termination.

   (5) Jurisdictional separation of costs—(i) General. Where appropriate, costs
   of providing TRS shall be separated in accordance with the jurisdictional
   separation  procedures  and  standards  set  forth in the Commission's
   regulations adopted pursuant to section 410 of the Communications Act of
   1934, as amended.

   (ii) Cost recovery. Costs caused by interstate TRS shall be recovered from
   all subscribers for every interstate service, utilizing a shared-funding
   cost recovery mechanism. Except as noted in this paragraph, with respect to
   VRS, costs caused by intrastate TRS shall be recovered from the intrastate
   jurisdiction. In a state that has a certified program under § 64.606, the
   state agency providing TRS shall, through the state's regulatory agency,
   permit a common carrier to recover costs incurred in providing TRS by a
   method consistent with the requirements of this section. Costs caused by the
   provision of interstate and intrastate VRS shall be recovered from all
   subscribers for every interstate service, utilizing a shared-funding cost
   recovery mechanism.

   (iii) Telecommunications Relay Services Fund. Effective July 26, 1993, an
   Interstate Cost Recovery Plan, hereinafter referred to as the TRS Fund,
   shall  be  administered  by  an  entity  selected  by  the  Commission
   (administrator). The initial administrator, for an interim period, will be
   the National Exchange Carrier Association, Inc.

   (A) Contributions. Every carrier providing interstate telecommunications
   services  (including interconnected VoIP service providers pursuant to
   § 64.601(b)) and every provider of non-interconnected VoIP service shall
   contribute to the TRS Fund on the basis of interstate end-user revenues as
   described herein. Contributions shall be made by all carriers who provide
   interstate services, including, but not limited to, cellular telephone and
   paging, mobile radio, operator services, personal communications service
   (PCS), access (including subscriber line charges), alternative access and
   special access, packet-switched, WATS, 800, 900, message telephone service
   (MTS),  private  line,  telex, telegraph, video, satellite, intraLATA,
   international and resale services.

   (B) Contribution computations. Contributors' contributions to the TRS fund
   shall be the product of their subject revenues for the prior calendar year
   and  a  contribution factor determined annually by the Commission. The
   contribution factor shall be based on the ratio between expected TRS Fund
   expenses to the contributors' revenues subject to contribution. In the event
   that  contributions  exceed TRS payments and administrative costs, the
   contribution  factor  for  the  following  year will be adjusted by an
   appropriate amount, taking into consideration projected cost and usage
   changes.  In  the  event  that  contributions are inadequate, the fund
   administrator may request authority from the Commission to borrow funds
   commercially, with such debt secured by future years' contributions. Each
   subject  contributor  that  has  revenues subject to contribution must
   contribute at least $25 per year. Contributors whose annual contributions
   total less than $1,200 must pay the entire contribution at the beginning of
   the contribution period. Contributors whose contributions total $1,200 or
   more  may  divide  their  contributions  into  equal monthly payments.
   Contributors shall complete and submit, and contributions shall be based on,
   a “Telecommunications Reporting Worksheet” (as published by the Commission
   in the Federal Register). The worksheet shall be certified to by an officer
   of the contributor, and subject to verification by the Commission or the
   administrator at the discretion of the Commission. Contributors' statements
   in the worksheet shall be subject to the provisions of section 220 of the
   Communications Act of 1934, as amended. The fund administrator may bill
   contributors a separate assessment for reasonable administrative expenses
   and interest resulting from improper filing or overdue contributions. The
   Chief of the Consumer and Governmental Affairs Bureau may waive, reduce,
   modify  or  eliminate  contributor  reporting  requirements that prove
   unnecessary and require additional reporting requirements that the Bureau
   deems necessary to the sound and efficient administration of the TRS Fund.

   (C) Registration Requirements for Providers of Non-Interconnected VoIP
   Service—(1)Applicability. A non-interconnected VoIP service provider that
   will provide interstate service that generates interstate end-user revenue
   that is subject to contribution to the Telecommunications Relay Service Fund
   shall   file  the  registration  information  described  in  paragraph
   (c)(5)(iii)(C)(2)  of  this  section in accordance with the procedures
   described in paragraphs (c)(5)(iii)(C)(3) and (c)(5)(iii)(C)(4) of this
   section. Any non-interconnected VoIP service provider already providing
   interstate  service that generates interstate end-user revenue that is
   subject to contribution to the Telecommunications Relay Service Fund on the
   effective date of these rules shall submit the relevant portion of its FCC
   Form 499-A in accordance with paragraphs (c)(5)(iii)(C)(2) and (3) of this
   section.

   (2)  Information  required  for  purposes of TRS Fund contributions. A
   non-interconnected VoIP service provider that is subject to the registration
   requirement pursuant to paragraph (c)(5)(iii)(C)(1) of this section shall
   provide the following information:

   (i) The provider's business name(s) and primary address;

   (ii) The names and business addresses of the provider's chief executive
   officer, chairman, and president, or, in the event that a provider does not
   have  such  executives,  three similarly senior-level officials of the
   provider;

   (iii) The provider's regulatory contact and/or designated agent;

   (iv) All names that the provider has used in the past; and

   (v) The state(s) in which the provider provides such service.

   (3)  Submission  of  registration.  A  provider that is subject to the
   registration requirement pursuant to paragraph (c)(5)(iii)(C)(1) of this
   section   shall   submit   the   information  described  in  paragraph
   (c)(5)(iii)(C)(2) of this section in accordance with the Instructions to FCC
   Form 499-A. FCC Form 499-A must be submitted under oath and penalty of
   perjury.

   (4) Changes in information. A provider must notify the Commission of any
   changes to the information provided pursuant to paragraph (c)(5)(iii)(C)(2)
   of this section within no more than one week of the change. Providers may
   satisfy this requirement by filing the relevant portion of FCC Form 499-A in
   accordance with the Instructions to such form.

   (D) Data collection and audits. (1) TRS providers seeking compensation from
   the TRS Fund shall provide the administrator with true and adequate data,
   and  other  historical,  projected  and state rate related information
   reasonably requested to determine the TRS Fund revenue requirements and
   payments. TRS providers shall provide the administrator with the following:
   total TRS minutes of use, total interstate TRS minutes of use, total TRS
   investment in general in accordance with part 32 of this chapter, and other
   historical  or  projected  information  reasonably  requested  by  the
   administrator for purposes of computing payments and revenue requirements.

   (2) Call data required from all TRS providers. In addition to the data
   requested by paragraph (c)(5)(iii)(C)(1) of this section, TRS providers
   seeking compensation from the TRS Fund shall submit the following specific
   data associated with each TRS call for which compensation is sought:

   (i) The call record ID sequence;

   (ii) CA ID number;

   (iii) Session start and end times noted at a minimum to the nearest second;

   (iv) Conversation start and end times noted at a minimum to the nearest
   second;

   (v) Incoming telephone number and IP address (if call originates with an
   IP-based device) at the time of the call;

   (vi) Outbound telephone number (if call terminates to a telephone) and IP
   address (if call terminates to an IP-based device) at the time of call;

   (vii) Total conversation minutes;

   (viii) Total session minutes;

   (ix) The call center (by assigned center ID number) that handled the call;
   and

   (x) The URL address through which the call is initiated.

   (3) Additional call data required from Internet-based Relay Providers. In
   addition  to  the data required by paragraph (c)(5)(iii)(C)(2) of this
   section, Internet-based Relay Providers seeking compensation from the Fund
   shall submit speed of answer compliance data.

   (4) Providers submitting call record and speed of answer data in compliance
   with paragraphs (c)(5)(iii)(C)(2) and (c)(5)(iii)(C)(3) of this section
   shall:

   (i) Employ an automated record keeping system to capture such data required
   pursuant to paragraph (c)(5)(iii)(C)(2) of this section for each TRS call
   for which minutes are submitted to the fund administrator for compensation;
   and

   (ii) Submit such data electronically, in a standardized format. For purposes
   of this subparagraph, an automated record keeping system is a system that
   captures data in a computerized and electronic format that does not allow
   human  intervention during the call session for either conversation or
   session time.

   (5)  Certification. The chief executive officer (CEO), chief financial
   officer (CFO), or other senior executive of a TRS provider with first hand
   knowledge of the accuracy and completeness of the information provided, when
   submitting a request for compensation from the TRS Fund must, with each such
   request, certify as follows:

   I swear under penalty of perjury that:

   (i)  I am ______ (name and title)______, an officer of the above-named
   reporting entity and that I have examined the foregoing reports and that all
   requested information has been provided and all statements of fact, as well
   as all cost and demand data contained in this Relay Services Data Request,
   are true and accurate; and

   (ii)  The  TRS  calls for which compensation is sought were handled in
   compliance with Section 225 of the Communications Act and the Commission's
   rules  and  orders,  and are not the result of impermissible financial
   incentives or payments to generate calls.

   (6) Audits. The fund administrator and the Commission, including the Office
   of Inspector General, shall have the authority to examine and verify TRS
   provider data as necessary to assure the accuracy and integrity of TRS Fund
   payments.  TRS  providers  must  submit to audits annually or at times
   determined appropriate by the Commission, the fund administrator, or by an
   entity approved by the Commission for such purpose. A TRS provider that
   fails to submit to a requested audit, or fails to provide documentation
   necessary for verification upon reasonable request, will be subject to an
   automatic suspension of payment until it submits to the requested audit or
   provides sufficient documentation.

   (7) Call data record retention. Internet-based TRS providers shall retain
   the data required to be submitted by this section, and all other call detail
   records, other records that support their claims for payment from the TRS
   Fund, and records used to substantiate the costs and expense data submitted
   in the annual relay service data request form, in an electronic format that
   is easily retrievable, for a minimum of five years.

   (E) Payments to TRS providers. (1) TRS Fund payments shall be distributed to
   TRS providers based on formulas approved or modified by the Commission. The
   administrator shall file schedules of payment formulas with the Commission.
   Such formulas shall be designed to compensate TRS providers for reasonable
   costs  of providing interstate TRS, and shall be subject to Commission
   approval. Such formulas shall be based on total monthly interstate TRS
   minutes of use. The formulas should appropriately compensate interstate
   providers for the provision of TRS, whether intrastate or interstate.

   (2) TRS minutes of use for purposes of interstate cost recovery under the
   TRS Fund are defined as the minutes of use for completed interstate TRS
   calls  placed  through  the TRS center beginning after call set-up and
   concluding after the last message call unit.

   (3) In addition to the data required under paragraph (c)(5)(iii)(C) of this
   section, all TRS providers, including providers who are not interexchange
   carriers, local exchange carriers, or certified state relay providers, must
   submit reports of interstate TRS minutes of use to the administrator in
   order to receive payments.

   (4) The administrator shall establish procedures to verify payment claims,
   and may suspend or delay payments to a TRS provider if the TRS provider
   fails to provide adequate verification of payment upon reasonable request,
   or if directed by the Commission to do so. The TRS Fund administrator shall
   make payments only to eligible TRS providers operating pursuant to the
   mandatory  minimum  standards  as  required in this section, and after
   disbursements to the administrator for reasonable expenses incurred by it in
   connection with TRS Fund administration. TRS providers receiving payments
   shall file a form prescribed by the administrator. The administrator shall
   fashion a form that is consistent with 47 CFR parts 32 and 36 procedures
   reasonably tailored to meet the needs of TRS providers.

   (5) The Commission shall have authority to audit providers and have access
   to  all  data,  including carrier specific data, collected by the fund
   administrator. The fund administrator shall have authority to audit TRS
   providers reporting data to the administrator.

   (6)  The  administrator  shall not be obligated to pay any request for
   compensation until it has been established as compensable. A request shall
   be established as compensable only after the administrator, in consultation
   with the Commission, or the Commission determines that the provider has met
   its burden to demonstrate that the claim is compensable under applicable
   Commission rules and the procedures established by the administrator. Any
   request for compensation for which payment has been suspended or withheld in
   accordance  with paragraph (c)(5)(iii)(L) of this section shall not be
   established as compensable until the administrator, in consultation with the
   Commission, or the Commission determines that the request is compensable in
   accordance with paragraph (c)(5)(iii)(L)(4) of this section.

   (F) Eligibility for payment from the TRS Fund. (1) TRS providers, except
   Internet-based TRS providers, eligible for receiving payments from the TRS
   Fund must be:

   (i) TRS facilities operated under contract with and/or by certified state
   TRS programs pursuant to § 64.606; or

   (ii) TRS facilities owned or operated under contract with a common carrier
   providing interstate services operated pursuant to this section; or

   (iii) Interstate common carriers offering TRS pursuant to this section.

   (2) Internet-based TRS providers eligible for receiving payments from the
   TRS fund must be certified by the Commission pursuant to § 64.606.

   (G) Any eligible TRS provider as defined in paragraph (c)(5)(iii)(F) of this
   section shall notify the administrator of its intent to participate in the
   TRS Fund thirty (30) days prior to submitting reports of TRS interstate
   minutes of use in order to receive payment settlements for interstate TRS,
   and failure to file may exclude the TRS provider from eligibility for the
   year.

   (H)  Administrator reporting, monitoring, and filing requirements. The
   administrator shall perform all filing and reporting functions required in
   paragraphs  (c)(5)(iii)(A) through (c)(5)(iii)(J) of this section. TRS
   payment formulas and revenue requirements shall be filed with the Commission
   on  May  1  of  each  year,  to be effective the following July 1. The
   administrator shall report annually to the Commission an itemization of
   monthly administrative costs which shall consist of all expenses, receipts,
   and  payments  associated with the administration of the TRS Fund. The
   administrator is required to keep the TRS Fund separate from all other funds
   administered by the administrator, shall file a cost allocation manual (CAM)
   and shall provide the Commission full access to all data collected pursuant
   to the administration of the TRS Fund. The administrator shall account for
   the financial transactions of the TRS Fund in accordance with generally
   accepted  accounting  principles for federal agencies and maintain the
   accounts of the TRS Fund in accordance with the United States Government
   Standard General Ledger. When the administrator, or any independent auditor
   hired by the administrator, conducts audits of providers of services under
   the  TRS program or contributors to the TRS Fund, such audits shall be
   conducted  in  accordance  with generally accepted government auditing
   standards. In administering the TRS Fund, the administrator shall also
   comply with all relevant and applicable federal financial management and
   reporting statutes. The administrator shall establish a non-paid voluntary
   advisory  committee  of persons from the hearing and speech disability
   community,  TRS  users  (voice and text telephone), interstate service
   providers, state representatives, and TRS providers, which will meet at
   reasonable intervals (at least semi-annually) in order to monitor TRS cost
   recovery matters. Each group shall select its own representative to the
   committee. The administrator's annual report shall include a discussion of
   the advisory committee deliberations.

   (I) Information filed with the administrator. The Chief Executive Officer
   (CEO),  Chief  Financial Officer (CFO), or other senior executive of a
   provider submitting minutes to the Fund for compensation must, in each
   instance, certify, under penalty of perjury, that the minutes were handled
   in compliance with section 225 and the Commission's rules and orders, and
   are not the result of impermissible financial incentives or payments to
   generate  calls. The CEO, CFO, or other senior executive of a provider
   submitting cost and demand data to the TRS Fund administrator shall certify
   under penalty of perjury that such information is true and correct. The
   administrator  shall  keep all data obtained from contributors and TRS
   providers confidential and shall not disclose such data in company-specific
   form unless directed to do so by the Commission. Subject to any restrictions
   imposed by the Chief of the Consumer and Governmental Affairs Bureau, the
   TRS  Fund administrator may share data obtained from carriers with the
   administrators of the universal support mechanisms (see § 54.701 of this
   chapter), the North American Numbering Plan administration cost recovery
   (see § 52.16 of this chapter), and the long-term local number portability
   cost recovery (see § 52.32 of this chapter). The TRS Fund administrator shall
   keep  confidential  all  data  obtained from other administrators. The
   administrator shall not use such data except for purposes of administering
   the TRS Fund, calculating the regulatory fees of interstate common carriers,
   and aggregating such fee payments for submission to the Commission. The
   Commission shall have access to all data reported to the administrator, and
   authority  to  audit TRS providers. Contributors may make requests for
   Commission nondisclosure of company-specific revenue information under
   § 0.459 of this chapter by so indicating on the Telecommunications Reporting
   Worksheet at the time that the subject data are submitted. The Commission
   shall  make  all decisions regarding nondisclosure of company-specific
   information.

   (J) [Reserved]

   (K) All parties providing services or contributions or receiving payments
   under this section are subject to the enforcement provisions specified in
   the  Communications  Act, the Americans with Disabilities Act, and the
   Commission's rules.

   (L) Procedures for the suspension/withholding of payment. (1) The Fund
   administrator  will continue the current practice of reviewing monthly
   requests for compensation of TRS minutes of use within two months after they
   are filed with the Fund administrator.

   (2) If the Fund administrator in consultation with the Commission, or the
   Commission on its own accord, determines that payments for certain minutes
   should be withheld, a TRS provider will be notified within two months from
   the date for the request for compensation was filed, as to why its claim for
   compensation has been withheld in whole or in part. TRS providers then will
   be given two additional months from the date of notification to provide
   additional  justification  for  payment  of  such minutes of use. Such
   justification  should  be  sufficiently  detailed  to provide the Fund
   administrator and the Commission the information needed to evaluate whether
   the minutes of use in dispute are compensable. If a TRS provider does not
   respond, or does not respond with sufficiently detailed information within
   two months after notification that payment for minutes of use is being
   withheld,  payment  for  the  minutes of use in dispute will be denied
   permanently.

   (3) If, the TRS provider submits additional justification for payment of the
   minutes of use in dispute within two months after being notified that its
   initial  justification was insufficient, the Fund administrator or the
   Commission will review such additional justification documentation, and may
   ask further questions or conduct further investigation to evaluate whether
   to pay the TRS provider for the minutes of use in dispute, within eight
   months after submission of such additional justification.

   (4)  If the provider meets its burden to establish that the minutes in
   question  are  compensable  under  the  Commission's  rules,  the Fund
   administrator will compensate the provider for such minutes of use. Any
   payment by the Commission will not preclude any future action by either the
   Commission  or the U.S. Department of Justice to recover past payments
   (regardless of whether the payment was the subject of withholding) if it is
   determined at any time that such payment was for minutes billed to the
   Commission in violation of the Commission's rules or any other civil or
   criminal law.

   (5) If the Commission determines that the provider has not met its burden to
   demonstrate that the minutes of use in dispute are compensable under the
   Commission's  rules,  payment  will  be  permanently  denied. The Fund
   administrator or the Commission will notify the provider of this decision
   within one year of the initial request for payment.

   (M) Whistleblower protections. Providers shall not take any reprisal in the
   form  of  a personnel action against any current or former employee or
   contractor  who discloses to a designated manager of the provider, the
   Commission,  the TRS Fund administrator or to any Federal or state law
   enforcement entity, any information that the reporting person reasonably
   believes evidences known or suspected violations of the Communications Act
   or  TRS  regulations,  or any other activity that the reporting person
   reasonably believes constitutes waste, fraud, or abuse, or that otherwise
   could result in the improper billing of minutes of use to the TRS Fund and
   discloses that information to a designated manager of the provider, the
   Commission,  the TRS Fund administrator or to any Federal or state law
   enforcement  entity.  Providers shall provide an accurate and complete
   description of these TRS whistleblower protections, including the right to
   notify the FCC's Office of Inspector General or its Enforcement Bureau, to
   all  employees  and  contractors,  in  writing. Providers that already
   disseminate their internal business policies to its employees in writing
   (e.g. in employee handbooks, policies and procedures manuals, or bulletin
   board postings—either online or in hard copy) must include an accurate and
   complete description of these TRS whistleblower protections in those written
   materials.

   (N) In addition to the provisions set forth above, VRS providers shall be
   subject to the following provisions:

   (1) Eligibility for reimbursement from the TRS Fund. (i) Only an eligible
   VRS provider, as defined in paragraph (c)(5)(iii)(F) of this section, may
   hold itself out to the general public as providing VRS.

   (ii) VRS service must be offered under the name by which the eligible VRS
   provider offering such service became certified and in a manner that clearly
   identifies that provider of the service. Where a TRS provider also utilizes
   sub-brands to identify its VRS, each sub-brand must clearly identify the
   eligible VRS provider. Providers must route all VRS calls through a single
   URL address used for each name or sub-brand used.

   (iii) An eligible VRS provider may not contract with or otherwise authorize
   any third party to provide interpretation services or call center functions
   (including  call distribution, call routing, call setup, mapping, call
   features, billing, and registration) on its behalf, unless that authorized
   third party also is an eligible provider, or the eligible VRS provider is a
   VRS CA service provider and the authorized third party is the provider of
   the Neutral Video Communication Service Platform, except that a VRS CA
   service provider may not contract with or otherwise authorize the provider
   of the Neutral Video Communication Service Platform to perform billing on
   its behalf.

   (iv) To the extent that an eligible VRS provider contracts with or otherwise
   authorizes a third party to provide any other services or functions related
   to the provision of VRS other than interpretation services or call center
   functions, that third party must not hold itself out as a provider of VRS,
   and must clearly identify the eligible VRS provider to the public. To the
   extent an eligible VRS provider contracts with or authorizes a third party
   to provide any services or functions related to marketing or outreach, and
   such services utilize VRS, those VRS minutes are not compensable on a per
   minute basis from the TRS fund.

   (v) All third-party contracts or agreements entered into by an eligible
   provider  must  be in writing. Copies of such agreements shall be made
   available to the Commission and to the TRS Fund administrator upon request.

   (2) Call center reports. VRS providers shall file a written report with the
   Commission and the TRS Fund administrator, on April 1st and October 1st of
   each year for each call center that handles VRS calls that the provider owns
   or controls, including centers located outside of the United States, that
   includes:

   (i) The complete street address of the center;

   (ii) The number of individual CAs and CA managers; and

   (iii) The name and contact information (phone number and e-mail address) of
   the  manager(s)  at  the center. VRS providers shall also file written
   notification with the Commission and the TRS Fund administrator of any
   change in a center's location, including the opening, closing, or relocation
   of any center, at least 30 days prior to any such change.

   (3)  Compensation  of  CAs.  VRS  providers may not compensate, give a
   preferential work schedule or otherwise benefit a CA in any manner that is
   based upon the number of VRS minutes or calls that the CA relays, either
   individually or as part of a group.

   (4) Remote training session calls. VRS calls to a remote training session or
   a comparable activity will not be compensable from the TRS Fund when the
   provider  submitting minutes for such a call has been involved, in any
   manner, with such a training session. Such prohibited involvement includes
   training programs or comparable activities in which the provider or any
   affiliate  or  related party thereto, including but not limited to its
   subcontractors, partners, employees or sponsoring organizations or entities,
   has any role in arranging, scheduling, sponsoring, hosting, conducting or
   promoting such programs or activities.

   (6) Complaints—(i) Referral of complaint. If a complaint to the Commission
   alleges a violation of this subpart with respect to intrastate TRS within a
   state and certification of the program of such state under § 64.606 is in
   effect,  the  Commission  shall  refer  such  complaint  to such state
   expeditiously.

   (ii) Intrastate complaints shall be resolved by the state within 180 days
   after  the complaint is first filed with a state entity, regardless of
   whether it is filed with the state relay administrator, a state PUC, the
   relay provider, or with any other state entity.

   (iii) Jurisdiction of Commission. After referring a complaint to a state
   entity under paragraph (c)(6)(i) of this section, or if a complaint is filed
   directly with a state entity, the Commission shall exercise jurisdiction
   over such complaint only if:

   (A) Final action under such state program has not been taken within:

   (1) 180 days after the complaint is filed with such state entity; or

   (2) A shorter period as prescribed by the regulations of such state; or

   (B) The Commission determines that such state program is no longer qualified
   for certification under § 64.606.

   (iv) The Commission shall resolve within 180 days after the complaint is
   filed with the Commission any interstate TRS complaint alleging a violation
   of  section 225 of the Act or any complaint involving intrastate relay
   services in states without a certified program. The Commission shall resolve
   intrastate complaints over which it exercises jurisdiction under paragraph
   (c)(6)(iii) of this section within 180 days.

   (v) Complaint procedures. Complaints against TRS providers for alleged
   violations of this subpart may be either informal or formal.

   (A) Informal complaints—(1) Form. An informal complaint may be transmitted
   to the Consumer & Governmental Affairs Bureau by any reasonable means, such
   as letter, facsimile transmission, telephone (voice/TRS/TTY), Internet
   e-mail, or some other method that would best accommodate a complainant's
   hearing or speech disability.

   (2) Content. An informal complaint shall include the name and address of the
   complainant; the name and address of the TRS provider against whom the
   complaint  is  made; a statement of facts supporting the complainant's
   allegation that the TRS provided it has violated or is violating section 225
   of the Act and/or requirements under the Commission's rules; the specific
   relief or satisfaction sought by the complainant; and the complainant's
   preferred format or method of response to the complaint by the Commission
   and the defendant TRS provider (such as letter, facsimile transmission,
   telephone (voice/TRS/TTY), Internet e-mail, or some other method that would
   best accommodate the complainant's hearing or speech disability).

   (3) Service; designation of agents. The Commission shall promptly forward
   any  complaint  meeting the requirements of this subsection to the TRS
   provider named in the complaint. Such TRS provider shall be called upon to
   satisfy or answer the complaint within the time specified by the Commission.
   Every TRS provider shall file with the Commission a statement designating an
   agent  or agents whose principal responsibility will be to receive all
   complaints,  inquiries,  orders,  decisions,  and  notices  and  other
   pronouncements forwarded by the Commission. Such designation shall include a
   name or department designation, business address, telephone number (voice
   and TTY), facsimile number and, if available, internet e-mail address.

   (B) Review and disposition of informal complaints. (1) Where it appears from
   the TRS provider's answer, or from other communications with the parties,
   that an informal complaint has been satisfied, the Commission may, in its
   discretion, consider the matter closed without response to the complainant
   or defendant. In all other cases, the Commission shall inform the parties of
   its review and disposition of a complaint filed under this subpart. Where
   practicable, this information shall be transmitted to the complainant and
   defendant in the manner requested by the complainant (e.g., letter, facsmile
   transmission, telephone (voice/TRS/TTY) or Internet e-mail.

   (2) A complainant unsatisfied with the defendant's response to the informal
   complaint and the staff's decision to terminate action on the informal
   complaint  may file a formal complaint with the Commission pursuant to
   paragraph (c)(6)(v)(C) of this section.

   (C) Formal complaints. A formal complaint shall be in writing, addressed to
   the    Federal    Communications   Commission,   Enforcement   Bureau,
   Telecommunications  Consumer  Division, Washington, DC 20554 and shall
   contain:

   (1) The name and address of the complainant,

   (2) The name and address of the defendant against whom the complaint is
   made,

   (3) A complete statement of the facts, including supporting data, where
   available, showing that such defendant did or omitted to do anything in
   contravention of this subpart, and

   (4) The relief sought.

   (D) Amended complaints. An amended complaint setting forth transactions,
   occurrences or events which have happened since the filing of the original
   complaint and which relate to the original cause of action may be filed with
   the Commission.

   (E) Number of copies. An original and two copies of all pleadings shall be
   filed.

   (F) Service. (1) Except where a complaint is referred to a state pursuant to
   § 64.604(c)(6)(i),  or where a complaint is filed directly with a state
   entity, the Commission will serve on the named party a copy of any complaint
   or amended complaint filed with it, together with a notice of the filing of
   the complaint. Such notice shall call upon the defendant to satisfy or
   answer the complaint in writing within the time specified in said notice of
   complaint.

   (2) All subsequent pleadings and briefs shall be served by the filing party
   on all other parties to the proceeding in accordance with the requirements
   of  § 1.47 of this chapter. Proof of such service shall also be made in
   accordance with the requirements of said section.

   (G) Answers to complaints and amended complaints. Any party upon whom a copy
   of a complaint or amended complaint is served under this subpart shall serve
   an answer within the time specified by the Commission in its notice of
   complaint. The answer shall advise the parties and the Commission fully and
   completely of the nature of the defense and shall respond specifically to
   all material allegations of the complaint. In cases involving allegations of
   harm, the answer shall indicate what action has been taken or is proposed to
   be taken to stop the occurrence of such harm. Collateral or immaterial
   issues shall be avoided in answers and every effort should be made to narrow
   the issues. Matters alleged as affirmative defenses shall be separately
   stated and numbered. Any defendant failing to file and serve an answer
   within the time and in the manner prescribed may be deemed in default.

   (H) Replies to answers or amended answers. Within 10 days after service of
   an answer or an amended answer, a complainant may file and serve a reply
   which shall be responsive to matters contained in such answer or amended
   answer and shall not contain new matter. Failure to reply will not be deemed
   an admission of any allegation contained in such answer or amended answer.

   (I) Defective pleadings. Any pleading filed in a complaint proceeding that
   is not in substantial conformity with the requirements of the applicable
   rules in this subpart may be dismissed.

   (7) Treatment of TRS customer information. Beginning on July 21, 2000, all
   future contracts between the TRS administrator and the TRS vendor shall
   provide for the transfer of TRS customer profile data from the outgoing TRS
   vendor to the incoming TRS vendor. Such data must be disclosed in usable
   form at least 60 days prior to the provider's last day of service provision.
   Such data may not be used for any purpose other than to connect the TRS user
   with the called parties desired by that TRS user. Such information shall not
   be sold, distributed, shared or revealed in any other way by the relay
   center or its employees, unless compelled to do so by lawful order.

   (8) Incentives for use of IP CTS. (i) An IP CTS provider shall not offer or
   provide to any person or entity that registers to use IP CTS any form of
   direct or indirect incentives, financial or otherwise, to register for or
   use IP CTS.

   (ii) An IP CTS provider shall not offer or provide to a hearing health
   professional any direct or indirect incentives, financial or otherwise, that
   are tied to a consumer's decision to register for or use IP CTS. Where an IP
   CTS provider offers or provides IP CTS equipment, directly or indirectly, to
   a  hearing health professional, and such professional makes or has the
   opportunity to make a profit on the sale of the equipment to consumers, such
   IP  CTS provider shall be deemed to be offering or providing a form of
   incentive tied to a consumer's decision to register for or use IP CTS.

   (iii) Joint marketing arrangements between IP CTS providers and hearing
   health professionals shall be prohibited.

   (iv) For the purpose of this paragraph (c)(8), a hearing health professional
   is any medical or non-medical professional who advises consumers with regard
   to hearing disabilities.

   (v) Any IP CTS provider that does not comply with this paragraph (c)(8)
   shall be ineligible for compensation for such IP CTS from the TRS Fund.

   (9) IP CTS registration and certification requirements. (i) IP CTS providers
   must first obtain the following registration information from each consumer
   prior to requesting compensation from the TRS Fund for service provided to
   the consumer. The consumer's full name, date of birth, last four digits of
   the consumer's social security number, address and telephone number.

   (ii) Self-certification prior to August 28, 2014. IP CTS providers, in order
   to be eligible to receive compensation from the TRS Fund for providing IP
   CTS, also must first obtain a written certification from the consumer, and
   if obtained prior to August 28, 2014, such written certification shall
   attest that the consumer needs IP CTS to communicate in a manner that is
   functionally  equivalent  to  the  ability  of a hearing individual to
   communicate using voice communication services. The certification must
   include the consumer's certification that:

   (A) The consumer has a hearing loss that necessitates IP CTS to communicate
   in a manner that is functionally equivalent to communication by conventional
   voice telephone users;

   (B) The consumer understands that the captioning service is provided by a
   live communications assistant; and

   (C) The consumer understands that the cost of IP CTS is funded by the TRS
   Fund.

   (iii) Self-certification on or after August 28, 2014. IP CTS providers must
   also first obtain from each consumer prior to requesting compensation from
   the TRS Fund for the consumer, a written certification from the consumer,
   and if obtained on or after August 28, 2014, such certification shall state
   that:

   (A) The consumer has a hearing loss that necessitates use of captioned
   telephone service;

   (B) The consumer understands that the captioning on captioned telephone
   service is provided by a live communications assistant who listens to the
   other party on the line and provides the text on the captioned phone;

   (C) The consumer understands that the cost of captioning each Internet
   protocol captioned telephone call is funded through a federal program; and

   (D) The consumer will not permit, to the best of the consumer's ability,
   persons who have not registered to use Internet protocol captioned telephone
   service to make captioned telephone calls on the consumer's registered IP
   captioned telephone service or device.

   (iv) The certification required by paragraphs (c)(9)(ii) and (iii) of this
   section must be made on a form separate from any other agreement or form,
   and  must  include  a  separate  consumer  signature  specific  to the
   certification. Beginning on August 28, 2014, such certification shall be
   made under penalty of perjury. For purposes of this rule, an electronic
   signature, defined by the Electronic Signatures in Global and National
   Commerce Act, 15 U.S.C. 7001 et seq., as an electronic sound, symbol, or
   process, attached to or logically associated with a contract or other record
   and executed or adopted by a person with the intent to sign the record, has
   the same legal effect as a written signature.

   (v)  Third-party  certification prior to August 28, 2014. Where IP CTS
   equipment is or has been obtained by a consumer from an IP CTS provider,
   directly or indirectly, at no charge or for less than $75 and the consumer
   was registered in accordance with the requirements of paragraph (c)(9) of
   this section prior to August 28, 2014, the IP CTS provider must also obtain
   from each consumer prior to requesting compensation from the TRS Fund for
   the consumer, written certification provided and signed by an independent
   third-party professional, except as provided in paragraph (c)(9)(xi) of this
   section.

   (vi) To comply with paragraph (c)(9)(v) of this section, the independent
   professional providing certification must:

   (A) Be qualified to evaluate an individual's hearing loss in accordance with
   applicable professional standards, and may include, but are not limited to,
   community-based social service providers, hearing related professionals,
   vocational  rehabilitation counselors, occupational therapists, social
   workers, educators, audiologists, speech pathologists, hearing instrument
   specialists, and doctors, nurses and other medical or health professionals;

   (B) Provide his or her name, title, and contact information, including
   address, telephone number, and email address; and

   (C) Certify in writing that the IP CTS user is an individual with hearing
   loss  who needs IP CTS to communicate in a manner that is functionally
   equivalent to telephone service experienced by individuals without hearing
   disabilities.

   (vii) Third-party certification on or after August 28, 2014. Where IP CTS
   equipment is or has been obtained by a consumer from an IP CTS provider,
   directly or indirectly, at no charge or for less than $75, the consumer (in
   cases where the equipment was obtained directly from the IP CTS provider)
   has not subsequently paid $75 to the IP CTS provider for the equipment prior
   to the date the consumer is registered to use IP CTS, and the consumer is
   registered in accordance with the requirements of paragraph (c)(9) of this
   section on or after August 28, 2014, the IP CTS provider must also, prior to
   requesting compensation from the TRS Fund for service to the consumer,
   obtain from each consumer written certification provided and signed by an
   independent  third-party professional, except as provided in paragraph
   (c)(9)(xi) of this section.

   (viii) To comply with paragraph (c)(9)(vii) of this section, the independent
   third-party professional providing certification must:

   (A) Be qualified to evaluate an individual's hearing loss in accordance with
   applicable  professional  standards,  and  must be either a physician,
   audiologist, or other hearing related professional. Such professional shall
   not have been referred to the IP CTS user, either directly or indirectly, by
   any provider of TRS or any officer, director, partner, employee, agent,
   subcontractor,  or  sponsoring  organization  or  entity (collectively
   “affiliate”) of any TRS provider. Nor shall the third party professional
   making such certification have any business, family or social relationship
   with the TRS provider or any affiliate of the TRS provider from which the
   consumer is receiving or will receive service.

   (B) Provide his or her name, title, and contact information, including
   address, telephone number, and email address.

   (C) Certify in writing, under penalty of perjury, that the IP CTS user is an
   individual with hearing loss that necessitates use of captioned telephone
   service  and  that  the  third party professional understands that the
   captioning  on  captioned  telephone  service  is  provided  by a live
   communications assistant and is funded through a federal program.

   (ix) In instances where the consumer has obtained IP CTS equipment from a
   local, state, or federal governmental program, the consumer may present
   documentation to the IP CTS provider demonstrating that the equipment was
   obtained through one of these programs, in lieu of providing an independent,
   third-party certification under paragraphs (c)(9)(v) and (vii) of this
   section.

   (x) Each IP CTS provider shall maintain records of any registration and
   certification information for a period of at least five years after the
   consumer ceases to obtain service from the provider and shall maintain the
   confidentiality of such registration and certification information, and may
   not disclose such registration and certification information or the content
   of such registration and certification information except as required by law
   or regulation.

   (xi) IP CTS providers must obtain registration information and certification
   of hearing loss from all IP CTS users who began receiving service prior to
   March 7, 2013, within 180 days following August 28, 2014. Notwithstanding
   any other provision of paragraph (c)(9) of this section, IP CTS providers
   shall be compensated for compensable minutes of use generated prior to
   February 24, 2015 by any such users, but shall not receive compensation for
   minutes of IP CTS use generated on or after February 24, 2015 by any IP CTS
   user who has not been registered.

   (10) IP CTS settings. Each IP CTS provider shall ensure that each IP CTS
   telephone they distribute, directly or indirectly, shall include a button,
   icon, or other comparable feature that is easily operable and requires only
   one step for the consumer to turn on captioning.

   (11)(i)[Reserved]

   (ii) No person shall use IP CTS equipment or software with the captioning
   on, unless:

   (A) Such person is registered to use IP CTS pursuant to paragraph (c)(9) of
   this section; or

   (B) Such person was an existing IP CTS user as of March 7, 2013, and either
   paragraph  (c)(9)(xi)  of  this  section  is  not yet in effect or the
   registration deadline in paragraph (c)(9)(xi) of this section has not yet
   passed.

   (iii)  IP CTS providers shall ensure that any newly distributed IP CTS
   equipment  has  a label on its face in a conspicuous location with the
   following language in a clearly legible font: “FEDERAL LAW PROHIBITS ANYONE
   BUT REGISTERED USERS WITH HEARING LOSS FROM USING THIS DEVICE WITH THE
   CAPTIONS ON.” For IP CTS equipment already distributed to consumers by any
   IP CTS provider as of July 11, 2014, such provider shall, no later than
   August 11, 2014, distribute to consumers equipment labels with the same
   language as mandated by this paragraph for newly distributed equipment,
   along with clear and specific instructions directing the consumer to attach
   such labels to the face of their IP CTS equipment in a conspicuous location.
   For software applications on mobile phones, laptops, tablets, computers or
   other similar devices, IP CTS providers shall ensure that, each time the
   consumer logs into the application, the notification language required by
   this  paragraph appears in a conspicuous location on the device screen
   immediately after log-in.

   (iv) IP CTS providers shall maintain, with each consumer's registration
   records, records describing any IP CTS equipment provided, directly or
   indirectly, to such consumer, stating the amount paid for such equipment,
   and stating whether the label required by paragraph (c)(11)(iii) of this
   section  was  affixed  to such equipment prior to its provision to the
   consumer. For consumers to whom IP CTS equipment was provided directly or
   indirectly prior to the effective date of this paragraph (c)(11), such
   records  shall  state whether and when the label required by paragraph
   (c)(11)(iii) of this section was distributed to such consumer. Such records
   shall be maintained for a minimum period of five years after the consumer
   ceases to obtain service from the provider.

   (12) Discrimination and preferences. A VRS provider shall not:

   (i) Directly or indirectly, by any means or device, engage in any unjust or
   unreasonable discrimination related to practices, facilities, or services
   for or in connection with like relay service,

   (ii) Engage in or give any undue or unreasonable preference or advantage to
   any particular person, class of persons, or locality, or

   (ii) Subject any particular person, class of persons, or locality to any
   undue or unreasonable prejudice or disadvantage.

   (13) Unauthorized and unnecessary use of VRS. A VRS provider shall not
   engage in any practice that causes or encourages, or that the provider knows
   or has reason to know will cause or encourage:

   (i) False or unverified claims for TRS Fund compensation,

   (ii) Unauthorized use of VRS,

   (iii) The making of VRS calls that would not otherwise be made, or

   (iv) The use of VRS by persons who do not need the service in order to
   communicate in a functionally equivalent manner. A VRS provider shall not
   seek payment from the TRS Fund for any minutes of service it knows or has
   reason to know are resulting from such practices. Any VRS provider that
   becomes aware of such practices being or having been committed by any person
   shall as soon as practicable report such practices to the Commission or the
   TRS Fund administrator.

   (14) TRS calls requiring the use of multiple CAs. The following types of
   calls that require multiple CAs for their handling are compensable from the
   TRS Fund:

   (i) VCO-to-VCO calls between multiple captioned telephone relay service
   users, multiple IP CTS users, or captioned telephone relay service users and
   IP CTS users;

   (ii) Calls between captioned telephone relay service or IP CTS users and TTY
   service users; and

   (iii) Calls between captioned telephone relay service or IP CTS users and
   VRS users.

   (d)  Other standards. The applicable requirements of § § 64.605, 64.611,
   64.615, 64.617, 64.621, 64.631, 64.632, 64.5105, 64.5107, 64.5108, 64.5109,
   and 64.5110 of this part are to be considered mandatory minimum standards.

   [ 65 FR 38436 , June 21, 2000]

   Editorial Note: For Federal Register citations affecting § 64.604, see the
   List of CFR Sections Affected, which appears in the Finding Aids section of
   the printed volume and at www.fdsys.gov.

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