§ 64.611   Internet-based TRS registration.

   (a) Default provider registration. Every provider of VRS or IP Relay must,
   no  later than December 31, 2008, provide users with the capability to
   register with that VRS or IP Relay provider as a “default provider.” Upon a
   user's registration, the VRS or IP Relay provider shall:

   (1) Either:

   (i) Facilitate the user's valid number portability request as set forth in
   47 CFR 52.34; or, if the user does not wish to port a number,

   (ii) Assign that user a geographically appropriate North American Numbering
   Plan telephone number; and

   (2) Route and deliver all of that user's inbound and outbound calls unless
   the user chooses to place a call with, or receives a call from, an alternate
   provider.

   (3) Certification of eligibility of VRS users. (i) A VRS provider seeking
   compensation  from the TRS Fund for providing VRS to a particular user
   registered with that provider must first obtain a written certification from
   the user, attesting that the user is eligible to use VRS.

   (ii) The certification required by paragraph (a)(3)(i) of this section must
   include the user's attestation that:

   (A) The user has a hearing or speech disability; and

   (B)  The  user  understands  that the cost of VRS calls is paid for by
   contributions from other telecommunications users to the TRS Fund.

   (iii) The certification required by paragraph (a)(3)(i) of this section must
   be  made on a form separate from any other agreement or form, and must
   include a separate user signature specific to the certification. For the
   purposes of this rule, an electronic signature, defined by the Electronic
   Signatures in Global and National Commerce Act, 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. For the purposes
   of this rule, an electronic record, defined by the Electronic Signatures in
   Global and National Commerce Act as a contract or other record created,
   generated, sent, communicated, received, or stored by electronic means,
   constitutes a record.

   (iv)  Each  VRS  provider  shall  maintain  the confidentiality of any
   registration and certification information obtained by the provider, 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.

   (v) VRS providers must, for existing registered Internet-based TRS users,
   submit the certification required by paragraph (a)(3)(i) of this section to
   the  TRS  User Registration Database within 60 days of notice from the
   Managing Director that the TRS User Registration Database is ready to accept
   such information.

   (vi) When registering a user that is transferring service from another VRS
   provider,  VRS  providers  shall obtain and submit a properly executed
   certification if a query of the TRS User Registration Database shows a
   properly executed certification has not been filed.

   (vii) VRS providers shall require their CAs to terminate any call which does
   not involve an individual eligible to use VRS due to a hearing or speech
   disability or, pursuant to the provider's policies, the call does not appear
   to be a legitimate VRS call, and VRS providers may not seek compensation for
   such calls from the TRS Fund.

   (4) TRS User Registration Database information. Each VRS provider shall
   collect and transmit to the TRS User Registration Database, in a format
   prescribed by the administrator of the TRS User Registration Database, the
   following  information  for  each  of  its new and existing registered
   Internet-based TRS users: full name; full residential address; ten-digit
   telephone number assigned in the TRS numbering directory; last four digits
   of  the social security number or Tribal Identification number, if the
   registered Internet-based TRS user is a member of a Tribal nation and does
   not have a social security number; date of birth; Registered Location; VRS
   provider name and dates of service initiation and termination; a digital
   copy of the user's self-certification of eligibility for VRS and the date
   obtained by the provider; the date on which the user's identification was
   verified; and (for existing users only) the date on which the registered
   Internet-based TRS user last placed a point-to-point or relay call.

   (i) Each VRS provider must obtain, from each new and existing registered
   Internet-based TRS user, consent to transmit the registered Internet-based
   TRS user's information to the TRS User Registration Database. Prior to
   obtaining  consent,  the  VRS provider must describe to the registered
   Internet-based  TRS user, using clear, easily understood language, the
   specific  information being transmitted, that the information is being
   transmitted  to  the  TRS  User Registration Database to ensure proper
   administration of the TRS program, and that failure to provide consent will
   result in the registered Internet-based TRS user being denied service. VRS
   providers must obtain and keep a record of affirmative acknowledgment by
   every registered Internet-based TRS user of such consent.

   (ii) VRS providers must, for existing registered Internet-based TRS users,
   submit the information in paragraph (a)(3) of this section to the TRS User
   Registration Database within 60 days of notice from the Commission that the
   TRS User Registration Database is ready to accept such information. Calls
   from or to existing registered Internet-based TRS users that have not had
   their information populated in the TRS User Registration Database within 60
   days of notice from the Commission that the TRS User Registration Database
   is ready to accept such information shall not be compensable.

   (iii) VRS providers must submit the information in paragraph (a)(4) of this
   section upon initiation of service for users registered after 60 days of
   notice from the Commission that the TRS User Registration Database is ready
   to accept such information.

   (b) Mandatory registration of new users. As of December 31, 2008, VRS and IP
   Relay providers must, prior to the initiation of service for an individual
   that has not previously utilized VRS or IP Relay, register that new user as
   described in paragraph (a) of this section.

   (c) Obligations of default providers and former default providers. (1)
   Default providers must:

   (i) Obtain current routing information, including IP addresses or domain
   names and user names, from their Registered Internet-based TRS Users;

   (ii) Provision such information to the TRS Numbering Directory; and

   (iii) Maintain such information in their internal databases and in the TRS
   Numbering Directory.

   (2)  Internet-based TRS providers (and, to the extent necessary, their
   Numbering Partners) must:

   (i) Take such steps as are necessary to cease acquiring routing information
   from any VRS or IP Relay user that ports his or her number to another VRS or
   IP Relay provider or otherwise selects a new default provider;

   (ii) Communicate among themselves as necessary to ensure that:

   (A) Only the default provider provisions routing information to the central
   database; and

   (B) VRS and IP Relay providers other than the default provider are aware
   that they must query the TRS Numbering Directory in order to obtain accurate
   routing information for a particular user of VRS or IP Relay.

   (d) Proxy numbers. After December 31, 2008, a VRS or IP Relay provider:

   (1) May not assign or issue a proxy or alias for a NANP telephone number to
   any user; and

   (2)  Must  cease to use any proxy or alias for a NANP telephone number
   assigned or issued to any Registered Internet-based TRS User.

   (e) Toll free numbers. A VRS or IP Relay provider:

   (1) May not assign or issue a toll free number to any VRS or IP Relay user.

   (2) That has already assigned or provided a toll free number to a VRS or IP
   Relay user must, at the VRS or IP Relay user's request, facilitate the
   transfer of the toll free number to a toll free subscription with a toll
   free service provider that is under the direct control of the user.

   (3) Must within one year after the effective date of this Order remove from
   the Internet-based TRS Numbering Directory any toll free number that has not
   been transferred to a subscription with a toll free service provider and for
   which the user is the subscriber of record.

   (f) iTRS access technology. (1) Every VRS or IP Relay provider must ensure
   that all iTRS access technology they have issued, leased, or otherwise
   provided to VRS or IP Relay users delivers routing information or other
   information only to the user's default provider, except as is necessary to
   complete or receive “dial around” calls on a case-by-case basis.

   (2) All iTRS access technology issued, leased, or otherwise provided to VRS
   or  IP  Relay users by Internet-based TRS providers must be capable of
   facilitating the requirements of this section.

   (g)  User notification. Every VRS or IP Relay provider must include an
   advisory  on  its  website and in any promotional materials addressing
   numbering or E911 services for VRS or IP Relay.

   (1) At a minimum, the advisory must address the following issues:

   (i)  The  process  by which VRS or IP Relay users may obtain ten-digit
   telephone numbers, including a brief summary of the numbering assignment and
   administration processes adopted herein;

   (ii) The portability of ten-digit telephone numbers assigned to VRS or IP
   Relay users;

   (iii) The process by which persons using VRS or IP Relay may submit, update,
   and  confirm  receipt  by  the  provider  of their Registered Location
   information;

   (iv) An explanation emphasizing the importance of maintaining accurate,
   up-to-date Registered Location information with the user's default provider
   in  the  event  that  the  individual  places an emergency call via an
   Internet-based relay service;

   (v) The process by which a VRS or IP Relay user may acquire a toll free
   number, or transfer control of a toll free number from a VRS or IP Relay
   provider to the user; and

   (vi) The process by which persons holding a toll free number request that
   the toll free number be linked to their ten-digit telephone number in the
   TRS Numbering Directory.

   (2) VRS and IP Relay providers must obtain and keep a record of affirmative
   acknowledgment  by  every Registered Internet-based TRS User of having
   received and understood the advisory described in this subsection.

   (h) A VRS CA service provider shall fulfill its obligations under paragraphs
   (a), (c), (d), and (e) of this section using the Neutral Video Communication
   Service Platform.

   [ 73 FR 41295 , July 18, 2008, as amended at  76 FR 59557 , Sept. 27, 2011;  78 FR 40608 , July 5, 2013]

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