Notice of Certification of State Telecommunications Relay Service (TRS) Programs

AGENCY:

Federal Communications Commission.

ACTION:

Notice.

SUMMARY:

In this document, the Consumer & Governmental Affairs Bureau (Bureau) grants certification of fifty states', two territories', and the District of Columbia's TRS programs. The current certification for state TRS programs expires this year. This action certifies state TRS programs for the next five years, pursuant to the Commission's rules.

DATES:

Certifications effective July 26, 2008, through July 25, 2013.

FOR FURTHER INFORMATION CONTACT:

Diane Mason, (202) 418-7126 (voice), (202) 418-7828 (TTY), or e-mail: Diane.Mason@fcc.gov.

SUPPLEMENTARY INFORMATION:

This is a summary of the Bureau's public notice DA 08-1673, released July 16, 2008, in CG Docket No. 03-123. The full text of document DA 08-1673 is available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. It also may be purchased from the Commission's duplicating contractor at Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554; the contractor's Web site, http://www.bcpiweb.com ; or by calling (800) 378-3160.

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 & Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). Document DA 08-1673 can also be downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro/trs.html. In addition, the applications for certification may be viewed on the Bureau's Disability Rights Office Web site at http://www.fcc.gov/cgb/dro/trs_by_state.html .

Synopsis

The applications for certification of TRS programs of the states, territories, and the District of Columbia listed below (hereinafter, “states”) have been granted, pursuant to Title IV of the Americans with Disabilities Act (ADA), 47 U.S.C. 225(f)(2), and 47 CFR 64.606(b). On the basis of the state applications, the Bureau has determined that:

(1) The TRS program of the states meet or exceed all operational, technical, and functional minimum standards contained in 47 CFR 64.604;

(2) The TRS programs of the listed states make available adequate procedures and remedies for enforcing the requirements of the state program; and

(3) The TRS programs of the listed states in no way conflict with federal law.

The Bureau also has determined that, where applicable, the intrastate funding mechanisms of the listed states are labeled in a manner that promotes national understanding of TRS and does not offend the public, consistent with 47 CFR 64.606(d).

Because the Commission may adopt changes to the rules governing relay programs, including state relay programs, the certification is conditioned on a demonstration of compliance with any additional new rules that are adopted by the Commission. The Commission will provide guidance to the states on demonstrating compliance with such rule changes.

In response to the public notice seeking comment on the applications for certification of state TRS programs, Applications for Certification as Certified State Telecommunications Relay Service (TRS) Programs Filed; Pleading Cycle Established for Comment on Applications, CG Docket No. 03-123, DA 08-60, published at 73 FR 9118, February 19, 2008, the Commission received 84 comments, all of which address Speech-to-Speech (STS) outreach. As part of their applications for certification, states were required to submit specific examples of all outreach activities, including those targeted to users and receivers of STS services. We reviewed each of the outreach plans submitted by the states in conjunction with each of the applications listed below and found them to be in compliance with the Commission's requirements. The Bureau reminds states receiving certification of their continued obligation to engage in outreach activities, or to ensure that their contracted TRS providers conduct outreach in accordance with 47 CFR 64.604(c)(3).

This certification, as conditioned, shall remain in effect for a five year period, beginning July 26, 2008, and ending July 25, 2013, pursuant to 47 CFR 64.606(c). One year prior to the expiration of this certification, beginning July 25, 2012, the states may apply for renewal of their TRS program certification by filing documentation in accordance with the 47 CFR 64.606(a) and (b). States Approved for Certification: