FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,231
viii, 4843-5761 p. ; 28 cm.View a full description of this book.
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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Structure and Practices of the Video Relay Service ) CG Docket No. 10-5 I1
Program )
Telecommunications Relay Services and Speech- ) CG Docket No. 03-123
to-Speech Services for individuals with Hearing )
and Speech Disabilities )
ORDER
Adopted: April 8, 2011 Released: April 8, 2011
By the Chief, Consumer and Governmental Affairs Bureau:
1. Under section 64.604(c)(5)(iii)(E) and (H) of the Commission's rules,' the Interstate
Telecommunications Relay Services (TRS) Fund (Fund) administrator' is required to file TRS payment
formulas and revenue requirements with the Commission on May I of each year, to be effective the
following July 1. In this Order, the Consumer and Governmental Affairs Bureau, pursuant to delegated
authority,3 waives this May 1, 2011 Fund administrator filing requirement for video relay service (VRS)
payment formulas and revenue requirements only.
2. Generally, the Commission's rules may be waived for good cause shown.4 The Commission
may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent
with the public interest.5 In addition, the Commission may take into account considerations of hardship,
equity, or more effective implementation of overall policy on an individual basis.6 Waiver of the
Commission's rules is therefore appropriate only if special circumstances warrant a deviation from the
general rule, and such a deviation will serve the public interest.7
3. The Commission is currently considering the compensation structure for VRS for the 2011-
12 Fund year, commencing July 1, 2011.8 During this time, we find that requiring the Fund
'47 C.F.R. 64.604(c)(5Xiii)(E), (HI).
2 The Fund administrator currently is the National Exchange Carrier Association (NECA).
3See 47 C.F.R. 0.141, 0.361.
4 47 C.F.R. 1.3 ("Any provision of the rules may be waived by the Commission on its own motion ... if good
cause theretbfor is shown").
5 Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
SWAIT Radio v. FCC, 41I8 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at I 166.
7Nor east Cellhdar, 897 F.2d at 1 166.
SSee FCC Items on Circulation, Telecommunications Relay Services and Speech-to-Speech Services for Individuals
with Hearing and Speech Disabilities; 201 1-12 VRS Rates NPRM at: http://www.fcc.gov/fcc-bin/circitems.cgi
(conlinued...)5231
DA 11-655
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52169/m1/403/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.