FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,587
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Federal Communications Commission
integrity of the VRS Fund, to continue to remit hundreds of millions of dollars annually to providers who
admit that their chief executives are unable, or chose not, to attest to the veracity of their claims for
compensation.
91. The Commission therefore permanently adopts the rule set forth in the NPRM, requiring
the CEO, CFO, or other senior executive of a TRS provider with first hand knowledge of the accuracy
and completeness of the information provided, to make the required certifications under penalty of
perjury.44 We concur with SnapVRS's recommendation to include standardized language in this
certificate that addresses the liability of the certifying officer and the provider. Accordingly, we adopt
the following language for the necessary certificate:
I swear under penalty of perjury that (1) 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 (2) 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.
The Commission believes that this certification will provide an added deterrent against fraud and abuse of
the Fund by making senior officers of providers more accountable for the compensation data submitted to
the Fund administrator.
IV. FURTHER NOTICE OF PROPOSED RULEMAKING
92. As noted in the attached Order,'4 our rules establish that four types of entities are eligible
to provide Internet-based TRS and receive payment from the interstate TRS Fund:246 (1) a certified state
TRS provider or an entity operating relay facilities operated under contract with a certified state TRS
program; (2) an entity that owns or operates relay facilities under contract with a common carrier
providing interstate services; (3) interstate common carriers offering TRS; and (4) VRS and IP Relay
providers certified by the Commission. In the 2010 VRS NOI, we raised concerns about the extent to
which the Commission's current eligibility requirements are effective to ensure that potential VRS
providers are qualified to provide VRS in accordance with our rules, and in particular, what due
diligence we should exercise prior to granting certification to a VRS provider.'47 Specifically, we noted
that some providers seeking to receive compensation from the Fund may not have had prior TRS or
telecommunications experience, and asked about the extent to which such experience should be a
requirement for certification.4 We also asked about the extent to which entities that do not own or
244 See Appendix E for final rule, 47 C.F.R. 64.604(c)(5)(iiiXC)(5).
245 See 47, supra.
26 See 47 C.F.R. 64.604(cX5)(iii)(F)(1-4) (provider eligibility rules): see generally Telecommunications Relay
Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order and
Order on Reconsideration, 20 FCC Rcd 20577 (2005).
47 2010 VRS NOI, 25 FCC Rcd at 8605-8606, 25-26.
24 1d at 8605, 25.5587
FCC 11-54
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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/m1/759/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.