FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,593
viii, 4843-5761 p. ; 28 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
delegating authority to CGB to grant or deny such requests for service interruption, and to provide a
response to the provider within 30 days of the proposed interruption, in order to afford an adequate
period of notification to consumers. We propose to direct that CGB, in deciding whether to grant or
deny such requests, consider, among other things, the length of time for the proposed interruption, the
reason for such interruption, the frequency with which such requests have been made by the same
provider in the past, the potential impact of the interruption on consumers, and the provider's plans for a
smooth service restoration. We seek comment on these criteria and whether any others should be
considered in making such determinations. Finally, we propose that providers be subject to revocation
of their certifications by the Commission.
102. With respect to brief, unforeseen service interruptions due to circumstances beyond a
provider's control, we propose that the affected provider submit a written notification to CGB within two
business days of when the service disruption first occurred, with an explanation of how the provision of
its service had been restored or will be restored imminently. Finally, we propose taking enforcement
action against certified providers, including, but not limited to, the revocation of certification and/or
suspension of payment. in the event that a voluntary interruption of service occurs without obtaining
authority from the CGB or in the event that the requested cessation proceeds notwithstanding CGB's
denial of the provider's request. We seek comment on these proposals.
103. In order to ensure the seamless delivery of Internet-based TRS during any transition
period following Commission establishment of new eligibility requirements and certification procedures,
we propose that any provider currently eligible to receive compensation from the TRS Fund via a means
other than FCC certification,276 be permitted, concurrently with the submission of its application for
Commission certification, to seek temporary waiver of any new requirements to obtain certification from
the Commission prior to offering Internet-enabled TRS, while its application is pending.277 This will
enable the provider to continue to receive compensation from the Fund and to continue providing
Internet-based TRS during this interim period. ' We request comment on these proposals generally, as
well as a time frame for these providers to seek Commission certification and a temporary waiver. In
addition, we seek feedback on what an applicant seeking such a waiver should have to demonstrate in
order to establish that a temporary waiver of the certification requirement would serve the public
interest? Further, in the event that an applicant's request for temporary waiver and/or application for
certification is denied, we propose that the applicant be given at least 30 days to discontinue its service in
order to allow its affected consumers sufficient time for transition to another eligible provider's service.
(Continued from previous page)
disruption for its customers. See 47 U.S.C. 214; 47 C.F.R. 63.71. The Commission applied those rules to
interconnected VoIP in 2009. See IP-Enabled Services, Report and Order, 24 FCC Rcd 2039 (2009).
276 As noted above, this will include Internet-based TRS providers that are presently [eligible] because they are
operating relay facilities under contract with a certified state TRS program, own or operate relay facilities under
contract with a common carrier providing interstate services, or are an interstate common carrier
277 Persons seeking waiver of a Commission rule must show good cause, and that waiver would be in the public
interest. 47 C.F.R. 1.3; Northeast Cellular Telephone Co, v. FCC,897 F.2d 1164, 1166 (D.C. Cir. 1990Xciting
WAIT Radio v. FC, 418 F.2d 1 153. 1159 (D.C. Cir. 1969)).
s This proposed application and waiver process would also pertain to those providers whose Commission
certifications are due to expire before the new certification requirements go into effttect.5593
Federal Communications Commission
FCC 11-54
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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/m1/765/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.