FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,602
viii, 4843-5761 p. ; 28 cm.View a full description of this book.
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APPENDIX C
Final Regulatory Flexibility Certification
Docket No. 10-51
1. The Regulatory Flexibility Act of 1980, as amended (RFA),' requires that a regulatory
flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that "the rule will
not, if promulgated, have a significant economic impact on a substantial number of small entities."' The
RFA generally defines "small entity" as having the same meaning as the terms "small business," "small
organization," and "small governmental jurisdiction."'3 In addition, the term "small business" has the
same meaning as the term "small business concern" under the Small Business Act.4 A small business
concern is one which: (1) is independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the Small Business Administration
(SBA).5
2. This Report and Order adopts rules to minimize fraud, waste, and abuse in the TRS
industry, particularly for VRS. Specifically, this Report and Order takes the following measures: It
adopts rules requiring that VRS providers submit a statement describing the location and staffing of their
call centers twice a year, and a notification at least 30 days prior to any change in the location of such
centers. It prohibits VRS CAs from relaying calls from their homes. It prohibits VRS provider
arrangements that involve tying compensation paid or other benefits given to CAs to minutes or calls
processed by that CA, either individually or as part of a group. In addition, the Commission adopts
procedures for the resolution of disputed provider payment claims when payment has been suspended.6
3. In addition to the above, in this Report and Order, the Commission adopts a rule
prohibiting compensation for VRS calls that originate from IP addresses that indicate the individual
initiating the call is located outside of the United States. Under new rules, VRS CAs will be required to
terminate a VRS call if either party to the call: (1) enables a privacy screen or similar feature for more
than five minutes, or (2) is unresponsive or unengaged for more than five minutes, unless the call is to 9-
1-1 or one of the parties is on hold. In addition compensation for VRS calls for remote training when the
provider is involved in any way with such training will be prohibited. The Report and Order also requires
automated recordkeeping of TRS minutes submitted to the Fund, and amends the rules governing data
collection from VRS providers to add requirements for the filing of data associated with each VRS call
for which a VRS provider is seeking compensation.
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601-612, has been amended by the Small Business Regulatory
Enforcement Fairness Act of 1996, (SBREFA) Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996).
2 5 U.S.C. 605(b).
3 5 U.S.C. 601(6).
4 5 U.S.C. 601(3) (incorporating by reference the definition of"small business concern" in Small Business Act, 15
U.S.C. S 632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a small business applies "unless an
agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity
for public comment, establishes one or more definitions of such term which are appropriate to the activities of the
agency and publishes such definition(s) in the Federal Register."
SSmall Business Act, 15 U.S.C. S 632.
6 See 1 24-30, supra.5602
Federal Communications Commission
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/m1/774/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.