FCC Record, Volume 26, No. 20, Pages 15894 to 16757, November 14 - December 9, 2011 Page: 15,946
ix, 15894-16757 p. ; 28 cm.View a full description of this book.
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For all of these reasons, we conclude that Malka has failed to demonstrate that it satisfies the
requirements set forth in the Commission's rules for iTRS provider certification. We therefore deny
Malka's application for certification to be eligible for compensation from the Fund as a VRS provider.
Because we deny Malka's certification application, we find that its request for waiver of section
64.604(c)(5)iiiX(N))(iii) of the Commission's rules is rendered moot.'4
A redacted copy of Malka's application is available for public inspection and copying during
regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, SW, Suite
CY-A257, Washington, DC 20554, (202) 418-0270. The full text of this Public Notice is similarly
available for public inspection or copying. These documents may also be purchased. from the
Commission's duplicating contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW,
Room CY-B402, Washington, DC 20554. Customers may contact BCPI at its web site:
www.bcpiweb.com, or by calling 1-800-378-3160. A redacted copy of Malka's application may also be
found by searching on the Commission's Electronic Comment Filing System (ECFS) at
http://www.fccaov/cgb/ecfs (insert CG Docket No. 10-51 into the Proceeding block).
To request materials in accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an e-mail to fcc504fcc.gov or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This Public Notice can also be
downloaded in Word or Portable Document Format (PDF) at: http://www.fcc.gov/cgb/dro.
For further information, please contact Gregory Hlibok, Consumer and Governmental Affairs
Bureau, Disability Rights Office, at (866) 954-4053 (voice/videophone), (202) 418-0431 (TTY), or e-mail
at Gregory.Hlibokafcc.gov.
provider to answer concurrent calls without compromising the speed-of-answer requirement. See 47 C.F.R.
64.604(b)(2)(iii) (requiring that VRS providers answer 80 percent of all calls within 120 seconds). In adopting the
24/7 and speed-of-answer requirements for VRS, the Commission found that both requirements are vital towards
implementing the "fundamental policy considerations underlying the TRS regime," including that TRS provide
access for individuals with disabilities to the telephone system in a manner that is functionally equivalent to the
ability of a hearing individual who does not have a speech disability to communicate using voice communication
services. Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and
Speech Disabilities, CG Docket No. 03-123, Report and Order, 20 FCC Red 13165, 13175, 19 (2005) (finding that
VRS speed-of-answer requirements promote functional equivalency because "'reaching a CA ready to place the call
is the same as reaching a dial tone"); id at 13179. 29 ("Congress expressly recognized that having TRS available
24/7 is central to the notion of functional equivalency"). See also note 2, supra (quoting statutory definition of TRS,
including functional equivalence standard).
14 Malka Communications Group, Inc., Section 64.604(c)()()(iii)(N)(1)(ii) Waiver Request, CG Docket No. 10-51
(Sept. 29, 2011), at 2. Section 64.604(c)(5)(iii)(N)(1Xiii) of the Commission's rules generally prohibits the
subcontracting of VRS CA services or call center functions.15946
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 20, Pages 15894 to 16757, November 14 - December 9, 2011, book, December 2011; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc81370/m1/69/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.