FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,052
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adopted, among other things, rules requiring that: (i) only an eligible VRS provider may hold itself out
to the general public as providing VRS;5 (ii) VRS must be offered under the name by which the eligible
provider became certified, in a manner that clearly identifies the provider of the service, and providers
must route all VRS calls through a single URL address for that brand;6 and (iii) an eligible VRS provider
may not contract with or otherwise authorize any third party to provide interpretation services or call
center functions on its behalf, unless that authorized party also is an eligible provider.' Together, these
rules are intended to reduce fraud and establish better oversight of the VRS program, and to address the
escalation of unauthorized revenue sharing arrangements in the VRS program.
3. In adopting these rules, the Commission recognized that some companies offering VRS
through an arrangement with an eligible VRS provider might require additional time to make adjustments
to their operations in order to come into compliance with the new requirements adopted in the VRS
Practices R&O. The Commission therefore stated that it would consider requests for a temporary waiver
of those requirements, to allow these entities to continue providing VRS as a subcontractor with an
eligible provider pending their certification under procedures to be adopted pursuant to the accompanying
Certification FNPRM. The Bureau subsequently issued a Public Notice providing guidance on filing
requests for waiver of the requirements adopted in the VRS Practices R&O."'
4. On May 31, 2011, the Commission suspended until October 1, 2011, the effective date of
section 64.604(c)(5)(iii)(N)(l)(iii) of its rules, in order to allow the Commission to complete its
proceeding to establish certification requirements for iTRS providers.' The Commission stated in the
VRS Staw Order that waiver requests filed pursuant to the VRS Practices R&O and Waiver Guidance
Public Notice were rendered moot by the VRS Stay Order only to the extent that such requests sought
waiver of section 64.604(c)(5)(iii)(N)(I)(iii). The Commission stated that requests for waiver of other
47 C.F.R. 64.604(c)(5)(iii)(N)(1l)(i-iti).
4 Under Commission rules in effect at the time Convo filed its waiver request, an eligible provider was defined as an
entity that meets at least one of four Commission eligibility requirements to provide TRS and receive compensation
from the Interstate TRS Fund (Fund). See 47 C.F.R. 64.604(c)(5)(iii)(F)(1-4)(2010). On July 28, 2011, the
Commission released an order amending its rules to require that all Internet-based TRS (iTRS) providers, including
VRS providers, obtain certification from the Commission in order to be eligible to receive compensation from the
Fund. See Structure and Practices of the Video Relay Servi ce Progrm. CG Docket No. 10-51, Second Report and
Order and Order, 26 FCC Red 10898 (2011) (iTRS (Certi/ication Order). The Commission therein established the
timeframes by which entitles seeking to become or remain eligible for compensation from the Fund must apply for
Commission certification. See id. at 10922-23, paras. 59-61.
See 47 C.F.R. 64.604(c)(5)(iii)(N)(1)(i); VRS Pra ctu es R&O, 26 FCC at 5574, para. 57.
"See 47 C.F.R. 64.604(c)(5)(iii)(N)( I)(ii); FRS Ptracticets R&O, 26 FCC at 5574, para. 57 Herein, we refer to
these requirements as the branding provisions and URL provisions, respectively, of section
See 47 C.F.R. 64.604(c)(5)(iii)(N)( 1)(tiii):; VRS Practices R&O. 26 FCC at 5574, para. 58.
t'RS Practices R&O, 26 FCC at 5574, para. 57
Id at 5575. para 62; see tTRS ('crt/fication Order (adopting procedures proposed in the Cer/ition FNPRa).
C onsu 'r and Govermnenta/.il:ui Buretu Provitde Gunhom e on Filing Requvests /or Waiver o/ N"w
Requrements Adoitied the ideo Rehty Services Frautd Order, CG Docket No. I )-51. Public Notice. 26 FCC Red
6863 (CGB 201 1) ( iVai'er Guidme Puthli Notice).
' The Commission subsequently extended the stay until November 15, 2011. See note 2, Supra
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/76/: accessed February 22, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.