Sec. 64.604  Mandatory minimum standards.

    (a) Operational standards--(1) Communications assistant (CA). TRS 
providers are responsible for requiring that CAs be sufficiently trained 
to effectively meet the specialized communications needs of individuals 
with hearing and speech disabilities; and that CAs have competent skills 
in typing, grammar, spelling, interpretation of typewritten ASL, and 
familiarity with hearing and speech disability cultures, languages and 
etiquette.
    (2) Confidentiality and conversation content. Except as authorized 
by section 705 of the Communications Act, 47 U.S.C. 605, CAs are 
prohibited from disclosing the content of any relayed conversation 
regardless of content and from keeping records of the content of any 
conversation beyond the duration of a call, even if to do so would be 
inconsistent with state or local law. CAs are prohibited from 
intentionally altering a relayed conversation and, to the extent that it 
is not inconsistent with federal, state or local law regarding use of 
telephone company facilities for illegal purposes, must relay all 
conversation verbatim unless the relay

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user specifically requests summarization.
    (3) Types of calls. Consistent with the obligations of common 
carrier operators, CAs are prohibited from refusing single or sequential 
calls or limiting the length of calls utilizing relay services. TRS 
shall be capable of handling any type of call normally provided by 
common carriers and the burden of proving the infeasibility of handling 
any type of call will be placed on the carriers. Providers of TRS are 
permitted to decline to complete a call because credit authorization is 
denied. CAs shall handle emergency calls in the same manner as they 
handle any other TRS calls.
    (b) Technical standards--(1) ASCII and Baudot. TRS shall be capable 
of communicating with ASCII and Baudot format, at any speed generally in 
use.
    (2) Speed of answer. TRS shall include adequate staffing to provide 
callers with efficient access under projected calling volumes, so that 
the probability of a busy response due to CA unavailability shall be 
functionally equivalent to what a voice caller would experience in 
attempting to reach a party through the voice telephone network. TRS 
shall, except during network failure, answer 85% of all calls within 10 
seconds and no more than 30 seconds shall elapse between receipt of 
dialing information and the dialing of the requested number.
    (3) Equal access to interexchange carriers. TRS users shall have 
access to their chosen interexchange carrier through the TRS, and to all 
other operator services, to the same extent that such access is provided 
to voice users.
    (4) TRS facilities. TRS shall operate every day, 24 hours a day. TRS 
shall have redundancy features functionally equivalent to the equipment 
in normal central offices, including uninterruptible power for emergency 
use. TRS shall transmit conversations between TT and voice callers in 
real time. Adequate network facilities shall be used in conjunction with 
TRS so that under projected calling volume the probability of a busy 
response due to loop trunk congestion shall be functionally equivalent 
to what a voice caller would experience in attempting to reach a party 
through the voice telephone network.
    (5) Technology. No regulation set forth in this subpart is intended 
to discourage or impair the development of improved technology that 
fosters the availability of telecommunications to person with 
disabilities. VCO and HCO technology are required to be standard 
features of TRS.
    (c) Functional standards--(1) Enforcement. Subject to Sec. 64.603, 
the Commission shall resolve any complaint alleging a violation of this 
section within 180 days after the complaint is filed.
    (2) Public access to information. Carriers, through publication in 
their directories, periodic billing inserts, placement of TRS 
instructions in telephone directories, through directory assistance 
services, and incorporation of TT numbers in telephone directories, 
shall assure that callers in their service areas are aware of the 
availability and use of TRS.
    (3) Rates. TRS users shall pay rates no greater than the rates paid 
for functionally equivalent voice communication services with respect to 
such factors as the duration of the call, the time of day, and the 
distance from the point of origination to the point of termination.
    (4) Jurisdictional separation of costs--(i) General. Where 
appropriate, costs of providing TRS shall be separated in accordance 
with the jurisdictional separation procedures and standards set forth in 
the Commission's regulations adopted pursuant to section 410 of the 
Communications Act of 1934, as amended.
    (ii) Cost recovery. Costs caused by interstate TRS shall be 
recovered from all subscribers for every interstate service, utilizing a 
shared-funding cost recovery mechanism. Costs caused by intrastate TRS 
shall be recovered from the intrastate jurisdiction. In a state that has 
a certified program under Sec. 64.605, the state agency providing TRS 
shall, through the state's regulatory agency, permit a common carrier to 
recover costs incurred in providing TRS by a method consistent with the 
requirements of this section.
    (iii) Telecommunications Relay Services Fund. Effective July 26, 
1993, an Interstate Cost Recovery Plan, hereinafter

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referred to as the TRS Fund, shall be administered by an entity selected 
by the Commission (administrator). The initial administrator, for an 
interim period, will be the National Exchange Carrier Association, Inc.
    (A) Contributions. Every carrier providing interstate 
telecommunications services shall contribute to the TRS Fund on the 
basis of its relative share of gross interstate revenues as described 
herein. Contributions shall be made by all carriers who provide 
interstate services, including, but not limited to, cellular telephone 
and paging, mobile radio, operator services, personal communications 
service (PCS), access (including subscriber line charges), alternative 
access and special access, packet-switched, WATS, 800, 900, message 
telephone service (MTS), private line, telex, telegraph, video, 
satellite, intraLATA, international and resale services.
    (B) Contribution computations. Contributors' contribution to the TRS 
fund shall be the product of their subject revenues for the prior 
calendar year and a contribution factor determined annually by the 
Commission. The contribution factor shall be based on the ratio between 
expected TRS Fund expenses to total interstate revenues. In the event 
that contributions exceed TRS payments and administrative costs, the 
contribution factor for the following year will be adjusted by an 
appropriate amount, taking into consideration projected cost and usage 
changes. In the event that contributions are inadequate, the fund 
administrator may request authority from the Commission to borrow funds 
commercially, with such debt secured by future years contributions. Each 
subject carrier must contribute at least $100 per year. Service 
providers whose annual contributions total less than $1,200 must pay the 
entire contribution at the beginning of the contribution period. Service 
providers whose contributions total $1,200 or more may divide their 
contributions into equal monthly payments. Contributions shall be 
calculated and filed in accordance with a ``TRS Fund Worksheet,'' which 
shall be published in the Federal Register. The worksheet sets forth 
information that must be provided by the contributor, the formula for 
computing the contribution, the manner of payment, and due dates for 
payments. The worksheet shall be certified to by an officer of the 
contributor, and subject to verification by the Commission or the 
administrator at the discretion of the Commission. Contributors' 
statements in the worksheet shall be subject to the provisions of 
section 220 of the Communications Act of 1934, as amended. The fund 
administrator may bill contributors a separate assessment for reasonable 
administrative expenses and interest resulting from improper filing or 
overdue contributions.
    (C) Data collection from TRS Providers. TRS providers shall provide 
the administrator with true and adequate data necessary to determine TRS 
fund revenue requirements and payments. TRS providers shall provide the 
administrator with the following: total TRS minutes of use, total 
interstate TRS minutes of use, total TRS operating expenses and total 
TRS investment in general accordance with part 32 of the Communications 
Act, and other historical or projected information reasonably requested 
by the administrator for purposes of computing payments and revenue 
requirements. The administrator and the Commission shall have the 
authority to examine, verify and audit data received from TRS providers 
as necessary to assure the accuracy and integrity of fund payments.
    (D) The TRS Fund will be subject to a yearly audit performed by an 
independent certified accounting firm or the Commission, or both.
    (E) Payments to TRS Providers. TRS Fund payments shall be 
distributed to TRS providers based on formulas approved or modified by 
the Commission. The administrator shall file schedules of payment 
formulas with the Commission. Such formulas shall be designed to 
compensate TRS providers for reasonable costs of providing interstate 
TRS, and shall be subject to Commission approval. Such formulas shall be 
based on total monthly interstate TRS minutes of use. TRS minutes of use 
for purposes of interstate cost recovery under the TRS Fund are defined 
as the minutes of use for completed interstate

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TRS calls placed through the TRS center beginning after call set-up and 
concluding after the last message call unit. In addition to the data 
required under paragraph (c)(4)(iii)(C) of this section, all TRS 
providers, including providers who are not interexchange carriers, local 
exchange carriers, or certified state relay providers, must submit 
reports of interstate TRS minutes of use to the administrator in order 
to receive payments. The administrator shall establish procedures to 
verify payment claims, and may suspend or delay payments to a TRS 
provider if the TRS provider fails to provide adequate verification of 
payment upon reasonable request, or if directed by the Commission to do 
so. TRS Fund administrator shall make payments only to eligible TRS 
providers operating pursuant to the mandatory minimum standards as 
required in Sec. 64.604, and after disbursements to the administrator 
for reasonable expenses incurred by it in connection with TRS Fund 
administration. TRS providers receiving payments shall file a form 
prescribed by the administrator. The administrator shall fashion a form 
that is consistent with Parts 32 and 36 procedures reasonably tailored 
to meet the needs of TRS providers. The Commission shall have authority 
to audit providers and have access to all data, including carrier 
specific data, collected by the fund administrator. The fund 
administrator shall have authority to audit TRS providers reporting data 
to the administrator.
    (F) TRS providers eligible for receiving payments from the TRS Fund 
are:
    (1) TRS facilities operated under contract with and/or by certified 
state TRS programs pursuant to Sec. 64.605; or
    (2) TRS facilities owned by or operated under contract with a common 
carrier providing interstate services operated pursuant to Sec. 64.604; 
or
    (3) Interstate common carriers offering TRS pursuant to Sec. 64.604.

    (G) Any eligible TRS provider as defined in paragraph (c)(4)(iii) 
(F) of this section shall notify the administrator of its intent to 
participate in the TRS Fund thirty (30) days prior to submitting reports 
of TRS interstate minutes of use in order to receive payment settlements 
for interstate TRS, and failure to file may exclude the TRS provider 
from eligibility for the year.
    (H) Administrator reporting, monitoring, and filing requirements. 
The administrator shall perform all filing and reporting functions 
required under paragraphs (c)(4)(iii) (A) through (J), of this section. 
Beginning in 1994, TRS payment formulas and revenue requirements shall 
be filed with the Commission on October 1 of each year, to be effective 
for a one-year period beginning the following January 1. The 
administrator shall report annually to the Commission an itemization of 
monthly administrative costs which shall consist of all expenses, 
receipts, and payments associated with the administration of TRS Fund. 
The administrator is required to keep the TRS Fund separate from all 
other funds administered by the administrator, shall file a cost 
allocation manual (CAM), and shall provide the Commission full access to 
all data collected pursuant to the administration of the TRS Fund. The 
administrator shall establish a non-paid, voluntary advisory committee 
of persons from the hearing and speech disability community, TRS users 
(voice and text telephone), interstate service providers, state 
representatives, and TRS providers, which will meet at reasonable 
intervals (at least semi-annually (in order to monitor TRS cost recovery 
matters. Each group shall select its own representative to the 
committee. The administrator's annual report shall include a discussion 
of advisory committee deliberations.
    (I) Information filed with the administrator. The administrator 
shall keep all data obtained from contributors and TRS providers 
confidential and shall not disclose such data in company-specific form 
unless directed to do so by the Commission. The administrator shall not 
use such data except for purposes of administering the TRS Fund, 
calculating the regulatory fees of interstate common carriers, and 
aggregating such fee payments for submission to the Commission. The 
Commission shall have access to all data reported to the administrator, 
and authority to audit TRS providers.
    (J) The administrator's performance and this plan shall be reviewed 
by the Commission after two years.

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    (K) All parties providing services or contributions or receiving 
payments under this section are subject to the enforcement provisions 
specified in the Communications Act, the Americans with Disabilities 
Act, and the Commission's rules.
    (5) Complaints--(i) Referral of complaint. If a complaint to the 
Commission alleges a violation of this subpart with respect to 
intrastate TRS within a state and certification of the program of such 
state under Sec. 64.605 is in effect, the Commission shall refer such 
complaint to such state expeditiously.
    (ii) Jurisdiction of Commission. After referring a complaint to a 
state under paragraph (c)(5)(i) of this section, or if a complaint is 
filed directly with a state, the Commission shall exercise jurisdiction 
over such complaint only if:
    (A) Final action under such state program has not been taken within:
    (1) 180 days after the complaint is filed with such state; or
    (2) A shorter period as prescribed by the regulations of such state; 
or
    (B) The Commission determines that such state program is no longer 
qualified for certification under Sec. 64.605.
    (iii) Complaint procedures--(A) Content. A complaint shall be in 
writing, addressed to the Federal Communications Commission, Common 
Carrier Bureau, TRS Complaints, Washington, DC 20554, or addressed to 
the appropriate state office, and shall contain:
    (1) The name and address of the complainant,
    (2) The name and address of the defendant against whom the complaint 
is made,
    (3) A complete statement of the facts, including supporting data, 
where available, showing that such defendant did or omitted to do 
anything in contravention of this subpart, and
    (4) The relief sought.
    (B) Amended complaints. An amended complaint setting forth 
transactions, occurrences or events which have happened since the filing 
of the original complaint and which relate to the original cause of 
action may be filed with the Commission.
    (C) Number of copies. An original and two copies of all pleadings 
shall be filed.
    (D) Service--(1) Except where a complaint is referred to a state 
pursuant to Sec. 64.604(c)(5)(i), or where a complaint is filed directly 
with a state, the Commission will serve on the named party a copy of any 
complaint or amended complaint filed with it, together with a notice of 
the filing of the complaint. Such notice shall call upon the defendant 
to satisfy or answer the complaint in writing within the time specified 
in said notice of complaint.
    (2) All subsequent pleadings and briefs shall be served by the 
filing party on all other parties to the proceeding in accordance with 
the requirements of Sec. 1.47 of this chapter. Proof of such service 
shall also be made in accordance with the requirements of said section.
    (E) Answers to complaints and amended complaints. Any party upon 
whom a copy of a complaint or amended complaint is served under this 
subpart shall serve an answer within the time specified by the 
Commission in its notice of complaint. The answer shall advise the 
parties and the Commission fully and completely of the nature of the 
defense and shall respond specifically to all material allegations of 
the complaint. In cases involving allegations of harm, the answer shall 
indicate what action has been taken or is proposed to be taken to stop 
the occurrence of such harm. Collateral or immaterial issues shall be 
avoided in answers and every effort should be made to narrow the issues. 
Matters alleged as affirmative defenses shall be separately stated and 
numbered. Any defendant failing to file and serve an answer within the 
time and in the manner prescribed may be deemed in default.
    (F) Replies to answers or amended answers. Within 10 days after 
service of an answer or an amended answer, a complainant may file and 
serve a reply which shall be responsive to matters contained in such 
answer or amended answer and shall not contain new matter. Failure to 
reply will not be deemed an admission of any allegation contained in 
such answer or amended answer.
    (G) Defective pleadings. Any pleading filed in a complaint 
proceeding that is not in substantial conformity with the

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requirements of the applicable rules in this subpart may be dismissed.

[ 56 FR 36731 , Aug. 1, 1991, as amended at  58 FR 12176 , Mar. 3, 1993;  58 FR 39673 , July 26, 1993;  61 FR 36642 , July 12, 1996]

    Effective Date Note: At  62 FR 47152 , Sept. 8, 1997, paragraph (a)(3) 
of Sec. 64.604 was suspended from Sept. 8, 1997, through Aug. 26, 1998.