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O'Rielly Cites Some Concerns

FCC Unanimously Adopts VRS Orders/Notices, Setting Up Showdown Over Rates

The FCC voted 3-0 to approve an item aimed at improving video relay services (VRS) for deaf and hard-of-hearing people, as expected (see 1703220013). The item adopted at the commissioners' meeting Thursday contains orders that would authorize trials using American Sign Language (ASL) relay interpreters with specialized technical knowledge and, in some cases, deaf interpreters. It also contains a notice of inquiry (NOI) and a Further NPRM that proposed a new four-year schedule of VRS provider compensation rates and sought comment on various plans, including one offered by smaller providers to raise their rates, and alternatives. Sorenson Communications recently submitted "less regulatory" proposals, responding to a draft's inclusion of the small-provider plan which would lower its compensation (see 1703080060).

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Chairman Ajit Pai said VRS is critical to helping the deaf and hard of hearing communicate in ways that others take for granted. "Beneficial as this service has been, we can do better. So I’m thrilled that today we take steps to meaningfully improve VRS," he said, calling trials of "skills-based routing of calls" and for using deaf interpreters noteworthy. "With skills-based routing, interpreters who specialize in medical, legal and technical computer support terminology can enable those with disabilities to use VRS to communicate with doctors, lawyers and computer technicians," he said: "A deaf interpreter’s unique experience and background can help bridge" communications difficulties for some users. "These two trials will further Congress’ goal of achieving functional equivalence of communications services," he added.

To help VRS users compare providers, the FCC will publish their speed-of-response records and explore other ways to make service-quality data available, said a release. Video phone numbers will be made available to hearing people who know ASL to allow them to have direct video calls with the deaf, and an at-home interpreting pilot program also was authorized. The NOI seeks comment on measuring VRS quality through performance metrics and addressing potential scam calls to interpreters.

The FNPRM asks about the appropriateness of provider non-service "giveaways" and interpreter exclusivity contracts, and seeks comment on whether the telecom relay service (TRS) fund should set aside money for research and development for VRS improvements. It "proposes a more efficient means of routing" VRS video calls and seeks ways to improve call validation to prevent waste, fraud and abuse. It proposes to "permit business and government customer support centers to enter telephone numbers" in the TRS numbering directory "so that VRS users can communicate directly in sign language with service representatives working in these centers," the release said.

Commissioner Mignon Clyburn lauded the item's questions on how to decrease scam calls to VRS users, which she called "downright shameful." She is pleased "that we seek comment on how to decrease competitive bottlenecks." If the FCC can improve service, enable choice and promote competition "while simultaneously making a service more cost-effective for the ratepayers who support it, then that docket will have my support," she said.

Commissioner Mike O'Rielly said he generally supported the actions but backed "ensuring an efficient and sustainable program that is targeted to meeting the actual needs of the deaf and hard of hearing community." He said the VRS program should focus on bridging "actual, demonstrated gaps" in the market as consumers migrate to new technologies, apps and services. "To the extent that off-the-shelf technologies, such as free texting applications, can serve as a better and more effective means of service, embracing these innovations could be a way to promote true functional equivalency, without depending on the [TRS] fund to provide the sole solution," he said.

O'Rielly said he welcomed input on possible rate changes, including small-providers' proposal and other possible methodologies such as price caps and market-based mechanisms. "I welcome input on ways to create a cost-effective structure that is sustainable over the long-term," he said. "I have been sympathetic to the idea that the smaller providers should have a reasonable opportunity to reach the optimum scale to compete effectively. ... However, I want to be assured that all providers are on track to sustain their operations based on reasonable costs and funding levels." O'Rielly questioned FCC authority to regulate domain names in routing calls and to conduct trials, and said he would closely scrutinize any subsequent related actions.