In accordance with Americans with Disabilities Act (ADA), FCC adopted latest order eliminating coin-sent paid requirement and encouraging specific outreach and education programs to inform telecom relay services (TRS) users of their options when placing calls from payphones. Commission said carriers needn’t provide coin sent-paid TRS calls from payphones because “it is infeasible to provide coin sent-paid relay service through payphones at this time, and the coin sent-paid functionality is not necessary to achieve functional equivalence.” In joint statement, FCC Chmn. Powell and FCC Comr. Abernathy said they were “pleased that carriers have agreed to make permanent the interim plan requiring them to carry local TRS calls from payphones free of charge. A key part of the permanent plan is the consumer outreach and education component.” However, they said, if those voluntary outreach measures didn’t succeed in giving TRS users information they needed, they would support adoption of mandatory outreach requirements. Comr. Copps said he supported Commission’s maintaining rule requiring carriers to provide free local TRS calls. However, he said “the [Commission] majority” didn’t require that carriers provide alternatives for toll calls at rates equal to or less than coin rate. He said it eliminated entirely requirement that carriers provide coin TRS calls from payphones and made it “even more difficult for consumers by eliminating requirements for outreach to inform consumers of the least expensive option.”

Sprint introduced Internet-based relay service for deaf and hard-of-hearing people Mon., service made possible by FCC decision in April to make Internet relay eligible for reimbursement under Telecom Relay Service (TRS) fund. Service enables handicapped persons to converse with hearing people without purchasing TTY machine that’s used in traditional relay service. Users dial ISP to access relay center via Web site. Agents at relay center enable conversations by reading deaf person’s typed message to hearing person on telephone at other end of conversation. Agent then types in hearing person’s response so deaf person can read it on computer screen.

FCC ordered hearing before administrative law judge to determine whether Publix Companies illegally collected more than $6 million from national Telecom Relay Service (TRS) Fund by seeking reimbursements without providing TRS service. Publix is group of 5 associated companies. Hearing -- date and place haven’t been set yet -- will look at whether Publix is entitled to any of TRS money requested or received, whether its common carrier operating authority should be revoked, whether fine is warranted and, if so, how much. TRS provides telephone services to people with hearing or speech disabilities and TRS Fund reimburses carriers for cost of providing interstate TRS. FCC said random audit in 2001 by National Exchange Carrier Assn. (NECA), which administers TRS, “raised significant questions of whether [Publix Companies] relay operations qualified them for the TRS Fund payments that they had requested and received.” For example, Publix’s relay operation handled few calls, mostly among Publix employees, and operated only Mon.-Fri. during business hours, rather than 24 hours daily, 7 days a week. Average length of calls and volume of minutes reported by Publix also was “suspicious,” Commission said. FCC Enforcement Bureau subpoenaed Publix records in June 2001 and told NECA to withhold funding. FCC said “it appears that the Publix Companies did not actually provide TRS as defined by the Commission’s rules, thus raising a threshold issue about their eligibility for compensation… Moreover, there appears to be pervasive misconduct and violations of Commission rules by the Publix Companies.”

FCC asked for comments by July 11, replies by July 26, on whether it should attempt to devise method for allocating telecom relay service (TRS) calls as intrastate or interstate (98-67). Issue follows decision (CD April 19 p5) that IP- based TRS providers are eligible for reimbursement from Interstate TRS fund.

FCC voted at agenda meeting Thurs. to make Internet- based relay services eligible for reimbursement under Telecom Relay Service (TRS) fund. IP relay service is similar to traditional TRS, but part of its route runs over Internet rather than phone line. TRS enables deaf or otherwise impaired people to communicate by dialing relay center on special TTY (teletypewriter/text phone) and typing in message which worker at relay center then reads to party on other end of call. With IP relay, impaired person would type and send message over computer rather than TTY, which means individual wouldn’t have to buy TTY machine. Relay center is accessed via Web site. FCC’s vote classified IP relay as part of TRS and cleared way for its broader usage by authorizing reimbursement of costs. “The FCC must not allow regulatory artifacts to slow innovation by limiting support for TRS to older technologies,” FCC Comr. Abernathy said. “My only regret is that we did not act sooner to provide flexibility for this service innovation.” FCC also asked for comment on whether it should devise method for allocating TRS calls as intrastate or interstate and, if so, how to do it. TRS is offered by service providers that are reimbursed through TRS fund, financed by fees on common carriers. Sprint spokesman said company had been developing software and interface to enable IP relay and now would “move quickly to implement this service in the states we serve.” WorldCom spokeswoman said FCC’s action was “great news” for IP relay which, she said, was product MCI created and was first to market.

Having gained approval from Congress and National Treasury Employees Union Local 209, FCC will begin operating with reorganized bureaus starting March 25, agency announced Fri. Affected bureaus are: (1) Media Bureau, combination of former Cable Services and Mass Media Bureaus; (2) Wireline Competition Bureau, former Common Carrier Bureau; (3) Consumer and Governmental Affairs Bureau, ex-Consumer Information Bureau; (4) Office of Legislative Affairs, ex- Office of Legislative and Intergovernmental Affairs. Also undergoing some reorganization, though not renamed: International, Enforcement and Wireless Telecommunications Bureaus. Commission also announced new Web site concentrating on FCC reform: http://www.fcc.gov/fcc_reform/.

FCC postponed until “sometime in the spring” scheduled Oct. 10 public forum and technology expo on Telecom Relay Service (TRS). Commission urged individuals to submit written ex parte presentations to help FCC write guidelines for educating public about TRS, one of topics that was to be discussed at forum.

Comsat asked FCC for full refund of $503,201 in Universal Service or TRS fund overpayments between 1993 and 1998, it said in Aug. 15 ex parte filing. Comsat said it was entitled to refund because it had provided no interstate portion of services that could be assessed for TRS payments, and services it did provide shouldn’t have been considered telecom under Commission rules. For TRS funding purposes, interstate services include interstate portion of video, satellite and international services. Comsat said that as provider of bare transponder capacity to mainly international destinations, it didn’t provide interstate portion of telecom service within meaning of Commission rules.

U.S. Appeals Court, D.C., seemed more concerned Wed. about procedural questions than merits as it heard arguments in Qwest challenge to FCC’s pricing rules for traffic that travels between ILECs and paging companies. Issue, outgrowth of reciprocal compensation regime, arose as result of dispute between Qwest and TSR Wireless, one-way paging company in Ariz. Qwest had billed TRS for dedicated facilities needed to pass paging calls to TSR customers. FCC sided with paging company and said charges weren’t legal.

National Exchange Carrier Assn. (NECA) gave FCC data on how much money is needed to support Telecom Relay Services (TRS) Fund in year starting July 1. NECA said $70.3 million would be needed, but since there was $11 million balance from this year, actual requirement was $59.4 million. TRS Fund is paid through contributions from telecom providers based on percentage of their interstate and international revenues. NECA also proposed reimbursement amounts for carriers that handle TRS calls: $1.309 per interstate min. for traditional TRS, $2.62 per interstate min. for Speech-to-Speech service, $7.449 for Video Relay Service. Providers are reimbursed separately for intrastate calls. NECA filing also included funding for nationwide campaign to educate public on using 711 to access TRS.