CaptionCall will pay a nearly $35 million fine and implement a compliance plan following an FCC Enforcement Bureau investigation about data privacy for consumers with disabilities, according to a consent decree Tuesday. The bureau found that the company unlawfully retained call content beyond the duration of a call and submitted inaccurate information to the Telecom Relay Service Fund administrator. The investigation found that CaptionCall retained some call content of TRS users for three years before the issue was discovered. TRS providers must "take additional precautions given their unique access to the content of their customers' calls," Chairwoman Jessica Rosenworcel said.

The 6th U.S. Circuit Appeals Court granted the unopposed March 20 motion of Hamilton Relay, a telecommunications relay service (TRS) provider, to intervene in support of the Ohio Telecom Association’s petition for review challenging the FCC’s Dec. 21 order modifying and expanding the commission’s data breach notification rules on telecom carriers, VoIP providers and TRS providers (see 2403210001), said a clerk’s order Wednesday (docket 24-3133). Hamilton provides intrastate and interstate text telephone, speech-to-speech and captioned telephone services in numerous states through individual state TRS contracts, plus nationwide relay service through its internet protocol captioned telephone service, which is regulated by the FCC. Hamilton’s motion said it was entitled to intervene because it was a party of interest in the proceeding leading to the adoption of the order and because the order’s data breach notification rules changes adversely affect its interests.

The 6th U.S. Circuit Appeals Court granted the unopposed March 20 motion of Hamilton Relay, a telecommunications relay service (TRS) provider, to intervene in support of the Ohio Telecom Association’s petition for review challenging the FCC’s Dec. 21 order modifying and expanding the commission’s data breach notification rules on telecom carriers, VoIP providers and TRS providers (see 2403210001), said a clerk’s order Wednesday (docket 24-3133). Hamilton provides intrastate and interstate text telephone, speech-to-speech and captioned telephone services in numerous states through individual state TRS contracts, plus nationwide relay service through its internet protocol captioned telephone service, which is regulated by the FCC. Hamilton’s motion said it was entitled to intervene because it was a party of interest in the proceeding leading to the adoption of the order and because the order’s data breach notification rules changes adversely affect its interests.

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Hamilton Relay, a telecommunications relay service (TRS) provider, seeks to intervene in support of the Ohio Telecom Association’s petition for review challenging the FCC’s Dec. 21 order modifying and expanding the commission’s data breach notification rules on telecom carriers, VoIP providers and TRS providers (see 2402210026), said its unopposed motion Wednesday (docket 24-3133) in the 6th U.S. Circuit Court of Appeals. Hamilton provides TRS to individuals who are deaf, hard of hearing, DeafBlind or have difficulty speaking, said its motion. The company provides intrastate and interstate text telephone, speech-to-speech and captioned telephone services in numerous states through individual state TRS contracts, nationwide relay service through its internet protocol captioned telephone service, which is regulated by the FCC, it said. Hamilton is entitled to intervene because it was a “party in interest” in the proceeding leading to the adoption of the order and the order’s changes to the FCC’s data breach notification rules adversely affect its interests, said the motion. Hamilton submitted comments in February 2023 in the FCC’s NPRM in the run-up to the order, it said. The order expands reporting obligations to the FCC and law enforcement agencies and imposes certain other duties on TRS providers pertaining to unauthorized access to or disclosure of customer proprietary network information and personally identifiable information, it said. In its February 2023 comments, Hamilton urged the FCC to consider how TRS providers are different from common carriers in the services they provide and the information they collect from their customers. The commission should ensure that any reporting obligations imposed on TRS providers “allow for the necessary flexibility to report relevant and actionable information to the appropriate law enforcement agencies and to customers,” it said then. It also urged the commission “to consider how its proposed rules will align, or potentially conflict, with existing state and federal privacy regimes,” it said.

Hamilton Relay, a telecommunications relay service (TRS) provider, seeks to intervene in support of the Ohio Telecom Association’s petition for review challenging the FCC’s Dec. 21 order modifying and expanding the commission’s data breach notification rules on telecom carriers, VoIP providers and TRS providers (see 2402210026), said its unopposed motion Wednesday (docket 24-3133) in the 6th U.S. Circuit Court of Appeals. Hamilton provides TRS to individuals who are deaf, hard of hearing, DeafBlind or have difficulty speaking, said its motion. The company provides intrastate and interstate text telephone, speech-to-speech and captioned telephone services in numerous states through individual state TRS contracts, nationwide relay service through its internet protocol captioned telephone service, which is regulated by the FCC, it said. Hamilton is entitled to intervene because it was a “party in interest” in the proceeding leading to the adoption of the order and the order’s changes to the FCC’s data breach notification rules adversely affect its interests, said the motion. Hamilton submitted comments in February 2023 in the FCC’s NPRM in the run-up to the order, it said. The order expands reporting obligations to the FCC and law enforcement agencies and imposes certain other duties on TRS providers pertaining to unauthorized access to or disclosure of customer proprietary network information and personally identifiable information, it said. In its February 2023 comments, Hamilton urged the FCC to consider how TRS providers are different from common carriers in the services they provide and the information they collect from their customers. The commission should ensure that any reporting obligations imposed on TRS providers “allow for the necessary flexibility to report relevant and actionable information to the appropriate law enforcement agencies and to customers,” it said then. It also urged the commission “to consider how its proposed rules will align, or potentially conflict, with existing state and federal privacy regimes,” it said.

ClearCaptions received conditional certification Thursday to provide IP captioned telephone service after its acquisition by CC Opportunities. An FCC Consumer and Governmental Affairs Bureau public notice in docket 03-123 said ClearCaptions will "remain eligible for compensation from the TRS Fund after the change in ownership, pending commission action on an application for full certification of the post-merger entity."

Communication Service for the Deaf urged the FCC to approve direct video calling (DVC) as a compensable telecom relay service for "interactions with customer service centers." Oppositions to the company's petition on the issue from video relay service providers "lack merit" and consumers "wholeheartedly agree" DVC should be approved for TRS funding, CSD told an aide to Chairwoman Jessica Rosenworcel, according to an ex parte filing posted Wednesday in docket 03-123. The request is "narrowly tailored" to enable callers fluent in American Sign Language "to effectively communicate with call centers that do not otherwise have anyone who can communicate in ASL," CSD said.

The Texas Association of Business (TAB) petitioned the 5th U.S. Circuit Appeals Court for review of the FCC’s updated data breach notification rules. The rules were adopted Dec. 13, released Dec. 21 and published in the Federal Register Feb. 12, said TAB's Thursday filing (docket 24-60085). They are effective March 13 (see 2402090035).

The Texas Association of Business (TAB) petitioned the 5th U.S. Circuit Appeals Court for review of the FCC’s updated data breach notification rules. The rules were adopted Dec. 13, released Dec. 21 and published in the Federal Register Feb. 12, said TAB's Thursday filing (docket 24-60085). They are effective March 13 (see 2402090035).