[Federal Register: July 9, 2004 (Volume 69, Number 131)]
[Notices]
[Page 41478-41479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy04-78]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 04-1738]
FCC Reminds Public of Requirements Regarding Internet Relay
Service and Issues Alert
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: In this document, the Commission provides guidance to
consumers, TRS providers, and merchants that conduct business via
telephone. In addition, this document is intended to alert the public
regarding the fraudulent use of IP Relay Service, and to suggest steps
they can take to avoid becoming victims.
DATES: Effective June 18, 2004.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Dana Jackson, (202) 418-2247 (voice),
(202) 418-7898 (TTY), or e-mail dana.jackson@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public
Notice, DA 04-1738 released June 18, 2004.
The full text of this document is available for public inspection
and copying during regular business hours at the FCC Reference
Information Center, Portals II, 445 12th Street, SW., Room CY-A257,
Washington, DC 20554. This document may be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
[[Page 41479]]
CY-B402, Washington, DC 20554. Customers may contact BCPI, Inc. at
their Web site: http://www.bcpiweb.com or call 1-800-378-3160.
To request this document in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This
Public Notice can also be downloaded in Word and Portable Formats at
http://www.fcc.gov/cgb/dro.
Synopsis: TRS enables an individual with a hearing or speech
disability to communicate by telephone with a person without such a
disability. This is accomplished through TRS facilities that are
staffed by specially trained communications assistants (CAs) using
special technology. The CA relays conversations between persons using
various types of assistive communication devices and persons who do not
require such assistive devices. In a traditional text-based TRS call,
the caller types the number of the TRS facility and, after reaching the
facility, types the number of the party he or she desires to call. The
CA, in turn, places an outbound voice call to the called party. The CA
serves as the ``link'' in the conversation, converting all TTY messages
from the caller into voice messages, and all voice messages from the
called party into typed messages for the TTY user. The process is
performed in reverse when a voice telephone user initiates a
traditional TRS call to a TTY user. TRS also includes Video Relay
Services (VRS), Internet Protocol (IP) Relay, and Speech-to-Speech
(STS). IP Relay is a form of TRS that uses the Internet, rather than
the Public Switched Telephone Network, to place the leg of the call
from the person with a hearing or speech disability to the TRS CA. The
IP Relay user establishes a local connection to an Internet service
provider (ISP) using a computer, web phone, personal digital assistant
(PDA) or any other IP-capable device. The IP Relay user then reaches a
CA by directing the web browser to one of the IP Relay providers' Web
sites. When the IP Relay user is connected to the IP Relay service
provider, the user is immediately routed to a CA, who then makes the
outbound call to the hearing person and relays the call between the
parties. The Commission has received complaints from vendors,
consumers, and TRS providers that people are using the IP Relay to make
telephone purchases using stolen or fake credit cards. Although such
purchases are illegal, and the Department of Justice and the FBI can
investigate, due to the transparent nature of the CA's role in a TRS
call the CA may not interfere with the conversation. The TRS statutory
and regulatory scheme do not contemplate that the CA should have a law
enforcement role by monitoring the conversations they are relaying.
The Federal Trade Commission is aware of this problem and has
instructed that persons who have been defrauded should contact the FTC
directly at http://www.ftc.gov or 877-FTC-HELP. The FBI also has a Web site for complaints and information regarding Internet crimes: http://www.ic3.gov.
Since this type of fraud first became apparent, the TRS
Providers have worked to develop methods to determine which IP Relay
calls are fraudulent, and therefore have been able to prevent many of
these calls from reaching the intended victims. This has been achieved
without negatively impacting legitimate users of the service, according
to the IP Relay providers. However, this is still a concern and
merchants should report any fraudulent activity to the FTC, FBI, or
their state authorities. We encourage vendors that accept orders for
their goods and services by telephone to take steps to ensure that,
when they receive a TRS call, the credit card is valid and the
purchaser is authorized to use the particular credit card, just as they
would do with any other telephone order. We also remind vendors that
Title III of the Americans with Disabilities Act of 1990 (ADA) does not
permit merchants to treat persons with a hearing or speech disability
differently than they treat others. Therefore, if they accept telephone
orders from the general public, they cannot refuse to accept them from
persons with hearing or speech disabilities using TRS.
For more information on the applicability of the ADA in this
context, see generally the United States Department of Justice's ADA
home page, at http://www.usdoj.gov/crt/ada/adahom1.htm or contact the
DOJ ADA Information Line at 800-514-0301 (voice) or 800-514-0663 (TTY).
Federal Communications Commission.
Thomas D. Wyatt,
Deputy Chief, Consumer & Governmental Affairs Bureau.
[FR Doc. 04-15639 Filed 7-8-04; 8:45 am]
BILLING CODE 6712-01-P