# FCC-08-138: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities (05/28/08): Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/FCC_FCC_08_138

## Section

- **Citation:** FCC-08-138: Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities (05/28/08)
- **Heading:** Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** FCC Declaratory Rulings / Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities

## Text

Federal Communications Commission FCC 08-138
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Telecommunications Relay Services
And Speech-to-Speech Services for
Individuals with Hearing and Speech
Disabilities
)
)
)
)
)
)
CG Docket No. 03-123
DECLARATORY RULING
Adopted: May 28, 2008 Released: May 28, 2008
By the Commission:

I. INTRODUCTION
1. In the 2007 TRS Cost Recovery Declaratory Ruling, the Commission reminded
telecommunications relay service (TRS) providers1 seeking compensation from the Interstate TRS Fund
(Fund) of the prohibition, announced in previous Commission rulings, against offering consumers
financial or other tangible incentives to make relay calls.2 The 2007 TRS Cost Recovery Declaratory
Ruling also called attention to previous instances where the Commission had imposed restrictions on TRS
providers� use of consumer or call databases to contact TRS consumers.3 In order to clarify the scope of
those restrictions, the Commission provided examples, in paragraphs 95 and 96 of the 2007 TRS Cost
Recovery Declaratory Ruling, of certain prohibited uses of consumer or call database information by TRS
providers, including restrictions on the use of such information, among other things, �[to] attempt to �
influence � [consumers�] use of relay service,� or �for lobbying or any other purpose.�4 We continue to

1 TRS, mandated by Title IV of the Americans with Disabilities Act (ADA) of 1990, enables an individual with a
hearing or speech disability to communicate by telephone with a person without such a disability. See 47 U.S.C. �
225; 47 C.F.R. � 64.601 et seq. (implementing regulations). This is accomplished through TRS facilities staffed by
specially trained communications assistants who relay conversations between persons using various types of
assistive communication devices and persons using a standard telephone
ech disability to communicate by telephone with a person without such a disability. See 47 U.S.C. �
225; 47 C.F.R. � 64.601 et seq. (implementing regulations). This is accomplished through TRS facilities staffed by
specially trained communications assistants who relay conversations between persons using various types of
assistive communication devices and persons using a standard telephone. There are presently several forms of TRS,
including Video Relay Service (VRS), IP Relay, and IP captioned telephone service, which are Internet-based
services. See generally Telecommunications Relay Services and Speech-to-Speech Services for Individuals with
Hearing and Speech Disabilities, Report and Order, Order on Reconsideration, and Further Notice of Proposed
Rulemaking, CC Docket Nos. 90-571 & 98-67, CG Docket No. 03-123, 19 FCC Rcd 12475, 12479-86, paras. 3-13
(June 30, 2004) (2004 TRS Report & Order).
2 Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and
Speech Disabilities, CG Docket No. 03-123, Report and Order and Declaratory Ruling, 22 FCC Rcd 20140,
20173-76, paras. 89-96 (Nov. 19, 2007) (2007 TRS Cost Recovery Declaratory Ruling).
3 See, e.g., id., 22 FCC Rcd at 20174, para. 91.
4 Id., 22 FCC Rcd at 20176, paras. 95-96. In paragraphs 95 and 96, the Commission stated, in relevant part, that:
[A]part from attempting to generate additional calls that can be billed to the Fund, providers also may
not use a consumer or call database to contact TRS users for lobbying or any other purpose. The
Commission has made clear � that TRS customer profile information cannot be used for any purpose
other than handling relay calls
raphs 95 and 96, the Commission stated, in relevant part, that:
[A]part from attempting to generate additional calls that can be billed to the Fund, providers also may
not use a consumer or call database to contact TRS users for lobbying or any other purpose. The
Commission has made clear � that TRS customer profile information cannot be used for any purpose
other than handling relay calls. Therefore, for example, a provider may not contact its customers, by
(continued....)
Federal Communications Commission FCC 08-138
2
believe that reasonable restrictions on the use of consumer information are necessary to prevent improper
marketing practices and to ensure that interstate TRS funds are used for their intended purpose. However,
to address concerns that paragraphs 95 and 96 of the 2007 TRS Cost Recovery Declaratory Ruling may be
overly broad, we clarify the language set forth in those paragraphs, as explained more fully below. The
restrictions on provider-consumer contacts, as clarified here, apply to relay providers in connection with
their offering of interstate relay services, including all Internet-based relay calls and any other relay calls
that are compensated by the Fund.5
II. BACKGROUND
2. Title IV of the ADA requires common carriers offering telephone voice transmission
services to also provide TRS throughout the area in which they offer service to ensure that persons with
hearing and speech disabilities have access to the telephone system. As we have explained, Congress, in
enacting Title IV, �place[d] the obligation on carriers providing voice telephone services to also offer
TRS to, in effect, remedy the discriminatory effects of a telephone system inaccessible to persons with
disabilities.�6 To this end, Section 225 is intended to ensure that individuals with hearing or speech
disabilities have access to telephone services that are �functionally equivalent� to those available to
individuals without such disabilities.7
3
ice telephone services to also offer
TRS to, in effect, remedy the discriminatory effects of a telephone system inaccessible to persons with
disabilities.�6 To this end, Section 225 is intended to ensure that individuals with hearing or speech
disabilities have access to telephone services that are �functionally equivalent� to those available to
individuals without such disabilities.7
3. Because the provision of TRS is directed at ensuring that certain persons,
notwithstanding their disabilities, can access the telephone system, Congress mandated that the cost of the
TRS service is not paid by the TRS user.8 The statute and regulations provide that eligible TRS providers
offering interstate services and certain intrastate services will be compensated for their just and
�reasonable� costs of doing so from the Fund.9 Under this mechanism, TRS providers submit to the Fund
administrator on a monthly basis the number of minutes of service they provided of the various forms of
TRS, and the Fund administrator compensates them based on per-minute compensation rates. In addition,

(...continued from previous page)
an automated message, postcards, or otherwise, to inform them about pending TRS compensation
issues and urge them to contact the Commission about the compensation rates. Similarly, as noted
above, a provider may not use call data to monitor the TRS use by its customers (or the customers of
other providers) and to determine whether they are making a sufficient number of calls to warrant
further benefits from the provider
or otherwise, to inform them about pending TRS compensation
issues and urge them to contact the Commission about the compensation rates. Similarly, as noted
above, a provider may not use call data to monitor the TRS use by its customers (or the customers of
other providers) and to determine whether they are making a sufficient number of calls to warrant
further benefits from the provider.
In sum, because the obligation placed on TRS providers is to be available to handle calls consumers
choose to make, when they choose to make them, i.e., to be the �dial tone� for a consumer that uses
relay to call to a voice telephone user, and because consumers do not pay for this service but rather
providers are compensated pursuant to Title IV of the ADA, providers may not offer relay users
financial and similar incentives, directly or indirectly, to use their service. Likewise, they may not
use consumer or call data to contact TRS users or to in any way attempt to affect or influence, directly
or indirectly, their use of relay service.
Id. (internal footnotes omitted).
5 If, in the future, evidence comes to our attention of the misuse of consumer or call database information by
traditional TRS providers, in connection with their offering of intrastate relay services, we may revisit this issue and
consider the adoption of additional restrictions at that time.
6 See, e.g., 2004 TRS Report & Order, 19 FCC Rcd at 12543-45, paras. 179, 182 n.521.
7 See, e.g., 47 U.S.C. � 225(a)(3).
8 See, e.g., 2004 TRS Report & Order, 19 FCC Rcd at 12480-81, para. 4 n.23.
9 See, e.g., 47 C.F.R. � 64.604(c)(5)(iii)(E) (implementing 47 U.S.C. � 225(d)).
Federal Communications Commission FCC 08-138
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consumers using the Internet-based forms of TRS presently do not pay any long distance charges in
connection with a call.10 Therefore, there is no cost to the consumer for placing Internet-based relay calls.
4
Report & Order, 19 FCC Rcd at 12480-81, para. 4 n.23.
9 See, e.g., 47 C.F.R. � 64.604(c)(5)(iii)(E) (implementing 47 U.S.C. � 225(d)).
Federal Communications Commission FCC 08-138
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consumers using the Internet-based forms of TRS presently do not pay any long distance charges in
connection with a call.10 Therefore, there is no cost to the consumer for placing Internet-based relay calls.
4. As explained in the 2007 TRS Cost Recovery Declaratory Ruling, the Commission has
addressed TRS provider marketing and incentive programs directed at generating relay calls.11 First, the
2005 Financial Incentives Declaratory Ruling concluded that �any program that involves the use of any
type of financial incentives to encourage or reward a consumer for placing a TRS call� violates Section
225.12 The item reasoned that �[t]he fact that any TRS reward or incentive program has the effect of
enticing TRS consumers to make TRS calls that they would not otherwise make, which allows the
provider to receive additional payments from the Fund, and results in �payments� to consumers for using
the service, puts such programs in violation of Section 225.�13 The item explained that the obligation
placed on TRS providers is to be available to handle calls consumers choose to make, when they choose
to make them, and that �[b]ecause the Fund, and not the consumer, pays for the cost of the TRS call, such
financial incentives are tantamount to enticing consumers to make calls that they might not ordinarily
make.�14
5
violation of Section 225.�13 The item explained that the obligation
placed on TRS providers is to be available to handle calls consumers choose to make, when they choose
to make them, and that �[b]ecause the Fund, and not the consumer, pays for the cost of the TRS call, such
financial incentives are tantamount to enticing consumers to make calls that they might not ordinarily
make.�14
5. Also in January 2005, the Commission released a Public Notice addressing impermissible
VRS marketing practices.15 This item noted that apparently �some providers use their customer database
to contact prior users of their service and suggest, urge, or tell them to make more VRS calls.�16 The item
concluded that �[t]his marketing practice constitutes an improper use of information obtained from
consumers using the service � and may constitute a fraud on the Interstate TRS Fund because the Fund,
and not the consumer, pays for the cost of the VRS call.�17 The item further stated that �[e]ntities electing
to offer VRS (or other forms of TRS) should not be contacting users of their service and asking or telling
them to make TRS calls,� but rather �must be available to handle the calls that consumers choose to
make.�18
6. In the 2007 TRS Cost Recovery Declaratory Ruling, the Commission expressly
�reaffirm[ed] the 2005 Financial Incentives Declaratory Ruling and the 2005 TRS Marketing Practices
PN, and reiterate[d] that providers seeking compensation from the Fund may not offer consumers
financial or other tangible incentives, either directly or indirectly, to make relay calls.�19 The
Commission also specified in greater detail the nature and types of incentive programs that are

10 See 2004 TRS Report & Order, 19 FCC Rcd at 12524-25, paras. 127-29 & n.364.
11 2007 TRS Cost Recovery Declaratory Ruling, 22 FCC Rcd at 20173-74, paras. 89-91.
12 Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities, CC Docket No
mission also specified in greater detail the nature and types of incentive programs that are

10 See 2004 TRS Report & Order, 19 FCC Rcd at 12524-25, paras. 127-29 & n.364.
11 2007 TRS Cost Recovery Declaratory Ruling, 22 FCC Rcd at 20173-74, paras. 89-91.
12 Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities, CC Docket No. 98-67, CG Docket No. 03-123, Declaratory Ruling, 20 FCC Rcd 1466, para. 1 (Cons.
& Govt. Aff. Bur. Jan. 26, 2005) (2005 Financial Incentives Declaratory Ruling).
13 Id., 20 FCC Rcd at 1469, para. 8.
14 Id. The item added that in these circumstances, �TRS is no longer simply ... [a means] for persons with certain
disabilities [to access the telephone system], but an opportunity for their financial gain.� Id.
15 Federal Communications Commission Clarifies that Certain Telecommunications Relay Services (TRS) Marketing
and Call Handling Practices are Improper and Reminds that Video Relay Service (VRS) May Not be Used as a
Video Remote Interpreting Service, CC Docket No. 98-67, CG Docket No. 03-123, Public Notice, 20 FCC Rcd 1471
(Jan. 26, 2005) (2005 TRS Marketing Practices PN).
16 2005 TRS Marketing Practices PN, 20 FCC Rcd at 1473.
17 Id.
18 Id. The item also �question[ed] whether there are any circumstances in which it is appropriate for a TRS provider
to contact or call a prior user of their service,� given that �the role of the provider is to make available a service to
consumers ... under the ADA when a consumer may choose to use that service.� Id.
19 2007 TRS Cost Recovery Declaratory Ruling, 22 FCC Rcd at 20175, para. 92
8 Id. The item also �question[ed] whether there are any circumstances in which it is appropriate for a TRS provider
to contact or call a prior user of their service,� given that �the role of the provider is to make available a service to
consumers ... under the ADA when a consumer may choose to use that service.� Id.
19 2007 TRS Cost Recovery Declaratory Ruling, 22 FCC Rcd at 20175, para. 92.
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impermissible, clarified that �a financial incentive program is not permissible even in circumstances
where the benefit goes to a third party,� and stated that providers cannot condition the ongoing use or
possession of TRS equipment (or the receipt of upgraded equipment) on a consumer�s call volume.20 The
2007 TRS Cost Recovery Declaratory Ruling also addressed in greater detail providers� use of consumer
or call databases to contact consumers for lobbying or to attempt to influence their use of relay.21
7. Following release of the 2007 TRS Cost Recovery Declaratory Ruling, several TRS
providers, in filings with the Commission, asserted that the restrictions contained in paragraphs 95 and 96
violate the First Amendment rights of TRS providers.22 In January 2008, Sorenson Communications, Inc.
(Sorenson), filed a Petition for Review with the United States Court of Appeals for the Tenth Circuit
seeking judicial review of this language,23 and sought a stay from the Commission pending resolution of
its Petition for Review.24 Among other things, Sorenson contends that the restrictions contained in
paragraphs 95 and 96 are unconstitutionally vague, violate the First Amendment rights of TRS providers,
and are procedurally deficient under the Administrative Procedure Act.25 In order to give the
Commission sufficient time to consider the arguments presented by Sorenson and others, the
Commission�s Consumer & Governmental Affairs Bureau (CGB) issued an order on February 7, 2008,
granting a 90-day stay of paragraphs 95 and 96.26 The stay granted by tha
rst Amendment rights of TRS providers,
and are procedurally deficient under the Administrative Procedure Act.25 In order to give the
Commission sufficient time to consider the arguments presented by Sorenson and others, the
Commission�s Consumer & Governmental Affairs Bureau (CGB) issued an order on February 7, 2008,
granting a 90-day stay of paragraphs 95 and 96.26 The stay granted by that order was set to expire after
May 7, 2008, but was subsequently extended until May 28, 2008.27
III. DISCUSSION
8. We believe that reasonable restrictions on the use of consumer information are necessary
to prevent improper marketing practices and to ensure that interstate TRS funds are used for their
intended purpose. However, to address concerns that the restrictions set forth in paragraphs 95 and 96 of
the 2007 TRS Cost Recovery Declaratory Ruling may be overly broad and may have the unintended effect
of preventing TRS providers from communicating important information, including critical public safety
information, to TRS users relating to the handling of relay calls,28 we clarify the restrictions in those

20 Id. at 20175, paras. 92-94.
21 Id. at 20176, paras. 95-96; see supra note 4.
22 Letter from George L. Lyon, Jr., Hands On Video Relay Services, Inc., to Marlene H. Dortch, FCC, dated
December 12, 2007 (Hands On Ex Parte); Letter from Michael B. Fingerhut, Sprint Nextel Corporation, to Marlene
H. Dortch, FCC, dated December 14, 2007 (Sprint Ex Parte); Letter from Toni Acton, AT&T, Deb MacLean,
Communication Access Center for the Deaf and Hard of Hearing, Inc., Sean Belanger, CSDVRS, LLC, Mark Stern,
GoAmerica, Inc., Kelby Brick, Hands On Video Relay Services, Inc., Jeff Rosen, Snap Telecommunications, Inc.,
Michael D. Maddix, Sorenson Communications, Inc., Michael B. Fingerhut, Sprint Nextel Corporation, and Carla
Mathers, Viable, Inc., to Marlene H. Dortch, FCC, dated January 11, 2008 (Coalition Ex Parte).
23 Sorenson Communications v. FCC, Petition for Review, Nos
S, LLC, Mark Stern,
GoAmerica, Inc., Kelby Brick, Hands On Video Relay Services, Inc., Jeff Rosen, Snap Telecommunications, Inc.,
Michael D. Maddix, Sorenson Communications, Inc., Michael B. Fingerhut, Sprint Nextel Corporation, and Carla
Mathers, Viable, Inc., to Marlene H. Dortch, FCC, dated January 11, 2008 (Coalition Ex Parte).
23 Sorenson Communications v. FCC, Petition for Review, Nos. 08-9503 & 08-9507 (10th Cir., filed Jan. 16, 2008
(08-9503) and Jan. 23, 2008 (08-9507)) (Sorenson Petition for Review).
24 Sorenson, Request for Stay Pending Judicial Review, CG Docket No. 03-123 (filed Jan. 28, 2008) (Sorenson Stay
Request).
25 See generally Sorenson Stay Request.
26 Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities, Request for Stay Pending Judicial Review, CG Docket No. 03-123, Order, 23 FCC Rcd 1705 (CGB
Feb. 7, 2008).
27Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech
Disabilities, Request for Stay Pending Judicial Review, CG Docket No. 03-123, Order, DA 08-1079 (CGB rel. May
6, 2008).
28 Coalition Ex Parte at 1-2.
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paragraphs. We also provide examples of the circumstances in which providers may use consumer or call
databases to contact relay users.
9. First, we clarify that the language in paragraphs 95 and 96 restricting the use of consumer
information �for any � purpose,� does not prohibit contacts by TRS providers with TRS users that are
directly related to the handling of TRS calls
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paragraphs. We also provide examples of the circumstances in which providers may use consumer or call
databases to contact relay users.
9. First, we clarify that the language in paragraphs 95 and 96 restricting the use of consumer
information �for any � purpose,� does not prohibit contacts by TRS providers with TRS users that are
directly related to the handling of TRS calls. Consistent with the Commission�s TRS rules and orders,
providers may use information derived from a consumer or call database established in conjunction with
Section 225 to contact users as long as it is for purposes related to the handling of relay calls.29
Therefore, for example, a provider reasonably could directly contact relay users (using such customer
information) in order to inform users of a service outage, respond to a consumer�s call for emergency
services, assist in the delivery of emergency services, and provide technical support for TRS products or
services used by the consumer.30 Providers also may use such customer data, for example, to comply
with a federal statute, a Commission rule or order, a court order, �or other lawful authority.�31 We
emphasize that any such direct contacts with relay users must be informational in nature and must relate
to the provision of, or the consumer�s use of, TRS.32 On the other hand, providers may not contact
consumers and offer financial or other incentives to generate additional or longer calls that can be billed
to the Fund because such contacts are not directly related to the purpose of handling relay calls. We may

29 See, e.g., Telecommunications Relay Services and Speech-to-Speech Service for Individuals with Hearing and
Speech Disabilities, CC Docket No. 98-67, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC
Rcd 5140, 5175, para. 83 (March 6, 2000) (stating that providers may not use such data �for any purpose other than
the provision of TRS�)
f handling relay calls. We may

29 See, e.g., Telecommunications Relay Services and Speech-to-Speech Service for Individuals with Hearing and
Speech Disabilities, CC Docket No. 98-67, Report and Order and Further Notice of Proposed Rulemaking, 15 FCC
Rcd 5140, 5175, para. 83 (March 6, 2000) (stating that providers may not use such data �for any purpose other than
the provision of TRS�). We have received a significant amount of confidential, anecdotal, or other evidence
(including copies of mailings from VRS providers to consumers) indicating that some providers contact consumers
to alert them to matters unrelated to the actual handling of relay calls. See, e.g., infra note 33.
30 Under this Declaratory Ruling, Snap!VRS reasonably could contact users, as it reportedly did in January 2008, to
inform them of a service outage. See Email from Snap!VRS Customer Service to Snap!VRS Customer (embedded
in email from Jeff Rosen, Snap!VRS, to FCC Staff (dated Jan. 30, 2008)). On the contrary, correspondence, such as
that reportedly sent by Snap!VRS to VRS users recently discussing a payment dispute between Snap!VRS and a
particular video phone manufacturer, would not be considered related to the actual handling of relay calls and
therefore, upon the effective date of this Declaratory Ruling, could not be sent directly to VRS users. See Ex parte
letter from Edward Bosson, Consumer, to FCC staff (dated Feb. 29, 2008) (attaching Letter from Richard
Schatzberg, CEO, Snap!VRS to Snap!VRS Customers, dated Feb. 6, 2008).
31 Coalition Ex Parte at 1-2. We do not address the request in the Coalition Ex Parte that we explicitly allow the
disclosure of user-specific information to third parties designated by the user and information to protect TRS users
from fraudulent, abusive or unlawful use of TRS. Id. at 2
(attaching Letter from Richard
Schatzberg, CEO, Snap!VRS to Snap!VRS Customers, dated Feb. 6, 2008).
31 Coalition Ex Parte at 1-2. We do not address the request in the Coalition Ex Parte that we explicitly allow the
disclosure of user-specific information to third parties designated by the user and information to protect TRS users
from fraudulent, abusive or unlawful use of TRS. Id. at 2. We believe this issue would be better addressed in the
context of the Commission�s consideration of whether, and if so, how to extend customer proprietary network
information (CPNI) requirements to TRS providers. See Telecommunications Relay Services And Speech-To-Speech
Services For Individuals With Hearing And Speech Disabilities, E911 Requirements For IP-Enabled Service
Providers, CG 03-123, WC 05-196, Report and Order, 23 FCC Rcd 5255 (Mar. 19, 2008) (Interim Emergency Call
Handling Order); Consumer & Governmental Affairs Bureau Seeks to Refresh Record on Assigning Internet
Protocol (IP)-Based Telecommunications Relay Service (TRS) Users Ten-Digit Telephone Numbers Linked to North
American Numbering Plan (NANP) and Related Issues, CG Docket No. 03-123, Public Notice, 23 FCC Rcd 4727
(Mar. 19, 2008) (IP-Based Relay Numbering PN) (seeking to refresh the record on the proposed establishment of a
global database of proxy telephone numbers for Internet-based TRS users and on consumer protection issues related
to numbering, including the application of CPNI requirements).
32 In a Letter from Claude L. Stout, Executive Director, Telecommunications for the Deaf and Hard of Hearing, Inc.,
to Marlene H. Dortch, FCC, dated May 21, 2008 (incorporating a May 20, 2008 e-mail submitted on behalf of the
Deaf and Hard of Hearing Consumer Advocacy Network) (Consumer Ex Parte), consumer advocates asked the
Commission to ensure that consumers be asked by providers to opt-in to receiving marketing and promotional
materials before receiving such information directly from providers
Inc.,
to Marlene H. Dortch, FCC, dated May 21, 2008 (incorporating a May 20, 2008 e-mail submitted on behalf of the
Deaf and Hard of Hearing Consumer Advocacy Network) (Consumer Ex Parte), consumer advocates asked the
Commission to ensure that consumers be asked by providers to opt-in to receiving marketing and promotional
materials before receiving such information directly from providers. We do not address the request in the Consumer
Ex Parte; rather, we believe this issue would be better addressed in the context of the Commission's consideration of
whether, and if so, how to extend CPNI requirements to TRS providers. See Interim Emergency Call Handling
Order; IP-Based Relay Numbering PN.
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revisit these determinations if specific facts are brought to our attention suggesting an abuse of this
proviso.
10. Second, we clarify that providers may not use customer information obtained through the
provision of federally-funded relay services, or use funds obtained from the Interstate TRS Fund, to
engage in lobbying or advocacy activities directed at relay users. Evidence in the record shows that at
least one service provider has bombarded deaf persons with material seeking to persuade them to support
the provider�s position on matters pending before the FCC.33 We find that using revenue from the TRS
Fund, or information obtained from end users in the provision of services supported by the TRS Fund, to
engage in that kind of advocacy is inconsistent with the purpose of the TRS Fund.
11. These restrictions do not run afoul of the First Amendment. In the context of a federally
subsidized program, like the TRS Fund, the government �may certainly insist that these �public funds be
spent for the purposes for which they were authorized.��34 The TRS Fund is designed to ensure that
persons with hearing and speech disabilities have access to the telephone system
he TRS Fund.
11. These restrictions do not run afoul of the First Amendment. In the context of a federally
subsidized program, like the TRS Fund, the government �may certainly insist that these �public funds be
spent for the purposes for which they were authorized.��34 The TRS Fund is designed to ensure that
persons with hearing and speech disabilities have access to the telephone system. It was not intended to
finance lobbying by TRS providers directed at end users. The Commission is under no obligation �to
fund such activities out of the public fisc.�35 We find that, for the same reasons, it is reasonable to restrict
the use of customer information acquired in the provision of federally subsidized TRS services. A
consumer or call database that a service provider develops and maintains through participation in the TRS
program is inextricably tied to that federally funded program. Consequently, it is permissible to prohibit
the use of that database for purposes unrelated to the handling of relay calls,36 such as lobbying end users
to support a service provider�s position before the Commission.
12. We emphasize that nothing we do here would prevent a provider from using information
and funds from other sources to engage in lawful lobbying or advocacy activities. Thus, this is not an
�unconstitutional conditions� case in which the government �effectively prohibit[ed] the recipient from
engaging in the protected conduct outside the scope of the federally funded program.�37 TRS providers
are free to use those resources outside the scope of the TRS program to support their positions before the
Commission.
13. Finally, we reiterate that a relay provider may not use TRS consumer or call data, or
similar, privately obtained information, to contact a relay user in an attempt to increase, directly or
indirectly, the number or length of relay calls the user otherwise may choose to make via that provider
ources outside the scope of the TRS program to support their positions before the
Commission.
13. Finally, we reiterate that a relay provider may not use TRS consumer or call data, or
similar, privately obtained information, to contact a relay user in an attempt to increase, directly or
indirectly, the number or length of relay calls the user otherwise may choose to make via that provider. In
this instance, because the practice itself (i.e., offering users financial or similar incentives to generate
additional or longer calls that can be billed to the Fund) is prohibited by the Commission,
communications with relay users in furtherance of this practice are likewise prohibited, no matter the

33 See, e.g., Ex parte letter from Jon Ziev, consumer, to Kevin Martin, FCC (dated Feb. 4, 2008) (complaining that
deaf persons are being subjected to a �virtual bombardment of lobbying material�).
34 United States v. American Library Ass�n, 539 U.S. 194, 212 (2003) (quoting Rust v. Sullivan, 500 U.S. 173, 196
(1991)).
35 Rust, 500 U.S. at 198.
36 See supra para. 9.
37 Rust, 500 U.S. at 197; see also Regan v. Taxation With Representation of Washington, 461 U.S. 540, 544-46
(1983) (holding that tax exemption for non-profit groups that do not engage in lobbying did not violate First
Amendment; and noting that a group could qualify for the tax exemption by adopting a �dual structure,� with one
arm for non-lobbying activities and another for lobbying); DKT Int�l, Inc. v. United States Agency for Int�l
Development, 477 F.3d 758 (D.C Cir. 2007) (rejecting First Amendment challenge to requirement that recipients of
funds from AIDS/HIV education program adopt policy of opposition to prostitution and sexual trafficking, and
noting that recipients could remain neutral by setting up a subsidiary that would receive the funds and adopt the
policy).
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source of the consumer or call data
7) (rejecting First Amendment challenge to requirement that recipients of
funds from AIDS/HIV education program adopt policy of opposition to prostitution and sexual trafficking, and
noting that recipients could remain neutral by setting up a subsidiary that would receive the funds and adopt the
policy).
Federal Communications Commission FCC 08-138
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source of the consumer or call data. Because the obligation placed on relay providers is to be available to
handle calls consumers choose to make, when they choose to make them, i.e., to be the �dial tone� for a
consumer that uses relay to call a voice telephone user, and because consumers do not pay for this service
but rather providers are compensated pursuant to Title IV of the ADA, we find that these restrictions are
necessary to prevent providers from improperly urging consumers to make unnecessary relay calls, and
therefore to ensuring that interstate TRS funds are used for their intended purpose. By highlighting
examples of both permissible and prohibited uses of consumer or call database information above, we
seek to ensure that Interstate TRS funds are not used for activities that are outside the scope of, or
incompatible with the purposes of, the Interstate TRS Fund, as defined by Congress.
14. We note that the restrictions on provider-consumer contacts, as clarified here, apply to
relay providers in connection with their offering of interstate relay services, including all Internet-based
relay calls and any other relay calls that are compensated by the Interstate TRS Fund. As noted above,
however, if, in the future, evidence comes to our attention of the misuse of consumer or call database
information by traditional TRS providers, in connection with their offering of intrastate relay services, we
may revisit this issue and consider the adoption of additional restrictions at that time.
IV. CONCLUSION
15
ls that are compensated by the Interstate TRS Fund. As noted above,
however, if, in the future, evidence comes to our attention of the misuse of consumer or call database
information by traditional TRS providers, in connection with their offering of intrastate relay services, we
may revisit this issue and consider the adoption of additional restrictions at that time.
IV. CONCLUSION
15. We find that the clarifications set forth above will help ensure that the limits of the
federal TRS program are observed, without placing undue restrictions on provider-user communications.
In particular, by prohibiting the use of consumer or call database information that is obtained through the
provision of federally funded relay services, and the use of funds obtained from the Interstate TRS Fund
for purposes unrelated to the handling of relay calls, we conclude that the restrictions on provider-user
communications, as clarified herein, will better serve the goals of the Interstate TRS Fund without
interfering with day-to-day contacts between providers and consumers that are necessary to the proper
handling of relay calls.
V. PROCEDURAL MATTERS
16. Paperwork Reduction Act. This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
addition, therefore, it does not contain any new or modified �information collection burden for small
business concerns with fewer than 25 employees,� pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. � 3506(c)(4).
17. Congressional Review Act. The Commission will not send a copy of the Declaratory
Ruling pursuant to the Congressional Review Act, see 5 U.S.C. � 801(a)(1)(A) because the adopted rules
are rules of particular applicability.
18. Materials in Accessible Formats
than 25 employees,� pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198, see 44 U.S.C. � 3506(c)(4).
17. Congressional Review Act. The Commission will not send a copy of the Declaratory
Ruling pursuant to the Congressional Review Act, see 5 U.S.C. � 801(a)(1)(A) because the adopted rules
are rules of particular applicability.
18. Materials in Accessible Formats. To request materials in accessible formats (such as
braille, large print, electronic files, or audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). This
Declaratory Ruling can also be downloaded in Word and Portable Document Formats (PDF) at
http://www.fcc.gov/cgb/dro/trs.html#orders.
VI. ORDERING CLAUSES
19. Accordingly, IT IS ORDERED that, pursuant to the authority contained in Sections 1, 2,
and 225 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 152, and 225, this
Declaratory Ruling IS hereby ADOPTED.
Federal Communications Commission FCC 08-138
8
20. IT IS FURTHER ORDERED that this Declaratory Ruling shall become effective upon
release.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FCC_FCC_08_138. Check the current official text before relying on it. Not legal advice.