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6/17/00 - TDI Urges Full Disclosure on “Calling Party Pays”
FCC Proposals for “Notification, Outreach & Billing” Reviewed

TDI files comments to the Federal Communications Commission to ensure that
deaf, late-deafened, hard-of-hearing, deaf-blind, and other individuals with
disabilities are able to enjoy the full benefits of “Calling Party Pays” (CPP) for
Commercial Mobile Radio Services (“CMRS”). TDI asks that the Commission
must ensure that CMRS providers, as common carriers, comply with the legal
requirement to register with Telecommunications Relay Services (TRS) providers.

TDI agrees wholeheartedly that for CPP to be implemented successfully, a
nationwide notification standard is necessary. Many deaf and hard-of-hearing
individuals currently do not use CMRS due to access issues, and are not aware
of all the costs associated with the use of these services. TDI also agrees with
the proposed content in CPP notification, and emphasizes that per minute charges
are an essential element of any CPP notification standard. Furthermore, the users
of CPP services must be notified what additional charges may apply, such as
“roaming” charges. Additionally, per minute charge information should specify
whether local or long-distance rates apply.

TDI also believes that no end-user of telecommunications services should be
billed for any calls to a party using CMRS services until the entire notification
has been presented and the caller affirmatively accepts responsibility for the
charges in an accessible manner for text-based users. The full content of CPP
notification must be accessible through HCO/VCO, TRS and through TTY-to-TTY
calls to deaf, late-deafened, hard-of-hearing, and deaf blind end-users of CMRS
telecommunications services. Notification through TRS should include a statement
that the caller, responsible for the charges under CPP, shall only be required to
pay for the first call, even if multiple attempts are made to retrieve the necessary
information.

TDI agrees with the Commission that billing inserts should be provided in
telecommunications bill statements that explain the notification standard. In
addition to billing inserts, CMRS providers should be required to post
advertisements and notification statements in national publications.

HCO/VCO users making calls through TRS services, as well as TTY users
who call other TTY users often are not afforded competitive and comparable
per minute rates. CMRS providers must understand that calls made by these
individuals using TTY devices and TRS are longer on average than calls made
by voice telephony users, especially with third party involvement such as TRS.
Therefore, the average cost and expense to users of TTY or TRS is significantly
greater per call than for voice telephony calls made to CMRS. Telecommunications
service rates must be equitable as well as competitive. TDI requests that the
CMRS providers be required to apply a discount for deaf and hard-of-hearing
users for CPPservices accessed through TTY and TRS, similar to discounts
currently available to TTY and TRS users from long distance service providers.
This measure helps ensure that TRS users do not pay greater rates than voice
telephony users, in accordance with the TRS provisions of the Americans with
Disabilities Act.

TDI believes that the resulting increase in CPP calls placed by TTY and TRS
users, and the longer duration of these calls will generate increased revenue
for the CMRS industry and increase the number of deaf and hard-of-hearing
CMRS subscribers.

By: Michael J. Mendelson, Esq. of Swidler, Berlin, Shereff, Friedman, LLP in Washington, D.C.

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