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DDAVR Request the BEST!

Via ECFS and Overnight Delivery

September 2, 2011

Ms. Marlene H. Dortch Secretary Federal Communications Commission 9300 E. Hampton Drive Capitol Heights, MD 20743-3813

RE: In the Matter of CODA VRS Corporation Internet-based TRS Certification Application of CODA VRS Corporation, CG Docket No. 10-51

Dear Secretary Dortch:

CODA VRS Corporation ("CODA"), pursuant to Section 64.606(a)(2) of the Commission's rules, as amended, submits the attached confidential version of the Internet-based TRS Certification Application O/CODA VRS Corporation ("Application"), in the above-referenced matter. By its Application, CODA conclusively demonstrates that it meets - or exceeds - the entirety of the Commission's Mandatory Minimum Standards, waived Mandatory Minimum Standards, and Commission Orders and policies governing the provision of federal Telecommunications Relay Service Fund-compensable video relay services and Internet Protocol-Relay services, as amended. CODA respectfully requests that its Application be granted on or before October 1, 2011 to ensure a seamless continuation of CODA's services to the public. A redacted Public copy has been filed via the Commission's Electronic Comment Filing System.

In the interest of time, and in consideration of CODA's desire to serve its subscribers without interruption, CODA further requests that should the Commission deem Section 64.606 of the Commission's rules, as amended, to not be effective upon receipt of the instant Application, that the Commission hold CODA's Application in abeyance until the amended provisions in Section 64.606 are deemed effective.

[email protected] • v: 877-818-0011 • VP: CALLCODAVRS.COM • WWW.CALLCODAVRS.NET

Via Overnight Delivery

September 6, 2011

Ms. Marlene H. Dortch Secretary Federal Communications Commission 9300 E. Hampton Drive Capitol Heights, MD 20743-3813

RE: In the Matter of Structure and Practices of the Video Relay Service Program, CG Docket No. 10-51

Dear Secretary Dortch:

CODA VRS Corporation this morning filed with the Commission a confidential version of the Internetbased TRS Certification Application Of CODA VRS Corporation ("Application"). The Company's Application was inadvertently filed in CG Docket No. 03-123. CODA VRS Corporation has since learned that the Application should have been filed in CG Docket No. 10-51. CODA VRS Corporation

respectfully requests that the Company's Application be now be submitted in CG Docket No. 10-51, and has amended original transmittal letter, title page, and listing of exhibits, accordingly, for incorporation into the Application, accordingly.

Thank you for your attention to this matter. We regret any inconvenience. Questions may be addressed to the undersigned.

Sincerely,

~co

Carol Halley President and Chief Executive Officer

Enclosures

[email protected] • v: 877-818-00 II • VP: CALLCODAVRS.COM • WWW.CALLCODAVRS.NET

Ms. Marlene H. Dortch September 2, 2011 Page 2

Request for Confidential Treatment. Pursuant to Section 0.459 of the Commission's rules/ CODA respectfully requests that documents supporting the Application, Exhibits A, B, and C, E, H, and I be deemed confidential and protected, accordingly. In support of its request, CODA states as follows. These documents constitute "trade secrets" as set forth in Section 0.457 of the

Commission's rules/ in that the documents contain sensitive proprietary information including, but not limited to, highly confidential leases and technology descriptions. These documents reveal sensitive company operations and scope that would be useful to competitors. Further, these documents contain highly confidential personal information not intended for public

consumption. CODA would not otherwise make these documents publica1ly available under any

circumstance. Release of these data to the public could cause CODA irreparable and inestimable

harm.

Please acknowledge receipt of this filing by date stamping and returning the additional copy of this transmittal letter in the self-addressed, postage-paid envelope enclosed for this purpose. Thank: you for your attention to this matter. Questions may be directed to the undersigned.

Sincerely,

CODA VRS Corporation

C~~ Carol Halley President and Chief Executive Officer

Enclosure

cc: Ms. Karen Peltz Strauss (via electronic delivery, [email protected]) Mr. Mark Stone (via electronic delivery, [email protected]) Mr. Greg Hlibok (via electronic delivery, [email protected])

147. C.F.R §0.459.

247 C.F.R. §0.457.

Before the Federal Communications Commission

Washington, D.C. 20554

In the Matter of ) )

Structure and Practices of the Video Relay Service ) Program )

)

CG Docket No. 10-51

Internet-based TRS Certification Application

September 2, 2011

Of CODA VRS Corporation

Ms. Carol Halley President and Chief Executive Officer CODA VRS Corporation 16973 Covina Road Bend, Oregon 97707 Telephone: 541.350.6702

Public Inspection Copy

SUMMARY

CODA VRS Corporation ("CODA," "Company," or "Applicant"), pursuant to, to Section

64.606(a)(2) of the Commission's rules,3 as amended, hereby submits its Application to the

Federal Communications Commission ("FCC" or "Commission") for certification that CODA is

eligible to receive reimbursement directly from the federal Telecommunications Relay Service

("TRS") Fund ("Fund") as a provider of Internet-based Video Relay Service ("VRS") and

Internet Protocol Relay Services. CODA is a Children of Deaf Adults ("CODA") - owned VRS

provider. The Company has provided VRS as a subcontracting provider of a Fund eligible

certificated provider since its inception in early 2010. Through this time, the Company has

developed a strong loyal following of subscribers, and has perfected its operations for the

provision of reliable, responsible, and compliant VRS to the Public. CODA now seeks to

provide VRS and IP-Relay to the Public as a Fund eligible certificated provider.

By its Application, supporting documentation, and officer certifications and assertions

made under penalty of perjury, CODA maintains that it meets or exceeds the Mandatory

Minimum Standards, pursuant to Section 64.604 of the Commission's rules,4 complies with other

applicable Commission regulations, Commission orders, and policies, and warrants a

Commission grant of certification to provide compensable VRS and IP Relay to the Public as a

Fund eligible certificated provider. CODA seeks certification on or before October 1,2011 to

provide seamless VRS to its subscribers and the Public.

3 47 C.F.R. §64.606(a)(2).

447 C.F.R. §64.604.


TABLE OF CONTENTS

I. INTRODUCTION ................................................................................. 2

I. NARRATIVE AND DOCUMENTATION DEMONSTRATING COMPLIANCE WITH THE INTERNET-BASED TRS PROVIDER AND TRS PROGRAM CERTIFICATION REQUIREMENTS(47 C.F.R. §64.606(A)(2)... ... ...... ...... ...... 4

ID. MANDATORY MINIMUM STANDARDS COMPLIANCE (47 C.F.R. §64.606(a)(2)(ii» ... ......... .... ............ ........ ...... ....................................... 11

IV. COMPLIANCE WITH THE WAIVED MANDITORY MINIMUM STANDARDS FOR THE PROVISION OF FEDERALLY-FUNDED VRS (47 C.F.R. §64.606(a)(2)(ii» ............................... ......... ............ ..... ... ......... ...... ...... 42

V. ADDITIONAL COMPLIANCE REQUIREMENTS............... ...... ........... ..... 44

VI. PUBLIC INTEREST SHOWING ............................................................ 44

VII. CONCLUSION .................................................................................... 45


Washington, DC 20554

In the matter of ) )

Telecommunications Relay Services and ) Speech-to-Speech Services for )


Individuals with Hearing and ) CG Docket No. 03- 123 Speech Disabilities )

)

To: Chief, Consumer and Governmental Affairs Bureau, TRS Certification Program, Washington, DC 20554

Internet-based TRS Certification AppHcation Of CODA VRS Corporation

CODA VRS Corporation ("CODA," "Company," or "Applicant"), pursuant to, to Section

64.606(a)(2) of the Commission's rules,s as amended, hereby submits its Application to the

Federal Communications Commission ("FCC" or "Commission") for certification that CODA is

eligible to receive reimbursement directly from the federal Telecommunications Relay Service

("TRS") Fund ("Fund") as a provider of Internet-based Video Relay Service ("VRS") and IP-

Relay services.6

By its Application, CODA demonstrates that it meets or exceeds the entirety of the

Commission's Mandatory Minimum Standards ("MMS") for VRS and IP-Relay services

pursuant to Sections 64.604,7 as amended,8 other applicable Commission regulations principally

547 C.F.R. §64.606(a)(2).

6 See 47 C.F.R, § 64.606; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, Report and Order and Order on Reconsideration. 20 FCC Red. 20577 (December 12, 2005).

747 C.F.R. §64.604.

1


including Sections 64.605,9 and 64.606,10 as amended,l1 applicable Commission orders, and

waived MMS for the provision of Fund-compensable VRS, and respectfully requests that it be

certified as a Fund eligible VRS provider. In support of its Application, CODA states as follows.

I. INTRODUCTION

CODA is a Children of Deaf Adults - owned VRS provider. CODA was organized under

the laws of the State of Oregon on March 2, 2010. The Company has provided VRS as a

subcontracting provider of a Fund eligible certificated provider since its inception. Through this

time, the Company has developed a strong loyal following of subscribers, and has perfected its

operations for the provision of reliable, responsible, and compliant VRS to the Public. CODA

now seeks to provide VRS and IP-Relay to the Public as a Fund eligible certificated provider.

CODA has provided VRS to the Deaf and Hard Of Hearing communities through

communications assistants ("CAs") who are not only native signers and translators, but who have

been immersed in both cultures from an early age. CODA's rigorous training, and scrutiny of

CA employee candidate ensures that the Public may have complete confidence in CODA's

ability and expertise to serve, while providing a quality calling experience. CODA's CAs are

held to a strict code of conduct and the Company's dedication to service of the Deaf and Hard of

Hearing communities is a fundamental CODA value and absolute priority.

8 Structure and Practices of the Video Relay Service Program, Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Red 5545 (2011) (VRS Practices R&O).

947. C.F.R. §64.605.

10 47 C.F.R. §64.606.

II Structure and Practices of the Video Relay Service Program, Second Report and Order, 76 FCC Red 47469 (2011)(VRS Practices Second R&O).

2


CODA officers maintain direct contact with CAs and operations managers to ensure our

ethical standards are upheld in their entirety. CODA enforces its obligations and policies with a

team of skilled individuals who verify the provision of compliant service. Additionally, CODA

supports, and has adopted, a whistleblower policy that encourages anyone who detects or

suspects any impropriety to proceed directly to the Commission and to file any necessary

complaint regarding such violation, as discussed below.

CODA is privileged to serve the Deaf and Hard of Hearing and takes its role seriously.

CODA's goals are to provide essential daily communications for subscribers. To honor this,

CODA provides services that allow customers interoperability, exceptional customer service,

ethical treatment, integrity, and reliability. The Company has an excellent record of providing

essential services supported by satisfied customer testimonials attesting to this fact. CODA is

committed to the highest standards of ethics, service, and honesty.

In order to become a Fund eligible certificated provider, CODA now submits its

Application to demonstrate that it complies with the entirety of the Commission's requirements

for provision ofVRS and IP-Relay as a Fund eligible certificated provider and should be granted

certification. On May 23, 2011, CODA submitted a Petition for Waiver12 of

64.604(c)(5)(iii)(N)(1)(iii) of the Commission's rules. CODA's application included

documentation demonstrating compliance with salient amended Mandatory Minimum Standards

and then proposed certification rules that have since been adopted under the Commission's VRS

Practices Second R&D.

12 In the Matter of Structure and Practices of the Video Relay, Service Program, CG Docket No. 10-51, CODA VRS Corporation Petition for Waiver (May 23,2011), dismissed as moot. See In the Matter of Structure and Practices of the Video Relay, Service Program, CG Docket No. 10-51, Order Suspending Effective Date, para. 8 (May 31, 2011).

3


Following release of the Commission's VRS Practices Second R&O, CODA now submits

this Application pursuant to the Commission's amended certification rules in Section 64.606. In

addition to demonstrating its strict compliance with applicable regulations, CODA further

maintains that the public interest is served by granting CODA's Application.

As described below, CODA demonstrates that it meets all of the MMS, as amended,

waived MMS applicable Commission regulations, and applicable Commission orders for

certification as a Fund eligible VRS and IP Relay provider and respectfully requests that the

Commission grant the requested certification to become effective on or before October 1, 2011

to ensure the seamless provision of service to the Public.

ll. NARRATIVE AND DOCUMENTATION DEMONSTRATING COMPLIANCE WITH TIlE INTERNET-BASED TRS PROVIDER AND TRS PROGRAM CERTIFICATION REQUIREMENTS (47 C.F.R. §64.606(a)(2); §64.606(a)(1) IS

inapplicable)

A. A description of the forms of Internet-based TRS to be provided (i.e., VRS, IP Relay, and/or IP captioned telephone relay service) (47 C.F.R. §64.606(a)(2)(i))

CODA seeks certification as a Fund eligible provider of Internet-based VRS and IP-

Relay Services to the Public. CODA does not intend to provide Fund-compensable

telecommunications relay services, or IP Captioned Telephone Services ("IP CTS"). CODA

operates twenty-four hours a day, seven days a week and three hundred sixty-five days per year.

CODA's Internet-based VRS and IP-Relay is available to any Deaf or Hard-of-Hearing caller

with a high-speed Internet connection, and a videophone device or a personal computer with

webcam. CODA's platform is also compatible with many mobile applications available today,

as discussed further in Exhibit B.

4


B. A detailed description of how the applicant will meet all non-waived mandatory minimum standards applicable to each form of TRS offered, including documentary and other evidence, and in the case of VRS, such documentary and other evidence shall demonstrate that the applicant leases, licenses or has acquired its own facilities and operates such facilities associated with TRS call centers and employs communications assistants, on a full or part-time basis, to staff such call centers at the date of the application. Such evidence shall include, but not be limited to: (A) In the case ofVRS applicants or providers, (47 C.F.R. §64.606(a)(2)(ii)(A))13

1. Operating rIVe or fewer call centers within the United States, a copy of each deed or lease for each call center operated by the applicant within the United States (47 C.F.R. §64.606(aX2)(ii)(A)(I));

A copy of each lease for each of the two call centers operated by CODA is attached as

confidential Exhibit A.

2. Operating more than rIVe call centers within the United States, a copy of each deed or lease for a representative sampling (taking into account size (by number of communications assistants) and location) of five call centers operated by the applicant within the United States, together with a list of all other call centers that they 0Ferate that includes the information required under §64.604(c)(5)(iii)(N)(2)1 (47 C.F.R. §64.606(a)(2)(ii)(A)(2));;

Inapplicable. CODA currently maintains two call centers.

3. Operating call centers outside of the United States, a copy of each deed or lease for each call center operated by the applicant outside of the United States (47 C.F.R. §64.606(a)(2)(iiXA)(3));

Inapplicable. CODA's call centers are located in the U.S.

13 Applicant's compliance with the Mandatory Minimum Standards pursuant to 47 C.F.R §64.606(aX2Xii) is set forth in Section ill, infra.

14 "Call center reports. VRS providers shall file a written report with the Commission and the TRS Fund administrator, on Aprill and October 1 of each year for each call center that handles VRS calls that the provider owns or controls, including centers located outside of the United States, that includes: (a) the complete street address of the center; (b) the number of individual CAs and CA managers; and (c) the name and contact information (phone number and email address) of the manager(s) at the center. VRS providers shall also file written notification with the Commission and the TRS Fund administrator of any change in a center's location, including the opening, closing, or relocation of any center, at least 30 days prior to any such change."

5


4. A description of the technology and equipment used to support their call center functions - including, but not limited to, automatic call distribution, routing, call setup, mapping, call features, billing for compensation from the TRS Fund, and registration - and for each core call center function, a statement whether such technology and equipment is owned, leased or licensed (and from whom if leased or licensed) (47 C.F.R. §64.606(a)(2)(ii)(AX4)); and

A description of the technology and equipment used to support CODA's call center

functions - including, but not limited to, automatic call distribution, routing, call setup, mapping,

call features, billing for compensation from the TRS Fund, and registration is attached as

confidential Exhibit B. CODA has licensed its VRS platform from [REDACTED], a platform

manufacturer unaffiliated with any relay services provider.

5. Proofs of purchase, leases or license agreements for all technology and equipment used to support their call center functions, including a complete copy of any lease or license agreement for automatic call distribution. (47 C.F.R. §64.606(a)(2)(ii)(A)(5));

Proofs of purchase, leases or license agreements for all technology and equipment used to

support CODA's call center functions, including a complete copy of its lease agreement for

automatic call distribution is attached as confidential Exhibit C.

C. For all applicants, a list of individuals or entities that hold at least a 10 percent equity interest in the applicant, have the power to vote 10 percent or more of the securities of the applicant, or exercise de jure or de facto control over the applicant, a description of the applicant's organizational structure, and the names of its executives, officers, members of its board of directors, general partners (in the case of a partnership), and managing members (in the case of a limited liability company) (47 C.F.R. §64.606(a)(2)(ii)(B));

CODA is a subchapter "s" corporation organized under the laws of the State of Oregon.

CODA's sole joint and equal owners are the following individuals who serve in the capacity of

company officers, executives, and board of directors:

6


Carol L. Halley-CEOlPresident

Jason D. Halley-CFONice President

D. For all applicants, a list of the number of applicant's full-time and part-time employees involved in TRS operations, including and divided by the following positions: executives and officers; video phone installers (in the case of VRS), communications assistants, and persons involved in marketing and sponsorship activities (47 C.F.R §64.606(a)(2)(ii)(C»;

CODA currently employs [REDACTED] full-time, and [REDACTED] part-time

employees in the following categories:

Executives and Officers - [REDACTED] Video Phone Installers - [REDACTED] Communications Assistants - [REDACTED] Employees involved in marketing and sponsorship activities - there are no employees designated solely for marketing and/or sponsorship activities. The Company's existing employees assist in these functions.

E. For all applicants, copies of employment agreements for all of the provider's employees directly involved in TRS operations, executives, and communications assistants, and a list of names of employees directly involved in TRS operations, need not be submitted with the application, but must be retained by the applicant for five years from the date of application, and submitted to the Commission upon request (47 C.F.R §64.606(a)(2)(ii)(D»; and

CODA affirmatively acknowledges its obligation to maintain, and maintains, copies of

employment agreements for all employees directly involved in TRS operations, executives, and

communications assistants, and a list of names of employees directly involved in TRS

operations. CODA also maintains copies of employment agreements not directly involved in

TRS operations. Further, CODA avers to retain copies of all employment agreements for a

minimum period of five years from the date of its Application, and is prepared to provide copies

of employment agreements and a list of all employees to the Commission upon request.

7


F. For aU applicants, a list of aU sponsorship arrangements relating to Internet-based TRS, including any associated written agreements (47 C.F.R §64.606(a)(2)(ii)(E»:

CODA does not maintain on going sponsorship, and maintains no sponsorship

arrangements, accordingly.

1. A description of the provider's complaint procedures. (47 C.F.R §64.606(a)(2)(iii»:

Subscribers and members of the Public may lodge complaints with CODA through

several media. CODA VRS customers may file complaints electronically through email,

telephone, fax, videophone, and via the Company's website location, www.callcodavrs.net.

2. A statement that the provider will me annual compliance reports demonstrating continued compliance with these rules. (47 C.F.R §64.606( a)(2)(iv»:

CODA avers that it will file annual compliance reports demonstrating continued

compliance with Commission rules. A statement of compliance attested to under penalty of

peJjury by CODA's Chief Executive Officer is attached as Exhibit D.

G. Assessment of Internet-Based Provider Certification Application (47 C.F.R §64.606(a)(3»

CODA affirmatively acknowledges that pursuant to Section 64.606(a)(3),t5

In order to assess the merits of a certification application submitted by an Internet-based TRS provider, the Commission may conduct one or more on-site visits of the applicant's premises, to which the applicant must consent.

With the submission of the instant Application, CODA is prepared to welcome the Commission

or Commission-designated entity to CODA's premises at any time and have all such

15 47 C.F.R. §64.606(aX3).

8


documentation as the Commission may request to demonstrate the representations made herein,

and its compliance with the Commission's MMS and additional requirements.

H. Substantive Changes (47 C.F.R. §64.606(f)(2))16

CODA affirmatively acknowledges its obligation as a certificated VRS provider, and

avers compliance, to

notify the Commission of substantive changes in [its] TRS programs, services, and features within 60 days of when such changes occur, and must certify that the interstate TRS provider continues to meet federal minimum standards after implementing the substantive change. Substantive changes shall include, but not be limited to: The use of new equipment or technologies to facilitate the manner in which relay services are provided; Providing services from a new facility not previously identified to the Commission or the Fund administrator; and Discontinuation of service from any facility.

I. Annual Reporting (47 C.F.R. §64.606(g))

CODA affirmatively acknowledges its obligation as a certificated VRS and IP-Relay

provider to, and will,

file with the Commission, on an annual basis, a report demonstrating that they are in compliance with §64.604. Such reports must update the information required in paragraph [47 C.F.R. §64.606] (a)(2) and include updated documentation and a summary of the updates, or certify that there are no changes to the information and documentation submitted with the application for certification, application for renewal of certification, or the most recent annual report, as applicable.

CODA's certification of compliance is attached as Exhibit D.

16 Sections 64.606(b), Requirements for state certification, 64.606(c), State certification period, 64.606(d), Method of funding, and 64.606(e), Suspension or revocation of state certification, are either inapplicable or require no response or acknowledgement. Section 64.606(t)(1) governing state notifications is inapplicable

9


J. Service Interruptions (47 C.F.R §64.606(h))

CODA affirmatively acknowledges its obligation as a certificated VRS provider to, and

will, "provide Internet-based TRS without unauthorized voluntary service interruptions." In the

event that CODA must interrupt service for a period of 30 minutes or more in duration, the

Company will submit a written request to the Commission's Consumer and Governmental

Affairs Bureau ("CGB") at least 60 days prior to any planned service interruption, with detailed

information required pursuant to subsections 64.606(h)(2)(i), (ii), and (iii). Further, in the event

of unforeseen service interruptions due to circumstances beyond an Internet-based TRS service

provider's control, CODA will submit a written notification to CGB within two business days of

the commencement of the service interruption, with an explanation of when and how CODA has

restored service or its plan to do so imminently. In the event CODA has not restored service at

the time such report is filed, the Company will submit a second report within two business days

of the restoration of service with an explanation of when and how it has restored service. CODA

will also provide notification of service outages covered by this paragraph to consumers on an

accessible website, and that notification of service status must be updated in a timely manner.

CODA affirmatively acknowledges that if it fails to obtain prior Commission authorization for a

voluntary service interruption or fails to provide written notification after a voluntary service

interruption of less than 30 minutes in duration, or fails to provide written notification after the

commencement of an unforeseen service interruption due to circumstances beyond its control in

accordance, the Company may be subject to revocation of certification, suspension of payment

from the TRS Fund, or other enforcement action by the Commission, as appropriate.

10


ID. MANDATORY MINIMUM STANDARDS COMPLIANCE (47 C.F.R. §64.606(a)(2)(ii»

Sections 64.604(a), (b), and (c) of the FCC's rules, as amended, establish operational,

technical, and functional MMS governing the provision of VRS. As set forth below, CODA

maintains that it meets or exceeds the entirety of the Commission's MMS for the provision of

Fund compensable relay services and merits Commission certification to draw compensation

from the federal TRS Fund as a Fund eligible provider.

A. Operational Standards

1. Communications Assistant ("CA") - Training (47 C.F.R. §64.604(a)(I». 17

Standard (i): "TRS providers are responsible for requiring that all CAs be sufficiently trained to effectively meet the specialized communications needs of individuals with hearing and speech disabilities."

Standard (li): "CAs must have competent skills in typing, grammar, spelling, interpretation of type written CODA, and familiarity with hearing and speech disability cultures, languages and etiquette. CAs must possess clear and articulate voice communications."

Standard (iii): "CAs must provide a typing speed of a minimum of 60 words per minute. Technological aids may be used to reach the required typing speed. Providers must give oral-to-type tests of CA speed."

Standard (iv): "TRS providers are responsible for requiring that VRS CAs are qualified interpreters. A "qualified interpreter" is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary."

Standard (v): "CAs answering and placing a TTY-based TRS or VRS call must stay with the call for a minimum of ten minutes. CAs answering and placing an STS call must stay with the call for a minimum of tU"teen minutes. "18

17 Standard vii governing TTY services has been intentionally deleted from the list as effectively inapplicable.

18Speech-to-Speech. ("STS") calling requirements has been waived indefinitely. 2004 TRS Report and Order, para

138 and 139.

11


Standard (vi): "TRS providers must make best efforts to accommodate a TRS user's requested CA gender when a call is initiated and, if a transfer occurs, at the time the call is transferred to another CA."

Standard (vii) TRS shall transmit conversations between TTY and voice callers in real tim 19 e.

CODA Compliance: CODA maintains an experienced workforce comprised only of certified

CAs. CODA only employs CAs who demonstrate high levels of proficiency and professional

standards. CODA continues to build on those standards through training and CA development

efforts. CAs are required to maintain their certification through means of continued education

standards required by RID (Registry of Interpreters for the Deaf.) CODA focuses on the

refinement of CA training and procedures to ensure complete customer satisfaction CAs, through

ongoing training, are expected to fully understand and comply with rules governing the VRS

industry.

CODA employs a well-rounded gi"..aff of CAs that differ in interpreting st'jles, skills, and

backgrounds to ensure a diverse competent staff to handle the many different situations that may

be presented during the course of operations. CODA officers and managers routinely work with

CAs to critique and expand their particular sl..-111 sets, while also maintaining a high level of

communication v.ith staff to address questions, comments or concerns. CAs that do not uphold

the company's strict ethical policies, company standards, or do not meet the MJ\1S requirements

are subject to immediate termination.

CODA allows all customers to select CA's by gender ,,,,hen available. CODA relies on

experienced trainers/supervisors, test calls, and customer feedback to ensure customer

19 CODA has not received any TTY calls.

12


satisfaction and MMS compliance. Details regarding Company job descriptions, mISSIOn

statement, and quality assurance standards are attached at confidential Exhibit H.

2. Communications Assistant ("CA") - Confidentiality and conversation content. (47 C.F.R. §64.604(a)(2».

Standard (i): "Except as authorized by section 605 of the Communications Act, 47 U.S.C. 605, CAs are prohibited from disclosing the content of any relayed conversation regardless of content ••• from keeping records of the content of any conversation beyond the duration of a call, even if to do so would be inconsistent with state or local law ••••• The CA may retain the information only for as long as it takes to complete the subsequent calls."

Standard (il): "CAs are prohibited from intentionally altering a relayed conversation and, to the extent that it is not inconsistent with federal, state or local law regarding use of telephone company facilities for illegal purposes, must relay all conversation verbatim unless the relay user specifically requests summarization, or if the user requests interpretation of an CODA call. An STS CA may facilitate the call of an STS user with a speech disability so long as the CA does not interfere with the independence of the user, the user maintains control of the conversation, and the user does not object. Appropriate measures must be taken by relay providers to ensure that confidentiality of VRS users is maintained."

CODA Compliance: CAs are prohibited from disclosing the contents of any relayed

conversation, keeping records of the content of calls beyond their duration, and intentionally

altering a relayed conversation. Since its inception, CODA has complied with these minimum

standards and will continue to do so in the future and has implemented policies that reinforce

compliance. CODA also ensures that all conversations are translated verbatim unless directed

otherwise by the callers, as is required by the Commission's rules. CODA, through its

comprehensive training and supervision will ensure that CAs and personnel adhere to all FCC

minimum standards regarding confidentiality and conversation content.

Confidentiality is protected through verification of CA compliance through supervisory

staff monitor of quality and training. Call center facilities are secure and work areas secured to

13


maintain the privacy of the consumer at all times. Each CA station has been designed to limit

viewing access. Each station is separated by partitions as well as floor to ceiling partition walls.

Call setup details are only available to the CA to accurately complete the setup of the call

while connected to the caller. CAs do not have the ability to retain or review call data once the

call is terminated. Only data needed for billing purposes will be retained on a separate server

and accessed only by the billing/administrative management staff.

CAs are prohibited from altering relayed conversation by company policy and the RID

code of professional conduct which must be followed to retain certification. These requirements

are stressed in our rigorous training with each CA. Violation of the RID code of professional

conduct as well as the company's code of conduct by any CA will lead to immediate termination.

Additional discussion regarding CODA's privacy policies appears at confidential Exhibit H.

3. Types of Calls (47 C.F.R. §64.604(a)(3».

Standard (i): "Consistent with the obligations of telecommunications carrier operators, CAs are prohibited from refusing single or sequential calls or limiting the length of calls utilizing relay services."

CODA Compliance: CODA does not, and will not, refuse calls or limit the length of calls. All

calls, including long distance calls, are and will continue to be completed without charge to the

consumer. CODA's VRS platform allows all calls to be processed in the order in which they are

received.

While CODA does not currently expect to process the types of calls that have been

waived by the Commission, CODA commits to process those types of calls when those waivers

expire. See irifra.

14


Standard (ii): "Relay services shall be capable of handling any type of call normally provided by telecommunications carriers unless the Commission determines that it is not technologically feasible to do so. Relay service providers have the burden of proving the infeasibility of handling any type of call. "20

CODA Compliance: CODA's VRS platform is designed to process a variety of relay calls,

including non-VRS calls. CODA does not bill subscribers or called parties for calls. Altemative-

billing calls such as person-to-person, reverse bill, or third-party billed typically placed as

operator-assisted calls are inapplicable, accordingly.

Standard (iii): "Relay service providers are permitted to decline to complete a call because credit authorization is denied."

CODA Compliance: Ibis standard is inapplicable as CODA does not charge users for any call,

and therefore does not conduct credit authorizations or checks, as part of its obligations to retain

the Equal Access to Interexchange Carrier waivers for VRS providers.

Standard (iv): "Relay services shall be capable of handling pay-per-call calls."

CODA Compliance: CODA has the ability of accepting pay-per-call calls though CAs will

simply convey credit or debit card information on behalf of the caller. Such information is

translated only and never recorded.

20 Types of Calls requirements was waived through January 1,2009.2004 TRS Report and Order, para 113 through 115. "The waivers of certain TRS mandatory minimum standards fOT VRS and IP Relay will expire on January 1, 2009, except the wavier of the speed dialing requirement fOT VRS, which will expire on April 30, 2008." .See, e.g. Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, CG Docket No. 03-123, Order, DA 07-5098 (Dec. 26, 2007) ["Extension Order"]; See also Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities, CG Docket 03-123, DA 07-098; DA 08-45; In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities E911 Requirements for IP-Enabled Service Providers, CG Docket 03-123 and WC Docket No. 05-196, Report and Order, FCC 08-78 (March 19, 2008)

15


Standard (v): "TRS providers are required to provide the following types ofTRS calls: (1) Text-to-voice and voice-to-text; (2) VCO, two-line VCO, VCO-to-TTY, and VCO-to-VCO; (3) HCO, two-line HCO, HCO-to-TTY, HCO-to-HCO."Zl

CODA Compliance: CODA's VRS platform maintains the capability of supporting all types of

calls. CODA's VRS platform has the capability of supporting Voice Carry Over ("VCO"),

allowing a user to speak: directly to the person he or she is calling and receiving responses

through the CA and vice-versa. CODA has the capability to support VCO-VCO calls, VCO-

HCO calls, VCO-TTY, and Two-Line VCO calls. CODA's VRS platform is also capable of

supporting Hearing Carry Over ("HCO") that allows an individual to listen to the called party

and respond in text to be voiced by the CA and vice-versa. HCO users are able to hear the call

set-up, ringing, and the called party answering the telephone. CODA supports HCO-HCO calls,

HCO-VCO calls, HCO-TTY calls, and Two-Line HCO calls.

Standard (vi): "TRS providers are required to provide the following features: (1) Call release functionality; (2) speed dialing functionality; and (3) three-way calling functionality."

CODA Compliance: Both callers and CAs have the ability to release calls immediately when

terminated through the VRS platform software application for users, and platform capabilities for

CAs. The application software inherently allows for speed dialing once the called number is

input into the calling screen. CODA CAs retain the ability to initiate three-way calls through the

platform.

21 Extended through July 1, 2012 conditioned upon the filing of a status report due April 16, 2012, detailing the progress made in complying with the requirement to provide the following services. See, In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities E911 Requirements for IP-Enabled Service Providers, Docket Nos. CG Docket No. 03-123 and WC Docket No. 05-196, Order, DA 11-1159, (June 30, 2011) [2011 VRS Waiver Extension Order].

16


Standard (vii): "Voice mail and interactive menus. CAs must alert the TRS user to the presence of a recorded message and interactive menu through a hot key on the CAs terminal. .•.. Relay providers shall electronically capture recorded messages and retain them for the length of the call. Relay providers may not impose any charges for additional calls, which must be made by the relay user in order to complete calls involving recorded or interactive messages;" and

Standard (viii): "TRS providers shall provide, as TRS features, answering machine and voice mail retrieval."

CODA Compliance: CODA's VRS platform allows the subscribers to receive voice/video

messages through its platform's TCMail Total Communication Mail function addressed in

Exhibit B. CA's continue to alert users of those messages at no additional charge.

4. Handling of emergency calls. (47 C.F.R. §64.604(a)(4» and amended Section 64.605.

Standard: "(4) Emergency call handling requirements for TTY-based TRS providers. TTY-based TRS providers must use a system for incoming emergency calls that, at a minimum, automatically and immediately transfers the caller to an appropriate Public Safety Answering Point (pSAP). An appropriate PSAP is either a PSAP that the caller would have reached if he had dialed 911 directly, or a PSAP that is capable of enabling the dispatch of emergency services to the caller in an expeditious manner." 22

"Our rules require TRS providers to automatically and immediately transfer emergency calls to an appropriate public safety answering point (pSAP).23 The VRS Waiver Order granted VRS providers a two-year waiver of this requirement, but also required VRS providers to clearly explain on their website and in any VRS promotional materials "the shortcomings and potential dangers of using VRS to place an emergency call using 911.'.24

22 See Telecommunications Relay Services And Speech-to-Speech Services For Individuals With Hearing And Speech Disabilities, E911 Requirements For IP-Enabled Service Providers, CG Docket No. 03-123, WC Docket No. 05-196, Report and Order, 23 FCC Red 5255 (Mar. 19,2008) ("Interim Emergency Call Handling Order"), [FCC 08-781. amended Telecommunications Relay Services And Speech-to-Speech Services For Individuals With Hearing And Speech Disabilities, E911 Requirements For IP-Enabled Service Providers, CG Docket No. 03-123, WC Docket No. 05-196, Order, FCC 08-210, (reI. September 19,2008), Appendix B.

23 See 47 C.F.R § 64.604(aX4); see also Second Improved TRS Order & NPRM at n 37-42.

24 VRS Waiver Order at ~ 14.

17


25 "In the Interim Emergency CaU Handling Order, the Commission terminated the temporary waivers of the emergency call handling rule, effective May 21, 2008, for VRS, IP Relay, and IP CTS in light of the "present imperative to provide Internet-based TRS users a reliable means of accessing emergency services. ,,26 The Commission required Internetbased TRS providers to "accept and handle emergency calls" and to access, either directly or via a third party, a commercially available database that will allow the provider to determine an appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority that corresponds to the caller's location, and to relay the call to that entity. Further, the Commission promulgated the following Standards under Section 64.605, as amended by the Commission's June 2008 Report and Order and Further Notice of Proposed Rulemaking.27

28

CODA Compliance: CODA does not provide TTY-based TRS services although it maintains

the capability to process TTY calls if received. The provisions of Section 64.604(a)(4), as

amended, governing TTY-based TRS services are inapplicable, accordingly.29 CODA's

compliance focuses on the amended provisions of Section 64.605(b) governing emergency call

handling requirements for VRS providers, and related requirements for Internet-based TRS

Registration promulgated under Sections 64.61130 and 52.3431 applicable to Internet-Based TRS

providers adopted under the Interim Emergency Call Handling Order and Report and Order and

25 2004 TRS Report and Order, 11 116, footnotes from original.

26 Interim Emergency Call Handling Order, para. 16.

27Id; 47 C.F.R. § 64.605 (setting forth additional operational standards applicable to Internet-based TRS).

28 See, e.g. In the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities E9 J J Requirements for IP-Enabled Service Providers, CG Docket No. 03-123 and WC Docket No. 05-196, Report and Order and Further Notice of Proposed Ruiemaking, FCC 08-151 (ReI. June 24, 2008)[ "Report and Order and Further Notice of Proposed Rulemaking'l

29 "We note that, as amended by the Interim Emergency Call Handling Order, section 64.604(aX4) now applies exclusively to TTY-based TRS providers. The emergency call handling requirements applicable to Internet-based TRS providers are now set forth in section 64.605 of the Commission's rules. See Interim Emergency Call Handling Order, 23 FCC Rcd at 5275-76, Appendix B." Report and Order and Further Notice of Proposed

Rulemaking footnote 36.

30 47 C.F.R. §64.61 1.

31 47 C.F.R. §52.34.

18


Further Notice of Proposed Rulemaking, addressed further below. CODA's calling platform has

been designed to comply with section 64.605(b) for emergency calls. In 2010 and 2011, CODA

translated 1 and 2 emergency 911, respectively, calls without incident.

CODA's VRS platform coupled with the 911 emergency routing service ("ERS")

provided under contract by [REDACTED] provides the capability to determine callers' physical

locations through access to the Neustar Registered Location database. Emergency 911 caller

locations are verified independently by the 911 emergency routing service,32 and routed to the

serving Public Safety Answering Point ("PSAP") responsible for serving each caller, through

CODA's 911 ERS provider arrangements with other carriers, including incumbent local

exchange carriers. CODA will receive ten digit North American Number Plan telephone number

assignments for subscribers through its arrangement with [REDACTED] 33 pursuant to Section

64.611, promulgated under the Commission's June 24, 2008 Report and Order and Further

Notice of Proposed Rulemaking governing assignment of uniform, conventional ten-digit

telephone numbers by all Internet based telecommunications relay service providers.

Further, CODA is informing subscribers of the process for placing emergency VRS 911

calls through promotional materials, CODA's website, and when users access CODA's VRS and

IP Relay platform via the Internet.

Regarding the specific requirements specifically set forth in Section 64.605, CODA

provides the following statement of compliance.

32 The terms Registered Location database and TRS Numbering Directory are used synonymously herein.

33 Which also serves as CODA's "numbering partner."

19


§64.605 Emergency Calling Requirements

(a) Pursuant to 47 C.F.R. §64.605(a)(1), "(a) Additional Emergency Calling Requirements Applicable to Internet-based TRS Providers. (1) As of December 31,2008, the requirements of paragraphs (a)(2)(i) and (a)(2)(iv) of this section shall not apply to providers of VRS and IP Relay to which §64.605(b) applies.

(2) Each provider of Internet-based TRS shall:

(ii) Implement a system that ensures that the provider answers an incoming emergency call before other non-emergency calls (i.e., prioritize emergency calls and move them to the top of the queue);

CODA Compliance: CODA's VRS platform is designed to prioritize and place emergency 911

calls to the top of the. queue for immediate processing.

(iii) Request, at the beginning of each emergency call, the caller's name and location information, unless the Internet-based TRS provider already has, or has access to, a Registered Location for the caller;

CODA Compliance: CAs are trained to obtain caller names, verify contact information, and

location when processing any emergency 911 calls. When 911 is dialed by the caller, the CA

implements the verification procedures and forwards the callers' assigned number to the

[REDACTED] ERS for routing to the caller's serving PSAP. [REDACTED] ERS includes a

National automatic location information database that provides additional verification of the

user's location to the appropriate PSAP when 911 is dialed.

20


(v) In the event one or both legs of an emergency call are disconnected ( i.e. , either the call between the TRS user and the CA, or the outbound voice telephone call between the CA and the PSAP, designated statewide default answering point, or appropriate local emergency authority), immediately re-establish contact with the TRS user and/or the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority and resume handling the call;

CODA Compliance When receiving a 911 call, CAs must identify themselves, verify location,

and obtain PSAP contact information in the event there is an interruption of that call so that it

may be immediately re-established even though all information is captured by [REDACTED]

ERS platform. This information is retained only for emergency handlers or law enforcement

reference.

(vi) Ensure that information obtained as a result of this section is limited to that needed to facilitate 911 services, is made available only to emergency call handlers and emergency response or law enforcement personnel, and is used for the sole purpose of ascertaining a customer's location in an emergency situation or for other emergency or law enforcement purposes.

CODA Compliance: CODA avers to strictly protect the confidentiality of all customer

proprietary information pursuant the requirements set forth in this section, Section

64.604(a)(2)(i), and to be voluntarily bound by the provisions of the Commission's Customer

Proprietary Network Information rules, at Section 64.2001 et seq. 34

34 47 C.F.R §64.2001 et seq.

21


(b) E911 Service for VRS and IP Relay

(1) Scope. The following requirements are only applicable to providers of VRS or IP Relay. Further, the following requirements apply only to 911 calls placed by users whose Registered Location is in a geographic area served by a Wireline E911 Network.

(2) E911 Service. As of December 31,2008:

(i) VRS or IP Relay providers must, as a condition of providing service to a user, provide that user with E911 service as described in this section;

(ii) VRS or IP Relay providers must transmit all 911 calls, as well as ANI, the caller's Registered Location, the name of the VRS or IP Relay provider, and the CAs identification number for each call, to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's Registered Location and that has been designated for telecommunications carriers pursuant to §64.3001 of this chapter, provided that "all 911 calls" is dermed as "any communication initiated by a VRS or IP Relay user dialing 911";

CODA Compliance: CODA will coordinate with other industry representatives in developing

procedures for population of Neustar, Inc.'s Registered Location numbering assignment

administrator's database, immediately upon certification. CODA will populate the data base

with assigned geographically appropriate ten digit numbers that reflect the user's physical

location in support of routing of emergency calls to the serving PSAP. CODA will register with

Neustar, Inc. for access to the numbering database immediately upon a grant of certification as it

is currently precluded from so doing until it is certified as a Fund eligible provider.

Registered location information is requested as part of the subscriber registration

process.35 CAs confirm the registered location on each 911 emergency call before directing the

call to the appropriate PSAP through as a matter of policy, as noted.

35 See, http://www.callcodavrs.netl

22


CODA transmits all 911 calls using its VRS platform and ERS to the appropriate public

PSAP along with automatic number identification ("ANI"), the caller's registered location,

information indicating that the call is being placed by CODA and the CA's identification number.

All 911 calls will be routed through the use of ANI and, if necessary pseudo-ANI, via the

dedicated wireline E911 network.

CODA's VRS platform implements an automated system to prioritize emergency calls so

that they are answered before non-emergency calls. Emergency 911 calls are recognized by the

calling platform and are given the highest priority in the call queue system ahead of any other

non-emergency calls. CODA ensures that CAs are trained to request the caller's name and

location at the beginning of any emergency call, even if the caller's registered location

information is already on file with CODA. In the event one or both legs of an emergency call is

disconnected, CODA does and will ensure that the CAs are trained to re-establish the call by

contacting the calling party, the PSAP, or both. CODA recognizes that information obtained by

CODA as a result of assisting with an emergency call will be used only for emergency or law

enforcement purposes.

(iii) All 911 calls must be routed through the use of ANI and, if necessary, pseudoANI, via the dedicated Wireline E911 Network; and

CODA Compliance: The [REDACTED] platform will transmit ANI based on the assigned ten-

digit number established in the Registered Location database for Coda VRS' subscribers. ANI

data will be transmitted to the serving PSAP through dedicated 911 routing facilities via the

[REDACTED] ERS's arrangements with interconnecting carriers.

(iv) The Registered Location, the name of the VRS or IP Relay provider, and the CAs identification number must be available to the appropriate PSAP, designated statewide default answering point, or appropriate local emergency authority from or through the appropriate automatic location information (ALI) database.

CODA Compliance: CODA's VRS platform is configured to automatically identify Coda VRS

and the CAs identification number to the PSAP, in conjunction with ANI information obtained

23


through Neustar's Registered Location Database, [REDACTED] ERS. A detailed 911 call flow

diagram is attached at confidential Exhibit I.

(3) Service Level Obligation. Notwithstanding the provisions in paragraph (b)(2) of this section, if a PSAP, designated statewide default answering point, or appropriate local emergency authority is not capable of receiving and processing either ANI or location information, a VRS or IP Relay provider need not provide such ANI or location information; however, nothing in this paragraph affects the obligation under paragraph (c) of this section of a VRS or IP Relay provider to transmit via the Wireline E911 Network all 911 calls to the PSAP, designated statewide default answering point, or appropriate local emergency authority that serves the caller's Registered Location and that has been designated for telecommunications carriers pursuant to §64.3001 of this chapter.

CODA Compliance: CODA has incorporated this requirement into its policies and CA training

procedures, as demonstrated in confidential Exhibit H.

(4) Registered Location Requirement. As of December 31, 2008, VRS and IP Relay providers must:

(i) Obtain from each Registered Internet-based TRS User, prior to the initiation of service, the physical location at which the service will first be utilized; and

(il) If the VRS or IP Relay is capable of being used from more than one location, provide their Registered Internet-based TRS Users one or more methods of updating their Registered Location, including at least one option that requires use only of the CPE necessary to access the VRS or IP Relay. Any method utilized must allow a Registered Internet-based TRS User to update the Registered Location at will and in a timely manner.

CODA Compliance: In order for subscribers to select CODA as a preferred provider and access

CODA's VRS platform, subscribers are required to affirmatively register with CODA. Through

this registration process, subscribers are required to provide necessary contact information,

including physical location, needed to populate the Registered Location database. Subscribers

are able to register and update information over a secure Internet web site,

http://www.callcodavrs.netl via email, or by contacting CODA's customer service in writing or

24


telephonically, with proper verification of identity. Further, CODA's operating procedures

dictate that CAs verify Registered Location information on all emergency calls, as noted supra.

CODA provides users with specific information on the use of customer proprietary network

information to be collected for complying with 911 access requirements.

5. STS Called Numbers (47 C.F.R. §64.604(a)(5».

Standard: "Relay providers must offer STS users the option to maintain at the relay center a list of names and telephone numbers which the STS user calls. When the STS user requests one of these names, the CA must repeat the name and state the telephone number to the STS user. This information must be transferred to any new STS provider.,,36

CODA Compliance: CODA maintains a document to record STS user names and phone

numbers at each call center. CODA's VRS platform has the ability to process STS calls, but does

not currently have the capability of maintaining a list of names and telephone numbers which

STS users might call. CODA's platform enables subscribers to maintain a list of frequently

contacted individuals and telephone numbers which enable the subscriber to initiate a call to the

individual by clicking the option on the screen. The subscriber's personal list is maintained

through the platform's user software obviating the need for maintaining a separate listing at the

relay center. This creates an additional level of security for the user. CODA's VRS platform

provider is currently working on adding this feature and CODA plans to present this feature to its

users as soon as it becomes available. This newly added platform feature will make things much

more user friendly than maintaining a separate listing of names and numbers at each relay center.

36 The requirement has been waived indefinitely for VRS. See 2004 TRS Report & Order, 19 FCC Red at 12594 (Appendix E: Summary ofIP Relay and VRS waivers).

25


6. Visual privacy screens/idle calls (47 C.F.R. §64.604(a)(6».

Standard: A VRS CA may not enable a visual privacy screen or similar feature during a VRS call. A VRS CA must disconnect a VRS call if the caller or the called party to a VRS call enables a privacy screen or similar feature for more than five minutes or is otherwise unresponsive or unengaged for more than rIVe minutes, unless the call is a 9-1-1 emergency call or the caller or called party is legitimately placed on hold and is present and waiting for active communications to commence. Prior to disconnecting the call, the CA must announce to both parties the intent to terminate the call and may reverse the decision to disconnect if one of the parties indicates continued engagement with the call.

CODA Compliance: CODA's training program directs CAs to never enable a visual privacy

screen or any such feature as may obfuscate the CA's identity. CAs are also now trained to

terminate calls if the caller enables a privacy screen or similar feature for more than five minutes

or is otherwise unresponsive or unengaged for more than five minutes unless the call is a 9-1-1

emergency call or the caller or called party is legitimately placed on hold and is present and

waiting for active communications to commence. CAs are trained to announce their intent to

terminate the call in such instances, unless one of the parties indicates an intent to continue the

call. Please refer to CODA's policies at confidential Exhibit H.

7. International Calls (47 C.F.R. §64.604(a)(7».

Standard: VRS calls that originate from an international IP address will not be compensated, with the exception of calls made by a U.S. resident who has pre-registered with his or her default provider prior to leaving the country, during specified periods of time while on travel and from specified regions of travel, for which there is an accurate means of verifying the identity and location of such callers. For purposes of this section, an international IP address is defined as one that indicates that the individual initiating the call is located outside the United States.

CODA Compliance: CODA affirmatively acknowledges that calls originating from an

international IP address will not be compensated, with the exception of calls made by a U.S.

resident who has pre-registered with his or her default provider prior to leaving the country,

during specified periods of time while on travel and from specified regions of travel, for which

26


there is an accurate means of verifying the identity and location of such callers. CODA's VRS

platform system recognizes International Internet Protocol addresses and will notify appropriate

personnel to ensure these calls are not processed. Therefore, these types of calls are not or billed

to, or compensated by the fund.

B. Technical Standards

1. ASCD and Baudot. (47 C.F.R. §64.604(b)(1».

Standard: "TRS shall be capable of communicating with ASCD and Baudot format, at any speed generally in use."

CODA Compliance: CODA's VRS platform supports text messaging, and may be accessible

through other forms of conventional text/data transmissions including ASCII and Baudot format,

generated through most TRS equipment.

2. Speed of Answer. (47 C.F.R. §64.604(b)(2».

Standard (i): "TRS providers shall ensure adequate TRS facility staffing to provide callers with efficient access under projected calling volumes, so that the probability of a busy response due to CA unavailability shall be functionally equivalent to what a voice caller would experience in attempting to reach a party through the voice telephone network."

CODA Compliance: CODA monitors call volume and references call history to ensure speed of

answer requirements are met. Call center supervisors, managers, trainers and an executive are

interpreters and readily fill in when the occasional unanticipated spike in volume occurs.

Standard (ii): "TRS facilities shall, except during network failure, answer 85% of all calls within 10 seconds by any method which results in the caller's call immediately being placed, not put in a queue or on hold. The ten seconds begins at the time the call is delivered to the TRS facility's network. A TRS facility shall ensure that adequate network facilities shall be used in conjunction with TRS so that under projected calling volume the probability of a busy response due to loop trunk congestion shall be functionally equivalent to what a voice caller would experience in attempting to reach a party through the voice telephone network.

27


(A) The call is considered delivered when the TRS facility's equipment accepts the call from the local exchange carrier (LEC) and the public switched network actually delivers the call to the TRS facility.

(B) Abandoned calls shall be included in the speed-of-answer calculation.

(C) A TRS provider's compliance with this rule shall be measured on a daily basis.

(D) The system shaH be designed to a P.01 standard.

(E) A LEC shall provide the call attempt rates and the rates of calls blocked between the LEC and the TRS facility to relay administrators and TRS providers upon request."

Standard (iii): "Speed of answer requirements for VRS providers are phased-in as follows: .•• by January 1,2007, VRS providers must answer 80% of all calls within 120 seconds, measured on a monthly basis. Abandoned calls shall be included in the VRS speed of answer calculation.

CODA Compliance: CODA is in current compliance of the speed of answer requirements for

VRS providers, and has adopted procedures to ensure that it remains compliant on a going

forward basis.

In 2010 average speed of answer metrics reflected that 89.55 percent of all calls were

answered within 120 seconds including abandoned calls. Speed of answer time is projected to go

to average under 5 seconds in 2011 and under 5 seconds in 2012.

3. Equal access to interexchange carriers. (47 C.F.R. §64.604(b)(3».37

Standard: "TRS users shall have access to their chosen interexchange carrier through the TRS, and to all other operator services, to the same extent that such access is provided to voice users."

CODA Compliance: To the extent that registered subscribers now rely exclusively on CODA or

other IP-based providers as their default service provider, subscribers should not, as a practical

37 Waived through July 1,2012. See 2011 MMS Waiver Extension Order.

28


matter, require access to a wireline interexchange or local exchange carrier. CODA continues to

provide local, domestic intrastate, interstate and intemationallong distance services at no cost to

callers. Nevertheless, CODA retains the technical capability to route interexchange calls to the

subscriber's interexchange carrier of choice and place calling card calls to carriers using the

subscriber's calling card, in the unlikely event requested by callers.

4. TRS facilities. (47 C.F.R. §64.604(b)(4».

Standard (i): "TRS shall operate every day, 24 hours a day. Relay services that are not mandated by this Commission need not to be provided every day, 24 hours a day.',38

CODA Compliance: CODA currently operates 24 hours per day, 7 days per week, every day of

the year.

Standard (ii): "TRS shall have redundancy features functionally equivalent to the equipment in normal central offices, including uninterruptible power for emergency use."

CODA Compliance:

Standard (iii): "A VRS CA may not relay calls from a location primarily used as his or her home."

CODA Compliance: CODA does not employ CAs who relay calls from a home location. All

CAs are employed in CODA commercial call centers.

Standard (iv): "A VRS provider leasing or licensing an automatic call distribution (ACD) platform must have a written lease or license agreement. Such lease or license agreement may not include any revenue sharing agreement or compensation based upon minutes of use. In addition, if any such lease is between two eligible VRS providers, the lessee or licensee must locate the ACD platform on its own premises and must utilize its own employees to manage the ACD platform."

CODA Compliance: CODA has licensed its automatic call distribution ("ACD") platform from

[REDACTED]. The ACD platform is licensed on an established fee basis that is in no way based

38 Amended by the FCC's Report and Order in CG Docket No. 03-123 and CC Docket No. 98-67, as discussed

below. The 2004 TRS Report and Order notes that pursuant to 47 C.F.R. §64.604(bX4), "Relay services that are not

mandated by this Commission are not required to be provided every day. 24 hours a day." The FCC goes on to state that "VRS is not a mandatory TRS service" and therefore not subject to perpetual staffing requirements.

29


on revenue sharing or compensated upon call usage. CODA's platform is not leased in

conjunction with any other fund eligible VRS providers. The platform and servers are accessed

and managed by the Company's employees. Evidence of CODA's compliance is attached as

confidential Exhibit C.

5. Technology. (47 C.F.R. §64.604(b)(5».

Standard: "No regulation set forth in this subpart is intended to discourage or impair the development of improved technology that fosters the availability of telecommunications to person with disabilities. TRS facilities are permitted to use SS7 technology or any other type of similar technology to enhance the functional equivalency and quality of TRS. TRS facilities that utilize SS7 technology shall be subject to the Calling Party Telephone Number rules set forth at 47 CFR 64.1600 et seq."

CODA Compliance: CODA is currently evaluating advanced technology applications in the

marketplace for VRS and IP Relay applications and has held several meetings with potential

technology companies and consumers to assess needs. CODA will institute a new android

application and is currently developing iPhone, iPad applications to be made available in spring

of2012.

6. Caller ID. (47 C.F.R. §64.604(b)(6».

Standard: "When a TRS facility is able to transmit any calling party identifying information to the public network, the TRS facility must pass through, to the called party, at least one of the following: the number of the TRS facility, 711, or the 10-digit number of the calling party."

CODA Compliance: The [REDACTED] ERS pass through the number of the center from

which the CA is placing the call and the registered subscriber's assigned ten digit telephone

number.

30


c. Functional Standards

1. Consumer Complaint Logs. (47 C.F.R. §64.604(c)(1».

Standard (i): "States and interstate providers must maintain a log of consumer complaints including all complaints about TRS in the state, whether filed with the TRS provider or the State, and must retain the log until the next application for certification is granted. The log shall include, at a minimum, the date the complaint was filed, the nature of the complaint, the date of resolution, and an explanation of the resolution."

CODA Compliance: CODA currently maintains, and submits, a complaint log to the

Commission associated with its VRS service, as documented in confidential Exhibit E. Users

have, and will continue to have, the ability to initiate complaints to a CA or CA supervisor, via

electronic mail to the Company's customer service address, and via the Company's web site,

www.callcodavrs.net. Complaints are logged into CODA's complaint tracking system. The CA

who received the complaint, or an assigned CA in instances where complaints are not directed to

an individual CA, will assign a complaint tracking number, will investigate the issue, and will

respond to the complainant in no more than 48 hours. The response is recorded in the complaint

log. A supervisor will monitor complaint status and will ensure that action is taken within the

specified period.

If the complaint entails a technical issue, then a trouble ticket is prepared, and the trouble

investigated and resolved by a technician. The technician is responsible for responding to the

assigned CA who then communicates with the complainant, and the result is documented.

CODA maintains a complaint response time of between 4 and 6 hours for complaints

requiring research. Further, CODA has pursued a proactive customer education initiative to assist

customers in better understanding how to use CODA's service and minimize inquiries.

31


Standard (il): "Beginning July 1, 2002, states and TRS providers shall submit summaries of logs indicating the number of complaints received for the 12-month period ending May 31 to the Commission by July 1 of each year. Summaries of logs submitted to the Commission on July 1, 2001 shall indicate the number of complaints received from the date of OMB approval through May 31, 2001.

CODA Compliance: CODA avers to submit complaint logs annually.

2. Contact Persons. (47 C.F.R. §64.604(c)(2».

"Contact persons. Beginning on June 30, 2000, State TRS Programs, interstate TRS providers, and TRS providers that have state contracts must submit to the Commission a contact person and/or office for TRS consumer information and complaints about a certified State TRS Program's provision of intrastate TRS, or, as appropriate, about the TRS provider's service. This submission must include, at a minimum, the following:"

Standard(i): "The name and address of the office that receives complaints, grievances, inquiries, and suggestions."

CODA Compliance: The senior individuals responsible to receive complaints, grievances,

inquiries, and suggestions for CODA are:

Ms. Carol Halley Mr. Jason Halley CODA VRS Corporation 16973 Covina Road Bend, Oregon 97707 Telephone: 541.350.6702 Email: [email protected]

All CAs are immediately responsible for receipt of complaints they receive, pursuing

timely resolution, responding to the complainant, and for documentation, subject to supervisory

review. Specialized CA customer care representatives are also available if the CA cannot

immediately respond to a complaint or inquiry. CODA avers to timely inform the Commission

any changes in contact information for the senior individual responsible for complaints.

Standard(il): "Voice and TTY telephone numbers, fax number, e-mail address, and web address;"

CODA Compliance: Please refer to Standard (i), supra.

32


Standard(iii): "The physical address to which correspondence should be sent."

CODA Compliance: Correspondence should be sent to:

Voice telephone: Video nwnber: FaxNwnber:

541-350-6702 541-203-4142 541-383-1883

E-mail Address:[email protected] Web Address: http://www.callcodavrs.netl Physical Address to Which Correspondence Should be Sent:

16973 Covina Road, Bend, Oregon 97707

3. Public Access to Information. (47 C.F.R. §64.604(c)(3».

Standard: "Public access to information. Carriers, through publication in their directories, periodic billing inserts, placement of TRS instructions in telephone directories, through directory assistance services, and incorporation of TTY numbers in telephone directories, shall assure that callers in their service areas are aware of the availability and use of all forms of TRS. Efforts to educate the public about TRS should extend to all segments of the public, including individuals who are hard of hearing, speech disabled, and senior citizens as well as members of the general population. In addition, each common carrier providing telephone voice transmission services shall conduct, not later than October 1, 2001, ongoing education and outreach programs that publicize the availability of 711 access to TRS in a manner reasonably designed to reach the largest number of consumers possible."

CODA Compliance: CODA will continue to pursue it's outreach program entailing active

marketing and targeted educational services intended to educate the Deaf and Hard of Hearing

communities. CODA has employed a host of media to encourage and promote public access

including; website, social networking such as You Tube and Facebook; tradeshows-Deaf Expo;

Deaf Nation; CODA Conventions; Deaf Women of Oregon and Washington; Deaf News-All

Deaf.com, George Scheler's newsletter; DCO Deaf Friends of Central Oregon; and many others.

CODA has also supported Camp Taloali a camp for Deaf and hearing children as well as

contributing to building and financing the Camp Taloali musewn. The Company also provides

interpreting services to the Deaf Community when necessary, on a pro bono basis. CODA

engages in direct marketing to the Deaf Community through continued advertising in Deaf

Community expositions, and trade conferences. CODA engages in in-direct marketing as well by

producing self-help and informational videos developed for the Deaf Community.

33


4. Rates. (47 C.F.R. §64.604(c)(4».

Standard: "TRS users shall pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from the point of origination to the point of termination."

CODA Compliance: Inapplicable. CODA's subscribers will not be charged for CODA's VRS

service. See, Compliance with Types ofCaIls (47 C.F.R. §64.604(a)(3)), supra.

S. Jurisdictional Separation of Costs. (47 C.F.R. §64.604(c)(S)(iii)(C».39

Standard (1): "Data Collection and Audits from TRS Providers. TRS providers seeking compensation from the TRS Fund shall provide the administrator with true and adequate data, and other historical, projected and state rate related information reasonably requested to determine the TRS Fund revenue requirements and payments. TRS providers shall provide the administrator with the following: total TRS minutes of use, total interstate TRS minutes of use, total TRS investment in general in accordance with part 32 of this chapter, and other historical or projected information reasonably requested by the administrator for purposes of computing payments and revenue requirements.

CODA acknowledges its obligation to provide the Fund Administrator with data

necessary to determine the TRS Fund revenue requirements and payments. CODA has prepared

responses to the Fund Administrator's annual data collection form and data requests, and is now

prepared to provide such information on its own.

Standard (2): "Call data required from all TRS providers. In addition to the data requested by section 64.604(c)(S)(iii)(C)(I), TRS providers seeking compensation from the TRS Fund shall submit the following specific data associated with each TRS call for which compensation is sought: (1) the call record ID sequence; (2) CA ID number; (3) session start and end times noted at a minimum to the nearest second; (4) conversation start and end times noted at a minimum to the nearest second; (S) incoming telephone number and IP address (if call originates with an IP-based device) at the time of the call; (6) outbound telephone number (if call terminates to a telephone) and IP address (if call terminates to an IP-based device) at the time of call; (7) total conversation minutes; (8) total session

39 Standards (i), (ii), (iii)(A) and (iii)(B) require no response, and are acknowledged by Applicant.

34


minutes; (9) the call center (by assigned center ID number) that handled the call; and (10) the URL address through which the call is handled.

CODA Compliance: CODA affirmatively acknowledges its obligation to provide the

administrator with true and adequate data, and other historical, projected and state rate related

information reasonably requested to determine the TRS Fund revenue requirements and

payments in accordance with the requirements set forth in 47 C.F.R. §64.604(c)(5)(iii)(C)(1) and

(2), and any such additional procedures adopted by the administrator. CODA is experienced in

the reporting process through past partnering relationships with a Fund eligible certificated

provider.

Standard (3): Additional call data required from Internet-based Relay Providers. In addition

to the data required by section 64.604(c)(5)(iii)(C)(2), Internet-based Relay Providers seeking compensation from the Fund shall submit speed of answer compliance data.

CODA Compliance: CODA affirmatively acknowledges its obligation to provide speed of

answer compliance data to the Fund administrator and Commission.

Standard (4): "Providers submitting call record and speed of answer data in compliance with sections 64.604(c)(5)(iii)(C)(2) and (3) shall (i) employ an automated record keeping system to capture such data required pursuant to section 64.604(c)(5)(iii)(C)(2) for each TRS call for which minutes are submitted to the fund administrator for compensation; and

(ii) submit such data electronically, in a standardized format. For purposes of this

subparagraph, an automated record keeping system is a system that captures data in a computerized and electronic format that does not allow human intervention during the call session for either conversation or session time."

CODA Compliance: CODA affirmatively acknowledges its obligation to provide data through

an automated record keeping system which captures required data, formats for reporting, and

reports. As addressed in confidential Exhibit B, CODA's VRS platform has automated record

keeping capabilities for reporting purposes that precludes human intervention during call

sessIOns.

35


Standard (5): CertifICation. The chief executive officer (CEO), chief rmancial officer (CFO), or other senior executive of a TRS provider with first hand knowledge of the accuracy and completeness of the information provided, when submitting a request for compensation from the TRS Fund must, with each such request," certify the truth and accuracy of the data and that such requests for compensation to not result from "impermissible financial incentives or payments to generate calls" pursuant to Section 225 of the Communications Act and the Commission's rules and orders .

CODA Compliance: CODA affirmatively acknowledges its obligation to, and will, certify

through its President and Chief Executive Officer that each and every request for compensation

are truthful, accurate, and do not result from any impermissible financial incentives or payments

to generate calls.

Standard (6): Audits. The fund administrator and the Commission, including the Office of Inspector General, shall have the authority to examine and verify TRS provider data as necessary to assure the accuracy and integrity of TRS Fund payments. TRS providers must submit to audits annually or at times determined appropriate by the Commission, the fund administrator, or by an entity approved by the Commission for such purpose. A TRS provider that fails to submit to a requested audit, or fails to provide documentation necessary for verification upon reasonable request, will be subject to an automatic suspension of payment until it submits to the requested audit or provides sufficient documentation.

CODA Compliance: CODA affirmatively acknowledges its obligation to, and will, submit to

annual or at times determined by the auditing entity, to audits from the fund administrator and

the Commission, including the Office of Inspector General. CODA will provide all such data

and documentation as requested by the auditing entity to for examination and verification of the

data submitted as necessary to assure the accuracy and integrity of TRS Fund payments.

36


Standard (7): Call data record retention. Internet-based TRS providers shall retain the data required to be submitted by this section, and all other call detail records, other records that support their claims for payment from the TRS Fund, and records used to substantiate the costs and expense data submitted in the annual relay service data request form, in an electronic format that is easily retrievable, for a minimum of fIVe years.

CODA Compliance: CODA affirmatively acknowledges its obligation to, and will, retain the

data required to be submitted by this section, and all other call detail records, other records that

support its claims for payment from the TRS Fund, and records used to substantiate the costs and

expense data submitted in the annual relay service data request form, in an electronic format that

is easily retrievable, for a minimum of five years.

D. Information filed with the administrator. (47 C.F.R. 64.604(c)(5)(iii)(I»4o

CODA Compliance: CODA affirmatively acknowledges the obligation of its President and

Chief Executive Officer ("CEO"), Chief Financial Officer ("CFO"), or other senior executive to

each instance, certify, under penalty of perjury, that the minutes for which Fund compensation is

requested are in compliance with U.S. Code Title 47 Section 22541 and the Commission's rules

and orders, and are not the result of impermissible financial incentives or payments to generate

calls. The CEO, CFO, or other senior executive will certify under penalty of perjury to the TRS

Fund administrator that such information is true and correct.

40 Sections 64.604(c)(5)(iii)(D)(Reserved), 64.604(c)(5)(iii)(E), Payments to TRS providers, 64.604(c)(5)(iii)(F), TRS providers eligible for receiving payments from the TRS Fund, 64.604(c)(5)(iii)(G) intention to notify the Fund Administrator of participation in the Fund, 64.604(c)(5)(iii)(H) Administrator reporting, monitoring, and filing requirements, 64.604(c)(5)(iii)(J) The administrator's performance and this plan shall be reviewed by the Commission after two years, and 64.604(c)(5)(iii)(K) All parties providing services or contributions or receiving

payments under this section are subject to the enforcement provisions specified in the Communications Act, the Americans with Disabilities Act, and the Commission's rules, require no response, and are acknowledged by Applicant.

4147 U.S.C. §225.

37


E. Procedures for the suspensionlwithholding of payment. (47 C.F.R. 64.604( c )(5)(iii)(L))

Standard (1): The Fund administrator will continue the current practice of reviewing monthly requests for compensation of TRS minutes of use within two months after they are filed with the Fund administrator.

Standard (2): H the Fund administrator in consultation with the Commission, or the Commission on its own accord, determines that payments for certain minutes should be withheld, a TRS provider will be notified within two months from the date for the request for compensation was filed, as to why its claim for compensation has been withheld in whole or in part. TRS providers then will be given two additional months from the date of notification to provide additional justification for payment of such minutes of use. Such justification should be sufficiently detailed to provide the Fund administrator and the Commission the information needed to evaluate whether the minutes of use in dispute are compensable. H a TRS provider does not respond, or does not respond with sufficiently detailed information within two months after notification that payment for minutes of use is being withheld, payment for the minutes of use in dispute will be denied permanently.

Standard (3): H, the VRS provider submits additional justification for payment of the minutes of use in dispute within two months after being notified that its initial justification was insufficient, the Fund administrator or the Commission will review such additional justification documentation, and may ask further questions or conduct further investigation to evaluate whether to pay the TRS provider for the minutes of use in dispute, within eight months after submission of such additional justification.

Standard (4): H the provider meets its burden to establish that the minutes in question are compensable under the Commission's rules, the Fund administrator will compensate the provider for such minutes of use. Any payment by the Commission will not preclude any future action by either the Commission or the U.S. Department of .Justice to recover past payments (regardless of whether the payment was the subject of withholding) if it is determined at any time that such payment was for minutes billed to the Commission in violation of the Commission's rules or any other civil or criminal law.

Standard (5): H the Commission determines that the provider has not met its burden to demonstrate that the minutes of use in dispute are compensable under the Commission's rules, payment will be permanently denied. The Fund administrator or the Commission will notify the provider of this decision within one year of the initial request for payment.

CODA Compliance: Applicant affirmatively acknowledges, and avers compliance with, the

promulgated procedures for suspension/with holding of payment under amended Commission

rules.

38


F. Whistleblower protections. (47 C.F.R. 64.604(c)(5)(iii)(M))

Standard: Providers shall not take any reprisal in the form of a personnel action against any current or former employee or contractor who discloses to a designated manager of the provider, the Commission, the TRS Fund administrator or to any federal or state law enforcement entity, any information that the reporting person reasonably believes evidences known or suspected violations of the Communications Act or TRS regulations, or any other activity that the reporting person reasonably believes constitutes waste, fraud, or abuse, or that otherwise could result in the improper billing of minutes of use to the TRS Fund and discloses that information to a designated manager of the provider, the Commission, the TRS Fund administrator or to any federal or state law enforcement entity. Providers shall provide an accurate and complete description of these TRS whistleblower protections, including the right to notify the FCC's Office of Inspector General or its Enforcement Bureau, to all employees and contractors, in writing. Providers that already disseminate their internal business policies to its employees in writing (e.g. in employee handbooks, policies and procedures manuals, or bulletin board postings - either online or in hard copy) must include an accurate and complete description of these TRS whistleblower protections in those written materials.

CODA Compliance: CODA affirmatively acknowledges, and avers compliance with the

Whistleblower protections promulgated under amended Commission rules. CODA further

affirms that it shall not take any reprisal in the form of a personnel action against any current or

former employee or contractor who discloses to a designated manager of the provider, the

Commission, the TRS Fund administrator or to any federal or state law enforcement entity, any

information that the reporting person reasonably believes evidences known or suspected

violations of the Communications Act or TRS regulations, or any other activity that the reporting

person reasonably believes constitutes waste, fraud, or abuse, or that otherwise could result in the

improper billing of minutes of use to the TRS Fund and discloses that information to a

designated manager of the provider, the Commissio~ the TRS Fund administrator or to any

federal or state law enforcement entity. CODA provides an accurate and complete description of

its whistleblower protections, including the right to notify the FCC's Office of Inspector General

or its Enforcement Bureau, to all employees and contractors, in writing CODA has established a

Whistleblower policy consistent with Commission regulations, attached as Exhibit F.

39


G. AdditionalObligations. (47 C.F.R. 64.604(c)(5)(iii)(N»

(1) Eligibility for reimbursement from the TRS Fund.

Standard (i): Only an eligible VRS provider, as defined in subsection (c)(5)(iii)(F), may hold itself out to the general public as providing VRS.

Standard (ii): VRS service must be offered under the name by which the eligible VRS provider offering such service became certified and in a manner that clearly identifies that provider of the service. Where a TRS provider also utilizes sub-brands to identify its VRS, each sub-brand must clearly identify the eligible VRS provider. Providers must route all VRS calls through a single URL address used for each name or sub-brand used.

CODA Compliance: CODA affirmatively acknowledges, and avers compliance with its

obligation to identify itself to the Public as the Fund eligible certified entity. CODA will not

maintain any sub-brands; the Company's singular URL will remain www.callcodavrs.net.

Standard (iii): An eligible VRS provider may not contract with or otherwise authorize any third party to provide interpretation services or call center functions (including call distribution, call routing, call setup, mapping, call features, billing, and registration) on its behalf, unless that authorized third party also is an eligible provider.

CODA Compliance: CODA does not now, nor will it, contract with or otherwise authorize any

third party to provide interpretation services or call center functions (including call distribution,

call routing, call setup, mapping, call features, billing, and registration) on its behalf, unless that

authorized third party also is an eligible provider. As documented in confidential Exhibits A

through C, and all documentation, CODA will only contract with Fund eligible providers for all

call center functions, and then only to the extent necessary.

Standard (iv): To the extent that an eligible VRS provider contracts with or otherwise authorizes a third party to provide any other services or functions related to the provision of VRS other than interpretation services or call center functions, that third party must not hold itself out as a provider of VRS, and must clearly identify the eligible VRS provider to the public. To the extent an eligible VRS provider contracts with or authorizes a third party to provide any services or functions related to marketing or outreach, and such services utilize VRS, those VRS minutes are not compensable on a per minute basis from the TRS fund.

40


CODA Compliance: CODA does not contract for any services or functions related to the

provision of VRS, as may be verified by the Commission through a review of the entirety of

CODA's contracts.

Standard (v): All third-party contracts or agreements entered into by an eligible provider must be in writing. Copies of such agreements shall be made available to the Commission and to the TRS Fund administrator upon request.

CODA Compliance: CODA so acknowledges and is prepared to provide all contracts or

agreements to the Commission or designated auditor upon request.

(2) Call center reports. VRS providers shall :file a written report with the Commission and the TRS Fund administrator, on April 1 and October 1 of each year for each call center that handles VRS calls that the provider owns or controls, including centers located outside of the United States, that includes: (a) the complete street address of the center; (b) the number of individual CAs and CA managers; and (c) the name and contact information (phone number and email address) of the manager(s) at the center. VRS providers shall also :file written notification with the Commission and the TRS Fund administrator of any change in a center's location, including the opening, closing, or relocation of any center, at least 30 days prior to any such change.

CODA Compliance: CODA affirmatively acknowledges its responsibility to, and will make

semi-annual call center reports to the Commission and Fund Administrator on or before April 1

and October 1 of each year.

(3) Compensation of CAs. VRS providers may not compensate, give a preferential work schedule or otherwise benefit a CA in any manner that is based upon the number of VRS minutes or calIs that the CA relays, either individually or as part of a group.

CODA Compliance: CODA does not compensate, give a preferential work schedule or

otherwise benefit a CA in any manner that is based upon the number of VRS minutes or calls

that the CA relays, either individually or as part of a group, as can be verified by the

Commission.

41


(4) Remote training session calls. VRS calls to a remote training session or a comparable activity will not be compensable from the TRS Fund when the provider submitting minutes for such a call has been involved, in any manner, with such a training session. Such prohibited involvement includes training programs or comparable activities in which the provider or any affiliate or related party thereto, including but not limited to its subcontractors, partners, employees or sponsoring organizations or entities, has any role in arranging, scheduling, sponsoring, hosting, conducting or promoting such programs or activities.

CODA Compliance: CODA affirmatively acknowledges that VRS calls to a remote

training session or a comparable activity will not be compensable from the lRS Fund. CODA

states further that it has at no time sought Fund compensation for such calls.

IV. COMPLIANCE WITH THE WAIVED MANDITORY MINIMUM STANDARDS FOR THE PROVISION OF FEDERALLY-FUNDED VRS (47 C.F.R. §64.606(a)(2)(ii)t2

CODA continues to comply with those MMS that have been waived for VRS subscribers,

as follows.

1. One-line VCO, VCO-to-TTY, and VCO-to-VCO.

CODA Compliance: CODA has complied with the One-line VCO, VCO-to-ITY, and VCO-to-

VCO requirement since its inception. CODA has the capability of providing VRS for all call

types.

2. One-line HCO, HCO-to-TTY, and HCO-to-HCO.

CODA Compliance: CODA has complied with the One-line HCO, HCO-to-ITY, and HCO-to-

HCO requirement since its inception.

42 See 2011 VRS Waiver Extension Order.

42


3. Call Release. Call release allows a CA to set up a TTY -to-TTY call that, once established, does not require the CA to relay the conversation.

CODA Compliance: CODA has complied with the Call Release requirement since its inception.

Although CODA maintains this capability through call bridging, it has never had to process a

TTY -to-TTY call.

4. Pay-Per-Call (900) calls. Pay-per-call (900) calls are calls that the person making the call pays for at a charge greater than the basic cost of the call.

CODA Compliance: CODA has processed no such calls, but has the capability to do so in the

event such calls are placed.

5. Types of Calls (Operated Assisted Calls and Long Distance Calls). Commission rules require TRS providers to handle any type of call normally handled by common

carriers.

CODA Compliance: CODA maintains procedures that enable use of operator assisted calling

through the caller's preferred carrier or CODA's default presubscribed carrier's operator

services, and the ability to pass along caller credit card information for purposes of billing pay-

per-call calls. Since its inception, CODA has not billed callers for long distance services,

consistent with Equal Access obligations.

6. Equal Access to Interexchange Carriers. The TRS rules require that providers offer TRS users their interexchange carrier of choice to the same extent that such access is provided to voice users. Providers should specifically address the effect of the numbering and registered location requirements on the continuing need for this waiver.

CODA Compliance: CODA has complied with the Equal Access to Interexchange Carriers

requirement since its inceptio~ by not charging callers to place long distance calls. CODA

43


maintains that the new numbering and registered location requirements adopted in 2009 moot the

very need to maintain this exemption. Subscribers are effectively presubscribed to each VRS

provider. It is virtually inconceivable that a subscriber would request to be routed to an

interexchange carrier. The Deaf community has come to expect that interexchange calls placed

via VRS will not be subject to separate charges. Those subscribers who may also maintain

separate interexchange services are otherwise not impacted. CODA has not experienced an

instance where a caller has requested to be routed over a specific interexchange carrier before or

after implementation of the numbering and registered location requirements.

7. Speech-to-Speech. In the 2000 TRS Report & Order, the Commission recognized STS as a form of TRS and required that it be offered as a mandatory service. The Commission waived this requirement indef"mitely for VRS, noting that STS is a speech-based service, whereas VRS is a visual service using interpreters to interpret in sign language over a video connection.

CODA Compliance: As is the case with TIY -to-ITY calls, CODA maintains the technical

capability to process such calls, though its experience with such calls is non-existent.

v. ADDITIONAL COMPLIANCE REQUIREMENTS.

In addition to the foregoing, Applicant affirmatively acknowledges, and will comply

with, all applicable regulations associated with the provision ofVRS including but not limited to,

Section 64.611, Internet-based TRS registration, and 64.613, Numbering directory for Internet-

based TRS users, as amended, applicable Commission orders and policies, as may be amended

from time to time.

VI. PUBLIC INTEREST SHOWING.

CODA maintains that the grant of the instant Application is in the public interest.

CODA's certification will provide the Public generally, and Deaf and Hard of Hearing

community specifically with a real choice of responsible compliant provider. CODA is an

44


experienced provider with a legacy of responsible provision of service to the Deaf Community.

CODA's CAs and employees have deep ties to the Deaf Community and have made a

meaningful contribution to making simplified, functionally equivalent VRS available to the Deaf

and Hard of Hearing communities.

CODA VRS feels strongly that there is no better translator or interpreter available than a

native user of the language and culture. One can gain formal education and learn to speak a

language, but will never be as fluent as a native speaker. CODA hires and employs only native

signers; those who are bilingual and bicultural. CODA's subscribers have communicated a

substantive difference between CODA and other providers. Conversations are naturally smooth

and accurate with no uncomfortable silences evidenced by the fact that these communications are

being relayed by native users of both languages. Testament to CODA's capabilities reside in

customer testimonials attached at Exhibit G. CODA will bring subscribers and the Public closer

to true functional equivalency, accordingly, consistent with the public interest.

VII. CONCLUSION

By the instant Application, Exhibits, and statements made by the Company's President

and Chief Executive Officer subject to penalty of perjury, CODA hereby demonstrates that it

meets or exceeds the Commission's MMS, has met the Commission's certification requirements,

as amended, and is otherwise in compliance with Commission orders and policies governing the

provision of video relay services as a federal Telecommunications Relay Service Fund eligible

certificated provider. CODA respectfully requests that the Commission now grant CODA

certification as a Telecommunications Relay Service Fund eligible provider for the provision of

VRS and IP-Relay service, accordingly. CODA further requests that it be granted certification as

45


a Telecommunications Relay Service Fund eligible provider on or before October 1, 2011, to

ensure the seamless provision of services to its subscribers and Public.

A Verification attesting to the truth, accuracy, and completeness of this Application under

penalty of peIjury signed by me as President and Chief Executive Officer of CODA, pursuant to

Section 64.606(a)(2)(v), and notarized, is attached.43

Respectfully submitted this 2nd day of September, 2011,

By:

43 47 C.F.R. §64.606(a)(2)(v) [Interim].

Ms. Carol Halley President and Chief Executive Officer 16973 Covina Road Bend, Oregon 97707 Telephone: 541.350.6702

46

STATE OF OREGON

COUNTY OF DESCHUTES

) ) ss. )

VERIFICATION


I swear under penalty of peIjury that I am Carol Halley, President and Chief Executive

Officer of CODA VRS Corporation an officer of the above-named applicant, and that I have

examined the foregoing submissions, and that all information required under the Commission's

rules and orders has been provided and all statements of fact, as well as all documentation

contained in this submission, are true, accurate, and complete.

Carol Halley President and Chief Executive Officer 16973 Covina Road Bend, Oregon 97707 Telephone: 541.350.6702

Subscribed and sworn to before me this 2nd day of September, 2011

~~9-.q(M~ ~'S Notary Public in and for the State of Oregon

OFFICIAL SEAL GLORIAJ KANGAS

NOTARY PUBLlC·OREGON COMMISSION NO 443947


Washington, D.C. 20554

In the Matter of ) )

Structure and Practices of the Video Relay Service ) Program )

)

CG Docket No. 10-51

Internet-based TRS Certification Application

Of CODA VRS CORPORATION

Exhibit

A

B

C

D

E

F

G

H

I

LISTING OF EXHIDITS

Content

CONFIDENTIAL A copy of each lease for each call center operated by CODA

CONFIDENTIAL A description of the technology and equipment used to support call center functions

CONFIDENTIAL Proofs of purchase, leases or license agreements for all technology and equipment used to support their center functions, including a complete copy of any lease or license agreement for automatic call distribution

Statement that CODA will file annual compliance reports demonstrating continued compliance with Commission rules.

CONFIDENTIAL Complaint logs

CONFIDENTIAL Whistleblower Policy

Customer Testimonial Letters

CONFIDENTIAL Job Descriptions, mission statement, privacy policy, Quality Assurance standards, quality assurance overview

CONFIDENTIAL E-911 Call Flow Overview


CONFIDENTIAL Exhibit A

A copy of each lease for each call center operated by CODA

(Attached)


CONFIDENTIAL Exhibit B

A description of the technology and equipment used to support call center functions

(Attached)


CONFIDENTIAL Exhibit C

Proofs of purchase, leases or license agreements for all technology and equipment used to support call center functions, including a complete copy of any lease or license agreement

for automatic call distribution

(Attached)


ExhibitD

Statement that CODA will file annual compliance reports demonstrating continued compliance with Commission rules.

(Attached)

STATE OF OREGON

COUNTY OF DESCHUTES

) ) ss. )


STATEMENT OF COMPLIANCE REGARDING ANNUAL REPORTS

I, Carol Halley, first being duly sworn upon oa~ depose and say I am President and

Chief Executive Officer of CODA VRS Corporation ("ApplicanC), an Applicant for certification

as a federal Telecommunications Relay Service Fund ("Fund") provider eligible for

compensation from the Fund. Pursuant to section 64.606(a)(2)(iv) of the Commission's rules,44

applicants for certification as a Fund eligible provider are to make a statement that the applicant

will file annual compliance reports demonstrating continued compliance with applicable

Commission rules following certification. I swear under penalty of perjury that upon a grant of

certification, CODA VRS Corporation will file annual compliance reports demonstrating

continued compliance with applicable Commission rules for the provision of video relay services

on or before the date on which such compliance reports are due.

Pursuant to Section 64.606(g) of the Commission's rules45 "such [annual compliance]

reports must update the information required in paragraph (a)(2) of this section46 and include

updated documentation and a summary of the updates, or certify that there are no changes to the

information and documentation submitted with the application for certification, application for

renewal of certification, or the most recent annual report, as applicable." I further swear under

penalty of perjury that upon a grant of certification, CODA VRS Corporation will file annual

44 47 C.F.R. §64.606(aX2Xiv).

45 47 C.F.R. §64.606(g).

46 47 §64.606(a)(2).


compliance reports in accordance with the entirety of Section 64.606(g) of the Commission's

rules. Such annual reports will be examined by me first hand, and the accuracy and completeness

thereof will be further verified by me under oath as President and Chief Executive Officer of

CODA VRS Corporation subject to penalty of perjury.

BY:cJ~ Ms. Carol Halley President and Chief Executive Officer 16973 Covina Road Bend, Oregon 97707 Telephone: 541.350.6702

Subscribed and sworn to before me this 2nd day of September, 2011

;Ia!U~ 1/1) 11 cyt 5 Notary Public in and for the State of Oregon

CONFIDENTIAL Exhibit E

Complaint logs

(Attached)


ExhibitF

Whistleblower Policy

(Attached)



Exhibit G

Customer Testimonial Letters

(Attached)

5l18l2011 Gmail - Request Coda VRS

Carol Halley <[email protected]>

Request Coda VRS 1 message

Alex Bilenko <[email protected]> To: [email protected]

Wed, May 18,2011 at 11:30 AM

Dear FCC. We, Deafies request Coda VRS because My English is fourth language to need to see a qualify as CODA interpreting senAces. I can not understand Sorenson ASL interpreters who learned ASl in public or college education. An yoga teacher's English heavy accent is not clear = Non-Coda! Coda defines her/his sister or brother or parents are deaf and fluent natural language as fifst language. Most Important ASL is CODA. I did experience with other many many VRS in other companies that I did not experience and disliked them. Please keep Coda VRS fore~r. You would keep your grandmother and grandpa as same as CODA!! Thank you for understanding, Alex Bilenko

https:llmail.google.com/mail/?ui=2&ik ... 1/2

C~dil Carol Halley <[email protected]>

To Whom it may concern 1 message -----_._-------------------_._-------_._----- ._--_._-------

Bobbi Maucere <[email protected]> To: calicoda\1"[email protected]

To Whom it may concern:

Mon, May 23, 2011 at 1 :23 AM

My name is Bobbi Maucere of California. I am deaf. I am glad that relay seNces exist.

I choose callCODAVRS because the interpreters are doing remarkable jobs. I feel comfortable to use sign language to the interpreters. Also my relatiws and friends are more comfortable to talk more thru cailCODAVRS.with me.

I appeciate CalICODAVRS' job vey much

Sincerely yours, Bobbi Maucere

-.------------------- -----.. -----------.---------- .-~---.-.-------.----

support callcodavrs 1 message

kepi kitty kitty Tochen <[email protected]> To: callcodavs@gmaiLcom

Hi. ....•..


Mon, May 16, 2011 at 11:34 AM

I really like Callcodavs, alot because those people sign very clearly and do really good job. I choose Callcodavs more than sorenson vs. I had some bad experince with sorenson vs in past years and they sometime are sloopy in signing back.

So, I really want to keep Callcodavs more than others (sorenson vs and others). okay

I do support that Callcodavs do stay ..... smile

thanks, debbie T

C" . rvI. ';1' ···~al Carol Halley <[email protected]>

FCC 1 message

Indian Di <[email protected]> Sun, May 15, 2011 at 5:55 PM To: callcoda\fS@gmaiLcom

Hi FCC! I want to say that we both Kenneth Brown and Diana Higgins have enjoy our VP with CodaVrs Service .... They greet you smiling, and wiDing to help you in their nicest way ... We have a great communication with the coda interpeter with more clearing and understanding of what deaf peoples like us need. I have to say about Sorenson isn't compare nothing like CodaVrs .. .1 have talk to some Sorenson interpeter on Vp in past, some of them were rude to us ,feel so boring of our conservation with others on VP and trying hurry us up and click off immeidately on VP ..... WE feel more confident in CODA VRS than we do in SORENSON

Please donDttake our CODAVRS offourVP system ... We need them and they are the best we have seen of them of how they communicate us ..... We need their service ..... .

Thank you for ur time ..... Diana and Kenneth


Letters in Support of CODA VRS Sarah Hafer <[email protected]> Fri, May 20,2011 at 1:01 AM To: Carol HaUey <calicoda\ll'[email protected]>, coda\[email protected]

Hi Carol,

Here are the letters! :) They are ftom my dad, mom, partner Karen, and roommate Ryan along with myself.

fm so glad we could do something like this for your company! Roll on!

Hugs,

Sarah Hafer ASl Research Specialist Corina lab I Cognithe Neurolinguistic Research Center for Mind and Brain Unhersity of California, Da~s (530) 204-5385 .b1tr2:llmindbrain.ucdavis.edu/labs/Colina

5 attachments

.@"I Earl_LetterinSupportofCODAVRS.doc i::J 13K

. ~ Karen_LetterinSupportofCODAVRS.doc i::J 14K

ilW' Ryan_codaVRSLetter.doc EJ 15K

.@"t Sandra_LetterinSupporlofCODAVRS.doc EJ 22K

~ Sarah_CODAVRSSupportLetter.doc EJ 22K

I am doing for CODA VRS's support because I like these interpreters. I feel more comforting and relaxing while I talk with someone by one of them. CODA got an acquirement from deaf parents by raising orland influencing in their childhood. These help CODA interpreters becoming highly skills as ASL or straight English or between them.

I once tried for Sorenson and I feel this interpreter did not meet ASL level 5. which means it does not follow what I said.

I intend to stay with CODA VRS interpreters so please don't "mess up· with this. Thank you, Earl Hafer Jr.

To Whom it may concern,

I am writing to support CODA VRS. Over the past few years I have tried different VRS to connect to my deaf partner and deaf friends, and only CODA VRS has provided consistently high quality interpreters. The core of this unique service are interpreters who have spent their lives immersed in ASL, and therefore provide seamless interpreting and effortless communication. It has been extremely frustrating in the past using other VRS, who typically employ less skilled interpreters, because of the constant misinterpretations, and stuttered dialog. This leads to miscommunications in often critical conversations. For this reason I fully support CODA VRS and hope that the excellent service they provide will continue.

Regards, Karen Pepper

To Whom It May Concern,

As a codaVRS consumer, I find relief in knowing there is a video relay service that consists entirely of interpreters with a Deaf cultural background. Each interpreter I have worked with has been warm and friendly and never showed trepidation with their occupation. I recall one time I used a different video relay service and just before hanging up, the interpreter thanked me for signing slowly and clearly. It is naturally common sense that deaf and hard-of-hearing people should sign legibly while communicating with anybody like hearing people should speak clearly and not mumble; but with codaVRS, I never have to think twice about adjusting my signing in order to ensure I am understood by a foreigner, so to speak. I take comfort in knOwing my interpreter and I see eye to eye and hardly anything will get lost in translation. While I enjoy recognizing some interpreters from time to time the more I use codaVRS, I look forward to seeing more new faces as more CODAS are hired to work for a prosperous company!

Respectfully,

Ryan Barrett

To Carol,

In year 2009 I started using CODA VRS, and I realized how important CODA (Child of Deaf Adult) or CODA - LIKE interpreters can interpret that I do not need to worry if they understand my native ASL (American Sign Language) or not. Based on my bad experience with other VRS five years, they interpreted what I said to the other end; then later those folks on the other end told me they were confused what I said. They said I said such things ...... I said what? I never said that and that...1 meant I said that and that, not that what they were informed via those interpreters. It happened sometimes. I got so upset. Sometimes I had to change ASL to an artificially created signing English system, which represents the English that is actually my second language to my best as I COUld. My English is fairly weak, and sometimes the VRS interpreters still misunderstood what I mean. After I tried CODA VRS a few times; then I quit using other VRS companies for good. For about last 2 years I have been calling and using only CODA VRS. I can not live without CODA VRS because I never need to worry what if CODA VRS interpreter/s may misunderstand me. If they are not sure what I mean; they would stop and ask me "Is that what I mean?" or ask me for clarifying statement; so our communication between the other end and me is conveying across to each other smoothly. I really feel so comfortable with CODA VRS because I trust in its best qualfied interpreters. I just can not imagine to go without CODA VRS, and/or go back to other VRS companies.

My 2 deaf students, who are siblings, with severe physical limitations have been using CODA VRS all the time this year as they are so thrilled that interpreters can read their difficult signing signs! fingerspelling awkwardly and make communication smoothly between the other end and them. Last year they could not use VRS at school, where I work, due to their bad experience with other VRS companies sometimes in past until I introduced them to try CODA VRS at school. One of those siblings learned how to use it gradually until he became independently a few months ago. Their mother bought them a new big flat screen for their videophone only at their home because she is so grateful and thrilled that her sons can call and talk to her through CODA VRS. They are so thrilled and become more independently at home. They would be so lost without CODA VRS.

An elderly couple found that they prefer to make calls through CODA VRS for about a year now. They said they thanked me so much for introducing them to use it. They used to be frustrated many times that other VRS misunderstood them. Their own daughter said to them that she was so so grateful to have CODA VRS to do the best job to convey messages across each other. She said before they started using CODA VRS; there were some misunderstanding messages across each other. They use some old ASL CODA VRS interpreters can understand them well.

Please be serious to save and keep CODA VRS continually.

Thanks for your time and consideration,

Julia Sandra Russell

To Whom It May Concern,

When video relay services came to life back in early 2000's, there was only one company doing it and that was Sorenson Video Relay Services. Because it was the only company that provided such services at that time, there were many good interpreters working for the company. As time passed by. more and more VRS companies emerged and in the beginning only a couple or three VRS companies would have many good interpreters still whilst the rest were just okay or not at all good. Fast forward to many years later, VRS companies began providing services with video interpreters that were not supposed to be even in the business at all. The quality simply went plummeting and kept going that way. The deaf community members began asking each other What is up with our VRS companies and their many not-at-all-good interpreters these days?"

When CODA VRS got implemented in 2009, I was truly joyed out of knowing that is exactly what we so needed after having been without such quality by large since day one. Even when Sorenson was the only company providing video relay services back in early 2000's with their interpreters that were good but were not at all great by large.

Imagine yourself being a non-English speaking African and there were two folks ruming into your path. You just so happened to need a translator and those two folks knew how to speak your language. One of them is a Caucasian, who were in African studies back in college and had several years of experience with your native African language. The other one was actually from the very same village, also an African and is bilingual in spoken English.as well, and she had been born into the culture simply like you. Her ultimate fluent language skills from the same language that you use strikes a special chord in you on many different levels including, but not limited to, ultimatum language use, cultural aspects which actually tie right into certain parts in your language and certain cultural behaviors that also play key cues to determining the best possible translated words in English.

They both offered their help to translate for you and who would you pick? The bilingual African, naturally. This is exactly the same thing that happens when CODA VRS came into the lives of the deaf.

There is nothing that can equal to the feeling of dialing into CODA VRS and knowing it's guaranteed I would get the best American Sign language interpreter. And that is what aU deaf people should have, but, unfortunately, that has been nearly always the opposite case. Imagine million of minutes being spent with many VRS companies and their ·okay" to worse interpreters are the minutes that could have been saved only if they, by large, had CODA, CODA-like or even near-CODA-like interpreters. And who paid for those minutes ... You, FCC, and, ultimately, those monies came from us taxpayers.

In closure, I think it is pretty obvious that high tens should go to CODA VRS and please help keep them in the business!

Sarah Hafer Sacramento, CA P .5. CODA here means a child of deaf adults, which is meant to refer to the hearing child who was born into the deaf family and thus acquired the deaf culture as well as American Sign Language to the full extent as if they are deaf themselves.

here is letter [email protected] <[email protected]> To: callcoda'vf'[email protected] Cc: [email protected]

Coda'vf'S whom do it concern:


Thu, May 12, 2011 at 12:33 PM

I haw been using many alfferent 'vf'S seNce to make some calls. i found that coda 'vf'S that is the best for me because the coda interpreters know and understand us the deaf people. i also feel comfortable to talk with my relath.es thru coda 'vf'S. they do grow up with their deaf relatiws and know how to chat between me and them with no misunderstand. for business i do call - like dr oflices or others, no problem with coda 'vf'S interpreters at all. i am strong confident in cods interpreters. for other 'vf'S, i haw always haw some problems that they dont read me well awn thro I spelled out slowly. Please keep coda 'vf'S going. It is about two years for them to run the business. it take time for deaf people to find what'vf'S fit for them most of them do like coda 'vf'S. for me coda 'vf'S is rating ten while others 6 or below. thank you sincerely Janice logan

5l20l2011

(no subject) 1message

Janis Whitney <[email protected]> To: callcoda\[email protected]

To Whom It May Concern:

Gmail - (no subject)


Thu, May 19,2011 at 7:26 PM

Please save our codavrs! I can depend on them who can understand me better than any video relay services!!!!!! More more than I can say SAVE OUR CODAVRS!!!!!!!!!!

Janis Whitney

f

https://mail.google.com/mail/?ui=2&ik. .. 1/2

5/18/2011 Gmail - FW: Service

FW: Service 1 message

Karen - Covina Annex Bowman <[email protected]> To: "[email protected] <[email protected]>

frorR Karen - Covina Annex Bowman Sent: Tuesday, May 17, 201110:26 AM To: 'jd.naiiey@lgmaiLcom' SUbject: Service

To whom it may concern,


Wed, May 18,2011 at 10:15 AM

I wish to express much gratitude to the seJ'Aces I hme recehed from CaIiCodaVrs. All the interpreters are very qualified, and hale the Deaf CulturelUnguistic/SensitMty awareness which made my phone calls much smoother, efficient and professional.

As a sUpeNsor 10r the Social SenAces, it is VERY important that the messages are interpreted accurately and professionally. With CaIlCodaVrs, I nelef hale to worry about the quality of the #600 interpreters interpreting my calls. In fact when I recehe relay calls, I will get the names and numbers and call back through CaIiCodaVRS because I know that the communication will be facilitated smoothly and efficiently.

Should you hale questions, please do not hesitate to giw me a call. I can be reached at {6~6) :!,~§,-23e:4.

Karen Bowman

ASCSW, DCFS

https://mail.google.com/mail/?ui=2&ik. •.

5116/2011 Gmail - ATTN: Carol ,~~

L.~dlt Carol Halley <[email protected]>

ATTN: Carol 1 message

michelle hoskinson <[email protected]> To: [email protected]

Sun, May 15, 2011 at 9:07 PM

Whomto: 5116111

I am still interesting to keep coda vs business. Because I like and feeling confortable with the coda vs. and using to reliable the coda vs as better than Someson, Z4vs, Purple vs or others \/ideo relay seNce. I am feeling to beliew Coda Vrs are more high qualify an interperter seNce. If Coda vs closed, then I will not pleasure to call others interperter because they could be misunderstand or mis-talking to interperter other person.. They are unclear to understand my signs because they are repeating to ask me signs. so I dont like it and I prefer, I suggest that Codavs will keep this business and They are very expert highly communicate very clarify. I support to be consider the best Coda Vrs.

thank you, Michelle hoskinson

https:!lmaiLgoogle.com/mail/?ui=2&ik •.• 1/2

512012011 ... ~~

Gmail - {no subject}

~ .j,.·.f .... L.:JQ 1 i Carol Halley <[email protected]>

(no subject) 1 message

maria casey <[email protected]> To: [email protected]

Thu, May 19, 2011 at 6:58 PM

Letter to Support CodaVrs. I have been using Sorensen for long time till my friend introduced me to CodaVrs, I have been using them since, no more sorensen! Because they use ASL natla'ally and I felt I actual communicate with them as friend than think of them as interpreter. They can understand and are related with deaf culture vvell than other Vrs services. Also they do comprehense one of my student with physical limits that they patience and understand him well without with his aide need for signing interpretation. He felt independence on his own than no other Vrs service dont understand him. I strongly believe that it is so unfair for them to cut down when people with severely physical limits need them and please Bring CodaVrs back!!! Peace, Maria Casey

https://mail.google.com/mail!?ui=2&ik ... 1/2

5l18l2011 Gmail - please keep callcodavrs --,,..,-,~

L~ Carol Halley <[email protected]>

please keep callcodavrs 1 message

Nomi Sklaire <[email protected]> To: [email protected]

Wed, May 18,2011 at 9:12 AM

to fcc i am writing to tell you how much i really value callcodavrs codavrs is the best and has great quality of interpreters they are so tunan not like any other vrs who act like robots without being sensiti\le to deaf CtJItu"e and language not only codavrs are interpreters they are also advocate/cultural crossing experts to make no room for any unnecessary misunderstandings i experienced lots of big big big misunderstandings from other VIS there are really few good interpreters in any other vrs than codavrs even tho codavrs is a small business they are more warm and personal and time quality not time quantity please keep them if you decide to remove them i dart know if i will survive by dealing with other vrs mainly i use codavrs for important matters for example doctor or big personal family problems i still use other vrs for small talk for example what time will the store be open? again please keep them i beg you thank u \lery much for listening truly yours, nomi sklaire

https:/ImaiJ.google.com/mail!?ui=2&ik ... 1/2

5/18/2011


Richard Serjeant <[email protected]>

To whom it may concern Fcc

Gmail - (no subject)

I wanted you to know I haw used both types of interpreters seNces.


Tue, May 17, 2011 at 7:22 PM

My opinion is when using a smaller business, such as coda \IS, the experience was alot more satisfying. It seems like the workers have a better understanding of communications, since many of them are coda's. Being raised in a family that with deafness they already haw skills that help them work with others.

In the past I have used the bigger call centers and have had some diflicult times, we have a family friend that uses coda \IS and I think we get a much better ~sit.

It is important to keep the smaller businesses, ewryone has a right to choose which company they prefer.

Nancy Setjeant po box 62 South Beach, Or 97366

https://mail.google.com/mail/?ui=2&ik... 1/2

5/25/2011 Gmail - Hi Carol for the FCC


Hi Carol for the FCC 1 message

Patti Shea <[email protected]> 10: CodaVrs <[email protected]>

Wed, May 25,2011 at 6:56 AM

To the FCC, I want you to recognize CODA VRS as a valid VRS. In fact those interpreters are the CAs that most understand me. CODA VRS is the only pl"O\ider I want to use. I choose them for my calls first. I truly cherish CODA VRS sei'\4ces and I feel they don't do many of the awful thingsljudgement I'\e felt from other pro'tiders towards me in the past. They haw the most friendly inteq>reters who always do the job right. They know Deaf culture and they know the way I communicate. I refer other Deaf friends to call CODA VRS and they see the difference immediately.· It will be a tragedy if the right to choose a preferred pI"O\ider is stolen from me. I ask that CODA VRS is granted the right to continue operations. For the last two years I haw enjoyed my calls going so smooth, I won't be able to withstand a forced transition to a different pJtNder for my calls. Thank you for your time and consideration. Sincerely, Patti Shea

https:j/mail.google.com/mailRui=2&ik. .. 1/2

Gmail-Hello

Hello 1 message

richard h. mulvehill <[email protected]> Reply-To: [email protected] To: Gods Vrs <callcoda\f"[email protected]>


Fri, May 13, 2011 at 9:54 AM

I real like to keep your coda \f"S going on bettwer bee I intereset that their parent deaf WfN<I. Keep parentz's kids as interpreter successful as real. Keep that coda open to use Sent on the Sprint® Now Network from my BlackBerry®

https:/lmail.google.com!mail/?ui=2&ik ... 1/2

Gmail-FCC


FCC 1 message

Robert Biggins <[email protected]> To: callcoda\fs@gmaiLeom

This is Robert Biggins. I use callcodCMS all times cause they are very skillfull asl.

I can not find other that compare, I do not want callcoda\IJS disappear. Many low

those interpreters. Please do not rernow those skillful! interpreters. Thank you.

https://mail.google.com/mail/?ui=2&ik ...

Fri, May 13,2011 at 8:37 AM

1/2

5/12/2011 Gmail - (no subject) .,r--." .

Lr!1all Carol Halley <[email protected]>


[email protected] <[email protected]> Reply-To: [email protected]

Thu, May 12,2011 at 6:27 PM

To: Carol Halley <[email protected]>

To FCC

Wanna to tell u that my concering abt to keep my calling to callcoda\fS. It is wry wonderful person of C.O.D.A who work with deafies. It 5 wry wry understand what deafies explain in every words. Interpreters are good that with deafies. Please keep it all work with deafies when it call as need so badly. Hopeful u understand what interpterwho coda are best Thank u for ur consider abt it.

Take care Paula Farino Sent on the Sprint® Now Network fiom my BlackBerry®

https:/!mail.google.com/mail/?ui=2&ik ... 1/2


email to FCC or???? 1 message

[email protected] <[email protected]> Fri, May 13, 2011 at 11:00 AM To: [email protected]. [email protected], [email protected]

To whom it may concern:

I am sitting down and type you this delicate email. .. I am speaking for the deaf community all over AMERICA, our sweet land ....

First of aiL .. I am deaf, i am working on the professional field such as a mental health specialist/Drug/ Alcohol Counselor plus deaf interpreter/deaf advocate for approx 20 years ...

I use VRS faithfully even making about 10 to 15 calls every DAY ...

I love using Call Coda VRS ... This company is very UNIQUE, i am telling you ... I felt like I won lottery such as lots of hay in stack with tiny needle (hard to find) its like with CODA VRS .. its one of the RAREST ..... .

I have used numerous of VRS all over America, NO DOUBT .... CODAVRS is the best ... reason .... because they are children of deaf adult (CODA) they feel us, they sleep, eat, grow, Jive, breathe, do anything together since day 1.. .. CODA's main or original language is ASL and English is their 2nd language ... ASL is unwritten language, unspoken, language, visual language ....

I dent meant to be negative about other VRS Company I i can tell completely different between CODAVRS and many VRS Company .....

Why ... because CODAVRS has a group of expensive quality of interpreters who are CODA, very sensitive to deaf individuals such as callers, CODAVRS are II colorful and dynamic ll compare to other VRS companies .... I can See clear and loud, their attitudes are fOCUSing on money not the individual needs ... CODAVRS are tend to go for extra mile and knew what's the best for the deaf callers .. .

EXAMPLE. .. how would you feel... Hearing people have lots of choices many many many different churches they can choose to go ... compare to deaf community, its TOTALLY

unfair ..... where is their CHOICES free choice not FORCE choices .... AMERICA is full of free CHOICES not communists ... Please let us have our choices such as CODA VRS ..... Pls respect our wish and request and pis kindly leave CODA VRS alone .... any question or anything, pis don't hesitate to erroil me at [email protected] or SanD [email protected]

CODA VRSlly yours,

TJ Campbell-Carson

'" T errajan'"

To Whom It May Concern:

RE: Callcodavrs

Even tho, I used the callcodavrs only two times, I want to tell you how the

operators were doing, they were AWESOME! They just met my needs in the sign

language skills. They were very pleasant and I felt so warm with them the

minute we started. They were very skilled and picked up the words quicker than

other operators in other ventures. I did not have to repeat everything at all.

From now on I will use their service{s). Hopefully, you will keep its going on with

the service.

Sally Maxwell

Keizer, Oregon


dear fcc 1 message

[email protected] <[email protected]> Sat, May 14, 2011 at 12:31 PM To: callcodavs@gmaiLcom, ACTORPAUL [email protected], Paul Turner <[email protected]>

Dear FCC or Other,

I want a Compatible with codavrs providers, because Are Coda Vrs high top interpreters qualified. Always I am very cherished by Coda Vrs ... Why Coda and Deaf always the compatibly understand in language by American Sign Language. I can't afford lose Coda. Because I don't like Sorenson Vrs provider, I had noticed that Sorenson Vrs had Sloppy sign or fingerspell or leave message Video as "Iazy" always not great and it is not clear ... I choose by CODA VRSI I feelings my sister and brother our codavrs and always supporter!

Also I work at Federal Build often user CODA VRS as top interpreters qualified

Paul Turner

From: Richardson-Nelson, Tami <[email protected]> Date: Sat, Sep 19, 2009 at 6:33 PM Subject: referrals To: [email protected]

Hi:

I am very, very pleased with your services and I am working to help recruit more CODA's to join up with your business. I love being able to finally call a trusted service and know we will get an interpreter who actually can read us and understand us.

Our son is in the Army and we were finally able to have a nice conversation with him three weeks ago before he went out in the field and we have no contact with him. As a CODA he was finally happy that we found a service we could all communicate with.

I am here to help with referrals if that is no objection to your business.

Thank you so much,

Tami

Tami Richardson-Nelson, 8.G.S. Client Support Analyst I Department of Preventive Medicine Creighton University 2500 California Plaza Hixson-Lied Science Towers, Room 202 Omaha, NE 68178

e-mail: [email protected]

Phone: 402.280.2941 Fax: 402.280.1734

August 31, 2011

Re: CG Docket No.1 0-51 Report and Order and Further Notice of Proposed Rulemaking (FCC 11-54) CODAVRSVRS

Dear Chairman Genachowski and Commission Members:

I am writing on behalf of CODA VRS, a small Video Relay Service (VRS) serving not only the Nebraska area but nationwide, and who enlist and employ the help of CODA (Children of Deaf Adults), a select group of individuals who have the unique advantage of having learned the complex intricacies of signing by virtue of being hearing-abled children of deaf adults. Thus, CODA VRS insures that the deaf community has qualified and certified interpreters to assist in the accurate communication needs of the deaf individual. These small individual companies are generally located in local residences.

Being a member of the deaf community myself, I speak from personal experience when I state that before using CODA VRS, I relied heavily upon my son for my communication and interpretation needs. When he joined the Army and left home I was at a loss to find good and accurate interpretation service. After many attempts at the more "traditional" service agencies, oftentimes with poor results, I came upon CODA VRS and was thrilled , to find a service that met my communication needs. I hope the Commission appreciates that without good, reliable and accurate service, I am truly "without a voice."

CODA VRS has developed a business that is explicitly "honed" into the needs of the deaf individual. Because CODA VRS is a small business it sometimes relies on being able to use individual homes to "set up shop" which makes it more cost effective and a safe environment for those willing to work in this immensely important field. To ban CODA VRS from being able to conduct business within their homes would most likely force many of these offices out of business to the detriment of many deaf people.

I am writing to you today to give my support to all CODA VRS agencies and respectfully request the Commission's consideration at allowing them to continue maintaining their valuable services in meeting the needs of the Deaf community and modifying the Commission's request to prohibit VRS CAs from relaying calls and conducting their business from their homes while abiding by the Commission's request to submit a statement describing the location and staffing of their call centers twice a year with 30 days notice prior to any change in the location of such center.

I thank you in advance for your time and consideration. If I can be of any further help or clarification of this request, please feel free to contact me.

Respectfully,

Tami Richardson-Nelson 5255 Oak Hills Drive Omaha, NE 68137-3339 Phone:402-216H0690

.~ l .. ~ ~L::.I Carol Halley <[email protected]>

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Comment from Doreen [email protected] <[email protected]> Thu, Jul 1, 2010 at 7:50 PM Reply-To: [email protected] To: Carol Halley <[email protected]>

Doreen said she going2use CodaVrs all the time.She told her adult children abt it.They said no wonder CodaVrs terps know how 2terp while SVRS terp misunderstood Sent 'lAa BlackBeny from T-Mobile

it

Letter for FCC 1 message

Sue Held <[email protected]> To: [email protected]

Attached is the letter for FCC to read regarding CODAVRS.

Let me know if there is anything I could help you with.

RespectftJly.

Sue Held

FCC.jpg 942K


Wed, May 25, 2011 at 11:27 AM

May 25, 2011

Re: CG Docket No. 10-51 Report and Order and Further Notice of Proposed Rulemaking (FCC 11-54) CODAVRSVRS

Dear Chairman Genachowski and Commission Members:

I am writing on behalf of CODAVRS, a Video Relay Service (VRS) serving the deaf community nationwide. As you may know, CODAVRSenlists and employs children of deaf adults (CODA). These individuals have an advantage in that they have grown up mastering the art of signing merely because they are children of hearing impairedldeaf parents. To them, it is as important communication tool as would be a second language in bi-lingual families. The advantage of CODAVRS is that it insures that the deaf community has qualified and certified interpreters who must go through a rigorous certification process by the Registry Interpreters for the Deaf (RID) to assist in the accurate communication needs of the deaf individual.

Many times these individual businesses are located in local residences because they are generally small "mom and pop" type of businesses and it would be difficult to maintain their services if they were forced to lease a building. In fact, I think many would simply disappear because they could not continue doing business with the daunting costs of leasing a building.

I am writing to you today to give my support to all CODAVRS businesses and respectfully request the Commission's consideration in allowing CODAVRS to continue maintaining their valuable services in meeting the needs of the deaf community and modifying the Commission's request to prohibit VRS CAs from relaying calls and conducting this valuable service from their homes while abiding by the Commission's request to submit a statement describing the location and staffing of their call centers twice a year with 30 days notice prior to any change in the location of such center.

I thank you in advance for your time and consideration. If I can be of any further help to you or the Commission in any way, please feel free to contact me.

Respectfully,

LddA Sue Held [email protected] 612-424-4017


Personal experience for the FCC Letter 1 message

Meda Thompson <[email protected]> Mon, May 16, 2011 at 12:21 PM To: Carol Halley <[email protected]>, Jason Halley <[email protected]>

To Whom it may concern,

I would like to share my personal experience VJith Coda video reiay service. I have \iforked for a State Farm Insurance agent for 15 years and had severai deaf clients over that time, I have been constantly disappointed at the way the operator treats me during these cails, They are flat in tone and seem to hate their jobs. I made a cal! to a client a short while ago and was so impressed I had to ask her name but was only told her number was 605. She 't jOk'" '- 'k" ,.... ., ' th 1-' , spo~(e 0 me il, e 1 vvas La!. Hlg to m\l CUent us~ng tones Hl ner vo~ce ~ ~aL snOVieo SOfne

emotion and not that she was ready cue cards. She was surprised at my comments as she said she was doing her job and enjoyed it I have called severa! more times and an the operators are more sincere in tone than the pr2'iious services that I have used. 605 stands out in my mind as exceeding my expectations;=Dr a relay cal! and hope to get her on the !ine again as it comes over that she is confident and ioves what she is dOing, helping others have normal cans,

Thank you for impressing an office worker tna·: has heard too many automated ooerators.

Kind Regards

Shannon

Shannon Shaver

Bend, OR Q7'701

Shannon .Sh aver [email protected]

oleO.bmp 13K


CONFIDENTIAL Exhibit H

Job Descriptions, mission statement, privacy policy, Quality Assurance standards, quality assurance overview

(Attached)

CONFIDENTIAL Exhibit I

911 Call Flow Overview

(Attached)


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