Last July, the CRTC issued a joint broadcasting and telecom regulatory policy order [2009-430] setting out certain obligations to improve access to communications servicesĀ for “persons with disabilities.”
Among the requirements, the CRTC gave telecommunications service providers one year to provide a new relay service – Internet Protocol Relay Service (IP Relay).
In an IP Relay call, the relay operator transmits messages via Internet Protocol (IP)-based text conversation with a person with a hearing or speech disability and via voice conversation with a person without such a disability. The person with a hearing or speech disability communicates using text with the relay operator via the Internet and accesses the IP Relay service through the IP Relay provider’s Web page or an Instant Messaging application using IP-based text messaging supported on a web-enabled device (mobile wireless phone, smartphone, web-capable telephone, etc.).
The CRTC found that IP Relay is technically possible and that there was a significant surplus of funding available from the fees collected to support the old TTY based relay service. On the CRTC’s relay service information page, the Commission describes the modernization plans:
Previously, the CRTC determined that all wireline (traditional), wireless, and Voice over IP (VoIP) service providers were responsible for giving their customers access to TTY relay service. Broadcasting and Telecom Regulatory Policy 2009-430 extends the message relay service requirements. One year from the date it was issued, all phone companies that are required to provide TTY relay service (i.e. local phone companies, wireless providers, VOIP phone providers) will be required to give customers access to IP relay service. [emphasis added]
But let’s look at the actualĀ Order [paragraph 21 of 2009-430]:
The Commission directs all LECs, including wireless CLECs, and VoIP providers that are required to provide TTY Relay to provide IP Relay, 24 hours a day, 7 days a week, by 21 July 2010. [emphasis added]
What about wireless service providers that are not CLECs? The information page creates the expectation among consumers that all wireless service providers will provide IP Relay by July 21, but the actual orderĀ does notĀ impose that requirement.
Also, recall the issues surrounding the CRTC’s forbearance of mobile data services that I discussed last week. If IP Relay is determined to be associated with voice services, then under Section 24 of the Telecom Act, the CRTC could order mobile providers that aren’t CLECs to offer IP Relay services. On the other hand, there may be an argument that the mobile provider’s side of the service is actually a mobile data service and the CRTC has forborne from regulatingĀ mobile data under Section 24.
People with hearing or speech disabilities should be switching to mobile services and getting rid of their wireline service. When you stop to think about the target community, their best communications device would be a mobile smart phone equipped with plan that has virtually no voice minutesĀ but unlimited text and data.Ā
Does the CRTC Order fully align with the needs of these consumers?