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FCC Proposes Rules for Retiring TTY Machines, Over O'Rielly, Wireless Industry Concerns

The FCC Thursday approved an NPRM that examines effectively ending text technology (TTY) in favor of real-time text (RTT), as expected (see 1604070067). While the transition has the support of all five commissioners, Commissioner Mike O’Rielly partially dissented, complaining that the FCC is proposing to pick winners and losers in the NPRM. The notice proposes that the FCC recognize RTT as a replacement for TTY starting in December 2017 for larger carriers, the FCC said in a news release. The NPRM also asks questions on a similar transition for IP-based wireline networks.

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TTY machines are the typewriter-like devices that for decades were the only alternative for the deaf and hard of hearing to communicate on the phone. AT&T, Cellular South and Verizon have all received temporary waivers to use RTT as a substitute for TTY (see 1512210045).

O’Rielly questioned the need to impose new regulations rather than allow the market to develop. “The commission is asking questions that could dictate the functions and development of RTT,” he said. For example, the NPRM asks about character and text capabilities, quality standards for latency and error rates, and the ability for users to talk and use RTT at the same time.

I’d like to see RTT develop in the marketplace in and of itself,” O’Rielly said at a news conference following the commission meeting. “The providers are working on this. … It’s going to take some time to develop and roll out. We don’t know exactly what it’s going to look like.” The proposed rules, for example, that require that RTT has to be embedded in the phone and if it's an app, it has to come installed, he said, “... Those things have not been shown to be necessary.”

Commissioner Ajit Pai said at the news conference that he shares O’Rielly’s concerns that the FCC proposes to specify technical standards and goes beyond its statutory mandate in the NPRM. But Pai said he is pleased that the FCC “is finally embracing the IP transition as it applies to the deaf and hard of hearing community.”

CTIA said in a statement that the FCC should avoid overly prescriptive rules. “To avoid inhibiting advances that will continue enhancing communications accessibility, we believe the FCC must adopt flexible, technology‑neutral rules that will better reflect how people with disabilities increasingly use innovative wireless products and services,” said Scott Bergmann, vice president-regulatory affairs.

Bob Quinn, AT&T senior vice president-federal regulatory, echoed O’Rielly’s concerns in a blog post. The transition is “long overdue,” he said. The NPRM seemingly “spends too much time looking backward to the rules associated with the ‘antiquated technology with technical and functional limitations’ of TTY rather than forward to spur the innovations brought about by RTT,” Quinn said. The FCC’s focus “should be on retiring 1960s-era TTY services and not on micromanaging the details of its replacement,” he said.

TTY was deployed widely to help the deaf, hard-of-hearing and those with speech impediments communicate, Commissioner Jessica Rosenworcel said. “There was a time when it was revolutionary; that date has long since passed,” she said. “The machines are bulky and cumbersome devices, with none of the sleek features of today’s smartphones.”

We officially and enthusiastically embrace a more modern solution, that takes advantage of the technological innovations and services developed over the last five decades,” Commissioner Mignon Clyburn said. She said the proposed rules would allow continued use of TTY devices by some senior citizens, rural residents and "those who do not have or cannot afford high-speed Internet access."

Clearly, TTY is the past & real-time text is the future,” Chairman Tom Wheeler tweeted. “It’s time we updated our rules to speed the transition.”