• On October 18, 2011, the U.S. Court of Appeals for the Tenth Circuit dismissed the appeal of Sorensen Communications from the FCC’s reduced compensation rates for Video Relay Service (VRS) providers. VRS providers enable people with hearing disabilities to communicate with a hearing person by means of a video link and a communications assistant. Sorensen challenged the FCC-set rates on the ground that they would prevent providers from meeting the “functional equivalent” standard and FCC speed-of-answering requirements. The court of appeals rejected the challenge as factually insufficient: “Even under Sorensen’s doomsday scenario, is increased wait times fall well below the 120-second threshold set by the FCC for functional equivalence.” The court likewise rejected Sorensen’s arguments that the lower rates would necessarily cause Sorensen and others to miss the FCC’s availability and efficiency standards. Finally, the court rejected the argument that the rates are arbitrary and capricious: “Both [rates] were efforts to calculate the actual costs of providing VRS services, and both treated the same categories of costs as reimbursable.” Sorensen Commc’ns, Inc. v. FCC, Nos. 10-9536 et al. (10th Cir.).