47 U.S.C. § 225 : US Code - Section 225: Telecommunications services for hearing-impaired and speech-impaired individuals

Search 47 U.S.C. § 225 : US Code - Section 225: Telecommunications services for hearing-impaired and speech-impaired individuals

(a) Definitions
As used in this section -
(1) Common carrier or carrier
The term "common carrier" or "carrier" includes any common
carrier engaged in interstate communication by wire or radio as
defined in section 153 of this title and any common carrier
engaged in intrastate communication by wire or radio,
notwithstanding sections 152(b) and 221(b) of this title.
(2) TDD
The term "TDD" means a Telecommunications Device for the Deaf,
which is a machine that employs graphic communication in the
transmission of coded signals through a wire or radio
communication system.
(3) Telecommunications relay services
The term "telecommunications relay services" means telephone
transmission services that provide the ability for an individual
who has a hearing impairment or speech impairment to engage in
communication by wire or radio with a hearing individual in a
manner that is functionally equivalent to the ability of an
individual who does not have a hearing impairment or speech
impairment to communicate using voice communication services by
wire or radio. Such term includes services that enable two-way
communication between an individual who uses a TDD or other
nonvoice terminal device and an individual who does not use such
a device.
(b) Availability of telecommunications relay services
(1) In general
In order to carry out the purposes established under section
151 of this title, to make available to all individuals in the
United States a rapid, efficient nationwide communication
service, and to increase the utility of the telephone system of
the Nation, the Commission shall ensure that interstate and
intrastate telecommunications relay services are available, to
the extent possible and in the most efficient manner, to hearing-
impaired and speech-impaired individuals in the United States.
(2) Use of general authority and remedies
For the purposes of administering and enforcing the provisions
of this section and the regulations prescribed thereunder, the
Commission shall have the same authority, power, and functions
with respect to common carriers engaged in intrastate
communication as the Commission has in administering and
enforcing the provisions of this subchapter with respect to any
common carrier engaged in interstate communication. Any violation
of this section by any common carrier engaged in intrastate
communication shall be subject to the same remedies, penalties,
and procedures as are applicable to a violation of this chapter
by a common carrier engaged in interstate communication.
(c) Provision of services
Each common carrier providing telephone voice transmission
services shall, not later than 3 years after July 26, 1990, provide
in compliance with the regulations prescribed under this section,
throughout the area in which it offers service, telecommunications
relay services, individually, through designees, through a
competitively selected vendor, or in concert with other carriers. A
common carrier shall be considered to be in compliance with such
regulations -
(1) with respect to intrastate telecommunications relay
services in any State that does not have a certified program
under subsection (f) of this section and with respect to
interstate telecommunications relay services, if such common
carrier (or other entity through which the carrier is providing
such relay services) is in compliance with the Commission's
regulations under subsection (d) of this section; or
(2) with respect to intrastate telecommunications relay
services in any State that has a certified program under
subsection (f) of this section for such State, if such common
carrier (or other entity through which the carrier is providing
such relay services) is in compliance with the program certified
under subsection (f) of this section for such State.
(d) Regulations
(1) In general
The Commission shall, not later than 1 year after July 26,
1990, prescribe regulations to implement this section, including
regulations that -
(A) establish functional requirements, guidelines, and
operations procedures for telecommunications relay services;
(B) establish minimum standards that shall be met in carrying
out subsection (c) of this section;
(C) require that telecommunications relay services operate
every day for 24 hours per day;
(D) require that users of telecommunications relay services
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 point of origination to point of termination;
(E) prohibit relay operators from failing to fulfill the
obligations of common carriers by refusing calls or limiting
the length of calls that use telecommunications relay services;
(F) prohibit relay operators from disclosing the content of
any relayed conversation and from keeping records of the
content of any such conversation beyond the duration of the
call; and
(G) prohibit relay operators from intentionally altering a
relayed conversation.
(2) Technology
The Commission shall ensure that regulations prescribed to
implement this section encourage, consistent with section 157(a)
of this title, the use of existing technology and do not
discourage or impair the development of improved technology.
(3) Jurisdictional separation of costs
(A) In general
Consistent with the provisions of section 410 of this title,
the Commission shall prescribe regulations governing the
jurisdictional separation of costs for the services provided
pursuant to this section.
(B) Recovering costs
Such regulations shall generally provide that costs caused by
interstate telecommunications relay services shall be recovered
from all subscribers for every interstate service and costs
caused by intrastate telecommunications relay services shall be
recovered from the intrastate jurisdiction. In a State that has
a certified program under subsection (f) of this section, a
State commission shall permit a common carrier to recover the
costs incurred in providing intrastate telecommunications relay
services by a method consistent with the requirements of this
section.
(e) Enforcement
(1) In general
Subject to subsections (f) and (g) of this section, the
Commission shall enforce this section.
(2) Complaint
The Commission shall resolve, by final order, a complaint
alleging a violation of this section within 180 days after the
date such complaint is filed.
(f) Certification
(1) State documentation
Any State desiring to establish a State program under this
section shall submit documentation to the Commission that
describes the program of such State for implementing intrastate
telecommunications relay services and the procedures and remedies
available for enforcing any requirements imposed by the State
program.
(2) Requirements for certification
After review of such documentation, the Commission shall
certify the State program if the Commission determines that -
(A) the program makes available to hearing-impaired and
speech-impaired individuals, either directly, through
designees, through a competitively selected vendor, or through
regulation of intrastate common carriers, intrastate
telecommunications relay services in such State in a manner
that meets or exceeds the requirements of regulations
prescribed by the Commission under subsection (d) of this
section; and
(B) the program makes available adequate procedures and
remedies for enforcing the requirements of the State program.
(3) Method of funding
Except as provided in subsection (d) of this section, the
Commission shall not refuse to certify a State program based
solely on the method such State will implement for funding
intrastate telecommunication relay services.
(4) Suspension or revocation of certification
The Commission may suspend or revoke such certification if,
after notice and opportunity for hearing, the Commission
determines that such certification is no longer warranted. In a
State whose program has been suspended or revoked, the Commission
shall take such steps as may be necessary, consistent with this
section, to ensure continuity of telecommunications relay
services.
(g) Complaint
(1) Referral of complaint
If a complaint to the Commission alleges a violation of this
section with respect to intrastate telecommunications relay
services within a State and certification of the program of such
State under subsection (f) of this section is in effect, the
Commission shall refer such complaint to such State.
(2) Jurisdiction of Commission
After referring a complaint to a State under paragraph (1), the
Commission shall exercise jurisdiction over such complaint only
if -
(A) final action under such State program has not been taken
on such complaint by such State -
(i) within 180 days after the complaint is filed with such
State; or
(ii) within a shorter period as prescribed by the
regulations of such State; or
(B) the Commission determines that such State program is no
longer qualified for certification under subsection (f) of this
section.