§269-16.6  Telecommunications relay services
for the deaf, persons with hearing disabilities, and persons with speech
disabilities.  (a)  The public utilities commission shall implement
intrastate telecommunications relay services for the deaf, persons with hearing
disabilities, and persons with speech disabilities.



(b)  The commission shall investigate the
availability of experienced providers of quality telecommunications relay
services for the deaf, persons with hearing disabilities, and persons with speech
disabilities.  The provision of these telecommunications relay services to be
rendered on or after July 1, 1992, shall be awarded by the commission to the
provider or providers the commission determines to be best qualified to provide
these services.  In reviewing the qualifications of the provider or providers,
the commission shall consider the factors of cost, quality of services, and
experience, and such other factors as the commission deems appropriate.



(c)  If the commission determines that the telecommunications
relay service can be provided in a cost-effective manner by a service provider
or service providers, the commission may require every intrastate
telecommunications carrier to contract with such provider or providers for the
provision of the telecommunications relay service under the terms established
by the commission.



(d)  The commission may establish a surcharge
to collect customer contributions for telecommunications relay services
required under this section.



(e)  The commission may adopt rules to
establish a mechanism to recover the costs of administering and providing
telecommunications relay services required under this section.



(f)  The commission shall require every
intrastate telecommunications carrier to file a schedule of rates and charges
and every provider of telecommunications relay service to maintain a separate
accounting for the costs of providing telecommunications relay services for the
deaf, persons with hearing disabilities, and persons with speech disabilities.



(g)  Nothing in this section shall preclude the
commission from changing any rate established pursuant to this section either
specifically or pursuant to any general restructuring of all telephone rates,
charges, and classifications.



(h)  As used in this section:



"Telecommunications relay services"
means telephone transmission services that provide an individual who has a
hearing or speech disability the ability 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 or speech disability
to communicate using wire or radio voice communication services. 
"Telecommunications relay services" includes services that enable
two-way communication using text telephones or other nonvoice terminal devices,
speech-to-speech services, video relay services, and non-English relay
services. [L 1988, c 207, §2; am L 1989, c 295, §2; am L 1991, c 63, §2; am L
1995, c 225, §§4, 5; am L 2003, c 50, §2]