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

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

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

(d)  The commission may establish a surchargeto collect customer contributions for telecommunications relay servicesrequired under this section.

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

(f)  The commission shall require everyintrastate telecommunications carrier to file a schedule of rates and chargesand every provider of telecommunications relay service to maintain a separateaccounting for the costs of providing telecommunications relay services for thedeaf, persons with hearing disabilities, and persons with speech disabilities.

(g)  Nothing in this section shall preclude thecommission from changing any rate established pursuant to this section eitherspecifically 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 ahearing or speech disability the ability to engage in communication by wire orradio with a hearing individual in a manner that is functionally equivalent tothe ability of an individual who does not have a hearing or speech disabilityto communicate using wire or radio voice communication services. "Telecommunications relay services" includes services that enabletwo-way communication using text telephones or other nonvoice terminal devices,speech-to-speech services, video relay services, and non-English relayservices. [L 1988, c 207, §2; am L 1989, c 295, §2; am L 1991, c 63, §2; am L1995, c 225, §§4, 5; am L 2003, c 50, §2]