CHAPTER 2.8. DUAL PARTY RELAY SERVICES FOR HEARING IMPAIRED AND SPEECH IMPAIRED PERSONS
IC 8-1-2.8
Chapter 2.8. Dual Party Relay Services for Hearing Impaired andSpeech Impaired Persons
IC 8-1-2.8-1
"ADA" defined
Sec. 1. As used in this chapter, "ADA" refers to the federalAmericans with Disabilities Act of 1990 (47 U.S.C. 225).
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-2
"Commission" defined
Sec. 2. As used in this chapter, "commission" refers to the Indianautility regulatory commission.
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-3
"Dual party relay services" defined
Sec. 3. (a) As used in this chapter, "dual party relay services"means telecommunications transmission services that provide theability for a person who has a hearing impairment or speechimpairment to engage in communication with a hearing person in amanner that is functionally equivalent to the ability of an individualwho does not have a hearing impairment or speech impairment tocommunicate using voice communication services.
(b) The term includes services that enable two-waycommunication between a person who uses a telecommunicationsdevice for individuals who are deaf or other nonvoice terminal anda person who does not use such a device.
As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.28;P.L.99-2007, SEC.31.
IC 8-1-2.8-4
"FCC" defined
Sec. 4. As used in this chapter, "FCC" refers to the FederalCommunications Commission.
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-5
"Hearing impaired or speech impaired person" defined
Sec. 5. As used in this chapter, "hearing impaired or speechimpaired person" means a person who is so certified by a licensedphysician, an otolaryngologist, a speech language pathologist, anaudiologist, or a qualified state agency.
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-6
"Indiana Telephone Relay Access Corporation for the Hearing andSpeech Impaired" defined
Sec. 6. As used in this chapter, "Indiana Telephone Relay Access
Corporation for the Hearing and Speech Impaired" or "InTRAC"means a corporation formed under IC 23-7-1.1 (before its repeal onAugust 1, 1991) or IC 23-17 that meets the requirements of section18 of this chapter.
As added by P.L.75-1991, SEC.1. Amended by P.L.1-2010, SEC.39.
IC 8-1-2.8-7
"Local exchange access service" defined
Sec. 7. As used in this chapter, "local exchange access service"means telephone exchange access lines or channels that provide localaccess to the local telecommunications network to effect the transferof information.
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-8
"Local exchange company" defined
Sec. 8. As used in this chapter, "local exchange company" or"LEC" refers to any communications service provider (as defined inIC 8-1-2.6-13(b)) that:
(1) has a certificate of territorial authority on file with thecommission; and
(2) is required to provide dual party relay services to hearingimpaired and speech impaired persons under federal law.
As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.29.
IC 8-1-2.8-9
"Telephone company" defined
Sec. 9. As used in this chapter, "telephone company" means:
(1) any natural person, firm, association, corporation, orpartnership, owning, leasing, or operating any lines, facilities,or systems used in the furnishing of telephone service; and
(2) any common carrier or carrier as those terms are defined inTitle IV of the ADA.
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-10
Findings and declarations
Sec. 10. The general assembly finds and declares the following:
(1) That it is in the public interest of the state to promptlyprovide hearing impaired or speech impaired persons withaccess to telecommunications services that are functionallyequivalent to those provided to hearing persons.
(2) That Title IV of the ADA mandates that each telephonecompany providing telephone service within the state mustprovide dual party relay services on or before July 26, 1993, tohearing impaired and speech impaired persons within theterritorial area or areas it serves in a manner that meets orexceeds the requirements of regulations prescribed by the FCC.
(3) That the most efficient, cost effective, and fair method forLECs to provide dual party relay services to hearing impaired
and speech impaired persons and to comply with the federalmandate without the use of tax revenues is the establishment ofthe Indiana Telephone Relay Access Corporation for theHearing and Speech Impaired under this chapter.
(4) That the provision of dual party relay services to hearingimpaired and speech impaired persons can be enhanced byproviding in appropriate circumstances in the sole discretion ofthe InTRAC telecommunications devices that facilitate accessto the dual party relay services.
As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.1;P.L.27-2006, SEC.30.
IC 8-1-2.8-11
Residential and business lines; surcharge
Sec. 11. Beginning on June 1, 1991, the commission shall requireeach LEC to impose a monthly surcharge in the amount of five cents($0.05) on each residential and business line (or line equivalent) ofits customers to fund and recover costs for developing and providingdual party relay services that may include in appropriatecircumstances in the sole discretion of the InTRAC providingtelecommunications devices to hearing impaired and speech impairedpersons.
As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.2.
IC 8-1-2.8-12
Adjustment of surcharge
Sec. 12. (a) The InTRAC may periodically apply to thecommission for an adjustment in the amount of the monthlysurcharge that a LEC must impose on its customers under thischapter. Before applying to the commission for such an adjustment,the InTRAC must do the following:
(1) Employ an independent accounting firm to review itssurcharge determinations and to review and audit thoseaccounts of the InTRAC and its members relevant to thesurcharge.
(2) File with the commission in connection with its applicationa copy of the report prepared by the accounting firm undersubdivision (1).
(b) When the InTRAC applies for an adjustment under thissection, the commission may perform audits and tests to verify thecalculation of the adjustment. However, the sole purpose of auditsand tests by the commission must be to assure that the revenueproduced by the surcharge is sufficient to cover the costs incurred bythe InTRAC in providing services that meet the requirementsimposed on telephone companies by the ADA. The costs incurred bythe InTRAC include the following:
(1) Costs for the development, continued operation andimprovement of dual party relay services that may include inappropriate circumstances in the sole discretion of the InTRACproviding telecommunications devices to hearing impaired and
speech impaired persons.
(2) The administrative costs of the InTRAC.
(3) The amount of reasonable reserves necessary to meet futurecosts.
(4) The amounts paid by the InTRAC to each LEC tocompensate the LEC for collection, inquiry, and otheradministrative services it provides for the surcharges.
(5) The amounts paid by the InTRAC to each LEC tocompensate the LEC for the necessary costs incurred by theLEC in facilitating inter-connection with and effecting use ofthe dual party relay service for their respective customers.
(c) It is the intent and purpose of this section that the InTRACshall have available to it at all times sufficient funding to develop,provide for, and maintain dual party relay services that meet orexceed the requirements imposed by the ADA.
As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.3.
IC 8-1-2.8-13
Approval of surcharge adjustment
Sec. 13. Unless the commission disapproves an application by theInTRAC for a surcharge adjustment within ninety (90) days of theapplication, the commission shall approve the adjustment, and theLEC may charge and collect an adjusted surcharge. However, thecommission may not approve an adjustment that results in a monthlysurcharge that exceeds forty cents ($0.40) per residential or businessline (or line equivalent).
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-14
Monthly bill; collection of surcharge
Sec. 14. A surcharge shall be collected on the regular monthly billthat a LEC sends to each of its customers. The surcharge may beseparately identified on customers' bills as a special surcharge for theprovision of services, including telecommunications devices asprovided in section 10(4) of this chapter, to hearing impaired andspeech impaired persons.
As added by P.L.75-1991, SEC.1. Amended by P.L.1-1992, SEC.30;P.L.80-1996, SEC.4.
IC 8-1-2.8-15
Accounting and recovery of costs
Sec. 15. All costs incurred by a LEC as a result of its compliancewith the ADA requirements to provide services to hearing impairedand speech impaired persons shall be accounted for separately andrecovered as required by the ADA and the FCC.
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-16
Exemption from taxes and fees
Sec. 16. The amount of money collected by a LEC in surcharges
under this chapter is exempt from all state income taxes and all feesimposed under IC 8-1-6.
As added by P.L.75-1991, SEC.1.
IC 8-1-2.8-17
Payments of surcharge
Sec. 17. A LEC that collects a surcharge under this chapter shallpay the amount collected for the surcharge on the terms and in themanner determined under section 21(2) of this chapter to anot-for-profit corporation formed under IC 23-7-1.1 (before its repealon August 1, 1991) or IC 23-17 and named "The Indiana TelephoneRelay Access Corporation for the Hearing and Speech Impaired".However, no payments under this section may be made to theInTRAC until the following occur:
(1) The InTRAC files with the commission the following:
(A) A certificate of existence issued by the secretary of statethat certifies that the InTRAC is in existence under Indianalaw.
(B) A certificate in which two (2) authorized officers of theInTRAC certify that the corporation meets the requirementsof section 18 of this chapter.
(C) A document executed by an authorized officer of theInTRAC in which the InTRAC agrees to meet therequirements of sections 18 and 21 of this chapter.
(2) Copies of the certificates described in subdivision (1)(A)and (1)(B) have been delivered to each LEC that collects thesurcharge required by this chapter.
As added by P.L.75-1991, SEC.1. Amended by P.L.1-2010, SEC.40.
IC 8-1-2.8-18
Articles of incorporation
Sec. 18. The articles of incorporation of the InTRAC must providethe following:
(1) The name of the corporation shall be "Indiana TelephoneRelay Access Corporation for the Hearing and SpeechImpaired".
(2) The sole purpose for which the InTRAC shall be organizedand operated is to provide at the lowest cost reasonablypossible:
(A) on behalf of LECs and the citizens of Indiana; and
(B) in conjunction with LECs;
adequate and dependable dual party relay services that mayinclude in appropriate circumstances in the sole discretion ofthe InTRAC telecommunications devices to hearing impairedand speech impaired persons within the territorial area inIndiana that LECs serve in a manner that meets or exceeds therequirements of regulations prescribed by the FCC.
(3) The InTRAC must have authority to perform any lawful actthat is necessary, convenient, or expedient to accomplish thepurpose for which the InTRAC is formed. (4) No part of the net earnings of the InTRAC may inure to thebenefit of any member, director, or officer of the InTRAC, norshall any member of the InTRAC receive any earnings from thecorporation except as follows:
(A) A member may be an independent contractor, a supplier,a vendor, or an authorized agent of the InTRAC and mayreceive fair and reasonable compensation for the member'sprovision of goods or services.
(B) An officer may receive reasonable compensation forservices that the officer performs in the officer's capacity asan officer of the InTRAC.
(C) A director may be reimbursed for expenses incurred bythe director in the performance of the director's duties.
(5) The InTRAC may not:
(A) make an advancement for services to be performed in thefuture; or
(B) make a loan of money or property to any director orofficer of the corporation.
(6) No member, director, or officer of the InTRAC or anyprivate individual may share in the distribution of any of theassets of the InTRAC upon its dissolution.
(7) If there is a dissolution of the InTRAC, any of the assets ofthe InTRAC available for distribution shall be distributed to acharity:
(A) selected by the board of directors of the InTRAC; and
(B) having a purpose that includes providing services tohearing impaired and speech impaired persons.
(8) The InTRAC shall have one (1) class of members consistingof those communications service providers that are designatedas authorized LECs by the commission.
(9) Each member of the InTRAC shall serve as a member for aslong as the commission finds that the member is a LEC. Amember's:
(A) right to vote at meetings of the members of the InTRAC;and
(B) right, title, and interest in or to the corporation;
cease on the termination of a member's membership.
(10) Each member present in person or by proxy at a meeting ofthe members of the InTRAC may cast one (1) vote upon eachquestion voted upon at:
(A) all meetings of the members; and
(B) in any election of a director of the InTRAC.
(11) The board of directors of the InTRAC consists of seven (7)directors selected as follows:
(A) Six (6) directors elected by the members of the InTRAC.
(B) The director of the state office of deaf and hearingimpaired services.
(12) The business, property, and affairs of the InTRAC aremanaged and controlled by the board of directors of theInTRAC.As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.5;P.L.27-2006, SEC.31.
IC 8-1-2.8-19
Articles of incorporation; additional provisions
Sec. 19. The articles of incorporation of the InTRAC may containprovisions in addition to those specified in section 18 of this chapterthat:
(1) the members of the InTRAC provide in accordance withIC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17;and
(2) do not violate the provisions required under section 18 ofthis chapter.
As added by P.L.75-1991, SEC.1. Amended by P.L.1-2010, SEC.41.
IC 8-1-2.8-20
Actions in pursuit of purposes
Sec. 20. (a) In pursuit of its purpose, the InTRAC may do thefollowing:
(1) Perform audits and tests of the accounts of a LEC to verifythe amounts described in section 12 of this chapter.
(2) Provide by contract dual party relay services tocommunications service providers operating outside Indiana ifthe effect of the contract:
(A) is to decrease the amount of surcharges imposed on thecustomers of members of the InTRAC; and
(B) does not sacrifice the quality of service that InTRACprovides for those customers in the absence of a contract.
(b) The actions described in subsection (a) are examples and arenot intended to limit in any way the scope or types of actions that theInTRAC may take in pursuit of its purposes.
As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.32.
IC 8-1-2.8-21
Duties of InTRAC
Sec. 21. The InTRAC shall do the following:
(1) Establish, implement, and administer, in whole or in part, astatewide dual party relay service system. Any contract for thesupply or operation of a dual party relay service system or forthe supply of telecommunications devices shall be providedthrough a competitively selected vendor.
(2) Determine the terms and manner in which each LEC shallpay to the InTRAC the surcharge required under this chapter.
(3) Annually review the costs it incurred during prior periods,make reasonable projections of anticipated fundingrequirements for future periods, and file a report of the resultsof the review and projections with the commission by May 1 ofeach year.
(4) Annually employ an independent accounting firm to prepareaudited financial statements for the end of each fiscal year of
the InTRAC to consist of:
(A) a balance sheet;
(B) a statement of income; and
(C) a statement of cash flow;
and file a copy of these financial statements with thecommission before May 2 of each year.
(5) Enter into contracts with any LEC to provide dual partyrelay services for the LEC, upon request by the LEC. However,the InTRAC:
(A) shall require reasonable compensation from the LEC forthe provision of these services;
(B) is not required to contract with its members; and
(C) shall provide dual party relay services to InTRACmembers for communications service originating with themembers' Indiana customers for no consideration other thanthe payment to the InTRAC of the surcharges collected bythe member under this chapter.
(6) Send to each of its members and file with the governor andthe general assembly before May 2 of each year an annualreport that contains the following:
(A) A description of the InTRAC's activities for the previousfiscal year.
(B) A description and evaluation of the dual party relayservices that the InTRAC provides.
(C) A report of the volume of services the InTRAC providedduring the previous fiscal year.
(D) A copy of the financial statements that subdivision (4)requires.
A report filed under this subdivision with the general assemblymust be in an electronic format under IC 5-14-6.
As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.6;P.L.28-2004, SEC.72; P.L.27-2006, SEC.33.
IC 8-1-2.8-22
Use of InTRAC services by nonmembers
Sec. 22. If:
(1) a communications service provider that is not a member ofInTRAC originates, carries, or terminates, in whole or in part,any telecommunication message that uses the InTRAC's dualparty relay services; and
(2) refuses to:
(A) enter into a contract with the InTRAC as provided insection 21(5) of this chapter; or
(B) pay any sums due under such a contract;
the InTRAC may apply to the commission for an order requiring justand reasonable payments or the payments that are due under thecontract. The InTRAC may enforce this order in the courts of thestate.
As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.34.
IC 8-1-2.8-23
Exemption of InTRAC from commission jurisdiction; affiliatedinterests
Sec. 23. (a) If the InTRAC meets the requirements of sections 18and 21 of this chapter, the InTRAC:
(1) is not a public utility;
(2) is not a telephone company or a communications serviceprovider; and
(3) is free from the jurisdiction and oversight of the commissionexcept as specifically provided in this chapter.
(b) The InTRAC is not an affiliated interest (as defined inIC 8-1-2-49). An officer, a director, or a member of the InTRAC maynot be construed to be an affiliated interest solely because that personor entity is an officer, a director, or a member of the InTRAC.
As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.35.
IC 8-1-2.8-24
Charitable purposes; exemptions
Sec. 24. If the InTRAC meets the requirements of sections 18 and21 of this chapter, the InTRAC:
(1) for purposes of all taxes imposed by the state or any countyor municipality in Indiana is an organization that is organizedand operated exclusively for charitable purposes; and
(2) qualifies for all exemptions applicable to thoseorganizations, including but not limited to those exemptions setforth in IC 6-2.5-5-21(b)(1)(B) and IC 6-1.1-10-16.
As added by P.L.75-1991, SEC.1. Amended by P.L.192-2002(ss),SEC.144.
IC 8-1-2.8-25
Immunity from civil liability
Sec. 25. The following are not liable in any civil action for anyinjuries or loss to persons or property incurred by any person as aresult of any act or omission of any person or entity listed insubdivisions (1) through (3) in connection with the development,adoption, implementation, maintenance, or operation of any systemthat provides dual party relay services or telecommunicationsdevices, except for injuries or losses incurred as a result of willful orwanton misconduct:
(1) The InTRAC.
(2) A LEC providing dual party relay services.
(3) An employee, a director, an officer, or an agent of an entitylisted in subdivision (1) or (2).
As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.7;P.L.27-2006, SEC.36.