IC 8-1-2.8
Chapter 2.8. Dual Party Relay Services for Hearing Impaired and
Speech Impaired Persons
IC 8-1-2.8-1 "ADA" defined
Sec. 1. As used in this chapter, "ADA" refers to the federal
Americans 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 Indiana
utility 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 the
ability for a person who has a hearing impairment or speech
impairment to engage in communication with a hearing person 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.
(b) The term includes services that enable two-way
communication between a person who uses a telecommunications
device for individuals who are deaf or other nonvoice terminal and
a 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 Federal
Communications 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 speech
impaired person" means a person who is so certified by a licensed
physician, an otolaryngologist, a speech language pathologist, an
audiologist, 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 and
Speech 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 on
August 1, 1991) or IC 23-17 that meets the requirements of section
18 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 local
access to the local telecommunications network to effect the transfer
of 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 in
IC 8-1-2.6-13(b)) that:
(1) has a certificate of territorial authority on file with the
commission; and
(2) is required to provide dual party relay services to hearing
impaired 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, or
partnership, 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 in
Title 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 promptly
provide hearing impaired or speech impaired persons with
access to telecommunications services that are functionally
equivalent to those provided to hearing persons.
(2) That Title IV of the ADA mandates that each telephone
company providing telephone service within the state must
provide dual party relay services on or before July 26, 1993, to
hearing impaired and speech impaired persons within the
territorial area or areas it serves in a manner that meets or
exceeds the requirements of regulations prescribed by the FCC.
(3) That the most efficient, cost effective, and fair method for
LECs to provide dual party relay services to hearing impaired
and speech impaired persons and to comply with the federal
mandate without the use of tax revenues is the establishment of
the Indiana Telephone Relay Access Corporation for the
Hearing and Speech Impaired under this chapter.
(4) That the provision of dual party relay services to hearing
impaired and speech impaired persons can be enhanced by
providing in appropriate circumstances in the sole discretion of
the InTRAC telecommunications devices that facilitate access
to 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 require
each LEC to impose a monthly surcharge in the amount of five cents
($0.05) on each residential and business line (or line equivalent) of
its customers to fund and recover costs for developing and providing
dual party relay services that may include in appropriate
circumstances in the sole discretion of the InTRAC providing
telecommunications devices to hearing impaired and speech impaired
persons. 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 the
commission for an adjustment in the amount of the monthly
surcharge that a LEC must impose on its customers under this
chapter. Before applying to the commission for such an adjustment,
the InTRAC must do the following:
(1) Employ an independent accounting firm to review its
surcharge determinations and to review and audit those
accounts of the InTRAC and its members relevant to the
surcharge.
(2) File with the commission in connection with its application
a copy of the report prepared by the accounting firm under
subdivision (1).
(b) When the InTRAC applies for an adjustment under this
section, the commission may perform audits and tests to verify the
calculation of the adjustment. However, the sole purpose of audits
and tests by the commission must be to assure that the revenue
produced by the surcharge is sufficient to cover the costs incurred by
the InTRAC in providing services that meet the requirements
imposed on telephone companies by the ADA. The costs incurred by
the InTRAC include the following:
(1) Costs for the development, continued operation and
improvement of dual party relay services that may include in
appropriate circumstances in the sole discretion of the InTRAC
providing 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 future
costs.
(4) The amounts paid by the InTRAC to each LEC to
compensate the LEC for collection, inquiry, and other
administrative services it provides for the surcharges.
(5) The amounts paid by the InTRAC to each LEC to
compensate the LEC for the necessary costs incurred by the
LEC in facilitating inter-connection with and effecting use of
the dual party relay service for their respective customers.
(c) It is the intent and purpose of this section that the InTRAC
shall have available to it at all times sufficient funding to develop,
provide for, and maintain dual party relay services that meet or
exceed 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 the
InTRAC for a surcharge adjustment within ninety (90) days of the
application, the commission shall approve the adjustment, and the
LEC may charge and collect an adjusted surcharge. However, the
commission may not approve an adjustment that results in a monthly
surcharge that exceeds forty cents ($0.40) per residential or business
line (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 bill
that a LEC sends to each of its customers. The surcharge may be
separately identified on customers' bills as a special surcharge for the
provision of services, including telecommunications devices as
provided in section 10(4) of this chapter, to hearing impaired and
speech 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 compliance
with the ADA requirements to provide services to hearing impaired
and speech impaired persons shall be accounted for separately and
recovered 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 fees
imposed 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 shall
pay the amount collected for the surcharge on the terms and in the
manner determined under section 21(2) of this chapter to a
not-for-profit corporation formed under IC 23-7-1.1 (before its repeal
on August 1, 1991) or IC 23-17 and named "The Indiana Telephone
Relay Access Corporation for the Hearing and Speech Impaired".
However, no payments under this section may be made to the
InTRAC until the following occur:
(1) The InTRAC files with the commission the following:
(A) A certificate of existence issued by the secretary of state
that certifies that the InTRAC is in existence under Indiana
law.
(B) A certificate in which two (2) authorized officers of the
InTRAC certify that the corporation meets the requirements
of section 18 of this chapter.
(C) A document executed by an authorized officer of the
InTRAC in which the InTRAC agrees to meet the
requirements 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 the
surcharge 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 provide
the following:
(1) The name of the corporation shall be "Indiana Telephone
Relay Access Corporation for the Hearing and Speech
Impaired".
(2) The sole purpose for which the InTRAC shall be organized
and operated is to provide at the lowest cost reasonably
possible:
(A) on behalf of LECs and the citizens of Indiana; and
(B) in conjunction with LECs;
adequate and dependable dual party relay services that may
include in appropriate circumstances in the sole discretion of
the InTRAC telecommunications devices to hearing impaired
and speech impaired persons within the territorial area in
Indiana that LECs serve in a manner that meets or exceeds the
requirements of regulations prescribed by the FCC.
(3) The InTRAC must have authority to perform any lawful act
that is necessary, convenient, or expedient to accomplish the
purpose for which the InTRAC is formed.
(4) No part of the net earnings of the InTRAC may inure to the
benefit of any member, director, or officer of the InTRAC, nor
shall any member of the InTRAC receive any earnings from the
corporation except as follows:
(A) A member may be an independent contractor, a supplier,
a vendor, or an authorized agent of the InTRAC and may
receive fair and reasonable compensation for the member's
provision of goods or services.
(B) An officer may receive reasonable compensation for
services that the officer performs in the officer's capacity as
an officer of the InTRAC.
(C) A director may be reimbursed for expenses incurred by
the director in the performance of the director's duties.
(5) The InTRAC may not:
(A) make an advancement for services to be performed in the
future; or
(B) make a loan of money or property to any director or
officer of the corporation.
(6) No member, director, or officer of the InTRAC or any
private individual may share in the distribution of any of the
assets of the InTRAC upon its dissolution.
(7) If there is a dissolution of the InTRAC, any of the assets of
the InTRAC available for distribution shall be distributed to a
charity:
(A) selected by the board of directors of the InTRAC; and
(B) having a purpose that includes providing services to
hearing impaired and speech impaired persons.
(8) The InTRAC shall have one (1) class of members consisting
of those communications service providers that are designated
as authorized LECs by the commission.
(9) Each member of the InTRAC shall serve as a member for as
long as the commission finds that the member is a LEC. A
member'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 of
the members of the InTRAC may cast one (1) vote upon each
question 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 hearing
impaired services.
(12) The business, property, and affairs of the InTRAC are
managed and controlled by the board of directors of the
InTRAC.
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 contain
provisions in addition to those specified in section 18 of this chapter
that:
(1) the members of the InTRAC provide in accordance with
IC 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 of
this 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 the
following:
(1) Perform audits and tests of the accounts of a LEC to verify
the amounts described in section 12 of this chapter.
(2) Provide by contract dual party relay services to
communications service providers operating outside Indiana if
the effect of the contract:
(A) is to decrease the amount of surcharges imposed on the
customers of members of the InTRAC; and
(B) does not sacrifice the quality of service that InTRAC
provides for those customers in the absence of a contract.
(b) The actions described in subsection (a) are examples and are
not intended to limit in any way the scope or types of actions that the
InTRAC 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, a
statewide dual party relay service system. Any contract for the
supply or operation of a dual party relay service system or for
the supply of telecommunications devices shall be provided
through a competitively selected vendor.
(2) Determine the terms and manner in which each LEC shall
pay to the InTRAC the surcharge required under this chapter.
(3) Annually review the costs it incurred during prior periods,
make reasonable projections of anticipated funding
requirements for future periods, and file a report of the results
of the review and projections with the commission by May 1 of
each year.
(4) Annually employ an independent accounting firm to prepare
audited 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 the
commission before May 2 of each year.
(5) Enter into contracts with any LEC to provide dual party
relay services for the LEC, upon request by the LEC. However,
the InTRAC:
(A) shall require reasonable compensation from the LEC for
the provision of these services;
(B) is not required to contract with its members; and
(C) shall provide dual party relay services to InTRAC
members for communications service originating with the
members' Indiana customers for no consideration other than
the payment to the InTRAC of the surcharges collected by
the member under this chapter.
(6) Send to each of its members and file with the governor and
the general assembly before May 2 of each year an annual
report that contains the following:
(A) A description of the InTRAC's activities for the previous
fiscal year.
(B) A description and evaluation of the dual party relay
services that the InTRAC provides.
(C) A report of the volume of services the InTRAC provided
during the previous fiscal year.
(D) A copy of the financial statements that subdivision (4)
requires.
A report filed under this subdivision with the general assembly
must 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 of
InTRAC originates, carries, or terminates, in whole or in part,
any telecommunication message that uses the InTRAC's dual
party relay services; and
(2) refuses to:
(A) enter into a contract with the InTRAC as provided in
section 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 just
and reasonable payments or the payments that are due under the
contract. The InTRAC may enforce this order in the courts of the
state. 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; affiliated
interests
Sec. 23. (a) If the InTRAC meets the requirements of sections 18
and 21 of this chapter, the InTRAC:
(1) is not a public utility;
(2) is not a telephone company or a communications service
provider; and
(3) is free from the jurisdiction and oversight of the commission
except as specifically provided in this chapter.
(b) The InTRAC is not an affiliated interest (as defined in
IC 8-1-2-49). An officer, a director, or a member of the InTRAC may
not be construed to be an affiliated interest solely because that person
or 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 and
21 of this chapter, the InTRAC:
(1) for purposes of all taxes imposed by the state or any county
or municipality in Indiana is an organization that is organized
and operated exclusively for charitable purposes; and
(2) qualifies for all exemptions applicable to those
organizations, including but not limited to those exemptions set
forth 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 any
injuries or loss to persons or property incurred by any person as a
result of any act or omission of any person or entity listed in
subdivisions (1) through (3) in connection with the development,
adoption, implementation, maintenance, or operation of any system
that provides dual party relay services or telecommunications
devices, except for injuries or losses incurred as a result of willful or
wanton misconduct:
(1) The InTRAC.
(2) A LEC providing dual party relay services.
(3) An employee, a director, an officer, or an agent of an entity
listed 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.
IC 8-1-2.8
Chapter 2.8. Dual Party Relay Services for Hearing Impaired and
Speech Impaired Persons
IC 8-1-2.8-1 "ADA" defined
Sec. 1. As used in this chapter, "ADA" refers to the federal
Americans 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 Indiana
utility 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 the
ability for a person who has a hearing impairment or speech
impairment to engage in communication with a hearing person 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.
(b) The term includes services that enable two-way
communication between a person who uses a telecommunications
device for individuals who are deaf or other nonvoice terminal and
a 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 Federal
Communications 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 speech
impaired person" means a person who is so certified by a licensed
physician, an otolaryngologist, a speech language pathologist, an
audiologist, 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 and
Speech 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 on
August 1, 1991) or IC 23-17 that meets the requirements of section
18 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 local
access to the local telecommunications network to effect the transfer
of 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 in
IC 8-1-2.6-13(b)) that:
(1) has a certificate of territorial authority on file with the
commission; and
(2) is required to provide dual party relay services to hearing
impaired 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, or
partnership, 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 in
Title 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 promptly
provide hearing impaired or speech impaired persons with
access to telecommunications services that are functionally
equivalent to those provided to hearing persons.
(2) That Title IV of the ADA mandates that each telephone
company providing telephone service within the state must
provide dual party relay services on or before July 26, 1993, to
hearing impaired and speech impaired persons within the
territorial area or areas it serves in a manner that meets or
exceeds the requirements of regulations prescribed by the FCC.
(3) That the most efficient, cost effective, and fair method for
LECs to provide dual party relay services to hearing impaired
and speech impaired persons and to comply with the federal
mandate without the use of tax revenues is the establishment of
the Indiana Telephone Relay Access Corporation for the
Hearing and Speech Impaired under this chapter.
(4) That the provision of dual party relay services to hearing
impaired and speech impaired persons can be enhanced by
providing in appropriate circumstances in the sole discretion of
the InTRAC telecommunications devices that facilitate access
to 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 require
each LEC to impose a monthly surcharge in the amount of five cents
($0.05) on each residential and business line (or line equivalent) of
its customers to fund and recover costs for developing and providing
dual party relay services that may include in appropriate
circumstances in the sole discretion of the InTRAC providing
telecommunications devices to hearing impaired and speech impaired
persons. 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 the
commission for an adjustment in the amount of the monthly
surcharge that a LEC must impose on its customers under this
chapter. Before applying to the commission for such an adjustment,
the InTRAC must do the following:
(1) Employ an independent accounting firm to review its
surcharge determinations and to review and audit those
accounts of the InTRAC and its members relevant to the
surcharge.
(2) File with the commission in connection with its application
a copy of the report prepared by the accounting firm under
subdivision (1).
(b) When the InTRAC applies for an adjustment under this
section, the commission may perform audits and tests to verify the
calculation of the adjustment. However, the sole purpose of audits
and tests by the commission must be to assure that the revenue
produced by the surcharge is sufficient to cover the costs incurred by
the InTRAC in providing services that meet the requirements
imposed on telephone companies by the ADA. The costs incurred by
the InTRAC include the following:
(1) Costs for the development, continued operation and
improvement of dual party relay services that may include in
appropriate circumstances in the sole discretion of the InTRAC
providing 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 future
costs.
(4) The amounts paid by the InTRAC to each LEC to
compensate the LEC for collection, inquiry, and other
administrative services it provides for the surcharges.
(5) The amounts paid by the InTRAC to each LEC to
compensate the LEC for the necessary costs incurred by the
LEC in facilitating inter-connection with and effecting use of
the dual party relay service for their respective customers.
(c) It is the intent and purpose of this section that the InTRAC
shall have available to it at all times sufficient funding to develop,
provide for, and maintain dual party relay services that meet or
exceed 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 the
InTRAC for a surcharge adjustment within ninety (90) days of the
application, the commission shall approve the adjustment, and the
LEC may charge and collect an adjusted surcharge. However, the
commission may not approve an adjustment that results in a monthly
surcharge that exceeds forty cents ($0.40) per residential or business
line (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 bill
that a LEC sends to each of its customers. The surcharge may be
separately identified on customers' bills as a special surcharge for the
provision of services, including telecommunications devices as
provided in section 10(4) of this chapter, to hearing impaired and
speech 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 compliance
with the ADA requirements to provide services to hearing impaired
and speech impaired persons shall be accounted for separately and
recovered 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 fees
imposed 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 shall
pay the amount collected for the surcharge on the terms and in the
manner determined under section 21(2) of this chapter to a
not-for-profit corporation formed under IC 23-7-1.1 (before its repeal
on August 1, 1991) or IC 23-17 and named "The Indiana Telephone
Relay Access Corporation for the Hearing and Speech Impaired".
However, no payments under this section may be made to the
InTRAC until the following occur:
(1) The InTRAC files with the commission the following:
(A) A certificate of existence issued by the secretary of state
that certifies that the InTRAC is in existence under Indiana
law.
(B) A certificate in which two (2) authorized officers of the
InTRAC certify that the corporation meets the requirements
of section 18 of this chapter.
(C) A document executed by an authorized officer of the
InTRAC in which the InTRAC agrees to meet the
requirements 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 the
surcharge 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 provide
the following:
(1) The name of the corporation shall be "Indiana Telephone
Relay Access Corporation for the Hearing and Speech
Impaired".
(2) The sole purpose for which the InTRAC shall be organized
and operated is to provide at the lowest cost reasonably
possible:
(A) on behalf of LECs and the citizens of Indiana; and
(B) in conjunction with LECs;
adequate and dependable dual party relay services that may
include in appropriate circumstances in the sole discretion of
the InTRAC telecommunications devices to hearing impaired
and speech impaired persons within the territorial area in
Indiana that LECs serve in a manner that meets or exceeds the
requirements of regulations prescribed by the FCC.
(3) The InTRAC must have authority to perform any lawful act
that is necessary, convenient, or expedient to accomplish the
purpose for which the InTRAC is formed.
(4) No part of the net earnings of the InTRAC may inure to the
benefit of any member, director, or officer of the InTRAC, nor
shall any member of the InTRAC receive any earnings from the
corporation except as follows:
(A) A member may be an independent contractor, a supplier,
a vendor, or an authorized agent of the InTRAC and may
receive fair and reasonable compensation for the member's
provision of goods or services.
(B) An officer may receive reasonable compensation for
services that the officer performs in the officer's capacity as
an officer of the InTRAC.
(C) A director may be reimbursed for expenses incurred by
the director in the performance of the director's duties.
(5) The InTRAC may not:
(A) make an advancement for services to be performed in the
future; or
(B) make a loan of money or property to any director or
officer of the corporation.
(6) No member, director, or officer of the InTRAC or any
private individual may share in the distribution of any of the
assets of the InTRAC upon its dissolution.
(7) If there is a dissolution of the InTRAC, any of the assets of
the InTRAC available for distribution shall be distributed to a
charity:
(A) selected by the board of directors of the InTRAC; and
(B) having a purpose that includes providing services to
hearing impaired and speech impaired persons.
(8) The InTRAC shall have one (1) class of members consisting
of those communications service providers that are designated
as authorized LECs by the commission.
(9) Each member of the InTRAC shall serve as a member for as
long as the commission finds that the member is a LEC. A
member'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 of
the members of the InTRAC may cast one (1) vote upon each
question 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 hearing
impaired services.
(12) The business, property, and affairs of the InTRAC are
managed and controlled by the board of directors of the
InTRAC.
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 contain
provisions in addition to those specified in section 18 of this chapter
that:
(1) the members of the InTRAC provide in accordance with
IC 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 of
this 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 the
following:
(1) Perform audits and tests of the accounts of a LEC to verify
the amounts described in section 12 of this chapter.
(2) Provide by contract dual party relay services to
communications service providers operating outside Indiana if
the effect of the contract:
(A) is to decrease the amount of surcharges imposed on the
customers of members of the InTRAC; and
(B) does not sacrifice the quality of service that InTRAC
provides for those customers in the absence of a contract.
(b) The actions described in subsection (a) are examples and are
not intended to limit in any way the scope or types of actions that the
InTRAC 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, a
statewide dual party relay service system. Any contract for the
supply or operation of a dual party relay service system or for
the supply of telecommunications devices shall be provided
through a competitively selected vendor.
(2) Determine the terms and manner in which each LEC shall
pay to the InTRAC the surcharge required under this chapter.
(3) Annually review the costs it incurred during prior periods,
make reasonable projections of anticipated funding
requirements for future periods, and file a report of the results
of the review and projections with the commission by May 1 of
each year.
(4) Annually employ an independent accounting firm to prepare
audited 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 the
commission before May 2 of each year.
(5) Enter into contracts with any LEC to provide dual party
relay services for the LEC, upon request by the LEC. However,
the InTRAC:
(A) shall require reasonable compensation from the LEC for
the provision of these services;
(B) is not required to contract with its members; and
(C) shall provide dual party relay services to InTRAC
members for communications service originating with the
members' Indiana customers for no consideration other than
the payment to the InTRAC of the surcharges collected by
the member under this chapter.
(6) Send to each of its members and file with the governor and
the general assembly before May 2 of each year an annual
report that contains the following:
(A) A description of the InTRAC's activities for the previous
fiscal year.
(B) A description and evaluation of the dual party relay
services that the InTRAC provides.
(C) A report of the volume of services the InTRAC provided
during the previous fiscal year.
(D) A copy of the financial statements that subdivision (4)
requires.
A report filed under this subdivision with the general assembly
must 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 of
InTRAC originates, carries, or terminates, in whole or in part,
any telecommunication message that uses the InTRAC's dual
party relay services; and
(2) refuses to:
(A) enter into a contract with the InTRAC as provided in
section 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 just
and reasonable payments or the payments that are due under the
contract. The InTRAC may enforce this order in the courts of the
state. 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; affiliated
interests
Sec. 23. (a) If the InTRAC meets the requirements of sections 18
and 21 of this chapter, the InTRAC:
(1) is not a public utility;
(2) is not a telephone company or a communications service
provider; and
(3) is free from the jurisdiction and oversight of the commission
except as specifically provided in this chapter.
(b) The InTRAC is not an affiliated interest (as defined in
IC 8-1-2-49). An officer, a director, or a member of the InTRAC may
not be construed to be an affiliated interest solely because that person
or 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 and
21 of this chapter, the InTRAC:
(1) for purposes of all taxes imposed by the state or any county
or municipality in Indiana is an organization that is organized
and operated exclusively for charitable purposes; and
(2) qualifies for all exemptions applicable to those
organizations, including but not limited to those exemptions set
forth 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 any
injuries or loss to persons or property incurred by any person as a
result of any act or omission of any person or entity listed in
subdivisions (1) through (3) in connection with the development,
adoption, implementation, maintenance, or operation of any system
that provides dual party relay services or telecommunications
devices, except for injuries or losses incurred as a result of willful or
wanton misconduct:
(1) The InTRAC.
(2) A LEC providing dual party relay services.
(3) An employee, a director, an officer, or an agent of an entity
listed 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.
IC 8-1-2.8
Chapter 2.8. Dual Party Relay Services for Hearing Impaired and
Speech Impaired Persons
IC 8-1-2.8-1 "ADA" defined
Sec. 1. As used in this chapter, "ADA" refers to the federal
Americans 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 Indiana
utility 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 the
ability for a person who has a hearing impairment or speech
impairment to engage in communication with a hearing person 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.
(b) The term includes services that enable two-way
communication between a person who uses a telecommunications
device for individuals who are deaf or other nonvoice terminal and
a 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 Federal
Communications 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 speech
impaired person" means a person who is so certified by a licensed
physician, an otolaryngologist, a speech language pathologist, an
audiologist, 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 and
Speech 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 on
August 1, 1991) or IC 23-17 that meets the requirements of section
18 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 local
access to the local telecommunications network to effect the transfer
of 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 in
IC 8-1-2.6-13(b)) that:
(1) has a certificate of territorial authority on file with the
commission; and
(2) is required to provide dual party relay services to hearing
impaired 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, or
partnership, 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 in
Title 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 promptly
provide hearing impaired or speech impaired persons with
access to telecommunications services that are functionally
equivalent to those provided to hearing persons.
(2) That Title IV of the ADA mandates that each telephone
company providing telephone service within the state must
provide dual party relay services on or before July 26, 1993, to
hearing impaired and speech impaired persons within the
territorial area or areas it serves in a manner that meets or
exceeds the requirements of regulations prescribed by the FCC.
(3) That the most efficient, cost effective, and fair method for
LECs to provide dual party relay services to hearing impaired
and speech impaired persons and to comply with the federal
mandate without the use of tax revenues is the establishment of
the Indiana Telephone Relay Access Corporation for the
Hearing and Speech Impaired under this chapter.
(4) That the provision of dual party relay services to hearing
impaired and speech impaired persons can be enhanced by
providing in appropriate circumstances in the sole discretion of
the InTRAC telecommunications devices that facilitate access
to 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 require
each LEC to impose a monthly surcharge in the amount of five cents
($0.05) on each residential and business line (or line equivalent) of
its customers to fund and recover costs for developing and providing
dual party relay services that may include in appropriate
circumstances in the sole discretion of the InTRAC providing
telecommunications devices to hearing impaired and speech impaired
persons. 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 the
commission for an adjustment in the amount of the monthly
surcharge that a LEC must impose on its customers under this
chapter. Before applying to the commission for such an adjustment,
the InTRAC must do the following:
(1) Employ an independent accounting firm to review its
surcharge determinations and to review and audit those
accounts of the InTRAC and its members relevant to the
surcharge.
(2) File with the commission in connection with its application
a copy of the report prepared by the accounting firm under
subdivision (1).
(b) When the InTRAC applies for an adjustment under this
section, the commission may perform audits and tests to verify the
calculation of the adjustment. However, the sole purpose of audits
and tests by the commission must be to assure that the revenue
produced by the surcharge is sufficient to cover the costs incurred by
the InTRAC in providing services that meet the requirements
imposed on telephone companies by the ADA. The costs incurred by
the InTRAC include the following:
(1) Costs for the development, continued operation and
improvement of dual party relay services that may include in
appropriate circumstances in the sole discretion of the InTRAC
providing 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 future
costs.
(4) The amounts paid by the InTRAC to each LEC to
compensate the LEC for collection, inquiry, and other
administrative services it provides for the surcharges.
(5) The amounts paid by the InTRAC to each LEC to
compensate the LEC for the necessary costs incurred by the
LEC in facilitating inter-connection with and effecting use of
the dual party relay service for their respective customers.
(c) It is the intent and purpose of this section that the InTRAC
shall have available to it at all times sufficient funding to develop,
provide for, and maintain dual party relay services that meet or
exceed 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 the
InTRAC for a surcharge adjustment within ninety (90) days of the
application, the commission shall approve the adjustment, and the
LEC may charge and collect an adjusted surcharge. However, the
commission may not approve an adjustment that results in a monthly
surcharge that exceeds forty cents ($0.40) per residential or business
line (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 bill
that a LEC sends to each of its customers. The surcharge may be
separately identified on customers' bills as a special surcharge for the
provision of services, including telecommunications devices as
provided in section 10(4) of this chapter, to hearing impaired and
speech 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 compliance
with the ADA requirements to provide services to hearing impaired
and speech impaired persons shall be accounted for separately and
recovered 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 fees
imposed 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 shall
pay the amount collected for the surcharge on the terms and in the
manner determined under section 21(2) of this chapter to a
not-for-profit corporation formed under IC 23-7-1.1 (before its repeal
on August 1, 1991) or IC 23-17 and named "The Indiana Telephone
Relay Access Corporation for the Hearing and Speech Impaired".
However, no payments under this section may be made to the
InTRAC until the following occur:
(1) The InTRAC files with the commission the following:
(A) A certificate of existence issued by the secretary of state
that certifies that the InTRAC is in existence under Indiana
law.
(B) A certificate in which two (2) authorized officers of the
InTRAC certify that the corporation meets the requirements
of section 18 of this chapter.
(C) A document executed by an authorized officer of the
InTRAC in which the InTRAC agrees to meet the
requirements 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 the
surcharge 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 provide
the following:
(1) The name of the corporation shall be "Indiana Telephone
Relay Access Corporation for the Hearing and Speech
Impaired".
(2) The sole purpose for which the InTRAC shall be organized
and operated is to provide at the lowest cost reasonably
possible:
(A) on behalf of LECs and the citizens of Indiana; and
(B) in conjunction with LECs;
adequate and dependable dual party relay services that may
include in appropriate circumstances in the sole discretion of
the InTRAC telecommunications devices to hearing impaired
and speech impaired persons within the territorial area in
Indiana that LECs serve in a manner that meets or exceeds the
requirements of regulations prescribed by the FCC.
(3) The InTRAC must have authority to perform any lawful act
that is necessary, convenient, or expedient to accomplish the
purpose for which the InTRAC is formed.
(4) No part of the net earnings of the InTRAC may inure to the
benefit of any member, director, or officer of the InTRAC, nor
shall any member of the InTRAC receive any earnings from the
corporation except as follows:
(A) A member may be an independent contractor, a supplier,
a vendor, or an authorized agent of the InTRAC and may
receive fair and reasonable compensation for the member's
provision of goods or services.
(B) An officer may receive reasonable compensation for
services that the officer performs in the officer's capacity as
an officer of the InTRAC.
(C) A director may be reimbursed for expenses incurred by
the director in the performance of the director's duties.
(5) The InTRAC may not:
(A) make an advancement for services to be performed in the
future; or
(B) make a loan of money or property to any director or
officer of the corporation.
(6) No member, director, or officer of the InTRAC or any
private individual may share in the distribution of any of the
assets of the InTRAC upon its dissolution.
(7) If there is a dissolution of the InTRAC, any of the assets of
the InTRAC available for distribution shall be distributed to a
charity:
(A) selected by the board of directors of the InTRAC; and
(B) having a purpose that includes providing services to
hearing impaired and speech impaired persons.
(8) The InTRAC shall have one (1) class of members consisting
of those communications service providers that are designated
as authorized LECs by the commission.
(9) Each member of the InTRAC shall serve as a member for as
long as the commission finds that the member is a LEC. A
member'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 of
the members of the InTRAC may cast one (1) vote upon each
question 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 hearing
impaired services.
(12) The business, property, and affairs of the InTRAC are
managed and controlled by the board of directors of the
InTRAC.
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 contain
provisions in addition to those specified in section 18 of this chapter
that:
(1) the members of the InTRAC provide in accordance with
IC 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 of
this 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 the
following:
(1) Perform audits and tests of the accounts of a LEC to verify
the amounts described in section 12 of this chapter.
(2) Provide by contract dual party relay services to
communications service providers operating outside Indiana if
the effect of the contract:
(A) is to decrease the amount of surcharges imposed on the
customers of members of the InTRAC; and
(B) does not sacrifice the quality of service that InTRAC
provides for those customers in the absence of a contract.
(b) The actions described in subsection (a) are examples and are
not intended to limit in any way the scope or types of actions that the
InTRAC 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, a
statewide dual party relay service system. Any contract for the
supply or operation of a dual party relay service system or for
the supply of telecommunications devices shall be provided
through a competitively selected vendor.
(2) Determine the terms and manner in which each LEC shall
pay to the InTRAC the surcharge required under this chapter.
(3) Annually review the costs it incurred during prior periods,
make reasonable projections of anticipated funding
requirements for future periods, and file a report of the results
of the review and projections with the commission by May 1 of
each year.
(4) Annually employ an independent accounting firm to prepare
audited 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 the
commission before May 2 of each year.
(5) Enter into contracts with any LEC to provide dual party
relay services for the LEC, upon request by the LEC. However,
the InTRAC:
(A) shall require reasonable compensation from the LEC for
the provision of these services;
(B) is not required to contract with its members; and
(C) shall provide dual party relay services to InTRAC
members for communications service originating with the
members' Indiana customers for no consideration other than
the payment to the InTRAC of the surcharges collected by
the member under this chapter.
(6) Send to each of its members and file with the governor and
the general assembly before May 2 of each year an annual
report that contains the following:
(A) A description of the InTRAC's activities for the previous
fiscal year.
(B) A description and evaluation of the dual party relay
services that the InTRAC provides.
(C) A report of the volume of services the InTRAC provided
during the previous fiscal year.
(D) A copy of the financial statements that subdivision (4)
requires.
A report filed under this subdivision with the general assembly
must 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 of
InTRAC originates, carries, or terminates, in whole or in part,
any telecommunication message that uses the InTRAC's dual
party relay services; and
(2) refuses to:
(A) enter into a contract with the InTRAC as provided in
section 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 just
and reasonable payments or the payments that are due under the
contract. The InTRAC may enforce this order in the courts of the
state. 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; affiliated
interests
Sec. 23. (a) If the InTRAC meets the requirements of sections 18
and 21 of this chapter, the InTRAC:
(1) is not a public utility;
(2) is not a telephone company or a communications service
provider; and
(3) is free from the jurisdiction and oversight of the commission
except as specifically provided in this chapter.
(b) The InTRAC is not an affiliated interest (as defined in
IC 8-1-2-49). An officer, a director, or a member of the InTRAC may
not be construed to be an affiliated interest solely because that person
or 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 and
21 of this chapter, the InTRAC:
(1) for purposes of all taxes imposed by the state or any county
or municipality in Indiana is an organization that is organized
and operated exclusively for charitable purposes; and
(2) qualifies for all exemptions applicable to those
organizations, including but not limited to those exemptions set
forth 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 any
injuries or loss to persons or property incurred by any person as a
result of any act or omission of any person or entity listed in
subdivisions (1) through (3) in connection with the development,
adoption, implementation, maintenance, or operation of any system
that provides dual party relay services or telecommunications
devices, except for injuries or losses incurred as a result of willful or
wanton misconduct:
(1) The InTRAC.
(2) A LEC providing dual party relay services.
(3) An employee, a director, an officer, or an agent of an entity
listed 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.
