54-8b-10 - Imposing a surcharge to provide hearing and speech impaired persons with telecommunication devices -- Definitions -- Procedures for establishing program -- Surcharge -- Administration and d
54-8b-10. Imposing a surcharge to provide hearing and speech impaired personswith telecommunication devices -- Definitions -- Procedures for establishing program --Surcharge -- Administration and disposition of surcharge moneys.
(1) As used in this section:
(a) "Certified deaf or severely hearing or speech impaired person" means any stateresident who:
(i) is so certified by:
(A) a licensed physician;
(B) an otolaryngologist;
(C) a speech language pathologist;
(D) an audiologist; or
(E) a qualified state agency; and
(ii) qualifies for assistance under any low income public assistance program administeredby a state agency.
(b) "Certified interpreter" means a person who is a certified interpreter under Title 53A,Chapter 26a, Interpreter Services for the Hearing Impaired Act.
(c) (i) "Telecommunication device" means any mechanical adaptation device that enablesa deaf or severely hearing or speech impaired person to use the telephone.
(ii) "Telecommunication device" includes:
(A) telecommunication devices for the deaf (TDD);
(B) telephone amplifiers;
(C) telephone signal devices;
(D) artificial larynxes; and
(E) adaptive equipment for TDD keyboard access.
(2) The commission shall hold hearings to establish a program whereby any certifieddeaf or severely hearing or speech impaired customer of a telephone corporation that providesservice through a local exchange or of a wireless telecommunications provider may obtain atelecommunication device capable of serving the customer at no charge to the customer beyondthe rate for basic service.
(3) (a) The program described in Subsection (2) shall provide a dual party relay systemusing third party intervention to connect a certified deaf or severely hearing or speech impairedperson with a normal hearing person by way of telecommunication devices designed for thatpurpose.
(b) The commission may, by rule, establish the type of telecommunications device to beprovided to ensure functional equivalence.
(4) (a) The commission shall impose a surcharge on each residence and business accessline of each customer to the local exchange of any telephone corporation providing such lines inthis state to cover the costs of:
(i) the program described in Subsection (2); and
(ii) payments made under Subsection (5).
(b) The commission shall establish by rule the amount to be charged under this section,which may not exceed 25 cents per residence and business access line.
(c) The telephone corporation shall collect the surcharge from its customers and transferthe money collected to the commission under rules adopted by the commission.
(d) The surcharge shall be separately identified on customer bills.
(5) (a) Any money collected from the surcharge imposed under Subsection (4) shall bedeposited in the state treasury as dedicated credits to be administered as determined by the PublicService Commission.
(b) These dedicated credits may be used only:
(i) for the purchase, maintenance, repair, and distribution of telecommunication devices;
(ii) for the acquisition, operation, maintenance, and repair of a dual party relay system;
(iii) to reimburse telephone corporations for the expenses incurred in collecting andtransferring to the commission the surcharge imposed by the commission;
(iv) for the general administration of the program;
(v) to train persons in the use of telecommunications devices; and
(vi) by the commission to contract, in compliance with Title 63G, Chapter 6, UtahProcurement Code, with:
(A) an institution within the state system of higher education listed in Section 53B-1-102for a program approved by the Board of Regents that trains persons to qualify as certifiedinterpreters; or
(B) the Division of Services to the Deaf and Hard of Hearing for a program that trainspersons to qualify as certified interpreters.
(c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah AdministrativeRulemaking Act, for the administration of monies under Subsection (5)(b)(vi).
(ii) In the initial rulemaking to determine the administration of monies under Subsection(5)(b)(vi), the commission shall give notice and hold a public hearing.
(d) Monies received by the commission under Subsection (4) are nonlapsing.
(6) (a) The telephone surcharge need not be collected by a local exchange company if theamount collected would be less than the actual administrative costs of the collection.
(b) If Subsection (6)(a) applies, the local exchange company shall submit to thecommission, in lieu of the revenue from the surcharge collection, a breakdown of the anticipatedcosts and the expected revenue from the collection, showing that the costs exceed the revenue.
(7) The commission shall solicit the advice, counsel, and physical assistance of severelyhearing or speech impaired persons and the organizations serving them in the design andimplementation of the program.
Amended by Chapter 382, 2008 General Session