CHAPTER 377
S.P. 348 - L.D. 1162
An Act to Ensure Telecommunications Protections for Deaf and Hard-of-hearing People
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1419, sub-§1, ¶B-2, as enacted by PL 1997, c. 751, Pt. A, §1, is amended to read:
B-2. "Specialized customer telecommunications equipment" means telecommunications equipment used by persons with disabilities to conduct telephone communications. "Specialized customer telecommunications equipment" includes but is not limited to teletypewriters, artificial larynges, signaling devices, amplified handsets, large number dial overlays, direct telephone dialing, fax machines, equipment necessary to use short message services or text message services or other equipment used by persons with disabilities to provide access to telephone networks.
Sec. 2. 26 MRSA §1419-B is enacted to read:
§1419-B. Equal access for deaf, hard-of-hearing or speech-impaired consumers to wireless telecommunication services
1. Equal access program. In order to ensure that telecommunication services are available to deaf, hard-of-hearing or speech-impaired consumers at a cost that is reasonably comparable to the cost of such services to other telephone customers, the Bureau of Rehabilitation Services, Division of Deafness, referred to in this section as the "division," with the assistance of the Public Utilities Commission, shall establish an equal access program in accordance with this section that offers to customers of wireless or cellular service providers a rebate comparable to the discount provided to customers of landline telephone services under Title 35-A, section 7302. The equal access program must be designed to ensure that an intrastate call made by or received by a deaf, hard-of-hearing or speech-impaired consumer using specialized interpretative equipment does not result in an unreasonable cost burden on the consumer as a result of the extended length of the call. The division, with the assistance of the Public Utilities Commission, shall establish the equal access program in accordance with this section no later than January 1, 2002.
2. Fund. There is established within the division the Equal Access Fund, referred to in this section as the "fund." The fund is nonlapsing. The fund receives assessments deposited pursuant to subsection 5. The fund may be used only for the purposes of the equal access program to provide rebates in accordance with subsection 3.
3. Program design. The division, with the assistance of the Public Utilities Commission, shall design the equal access program so as to offer a 70% rebate of the cost of an intrastate cellular or wireless call that is made:
A. By or received by a certified deaf, hard-of-hearing or speech-impaired person using a teletypewriter;
B. Using the state telecommunications relay service; or
C. By an agency or community service center serving deaf, hard-of-hearing or speech-impaired persons, if the agency or center is certified by the division as eligible to receive the credit.
4. Customers qualifying for the reduction. The division, with the assistance of the Public Utilities Commission, shall design the equal access program so that the granting of a rebate is accomplished in a manner that facilitates customer use of the program and achieves, as far as practicable, a level of customer acceptance that is no less than that achieved by the discount provided under Title 35-A, section 7302.
5. Funding. The division shall annually assess providers of intrastate cellular or wireless services in accordance with this subsection and shall deposit the funds collected in the fund. The division shall assess providers of intrastate cellular or wireless services in accordance with a schedule established by the Public Utilities Commission. The amount of the assessment must be based on identified needs of the equal access program for the coming year, less any amounts carried forward in the fund from the previous year. The Public Utilities Commission shall determine which providers are to be assessed under this subsection based on an evaluation of the extent of business activity undertaken by the providers in the State and the practicalities of making the assessment. The Public Utilities Commission shall include as many providers as reasonably practicable in order to ensure a fair and broad allocation of the assessment. A provider of intrastate cellular or wireless service shall provide to the Public Utilities Commission, on request, records relating to its gross revenues. At the request of a provider, the Public Utilities Commission may issue a protective order in accordance with the Maine Rules of Civil Procedure, Rule 26(c) to protect any confidential business information provided by the provider. Records placed under protective order by the Public Utilities Commission pursuant to this subsection are within the scope of a privilege against discovery within the meaning of Title 1, section 402, subsection 3, paragraph B and are not public records while under the protective order.
6. Authority. The division and the Public Utilities Commission may issue any orders or adopt any rules the division or the commission determines to be appropriate or necessary in order to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
7. Reports. By December 31, 2002 and again by December 31, 2004, the Telecommunications Relay Services Advisory Council as established in Title 5, section 12004-I, subsection 74-A-1, shall provide to the joint standing committee of the Legislature having jurisdiction over utilities matters a report of its findings, together with any recommendations, with regard to whether changes in technology, laws or other factors have eliminated or modified the need for the equal access program or whether changes to the program are appropriate.
8. Repeal. This section is repealed October 31, 2005.
Sec. 3. 35-A MRSA §8704, sub-§1, as amended by PL 1993, c. 708, Pt. J, §12, is further amended to read:
1. Membership. The advisory council consists of 11 12 members as follows:
A. The Director of the Division of Deafness, Bureau of Rehabilitation Services, Department of Education Labor, or a designee;
B. The Chair of the Advisory Committee to the Division of Deafness established by Title 5, section 12004-I, subsection 40, or a designee;
C. One member from the Public Utilities Commission, appointed by the commissioners;
D. One member from the office of the Public Advocate, appointed by the Public Advocate; and
E. Seven Eight members appointed by the Governor as follows:
(1) One member from the Governor Baxter School for the Deaf;
(2) One member from a statewide association for the deaf;
(3) One member from a center on deafness;
(4) One member from a company providing telecommunications relay service in this State;
(5) One member of a telephone association in this State; and
(6) Two members from the general public who must rely on TDD's TTYs for telecommunications.; and
7. One member representing a cellular or wireless service provider.
Sec. 4. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
2001-02 2002-03
LABOR, DEPARTMENT OF
Rehabilitation Services
All Other $500 $500
Provides funds to provide rebates to certain wireless or cellular service provider customers in accordance with this Act.
Effective September 21, 2001, unless otherwise indicated.
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