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HOUSE OF REPRESENTATIVES

H.B. NO.

1153

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TELECOMMUNICATIONS RELAY SERVICES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that telecommunications relay services (TRS) provide individuals with hearing and speech disabilities telephone transmission services that enable these individuals to communicate by wire or radio with other individuals in a manner that is functionally equivalent to individuals without such disabilities.

The legislature further finds that the means to collect moneys, that are assessed to pay for TRS, is important to the provision and quality of TRS.

The purpose of this Act is to provide the state public utilities commission with greater flexibility in administering and providing intrastate telecommunications relay services in the State.

SECTION 2. Section 269-16.6, Hawaii Revised Statutes, is amended to read as follows:

"§269-16.6 [Relay] Telecommunications relay services for the deaf, [hearing-impaired,] persons with hearing disabilities, and [speech-impaired.] persons with speech disabilities. (a)  The public utilities commission shall implement [a program to achieve] intrastate telecommunications relay services for the deaf [and hearing-impaired not later than July 1, 1989], persons with hearing disabilities, and [the speech-impaired not later than July 1, 1992.] persons with speech disabilities.

[(b) "Relay services for the deaf, hearing-impaired, and speech-impaired" means a twenty-four-hour operator-assisted telephone relay service staffed by persons who are able to receive and transmit phone calls between deaf, hearing-impaired, and speech-impaired and hearing persons using a telecommunication device for the deaf in conjunction with a telephone.

(c)](b) The commission shall investigate the availability of experienced providers of quality telecommunications relay services for the deaf, [hearing-impaired,] persons with hearing disabilities, and [speech-impaired.] persons with speech disabilities. [Contracts for the] The provision of these telecommunications relay services to be rendered on or after July 1, 1992, shall be awarded by the commission to the provider or providers [which] the commission determines to be best qualified to provide these services. In reviewing the qualifications of the provider or providers, the commission shall consider the factors of cost, quality of services, and experience, and such other factors as the commission deems appropriate.

[(d)] (c) If the commission determines that the telecommunications relay service can be provided in a cost-effective manner by a service provider[,] or service providers, the commission may require every [telephone public utility, including] intrastate telecommunications [carriers,] carrier to contract with [that] such provider or providers for the provision of the telecommunications relay service under the terms established by the commission.

[(e) Notwithstanding subsections (c) and (d), relay services for the period beginning July 1, 1989, and ending June 30, 1992, shall be provided by every telephone public utility providing local service; provided that the commission and the provider or providers can agree on the terms and conditions for the provision of those relay services.]

(d) The commission may establish a surcharge to collect customer contributions for telecommunications relay services required under this section.

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

(f) The commission shall require every [telephone public utility, including] intrastate telecommunications [carriers, providing local telephone service] carrier to file a schedule of rates and charges and every provider of telecommunications relay service to maintain a separate accounting for the costs of providing for telecommunications relay services for the deaf, [hearing-impaired,] persons with hearing disabilities, and [speech-impaired.] persons with speech disabilities.

(g) Nothing in this section shall preclude the commission from changing any rate established pursuant to this section either specifically or pursuant to any general restructuring of all telephone rates, charges, and classifications.

(h) As used in this section:

"Telecommunications relay services" means telephone transmission services that provide the ability for an individual who has a hearing or speech disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio. "Telecommunications relay services" include such services as that which enable two-way communication using text telephones or other nonvoice terminal devices, speech-to-speech services, video relay services, and non-English relay services."

SECTION 3. Section 269-16.7, Hawaii Revised Statutes, is repealed.

["§269-16.7 Telecommunications; expedition of ratemaking procedures. Whenever a public utility providing local exchange telecommunications services applies for approval of rates, charges, or fees in tariffs for specialized services for the deaf, hearing-impaired or speech-impaired, the commission shall expedite to the greatest extent possible any necessary ratemaking procedures. Further, the commission shall be authorized to approve interim surcharges imposed on all subscriber lines, in order to permit the recovery of those actual costs incurred from the time of commencement of the specialized services for the deaf, hearing-impaired and speech-impaired to the time of the next general rate increase."]

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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BY REQUEST