47 USC 225 - Telecommunications services for hearing-impaired and speech-impaired individuals

U.S Code last checked for updates: Nov 22, 2024

§ 225.

Telecommunications services for hearing-impaired and speech-impaired individuals

(a)

Definitions

As used in this section—

(1)

Common carrier or carrier

(2)

TDD

(3)

Telecommunications relay services

(b)

Availability of telecommunications relay services

(1)

In general

(2)

Use of general authority and remedies

(c)

Provision of services

Each common carrier providing telephone voice transmission services shall, not later than 3 years after July 26, 1990, provide in compliance with the regulations prescribed under this section, throughout the area in which it offers service, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. A common carrier shall be considered to be in compliance with such regulations—

(1)

with respect to intrastate telecommunications relay services in any State that does not have a certified program under subsection (f) and with respect to interstate telecommunications relay services, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission’s regulations under subsection (d); or

(2)

with respect to intrastate telecommunications relay services in any State that has a certified program under subsection (f) for such State, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under subsection (f) for such State.

(d)

Regulations

(1)

In general

The Commission shall, not later than 1 year after July 26, 1990, prescribe regulations to implement this section, including regulations that—

(A)

establish functional requirements, guidelines, and operations procedures for telecommunications relay services;

(B)

establish minimum standards that shall be met in carrying out subsection (c);

(C)

require that telecommunications relay services operate every day for 24 hours per day;

(D)

require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination;

(E)

prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services;

(F)

prohibit relay operators from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and

(G)

prohibit relay operators from intentionally altering a relayed conversation.

(2)

Technology

(3)

Jurisdictional separation of costs

(A)

In general

(B)

Recovering costs

(e)

Enforcement

(1)

In general

(2)

Complaint

(f)

Certification

(1)

State documentation

(2)

Requirements for certification

After review of such documentation, the Commission shall certify the State program if the Commission determines that—

(A)

the program makes available to hearing-impaired and speech-impaired individuals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under subsection (d); and

(B)

the program makes available adequate procedures and remedies for enforcing the requirements of the State program.

(3)

Method of funding

(4)

Suspension or revocation of certification

(g)

Complaint

(1)

Referral of complaint

(2)

Jurisdiction of Commission

After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if—

(A)

final action under such State program has not been taken on such complaint by such State—

(i)

within 180 days after the complaint is filed with such State; or

(ii)

within a shorter period as prescribed by the regulations of such State; or

(B)

the Commission determines that such State program is no longer qualified for certification under subsection (f).

(June 19, 1934, ch. 652, title II, § 225, as added Pub. L. 101–336, title IV, § 401(a), July 26, 1990, 104 Stat. 366; amended Pub. L. 104–104, § 3(d)(1), Feb. 8, 1996, 110 Stat. 61; Pub. L. 111–260, title I, § 103(a), Oct. 8, 2010, 124 Stat. 2755.)

cite as: 47 USC 225