
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC225]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
                    Part I--Common Carrier Regulation
 
Sec. 225. Telecommunications services for hearing-impaired and 
        speech-impaired individuals
        

(a) Definitions

    As used in this section--

                    (1) Common carrier or carrier

        The term ``common carrier'' or ``carrier'' includes any common 
    carrier engaged in interstate communication by wire or radio as 
    defined in section 153 of this title and any common carrier engaged 
    in intrastate communication by wire or radio, notwithstanding 
    sections 152(b) and 221(b) of this title.

                               (2) TDD

        The term ``TDD'' means a Telecommunications Device for the Deaf, 
    which is a machine that employs graphic communication in the 
    transmission of coded signals through a wire or radio communication 
    system.

                (3) Telecommunications relay services

        The term ``telecommunications relay services'' means telephone 
    transmission services that provide the ability for an individual who 
    has a hearing impairment or speech impairment 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 impairment or speech impairment to 
    communicate using voice communication services by wire or radio. 
    Such term includes services that enable two-way communication 
    between an individual who uses a TDD or other nonvoice terminal 
    device and an individual who does not use such a device.

(b) Availability of telecommunications relay services

                           (1) In general

        In order to carry out the purposes established under section 151 
    of this title, to make available to all individuals in the United 
    States a rapid, efficient nationwide communication service, and to 
    increase the utility of the telephone system of the Nation, the 
    Commission shall ensure that interstate and intrastate 
    telecommunications relay services are available, to the extent 
    possible and in the most efficient manner, to hearing-impaired and 
    speech-impaired individuals in the United States.

              (2) Use of general authority and remedies

        For the purposes of administering and enforcing the provisions 
    of this section and the regulations prescribed thereunder, the 
    Commission shall have the same authority, power, and functions with 
    respect to common carriers engaged in intrastate communication as 
    the Commission has in administering and enforcing the provisions of 
    this subchapter with respect to any common carrier engaged in 
    interstate communication. Any violation of this section by any 
    common carrier engaged in intrastate communication shall be subject 
    to the same remedies, penalties, and procedures as are applicable to 
    a violation of this chapter by a common carrier engaged in 
    interstate communication.

(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) of this section 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) of this section; or
        (2) with respect to intrastate telecommunications relay services 
    in any State that has a certified program under subsection (f) of 
    this section 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) of this 
    section 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) of this section;
            (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

        The Commission shall ensure that regulations prescribed to 
    implement this section encourage, consistent with section 157(a) of 
    this title, the use of existing technology and do not discourage or 
    impair the development of improved technology.

               (3) Jurisdictional separation of costs

        (A) In general

            Consistent with the provisions of section 410 of this title, 
        the Commission shall prescribe regulations governing the 
        jurisdictional separation of costs for the services provided 
        pursuant to this section.

        (B) Recovering costs

            Such regulations shall generally provide that costs caused 
        by interstate telecommunications relay services shall be 
        recovered from all subscribers for every interstate service and 
        costs caused by intrastate telecommunications relay services 
        shall be recovered from the intrastate jurisdiction. In a State 
        that has a certified program under subsection (f) of this 
        section, a State commission shall permit a common carrier to 
        recover the costs incurred in providing intrastate 
        telecommunications relay services by a method consistent with 
        the requirements of this section.

(e) Enforcement

                           (1) In general

        Subject to subsections (f) and (g) of this section, the 
    Commission shall enforce this section.

                            (2) Complaint

        The Commission shall resolve, by final order, a complaint 
    alleging a violation of this section within 180 days after the date 
    such complaint is filed.

(f) Certification

                       (1) State documentation

        Any State desiring to establish a State program under this 
    section shall submit documentation to the Commission that describes 
    the program of such State for implementing intrastate 
    telecommunications relay services and the procedures and remedies 
    available for enforcing any requirements imposed by the State 
    program.

                 (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) of this section; and
            (B) the program makes available adequate procedures and 
        remedies for enforcing the requirements of the State program.

                        (3) Method of funding

        Except as provided in subsection (d) of this section, the 
    Commission shall not refuse to certify a State program based solely 
    on the method such State will implement for funding intrastate 
    telecommunication relay services.

            (4) Suspension or revocation of certification

        The Commission may suspend or revoke such certification if, 
    after notice and opportunity for hearing, the Commission determines 
    that such certification is no longer warranted. In a State whose 
    program has been suspended or revoked, the Commission shall take 
    such steps as may be necessary, consistent with this section, to 
    ensure continuity of telecommunications relay services.

(g) Complaint

                      (1) Referral of complaint

        If a complaint to the Commission alleges a violation of this 
    section with respect to intrastate telecommunications relay services 
    within a State and certification of the program of such State under 
    subsection (f) of this section is in effect, the Commission shall 
    refer such complaint to such State.

                   (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) of this 
        section.

(June 19, 1934, ch. 652, title II, Sec. 225, as added Pub. L. 101-336, 
title IV, Sec. 401(a), July 26, 1990, 104 Stat. 366; amended Pub. L. 
104-104, Sec. 3(d)(1), Feb. 8, 1996, 110 Stat. 61.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-104 substituted ``section 153'' 
for ``section 153(h)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 152, 221 of this title; 
title 42 sections 12201, 12206.
