2012 -- H 7446

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LC01138

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC UTILITIES COMMISSION

     Introduced By: Representatives Naughton, Handy, Jacquard, E Coderre, and Cimini

     Date Introduced: February 09, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-1-42 of the General Laws in Chapter 39-1 entitled "Public

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Utilities Commission" is hereby amended to read as follows:

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     39-1-42. Access to telephone information services for persons with disabilities. -- (a)

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The public utilities commission shall establish, administer and promote an information

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accessibility service that includes:

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      (1) A statewide telephone relay service and, through the competitive bidding process,

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contract for the administration and operation of such a relay system for utilization of the

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telecommunications network by deaf, hard of hearing and speech impaired persons;

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      (2) The adaptive telephone equipment loan program capable of servicing the needs of

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persons who are deaf, hard of hearing, severely speech impaired, or those with neuromuscular

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impairments for use with a single party telephone line, to any subscriber who is certified as deaf,

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hard of hearing, severely speech impaired, or with neuromuscular impairments by a licensed

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physician, audiologist, speech pathologist, or a qualified state agency, pursuant to chapter 23 of

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this title; and

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      (3) A telephone access to the text of newspaper programs to residents who are blind,

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deaf or blind, visually impaired, or reading impaired with a single party telephone line.

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      (b) The commission shall establish, by rule or regulation, an appropriate funding

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mechanism to recover the costs of providing this service from each residence and business

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telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks

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and each service line or trunk, and upon each user interface number or extension number or

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similarly identifiable line, trunk, or path to or from a digital network. Notwithstanding the

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foregoing, there shall not be any additional funding mechanism used to charge each residence and

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business telephone access line or truck in the state, including PBX trunks and centrex equivalent

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trunks and each service line or trunk, or upon each user interface number or extension number or

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similarly identifiable line, trunk or path to or from a digital network, to recover the costs of

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providing the services outlined in subsections (a)(1), (2) or (3) above.

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      (c) The commission, with the assistance of the state commission on the deaf and hard of

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hearing, shall also develop the appropriate rules, regulations and service standards necessary to

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implement the provisions of subsection (a)(1) of this section. At a minimum, however, the

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commission shall require, under the terms of the contract, that the relay service provider:

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      (1) Offer its relay services seven (7) days a week, twenty-four (24) hours a day,

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including holidays;

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      (2) Hire only qualified salaried operators with deaf language skills; and

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      (3) Maintain the confidentiality of all communications.

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      (d) [Deleted by P.L. 2004, ch. 504, section 3.]

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      (e) The commission shall collect from the telecommunications service providers the

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amounts of the surcharge collected from their subscribers and remit to the department of human

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services an additional ten thousand dollars ($10,000) annually commencing in fiscal year 2005

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for the adaptive telephone equipment loan program, and forty thousand dollars ($40,000) to the

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department of human services for the establishment of a new telephone access to the text of

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newspaper programs, and eighty thousand dollars ($80,000) to the Rhode Island Commission on

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the Deaf and Hard-of-Hearing annually for emergency communication, and public

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telecommunication access accommodations within the state, pursuant to section 23-1.8-4. The

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surcharge referenced hereunder shall be generated from existing funding mechanisms and shall

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not be generated as a result of any new funding mechanisms charged to each residence and

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business telephone access line or trunk in the state, including PBX trunks and centrex equivalent

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trunks and each service line or trunk, or upon each user interface number or extension number or

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similarly identifiable line, trunk or path to or from a digital network.

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     SECTION 2. Chapter 23-1.8 of the General Laws entitled "Commission on the Deaf and

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Hard-of-Hearing" is hereby amended by adding thereto the following section:

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     23-1.8-4. Emergency communication and public telecommunication access fund. --

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(a) There is established the emergency communication and public telecommunication

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access fund ("ECPTA fund"), which shall be utilized to create emergency communication and

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public telecommunication access accommodations for deaf and hard-of-hearing people, pursuant

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to subsection 39-1-42(e).

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     (b) The fund shall help to enhance the emergency communication system to alert deaf

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and hard-of-hearing people to any type of emergencies in the state. The commission shall be

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required to collaborate with the department of public safety for procedures and enhancements of

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the emergency communication system as well as other agencies if needed to achieve emergency

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communication.

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     (c) The fund shall purchase and install public telecommunication access equipment and

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products at public sites for the deaf and hard-of-hearing citizens.

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     (d) The commission is authorized to establish, administer and promote its emergency

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communication and public communication access program.

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     (e) The commission is authorized to make purchases specifically for the (ECPTA)

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program and empowered to receive donations and grants from sources including, but not limited

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to, the federal government, governmental and private foundations, and corporate and individual

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donors; these donations and grants to be deposited in the (ECPTA fund).

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     SECTION 3. This act shall take effect upon passage.

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LC01138

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC UTILITIES COMMISSION

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     This act would establish the emergency communication and public telecommunication

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access fund to create an emergency communication program for the deaf and hard-of-hearing.

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     This act would take effect upon passage.

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LC01138

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