S*1496(Rat #0583, Act #0488 of 1990)  General Bill, By Senate General
 A Bill to amend Chapter 9, Title 58, Code of Laws of South Carolina, 1976,
 relating to the regulation of telephone, telegraph, and express companies by
 the Public Service Commission, by adding Article 21 so as to provide for
 telephone service for hearing and speech impaired persons

   04/05/90  Senate Introduced, read first time, placed on calendar
                     without reference SJ-9
   04/10/90  Senate Read second time SJ-29
   04/10/90  Senate Unanimous consent for third reading on next
                     legislative day SJ-30
   04/11/90  Senate Read third time and sent to House SJ-26
   04/12/90  House  Introduced and read first time HJ-190
   04/12/90  House  Referred to Committee on Judiciary HJ-190
   05/02/90  House  Committee report: Favorable with amendment
                     Judiciary HJ-9
   05/10/90  House  Amended HJ-45
   05/10/90  House  Read second time HJ-48
   05/15/90  House  Read third time and returned to Senate with
                     amendments HJ-13
   05/16/90  Senate Concurred in House amendment and enrolled SJ-5
   05/24/90         Ratified R 583
   05/30/90         Signed By Governor
   05/30/90         Effective date 05/30/90
   05/30/90         Act No. 488
   06/12/90         Copies available

AN ACT TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES BY THE PUBLIC SERVICE COMMISSION, BY ADDING ARTICLE 21 SO AS TO PROVIDE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS.

Be it enacted by the General Assembly of the State of South Carolina:

Findings

SECTION 1. The General Assembly finds:

(1) that telephone service provides a rapid and essential communications link among the general public and with essential offices and organizations such as police, fire, and medical facilities;

(2) that all persons should have basic telephone service available to them at a just and reasonable rate;

(3) that a significant portion of South Carolina's hearing and speech impaired population has profound disabilities which render normal telephone equipment useless without additional specialized devices; and

(4) that there exists a need for a program in which access to basic telephone service for hearing and speech impaired persons is equal in cost to the amount paid by other telephone customers.

Telephone service for hearing and speech impaired

SECTION 2. Chapter 9, Title 58 of the 1976 Code is amended by adding:

"Article 21

Section 58-9-2510. As used in this article:

(1) Commission' means the Public Service Commission.

(2) Deaf person' means an individual who is unable to hear and understand oral communication, with or without the assistance of amplification devices.

(3) Dual party relay system' or DPR' means a procedure in which a deaf, hearing, or speech impaired TDD user can communicate with an intermediary party, who then orally relays the first party's message or request to a third party, or a procedure in which a party who is not deaf or hearing or speech impaired can communicate with an intermediary party who then relays the message or request to a TDD user.

(4) Hard of hearing person' means an individual who has suffered a permanent hearing loss which is severe enough to necessitate the use of amplification devices to hear oral communication.

(5) Hearing impaired person' means a person who is deaf or hard of hearing.

(6) Operating fund' means the Dual Party Relay Service Operating Fund which is a specific fund to be created by the commission and established, invested, managed, and maintained for the exclusive purpose of implementing the provisions of this chapter according to commission regulations.

(7) Speech impaired person' means an individual who has suffered a loss of oral communication ability which prohibits normal use of a standard telephone handset.

(8) Telecommunications device' or 'telecommunications device for the deaf, hearing, or speech impaired' or TDD' means a keyboard mechanism attached to or in place of a standard telephone by some coupling device used to transmit or receive signals through telephone lines.

Section 58-9-2520. (A) The commission may establish, regulate, and promote a statewide program to provide telephone access to persons who are speech or hearing impaired.

(B) The program may include but is not limited to:

(1) a statewide dual party relay service;

(2) selection of a service provider to provide a statewide relay system to handle all intrastate TDD calls; and

(3) prescribing or promulgating procedures, regulations, rules, guidelines, and criteria to establish, implement, administer, regulate, and promote all aspects of the dual party relay service, and the establishment of a funding mechanism to cover all associated costs of this service and this article where not prohibited by law.

(C) The commission may use assistance from state and federal agencies or from private organizations and industry to accomplish the purposes of this article.

Section 58-9-2530. (A) The commission may require all local exchange telephone companies operating in this State to impose a monthly charge not to exceed twenty-five cents on all residential and business local exchange access facilities as necessary to fund the establishment and operation of a dual party relay system in this State. The amount of the charge must be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this article and provide dual party telephone relay services on a continuous basis. If assessed, the local exchange companies shall collect the charge from their customers and transfer the monies collected to the operating fund. The charge collected and remitted by the local exchange companies is not subject to any tax, fee, or assessment, nor may it be considered revenue of the local exchange companies. The commission may provide for the funding of the dual party relay system through contributions from other sources. The fund must be established, invested, and managed for the exclusive purpose of implementing the provisions of this article according to regulations promulgated by the commission.

(B) Monies in the operating fund must also include appropriations made by the General Assembly for the purpose of this chapter, grants from other governmental or private entities, and contributions or donations received by the commission for the dual party relay service. All monies in the operating fund must be used solely for the administration and operation of a statewide program to provide telecommunications access to persons who are speech and hearing impaired or similarly impaired.

(C) The users of the relay service must be charged for telephone services, including any authorized commission charge, without additional charges for the use of the relay service. The calling or called party shall bear an expense for making intrastate nonlocal calls considered approved by the commission as being equitable in comparison with non-TDD or DPR service customers.

Section 58-9-2540. (A) The commission may appoint an advisory committee to monitor the statewide telecommunications relay access service and advise and make recommendations to the commission in pursuing services which meet the needs of the hearing or speech impaired and others similarly impaired in communicating with other users of telecommunications services.

(B) The advisory committee consists of eight members as follows:

(1) one representative from the Spartanburg School for the Deaf;

(2) one representative from the South Carolina Association of the Deaf, Inc.;

(3) one representative from the South Carolina Telephone Association;

(4) two representatives from the commission staff;

(5) one representative from the provider of the dual party relay service;

(6) one representative from the office of the Consumer Advocate; and

(7) one representative from the office of the Division of Information Resource Management, State Budget and Control Board.

The advisory committee must be appointed by the commission upon the recommendations of the applicable agency or organization. The commission shall prescribe regulations which set forth guidelines for the responsibilities, duties, and authority of the committee. Members shall serve at the pleasure of the commission and vacancies must be filled in the manner of the original appointment."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 30th day of May, 1990.