| (a) Purpose. The provisions of this section are intended
to establish a statewide telecommunications relay service for individuals
who are hearing-impaired or speech-impaired using specialized telecommunications
devices and operator translations. Telecommunications relay service
must be provided on a statewide basis by one telecommunications carrier,
except that the commission may contract with another vendor for a
special feature in certain circumstances. Certain aspects of telecommunications
relay service operations are applicable to local exchange companies
and other telecommunications providers.
(b) Provision of TRS. TRS must provide individuals
who are hearing-impaired or speech-impaired with access to the telecommunications
network in Texas equal to that provided to other customers.
(1) Components of TRS. TRS must meet the mandatory
minimum standards defined in §26.5 of this title (relating to
Definitions) and must include the following:
(A) switching and transmission of the call;
(B) oral and print translations by either live or automated
means between individuals who are hearing-impaired or speech-impaired
who use specialized telecommunications devices and others who do not
have such devices;
(C) sufficient operators and facilities to meet the
grade and quality of service standards established by the commission
for TRS, including the operator answering performance standards listed
in §26.54(c)(2)(A) and (D) of this title (relating to Service
Objectives and Performance Benchmarks).
(D) appropriate procedures for handling emergency calls;
(E) confidentiality regarding existence and content
of conversations;
(F) the capability of providing sufficient information
to allow calls to be accurately billed;
(G) the capability of providing for technologies such
as hearing carryover or voice carryover;
(H) operator training to relay the contents of the
call as accurately as possible without intervening in the communications;
(I) operator training in American Sign Language and
familiarity with the special communications needs of individuals who
are hearing-impaired or speech-impaired;
(J) the capability for callers to place calls through
TRS from locations other than their primary location and to utilize
alternate billing arrangements;
(K) the capability of providing both inbound and outbound
intrastate and interstate service;
(L) the capability for carrier of choice; and
(M) other service enhancements approved by the commission.
(2) Conditions for interstate service. The TRS carrier
must not be reimbursed from the Texas Universal Service Fund (TUSF)
for the cost of providing interstate TRS. Interstate TRS must be funded
through the interstate jurisdiction as mandated by the Federal Communications
Commission. Separate funds and records must be maintained by the TRS
carrier for intrastate TRS and interstate TRS.
(3) Rates and charges. The following rates and charges
apply to TRS:
(A) Local calls. The calling and called parties must
bear no charges for calls originating and terminating within the same
toll-free local calling scope.
(B) Intrastate long distance calls. The TRS carrier
must discount its tariffed intrastate rates by 50% for TRS users.
(C) Access charges. A telecommunication provider must
not impose access charges on calls that make use of this service or
on calls that originate and terminate within the same toll-free local
calling scope.
(D) Billing and collection services. Upon request by
the TRS carrier, a telecommunications provider must provide billing
and collection services in support of this service at just and reasonable
rates.
(c) Contract for the TRS carrier.
(1) Selection. On or before April 1, 2000, the commission
will issue a request for proposal and select a carrier to provide
statewide TRS based on the following criteria: price, the interests
of individuals who are hearing-impaired and speech-impaired in having
access to a high quality and technologically advanced telecommunications
system, and all other factors listed in the commission's request for
proposals. The commission will consider each proposal in a manner
that does not disclose the contents of the proposal to competing offerors.
The commission's determination will include evaluations of charges
for the service, service enhancements proposed by the offerors, and
technological sophistication of the network proposed by the offerors.
The commission will make a written award of the contract to the offeror
whose proposal is the most advantageous to the state.
(2) Contract administration.
(A) Contract amendments. All recommendations for amendments
to the contract must be filed with the executive director of the commission
on June 1 of each year. The executive director is authorized to approve
or deny all amendments to the contract between the TRS carrier and
the commission, provided, however, that the commission specifically
will approve any amendment that will increase the cost of TRS.
(B) Reports. Each TRS carrier and telecommunications
provider must submit reports of their activities relating to the provision
of TRS upon request of the commission or the Relay Texas administrator.
(C) Compensation. Each TRS carrier must be compensated
by the TUSF for providing TRS at the rates, terms, and conditions
established in its contract with the commission, subject to the following
conditions:
(i) Reimbursement must include the TRS costs that are
not paid by the calling or the called party, except the TRS carrier
must not be reimbursed for the 50% discount set forth in subsection
(b)(3)(B) of this section.
(ii) Reimbursement may include a return on the investment
required to provide the service and the cost of unbillable and uncollectible
calls placed through the service, provided that the cost of unbillable
and uncollectible calls must be subject to a reasonable limitation
as determined by the commission.
(iii) The TRS carrier must submit a monthly report
to the commission justifying its claims for reimbursement under the
contract. Upon approval by the commission, the TUSF must make a disbursement
in the approved amount.
(d) Special features for TRS.
(1) The commission may contract for a special feature
for the state's telecommunications relay access service if the commission
determines:
(A) the feature will benefit the communication of persons
with an impairment of hearing or speech;
(B) installation of the feature will be of benefit
to the state; and
(C) the feature will make the relay access service
available to a greater number of users.
(2) If the carrier selected to provide the telecommunications
relay access service is unable to provide the special feature at the
best value to the state, the commission may make a written award of
a contract for a different carrier to provide the special feature
to the telecommunications carrier whose proposal is most advantageous
to the state, considering;
(A) factors stated in subsection (c)(1) of this section;
(B) the past performance demonstrated capability and
experience of the carrier.
(3) The commission will consider each proposal in a
manner that does not disclose the contents of the proposal to a telecommunications
carrier making a competing proposal.
(4) The commission's evaluation of a telecommunications
carrier's proposal must include the considerations listed in subsection
(c)(1) of this section.
(e) Advisory Committee. The commission will appoint
an Advisory Committee, to be known as the Relay Texas Advisory Committee
(RTAC) to assist the commission in administering TRS and the specialized
telecommunications assistance program, as specified by the Public
Utility Regulatory Act (PURA) §56.111. The Relay Texas administrator
must serve as a liaison between RTAC and the commission. The Relay
Texas administrator must ensure that RTAC receives clerical and staff
support, including a secretary or court reporter to document RTAC
meetings.
(1) Composition. The commission will appoint RTAC members
based on recommended lists of candidates submitted by the organizations
named as follows. RTAC must be composed of:
(A) two persons with disabilities other than disabilities
of hearing and speech that impair the ability to effectively access
the telephone network;
(B) one deaf person recommended by the Texas Deaf Caucus;
(C) one deaf person recommended by the Texas Association
of the Deaf;
(D) one hearing-impaired person recommended by Self-Help
for the Hard of Hearing;
(E) one hearing-impaired person recommended by the
American Association of Retired Persons;
Cont'd... |
