(a)
Telecommunications.--
Title
II of the Communications Act of 1934 (47
U.S.C. 201 et seq.) is amended by adding at the end thereof the
following new
section:
"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 3(h) and any common carrier engaged in intrastate
communication by
wire or radio, notwithstanding sections 2(b) and 221(b).
(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
1, 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
title 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 Act 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 the date of
enactment
of this section, 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 the date of
enactment of this section, 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.--The Commission shall ensure that regulations prescribed to
implement this section encourage, consistent with section 7(a) of this
Act, 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 Act,
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), 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),
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); 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), 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) 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)."
(b)
Conforming Amendments.--The Communications Act of 1934 (47
U.S.C. 151 et seq.)
is amended--
(1)
in
section 2(b) (47 U.S.C. 152(b)), by striking "section 224" and
inserting "sections 224 and 225"; and
(2)
in
section 221(b) (47 U.S.C. 221(b)), by striking "section 301" and
inserting "sections 225 and 301".
Section 711 of the
Communications Act of 1934 is amended to read as follows:
"SEC.
711. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS.
Any television
public service announcement that is produced or funded in whole or in
part by
any agency or instrumentality of Federal Government shall include
closed
captioning of the verbal content of such announcement. A television
broadcast
station licensee--
(1)
shall not be required to supply closed captioning for any such
announcement
that fails to include it; and
(2)
shall not be liable for broadcasting any such announcement without
transmitting
a closed caption unless the licensee intentionally fails to transmit
the closed
caption that was included with the announcement.".