Bill Text: MS SB2565 | 2014 | Regular Session | Engrossed

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Bill Title: Dual Party Relay System; define "telecommunications" and add member to advisory committee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-03-12 - Died On Calendar [SB2565 Detail]

Download: Mississippi-2014-SB2565-Engrossed.html

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MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Energy

By: Senator(s) Burton

Senate Bill 2565

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 77-3-501, 77-3-503, 77-3-505 AND 77-3-507, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "TELECOMMUNICATIONS" AS USED IN THE PROVISIONS ESTABLISHING THE DUAL PARTY RELAY SYSTEM AND TO CLARIFY THE USE OF THE TERM IN THOSE SECTIONS; TO AMEND SECTION 77-3-509, MISSISSIPPI CODE OF 1972, TO ADD A MEMBER TO THE ADVISORY COMMITTEE ON TELECOMMUNICATIONS SERVICES FOR HEARING OR SPEECH IMPAIRED PERSONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 77-3-501, Mississippi Code of 1972, is amended as follows:

     77-3-501.  The Legislature of the State of Mississippi finds:

          (a)  That * * *telephone telecommunications 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;

          (b)  That all persons should have basic * * *telephone telecommunications service available to them at a fair and equitable cost;

          (c)  That a significant portion of Mississippi's hearing and speech impaired population have profound disabilities which render normal * * *telephone telecommunications equipment useless without additional specialized devices; and

          (d)  That there exists a need for a program whereby access to basic * * *telephone telecommunications service for hearing and speech impaired persons is equal in cost to the amount paid by other * * *telephone wireless or wireline telecommunications customers.

     SECTION 2.  Section 77-3-503, Mississippi Code of 1972, is amended as follows:

     77-3-503.  The following terms and phrases when used in this article shall have the following meaning ascribed to them, except where the context clearly indicates a different meaning:

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

          (b)  "Dual party relay system" means a procedure whereby 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 vice versa.

          (c)  "Exchange access facility" means the access from a particular * * *telephone telecommunications subscriber's premise to the * * *telephone telecommunications system of a local exchange telephone company. Exchange access facilities include local exchange company provided access lines, private branch exchange trunks and centrex network access registers, all as defined by tariffs of * * *telephone telecommunications companies as approved by the commission.

          (d)  "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.

          (e)  "Hearing impaired person" means a person who is deaf or hard of hearing.

          (f)  "Ring signaling device" means a mechanism such as a flashing light which visually indicates that a communication is being received through a * * *telephone telecommunications line.  This phrase also means a mechanism such as adjustable volume ringers and buzzers which audibly and loudly indicate an incoming * * *telephone telecommunications communication.

          (g)  "Speech impaired person" means an individual who has suffered a loss of oral communication ability which prohibits normal usage of a standard * * *telephone telecommunications handset.

          (h)  "Telecommunications" means the transmission between or among points specified by the user of information of the user's choosing without change in the form or content of information as sent and received.

          ( * * *hi)  "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 telecommunications device by some coupling * * *device mechanism used to transmit or receive signals through * * *telephone telecommunications lines.

          ( * * *ij)  " * * *TelephoneTelecommunications company" means every corporation, company, association, joint stock association, partnership, and person and their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operating or managing any * * *telephone telecommunications line or part of a * * *telephone telecommunications line used in the conduct of the business of affording * * *telephonic communication telecommunications service or mobile service as defined by 47 USCA Section 153 for hire within this state.

          ( * * *jk)  " * * *TelephoneTelecommunications line" includes conduits, ducts, poles, wires, cables, crossarms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, including radio and other advancements of * * *the art of telephony telecommunications, real estate, easements, apparatus, property and routes used and operated to facilitate the business of affording * * *telephonic communication telecommunications services to the public for hire within this state.

          (k)  "Trust fund" means the Dual Party Relay Service Trust Fund which is a specific trust to be created by the Public Service Commission and to be established, invested, managed and maintained for the exclusive purpose of fulfilling the provisions of this article according to Public Service Commission rules and regulations.

     SECTION 3.  Section 77-3-505, Mississippi Code of 1972, is amended as follows:

     77-3-505.  (1)  The Mississippi Public Service Commission shall establish, implement, administer, regulate and promote a statewide program to provide * * *telephone telecommunications access to persons who are speech or hearing impaired.

     (2)  The program shall include but not be limited to:

          (a)  A statewide dual party relay service;

          (b)  The establishment of characteristics and performance standards for TDD ring signaling devices and volume control handsets;

          (c)  A single supplier statewide relay * * *system service to handle all intrastate TDD calls; and

          (d)  The promulgation of procedures, regulations, rules, guidelines and criteria to establish, implement, administer, regulate and promote all aspects of the dual party relay service and this article where not prohibited by law.

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

     (4)  The commission shall not be liable for any claims, actions, damages or causes of action, civil or criminal, arising out of or resulting from the establishment, participation in or operation of the dual party relay * * *system service.

     (5)  The provider of the dual party relay * * *system service, and the employees of the provider, shall not be liable for any claims, actions, damages or causes of action, civil or criminal, for:

          (a)  Maintaining the confidentiality of each relayed conversation;

          (b)  Relaying any message from one party to another in a relayed conversation; or

          (c)  Any error made in the transcription, transmission or transliteration of any message from one party to another in a relayed conversation, except for errors resulting from gross negligence, intentional acts or willful misconduct.

     SECTION 4.  Section 77-3-507, Mississippi Code of 1972, is amended as follows:

     77-3-507.  (1)  The Public Service Commission may impose upon all local exchange * * *telephone telecommunications companies operating in the State of Mississippi a monthly relay service fee in an amount to be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this article and to provide dual party * * *telephone telecommunications relay services on a continuous basis.  Such fees shall be paid by the local exchange companies to the credit of the Dual Party Relay Service Trust Fund.  The commission may authorize local exchange companies to recover relay service fees through a surcharge on their customers in the manner prescribed by the commission.  The relay service fees remitted by the local exchange companies shall not be subject to any tax, fee or assessment, nor shall it be considered revenue of the local exchange companies.  The Dual Party Relay Service Trust Fund shall be credited with all interest income and earnings of the fund.  The fund shall be established, invested and managed for the exclusive purpose of fulfilling the provisions of this article according to rules and regulations established by the Public Service Commission.

     (2)  Monies in the fund shall also include any appropriations authorized by the Legislature, any available funds authorized by the Public Service Commission, grants from other governmental or private entities, and any contributions or donations received by the Public Service Commission for the dual party relay service.  All monies in the Dual Party Relay Service Trust Fund shall 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.

     (3)  The users of the relay service shall be charged for * * *telephone telecommunications services, without additional charges for the use of the relay service other than any surcharge which may be imposed upon them under this section.  The calling or called party shall bear an expense for making intrastate nonlocal calls considered and approved by the Public Service Commission as being equitable in comparison with non-TDD or DPR service customers.

     SECTION 5.  Section 77-3-509, Mississippi Code of 1972, is amended as follows:

     77-3-509.  (1)  On or before August 1, 1990, the Public Service Commission shall appoint an advisory committee to monitor the statewide telecommunications relay access service and advise and make recommendations to the Public Service 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.

     (2)  The advisory committee shall be composed of:

          (a)  One (1) deaf person recommended by the Mississippi Association of the Deaf;

          (b)  One (1) speech or hearing impaired person recommended by the Mississippi Association for Retired Persons;

          (c)  One (1) person recommended by the Coalition of Citizens with Disabilities;

          (d)  One (1) representative of telecommunications utilities chosen from a list of candidates provided by the * * *Mississippi/Alabama Telephone Telecommunications Association of the Southeast;

          (e)  One (1) representative of the Mississippi Speech and Hearing Association;

          (f)  One (1) representative of the Veterans Administration;

          (g)  One (1) representative from Vocational Rehabilitation Deaf Services;

          (h)  One (1) hearing impaired representative of the Mississippi School for the Deaf;

          (i)  Two (2) representatives chosen from the Public Service Commission's staff and employees;

          (j)  One (1) person appointed by the Speaker of the House of Representatives;

          (k)  One (1) person appointed by the Lieutenant Governor of the Senate;

          (l)  One (1) representative from the provider of the DPR service; * * *and

          (m)  One (1) representative from the Mississippi Wireless Association; and

          ( * * *mn)  Three (3) "at large" individuals who have particular skills, knowledge, experience or ability but who are not necessarily speech or hearing impaired or otherwise affiliated with an organization serving the speech or hearing impaired.

     The commission, in its discretion, may name a successor or similar organization to be represented on the committee if an organization or agency named in this subsection ceases to exist.

     (3)  The committee shall be appointed based on candidate names submitted by the recommending agency or organization.  Each member of the advisory committee shall serve for a term of two (2) years.  A member whose term has expired shall continue to serve until a qualified replacement is appointed.  The members of the advisory committee shall serve without compensation but shall be entitled to reimbursement for travel and expenses incurred in the performance of their official duties and per diem, which shall be paid out of the trust fund on the same basis established for state employees.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2014.

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