Bill Text: OR SB145 | 2011 | Regular Session | Introduced

Oregon Senate Bill 145 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to telecommunications.

Sponsorship: Unknown

Status: (Passed) 2011-05-19 - Effective date, January 1, 2012. [SB145 Detail]

Download: Oregon-2011-SB145-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 550

                         Senate Bill 145

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber
  for Public Utility Commission)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes Public Utility Commission and Department of Revenue
to exchange information ensuring compliance with Residential
Service Protection Fund and tax for emergency services
requirements. Changes definition of 'telecommunications relay
service' to match federal definition.

                        A BILL FOR AN ACT
Relating to telecommunications; amending sections 7, 9 and 11,
  chapter 290, Oregon Laws 1987.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 7, chapter 290, Oregon Laws 1987, as amended
by section 2, chapter 622, Oregon Laws 1991, section 8, chapter
872, Oregon Laws 1991, section 1, chapter 231, Oregon Laws 1993,
section 387, chapter 79, Oregon Laws 1995, section 1, chapter
451, Oregon Laws 1995, and section 2, chapter 408, Oregon Laws
2001, is amended to read:
   { +  Sec. 7. + } (1) In order to fund the programs provided in
sections 2 to 6 and 9 to 14, chapter 290, Oregon Laws 1987, the
Public Utility Commission shall develop and implement a system
for assessing a surcharge in an amount not to exceed 35 cents per
month against each paying retail subscriber who has
telecommunications service with access to the telecommunications
relay service. The surcharge shall be applied on a
telecommunications circuit designated for a particular
subscriber.  One subscriber line shall be counted for each
circuit that is capable of generating usage on the line side of
the switched network regardless of the quantity of customer
premises equipment connected to each circuit. For providers of
central office based services, the surcharge shall be applied to
each line that has unrestricted connection to the
telecommunications relay service.  These central office based
service lines that have restricted access to the
telecommunications relay service shall be charged based on
software design. For cellular, wireless or other radio common
carriers, the surcharge shall be applied on a per instrument
basis, but applies only to subscribers whose place of primary

use, as defined and determined under 4 U.S.C. 116 to 126, is
within this state.
  (2) The surcharge imposed by subsection (1) of this section
does not apply to:
  (a) Services upon which the state is prohibited from imposing
the surcharge by the Constitution or laws of the United States or
the Constitution or laws of the State of Oregon.
  (b) Interconnection between telecommunications utilities,
telecommunications cooperatives, competitive telecommunications
services providers certified pursuant to ORS 759.020, radio
common carriers and interexchange carriers.
  (3) The commission annually shall review the surcharge and the
balance in the Residential Service Protection Fund and may make
adjustments to the amount of the surcharge to ensure that the
fund has adequate resources but that the fund balance does not
exceed six months of projected expenses.
  (4) Moneys collected pursuant to the surcharge shall not be
considered in any proceeding to establish rates for
telecommunication service.
  (5) The commission shall direct telecommunications public
utilities to identify separately in bills to customers for
service the surcharge imposed pursuant to this section.
   { +  (6) Notwithstanding ORS 314.835 and 314.840, the
Department of Revenue may disclose information received under ORS
403.200 to 403.230 to the Public Utility Commission to carry out
the provisions of chapter 290, Oregon Laws 1987.
  (7) The Public Utility Commission may disclose information
obtained pursuant to chapter 290, Oregon Laws 1987, to the
Department of Revenue to administer the tax imposed under ORS
403.200 to 403.230. + }
  SECTION 2. Section 9, chapter 290, Oregon Laws 1987, as amended
by section 2, chapter 872, Oregon Laws 1991, section 32, chapter
280, Oregon Laws 1995, section 2, chapter 451, Oregon Laws 1995,
section 1, chapter 384, Oregon Laws 1999, section 1, chapter 28,
Oregon Laws 2007, and section 353, chapter 70, Oregon Laws 2007,
is amended to read:
   { +  Sec. 9. + } As used in sections 9 to 14, chapter 290,
Oregon Laws 1987, unless the context requires otherwise:
  (1) 'Adaptive equipment' means equipment that permits a person
with a disability, other than a person who is hard of hearing or
speech impaired, to communicate effectively on the telephone.
  (2) 'Applicant' means a person who applies for an assistive
telecommunication device, adaptive equipment or a signal device.
  (3) 'Assistive telecommunication device' means a device that
utilizes a keyboard, acoustic coupler, display screen, Braille
display, speakerphone or amplifier to enable people who are deaf,
deaf-blind, severely hard of hearing or severely speech impaired
to communicate effectively on the telephone.
  (4) 'Audiologist' means a person who has a master's or doctoral
degree in audiology and a Certificate of Clinical Competence in
audiology from the American Speech-Language-Hearing Association.
  (5) 'Deaf' means a profound hearing loss, as determined by an
audiologist or a vocational rehabilitation counselor of the
Department of Human Services, that requires use of an assistive
telecommunication device to communicate effectively on the
telephone.
  (6) 'Deaf-blind' means a hearing loss and a visual impairment,
as determined by a licensed physician and by an audiologist or a
vocational rehabilitation counselor of the Department of Human
Services, that require use of an assistive telecommunication
device to communicate effectively on the telephone.
  (7) 'Disability' means a physical condition, as determined by a
licensed physician or vocational rehabilitation counselor of the
Department of Human Services, other than hearing or speech
impairment that requires use of adaptive equipment to utilize the
telephone.
  (8) 'Hearing aid specialist' means a person licensed to deal in
hearing aids under ORS chapter 694.
  (9) 'Physician' means an applicant's primary care physician or
a medical specialist who is able to determine an applicant's
disability and to whom the applicant was referred by the primary
care physician.
  (10) 'Recipient' means a person who receives adaptive
equipment, an assistive telecommunication device or a signal
device.
  (11) 'Severely hard of hearing' means a hearing loss, as
determined by an audiologist or vocational rehabilitation
counselor of the Department of Human Services, that requires use
of an assistive telecommunication device to communicate
effectively on the telephone.
  (12) 'Severely speech impaired' means a speech disability, as
determined by a speech-language pathologist or vocational
rehabilitation counselor of the Department of Human Services,
that requires use of an assistive telecommunication device to
communicate effectively on the telephone.
  (13) 'Signal device' means a mechanical device that alerts a
person who is deaf, deaf-blind or severely hard of hearing of an
incoming telephone call.
  (14) 'Speech-language pathologist' means a person who has a
master's degree or equivalency in speech-language pathology and a
Certificate of Clinical Competence issued by the American
Speech-Language-Hearing Association.
  (15) 'Telecommunications relay center' means a facility
authorized by the Public Utility Commission to provide
telecommunications relay service.
  (16) 'Telecommunications relay service' means   { - the
provision of voice and teletype communication between users of
some assistive telecommunication devices and other parties. - }
 { +  a telephone transmission service that provides the ability
for an individual who has a hearing or speech disability 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 or speech
disability to communicate using voice communication services by
wire or radio.  ' Telecommunications relay service' includes, but
is not limited to:
  (a) Services that enable two-way communication between an
individual using a text telephone or other nonvoice terminal
device and an individual not using such a device;
  (b) Speech-to-speech services;
  (c) Video relay services; and
  (d) Non-English relay services. + }
  SECTION 3. Section 11, chapter 290, Oregon Laws 1987, as
amended by section 4, chapter 872, Oregon Laws 1991, section 3,
chapter 384, Oregon Laws 1999, and section 355, chapter 70,
Oregon Laws 2007, is amended to read:
   { +  Sec. 11. + } (1) With the advice of the Telecommunication
Devices Access Program Advisory Committee, the Public Utility
Commission shall establish and administer a statewide program to
purchase and distribute assistive telecommunication devices to
persons who are deaf, severely hard of hearing, severely speech
impaired or deaf-blind and establish a  { + telecommunications
relay service + }   { - dual party relay system making telephone
service generally available to persons who are deaf, severely
hard of hearing, severely speech impaired or deaf-blind - } .
  (2) With the advice of the Telecommunication Devices Access
Program Advisory Committee, the Public Utility Commission shall
establish and administer a statewide program to purchase and
distribute adaptive equipment to make telephone service generally
available to persons with physical disabilities.
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