GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 1186
Committee Substitute Favorable 5/9/89

Short Title:  Dual Party Relay System.	(Public)
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Sponsors:
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Referred to:  
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO DIRECT THE NORTH CAROLINA UTILITIES COMMISSION TO ESTABLISH A NORTH CAROLINA DUAL PARTY RELAY SERVICE TO ENSURE THAT THE HEARING IMPAIRED, SPEECH IMPAIRED, OR PERSONS SIMILARLY IMPAIRED HAVE ACCESS TO BASIC TELEPHONE SERVICE.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 62 of the General Statutes is amended by adding a new section to read:
"§ 62-133.3.  Dual party relay service.
	(a)	The General Assembly finds and declares that it is in the public interest to provide access to all public telecommunication services to all citizens of this State, particularly to hearing impaired persons, speech impaired persons, or persons who are similarly impaired.
	(b)	The North Carolina Utilities Commission shall establish, implement, administer, and promote a statewide dual party telephone relay service, and contract for the administration and operation of such relay service, for the utilization of telecommunication services by hearing impaired persons, speech impaired persons, or persons who are similarly impaired.  The Commission may use assistance from public agencies of the State or federal government or from private organizations to accomplish the purposes of this section.
	(c)	The Commission shall require local exchange telephone companies in this State, including those operated by telephone membership corporations, to impose a monthly maintenance surcharge on all residential and business local exchange access facilities.  For the purpose of this section, exchange access facility means the access from a particular telephone subscriber's premise to the telephone 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 companies as approved by the Commission.  The amount of the surcharge shall be determined by the Commission based upon the amount of funding necessary to accomplish the purposes of this section and provide the services on an ongoing basis.  The local exchange companies shall collect the surcharge from their customers and transfer the monies collected to a special fund, to be held by the Treasurer as a nonreverting special fund pursuant to G.S. 147-69.2 and G.S. 147-69.3 and shall be credited with interest and income.  The fund shall be used solely for the administration and operation of the relay service. These funds may not be used to lease or purchase telecommunications devices for the deaf used by telephone subscribers, except those used by the operator of the relay service.  The users of the relay service shall be charged for telephone services (including the surcharge authorized in this subsection) without additional charges for the use of the relay service."
Sec. 2.  This act is effective upon ratification.