GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-402
The General Assembly of North Carolina enacts:
Section 1. G.S. 62-157 reads as rewritten:
"§ 62-157. Dual
party relay system. Telecommunications relay service.
(a) Finding. - The
General Assembly finds and declares that it is in the public interest to
provide access to public telecommunications services for hearing impaired or
speech impaired persons persons, including those who also have vision
impairment, and that a statewide dual party telephone relay system telecommunications
relay service for telephone service should be established.
(a1) Definitions. - For purposes of this section:
(1) "Exchange access facility" means the access from a particular telephone subscriber's premises to the telephone system of a local exchange telephone company, and includes 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.
(2) "Local service provider" means a local exchange company, competing local provider, or telephone membership corporation.
(b) Authority to Require
Surcharge. - The Commission shall require local exchange companies and
telephone membership corporations local service providers to impose
a monthly surcharge on all residential and business local exchange access
facilities to fund a statewide dual party telephone relay system telecommunications
relay service by which hearing impaired or speech impaired persons persons,
including those who also have vision impairment, may communicate with
others by telephone. For the purpose of this section, exchange access
facility means the access from a particular telephone subscriber's premises 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. This
surcharge, however, may not be imposed on participants in the Subscriber Line
Charge Waiver Program or the Link-up Carolina Program established by the
Commission. This surcharge, and long distance revenues collected under
subsection (f) of this section, are not includable in gross receipts subject to
the franchise tax levied under G.S. 105-120 or the sales tax levied under G.S.
105-164.4.
(c) Initiating
Petition.Specification of Surcharge. - Not later than February 1,
1990, the The Department of Health and Human Services shall initiate
a dual party relay system telecommunications relay service by
filing a petition with the Commission requesting the system service and
detailing initial projected required funding. The Commission shall, after
giving notice and an opportunity to be heard to other interested parties, set
the initial monthly surcharge based upon the amount of funding necessary to
implement and operate the system, service, including a reasonable
margin for a reserve. The surcharge shall be identified on customer bills as a
special surcharge for provision of a dual party relay system. telecommunications
relay service for hearing impaired and speech impaired persons. The
Commission may, upon petition of any interested party, and after giving notice
and an opportunity to be heard to other interested parties, revise the
surcharge from time to time if the funding requirements change. In no event
shall the surcharge exceed twenty-five cents (25¢) per month. month
for each exchange access facility.
(d) Funds to Be Deposited
in Special Account. - The local exchange companies and telephone membership
corporations service providers shall collect the surcharge from
their customers and deposit the moneys collected with the State Treasurer, who
shall maintain the funds in an interest-bearing, nonreverting account. After
consulting with the State Treasurer, the Commission shall direct how and when
the local exchange companies and telephone membership corporations service
providers shall deposit these moneys. The funds deposited in this
account may not be used to lease or purchase telecommunications devices for
hearing impaired or speech impaired persons, except those devices used by the
operator of the relay system established under this section. Revenues
from this fund shall be available only to the Department of Health and Human
Services to administer the statewide dual party telephone relay system, telecommunications
relay service program, including its establishment, operation, and
promotion. The Commission may allow the Department of Health and Human
Services to use up to four cents (4¢) per access line per month of the
surcharge for the purpose of providing telecommunications devices for hearing
impaired or speech impaired persons, including those who also have vision
impairment, through a distribution program. The Commission shall prepare
such guidelines for the distribution program as it deems appropriate and in the
public interest. Both the Commission and the Public Staff may audit all
aspects of the telecommunications relay service program, including the
distribution programs, as it does with any public utility subject to the
provisions of this Chapter. Equipment paid for with surcharge revenues,
as allowed by the Commission, may be distributed only by the Department of
Health and Human Services.
(e) Administration of
Service. - The Department of Health and Human Services shall administer the
statewide dual party telephone relay system, telecommunications relay
service program, including its establishment, operation, and promotion. The
Department may contract out the provision of this service for four-year periods
to one or more service providers, using the provisions of G.S. 143-129.
(f) Charge to
Users. - The users of the relay system telecommunications relay
service shall be charged their approved long distance and local rates for
telephone services (including the surcharge required by this section), but no
additional charges may be imposed for the use of the relay system. service.
The local exchange companies and telephone membership corporations service
providers shall collect revenues from the users of the relay system service
for long distance services provided through the relay system. service.
These revenues shall be deposited in the special fund established in
subsection (d) of this section in a manner determined by the Commission after
consulting with the State Treasurer. Local exchange companies and telephone
membership corporations service providers shall be compensated for
collection, inquiry, and other administrative services provided by said
companies, subject to the approval of the Commission.
(g) Reporting
Requirement. - The Commission shall, after consulting with the Department of
Health and Human Services, develop a format and filing schedule for a
comprehensive financial and operational report on the dual party relay
system. telecommunications relay service program. The Department of
Health and Human Services shall thereafter prepare and file these reports as
required by the Commission with the Commission and Joint Legislative Utility
Review Committee. the Public Staff. The Department shall also be
required to report to the Revenue Laws Study Committee.
(h) Power to Regulate. -
The Commission shall have the same power to regulate the operation of the dual
party relay system telecommunications relay service program as it
has to regulate any public utility subject to the provisions of this
Chapter."
Section 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:34 p.m. this 5th day of August, 1999