CHAPTER 305
H.P. 887 - L.D. 1290
An Act To Improve Funding for Telecommunications Relay Services
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 35-A MRSA §7104, sub-§5, as enacted by PL 2003, c. 553, Pt. A, §4, is amended to read:
5. Funds for Communication Equipment Fund. The commission shall annually transfer $85,000 from a state universal service fund established pursuant to this section to the Communications Equipment Fund established under Title 26, section 1419-A.
In addition to its authority under subsection 3, the commission may require contributions to the state universal service fund in an amount sufficient to collect the $85,000.
If the Department of Labor, Bureau of Rehabilitation Services does not receive from federal or other sources funds in addition to the $85,000 sufficient to carry out the purposes of Title 26, section 1419-A, the commission, at the request of the Department of Labor, Bureau of Rehabilitation Services, may transfer from the state universal service fund to the Communications Equipment Fund an additional amounts as long as: $37,500.
A. The total transfer in any year does not exceed $122,500; and
B. Any amount in any year in excess of $85,000 is drawn from funds otherwise available in the universal service fund. The commission is not authorized to require contributions to the state universal service fund for the purposes of this subsection in order to collect any amount in excess of $85,000 in any year.
The commission may require contributions to the state universal service fund in an amount necessary to collect amounts transferred pursuant to this subsection.
Sec. 2. 35-A MRSA §7104, sub-§7 is enacted to read:
7. Telecommunications relay services support. In order to ensure the affordability of telecommunications relay services throughout the State, the commission shall establish funding support for telecommunications relay services, including related outreach programs, within the state universal service fund established pursuant to subsection 3.
A. In establishing the total level of support for the state universal service fund, the commission shall include funding levels for telecommunications relay services as recommended by the Telecommunications Relay Services Advisory Council, as established in section 8704, unless the commission determines, upon its own motion or upon the request of a provider of intrastate telecommunications services, that the recommended funding levels may be unreasonable. If the commission determines that the funding levels may be unreasonable, the commission shall open a proceeding to determine a reasonable funding level for telecommunications relay services, including related outreach programs. Upon the conclusion of the proceeding, the commission shall establish funding support for telecommunications relay services, including related outreach programs, that it has found to be reasonable within the state universal service fund. The commission shall require contributions to the state universal service fund on a quarterly basis to meet the established funding support levels.
B. In determining reasonable funding levels for telecommunications relay services, including related outreach programs, the commission may consider whether the recommended funding is for telecommunications relay services, including related outreach programs, that are:
(1) Federally required services;
(2) Services provided in other states with a similar deaf, hard-of-hearing and speech impaired population as this State; or
(3) Services that are designed to maximize the effectiveness of telecommunications relay services through the application of new technologies.
Sec. 3. 35-A MRSA §8703, sub-§7, as enacted by PL 1989, c. 851, §7, is amended to read:
7. Recovery of expenses and costs. The costs for telecommunications relay services must be recovered
in the same manner as any other costs for the provision of services by local exchange carriers. Nothing in this section limits the ability of the commission to determine the reasonableness of the costs for providing these servicesthrough the state universal service fund pursuant to section 7104, subsection 7.Effective September 17, 2005.
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