Page:United States Statutes at Large Volume 104 Part 1.djvu/400

 47 USC 225. 104 STAT. 366 PUBLIC LAW 101-336—JULY 26, 1990 TITLE IV—TELECOMMUNICATIONS SEC. 401. TELECOMMUNICATIONS RELAY SERVICES FOR HEARING- IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS. (a) TELECOMMUNICATIONS. — Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following new section: State and local "SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED governments. AND SPEECH-IMPAIRED INDIVIDUALS. "(a) DEFINITIONS.—As used in this section— "(1) COMMON CARRIER OR CARRIER,—The term 'common carrier' or 'carrier' includes any common carrier engaged in interstate communication by wire or radio as defined in section 3(h) and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 2(b) and 221(b). "(2) TDD.—The term 'TDD' means a Telecommunications Device for the Deaf, which is a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. "(3) TELECOMMUNICATIONS RELAY SERVICES. —The term 'telecommunications relay services' means telephone transmission services that provide the ability for an individual who has a hearing impairment or speech impairment 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 impairment or speech impairment to communicate using voice communication services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a TDD or other nonvoice terminal device and an individual who does not use such a device. "(b) AVAILABILITY OF TELECOMMUNICATIONS RELAY SERVICES. — "(1) IN GENERAL.— In order to carry out the purposes established under section 1, to make available to all individuals in the United States a rapid, efficient nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearingimpaired and speech-impaired individuals in the United States. " (2) USE OF GENERAL AUTHORITY AND REMEDIES.—For the purposes of administering and enforcing the provisions of this section and the regulations prescribed thereunder, the Commission shall have the same authority, power, and functions with respect to common carriers engaged in intrastate communication as the Commission has in administering and enforcing the provisions of this title with respect to any common carrier engaged in interstate communication. Any violation of this section by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of this Act by a common carrier engaged in interstate communication. "(c) PROVISION OF SERVICES.— Each common carrier providing telephone voice transmission services shall, not later than 3 years after the date of enactment of this section, provide in compliance with the

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