Page:United States Statutes at Large Volume 104 Part 1.djvu/401

 PUBLIC LAW 101-336—JULY 26, 1990 104 STAT. 367 regulations prescribed under this section, throughout the area in which it offers service, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. A common carrier shall be considered to be in compliance with such regulations— "(1) with respect to intrastate telecommunications relay services in any State that does not have a certified program under subsection (f) and with respect to interstate telecommunications relay services, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission's regulations under subsection (d); or "(2) with respect to intrastate telecommunications relay services in any State that has a certified program under subsection (f) for such State, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under subsection (f) for such State. "(d) REGULATIONS. — "(1) IN GENERAL.— The Commission shall, not later than 1 year after the date of enactment of this section, prescribe regulations to implement this section, including regulations that— "(A) establish functional requirements, guidelines, and operations procedures for telecommunications relay services; "(B) establish minimum standards that shall be met in carrying out subsection (c); "(C) require that telecommunications relay services operate every day for 24 hours per day; "(D) require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination; "(E) prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services; "(F) prohibit relay operators from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and "(G) prohibit relay operators from intentionally altering a relayed conversation. "(2) TECHNOLOGY.— The Commission shall ensure that regulations prescribed to implement this section encourage, consistent with section 7(a) of this Act, the use of existing technology and do not discourage or impair the development of improved technology. "(3) JURISDICTIONAL SEPARATION OF COSTS.— "(A) IN GENERAL.— Consistent with the provisions of section 410 of this Act, the Commission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section. "(B) RECOVERING COSTS. —Such regulations shall generally provide that costs caused by interstate telecommunications

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