Page:United States Statutes at Large Volume 104 Part 1.djvu/402

 104 STAT. 368 PUBLIC LAW 101-336 —JULY 26, 1990 relay services shall be recovered from all subscribers for every interstate service and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. In a State that has a certified program under subsection (f), a State commission shall permit a common carrier to recover the costs incurred in providing intrastate telecommunications relay services by a method consistent with the requirements of this section. "(e) ENFORCEMENT.— "(1) IN GENERAL.— Subject to subsections (f) and (g), the Commission shall enforce this section. "(2) COMPLAINT.— The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed, " (f) CERTIFICATION. — "(1) STATE DOCUMENTATION.— Any State desiring to establish a State program under this section shall submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services and the procedures and remedies available for enforcing any requirements imposed by the State program. "(2) REQUIREMENTS FOR CERTIFICATION. — After review of such documentation, the Commission shall certify the State program if the Commission determines that— "(A) the program makes available to hearing-impaired and speech-impaired individuals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under subsection (d); and "(B) the program makes available adequate procedures and remedies for enforcing the requirements of the State program. "(3) METHOD OF FUNDING.—Except as provided in subsection (d), the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services. "(4) SUSPENSION OR REVOCATION OF CERTIFICATION.— The Commission may suspend or revoke such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a State whose program has been suspended or revoked, the Commission shall take such steps as may be necessary, consistent with this section, to ensure continuity of telecommunications relay services. "(g) COMPLAINT. — "(1) REFERRAL OF COMPLAINT.— If a complaint to the Commission alleges a violation of this section with respect to intrastate telecommunications relay services within a State and certification of the program of such State under subsection (f) is in effect, the Commission shall refer such complaint to such State. "(2) JURISDICTION OF COMMISSION. —After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if— "(A) final action under such State program has not been taken on such complaint by such State—

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