DAR File No. 42310
This notice was published in the December 1, 2017, issue (Vol. 2017, No. 23) of the Utah State Bulletin.
Public Service Commission, Administration
Rule for Deaf, Severely Hearing or Speech Impaired Person
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 42310
Filed: 11/07/2017 04:09:03 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
This rule is authorized pursuant to Section 54-8b-10, which requires the Public Service Commission (Commission) to exercise its rulemaking powers to establish a program to provide telephone service to certified deaf, severely hearing impaired, or speech impaired persons.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
An amendment, DAR No. 40685, was submitted on 08/18/2016 which created a pilot program to explore using current technology and devices and how such technology and devices might be adopted. An amendment, DAR No. 41645, was submitted on 05/12/2017 to comply with S.B. 130, which was passed during the 2017 General Session, which required the program for deaf, hard of hearing, and severely speech impaired persons be funded from the Utah Universal Public Telecommunications Service Support Fund (UUSF) rather than through a separate, dedicated surcharge. No comments were received from either of these amendments.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule should be continued because it establishes eligibility requirements and sets forth the procedure for approval of an application and the distribution process for telecommunication devices for the certified deaf, severely hearing or speech impaired. This rule provides instructions for training, replacement of equipment, ownership and liability, and out-of-state use. The rule also sets forth the liability of the telephone relay center and confidentiality and privacy requirements. This rule is also necessary to comply with provisions in the American with Disabilities Act (ADA) and Federal Communications Commission (FCC) regulations.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Public Service Commission
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316
Direct questions regarding this rule to:
- Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at firstname.lastname@example.org
- Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at email@example.com
Melanie Reif, Legal Counsel
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20171201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at firstname.lastname@example.org; Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.