DAR File No. 42310

Public Service Commission, Administration

Rule R746-343

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
Administration
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 sbintz@utah.gov
• Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov

Effective:

11/07/2017

Authorized by:

Melanie Reif, Legal Counsel