DAR File No. 42425
This rule was published in the January 15, 2018, issue (Vol. 2018, No. 2) of the Utah State Bulletin.
Public Service Commission, Administration
Rule R746-343
Rule for Deaf, Severely Hearing or Speech Impaired Person
Notice of Proposed Rule
(Repeal)
DAR File No.: 42425
Filed: 01/02/2018 09:35:20 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
During the 2017 General Session, the Utah Legislature enacted S.B. 130 and as a result of that new law, the Public Service Commission (PSC) is repealing some of its telecommunications rules and reenacting them in a new rule.
Summary of the rule or change:
Rule R746-343 governing the Utah Universal Service Fund (UUSF) support for a deaf, hard of hearing, or severely speech impaired person is repealed in its entirety. This rule is reenacted without any changes in the new Rule R746-8 that is filed concurrently with this repeal. (EDITOR'S NOTE: The proposed new Rule R746-8 is under Filing No. 42424 in this issue, January 15, 2018, of the Bulletin.)
Statutory or constitutional authorization for this rule:
- Section 54-3-1
- Section 54-8b-10
- Section 54-8b-15
- Section 54-4-1
Anticipated cost or savings to:
the state budget:
None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8.
local governments:
None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8.
small businesses:
None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8.
persons other than small businesses, businesses, or local governmental entities:
None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8.
Compliance costs for affected persons:
None--This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8.
Comments by the department head on the fiscal impact the rule may have on businesses:
This repeal of Rule R746-343 is not making any changes to the rule except moving the language to Rule R746-8.
Thad LeVar, Commission Chair
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Public Service CommissionAdministration
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 [email protected]
- 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 protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
02/14/2018
This rule may become effective on:
02/21/2018
Authorized by:
Michael Hammer, Administrative Law Judge
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
Fiscal Costs |
FY 2018 |
FY 2019 |
FY 2020 |
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Person |
$0 |
$0 |
$0 |
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
Fiscal Benefits |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.
Appendix 2: Regulatory Impact to Non - Small Businesses
This rule repeal does not carry any fiscal impact. The repeal is accompanied by a separate rule filing enacting a new Rule R746-8. Any fiscal impact that may indirectly result from this rule repeal is discussed in that rule filing.
PSC Chair Thad LeVar has reviewed and approved this fiscal analysis.
R746. Public Service Commission, Administration.
[R746-343. Rule for Deaf, Severely Hearing or Speech Impaired
Person.
R746-343-1. Purpose and Authority.
This rule is to establish a program as required in
Section 54-8b-10 which will provide telecommunication devices to
certified deaf, or severely hearing or speech impaired persons,
who qualify under certain conditions, and to provide a dual relay
system using third party intervention to connect deaf or severely
hearing or speech impaired persons with normal hearing persons by
way of telecommunication devices.
R746-343-2. Definitions.
A. Definitions
1. "Applicant" is a person applying for a
Telecommunication Device for the Deaf, signal device, or other
communication device.
2. "Audiologist" is a person who has a
Master's or Doctoral degree in Audiology, is licensed in
Audiology in Utah, and holds the Certificate of Clinic Competence
in Audiology from the American Speech/Language/Hearing
Association, or its equivalent.
3. "Deaf" is a hearing loss that requires the
use of a TDD to communicate effectively on the
telephone.
4. "Provider" is a service provider who agrees
to be, if determined by the Public Service Commission, the
administrator of the program or a portion of the
program.
5. "Distribution center" is a facility
authorized by the provider to distribute TDDs and signal devices,
personal communicators, or other devices required by a recipient
to communicate effectively on the telephone.
6. "Dual relay system" is the provision of
voice and teletype communication between users of TDDs and other
parties.
7. "Otolaryngologist" is a licensed physician
specializing in ear, nose and throat medicine.
8. "Recipient" is a person who receives a TDD,
signal device, personal communicator, or other device to
communicate effectively on the telephone.
9. "Speech language pathologist" is a person
who has a Master's or Doctoral degree in Speech Language
Pathology in Utah, and holds the Certificate of Clinical
Competence in Speech/Language Pathology from the American Speech
Language Hearing Association, or its equivalent.
10. "Severely hearing impaired" is a hearing
loss that requires use of TDD to communicate effectively on the
telephone.
11. "Severely Speech Impaired" is a speech
handicap, or disorder, that renders speech on an ordinary
telephone unintelligible.
12. "Signal device" is a mechanical device that
alerts a deaf, deaf-blind, or severely hearing impaired person of
an incoming telephone call.
13. "Telecommunications Device for the Deaf, or TDD,
is an electrical device for use with a telephone that utilizes a
key board. It may also have an acoustic coupler, display screen
or braille display to transmit and receive messages.
14. "Telephone relay center" is a facility
administered by the provider to provide dual relay
service.
15. "Commission" is the Utah Public Service
Commission.
R746-343-3. Eligibility Requirements.
A. An applicant is eligible if he is deaf, severely
hearing impaired, or severely speech impaired and is eligible for
assistance under a low income public assistance program. The
impairment must be established by the certification on an
application form by a person who is permitted to practice
medicine in Utah, an audiologist, otolaryngologist,
speech/language pathologist, or qualified personnel within a
state agency. The applicant must provide evidence that they are
currently eligible, though it is not necessary that they be
participating in a low income public assistance program.
C. The provider may require additional documentation to
determine applicant's eligibility.
D. During the training session required in Section
R746-343-8, Training, the applicant must demonstrate an ability
to send and receive messages with a TDD or other appropriate
devices.
R746-343-4. Approval of an Application.
A. Approved Application--
1. When an original application has been approved, the
provider shall inform the applicant in writing of:
a. when the original application has been
approved;
b. the location of the distribution center or designated
place where the applicant may receive a TDD;
c. the date and time of the training session as required
in Section R746-343-8.
2. When the request for a replacement TDD, signal device,
or other device has been approved, the provider or the
distribution center shall inform the recipient of the procedure
for obtaining a replacement device.
B. Denied Applications--If an original application or
replacement request is denied, the provider shall inform the
applicant in writing of the reasons for the denial and of
applicable procedures for appeal. Denial notices shall be sent by
mail. The notice shall be accompanied by instructions on the
review process.
R746-343-5. Review by the Provider.
A. An applicant or recipient whose request for an
original or replacement device has been denied may request that
the provider review the decision.
B. The request for review shall be in writing and shall
specify the basis for review and must be received by the provider
within 30 days of the receipt of the notice of denial.
C. Within ten days of receiving the request for review,
the provider shall inform the applicant or recipient in writing
of the disposition of the request.
R746-343-6. Review by the Commission.
A. Within 20 days of the notice of denial from the
provider for review, the applicant or recipient may request in
writing a hearing by the Commission. The request shall specify
the reasons for challenging the decision.
R746-343-7. Distribution Process.
A. Distribution Centers shall:
1. Upon notice from the provider, distribute TDDs, signal
devices, or other specified devices, to persons determined
eligible under Section R746-343-3, Eligibility Requirements, and
who reside in Utah;
2. Require each recipient or legal guardian to sign an
agreement, Condition of Acceptance, form supplied by the
provider;
3. Forward completed application forms and agreement
forms to the provider;
4. Inform the provider of those applicants who fail to
report for training and receipt of devices.
B. The provider shall implement a program to facilitate
distribution of devices and provide training as
required.
C. Neither the distribution center nor the provider shall
be responsible for providing replacement paper for devices, the
payment of the recipient's monthly telephone bill, purchase
or lease cost of recipient's telephone, or the cost of
replacement light bulbs for signal devices.
R746-343-8. Training.
A. The provider shall be responsible for seeing that
training is provided to each recipient and legal guardian, or
significant other, in accordance with guidelines established by
the provider.
R746-343-9. Replacement Devices.
A. The distribution center shall provide devices to
persons determined by the provider to be eligible under Sections
R746-343-3, Eligibility Requirements, and R746-343-8, Training,
accept devices that need repair, and deliver devices returned by
recipients to a repair center designated by the
provider.
R746-343-10. Ownership and Liability.
A. TDDs, signal devices, and other devices provided by
this program are the property of the state.
B. A recipient or guardian shall return a TDD, signal
device, or other device, to the provider or distribution center
when the recipient no longer intends to reside in Utah, is no
longer qualified for the program, does not need the device, or
has been notified by the provider to return the device.
C. Other than normal usage, recipients are liable for
damage to or loss of a device issued under conditions of
acceptance.
R746-343-11. Out of State Use.
No person shall remove a TDD, signal device, or other
device from the state for a period longer than 90 days without
written permission of the provider.
R746-343-12. Dual Relay Service--Telephone Relay Center.
A. A telephone relay center shall provide dual relay
service seven days a week, 24 hours a day, including
holidays.
B. A telephone relay center shall hire operators with
specialized communication skills who shall be salaried
employees.
C. A telephone relay center shall require the operators
to relay each message accurately, except as otherwise
specifically provided in Section R746-343-14, Criminal
Activity.
R746-343-13. Confidentiality and Privacy Requirements.
A. Except as otherwise specifically provided in Section
R746-343-14, Criminal Activity, a telephone relay center shall
protect the privacy of persons to whom relay services are
provided and shall require each operator to maintain the
confidentiality of each telephone message.
B. The confidentiality and privacy of persons to whom
relay services are provided will be protected by means of the
following:
1. The relay center shall not maintain any form of
permanent copies of messages relayed by their operators or allow
the content of telephone messages relayed by their operators to
be communicated to non-staff members.
2. Persons using the relay system shall not be required
to provide identifying information until the party they are
calling is on line, and shall only be required to identify
themselves to the extent necessary to fulfill the purpose of
their call.
3. Relay operators shall not leave messages with third
parties unless instructed to do so by the person making the
call.
4. Persons using the relay system may file complaints
about the relay service to the telephone relay center or the
provider, who shall review each complaint.
R746-343-14. Criminal Activity.
A. Relay operators shall not knowingly transmit telephone
messages that are made in furtherance of a criminal activity as
defined by Utah or federal law.
B. The confidentiality and privacy requirements of
Section R746-343-13, Confidentiality and Privacy Requirements, do
not apply to telephone conversations made in furtherance of a
criminal activity as defined by Utah or federal law.
R746-343-16. New Technology Equipment Distribution Program
(NTEDP).
(1) Authority and Purpose.
(a) This rule section is promulgated pursuant to Utah
Code Subsection 54-8b-10(3)(b).
(b) The purposes of the NTEDP are:
(i) to explore the feasibility of using tablet devices
and/or unlocked cellular telephones to address the
telecommunication needs of the deaf, severely hearing-impaired,
and severely speech-impaired communities;
(ii) to determine how best to manage a program in which
tablet devices and/or unlocked cellular telephones are provided;
and
(iii) to determine the level of support services that
would be required if tablet devices and/or unlocked cellular
telephone devices are provided.
(2) Duration. The NTEDP shall terminate no later than
December 31, 2018.
(3) Participation.
(a) An individual who wishes to participate in the NTEDP
shall:
(i) submit a completed application form to the Relay Utah
office;
(ii) provide medical documentation of:
(A) deafness;
(B) severe hearing impairment; or
(C) severe speech impairment;
(iii) demonstrate that the individual is receiving
assistance from a low-income public assistance program
administered by a state agency;
(iv)(A) if applying for a tablet, certify that the
individual has consistent access to a WiFi network; or
(B) if applying for an unlocked cellular telephone,
certify that the individual has a service plan in place with a
wireless telecommunications provider; and
(v) certify that the individual is able and willing to
comply with Subsection (4).
(b) Priority may be given to applicants who have
previously participated in the Commission's Relay Utah
program.
(c) An applicant who is not selected to participate may
request to be placed on a waiting list.
(d) Participation shall be limited as follows:
(i) From the inception of the program through June 30,
2017, no more than 25 participants, as follows:
(A) no more than 8 deaf individuals who are at least 13
years old;
(B) no more than 8 severely hearing-impaired individuals
who are at least 13 years old;
(C) no more than 8 severely speech-impaired individuals
who are at least 13 years old; and
(D) at least one deaf, severely hearing-impaired, or
severely speech-impaired individual who is under 13 years of
age.
(ii) From July 1, 2017 through the conclusion of the
program, up to 10 additional participants in each six-month
period.
(4) Participant obligations.
(a) An individual who is chosen to participate in the
NTEDP shall:
(i) participate in an entrance interview with the Relay
Utah office;
(ii) complete online surveys as instructed by the Relay
Utah office;
(iii) promptly comply with all instructions from the
Relay Utah office to download apps;
(iv) promptly respond to requests from the Relay Utah
office for information and feedback;
(v) maintain the device in the storage case
provided;
(vi) retain all original device packaging, instructions,
and information;
(vii) contact the manufacturer's customer service
department for assistance with technical support;
(viii) promptly report to the Relay Utah office:
(A) software and hardware failures; and
(B) damage to the device;
(ix) take financial responsibility for loss of, or damage
to, the device if caused by the individual's misuse or
negligence; and
(x) immediately return the device to the Relay Utah
office if the individual:
(A) moves from the State of Utah;
(B) is disqualified by the Relay Utah office from further
participation in the NTEDP; or
(C) chooses to terminate the individual's
participation in the NTEDP.
(b) An individual who is chosen to participate in the
NTEDP may not:
(i) reformat or attempt to reformat the device;
(ii) allow any other person to use the device, except as
necessary to assist the participant with telecommunications;
or
(iii) install software, apps, or other programs not
authorized by the Relay Utah office.
(c) A participant who fails to comply with this
Subsection (4) may be disqualified from further participation in
the NTEDP.
(5) All devices distributed as part of the NTEDP shall
remain the property of the State of Utah Public Service
Commission.
KEY: assistive devices and technology, speech/hearing
assistance, telecommunications
Date of Enactment or Last Substantive Amendment: July 10,
2017
Notice of Continuation: December 10, 2012
Authorizing, and Implemented or Interpreted Law: 54-8b]
Additional Information
More information about a Notice of Proposed Rule 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/2018/b20180115.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.
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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 [email protected]; 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 protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.