Sec. 16-256b. Special telecommunications equipment for deaf and hearing impaired persons. Fund. Amplification controls for coin and coinless telephones installed for public or semipublic use. - Connecticut Statutes

      Sec. 16-256b. Special telecommunications equipment for deaf and hearing impaired persons. Fund. Amplification controls for coin and coinless telephones installed for public or semipublic use. (a) Each telephone company and each certified telecommunications provider that makes equipment available to customers shall make special telecommunications equipment capable of serving the needs of deaf and hearing and speech impaired persons available for rental or purchase and be responsible for the maintenance and repair of any such equipment it leases or sells.

      (b) (1) Each domestic telephone company having at least one hundred thousand customers shall pay into a Special Telecommunications Equipment Fund twenty thousand dollars not later than July 1, 1992. The fund shall be administered by the Commission on the Deaf and Hearing Impaired. The Department of Public Utility Control shall include all payments made by a company into said fund as operating expenses of the company for purposes of rate-making under section 16-19.

      (2) Except for the funding specified in subdivision (1) of this subsection, the State Commission on the Deaf and Hearing Impaired may draw on funds obtained through agreements between the state and domestic telephone companies in accordance with a plan developed, after notice and hearing, by the commission not later than January first, annually, and approved by the joint standing committee of the General Assembly having cognizance of matters relating to public utilities. The plan shall provide for the distribution of moneys from the funds to deaf and hearing and speech impaired persons for the purchase, upgrading, rental, maintenance and repair of special telecommunications equipment capable of serving the needs of such persons or to vendors providing such equipment or servicing. The plan may also provide for the distribution of moneys from the funds for the provision of message relay services for persons using telecommunication devices for the deaf, upon a determination by the commission that such moneys are needed to ensure that such services are made available to such persons and that there are adequate moneys in the funds for special telecommunications equipment purposes. The plan shall provide that not more than ten per cent of the moneys annually paid into the fund shall be allocated to the commission to carry out its administrative responsibilities under this subdivision and not more than five per cent of the moneys annually paid by a telephone company into the fund shall be allocated to such corporation to carry out its responsibilities under subdivision (1) of this subsection. All moneys allocated to the commission shall be paid to the State Treasurer for deposit in the General Fund.

      (3) The Commission on the Deaf and Hearing Impaired shall, not later than March first, annually, submit a written financial report on the fund it administers under subdivision (2) of this section to the General Assembly and the Auditors of Public Accounts. Such report shall include a balance sheet and income and expense statement for the preceding calendar year, clearly setting forth the fund's income and expenses and all amounts spent for the direct purpose of the fund.

      (c) (1) Each telephone company and each certified telecommunications provider shall, in consultation with the Commission on the Deaf and Hearing Impaired, prepare and submit to the Department of Public Utility Control and the joint standing committee of the General Assembly having cognizance of matters relating to public utilities a plan which shall provide that, to the extent possible, (A) not less than eighty per cent of the coin and coinless telephones installed for public use by the telephone company or certified telecommunications provider shall be equipped, not later than July 1, 1995, with controls for the amplification of incoming transmissions and not less than eighty per cent of the coin and coinless telephones installed for public use by the telephone company or certified telecommunications provider after July 1, 1995, shall be equipped with such controls, and (B) not less than fifty per cent of the coin and coinless telephones installed for semipublic use by the telephone company or certified telecommunications provider pursuant to tariffs shall be equipped, not later than July 1, 1995, with such controls and not less than fifty per cent of the coin and coinless telephones installed for semipublic use by the telephone company or certified telecommunications provider pursuant to tariffs after July 1, 1995, shall be equipped with such controls.

      (2) Not later than July first, annually, each such telephone company and each such certified telecommunications provider shall submit a report to said commission, department and joint standing committee on the implementation of the plan prepared under subdivision (1) of this subsection, provided, if a telephone company or a certified telecommunications provider documents in any such report that it has fully complied with the provisions of subdivision (1) of this subsection, it shall not be required to submit additional annual reports.

      (3) The cost of compliance with the provisions of this subsection shall be recoverable from ratepayers through the overall rate structure approved by the Department of Public Utility Control.

      (d) Not less than eighty per cent of the coin and coinless telephones installed for public use on or after July 1, 1993, by any person, other than a telephone company or a certified telecommunications provider shall be equipped with such amplification controls at the time the telephones are installed.

      (P.A. 79-156; P.A. 80-482, S. 4, 40, 345, 348; P.A. 82-254, S. 1, 2; P.A. 83-125, S. 1, 2; P.A. 85-228, S. 1, 2; P.A. 86-50, S. 2; P.A. 87-388, S. 1, 3; P.A. 88-158, S. 1, 2; P.A. 92-146, S. 4, 5; P.A. 93-34, S. 1, 2; P.A. 94-74, S. 7, 11; P.A. 99-286, S. 10, 19; P.A. 00-53, S. 6.)

      History: P.A. 80-482 made division of public utility control within the department of business regulation an independent department and abolished department of business regulation; P.A. 82-254 required telephone companies to maintain and repair only special telecommunications equipment they lease or sell and department to establish conditions of service and rates for such maintenance and repair, relettered subsections, made all provisions of Subsec. (a) applicable only to extent consistent with federal law and added new Subsec. (b) requiring establishment of special telecommunications equipment funds; P.A. 83-125 established procedure under Subsec. (b) for transferring administration of funds from telephone companies to tax-exempt corporation and added Subdiv. (3) requiring corporation to submit annual financial report on fund to general assembly and auditors of public accounts; P.A. 85-228 added Subsecs. (c) and (d) re the installation of amplification controls for coin and coinless telephones for public use; P.A. 86-50 allowed the plan to provide for the distribution of funds for message relay services; P.A. 87-388 amended Subsec. (b) by requiring payment of $75,000 into fund by January 1, 1988; P.A. 88-158 amended Subsec. (b)(1) requiring that any person, firm or corporation authorized by the department to provide intrastate interexchange telecommunications service pay into the fund; extended the fund's existence to 1990 and provided for payments by telecompanies and others certified by the department to pay $50,000 into the fund in 1989 and $25,000 in 1990; P.A. 92-146 amended Subsec. (b) re funding of special telecommunications fund and specified commission on deaf and hearing impaired as administrator of fund; P.A. 93-34 amended Subsec. (c) by requiring each telephone company to submit a plan by January 1, 1994, to equip at least 80% of coin and coinless telephones installed for public use and at least 50% of coin and coinless telephones installed for semipublic use pursuant to tariffs with amplification controls by July 1, 1995, and thereafter, and submit a report by July 1, 1994, and amended Subsec. (d) by increasing the percentage of coin and coinless telephones installed for public use by anyone other than a telephone company which must be equipped with amplification controls from 25% to 80% as of July 1, 1993, effective May 5, 1993; P.A. 94-74 amended Subsecs. (a), (c) and (d) by adding provision re persons, firms or corporations certified to provide intrastate telecommunication service, and amended Subsec. (a) by deleting provision re conditions of service and rates for equipment, effective July 1, 1994; P.A. 99-286 changed references to person, firm or corporation certified to provide intrastate telecommunications service to "certified telecommunications provider" and made technical changes, effective July 19, 1999; P.A. 00-53 made technical changes in Subsec. (b)(1).