HOUSE OF REPRESENT tives
RECEIVE
Republic of the Philippines page SEP 2016

HOUSE OF REPRESENTATIVES yc
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REGISTRATION UNIT
BILLS AND INDEX SERVICE

House Bill No. ©

Introduced by: Rep. BERNADETTE R. HERRERA-DY.

EXPLANATORY NOTE

A significant portion of the Filipino population has hearing or speech
disabilities, including dual sensory disabilities, In the most recent nationwide survey on
hearing disability and ear disorders conducted by Better Hearing Philippines, Inc., the
prevalence of hearing disability was established at 8.8%, and hearing loss or
impairment at 28%. Meanwhile, a general survey on disability by the Department of
Health and the University of the Philippines pegs the prevalence of speaking disability
at about a third (1/3) of the percentage of hearing disability. ‘These numbers are
expected to increase as the growth rate of the elderly population continues to increase.

‘These disabilities render normal telecommunications services useless without
additional specialized devices, many of which are cost prohibitive for end-users. The
telecommunications system is intended to provide access to a basic communications
network between all persons, yet many persons with hearing disabilities or speech
disabilities currently have no access to the basic telecommunications system.
Furthermore, persons who do not have a hearing disability or speech disability are
generally exchided from access to the basic telecommunications system to
communicate with persons who have a hearing disability or speech disability without
the use of specialized telecommunications devices.

Republic Act 7277, Section 23, began to recognize this need by encouraging
telephone providers to install devices to assist the hearing disabled, however with the
advancements in telecommunications relay service technology and the multitude of
disabilities that affect a user’s ability to access the telecommunications system, more
robust guidance is needed to adequately serve the hearing and speech disabled
population, Moreover, creating a firm requirement to provide these services will ensure
to the greatest extent possible that the needs of the hearing and speech disabled are met.


There additionally exists a need for a telecommunications relay system whereby
the cost for access to basic telecommunications services for persons who have a hearing
disability or speech disability is no greater than the amount paid by other
telecommunications customers. Telecommunications services provide a rapid and
essential communications link among the general public and with essential offices and
‘organizations such as police, fire, and medical facilities. Therefore, all persons should
have basic telecommunications services available to them at reasonable and affordable
costs,

It is the declared purpose of this Act to establish a system whereby Filipinos
who are hearing disabled, speech disabled, or dual sensory disabled have access to
basic telecommunications services at a cost no greater than that paid by other
telecommunications services customers, and whereby the cost of specialized
telecommunications equipment necessary to ensure that citizens who are hearing
disabled, speech disabled, or dual sensory disabled have access to basic
telecommunications services and the provision of telecommunications relay services is
borne by all the telecommunications customers of the State.

Communication is an essential human need and, therefore, a basic human right.
Without it, no individual or community can exist, or prosper. Communication
strengthens human dignity and validates human equality. As policy makers, it is our
responsibility to give way that Filipinos enjoy the benefit of this right by promoting the
ability of all Filipinos to access the basic communications networks. Hence, the urgent

approval of this bill is earnestly sought. yY

BERNADETTE HERRERA-DY
7 oY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17TH) CONGRESS
First Regular Session

3466

House Bill No.”

Introduced by: Rep. BERNAD!

ER, HERRERA-DY

AN ACT CREATING THE TELECOMMUNICATIONS RELAY SYSTEM FOR
PERSONS WITH HEARING DISABILITIES AND PERSONS WITH SPEECH
DISABILITIES AND FOR OTHER PURPOSES

Be it enacted in the Senate and House of Representatives of the Philippines in the
Congress assembled:

CHAPTER | - GENERAL PROVISIONS

SEC.1. Short Title. This Act shall be known as the “Telecommunications

Relay System Act of 2016,”

SEC.2. Declaration of National Policy. — It is hereby declared the policy of the
State to recognize, protect, realize, and enhance the right of Filipinos with hearing
disabilities, speech disabilities, and dual sensory disabilities to basic telecommunications
services as essential to the full enjoyment of life and all human rights.

In the pursuit of this Policy, this Act shall have the following objectives:

a) To establish a telecommunications relay system to provide equitable basic access to
the telecommunications network for persons with hearing disabilities, speech
disabilities, or dual sensory disabilities.

b) To establish a telecommunications relay system that ensures that users of
telecommunications relay services pay rates no greater than the rates paid by
nondisabled customers for functionally equivalent telecommunications services.

c) To establish a telecommunications relay system that uses state-of-the-art
technology for specialized telecommunications devices and telecommunications
relay services and encourages the incorporation of new developments in
technology, to the extent that it has demonstrated benefits consistent with the intent
of this Act and is in the best interest of individuals residing in this State.

4) To establish a telecommunications relay system that is as cost efficient as possible
without diminishing the effectiveness or the quality of the system.


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e) To ensure that the total cost of providing telecommunications relay services and
distributing specialized telecommunications devices be spread equitably among and
collected from customers of all common carrier telecommunications companies.

SEC. 3. Definition of Terms. — As used under this Act, the following words or
terms shall have the following meaning:

a) “Common carrier” or “carrier” shall refer to any common carrier engaged in
communication by wire, radio, or Internet,

b)“Telecommunications relay services” shall refer to any telecommunications
transmission services that allow a person who has a hearing or speech disability, or
dual sensory disability, to communicate by wire, radio, or Internet in a manner that
is functionally equivalent to the ability of a person who does not have such
disability. Such term shall include any service that enables two-way
communication between a person who uses a telecommunications device or other
nonvoice terminal device and a person who does not use such a device

SEC. 4. Availability of telecommunications relay services. ~ In order to carry
out the purposes established under Republic Act 7277 and to make available to ail
individuals in the Philippines a rapid, efficient nationwide communication service, and to
increase the utility of telecommunications services in the Philippines, the National
Telecommunications Commission (NTC) shall ensure that telecommunications relay
services are available, to the extent possible and in the most efficient manner, to persons
with hearing disabilities, persons with speech disabilities, and persons with dual sensory
disabilities in the Philippines.

SEC. 5. Provision of services, ~ Each common carrier shall, not later than 3 years
after the enactment of this Act, provide in compliance with the regulations prescribed in
Section 6, throughout the area in which it offers service, telecommunications relay
services, individually, through designees, through a competitively selected vendor, or in
concert with other carriers.

CHAPTER 2 - REGULATIONS

SEC. 6, Regulations, ~ The NTC shall, not later than 1 year after the enactment of
this Act, prescribe regulations to implement this Section, including regulations that:

a) establish functional requirements, guidelines, and operations procedures for
telecommunications relay services;

b) establish minimum standards that shall be met in carrying out Section 5 of this Act;

©) require that telecommunications relay services operate seven (7) days a week for
‘twenty-four (24) hours per day;

d) require that telecommunications relay services provide for the automatic and
immediate handling of emergency calls;

¢) require that telecommunications relay service conversations must be relayed in real
time;


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) require that common carriers must answer all incoming telecommunications relay
service requests within a reasonable time period;

g) require that common carriers must make best efforts to accommodate the requested
gender of the relay operator;

h) require that users of telecommunications relay services pay rates no greater than the
rates paid for functionally equivalent communication services with respect to such
factors as the duration of the communication, the time of day, and the distance from
point of origination to point of termination;

i) prohibit relay operators from failing to fulfill the obligations of common carriers by
refusing communications or limiting the length of communications that use
telecommunications relay services;

{j) prohibit relay operators from disclosing the content of any relayed conversation and
from keeping records of the content of any such conversation beyond the duration
of the communication; and

k) prohibit relay operators from intentionally altering a relayed conversation.
SEC. 7. Technology. — The NTC shall ensure that regulations prescribed to

implement this section encourage the use of existing technology and do not discourage or
impair the development of improved technology.

SEC. 8. Recovery of costs. — The NTC shall establish a rate for each subscriber
line of a carrier to allow the carrier to recover costs incurred under this Act and may waive
the costs assessed under this Act to persons with hearing disabilities, persons with speech
disabilities, and persons with dual sensory disabilities. The rate established by the NTC
under this Section may be assessed as a line item on an end-user’s bill. A portion of this
rate may be remitted to the NTC and allocated to a telecommunications relay system fund
(TRS fund) to offset administrative costs in the management of the telecommunications
relay system, including the certification and revocation procedures outlined in Sections 10
and 11. In establishing the rates under this Act, including the formula for the amounts to
be remitted to the NTC and the TRS fund, the NTC shall be guided by best practices and
the deployment of empirical methods with the aim of sustaining the long term viability of
the telecommunications sector and the welfare of its end users at large.

SEC. 9. Review of rate, ~ The NTC annually shall review the rate established in
Section 8, including the remittance portion, and may make adjustments to the rate and
remittance portion to ensure full recovery of costs for the carrier and adequate resources
for the TRS fund, with the fund balance not to exceed six months of projected expenses.

SEC. 10. Certification. — Each common carrier shall submit to the NTC a
description of the program for implementing telecommunications relay services. After
review of such documentation, the NTC shall certify the program if the NTC determines
that the program makes available to hearing disabled, speech disabled, and dual sensory
disabled individuals, either individually, through designees, through a competitively
selected vendor, or in concert with other carriers telecommunications relay services in a
manner that meets or exceeds the requirements of regulations prescribed by the NTC under
Section 6 of this Act


SEC. 11. Revocation of certification. - The NTC may suspend or revoke such
certification if, after notice and opportunity for hearing, the NTC determines that such
certification is no longer warranted, When a program has been suspended or revoked, the
NTC shall take such steps as may be necessary, consistent with this Section, to ensure
continuity of telecommunications relay services.

[APTER 3 - MISCELLANEOUS PROVISIONS

SEC. 12. Enforcement, — The NTC shall enforce this Act. Any complaints
alleging violations of this Act shall be filed with the NTC and shall be subject to its
implementing rules and regulations as well as the Rules of Court in case of appeal.

SEC. 13. Severability Clause. — In the event that any provision of this Act is declared
unconstitutional, invalid, or illegal, the constitutionality, validity, or legality of the
remainder of the provisions of this Act shall not be affected thereby.

SEC. 14. Repealing Clause, - All laws, presidential decrees, letters of instructions,
executive orders, administrative orders, rules, regulations, and other issuances or parts
thereof which are contrary to or inconsistent with the provisions of this Act are hereby
revoked, repealed or modified accordingly.

SEC. 15. Effectivity. — This Act shall take effect fifteen (15) days following the
completion of its publication in any two (2) national newspapers of general circulation

Approved...