An Act To Promote the Use of Public Safety Telecommunications Equipment by the Deaf and Hard-of-hearing Community
Maine Legislature, Session 122, LD 1613
Committee: Utilities and Energy
Sponsors: EDMONDS
Amends: 25 MRSA §2927, 26 MRSA §1419-A, 35-A MRSA §7104

Legislative Document 
No. 1613 
S.P.595 
In Senate, May 3, 2005 
An Act To Promote the Use of Public Safety Telecommunications 
Equipment by the Deaf and Hard-of-hearing Community 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by President EDMONDS of Cumberland . 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRSA §2927, sub-§3, as amended by PL 2003, c. 194, 
§l, is further amended to read: 
3. 
Expenditure of funds. 
The bureau may use the revenues 
in the E-9-l-l fund to fund staff and to defray costs associated 
with the implementation, operation and management of E-9-l-l. 
Upon 
request 
from 
the 
Department 
of 
Labor, 
Bureau 
of 
Rehabilitation Services. the bureau may, to the extent funds are 
available, transfer up to $300,000 annually to the Communications 
Equipment Fund established in Title 26, section l4l9-A for the 
exclusive purpose of providing emergency alert telecommunications 
service. 
The bureau, 
to the extent it determines sufficient 
funds are available in the E-9-l-l fund, shall use revenues in 
the 
E-9-l-1 
fund 
to 
reimburse 
local 
exchange 
carriers 
and 
cellular and wireless telecommunications service providers for 
eligible 
expenses 
incurred 
by 
the 
carriers 
and 
service 
providers. 
For purposes of this subsection, the term "eligible 
expenses" means expenses: 
A. Incurred in preparing, correcting, verifying or updating 
subscriber information for use in databases necessary to 
implement the E-9-l-l system; 
B. Determined by the Public Utilities Commission to meet the 
requirements of paragraph A and to be reasonable expenses 
for the services provided; and 
C. 
When 
incurred 
by 
a 
cellular 
or 
wireless 
telecommunications service provider: 
(1) That are approved by the bureau to be properly 
incurred for the implementation of E-9-l-l technologies 
and procedures; 
(2) That are not separately billed to customers; and 
(3) For which the provider is not reimbursed from any 
other source. 
The Public Utilities Commission, in consultation with the bureau, 
shall establish procedures for reviewing and approving expenses 
pursuant to paragraph B. 
The Public Utilities Commission, 
in 
consultation with the bureau, 
shall establish procedures 
for 
reviewing and approving expenses pursuant to any request by the 
Bureau of Rehabilitation Services. 
Sec. 2. 26 MRS A §1419-A, sub-§2, as amended by PL 2003, c. 
553, Pt. A, §3, is further amended to read: 
Page l-LR0870(l) 
" 
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2. 
Communications Equipment Fund. 
There is established the 
Communications 
Equipment Fund to be used by the Division of 
Deafness within the Bureau of Rehabilitation Services. 
The fund 
is nonlapsing. 
The fund receives money transferred by the Public 
Utilities Commission from the universal service fund pursuant to 
Title 35-A, section 7104. 
The Division of Deafness may accept 
gifts or grants, including, but not limited to, federal grants, 
for the purposes of this section. 
Funds transferred from the 
universal service fund pursuant to Title 35-A, 
section 7l04L 
funds transferred from the E-9-1-l fund pursuant to Title 25, 
section 
2927 
and 
all 
gifts 
and 
grants 
and 
authorized 
appropriations must be deposited in the Communications Equipment 
Fund 
and 
disbursed 
in 
accordance 
with 
this 
section. 
The 
Communications Equipment Fund may be used for purchase, lease, 
distribution, upgrading, installation, maintenance and repair of 
specialized 
customer 
communications 
equipment 
for 
deaf, 
hard-of-hearing 
or 
speech-impaired 
persons 
and 
persons 
with 
disabilities and for training in the use of such equipmentL 
except that funds received for the provision of emergency alert 
telecommunications service pursuant to Title 25, section 2927 and 
Title 35-A, section 7104 may be used only in accordance with 
subsection 
6. 
The 
Division 
of 
Deafness 
may 
draw 
on 
the 
Communications 
Equipment 
Fund 
in 
accordance 
with 
the 
communications equipment plan required under subsection 3. 
Sec. 3. 26 MRSA §1419-A, sub-§6 is enacted to read: 
6. 
Emexg~ncy aleX"~~el~J!gunicatiQns service. 
A person 
who has been certified by the Division of Deafness as being deaf 
or hard-of-hearing and has an income of less than 225% of the 
federal poverty level must receive a discount of Up to $10 per 
month in the service charge for 
any wireless 
communications 
device or 2-way pager that is used to receive emergency alerts 
issued by 
any state or federal agency. 
Such 
a 
person must 
receive a $10 discount except where the service charge for the 
wireless communications device or 2-way pager is less than $10 
per month, in which case the person must receive a discount equal 
to the service charge for the wireless communications device or 
2-way pager. 
A company required to provide the discount is 
entitled to recover amounts discounted from the Communications 
Eg~ipment Fund 
established in subsection 
2. 
The 
Bureau of 
Rehabilitation 
Services 
shall 
adopt 
rules 
to 
establish 
the 
process for certifying eligibility with the Diyision of Deafness 
and for the process to be used by wireless and paging companies 
in 
recovering 
discounted 
revenue 
from 
the 
Communications 
Equipment 
Fund. 
Administrative 
costs 
associated 
with 
implementing 
this 
subsection 
may 
be 
paid 
for 
through 
funds 
collected pursuant to Title 25, 
section 2927 
and Title 35-A, 
section 7104. 
Rules 
adopted pursuant to this subsection are 
routine technical rules 
as defined in Title 5, 
chapter 375, 
subchapter 2-A. 
Sec. 4. 35-A MRSA §7104, sub-§5, as enacted by PL 2003, c. 
553, Pt. A, §4, is amended to read: 
5. 
Funds for Communications Equipment Fund. 
The commission 
shall annually transfer $85,000 from a state universal service 
fund established pursuant to this section to the Communications 
Equipment Fund established under Title 26, 
section l4l9-A for 
general 
use. 
The 
commission 
may, 
upon 
the 
request 
of 
the 
Department of Labor, Bureau of Reh~bilitation Services and after 
a 
finding that the 
funds 
are necessary and that sufficient 
attempts have been made by the Bureau of Rehabilitation Services 
to 
maximize 
federal 
support 
to 
support 
emergency 
alert 
telecommunications service, transfer $300,000 annually from the 
state universal service fund established by this section to the 
Communications Equi£IDent Fund establi~d under Title 26, section 
14l9-A for the exclusive purpose of supporting emergency alert 
telecommunications service. 
In addi tion to its authority under 
subsection 3, 
the commission may require contributions to the 
state universal service fund in an amount sufficient to collect 
the $85,000. 
The commission is further authorized to require 
contributions to t~tate unive.csal service fund in an amount 
not to exceed $300,000 upon a finding that such contributions are 
necessary and that sufficient attempts have been made 
by the 
Bureau of Rehabilitation Services to maximize federal support to 
support emergency alert telecommunications service. 
If the Department of Labor, 
Bureau of Rehabilitation Services 
does not receive from federal or other sources funds in addition 
to the $85,000 sufficient to carry out the general purposes of 
Title 26, section l4l9-A, the commission, at the request of the 
Department 
of 
Labor, 
Bureau 
of 
Rehabilitation Services, 
may 
transfer 
from 
the 
state 
universal 
service 
fund 
to 
the 
Communications Equipment Fund an addi tional ameQat:s--as--l-Gng--as+ 
.£~Oo. 
The commi.§.ti.ruLJTlay reguire contributions to the state. 
universal service fund in an amount sufficient to collect the 
$37,500. 
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SUMMARY 
This bill establishes a 
program for 
low-income deaf and 
hard-of-hearing individuals to provide a discount to help offset 
costs of owning a wireless communications device or 2-way pager 
that 
is 
used 
to 
receive 
state 
or 
federal 
emergency 
notifications. 
The program is designed to account for up to 
$600,000 
in discounts 
for 
individuals 
within 
the 
deaf 
and 
hard-of-hearing community. 
Wireless 
and paging companies 
who 
provide the discounts may recover their amounts of the discount 
from the Communications Equipment Fund, which is funded through 
support from the state universal service fund and the E-9-l-1 
fund. 
Funds 
received 
for 
emergency alert 
telecommunications 
service may not be used for 
any purpose other than repaying 
wireless and paging companies for discounts given to deaf and 
hard-of-hearing customers. 
The 
bill 
amends 
the 
laws 
governing 
the 
Communications 
Equipment Fund to account for new funds coming from the E-9-l-l 
and state universal service funds and to ensure that such funds 
are dedicated to the purposes of the bill. 
It 
establishes 
the 
discount 
program 
and 
allows 
the 
Department of Labor, Bureau of Rehabilitation Services to adopt 
rules to implement the program. 
It amends the laws governing the E-9-l-l fund so that some 
of 
these 
funds 
can 
be 
used 
to 
support 
the 
communications 
equipment program. 
It amends the laws governing the state universal service 
fund so that it provides support to the communications equipment 
program and to correct a previously ambiguous portion of the law 
concerning 
additional 
disbursements 
to 
the 
communications 
equipment program for general use .