An Act To Promote Telecommunications Availability for the Deaf and Hard of Hearing
Maine Legislature, Session 124, LD 0766
Committee: Utilities and Energy
Sponsors: WAGNER, BOWMAN, FLAHERTY, FLETCHER
Amends: 35-A MRSA §7302, 35-A MRSA §8702, 35-A MRSA §8703, 35-A MRSA §8704

MAINE STATE LEGISLATURE 
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-124th MAINE LEGISLATURE 
Legislative Document 
No: 766 
H.P.525 
House of Representatives, Febmary 26,2009 
An Act To Promote Telecommunications Availability for the Deaf 
and Hard of Hearing 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative WAGNER of LYIllan. 
Cosponsored by Senator BOWMAN of York and 
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/11. 7J?ac~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: FLAHERTY of Scarborough, FLETCHER of Winslow. 
('rjllted un I"I.!Ly.;lt.:ti paper 
Be it enact~d by the People ofthe State of Maine as follows: 
Sec. 1. 35-A MRSA §7302, sub-§l, as amended by PL 1995, c. 560, Pt. F, §15, 
is further amended to read: 
L 
Rate reduction. 
The commission shall establish a 70% rate reduction for 
intrastate usage-sensitive toll calls made on lines, or via credit cards assigned to lines, 
used for making calls from certified deaf, hard-of-hearing or speech-impaired persons 
who must rely on teletype'ivriters telecommunications devices for the deaf for residential 
telephone communications. In addition, the 70% rate reduction must apply to all usage-
sensitive intrastate toll calls using the state telecommunications relay service. . Upon 
request, this discount must be provided to any noncertified user making calls to a certified 
user, provided the noncertified user informs the local exchange carrier or intrastate toll 
provider of the relevant billed calls made during each billing period. This reduction must 
also apply to intrastate toll calls made by agencies certified by the Division of Deafness· 
in the Department of Labor as eligible to receive a discount, while providing vocal relay 
services to deaf, hard-of-hearing or speech-impaired persons, as well as to community 
service centers serving deaf, hard-of-hearing or speech-impaired persons cen;ified by the 
Division of Deafness of the Department of Labor as eligible to receive a discount. The 
costs incurred by a telephone company under this subsection are just and reasonable 
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expen~es for rate-making purposes. 
Sec. 2. 35-A MRSA §7302, sub~§2, as amended by PL 1993, c. 275, §1, is 
further amended to read: 
. 
2. 
Customers qualifying for the reduction. 
To qualify for the reduction, a 
customer must file an affidavit, on a form approved by the Public Utilities Commission 
commission, with the telephone utility customer's intrastate toll provider, stating that, due 
to deafness, hearing impairment or speech impairment, the customer or a member of the 
household must rely on a teletypewriter for telephone communications and that the 
equipment is connected or acoustically . coupled to the customer's telephone 
telecommunications device for the deaf for telecommunications. 
Sec. 3. 35 .. A MR.SA §7302, sub-§3 is enacted to read: 
3. 
Telecommunications device for the deaf. . For purposes of this section 
"telecommunications device for the deaf'. has the same. meaning as in section 8702, 
subsection 6. 
Sec. 4. 35-A MR:SA §7505,sub-§5, as amended byPL 1993, c. 708, Pt. J, §11, is 
further amended to read: 
5. Devices: The requirements of this section may be satisfied by installation of· 
telecommunication 
typewriters, 
incluciing 
so called 
telecOImnunication 
telecommunications devices for the deaf as defined in section 8702, subsection 6, or other: 
devices approved by the Department of Education Labor, Office of Rehabilitation 
Services, Division of Deafness. 
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Sec. 5. 35-A MRSA§8701, as enacted by PL 1989, c. 851, §7, is amended to 
read: 
§8701. Findings 
The Legislature finds and declares that it is in the public interest to establish an 
effective statewide system to provide continuous telecommunications relay services to 
facilitate communication between deaf, hearing impaired or speech impaired persons who 
must rely on use telecommunications devices for the deaf and persons using standard 
telephone equipment. 
Sec. 6. 35-A MRS A §8702, sub-§3-A is enacted to read: 
3-A. Hard-of-hearing person. "Hard-of-hearing person" means a person whose 
sense of hearing is reduced but still functional, with or without amplification. 
Sec. 7. 35-A MRSA §8702~ sub-§5, as enacted by PL 1989, c. 851, §7, IS 
amended to read: 
5. Speech impaired person. "Speech impaired person" means. a person whose 
speech is nonfunctional or defective diminished for the purpose of ordinary 
communication. 
Sec. 8. 35-A MRSA §8702, sub-§6, as enacted by PL 1989, c. 851; §7, IS 
amended to read: 
6. Telecommunications device for the deaf or TDD. "Telecommunications device 
for the deaf' or "TDD" means a teletypewriter .. or TTY, or other telecommunication 
equipment used by deaf, hearing impaired or speech impaired people to conduct 
telephone communications, including but not limited to devices required for captioned 
. telephone service, equipment necessary to perform video relay service and 2-way paging 
devices. 
Sec. 9. 
35-A MRSA §8702, sub-§7, as enacted by PL 1989, c. 851, §7, IS 
amended to read: ' 
7. Telecommunications relay service. "Telecommunications relay service" means 
a service transmitting messages .. and information between a person using standard 
telephone equipm~nt for spoken communications and a deaf, hearing impaired ot speech 
imvaired verson usine a telecommunications device for the deaf and another person. 
Sec. 10. 35-A MRSA §8703, sub-§I, as enacted by PL 1989, c. 851, §7, IS 
amended to read: 
1. Geographic availability. Services must be available on a statewide basis to the 
extent that they are technologically feasible. 
Sec. 11. 35-A MRSA §8704, sub-§I, ~, as amended by PL 2005, c. 279, §17, 
is further amended to read: 
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E. 
Eight members appointed by the Governor as follows: 
(1) One member from the Maine Educational Center for the Deaf and Hard of 
Hearing and the Governor Baxter School for the Deaf; 
(2) One member from a statewide association for the deaf; 
(3) One member from a center on deafness; 
(4) One member from a company the largest incumbent local exchange carrier· 
providing telecommunications relay service in this State; 
(5) 
One member of a telephone association in this State, except that the 
representative under this subparagraph may not be a representative of the carrier 
under subparagraph (4); 
(6) Two members from the general public who must rely on TTYs for use 
telecommunications 
devices 
for 
the 
deaf as 
a 
primary 
means 
of 
telecommunications; and 
(7) One member representing a cellular or wireless service provider. 
SUMMARY 
This bill clarifies that the 70% rate reduction in intrastate toll calls established by the 
Public Utilities Commission for deaf, hard-of-hearing and speech-impaired persons 
applies when there are toll charges assessed for the calls. The bill also replaces certain 
references in the law to teletypewriters with references to telecommunications devices for 
the deaf. This is intended to reflect the new ways in which the deaf and hard-of-hearing 
community uses telecommunications services. The bill clarifies that the. Division. of 
Deafness is in the Department of Labor and not the Department of Education. The bill 
changes the definition for telecommunications devices for the deaf. The bill also clarifies 
that an entity can qualify as a telecommunications relay service provider even if there are 
parts of the State where it is not technologically feasible to provide the service. The bill 
. clarifies the membership of the Telecommunications Relay Services Advisory Council. 
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