An Act To Enhance the Operations of the Telecommunications Relay Services Advisory Council
Maine Legislature, Session 128, LD 1872
Committee: Energy, Utilities and Technology
Amends: 3 MRSA §959, 5 MRSA §12004-G, 35-A MRSA §7104, 35-A MRSA §8704, 35-A MRSA §8702, 35-A MRSA §8703

Legislative Document
No. 1872
H.P. 1305
House of Representatives, March 20, 2018
An Act To Enhance the Operations of the Telecommunications 
Relay Services Advisory Council
Reported by Representative BERRY of Bowdoinham for the Joint Standing Committee on 
Energy, Utilities and Technology pursuant to the Maine Revised Statutes, Title 3, section 955, 
subsection 4.
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  3 MRSA §959, sub-§1, ¶P, as amended by PL 2017, c. 255, §1, is further 
amended to read:
P.  The joint standing committee of the Legislature having jurisdiction over utilities 
and energy matters shall use the following list as a guideline for scheduling reviews:
(1)  Public Advocate in 2019;
(2)  Board of Directors, Maine Municipal and Rural Electrification Cooperative 
Agency in 2015;
(3)  
Public Utilities Commission, including the Emergency Services 
Communication Bureau, in 2021; and
(5)  Telecommunications Relay Services Advisory Council in 2017.
Sec. 2.  5 MRSA §12004-G, sub-§30-C, as enacted by PL 2005, c. 605, §3, is 
amended to read:
30-C.  
Sec. 3.  35-A MRSA §7104, sub-§7, as amended by PL 2011, c. 623, Pt. B, §16, 
is further amended to read:
7.  Telecommunications relay services support.  In order to ensure the affordability 
of telecommunications relay services throughout the State, the commission shall establish 
funding support for telecommunications relay services, including related outreach 
programs, within the state universal service fund established pursuant to subsection 3.
A.  In establishing the total level of support for the state universal service fund, the 
commission shall include funding levels for telecommunications relay services as 
recommended requested by the Telecommunications Relay Services Advisory 
Council, as established in section 8704, unless the commission determines, upon its 
own motion or upon the request of a voice network service provider, that the 
recommended funding levels may be unreasonable.  If the commission determines 
that the funding levels may be unreasonable, the commission shall open a proceeding 
to determine a reasonable funding level for telecommunications relay services, 
including related outreach programs.  Upon the conclusion of the proceeding, the 
commission shall establish funding support for telecommunications relay services, 
including related outreach programs, that it has found to be reasonable within the 
state universal service fund. pursuant to the submission of an annual budget in 
accordance with section 8704, subsection 6.  The commission shall transfer funds 
requested by the council, up to a maximum of $600,000 annually, to the 
Telecommunications Relay Services Council Fund established in section 8704, 
Public Utilities
Telecommunica-
tions Relay Services 
Advisory  Council
Not Authorized  
Some Expenses
35-A MRSA §8704
subsection 2-A.  The commission shall require contributions to the state universal 
service fund on a quarterly basis to meet the established funding support levels.
B.  In determining reasonable funding levels for telecommunications relay services, 
including related outreach programs, the commission may consider whether the 
recommended funding is for telecommunications relay services, including related 
outreach programs, that are:
(1)  Federally required services;
(2)  Services provided in other states with a similar deaf, hard-of-hearing and 
speech impaired population as this State; or
(3)  
Services that are designed to maximize the effectiveness of 
telecommunications relay services through the application of new technologies.
Sec. 4.  35-A MRSA §8702, sub-§1, as enacted by PL 1989, c. 851, §7, is 
amended to read:
1.  Council.  "Advisory council" "Council" means the Telecommunications Relay 
Services Advisory Council.
Sec. 5.  35-A MRSA §8703, sub-§§4 and 8, as enacted by PL 1989, c. 851, §7, 
are amended to read:
4.  Blockage level.  The allowable blockage level for the telecommunications relay 
services must be reasonable.  Complaints relating to the reasonableness of the blockage 
level may be brought to the commission by the advisory council or by 10 or more 
aggrieved persons pursuant to section 1302, subsection 1.
8.  Council.  The providers of telecommunications relay services must take into 
consideration any comments from the advisory council.
Sec. 6.  35-A MRSA §8704, as amended by PL 2015, c. 398, §1, is further 
amended to read:
§8704.  Council
The Telecommunications Relay Services Advisory Council, as established by Title 5, 
section 12004-G, subsection 30-C, shall evaluate telecommunications relay services in 
this State and provide advice to providers of telecommunications relay services 
implement the Maine telecommunications relay services program as certified by the 
Federal Communications Commission pursuant to 47 Code of Federal Regulations, Part 
64, Subpart F.
1.  Membership.  The advisory council consists of 12 members as follows:
A.  The Director of the Division for the Deaf, Hard of Hearing and Late Deafened, 
Bureau of Rehabilitation Services, Department of Labor, or a designee;
B.  The chair of the Commission for the Deaf, Hard of Hearing and Late Deafened 
established by Title 5, section 12004-J, subsection 17, or a designee;
C.  
One member from the Public Utilities Commission, appointed by the 
commissioners;
D.  One member from the office of the Public Advocate, appointed by the Public 
Advocate; and
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 disability rights organization in this State;
(4)  One member from 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 use telecommunications devices 
for the deaf that operate in connection with telecommunications relay services as 
their primary means of telecommunications; and
(7)  One member representing a company that provides telecommunications relay 
services 
through 
the 
Internet, 
wireless 
telecommunications 
or 
cable 
telecommunications.
2.  Compensation.  Compensation is not authorized. Members of the council are not 
authorized to receive payment or reimbursement for attendance or participation in regular 
meetings of the council, including but not limited to per diem compensation and mileage 
costs.  The council is authorized to reimburse members and individuals designated by the 
council 
for 
costs 
associated 
with 
participation 
in 
conferences 
regarding 
telecommunications relay services and telecommunications devices for the deaf or 
technologies for the deaf and hard of hearing.
2-A.  Telecommunications Relay Services Council Fund. The Telecommunications 
Relay Services Council Fund, referred to in this section as "the fund," is established as a 
nonlapsing fund to fund the activities of the council in accordance with this section.  The 
fund receives funds transferred by the commission in accordance with section 7104, 
subsection 7.  No more than $600,000 may be transferred into the fund annually.
2-B.  Meeting costs.  The council is authorized to pay for costs associated with 
scheduled meetings of the council or any meeting of a duly authorized subcommittee of 
the council, including costs associated with a venue, refreshments, interpreters for 
meeting attendees and transcription services.
3.  Technical assistance.  The commission shall provide technical assistance to the 
advisory council.
4.  Appointment of chair and vice-chair.  The Every 2 years, the members shall 
annually elect a chair and a vice-chair from among the membership.  The vice-chair shall 
serve as acting chair in the absence of the chair.  The council shall meet at the call of the 
chair but no fewer than 4 times during the calendar year.  The chair may delegate, as 
necessary, duties to members of the council, either individually or through the formation 
of subcommittees, to carry out the functions of the council.
5.  Powers and duties.  The advisory council shall evaluate telecommunications 
relay services in this State and shall advise providers of telecommunications relay 
services regarding telecommunications relay service matters, implement the Maine 
telecommunications relay services program as certified by the Federal Communications 
Commission pursuant to 47 Code of Federal Regulations, Part 64, Subpart F.  In 
implementing the state program, the council shall develop and execute programs and 
policies as necessary, including, but not limited to, the development of training standards 
and an evaluation of the service services being provided, including the quality and 
availability of that service those services.  The advisory council may enter into contracts 
with telecommunications relay service providers for the purpose of providing 
telecommunications relay services.
A.  The council may enter into one or more contracts with telecommunications relay 
services providers for the purpose of providing intrastate telecommunications relay 
services.  Notwithstanding any law to the contrary, the council shall choose one or 
more 
telecommunications 
relay 
services 
providers 
to 
provide 
intrastate 
telecommunications relay services through a bidding process developed in 
consultation with the division of purchases within the Department of Administrative 
and Financial Services, Bureau of General Services to be held no less than once every 
years.  The bidding process must ensure a process that recognizes the unique nature 
and limited number of telecommunications relay services providers.
B.  The council may enter into agreements with one or more entities to work with the 
telecommunications relay services providers to encourage use of telecommunications 
relay services.  Notwithstanding any law to the contrary, the council, in consultation 
with the division of purchases within the Department of Administrative and Financial 
Services, Bureau of General Services shall develop a process for entering into such 
agreements that recognizes the limited number of entities providing the services 
sought by the council.  Any agreement established under this paragraph may include 
compensation for outreach services that encourage the use of telecommunications 
relay services.
C.  The council may organize and fund projects designed to promote the use of 
telecommunications relay services, including but not limited to surveys, public 
forums and events.
D.  The council may develop, administer and fund pilot projects to provide access to 
telecommunications relay services.
6.  Council budget.  The council shall prepare and submit to the commission an 
annual budget of the projected costs of the council under this section for the coming fiscal 
year.  The annual budget may not exceed $600,000.  The annual budget must be 
submitted to the commission and the commission shall transfer funds to meet the 
council's budgeted costs to the fund established in subsection 2-A and pursuant to section 
7104, subsection 7.
SUMMARY
This bill is reported out by the Joint Standing Committee on Energy, Utilities and 
Technology pursuant to the Maine Revised Statutes, Title 3, section 955, subsection 4 to 
implement the recommendations made by the Telecommunications Relay Services 
Advisory Council in its report provided to the committee pursuant to the State 
Government Evaluation Act.
This bill does the following:
1.  It changes the name of the Telecommunications Relay Services Advisory Council 
to the Telecommunications Relay Services Council;
2.  It establishes the Telecommunications Relay Services Council Fund;
3.  It allows members and individuals to be reimbursed for costs associated with 
participation in conferences related to telecommunications relay services and 
telecommunications devices or technologies for the deaf and hard of hearing;
4.  It removes the requirement that the Public Utilities Commission provide technical 
assistance to the council;
5.  It allows the council to pay costs associated with scheduled meetings;
6.  It explicitly defines duties of the council to include the ability to contract for 
intrastate telecommunications relay services and outreach services, to organize and fund 
projects to promote the use of telecommunications relay services and to develop, 
administer and fund pilot projects to provide access to telecommunications relay services; 
and
7.  It changes the funding of the council to require that the council develop a yearly 
budget not to exceed $600,000 instead of requiring that the commission determine the 
funding level for the council and requires that the budget amount be transferred by the 
commission into the Telecommunications Relay Services Council Fund.