(a) Purpose. The provisions of this section are intended to
establish a statewide telecommunications relay service for individuals who
are hearing-impaired or speech-impaired using specialized telecommunications
devices and operator translations. Telecommunications relay service shall
be provided on a statewide basis by one telecommunications carrier, except
that the commission may contract with another vendor for a special feature
in certain circumstances. Certain aspects of telecommunications relay service
operations are applicable to local exchange companies and other telecommunications
providers.
(b) Provision of TRS. TRS shall provide individuals who are
hearing-impaired or speech-impaired with access to the telecommunications
network in Texas equal to that provided to other customers.
  (1) Components of TRS. TRS shall meet the mandatory minimum
standards defined in §26.5 of this title (relating to Definitions) and
further shall consist of the following:
    (A) switching and transmission of the call;
    (B) oral and print translations by either live or automated
means between individuals who are hearing-impaired or speech-impaired who
use specialized telecommunications devices and others who do not have such
devices;
    (C) sufficient operators and facilities to meet the grade and
quality of service standards established by the commission for TRS, including
the operator answering performance standards listed in §26.54(c)(2)(A)
and (D) of this title (relating to Service Objectives and Performance Benchmarks).

    (D) appropriate procedures for handling emergency calls;
    (E) confidentiality regarding existence and content of conversations;

    (F) capability of providing sufficient information to allow
calls to be accurately billed;
    (G) capability of providing for technologies such as hearing
carryover or voice carryover;
    (H) operator training to relay the contents of the call as
accurately as possible without intervening in the communications;
    (I) operator training in American Sign Language and familiarity
with the special communications needs of individuals who are hearing-impaired
or speech-impaired;
    (J) capability for callers to place calls through TRS from
locations other than their primary location and to utilize alternate billing
arrangements;
    (K) capability of providing both inbound and outbound intrastate
and interstate service;
    (L) capability for carrier of choice; and
    (M) other service enhancements approved by the commission.

  (2) Conditions for interstate service. The TRS carrier
shall not be reimbursed from the Texas Universal Service Fund (TUSF) for the
cost of providing interstate TRS. Interstate TRS shall be funded through the
interstate jurisdiction as mandated by the Federal Communications Commission.
Separate funds and records shall be maintained for intrastate TRS and interstate
TRS.
  (3) Rates and charges. The following rates and charges
shall apply to TRS:
    (A) Local calls. The calling and called parties shall bear
no charges for calls originating and terminating within the same toll-free
local calling scope.
    (B) Intrastate long distance calls. The TRS carrier shall discount
its tariffed intrastate rates by 50% for TRS users.
    (C) Access charges. Telecommunications providers shall not
impose access charges on calls that make use of this service and which originate
and terminate within the same toll-free local calling scope.
    (D) Billing and collection services. Upon request by the TRS
carrier, telecommunications providers shall provide billing and collection
services in support of this service at just and reasonable rates.
(c) Contract for the TRS carrier.
  (1) Selection. On or before April 1, 2000, the commission shall
issue a request for proposal and select a carrier to provide statewide TRS
based on the following criteria: price, the interests of individuals who are
hearing-impaired and speech-impaired in having access to a high quality and
technologically-advanced telecommunications system, and all other factors
listed in the commission's request for proposals. The commission shall consider
each proposal in a manner that does not disclose the contents of the proposal
to competing offerers. The commission's determination shall include evaluations
of charges for the service, service enhancements proposed by the offerers,
and technological sophistication of the network proposed by the offerers.
The commission shall make a written award of the contract to the offerer whose
proposal is the most advantageous to the state.
  (2) Location. The operator centers used to provide statewide
TRS shall be located in Texas.
  (3) Contract administration.
    (A) Contract amendments. All recommendations for amendments
to the contract shall be filed with the executive director of the commission
on June 1 of each year. The executive director is authorized to approve or
deny all amendments to the contract between the TRS carrier and the commission,
provided, however, that the commission specifically shall approve any amendment
that will increase the cost of TRS.
    (B) Reports. The TRS carrier(s) and telecommunications providers
shall submit reports of their activities relating to the provision of TRS
upon request of the commission or the Relay Texas administrator.
    (C) Compensation. The TRS carrier(s) shall be compensated by
the TUSF for providing TRS at the rates, terms, and conditions established
in its contract with the commission, subject to the following conditions:

      (i) Reimbursement shall include the TRS costs that are not
paid by the calling or the called party, except the TRS carrier shall not
be reimbursed for the 50% discount set forth in subsection (b)(3)(B) of this
section.
      (ii) Reimbursement may include a return on the investment required
to provide the service and the cost of unbillable and uncollectible calls
placed through the service, provided that the cost of unbillable and uncollectible
calls shall be subject to a reasonable limitation as determined by the commission.

      (iii) The TRS carrier shall submit a monthly report to the
commission justifying its claims for reimbursement under the contract. Upon
approval by the commission, the TUSF shall make a disbursement in the approved
amount.
(d) Special features for TRS.
  (1) The commission may contract for a special feature for the
state's telecommunications relay access service if the commission determines:

    (A) the feature will benefit the communication of persons with
an impairment of hearing or speech;
    (B) installation of the feature will be of benefit to the state;
and
    (C) the feature will make the relay access service available
to a greater number of users.
  (2) If the carrier selected to provide the telecommunications
relay access service is unable to provide the special feature at the best
value to the state, the commission may make a written award of a contract
for a carrier to provide the special feature to the telecommunications carrier
whose proposal is most advantageous to the state, considering;
    (A) factors stated in subsection (c)(1) of this section;
    (B) the past performance demonstrated capability and experience
of the carrier.
  (3) The commission shall consider each proposal in
a manner that does not disclose the contents of the proposal to a telecommunications
carrier making a competing proposal.
  (4) The commission's evaluation of a telecommunications
carrier's proposal shall include the considerations listed in subsection (c)(1)
of this section.
(e) Advisory Committee. The commission shall appoint an Advisory
Committee, to be known as the Relay Texas Advisory Committee (RTAC) to assist
the commission in administering TRS and the specialized telecommunications
assistance program, as specified by the Public Utility Regulatory Act (PURA) §56.111.
The Relay Texas administrator shall serve as a liaison between the RTAC and
the commission. The Relay Texas administrator shall ensure that the RTAC receives
clerical and staff support, including a secretary or court reporter to document
RTAC meetings.
  (1) Composition. The commission shall appoint RTAC members
based on recommended lists of candidates submitted by the organizations named
as follows. The RTAC shall be composed of:
    (A) two persons with disabilities other than disabilities of
hearing and speech that impair the ability to effectively access the telephone
network;
    (B) one deaf person recommended by the Texas Deaf Caucus;

    (C) one deaf person recommended by the Texas Association of
the Deaf;
    (D) one hearing-impaired person recommended by Self-Help for
the Hard of Hearing;
    (E) one hearing-impaired person recommended by the American
Association of Retired Persons;
    (F) one deaf and blind person recommended by the Texas Deaf/Blind
Association;
    (G) one speech-impaired person and one speech-impaired and
hearing-impaired person recommended by the Coalition of Texans with Disabilities;

    (H) two representatives of telecommunications utilities, one
representing a local exchange company and one representing a telecommunications
carrier other than a local exchange company, chosen from a list of candidates
provided by the Texas Telephone Association;
    (I) two persons, at least one of whom is deaf, with experience
in providing relay services, recommended by the Texas Commission for the Deaf;
and
    (J) two public members recommended by organizations representing
consumers of telecommunications services.
  (2) Conditions of membership. The term of office
of each RTAC member shall be two years. A member whose term has expired shall
continue to serve until a qualified replacement is appointed. In the event
a member cannot complete his or her term, the commission shall appoint a qualified
replacement to serve the remainder of the term. RTAC members shall serve without
compensation but shall be entitled to reimbursement at rates established for
state employees for travel and per diem incurred in the performance of their
official duties, provided such reimbursement is authorized by the Texas Legislature
in the General Appropriations Act.
  (3) Responsibilities. The RTAC shall undertake the following
responsibilities:
    (A) monitor the establishment, administration, and promotion
of the statewide TRS;
    (B) advise the commission regarding the pursuit of services
that meet the needs of individuals who are hearing-impaired or speech-impaired
in communicating with other users of telecommunications services;
    (C) advise the commission regarding issues related to the contract
between the TRS carrier and the commission, including any proposed amendments
to such contract;
    (D) advise the commission and the Texas Commission for the
Deaf and Hard of Hearing, at the request of either commission, regarding issues
related to the specialized telecommunications assistance program, including
devices or services suitable to meet the needs of persons with disabilities
in communicating with other users of telecommunications services.
  (4) Committee activities report. After each RTAC
meeting, the Relay Texas administrator shall prepare a report to the commission
regarding the RTAC activities and recommendations.
    (A) The Relay Texas administrator shall file in Central Records
under Project Number 13928, and provide to each commissioner, a report containing:

      (i) the minutes of the meeting;
      (ii) a memo summarizing the meeting; and
      (iii) a list of items, recommended by the RTAC, for the Relay
Texas administrator to discuss with the TRS carrier, including issues related
to the provisioning of the service that do not require amendments to the contract.

    (B) Within 20 days after a report is filed, any commissioner
may request that one or more items described in the report be placed on an
agenda to be discussed during an open meeting of the commission. If no commissioner
requests that the list be placed on an agenda for an open meeting, the report
is deemed approved by the commission.
  (5) Evaluation of RTAC costs and effectiveness. The
commission shall evaluate the advisory committee annually. The evaluation
shall be conducted by an evaluation team appointed by the executive director
of the commission. The commission liaison, RTAC members, and other commission
employees who work directly or indirectly with the RTAC, TRS, or the equipment
distribution program shall not be eligible to serve on the evaluation team.
The evaluation team will report to the commission in open meeting each August
of its findings regarding:
    (A) the committee's work;
    (B) the committee's usefulness; and
    (C) the costs related to the committee's existence, including
the cost of agency staff time spent in support of the committee's activities.



Source Note: The provisions of this §26.414 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514