Compilation of the Communications Act of 1934 and Related Provisions of Law

SHORT TITLE

SEC. 709. [47 U.S.C. 609] This Act may be cited as the "Communications Act of 1934."

TELEPHONE SERVICE FOR THE DISABLED

SEC. 710. [47 U.S.C. 610] (a) The Commission shall establish such_regulations as are necessary to ensure reasonable access to telephone service by persons with impaired hearing.

(b) The Commission shall require that essential telephones provide internal means for effective use with hearing aids that are specially designed for telephone use. For purposes of this subsection, the term "essential telephones" means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids.

(d) The Commission shall establish such requirements for the labeling of packaging materials for equipment as are needed to provide adequate information to consumers on the compatibility between telephones and hearing aids.

(e) In any rulemaking to implement the provisions of this section, the Commission shall specifically consider the costs and benefits to all telephone users, including persons with and without hearing impairments. The Commission shall ensure that regulations adopted to implement this section encourage the use of currently available technology and do not discourage or impair the development of improved technology.

(f) The Commission shall complete rulemaking actions required by this section and issue specific and detailed rules and regulations resulting therefrom within one year after the date of enactment of the Telecommunications for the Disabled Act of 1982. Thereafter the Commission shall periodically review such rules and regulations. Except for coin-operated telephones and telephones provided for emergency use, the Commission may not require the retrofitting of equipment to achieve the purposes of this section.

(g) Any common carrier or connecting carrier may provide specialized terminal equipment needed by persons whose hearing, speech, vision, or mobility is impaired. The State commission may allow the carrier to recover in its tariffs for regulated service reasonable and prudent costs not charged directly to users of such equipment.

(h) The Commission shall delegate to each State commission the authority to enforce within such State compliance with the specific regulations that the Commission issues under subsections (a) and (b), conditioned upon the adoption and enforcement of such regulations by the State commission. 250

250 Section 610 was added by Public Law 97-410, 96 Stat. 2043, approved Jan. 3, 1983. Section 2 of the statute stated:

The Congress finds that—

(1) all persons should have available the best telephones service which is technologically and economically feasible;

Continued

TELECOMMUNICATIONS POLICY STUDY COMMISSION 251

SEC. 711. [47 U.S.C. 611] (a) There is hereby established the Telecommunications Policy Study Commission (hereinafter in this section referred to as the "Commission") which shall

(1) compare various domestic telecommunications policies of the United States and other nations, including the impact of all such policies on the regulation of interstate and foreign commerce and

(2) prepare and transmit a written report thereon to the Congress, the President, and the Federal Communications Commission.

(b)(1) Such Commission shall be composed of the chairman and ranking minority members of the Committee on Commerce, Science, and Transportation and the Communications Subcommittee of the Senate and the Committee on Energy and Commerce and the Telecommunications, Consumer Protection and Finance Subcommittee of the House of Representatives (or delegates of such chairmen or members appointed by them from among members of such committees).

(2) The chairmen of such committees (or their delegates) shall be co-chairmen of the Commission.

(c)(1) The report under subsection (a)(2) shall be submitted not later than December 1, 1987. Such report shall contain the results of all Commission studies and investigations under this section. (2) The Commission shall cease to exist

(A) on December 1, 1987, if the report is not submitted in accordance with paragraph (1) on the date specified therein; or (B) on such date (but not later than May 1, 1988) as may be determined by the Commission, by order, if the report is submitted in accordance with paragraph (1) on the date specified in such paragraph.

(d)(1) The members of the Commission who are not officers or employees of the United States, while attending conferences or meetings of the Commission or while otherwise serving at the request of the chairmen, shall be entitled to receive compensation at a rate not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of title 5 of the United States Code, including traveltime, and while away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently.

(2) The Commission may appoint and fix the pay of such staff as it deems necessary.

(2) currently available technology is capable of providing telephone service to some individuals who, because of hearing impairments, require telephone reception by means of hearing aids with induction coils, or other inductive receptors;

(3) the lack of technical standards ensuring compatibility between hearing aids and telephones has prevented receipt of the best telephone service which is technologically and economically feasible; and

(4) adoption of technical standards is required in order to ensure compatibility between telephones and hearing aids, thereby accommodating the needs of individuals with hearing impairments.

251 Section 711 was added by the Cable Communications Policy Act of 1984, Public Law 98549, 98 Stat. 2804, Oct. 30, 1984.

(e)(1) In conducting its activities, the Commission may enter into contracts to the extent it deems necessary to carry out its reponsibilities, including contracts with nongovernmental entities that are competent to perform research or investigations in areas within the Commission's responsibilities.

(2) The Commission is authorized to hold public hearings, forums, and other meetings to enable full public participation.

(f) The heads of the departments, agencies, and instrumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out this section and shall furnish to the Commission such information as the Commission deems necessary to carry out this section, in accordance with otherwise applicable law.

(g) There are authorized to be appropriated such sums as may be appropriated to carry out this section for a period of three fiscal years.

(h) Activities authorized by this section may be carried out only with funds and to the extent approved in appropriation Acts.

(i) Nothing in this section shall be construed to affect any proceedings by, or activities of, the Federal Communications Commission, except that the Federal Communications Commission shall consider submissions by the Commission submitted pursuant to subsection (a)(2).