BILL NUMBER: AB 136	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Beall

                        JANUARY 12, 2011

   An act to amend Section 2881 of the Public Utilities Code,
relating to telecommunications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 136, as introduced, Beall. Telecommunications: universal
service: deaf and disabled.
    Under existing law, the Public Utilities Commission has
regulatory authority over public utilities, including telephone
corporations. Existing law requires the commission to oversee
administration of the state's universal service programs, including
the deaf and disabled programs. The existing deaf and disabled
universal service program, among other things, requires the
commission to design and implement a program to provide a
telecommunications device capable of serving the needs of individuals
who are deaf or hearing impaired, together with a single party line,
at no charge additional to the basic exchange rate, to any
subscriber who is certified as an individual who is deaf or hearing
impaired.
   This bill would make technical, nonsubstantive changes to
provisions of law relating to the deaf and disabled universal service
program.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2881 of the Public Utilities Code is amended to
read:
   2881.  (a) The commission shall design and implement a program to
provide a telecommunications device capable of serving the needs of
individuals who are deaf or hearing impaired, together with a single
party line, at no charge additional to the basic exchange rate, to
 any   a  subscriber who is certified as an
individual who is deaf or hearing impaired by a licensed physician
and surgeon, audiologist, or a qualified state or federal agency, as
determined by the commission, and to  any   a
 subscriber that is an organization representing individuals who
are deaf or hearing impaired, as determined and specified by the
commission pursuant to subdivision (e). A licensed hearing aid
dispenser may certify the need of an individual to participate in the
program if that individual has been previously fitted with an
amplified device by the dispenser and the dispenser has the
individual's hearing records on file prior to certification. In
addition, a physician assistant may certify the needs of an
individual who has been diagnosed by a physician and surgeon as being
deaf or hearing impaired to participate in the program after
reviewing the medical records or copies of the medical records
containing that diagnosis.
   (b) The commission shall also design and implement a program to
provide a dual-party relay system, using third-party intervention to
connect individuals who are deaf or hearing impaired and offices of
organizations representing individuals who are deaf or hearing
impaired, as determined and specified by the commission pursuant to
subdivision (e), with persons of normal hearing by way of
intercommunications devices for individuals who are deaf or hearing
impaired and the telephone system, making available reasonable access
of all phases of public telephone service to telephone subscribers
who are deaf or hearing impaired. In order to make a dual-party relay
system that will meet the requirements of individuals who are deaf
or hearing impaired available at a reasonable cost, the commission
shall initiate an investigation, conduct public hearings to determine
the most cost-effective method of providing dual-party relay service
to the deaf or hearing impaired when using a telecommunications
device, and solicit the advice, counsel, and physical assistance of
statewide nonprofit consumer organizations of the deaf, during the
development and implementation of the system.  The commission
shall phase in this program, on a geographical basis, over a
three-year period ending on January 1, 1987.  The commission
shall apply for certification of this program under rules adopted by
the Federal Communications Commission pursuant to Section 401 of the
federal Americans with Disabilities Act of 1990 (Public Law
101-336).
   (c) The commission shall also design and implement a program
whereby specialized or supplemental telephone communications
equipment may be provided to subscribers who are certified to be
disabled at no charge additional to the basic exchange rate. The
certification, including a statement of visual or medical need for
specialized telecommunications equipment, shall be provided by a
licensed optometrist, physician and surgeon, or physician assistant,
acting within the scope of practice of his or her license, or by a
qualified state or federal agency as determined by the commission.
The commission shall, in this connection, study the feasibility of,
and implement, if determined to be feasible, personal income
criteria, in addition to the certification of disability, for
determining a subscriber's eligibility under this subdivision.
   (d) The commission shall establish a rate recovery mechanism
through a surcharge not to exceed one-half of 1 percent uniformly
applied to a subscriber's intrastate telephone service, other than
one-way radio paging service and universal telephone service, both
within a service area and between service areas, to allow providers
of the equipment and service specified in subdivisions (a), (b), and
(c), to recover costs as they are incurred under this section. The
surcharge shall be in effect until January 1, 2014. The commission
shall require that the programs implemented under this section be
identified on subscribers' bills, and shall establish a fund and
require separate accounting for each of the programs implemented
under this section.
   (e) The commission shall determine and specify those statewide
organizations representing the deaf or hearing impaired that shall
receive a telecommunications device pursuant to subdivision (a) or a
dual-party relay system pursuant to subdivision (b), or both, and in
which offices the equipment shall be installed in the case of an
organization having more than one office.
   (f) The commission may direct  any   a 
telephone corporation subject to its jurisdiction to comply with its
determinations and specifications pursuant to this section.
   (g) The commission shall annually review the surcharge level and
the balances in the funds established pursuant to subdivision (d).
Until January 1, 2014, the commission  shall be authorized to
  may  make, within the limits set by subdivision
(d), any necessary adjustments to the surcharge to ensure that the
programs supported thereby are adequately funded and that the fund
balances are not excessive. A fund balance  which 
 that  is projected to exceed six months' worth of projected
expenses at the end of the fiscal year is excessive.
   (h) The commission shall prepare and submit to the Legislature, on
or before December 31 of each year, a report on the fiscal status of
the programs established and funded pursuant to this section and
Sections 2881.1 and 2881.2. The report shall include a statement of
the surcharge level established pursuant to subdivision (d) and
revenues produced by the surcharge, an accounting of program
expenses, and an evaluation of options for controlling those expenses
and increasing program efficiency, including, but not limited to,
all of the following proposals:
   (1) The establishment of a means test for persons to qualify for
program equipment or free or reduced charges for the use of
telecommunication services.
   (2) If and to the extent not prohibited under Section 401 of the
federal Americans with Disabilities Act of 1990 (Public Law 101-336),
the imposition of limits or other restrictions on maximum usage
levels for the relay service, which shall include the development of
a program to provide basic communications requirements to all relay
users at discounted rates, including discounted toll-call rates, and,
for usage in excess of those basic requirements, at rates 
which   that  recover the full costs of service.
   (3) More efficient means for obtaining and distributing equipment
to qualified subscribers.
   (4) The establishment of quality standards for increasing the
efficiency of the relay system.
   (i) In order to continue to meet the access needs of individuals
with functional limitations of hearing, vision, movement,
manipulation, speech  ,  and interpretation of information,
the commission shall perform ongoing assessment of, and if
appropriate, expand the scope of the program to allow for additional
access capability consistent with evolving telecommunications
technology.
   (j) The commission shall structure the programs required by this
section so that  any   a  charge imposed to
promote the goals of universal service reasonably equals the value
of the benefits of universal service to contributing entities and
their subscribers.