47 U.S.C. § 225 — Telecommunications services for hearing-impaired and speech-impaired individuals

(a) Definitions. (1) Common carrier or carrier. This includes any common carrier providing interstate wire or radio communication (as section 153 defines it), and any common carrier providing intrastate wire or radio communication, even though sections 152(b) and 221(b) normally limit FCC authority over intrastate carriers. (2) TDD. A "Telecommunications Device for the Deaf" is a machine that sends coded signals as graphic communication over a wire or radio system. (3) Telecommunications relay services. These are phone services that let someone who is deaf, hard of hearing, deaf-blind, or has a speech disability communicate by wire or radio in a way that works just as well as voice communication does for a hearing person without a speech disability. (b) Availability of telecommunications relay services. (1) In general. To fulfill the purposes of section 151 - making rapid, efficient nationwide communication available to everyone in the U.S. and increasing the usefulness of the phone system - the Commission must ensure that both interstate and intrastate telecommunications relay services are available, as fully and efficiently as possible, to people who are hearing-impaired or speech-impaired. (2) Use of general authority and remedies. To administer and enforce this section, the Commission has the same authority and powers over carriers providing intrastate communication as it has over interstate carriers under the rest of this subchapter. A violation of this section by an intrastate carrier faces the same remedies, penalties, and procedures as a violation by an interstate carrier. (c) Provision of services. Within 3 years after July 26, 1990, every common carrier providing telephone voice service must provide telecommunications relay services throughout its service area, following the Commission's regulations - whether directly, through others it designates, through a competitively chosen vendor, or together with other carriers. A carrier counts as complying: for intrastate service in a state without a certified program (and for all interstate service), if it follows the Commission's regulations under subsection (d); or for intrastate service in a state with a certified program, if it follows that state's certified program. (d) Regulations. (1) In general. Within 1 year after July 26, 1990, the Commission must issue regulations that: set functional requirements, guidelines, and procedures for relay services; set minimum standards for carrying out subsection (c); require relay services to run 24 hours a day, every day; require relay service users to pay rates no higher than what they would pay for the same voice call, based on things like call length, time of day, and distance; forbid relay operators from refusing calls or limiting call length; forbid relay operators from revealing what was said in a relayed call, or keeping records of it once the call ends; and forbid relay operators from intentionally changing what is said in a relayed call. (2) Technology. The Commission's regulations must encourage using existing technology, consistent with section 157(a), without discouraging or blocking the development of better technology. (3) Jurisdictional separation of costs. (A) In general. Consistent with section 410, the Commission must issue regulations on how to divide costs between interstate and intrastate jurisdictions. (B) Recovering costs. Generally, costs from interstate relay services are recovered from all interstate service subscribers, and costs from intrastate relay services are recovered from the intrastate jurisdiction. In a state with a certified program, the state commission must let carriers recover their intrastate relay service costs using a method that meets this section's requirements. (e) Enforcement. (1) In general. Subject to subsections (f) and (g), the Commission enforces this section. (2) Complaint. The Commission must resolve, with a final order, any complaint alleging a violation of this section within 180 days after it is filed. (f) Certification. (1) State documentation. A state that wants to run its own program under this section must send the Commission documents describing its plan for intrastate relay services and how it will enforce the state program's requirements. (2) Requirements for certification. After reviewing that documentation, the Commission must certify the state's program if it finds that: the program makes intrastate relay services available - directly, through designees, through a competitively chosen vendor, or by regulating intrastate carriers - that meet or exceed the Commission's own regulations under subsection (d); and the program has adequate ways to enforce its own requirements. (3) Method of funding. Except as subsection (d) provides otherwise, the Commission cannot refuse to certify a state's program just because of how the state chooses to fund intrastate relay services. (4) Suspension or revocation of certification. The Commission can suspend or revoke a state's certification if, after notice and a hearing, it decides the certification is no longer justified. If a state's program is suspended or revoked, the Commission must take steps to keep relay services running in that state. (g) Complaint. (1) Referral of complaint. If someone complains to the Commission about intrastate relay services in a state with a currently certified program, the Commission must refer the complaint to that state. (2) Jurisdiction of Commission. After referring a complaint to a state, the Commission only takes it back if: the state has not taken final action on the complaint within 180 days after it was filed (or a shorter deadline set by the state's own rules); or the Commission decides the state's program no longer qualifies for certification.