§ 218a. Permanent telecommunications relay service
(a)(1) The Department of Public Service shall develop the necessary standards for the establishment
of a permanent, statewide telecommunications relay service and for an associated equipment
program.
(2) The standards developed by the Department shall be equal to or exceed those standards
mandated by the Americans With Disabilities Act of 1990 (Public Law 101-336, 104 Stat.
327 (1990)) and expressly require that the designated provider of Vermont’s telecommunications
relay services comply, as expeditiously as possible, with any additional federal regulations
that may be promulgated by the Federal Communications Commission in accordance with
the provisions of this section.
(b) The Department of Public Service shall issue a request for proposal seeking competitive
bids from qualified vendors to provide telecommunications relay services and competitive
bids from qualified vendors to provide telecommunications equipment in accordance
with the provisions of this section, including the standards developed under subsection
(a) of this section. The term of any contract shall not exceed four years.
(c) The Department of Public Service may contract with the qualified bidder offering the
most favorable proposal, giving due consideration to costs, to quality of service,
and to the interests of the community of people who are deaf, hard of hearing, or
have speech limitations.
(d)(1) The Department of Public Service shall establish the Vermont Telecommunications Relay
Service Advisory Council composed of the following members: one representative of
the Department of Public Service designated by the Commissioner of Public Service;
one representative of the Department of Disabilities, Aging, and Independent Living;
two representatives of the deaf community; one member of the community of people who
are hard of hearing or have a speech limitation; one representative of a company providing
local exchange service within the State; and one representative of an organization
currently providing telecommunications relay services.
(2)(A) The Council shall elect from among its members a chair and vice chair. Meetings shall
be convened at the call of the Chair or a majority of the members of the Council.
The Council shall meet not more than six times a year.
(B) The members of the Council who are not officers or employees of the State shall receive
per diem compensation and expense reimbursement in amounts authorized by 32 V.S.A. § 1010(b). The costs of the compensation and reimbursement and any other necessary administrative
costs shall be included within the contract entered into under subsection (c) of this
section.
(3) The Council shall advise the Department of Public Service and the contractor for telecommunications
relay services on all matters concerning the implementation and administration of
the State’s telecommunications relay service, including the telecommunications equipment
grant program established pursuant to subsection (e) of this section.
(e)(1) The Department shall propose and the Commission shall establish by rule or order a
telecommunications equipment grant program to assist persons who are deaf, deaf-blind,
hard of hearing, have a speech limitation, and persons with physical disabilities
that limit their ability to use standard telephone equipment to communicate by telephone.
(2) Pursuant to this program, a person who is deaf, deaf-blind, hard of hearing, has a
speech limitation, or a person with a physical disability that limits his or her ability
to use standard telephone equipment whose modified adjusted gross income as defined
in 32 V.S.A. § 5829(b)(1) for the preceding taxable year was less than 200 percent of the official poverty
line established by the U.S. Department of Health and Human Services for a family
of six or the actual number in the family, whichever is greater, published as of October
1 of the preceding taxable year, may be eligible for a benefit toward the purchase,
upgrade, or repair of equipment used to access the relay service or otherwise communicate
by telephone. The total benefits allocable under this subsection shall not exceed
$75,000.00 per year.
(3) In adopting rules, the Commission shall consider the following:
(A) prior benefits;
(B) degree of functional need;
(C) income;
(D) number of applicants;
(E) disposition of equipment upon change of residence; and
(F) appropriate limits on per person benefit levels based on the equipment needed and
the income level of the applicant.
(f) The costs of the State’s telecommunications relay service and any equipment benefit
under subsection (e) of this section shall be included as part of the Vermont Universal
Service Fund Program. (Added 1991, No. 6, § 2, eff. March 20, 1991; amended 1997, No. 135 (Adj. Sess.), § 4; 1999, No. 67 (Adj. Sess.), § 2; 1999, No. 157 (Adj. Sess.), § 6; 2001, No. 93 (Adj. Sess.), § 1; 2005, No. 171 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 59; 2013, No. 96 (Adj. Sess.), § 192; 2017, No. 118 (Adj. Sess.), § 1, eff. May 2, 2018; 2019, No. 128 (Adj. Sess.), § 14.)