Sec. 302. Relay services
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The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ), as amended by this Act, is amended— in section 225 ( 47 U.S.C. 225 )— in subsection (a)— by redesignating paragraphs
(2)and
(3)as paragraphs
(5)and (6), respectively; by inserting after paragraph
(1)the following: The term communication facilitator means a skilled user of American Sign Language who is able to facilitate the ability of a DeafBlind person to engage in transmission and other services described in this section by conveying the information provided during the use of those services to the DeafBlind person through close vision or tactile American Sign Language. The term Deaf interpreter means an individual who— is deaf or hard of hearing; possesses native or near-native fluency in American Sign Language; and has specialized training or experience to assist in providing functionally equivalent sign language interpretation for an individual using American Sign Language in a situation that— requires linguistic or cultural mediation; may be highly complex in nature; or may involve individuals who face linguistic challenges, such as through atypical language use, language deprivation, or idiosyncratic signing styles. The term direct video calling service means telephone customer support using one-to-one video communication that— is facilitated by a contact center representative; and enables a real-time conversation to occur directly between not fewer than 2 parties using American Sign Language— not less than 1 of the parties to which is a governmental agency, business, non-profit organization, emergency authority, or other enterprise; and not less than 1 of the parties to which— is deaf, hard of hearing, or DeafBlind; or has a speech disability or auditory processing disorder. ; and by striking paragraph (6), as so redesignated, and inserting the following: The term telecommunications relay services means— transmission services that provide the ability for an individual who is deaf, hard of hearing, or DeafBlind, or who has a speech disability or an auditory processing disorder, to engage in communication by wire or radio with 1 or more individuals, in a manner that is functionally equivalent to (or, if technically feasible, equal to) the ability of a hearing individual who does not have a speech disability to communicate using voice communication services or advanced communications services by wire or radio; and other services facilitating functionally equivalent communication by wire or radio for an individual who is deaf, hard of hearing, or DeafBlind, or who has a speech disability or an auditory processing disorder, including the provision of communication facilitators for an individual who is DeafBlind and the provision of direct video calling services for a call center to facilitate point-to-point communication in American Sign Language between government agencies, businesses, emergency authorities, or other enterprises and users of American Sign Language. ; and in subsection (d), by adding at the end the following: Not later than 2 years after the date of enactment of this paragraph, the Commission shall promulgate such regulations as are necessary to— define as eligible for relay service support from the fund described in section 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on that date of enactment— programs that are approved by the Commission to support direct video calling services; programs that are approved by the Commission to support the provision of communication facilitators; the expenses associated with the provision of a Deaf interpreter when necessary to provide functional equivalency for a party on a call using video relay service, as defined in section 64.601(a)(51) of title 47, Code of Federal Regulations, or any successor regulation; programs that are designed, in accordance with subparagraph (B), to improve access to emergency authorities by users of video relay services and direct video calling services to achieve the objectives described in clause (ii); and expenses approved by the Commission to interconnect with video conferencing services; achieve full, equal, and direct access to public safety answering points, as that term is defined in section 222(h), and other local emergency authorities, including emergency authorities responding to wireless calls made by dialing 9–1–1, by individuals who— are deaf, hard of hearing, or DeafBlind, or who have a speech disability or a cognitive disability; and use American Sign Language; ensure that a person can have a single telephone number for the purpose of receiving calls and messages from other entities calling by means of video relay services or voice or electronic text messaging services; and ensure that all telecommunications relay services can directly and natively interconnect with video conferencing services and the public switched telephone network. The regulations described in subparagraph (A)(i)(IV) shall, at a minimum, require that users communicating by means of a video relay service, as that term is defined in section 64.601 of title 47, Code of Federal Regulations, or any successor regulation, shall be capable of using native dialing or 1-step access on a mobile phone so that such communication— includes the location information of the user, to be transmitted and delivered immediate and directly to the applicable emergency authority; and is received by the applicable emergency authority with the same speed and efficiency as a voice call made by dialing 9–1–1. Not later than 4 years after the date of enactment of this paragraph, and once every 4 years thereafter, the Commission shall, as necessary to respond to evolving communication technologies, reassess and, as necessary, update the regulations prescribed under this subsection to ensure that those regulations effectively satisfy the communication needs of individuals with disabilities who are covered by this Act, including by— assessing the need for new modes of telecommunications relay services; increasing and improving the mandatory minimum standards to ensure the quality of telecommunications relay services; and assessing the impact that evolving communication technologies have on the privacy of users of telecommunications relay services. ; and by inserting after section 715 ( 47 U.S.C. 616 ) the following: In this section, the term TRS Fund means the fund described in 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on the date of enactment of this section. Not later than 1 year after the date of enactment of this section, each provider of video conferencing services shall participate in, and contribute to, the TRS Fund in a manner prescribed by the Commission by regulation to provide for obligations of those providers that are consistent with, and comparable to, the obligations of other contributors to the TRS Fund. The Commission shall use contributions made under subsection
(b)to carry out the program under subpart GG of part 64 of title 47, Code of Federal Regulations, as in effect on the date of enactment of this section. .
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