CODE OF VIRGINIA

TELECOMMUNICATIONS RELAY SERVICE; STANDARDS; FUNDING (§ 51.5-115)

A. As used in this section, unless the context requires otherwise, the
term:”Operation” means those functions reasonably and directly
necessary for the provision of telecommunications relay service, including
contract procurement and administration and public education and information
regarding telecommunications relay service.”Telecommunications relay
service” means a facility whereby a person who has a hearing or speech
disability using a text telephone and a person using a conventional telephone
device can communicate with each other via telephone.”VITA” means
the Virginia Information Technologies Agency.”Voice carry over”
means technology that will enable a deaf or hard-of-hearing person with good
speech to use his voice, instead of the text telephone, to communicate back to
the hearing person.

B. The Department, with the assistance of VITA, shall be responsible for the
provision and operation of telecommunications relay service for all text
telephones within the Commonwealth. Telecommunications relay service shall
include at a minimum:

   1.  Twenty-four-hour-a-day, seven-day-a-week statewide access with no
   limitations or restrictions that are not applicable to voice users of the
   telephone network;

   2.  An answer rate that ensures that at least 85% of the incoming calls are
   operator-answered within 20 seconds and at least 99% of incoming calls are
   answered within 60 seconds;

   3.  Technological advances, including the capability of voice carryover; and

   4.  Adequate facilities and personnel to ensure that calls are interpreted
   accurately; notwithstanding this provision, unless miscommunication on a call
   is caused by the willful misconduct of the telecommunications relay service
   provider, liability of the telecommunications relay service provider shall be
   limited to the charges imposed on users for the call.

C. All costs associated with the establishment and operation of the
telecommunications relay service, including but not limited to personnel costs
incurred by the Department for administering the service, shall be funded
through a distribution made to the Department in accordance with the provisions
of § 58.1-662 and any money transferred from the Department as provided for in
subsection D. Such distributions, when appropriate, may be zero. The
distributions shall be based on projected costs and special interim
distributions may be made if actual costs exceed projections. No distribution
shall be made and no funds shall be expended to support any activities that are
not reasonably and directly necessary for the operation of the
telecommunications relay service as defined in this section.

D. The Department shall transfer any funds received from the National Exchange
Carrier Association, or other funding sources for purposes of operating
telecommunications relay services, to VITA for costs associated with
telecommunications relay service.

HISTORY: 2006, c. 780.