Rate Structures

Title IV of the ADA, which is enforced by the FCC, includes US Code Section 47.225 (d) 1 (D) which requires that "users of telecommunication relay services pay rates no greater than rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination." In order to comply with this federal requirement, calls to CRS via the 711 abbreviated dialing code shall be free of charge. Additionally it should be noted that Title 47 CFR 64.1300(b) specifically prohibits payphone owners from charging for completed calls to TRS providers. Telecommunications carriers that provide dial tone to payphone owners should amend their tariffs to ensure calls from payphones made to CRS via 711 are free. TD recommends that the telecommunications carriers providing service to pay telephones file advice letters by September 15, 2001 to be effective October 1, 2001 that state:

Local calls completed through CRS by the 711 abbreviated dialing code shall be free of charge2 consistent with their handling prior to the designation of 711 as an abbreviated dialing code. Toll and long distance charges may be charged only upon connection to the intended number by CRS. Additionally the FCC recommends, but does not require, the application of reduced toll and long distance rates to accommodate the increased time required by relay conversations. Like the FCC, the Commission supports, but does not require, the reduction of rates for calls made through 711 as a means of ensuring equivalent access to communications for deaf and disabled persons.

Wireless providers stated in comments on the draft workshop report that the language of the rate structure section is preempted by the Omnibus Budget Reconciliation Act of 1993 (OBRA) amendment to the Communications Act, which prevents states from regulating "the entry of or rates charged" for wireless services. This resolution does not set rates for wireless providers.

2 Free of charge means there are no connection fees or charges for any unit of time for local calls placed via 711.

e.g. there would be no charges for a local call made from either a 1FR or a 1MB line.

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