Reference is to Printer's Date 04/30/15-S.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "State Telecom Equity in Funding Act".
SECTION 2. Article 21, Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-2515. Nothing in this article expands, diminishes, or otherwise affects any existing jurisdiction of the commission over any local exchange provider, prepaid wireless provider, CMRS provider, or VoIP provider; or any services provided by any such provider."
SECTION 3. Article 21, Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-2535.
(A) A local exchange provider must
collect the dual party relay charge established in Section
58-9-2530(A) on each local exchange access facility.
(1)
For bills rendered on or after the effective date of this
act, for any individual local exchange access facility that is
capable of simultaneously carrying multiple voice and data
transmissions, a subscriber must be billed a number of dual
party relay charges equal to:
(a)
the number of outward voice transmission paths activated
on such a facility in cases where the number of activated
outward voice transmission paths can be modified by the
subscriber only with the assistance of the service supplier; or
(b)
five, where the number of activated outward voice
transmission paths can be modified by the subscriber without the
assistance of the service supplier. The total number of dual
party relay charges is subject to a maximum of fifty such
charges for each account.
(2)
A billed subscriber must be liable for any dual party
relay charge imposed under this subsection until it has been
paid to the local exchange provider. A local exchange provider
has no obligation to take any legal action to enforce the
collection of the dual party relay charges for which a
subscriber is billed.
(3)
Local exchange providers that collect dual party relay
charges are entitled to retain two percent of the gross dual
party relay charges remitted to the Office of Regulatory Staff
as an administrative fee. Within forty-five days after the end
of the month during which the charges were collected, each local
exchange provider shall file with the Office of Regulatory Staff
a return showing the total amount of dual party relay charges
collected for the month and, at the same time, shall remit to
the Office of Regulatory Staff the charges collected for that
month less the administrative fee.
(4)
Dual party relay charges imposed under this subsection
must be added to the billing by the local exchange provider to
its subscriber and may be stated separately.
(B) A CMRS provider
must collect the dual party relay charge established in Section
58-9-2530(A) for each CMRS connection for which there is a
mobile identification number containing an area code assigned to
this State by the North American Numbering Plan Administrator;
however, trunks or service lines used to supply service to CMRS
providers must not be subject to a dual party relay charge.
Prepaid wireless telecommunications service is subject to
subsection (D) and not to this subsection.
(1)
A billed subscriber must be liable for any dual party
relay charge imposed under this subsection until it has been
paid to the CMRS provider. A CMRS provider has no obligation to
take any legal action to enforce the collection of the dual
party relay charges for which a subscriber is billed.
(2)
CMRS providers that collect dual party relay charges are
entitled to retain two percent of the gross dual party relay
charges remitted to the department as an administrative fee. On
or before the twentieth day of the second month succeeding each
monthly collection of the dual party relay charges, every CMRS
provider shall file with the department a return under oath, in
a form prescribed by the department, showing the total amount of
charges collected for the month and, at the same time, shall
remit to the department the fees collected for that month. The
department shall transfer all charges remitted to the operating
fund.
(3)
Dual party relay charges imposed under this subsection
must be added to the billing by the CMRS provider to its
subscriber and may be stated separately.
(C) A VoIP provider
must collect the dual party relay charge established in Section
58-9-2530(A) on each VoIP service line. This dual party relay
charge must be sourced at the service address in the case of
fixed VoIP service, or in the same manner as CMRS is sourced
pursuant to the Mobile Telecommunications Sourcing Act, Public
Law 106-252, codified at 4 U.S.C. Sections 116 through 126.
(1)
A billed subscriber must be liable for any dual party
relay charge imposed under this subsection until it has been
paid to the VoIP provider. A VoIP provider has no obligation to
take any legal action to enforce the collection of the dual
party relay charges for which a subscriber is billed. For bills
rendered on or after the effective date of this act, for any
VoIP service line that is capable of simultaneously carrying
multiple voice and data transmissions, a VoIP subscriber must be
billed a number of dual party relay charges equal to:
(a)
the number of outward voice transmission paths activated
on such a VoIP service line in cases where the number of
activated outward voice transmission paths can be modified by
the subscriber only with the assistance of the VoIP provider; or
(b)
five, where the number of activated outward voice
transmission paths can be modified by the subscriber without the
assistance of the VoIP provider. The total number of dual party
relay charges is subject to a maximum of fifty such charges for
each account.
(2)
VoIP providers that collect dual party relay charges are
entitled to retain two percent of the gross dual party relay
charges remitted to the department as an administrative fee. On
or before the twentieth day of the second month succeeding each
monthly collection of the dual party relay charges, each VoIP
provider shall file with the department a return under oath, in
a form prescribed by the department, showing the total amount of
dual party relay charges collected for the month and, at the
same time, shall remit to the department the charges collected
for that month less the administrative fee. The department
shall transfer all charges remitted to the operating fund.
(3)
Dual party relay charges imposed under this subsection
must be added to the billing by the VoIP provider to its
subscriber and may be stated separately.
(D) A prepaid wireless
seller must collect the dual party relay charge established in
Section 58-9-2530(A) from a prepaid wireless consumer with
respect to each prepaid wireless retail transaction occurring in
this State. The amount of the dual party relay charge either
must be separately stated on an invoice, receipt, or other
similar document that is provided to the prepaid wireless
consumer by the prepaid wireless seller; or otherwise disclosed
to the prepaid wireless consumer. At the election of the
prepaid wireless seller, the dual party relay charge may be
combined with the USF contribution charge described in Section
58-9-280(E)(2)(b) into a single dual party relay and USF
contribution charge for purposes of being stated on the invoice,
receipt or other similar document or otherwise disclosed to the
prepaid wireless consumer. The prepaid wireless seller shall
notify the department as to how much of the amount remitted is
for dual party relay and how much of the amount remitted is for
USF.
(1)
For the purposes of this subsection, a prepaid wireless
retail transaction must be sourced as provided in Section
12-36-910(B)(5)(b).
(2)
The dual party relay charge is the liability of the
prepaid wireless consumer and not the prepaid wireless seller or
of any prepaid wireless provider. However, the prepaid wireless
seller is liable for remitting all dual party relay charges that
the prepaid wireless seller collects from prepaid wireless
consumers as provided in this subsection to the department.
(3) A prepaid wireless
seller is entitled to retain three percent of the gross dual
party relay charges remitted to the department as an
administrative fee. A prepaid wireless seller must remit the
remainder of the dual party relay charges collected to the
department on or before the twentieth day of the second month
succeeding each monthly collection of the dual party relay
charges. The department shall transfer all charges remitted to
the operating fund.
(4)
The department shall establish procedures by which a
prepaid wireless seller may document that a sale is not a
prepaid wireless retail transaction, which procedures shall
substantially coincide with the procedures for documenting sale
for resale transactions pursuant to Section 12-36-950.
(E) If a billed
subscriber purchases a service that is both a CMRS service and a
VoIP service, and there is a single active mobile telephone
number or successor dialing protocol associated with the
service, then only the CMRS dual party relay charges that are
subject to subsection (B) apply to the service. Similarly, if an
exchange access facility is also a VoIP service line, then only
the dual party relay charges that are subject to subsection (A)
shall apply to the service.
(F) For services for
which a bill is rendered prior to the effective date of this
act, no subscriber or consumer is liable to any person or entity
for a different dual party relay charge than the consumer or
subscriber has been billed, and no local exchange provider, CMRS
provider, VoIP provider, prepaid wireless provider, or prepaid
wireless seller is liable to any person or entity for billing,
collecting, or remitting a different dual party relay charge
than is required by this article, or both.
(G) Neither the State,
any political subdivision of the State, nor an intergovernmental
agency may require any service provider to impose, collect, or
remit a tax, fee, surcharge, or other charge for dual party
relay funding purposes other than the dual party relay charges
set forth in this article.
(H) The dual party
relay charge required to be remitted to the department must be
administered and collected by the department in the same manner
as taxes as defined in Section 12-60-30(27) are administered and
collected by the department under the provisions of Title
12."
SECTION 4. Section 58-9-10(9) and (10) of the 1976 Code, as last amended by Act 354 of 1996, is further amended to read:
"(9) The term
'basic local exchange telephone service' means for residential
and single-line business customers, access to basic voice grade
local service with touchtone, access to
available emergency services and directory assistance, the
capability to access interconnecting carriers, relay services,
access to operator services, and one annual local directory
listing (white pages or equivalent).
(10) The term 'carrier
of last resort' means a facilities-based local exchange carrier,
as determined by the commission, not inconsistent with the
federal Telecommunications Act of 1996, which has the obligation
to provide basic local exchange telephone service, upon
reasonable request, to all residential and single-line business
customers within a defined service or geographic area.
A carrier of last resort may meet its obligation by using any
available technology of equal or greater service quality than is
required by applicable commission regulations as of the
effective date of this act, including, but not limited to, the
provision of a broadband connection that allows the customer to
access basic voice grade local service from the carrier of last
resort or other available voice provider of the customer's
choice. Notwithstanding any other provision of law, and
regardless of the technology used, the basic voice grade local
service provided to meet this obligation shall be subject to the
commission's jurisdiction with respect to service quality and
rates, and shall be entitled to USF support. Initially, the
incumbent LEC must be a carrier of last resort within its
existing service area."
SECTION 5. A. Section 58-9-280(E) of the 1976 Code, as last amended by Act 218 of 2006, is further amended to read:
"(E) In continuing
South Carolina's commitment to universally available basic local
exchange telephone service at affordable rates and to assist
with the alignment of prices and/or and
cost recovery with costs, and consistent with applicable federal
policies, the commission shall establish a universal service
fund (USF) for distribution to a carrier(s)
carrier of last resort. The commission shall issue its
final order adopting such guidelines as may be
necessary for the funding and management of the USF within
twelve months of the effective date of this section except that
the commission, upon notice, may extend that period up to an
additional ninety days. These guidelines must not be
inconsistent with applicable federal law and shall address,
without limitation, the following:
(1)
The USF shall must be administered
by the Office of Regulatory Staff or a third party designated by
the Office of Regulatory Staff under guidelines to be adopted by
the commission.
(2)
The commission shall require all telecommunications
companies providing telecommunications services within South
Carolina to contribute to the USF as previously
determined by the commission and as modified by any orders
the commission may enter pursuant to this subsection.
All providers of CMRS services, as defined in Section
58-9-2510(2), and all VoIP providers as defined in Section
58-9-2510(22) shall contribute to the USF in the same manner as
telecommunications companies, except that prepaid wireless
sellers shall collect from prepaid wireless consumers a fixed
per transaction fee determined annually by the Office of
Regulatory Staff.
(a)
Telecommunications companies and VoIP providers
that provide VoIP service pursuant to a certificate issued by
the commission must remit these contributions to the Office of
Regulatory Staff in accordance with orders issued by the
commission. All other VoIP providers and all CMRS providers
that are required to contribute must remit these contributions
to the Department of Revenue in the same manner as
telecommunications companies and VoIP providers that provide
VoIP service pursuant to a certificate issued by the commission
remit these contributions to the Office of Regulatory Staff.
The Department of Revenue monthly shall assess each CMRS
provider and each VoIP provider that does not have a certificate
issued by the commission, its contribution to the USF. The
Office of Regulatory Staff shall certify to the Department of
Revenue the USF factor and the amounts to be assessed. The
Department of Revenue shall charge the assessments to the
companies and collect the assessments as provided by law. The
USF assessments, less the Department of Revenue actual
incremental increase in the cost of administration, must be
transferred to the USF administered by the Office of Regulatory
Staff or third party administrator designated by the Office of
Regulatory Staff.
(b)
USF contributions for prepaid wireless
telecommunications service, as defined in Section 58-9-2510(17)
must be collected pursuant to Section 58-9-280(E) from prepaid
wireless consumers, as defined in Section 58-9-2510(13), by
prepaid wireless sellers, as defined in Section 58-9-2510(16).
The amount of the USF contribution charge to be collected with
respect to each prepaid wireless retail transaction, as defined
in Section 58-9-2510(15), must be a fixed per-transaction fee
established annually by the Office of Regulatory Staff. Prepaid
wireless sellers shall submit all necessary forms to the
department to demonstrate that the USF contribution charges have
been collected and remitted. An entity that remits funds in
support of the USF may file a petition with the commission
seeking a review of the fixed per-transaction fee as determined
by the Office of Regulatory Staff. A decision by the commission
in response to the petition only may be applied prospectively
and must be implemented the next time that the Office of
Regulatory Staff makes its annual determination of the fixed
per-transaction fee.
(c)
Telecommunications companies, VoIP providers,
CMRS providers, and prepaid wireless providers shall provide
information sufficient to permit the requirements of this
subsection to be implemented, monitored, and enforced to the
Office of Regulatory Staff. All information, records, documents,
and their contents provided to the Office of Regulatory Staff by
telecommunications companies, VoIP providers, providers of CMRS
services, and prepaid wireless providers pursuant to this
subsection must be maintained as confidential and are exempt
from public disclosure under the South Carolina Freedom of
Information Act. All information, records, documents, and their
contents that are exchanged between the Office of Regulatory
Staff and other state or federal agencies related to
implementing, monitoring, and enforcing the requirements of this
subsection must be maintained as confidential and are exempt
from public disclosure under the South Carolina Freedom of
Information Act. Except to the extent necessary to implement,
monitor, and enforce contributions to the USF, the provisions of
this subsection do not expand, diminish, or otherwise affect any
existing jurisdiction of the commission over any
telecommunications company, VoIP provider, CMRS provider,
prepaid wireless provider, or any services provided by these
providers.
(d)
A prepaid wireless seller must collect the USF
contribution from a prepaid wireless consumer with respect to
each prepaid wireless retail transaction occurring in this
State. The amount of the USF charge either must be separately
stated on an invoice, receipt, or other similar document that is
provided to the prepaid wireless consumer by the prepaid
wireless seller; or otherwise disclosed to the prepaid wireless
consumer. At the election of the prepaid wireless seller, the
dual party relay charge, the USF contribution charge, and the
911 charge described in Title 23, chapter 47, may be combined
into a single charge for purposes of being stated on the
invoice, receipt, or other similar document or otherwise
disclosed to the prepaid wireless consumer. The prepaid
wireless seller shall notify the department as to how much of
the amount remitted is for dual party relay and how much of the
amount remitted is for USF.
(i)
For the purposes of this subsection, a prepaid
wireless retail transaction must be sourced as provided in
Section 12-36-910(B)(5)(b).
(ii)
A prepaid wireless seller is entitled to retain
three percent of the gross USF contribution remitted to the
department as an administrative fee. A prepaid wireless seller
must remit the remainder of the USF contribution to the
department on or before the twentieth day of the second month
succeeding each monthly collection of the USF charges. The
department shall transfer the USF contributions to the USF
administered by the ORS or third party designated by the
ORS.
(iii)
The department shall establish procedures
by which a prepaid wireless seller may document that a sale is
not a prepaid wireless retail transaction, which procedures
shall substantially coincide with the procedures for documenting
sale for resale transactions pursuant to Section 12-36-950.
(e)
The USF contribution required to be remitted to
the department shall be administered and collected by the
department in the same manner as taxes as defined in Code
Section 12-60-30(27) are administered and collected by the
department under the provisions of Title 12.
(3)
The commission also shall require any company providing
telecommunications service to contribute to the USF if, after
notice and opportunity for hearing, the commission determines
that the company is providing private local exchange services or
radio-based local exchange services in this State that compete
with a local telecommunications service provided in this
State. (4)(a)
The size of the USF
shall be
determined by the commission and shall be the sum of the
difference, for each carrier of last resort, between its costs
of providing basic local exchange services and the maximum
amount it may charge for the services. The commission may use
estimates to establish the size of the USF on an annual basis,
provided it establishes a mechanism for adjusting any
inaccuracies in the estimates.
(5) Monies in
the USF shall be distributed to a carrier of last resort upon
application and demonstration of the amount of the difference
between its cost of providing basic local exchange services and
the maximum amount it may charge for such services.
(6) The
commission shall require any carrier of last resort seeking
reimbursement from the fund to file with the commission and
provide to the Office of Regulatory Staff the information
necessary to determine the costs of providing basic local
exchange telephone services. In the event that a carrier of last
resort does not currently conduct detailed cost studies relating
to such services, the commission shall allow for an appropriate
surrogate for such study. must be the sum of:
(i)
the amount of USF support received by each
carrier of last resort in 2015;
(ii)
the amount of Interim LEC Fund support received
by each local exchange carrier in 2015;
(iii)
all amounts approved by the commission to
provide state funding for the Lifeline program for low income
subscribers; and
(iv)
all amounts approved by the commission for
administration of the USF.
(b)
The size of the USF may be adjusted to reflect
changes in USF support for those LECs that have made the
election set out in Section 58-9-576(C).
(5)
For local exchange carriers that have previously
reduced rates and charges to be eligible to receive USF and that
have not made the election set out in Section 58-9-576(C), money
in the USF must be distributed to a local exchange carrier in
the same amount distributed to the carrier from the Interim LEC
fund in 2015 and to a carrier of last resort in the same amount
distributed to the carrier of last resort in 2015 for so long as
it continues to serve as a carrier of last resort. For any
carrier that makes, or has made, an election under Section
58-9-576(C), its right to recover from the USF must be governed
by the provisions of Section 58-9-576(C) and the amount it is
entitled to recover must be adjusted in accordance with Section
58-9-576(C); provided, however, that nothing in this subsection
restricts the ability of any carrier to withdraw from the State
USF all amounts approved by the commission to provide state
funding for the Lifeline program for low income subscribers.
(6)
For services for which a bill is rendered or a
charge is applied before the effective date of this subsection,
no subscriber or consumer is liable to any person or entity for
a different universal service charge than the consumer or
subscriber has been billed or charged, and no telecommunications
company, VoIP provider, CMRS provider, or prepaid wireless
provider is liable to any person or entity for billing,
collecting, or remitting a different universal contribution
amount than is required by this article.
(7)
Subject to the provisions of items (2), (3), (4), and
(5) the commission shall have the authority
to may make administrative adjustments to
the contribution or distribution levels based on yearly
reconciliations and to order further contributions or
distributions as needed.
(8)
After notice and an opportunity for hearing to all
affected carriers and the Office of Regulatory Staff, the
commission by rule may expand the set of services within the
definition of universal service based on a finding that the
uniform statewide demand for such additional service is such
that including the service within the definition of universal
service will further the public interest; provided, however,
that before implementing any such finding, the commission shall
provide for recovery of unrecovered costs through the USF of
such additional service by the affected carrier of last
resort. A carrier of last resort authorized to
receive funds from the USF is subject to random compliance
audits and other investigations by the Office of Regulatory
Staff, in accordance with Section 58-4-55.
(9)
Nothing in subsection (G) of this section shall preclude
the commission from assessing broadband service revenues for
purposes of contributions to the USF, pursuant to this
subsection.
(10)
All carriers of last resort shall retain all
records of operations within the jurisdiction of the Office of
Regulatory Staff required to demonstrate that the support
received was used to support the programs for which it was
intended. This documentation must be maintained for at least 10
years from the receipt of the funding. All such documents shall
be made available upon request to the Office of Regulatory
Staff.
(11)
In order to create an environment that ensures
financial stability necessary to encourage long-term investment
by carriers of last resort while providing for appropriate
oversight:
(a)
within two years after the effective date of the
this act, the Office of Regulatory Staff shall provide a report
to the Public Utilities Review Committee (PURC) as to the State
Universal Service Fund, the need for funding, and the
appropriate level of distributions; and
(b)
every four years thereafter, the Office of
Regulatory Staff shall provide a report to PURC as to the status
of the State Universal Service Fund, provide recommendations,
and provide such other information as the PURC deems
appropriate."
B. This entire section is void if any portion of this section is finally adjudicated invalid.
SECTION 6. Section 58-9-576(C)(2) of the 1976 Code is amended to read:
"(2)(a)
Beginning on the date that the LEC's
election, pursuant to this subsection, becomes effective, the
LEC may increase its rates for its stand alone basic residential
lines that were in service on the preelection date on an annual
basis by a percentage that does not exceed the percentage
increase over the prior year in the Gross Domestic Product Price
Index, as reported by the United States Department of Labor,
Bureau of Labor Statistics. If the customer of record for a
stand alone basic residential line that was in service on the
preelection date dies or moves from the residence, the
provisions of this subitem will continue to apply to the stand
alone basic residential line at the residence if a spouse,
family member, or cotenant of that customer of record provides
documentation showing that he resided at the location and
requests to have the stand alone basic residential line
continued in his name. With the sole exception of ensuring the
LEC's compliance with the preceding sentences, the commission
must not:
(a)(i) impose
any requirements related to the terms, conditions, rates, or
availability of any of the LEC's stand alone basic residential
lines that were in service on the preelection date; or
(b)(ii)
otherwise regulate any of the LEC's stand alone basic
residential lines that were in service on the preelection
date.
(b)
Except as provided in subsection (C)(2)(c), for
any LEC that elected to operate under section 58-9-576(C) prior
to January 1, 2016, the commission must not:
(i)
impose any requirements
related to the terms, conditions, rates, or availability of any
of the LEC's stand alone basic residential lines that were in
service on the preelection date; or
(b)(ii)
otherwise regulate any of the LEC's stand alone basic
residential lines that were in service on the preelection
date.
(c)(i)
As used in this subsection, 'voice
service' means retail service provided through any technology or
service arrangement that includes the applicable functionalities
described in 47 C.F.R. sec. 54.101(a). Notwithstanding anything
in subsection (C)(2)(b), the following provisions apply to each
customer receiving a stand-alone basic residential line from any
LEC described in subsection (C)(2)(b) both on the preelection
date and on the effective date of this act. For a period ending
four years after the effective date of this act, if the customer
cannot receive voice service from any provider through any
technology at the customer's residence where the customer
received a stand-alone basic residential line, the customer may
file a request for service with the commission. Following an
investigation by the commission, if the commission determines a
reasonable request for service has been made and that no voice
service is available to the customer, the commission may:
(1)
make a determination that the LEC is best able
to provide voice service to the customer's residence and it may
order the LEC to provide the voice service to the customer's
residence. If ordered by the commission to provide voice
service, the LEC shall do so directly or through an affiliate;
or
(2)
conduct a competitive procurement process to
identify a willing provider of voice service to provide voice
service to the customer's residence. The willing provider of
voice service selected shall provide the voice service directly
or through an affiliate.
(ii)
The LEC or willing provider of voice service may
provide the voice service through any voice technology.
(iii)
Other than ordering the provision of
voice service pursuant to this subsection, the commission may
not regulate any aspect of the voice service. The commission
shall issue a final order disposing of any request filed
pursuant to this subsection within ninety days of the filing of
the request, and all aspects of the commission's order shall
expire four years after the effective date of the order and may
not be renewed.
(iv)
Before terminating service to a customer
described in subsection (C)(2)(c) whose residence uses a
stand-alone basic residential line, the LEC described shall
provide written notice to the customer informing him of his
rights under this subsection. This written notice shall direct
the customer where to file the request and include the
commission's contact information. The LEC shall provide this
written notice at least ninety days prior to terminating service
at the customer's residence."
SECTION 7. Section 58-9-2510 of the 1976 Code, as last amended by Act 318 of 2006, is further amended to read:
"Section 58-9-2510.
As used in this article:
(1) 'CMRS
connection' means each mobile number assigned to a CMRS
customer.
(2)
'Commercial Mobile Radio Service' (CMRS) means
commercial mobile radio service under Sections 3(27) and 332(d),
Federal Telecommunications Act of 1996, 47 U.S.C. Section 151,
et seq., Federal Communications Commission Rules, and the
Omnibus Budget Reconciliation Act of 1993. The term includes
any wireless two-way communication device, including
radio-telephone communications used in cellular telephone
service, personal communication service, or the functional
and/or competitive equivalent of a radio-telephone
communications line used in cellular telephone service, a
personal communication service, or a network radio access line.
The term does not include services that do not provide access to
911 service, a communication channel suitable only for data
transmission, a wireless roaming service or other nonlocal radio
access line service, or a private telecommunications
system.
(3) 'Commission'
means the Public Service Commission.
(24)
'Deaf person' means an individual who is unable to hear
and understand oral communication, with or without the
assistance of amplification devices.
(5)
'Department' means the Department of Revenue.
(36)
'Dual party relay system' or 'DPR' means a
procedure in which a deaf, hearing, or speech impaired TDD user
can communicate with an intermediary party, who then orally
relays the first party's message or request to a third party, or
a procedure in which a party who is not deaf or hearing or
speech impaired can communicate with an intermediary party who
then relays the message or request to a TDD user.
(3.57)
'Dual sensory impaired person' means an individual
who is deaf/blind or has both a permanent hearing impairment and
a permanent visual impairment.
(8) 'Exchange
access facility' means the access from a particular telephone
subscriber's premises to the telephone system of a service
supplier. Exchange access facilities include service supplier
provided access lines, PBX trunks, and Centrex network access
registers, all as defined by the South Carolina Public Service
Commission. Exchange access facilities do not include service
supplier owned and operated telephone pay station lines, or wide
area telecommunications service (wats), foreign exchange (fx),
or incoming lines.
(49)
'Hard of hearing person' means an individual who
has suffered a permanent hearing loss which is severe enough to
necessitate the use of amplification devices to hear oral
communication.
(510)
'Hearing impaired person' means a person who is deaf or
hard of hearing.
(11) 'Local
exchange provider' means a local exchange telephone company
operating in this State.
(612)
'Operating fund' means the Dual Party Relay Service
Operating Fund which is a specific fund to be created by the
commission and established, invested, managed, and maintained
for the exclusive purpose of implementing the provisions of this
chapter according to commission regulations.
(13) 'Prepaid
wireless consumer' means a person or entity that purchases
prepaid wireless telecommunications service in a prepaid
wireless retail transaction.
(14)
'Prepaid wireless provider' means a person or entity
that provides prepaid wireless telecommunications service
pursuant to a license issued by the Federal Communications
Commission.
(15)
'Prepaid wireless retail transaction' means the
purchase of prepaid wireless telecommunications service from a
prepaid wireless seller for any purpose other than resale.
(16)
'Prepaid wireless seller' means a person or entity that
sells prepaid wireless telecommunications service to another
person or entity for any purpose other than resale.
(17)
'Prepaid wireless telecommunications service' means any
commercial mobile radio service that allows a caller to dial 911
to access the 911 system, which service must be paid for in
advance and is sold in units or dollars which decline with use
in a known amount.
(7)
'Regulatory staff' means the executive director or
the executive director and the employees of the Office of
Regulatory Staff. (
818)
'Speech impaired person' means an individual
who has suffered a loss of oral communication ability which
prohibits normal use of a standard telephone handset.
(19)
'Subscriber' means any person, company, corporation,
business, association, or party who is provided telephone (local
exchange access facility) service or CMRS service or VoIP
service.
(920)
'Telecommunications device' or 'telecommunications
device for the deaf, hearing, or speech impaired' or 'TDD' or
'TTY' means a keyboard mechanism attached to or in place of a
standard telephone by some coupling device used to transmit or
receive signals through telephone lines.
(21) 'Voice
over Internet Protocol (VoIP) service' means interconnected VoIP
service as that term is defined in 47 C.F.R. Section 9.3 as may
be amended.
(22)
'Voice over Internet Protocol (VoIP) provider' means a
person or entity that provides VoIP service.
(23)
'Voice over Internet Protocol (VoIP) subscriber' means
a person or entity that purchases VoIP service from a VoIP
provider. (24)
'Voice over Internet Protocol (VoIP) service line'
means a VoIP service that offers an active telephone number or
successor dialing protocol assigned by a VoIP service provider
to a customer that has outbound calling capability."
SECTION 8. Section 58-9-2530(A) of the 1976 Code, as last amended by Act 318 of 2006, is further amended to read:
"(A) The
commission may require all local exchange telephone
companies each local exchange provider, CMRS
provider, and VoIP provider operating in this State to
impose a monthly dual party relay charge not to exceed
twenty-five ten cents on all
residential and business local exchange access
facilities, and each prepaid wireless seller to
impose a dual party relay charge of the same amount on each
wireless retail transaction, as necessary to fund the
establishment and operation of a dual party relay system and a
distribution system of TTY's and other related
telecommunications devices in this State. The amount of the
dual party charge must be determined by the commission
based upon the amount of funding necessary to accomplish the
purposes of this article and provide dual party telephone relay
services on a continuous basis, and the amount of the charge
must be uniform among all local exchange providers, CMRS
providers, VoIP providers, and prepaid wireless sellers.
If assessed, the local exchange companies shall collect
the charge from their customers and transfer the All
dual party relay charge monies collected and remitted to
the department in accordance with Section 58-9-2535 must be
transferred to the operating fund, which must be
administered by the Office of Regulatory Staff. The dual
party relay charge collected and remitted by the
local exchange companies in accordance with this
article is not subject to any tax, fee, or assessment, nor
may it be considered revenue of the a
local exchange companies provider, CMRS
provider, VoIP provider, prepaid wireless provider, or prepaid
wireless seller. The commission may provide for the funding
of the dual party relay system through contributions from other
sources. The fund must be established, invested, and managed for
the exclusive purpose of implementing the provisions of this
article according to regulations promulgated by the
commission."
SECTION 9. Section
58-9-576(C)(1)(a) is amended to read:
"(a) 'Single-line
basic residential service' means single-line residential flat
rate basic voice grade local service with touch
tone within a traditional local calling area that
provides access to available emergency services and directory
assistance, the capability to access interconnecting carriers,
relay services, access to operator services, and one annual
local directory listing (white pages or equivalent)."
SECTION 10. Beginning on the effective date of this act, the Office of Regulatory Staff and the Department of Revenue may take necessary action to accommodate full implementation of SECTIONS 3, 5.A., and 8 of this act, as soon as practicable, provided, however, that full implementation shall not occur earlier than January 1, 2017. The Office of Regulatory Staff and the Department of Revenue shall provide at least 30 days public notice of the full implementation date before the full implementation of these SECTIONS occurs, and no person or entity is required to bill, collect, remit, or pay any charges pursuant to SECTION 3, 5.A., or 8 of this act prior to the full implementation date.
SECTION 11. Section 58-9-2540 of the 1976 Code is repealed.
SECTION 12. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.