Legal Rights of Persons With Disabilities - Ossh.com

hearing and speech. (47 U.S.C. ' 225(b); 47 C.F.R. ' 64.603.) The California Public Utilities Commission
(PUC) is required to establish a "dual party relay system," which allows persons with hearing impairments
to be connected, by way of intercommunication devices, with persons of normal hearing. This system is
designed to make all phases of public telephone service accessible. (Cal. Pub. Util. Code, ' 2881.)
"Telecommunication Relay Services" (TRS) are the technical means by which TDD/TTY users
and hearing individuals are placed in communication with each other, with typed and voice messages being
translated between the parties. The ADA defines relay services as telephone transmissions services that
permit communication by wire or radio between hearing individuals and those with hearing or speech
impairments that is functionally equivalent to the ability of a person without a hearing or speech disability
to communicate through such means. (47 U.S.C. ' 64.601(7).)
In addition, communication assistants, individuals who translate conversation from text to voice
and vice versa, must be trained to effectively meet in the specialized communication needs of persons with
hearing and speech impairments. Services must be available 24 hours per day and calls may not be limited
in terms of duration or number. Provision is also made for confidentiality and emergency assistance. (47
C.F.R. ' 64.604(a).)
Telephone companies may charge a certain amount to all subscribers in order to recover their costs
in providing telecommunications devices for persons with hearing impairments. Federal law allows any
telephone carrier to recover costs for producing specialized terminal equipment for people with impaired
hearing, speech, vision, or mobility. Thus, there is no financial burden on telephone companies which
produce telecommunication devices. (47 U.S.C. ' 604.)
b. Enforcement
The FCC is assigned the duty to enforce the requirements imposed on telecommunications services
by the ADA. If you feel that your telecommunications services have violated the ADA, you may file a
complaint with the FCC. The FCC will then refer your complaint to a state agency if the complaint falls
within the state's jurisdiction, or the FCC will handle the complaint itself where it involves interstate
telecommunications. However, if a state agency has not resolved the complaint within 180 days, or within
a shorter period, as prescribed by state regulations, the FCC will intervene to resolve the complaint. (47
U.S.C. ' 225(e) and 47 C.F.R. ' 64.604.)
2. Emergency Services
In California, any county which provides emergency services must provide hearing-impaired
teletype equipment at a central location to relay requests for emergency services. In addition, all "911"
public safety answering points must have a telecommunications device capable of servicing the needs of
persons with hearing impairments. (Gov. Code, '' 23025 and 53112.)
Under federal law, all "essential telephones" -- meaning coin-operated, emergency use, and other
telephones which are frequently used by people with hearing aids -- must be compatible with hearing aids
designed for telephone use. The FCC can delegate enforcement of this provision to the state under certain
specified circumstances. (47 U.S.C. ' 610.)
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