No. 40685 (Amendment): Section R746-343-16. New Technology Equipment Distribution Program (NTEDP)

(Amendment)

DAR File No.: 40685
Filed: 08/18/2016 02:55:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Public Service Commission of Utah (Commission) is charged by statute to administer a program through which low-income Utahns with hearing and speech challenges are provided with equipment to assist them in accessing telecommunications services. Some of the equipment currently in use, particularly the equipment used by those with severe speech and hearing challenges, is quickly becoming obsolete, and the Commission has identified the need to explore using current technology and devices. This rule creates a pilot program to determine how such technology and devices might be adopted.

Summary of the rule or change:

The pilot program will begin with the effective date of this rule and conclude no later than 12/31/2018. All individuals interested in participating must submit an application to provide information about the nature of the applicant's hearing/speech challenge, to document the applicant's income level, and to confirm that the applicant is willing and able to provide feedback to the Commission during the pilot program. Initially, up to 25 participants will be selected to test tablet devices or cellular telephones. Additional participants may be included in the pilot program over time. Participants will be required to complete surveys, follow instructions from the Commission, and protect against loss of and damage to the devices provided under the pilot program. The Commission notes that the rule uses the terms "speech-impaired" and "hearing-impaired" to identify potential participants. The term "impaired" carries negative connotations, and the Commission regrets having to use it. However, where the term is included in the definition section of the statute under which this rule is promulgated, the Commission is hesitant to introduce a different term in rule.

Statutory or constitutional authorization for this rule:

• Section 54-8b-10

Anticipated cost or savings to:

the state budget:

It is anticipated that each device provided under the pilot program will cost approximately $1,200. The Commission has the necessary budget in place.

local governments:

Local governments are not required to participate in or administer the pilot program. No fiscal impact to local government is anticipated.

small businesses:

This rule filing establishes a pilot program under which the Commission will distribute tablets or cellular telephones to low-income Utahns who have hearing or speech challenges and, therefore, need assistive devices in order to access telecommunications services. While it is possible that the needed devices will be purchased from one or more small businesses, there will be no fiscal impact to small businesses in general (i.e., no fees or compliance costs).

persons other than small businesses, businesses, or local governmental entities:

A person who is selected to participate in the pilot program will have no financial obligations unless the person loses or damages the device through misconduct or negligence. Should such circumstances arise, the costs to repair or replace a device will vary and, therefore, cannot be estimated.

Compliance costs for affected persons:

To comply, a person who is selected to participate in the pilot program must complete surveys and follow instructions from the Commission. No costs are associated with these obligations. Should a device be lost or damaged due to a participant's misconduct or negligence, the participant will be required to cover the cost of repair or replacement. Such costs will vary and cannot be estimated.

Comments by the department head on the fiscal impact the rule may have on businesses:

As stated in the rule analysis, the vendor(s) chosen to provide tablets and cellular telephones will receive revenue from those sales. Otherwise, no fiscal impact to businesses is anticipated.

Thad LeVar, Commission Chair

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]
• Jennie Jonsson at the above address, by phone at 801-530-6763, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/17/2016

This rule may become effective on:

10/24/2016

Authorized by:

Jennie Jonsson, Administrative Law Judge

RULE TEXT

R746. Public Service Commission, Administration.

R746-343. Rule for Deaf, Severely Hearing or Speech Impaired Person.

R746-343-16. New Technology Equipment Distribution Program (NTEDP).

(1) Authority and Purpose.

(a) This rule section is promulgated pursuant to Utah Code Subsection 54-8b-10(3)(b).

(b) The purposes of the NTEDP are:

(i) to explore the feasibility of using tablet devices and/or unlocked cellular telephones to address the telecommunication needs of the deaf, severely hearing-impaired, and severely speech-impaired communities;

(ii) to determine how best to manage a program in which tablet devices and/or unlocked cellular telephones are provided; and

(iii) to determine the level of support services that would be required if tablet devices and/or unlocked cellular telephone devices are provided.

(2) Duration. The NTEDP shall terminate no later than December 31, 2018.

(3) Participation.

(a) An individual who wishes to participate in the NTEDP shall:

(i) submit a completed application form to the Relay Utah office;

(ii) provide medical documentation of:

(A) deafness;

(B) severe hearing impairment; or

(C) severe speech impairment;

(iii) demonstrate that the individual is receiving assistance from a low-income public assistance program administered by a state agency;

(iv)(A) if applying for a tablet, certify that the individual has consistent access to a WiFi network; or

(B) if applying for an unlocked cellular telephone, certify that the individual has a service plan in place with a wireless telecommunications provider; and

(v) certify that the individual is able and willing to comply with Subsection (4).

(b) Priority may be given to applicants who have previously participated in the Commission's Relay Utah program.

(c) An applicant who is not selected to participate may request to be placed on a waiting list.

(d) Participation shall be limited as follows:

(i) From the inception of the program through June 30, 2017, no more than 25 participants, as follows:

(A) no more than 8 deaf individuals who are at least 13 years old;

(B) no more than 8 severely hearing-impaired individuals who are at least 13 years old;

(C) no more than 8 severely speech-impaired individuals who are at least 13 years old; and

(D) at least one deaf, severely hearing-impaired, or severely speech-impaired individual who is under 13 years of age.

(ii) From July 1, 2017 through the conclusion of the program, up to 10 additional participants in each six-month period.

(4) Participant obligations.

(a) An individual who is chosen to participate in the NTEDP shall:

(i) participate in an entrance interview with the Relay Utah office;

(ii) complete online surveys as instructed by the Relay Utah office;

(iii) promptly comply with all instructions from the Relay Utah office to download apps;

(iv) promptly respond to requests from the Relay Utah office for information and feedback;

(v) maintain the device in the storage case provided;

(vi) retain all original device packaging, instructions, and information;

(vii) contact the manufacturer's customer service department for assistance with technical support;

(viii) promptly report to the Relay Utah office:

(A) software and hardware failures; and

(B) damage to the device;

(ix) take financial responsibility for loss of, or damage to, the device if caused by the individual's misuse or negligence; and

(x) immediately return the device to the Relay Utah office if the individual:

(A) moves from the State of Utah;

(B) is disqualified by the Relay Utah office from further participation in the NTEDP; or

(C) chooses to terminate the individual's participation in the NTEDP.

(b) An individual who is chosen to participate in the NTEDP may not:

(i) reformat or attempt to reformat the device;

(ii) allow any other person to use the device, except as necessary to assist the participant with telecommunications; or

(iii) install software, apps, or other programs not authorized by the Relay Utah office.

(c) A participant who fails to comply with this Subsection (4) may be disqualified from further participation in the NTEDP.

(5) All devices distributed as part of the NTEDP shall remain the property of the State of Utah Public Service Commission.

 

KEY: [ public assistance, physically impaired, rates, ]telecommunications, speech/hearing impairments, assistive devices and technology, surcharges

Date of Enactment or Last Substantive Amendment: [May 1, 2014]2016

Notice of Continuation: December 10, 2012

Authorizing, and Implemented or Interpreted Law: 54-8b-10

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