Section 291-5-010 - NEBRASKA TELECOMMUNICATIONS RELAY SYSTEM010.01Purpose: Provide a statewide telecommunications relay system and a statewide voucher program for the provision of specialized telecommunications equipment for qualified deaf, hard of hearing, or speech-impaired persons in Nebraska which enables them to communicate twenty-four (24) hours per day, seven (7) days per week, including holidays, with other persons who use conventional telephone systems.
010.02Statutory Authority: This section is adopted pursuant to the Telecommunications Relay System Act.
010.03Scope: Any person using NTRS shall not be charged for access to such system other than charges billed for in-state and out-of-state long-distance telephone service. NTRS shall at a minimum provide statewide in-state calls with charges for long-distance calls billed to the person making the call in a manner which the Commission determines will recover the cost of long-distance calls to the system; out-of-state calls with charges billed to the person making the call; and emergency calls.
010.04Commission Authority: Procedures involving the administration of NTRS shall be governed by the Nebraska Telecommunications Relay System Rules and the Rules of Commission Procedure unless otherwise prescribed by order of the Commission. The Commission may enter into contracts with other agencies or private organizations to operate NTRS and NSTEP.
010.04AAdministrative Fines: The Commission may administratively fine pursuant to Neb. Rev. Stat. Section 75-156 any person who violates the Act.010.05Forms: The Commission will specify, by order, the manner in which information shall be filed with the Commission. Upon a showing of good cause, the Program Administrator may accept information filed in a manner other than prescribed in a Commission order.
010.06Telecommunications Relay Surcharge: Each telephone company and provider of wireless service in Nebraska shall collect from each of the telephone subscribers with a surcharge not to exceed twenty (20) cents per month on each telephone number or functional equivalent in Nebraska, including wireless service.
010. 06AExemption: The surcharge authorized by this section shall not apply to prepaid wireless telecommunications services as defined in the Prepaid Wireless Surcharge Act.010.06BRelay Surcharge Shown on Subscriber Bills: The surcharge shall appear as a separate line-item charge on the subscriber's billing statement and shall be labeled as "Telecomm Relay Surcharge" or "Relay Surcharge".010.06CAnnual Surcharge Rate Determination010.06C1 Public Hearing: Before April 1 of each year the Commission shall hold a public hearing to determine the amount of surcharge necessary to carry out the provisions of the Act.010.06C2Rate: After such hearing as required in Section 010.06B1, the Commission shall set the surcharge at the level necessary to fund the statewide NTRS and NSTEP for the following year plus a reasonable reserve.010.06C3Effective Dates: The surcharge set pursuant to 010.06B1 and 010.06B2 shall become effective for the next fiscal year beginning July 1.010.06C4Limitation: The surcharge rate shall not exceed twenty cents ( 0.20) per month on each telephone number or functional equivalent in Nebraska, including wireless service. Except for wireless service, the surcharge shall only be collected on the first one hundred (100) telephone numbers or functional equivalent per subscriber. The companies shall add the surcharge to each subscriber's local telephone bill.010.06C5Emergency Rate Setting: In an emergency the Commission may adjust the amount of the surcharge after a public hearing for such purpose.010.06DNebraska Telecommunications Relay System Fund: The fund shall consist of the surcharges credited to the fund, any monies appropriated by the Legislature, any federal funds received for telecommunications relay systems, and any other funds designated for credit to the fund.010.07Remittance: 010.07ARemittance Worksheets: Remittance worksheets shall be received by the Department no later than thirty (30) days after the end of the remittance period. In the event the thirtieth (30th) day falls on a weekend or holiday, the remittance form shall be due on the next business day.010.07BFiling Options010.07B1Monthly: Telephone companies and providers of wireless service shall remit the TRS surcharge on a monthly basis to the TRS Fund except as provided in sections 010.07B2 and 010.07B3.010.07B2Quarterly: A telephone company or provider of wireless service whose monthly remittance amount is less than twenty-five dollars ($25) may elect to remit on a quarterly basis.010.07B3Annually: A telephone company or provider of wireless service whose monthly remittance amount is less than twenty-five dollars ($25) may elect to remit on an annual basis. The period for annual remittances shall run July 1 through June 30, with the surcharge remittance due on July 30 annually.010.07B4Filing Election: A telephone company or provider of wireless service whose monthly remittance amount is less than twenty-five dollars ($25) must notify the Commission in writing of its election to remit quarterly or annually prior to the remittance period.010.07CRemittance to the Fund: Except as provided in Rule 010.07C1, all remittances shall be transferred electronically to the Nebraska State Treasurer. Remittances shall be received by the Nebraska State Treasurer no later than thirty (30) days after the end of the remittance period in which they were collected pursuant to the period prescribed or elected pursuant to section 010.07B, as applicable. In the event the thirtieth (30th) day falls on a weekend or holiday, the electronic remittance shall be due on the next business day. 010.07C1Department Initiated Remittances: A telephone company or provider of wireless service may elect to have the Department initiate the electronic transfer of such company's remittance to the Fund.010.07C2Authorization and Banking Information: A telephone company or provider of wireless service electing to have the Department initiate the electronic transfer of remittance to the Fund shall provide the necessary authorization and banking information required by the Program Administrator.010.07C3Initiation of Transfer: The receipt of a telephone company or provider of wireless services' remittance worksheet will result in the Department's initiation of the electronic transfer of the telephone company's or provider of wireless services' remittance to the Fund if the appropriate indication is made on said remittance worksheet. Said electronic transfer will be done in accordance with authorization granted to the Department by the company or provider of wireless services.010.07DRemittance by Commission: The Commission shall remit the proceeds from the surcharge to the State Treasurer for credit to the Fund.010.07EAudits: The Commission may require an audit of any telephone company collecting the surcharge pursuant to the Act.010.08Adequacy of Service: 010.08A The vendor shall ensure that, except during network failure, at least ninety percent (90%) of all calls are answered by the relay center within ten (10) seconds from the time the call enters the TRS system during all times of the day and at least ninety-five percent (95%) of all calls are answered within ten (10) seconds for the month by any method which results in the caller's call immediately being placed, not put in a queue or on hold.010.09Directory Requirements: Telephone companies shall provide printed information in telephone directories at no charge regarding relay services.
010.09ARequired Information: The information listed in telephone directories shall contain information on the following010.09A1 Connecting to the relay, including a reference to 711 dialing;010.09A2 Access numbers, including but not limited to TTY, Voice, ASCII, Fast ASCII, Speech to Speech, Spanish and Customer Service;010.09A3 A reference to the NSTEP program including contact numbers for the PSC and the Nebraska Commission for the Deaf and Hard of Hearing and application information.010.10Notification: Telephone companies shall inform their subscribers of the availability of relay services through a bill insert or other prominent bill message on an annual basis.
010.11 Nebraska Specialized Telecommunications Equipment Program (NSTEP) 010.11AEligibility: To qualify for NSTEP applicants must meet ALL of the following eligibility requirements010.11A1 Applicant is deaf, hard of hearing, speech-impaired, or dual-disabled and as a result of such impairment is unable to use a conventional telephone effectively.010.11A2 Applicant is at least three (3) years of age or older and able to demonstrate the requisite skill to operate STE.010.11A3 Applicant currently has telephone service or has applied for telephone service in the state of Nebraska at their primary place of residence.010.11A4 Applicant is a resident of the state of Nebraska.010.11A5 Applicant has not applied for NSTEP within the past five (5) years.010.11A6 At the time of application, no other resident of applicant's household has STE in his or her possession.010.11A7 Applicant has obtained a professional certification of the qualifying disability or disabilities as prescribed by the Commission.010.11BEquipment Selection: Except as provided in Section 010.11C, applicants may only choose one piece of STE and/or one telephone signaling device per household. A list of eligible equipment categories may be obtained from the Commission upon request.010.11CDual-Disabled Applicants: Dual-Disabled applicants desiring specialized equipment with further adaptive equipment for dually-disabled individuals shall complete a supplemental application form including certification from a qualified profession of applicant's dual-disability status and need for further adaptive equipment. Supplemental applications shall be available from the Commission upon request.010.11DVoucher Procedure:010.11D1 Once the Program Administrator receives a completed application form and verifies that all eligibility requirements have been met, the Program Administrator will issue a NSTEP voucher. 010.11D2 Applicant, or in the case of a minor, applicant's parent or guardian, shall sign the NSTEP voucher on line marked "Applicant's Verification." 010.11D3 Applicant shall deliver the signed voucher to the vendor from whom the applicant is purchasing the STE.010.11EReapplying: Reapplication for NSTEP is allowed only when one of the following requirements is satisfied. 010.11E1 Applicant has not received any STE in the five years previous to the date on the current application.010.11E2 Applicant's medical condition has changed to such an extent that different equipment is required. Special approval is required to reapply under this section from the Nebraska Commission for the Deaf and Hard of Hearing. 010.11E3 The Commission or Program Administrator may waive the requirements of section 010.11E1 upon a showing of need by the applicant or upon request from the Nebraska Commission for the Deaf and Hard of Hearing.010.11FVendors: 010.11F1Participating Vendors: Only vendors recognized by the Commission as "Participating Vendors" will be eligible for reimbursement under NSTEP.010.11F2Application Process: Any Vendor desiring to be recognized as a Participating Vendor in NSTEP shall submit the following: a completed application form; a return and exchange policy statement; a price list; and a statement that the vendor has read and agrees to adhere to the Commission's Rules and Regulations governing NSTEP. Participating Vendor application forms shall be available from the Commission upon request.010.11F3Approved Equipment List: The Commission shall maintain an approved equipment list that will be made available upon request. Vendor invoices submitted for payment of equipment not on the approved equipment list will not qualify for reimbursement.010.11F4Payment Authorization: Except as provided in Section 010.11F8, payment for equipment submitted under NSTEP shall be subject to the maximum allowable expense per applicant as determined by the Commission. Any costs incurred by the applicant in excess of the maximum allowable expense per applicant are the responsibility of the applicant. Setup costs shall not be included in the calculation of the maximum allowable expense per applicant.010.11F5Product Knowledge: Vendors shall maintain reasonable knowledge of all products being offered that qualify for reimbursement under NSTEP.010.11F6Vendor Payment: To receive payment under NSTEP, vendors shall submit voucher forms received from applicants along with an itemized invoice of applicant's purchase(s) to the Commission.010.11F7Setup Costs: If the applicant requests setup services from the vendor, the vendor may request reimbursement for the actual setup costs from NSTEP. The vendor may submit the actual costs of setup to the Commission on the same invoice as the equipment sale.010.11F8Special Authorization: If the applicant is determined to be dually-disabled, the maximum allowable expense per applicant pursuant to Section 010.11F4 does not apply.010.11GApplicant Responsibilities:010.11G1Maintenance: Any costs for general and regular servicing or maintenance of equipment purchased under NSTEP is the responsibility of the applicant.010.11G2Repairs: Any costs for repair of equipment purchased under NSTEP, regardless of whether said equipment is under warranty, is the responsibility of the applicant.010.11G3Warranties, Extended Warranties: Any costs associated with warranty provisions for repairs of any equipment purchased under NSTEP is the responsibility of the applicant. Any costs associated with purchasing warranties and/or extended warranties on equipment purchased under NSTEP are the responsibility of the applicant.010.11G4Structural Modifications: Any costs associated with structural modifications of existing structures necessary for NSTEP equipment operation is the responsibility of the applicant.010.12Telecommunications Relay System Advisory Committee: The Commission shall solicit advice on the administration of NTRS from the Telecommunications Relay System Advisory Committee. Such Committee shall be formed pursuant to the Act.
291 Neb. Admin. Code, ch. 5, § 010