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do not discourage or impair the development of improved technology.

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“(3) JURISDICTIONAL SEPARATION OF COSTS.

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"(A) IN GENERAL.- The Commission shall

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prescribe regulations governing the jurisdictional separation of costs for the services provided pur

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suant to this section.

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“(B) RECOVERING COSTS.-Such regulations shall generally provide that costs caused by interstate telecommunications relay services shall be recovered from the interstate jurisdiction and

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costs caused by intrastate telecommunications

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ers jointly provide telecommunications relay services, the procedures established in section 410

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"(4) FIXED MONTHLY CHARGE.-The Commis

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sion shall not permit carriers to impose a fixed monthly charge on residential customers to recover the costs of providing interstate telecommunication relay services.

“(5) UNDUE BURDEN.-If the Commission finds

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that full compliance with the requirements of this sec

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tion would unduly burden one or more common carri-
ers, the Commission may extend the date for full com-
pliance by such carrier for a period not to exceed 1 ad-
ditional year.
"(c) ENFORCEMENT.—

“(1) IN GENERAL.–Subject to subsections (f) and (g), the Commission shall enforce this section.

"(2) COMPLAINT.—The Commission shall re

solve, by final order, a complaint alleging a violation of

this section within 180 days after the date such com-
plaint is filed.
"(1) CERTIFICATION.-

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"(1) STATE DOCUMENTATION.—Each State may

submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services.

“(2) REQUIREMENTS FOR CERTIFICATION.

After review of such documentation, the Commission shall certify the State program if the Commission determines that the program makes available to hearingimpaired and speech-impaired individuals either directly, through designees, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets the

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requirements of regulations prescribed by the Commis

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sion under subsection (d).

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“(3) METHOD OF FUNDING.-Except as provided

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in subsection (d), the Commission shall not refuse to

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certify a State program based solely on the method

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such State will implement for funding intrastate tele

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communication relay services.

“(4) SUSPENSION OR REVOCATION OF CERTIFICATION.—The Commission may suspend or revoke

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such certification if, after notice and opportunity for

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hearing, the Commission determines that such certifica-
tion is no longer warranted.
"(g) COMPLAINT.-

"(1) REFERRAL OF COMPLAINT.—If a complaint to the Commission alleges a violation of this section with respect to intrastate telecommunications relay

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of such State under subsection (f) is in effect, the Com

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mission shall refer such complaint to such State.

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"(2) JURISDICTION OF COMMISSION.-After re

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ferring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if

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12 tions Act of 1934 (47 U.S.C. 151 et seq.) is amended 13

(1) in section 2(b) (47 U.S.C. 152(b)), by striking 14 "section 224” and inserting “sections 224 and 225";

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(2) in section 221(b) (47 U.S.C. 221(b)), by striking “section 301" and inserting “sections 225 and

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301".

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TITLE V-MISCELLANEOUS

PROVISIONS

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21 SEC. 501. CONSTRUCTION.

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(a) REHABILITATION ACT OF 1973.

Nothing in this

23 Act shall be construed to reduce the scope of coverage or

24 apply a lesser standard than the coverage required or the 25 standards applied under title V of the Rehabilitation Act of

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1 1973 (29 U.S.C. 790 et seq.) or the regulations issued by

2 Federal agencies pursuant to such title. 3 (b) OTHER LAWS.-Nothing in this Act shall be con4 strued to invalidate or limit any other Federal law or law of 5 any State or political subdivision of any State or jurisdiction 6 that provides greater or equal protection for the rights of 7 individuals with disabilities than are afforded by this Act. 8 (c) INSURANCE.—Titles I through IV of this Act shall 9 not be construed to prohibit or restrict10

(1) an insurer, hospital or medical service compa11

ny, health maintenance organization, or any agent, or 12 entity that administers benefit plans, or similar organi13 zations from underwriting risks, classifying risks, or ad14

ministering such risks that are based on or not incon

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(2) a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administer

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ing such risks that are based on or not inconsistent

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(3) a person or organization covered by this Act from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance:

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