55 do not discourage or impair the development of im proved technology. "(3) JURISDICTIONAL SEPARATION OF COSTS.— "(A) IN GENERAL.-The Commission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section. "(B) RECOVERING COSTS.-Such regulations shall generally provide that costs caused by interstate telecommunications relay services shall be recovered from the interstate jurisdiction and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. "(C) JOINT PROVISION OF SERVICES.-To the extent interstate and intrastate common carri ers jointly provide telecommunications relay services, the procedures established in section 410 shall be followed, as applicable. "(4) FIXED MONTHLY CHARGE.-The Commission 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 that full compliance with the requirements of this sec ●8 933 PP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 56 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 additional year. "(e) ENFORCEMENT. "(1) IN GENERAL.-Subject to subsections (f) and (g), the Commission shall enforce this section. "(2) COMPLAINT.-The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed. "(f) CERTIFICATION. "(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 ●S 933 PP 1 2 3 4 5 6 7 8 9 10 57 requirements of regulations prescribed by the Commis sion under subsection (d). "(3) METHOD OF FUNDING.-Except as provided in subsection (d), the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services. "(4) SUSPENSION OR REVOCATION OF CERTIFICATION.-The Commission may suspend or revoke such certification if, after notice and opportunity for 11 hearing, the Commission determines that such certifica 12 E23 13 14 15 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 services within a State and certification of the program of such State under subsection (f) is in effect, the Commission shall refer such complaint to such State. "(2) JURISDICTION OF COMMISSION.-After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if 05 933 PP 1 2 3 4 5 6 7 8 9 10 11 58 "(A) final action under such State program has not been taken on such complaint by such State "(i) within 180 days after the complaint is filed with such State; or "(ii) within a shorter period as pre-. scribed by the regulations of such State; or "(B) the Commission determines that such State program is no longer qualified for certification under subsection (f).". (b) CONFORMING AMENDMENTS.-The Communica12 tions Act of 1934 (47 U.S.C. 151 et seq.) is amended(1) in section 2(b) (47 U.S.C. 152(b)), by striking "section 224" and inserting "sections 224 and 225"; and 13 34 14 15 16 17 18 19 20 (2) in section 221(b) (47 U.S.C. 221(b)), by striking "section 301" and inserting "sections 225 and 301". TITLE V-MISCELLANEOUS PROVISIONS 21 SEC. 501. CONSTRUCTION. 22 (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 08 933 PP 59 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. (c) INSURANCE.-Titles I through IV of this Act shall 9 not be construed to prohibit or restrict― 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (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 administering such risks that are based on or not inconsistent with State law; (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: ●S 933 PP |