1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 50 with disabilities, to the extent required by this title; (B) may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General; and (C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount (i) not exceeding $50,000 for a first vio lation; and (ii) not exceeding $100,000 for any sub sequent violation. (3) JUDICIAL CONSIDERATION.-In a civil action under paragraph (1), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this Act by the entity. 19 SEC. 309. EFFECTIVE DATE. 20 This title shall become effective 18 months after the 21 date of enactment of this Act. 08 933 PP 7 IMPAIRED AND SPEECH-IMPAIRED INDIVID UALS. (a) TELECOMMUNICATIONS.-Title II of the Communi 8 cations Act of 1934 (47 U.S.C. 201 et seq.) is amended by 9 adding at the end thereof the following new section: 10 "SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING 11 12 IMPAIRED AND SPEECH-IMPAIRED INDIVID UALS. "(a) DEFINITIONS.-As used in this section "(1) Common carrier or CARRIER.-The term 'common carrier' or 'carrier' includes any common carrier engaged in interstate communication by wire or radio as defined in section 3(h), any common carrier engaged in intrastate communication by wire or radio, and any common carrier engaged in both interstate and intrastate communication, notwithstanding sections 2(b) and 221(b). "(2) TDD.-The term "TDD' means a Telecommunications Device for the Deaf, which is a machine that employs graphic communication in the transmis ●S 933 PP 36-873 0-91-20 52 1 2 3 4 5 6 7 8 9 11 sion of coded signals through a wire or radio communi cation system. "(3) TELECOMMUNICATIONS RELAY SERVICES. The term 'telecommunications relay services' means telephone transmission services that provide the ability for an individual who has a hearing impairment or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an indi10 vidual who does not have a hearing impairment or speech impairment to communicate using voice communication services by wire or radio. Such term includes services that enable two-way communication between 123 14 15 16 17 an individual who uses a TDD or other nonvoice ter minal device and an individual who does not use such a device. "(b) AVAILABILITY OF TELECOMMUNICATIONS RELAY 18 SERVICES. “(1) IN GENERAL.-In order to carry out the purposes established under section 1, to make available to all individuals in the United States a rapid, efficient nationwide communication service, and to increase the utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate tele communications relay services are available, to the ●S 933 PP 1 2 3 4 5 6 7 8 9 10 11 12 53 extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals in the United States. "(2) REMEDIES.-For purposes of this section, the same remedies, procedures, rights, and obligations under this Act that are applicable to common carriers engaged in interstate communication by wire or radio are also applicable to common carriers engaged in intrastate communication by wire or radio and common carriers engaged in both interstate and intrastate communication by wire or radio. "(c) PROVISION OF SERVICES.-Each common carrier 13 providing telephone voice transmission services shall provide 14 telecommunications relay services individually, through des15 ignees, or in concert with other carriers not later than 3 16 years after the date of enactment of this section. "(d) REGULATIONS. "(1) IN GENERAL.-The Commission shall, not later than 1 year after the date of enactment of this section, prescribe regulations to implement this section, including regulations that "(A) establish functional requirements, guidelines, and operations procedures for telecommuni 23 24 cations relay services; ●S 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 54 "(B) establish minimum standards that shall be met by common carriers in carrying out sub section (c); "(C) require that telecommunications relay services operate every day for 24 hours per day; "(D) require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination; "(E) prohibit relay operators from refusing calls or limiting the length of calls that use telecommunications relay services; "(F) prohibit relay operators from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and "(G) prohibit relay operators from intentionally altering a relayed conversation. "(2) TECHNOLOGY.-The Commission shall ensure that regulations prescribed to implement this section encourage the use of existing technology and ●S 933 PP |