Gleason_dh.doc

November 24, 1999

H. Lane Gleason, CPA
Crandall, Swenson & Gleason
1110 N Five Mile Road
Boise, ID 83713

Re: TRS Audit

Dear Mr. Gleason:

As I indicated in my telephone message of last Friday, I was unable to find your letter dated October 4, 1999, regarding your audit of the Idaho Telecommunications Relay Service (TRS) fund. Thank you for providing me a new copy of your letter via facsimile.

In your letter, you asked several questions relating to the Idaho TRS. In particular, you inquired about the controlling laws and regulations for the TRS program and whether the Commission is aware of any program non-compliance. Let me first turn to the applicable laws and regulations.

The federal enabling legislation for the TRS program is the Americans with Disabilities Act (ADA) found at 47 U.S.C. § 225. The ADA requires that telecommunications relay services be available to all Americans. Relay services must “provide the ability for an individual who has a hearing impairment or speech impairment to engage in communications by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment or speech impairment.” 47 U.S.C. § 225(a)(3). Pursuant to this authority, the Federal Communications Commission (FCC) has issued regulations applicable to relay services found at 47 C.F.R. Part 64, Subpart F (§§ 64.601 through 64.608).

Turning to Idaho laws and rules, Idaho Code § 61-1301 created the Idaho TRS program to comply with the ADA and applicable FCC regulations. Idaho’s TRS program has been certified by the FCC. Idaho Code § 61-1306 provides that the Commission shall promulgate such rules, policies and procedures as may be necessary to implement and administer the Idaho TRS program. Pursuant to this statutory authority, the Commission has promulgated Administrative Rules for telecommunications relay services found at IDAPA 31.46.02.000 et seq. (the TRS Rules).

You also inquired about the applicability of other Idaho laws to the TRS program. The Idaho Administrative Procedures Act (APA) is applicable to the Commission for rulemaking. However, the APA is not applicable to the Commission in instances of: 1) contested proceedings before the Commission; and 2) procedures for judicial review of Commission decisions. Idaho Code §§ 67-5240 and 67-5270(3).

The Commission’s TRS Administrator is subject to the Idaho Open Meeting Law (Idaho Code §§ 67-2340 et seq.) and the Idaho Public Records Law (Idaho Code §§ 9-337 et seq.). Although the records of the TRS Administrator are subject to the Public Records Act, there are particular documents within the Administrator’s possession that are considered to be exempt from public disclosure pursuant to TRS Rule 205.05. IDAPA 31.46.02.205.02 and Idaho Code § 9-340D(1). Finally, the Administrator must also comply with TRS Orders issued by this Commission. See Order Nos. 27972, 27783, 27276, etc.

In summary, the applicable federal and state laws and regulations/rules applicable to the TRS program are:

Americans with Disabilities Act (ADA), 47 U.S.C. § 225
FCC Rules, 47 C.F.R. Part 64, Subpart F (64.601 thru 64–608)
Idaho Telecommunications Relay Services Act, Idaho Code §§ 61-1301 thru 61–1306
TRS Rules, IDAPA 31.46.02.000 et seq.
Idaho Public Records Law, Idaho Code §§ 9-337 thru 9-350
Idaho Open Meeting Law, Idaho Code §§ 67-2340 thru 67-2347
Other miscellaneous provisions of Idaho law
Various Orders issued by the Commission regarding the Idaho TRS

In answer to your last question, the Commission is unaware of any TRS non-compliance with federal or state laws, rules or regulations.

Again, I apologize for the lateness of this letter. If you have any questions, please contact me at 334-0312.

Sincerely yours,

Donald L. Howell, II
Deputy Attorney General

cc: Commissioners
Doug Cooley
Bob Dunbar

Vld/L:Gleason_dh
Your letter asks whether the TRS fund is subject to the “Idaho Administrative Procedures Act, Title 31.” There is an Idaho Administrative Procedures Act but it is found in Title 67, Chapter 52 (Idaho Code § 67-5201 et seq.).

H. Lane Gleason
November 24, 1999
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