trs_17.pdf

TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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IDAPA 31
TITLE 46
Chapter 02
31.46.02 - RULES FOR TELECOMMUNICATIONS RELAY SERVICES (TRS)

TABLE OF CONTENTS

000. Legal Authority (Rule 0) ....................................................................................................... 1
001. Title and Scope (Rule 1) ....................................................................................................... 1
002. Written Interpretations—Agency Guidelines (Rule 2) ......................................................... 1
003. Administrative Appeals (Rule 3) .......................................................................................... 1
004. Public Records Act Compliance (Rule 4) ............................................................................. 1
005. Definitions (Rule 5) .............................................................................................................. 1
01. Administrator ................................................................................................................. 2
02. American Sign Language (ASL) ................................................................................... 2
03. ACSII ............................................................................................................................. 2
04. Baudot ............................................................................................................................ 2
05. Communication Assistant (CA) ..................................................................................... 2
06. Communication Impaired .............................................................................................. 2
07. Hearing Carry Over (HCO) ........................................................................................... 2
08. Local Exchange Company ............................................................................................. 2
09. Message Telecommunications Service (MTS) .............................................................. 2
10. Program .......................................................................................................................... 3
11. Telephone Corporation .................................................................................................. 3
12. Telecommunications Relay Services (TRS) .................................................................. 3
13. Text Telephone (TT) ...................................................................................................... 3
14. Universal Service Fund (USF) ....................................................................................... 3
15. Voice Carry Over (VCO) ............................................................................................... 3
006. Citation (Rule 6) ................................................................................................................... 4
007. Effective Date—History of Rules (Rule 7) ........................................................................... 4
008.—100. (RESERVED) ........................................................................................................... 4

RULES 101 THROUGH 200—
THE TRS PROGRAM, ADMINISTRATOR, AND PROVIDER

101. Requirements of the TRS Program (Rule 101) ..................................................................... 4
01. Operational Requirements ............................................................................................. 4
02. Communications Assistants’ Handling of Calls ............................................................ 5
03. Rates ............................................................................................................................... 5
04. Other Standards and Services ........................................................................................ 5
102. TRS Administrator (Rule 102) ............................................................................................. 6
01. Appointment and Contract ............................................................................................. 6
02. Duties and Responsibilities of Administrator ................................................................ 6
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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03. Contributions, Gifts and Grants ..................................................................................... 6
103. Establishment of Telephone Industry Advisory Committee (Rule 103) .............................. 7
01. Establishment of Committee .......................................................................................... 7
104. Consultation with Representatives of the Hearing-Impaired and the Speech-Impaired
(Rule 104) ............................................................................................................................. 7
105. Request for Proposals (RFP)—Selection of TRS Provider (Rule 105) ................................ 7
01. Formulation of RFP and Submission to the Commission .............................................. 7
02. Requirements of the RFP ............................................................................................... 7
03. Timetable for Decision .................................................................................................. 8
106. State Certification—Annual Reports (Rule 106) .................................................................. 8
107. Resolution of Complaints (Rule 107) ................................................................................... 8
108.—200. (RESERVED) ........................................................................................................... 8

RULES 201 THROUGH 300.
TELECOMMUNICATIONS RELAY SERVICES FUND

201. Telecommunications Relay Services (TRS) Fund—Establishment and Purpose
(Rule 201) ............................................................................................................................. 9
202. The Commission’s Determination of Funding Levels (Rule 202) ........................................ 9
01. Issuance of Commission Order ...................................................................................... 9
02. Findings and Directives of the Order Prescribing Funding Levels................................ 9
03. Calculation of Funding Levels ..................................................................................... 10
203. Telephone Corporations’ Monthly Remittances to the TRS Administrator (Rule 203) ..... 10
204. The Administrator’s Quarterly Report to the Commission (Rule 204) .............................. 11
01. Administrator’s Disbursements ................................................................................... 11
02. Administrator’s Fees .................................................................................................... 11
03. List of all Companies ................................................................................................... 11
04. Total Amounts Remitted .............................................................................................. 11
05. Total Number of Local Calls ....................................................................................... 11
06. Interest, Contributions and Other Income .................................................................... 11
07. Fund Balances for the Quarter ..................................................................................... 11
205. The Administrator’s Annual Report to the Commission (Rule 205) .................................. 11
01. Report of Existing Financial Conditions...................................................................... 11
02. Report on Use of the TRS Program ............................................................................. 12
03. Recommendation ......................................................................................................... 12
04. Review by Commission Staff ...................................................................................... 12
05. Report a Public Record—Workpapers Exempted Trade Secrets ................................ 12
206.—300. (RESERVED) ......................................................................................................... 13

RULES 301 THROUGH 400—
PARTICIPATION IN THE TRS PROGRAM

301. Participation in Program (Rule 301) ................................................................................... 13
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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302. Exemption from TRS Participation and Funding (Rule 302) ............................................. 13
01. ADA ............................................................................................................................. 13
02. TRS Program ............................................................................................................... 13
303.—999. (RESERVED) ......................................................................................................... 13

TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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RULES 0 THROUGH 100. INTRODUCTION

000. LEGAL AUTHORITY (Rule 0).
These rules are adopted under the general legal authority of Chapter 13, Title 62, Idaho Code,
and the specific authority of Section 61-1306, Idaho Code. (7-1-93)

001. TITLE AND SCOPE (Rule 1).
The name of this chapter is “Rules for Telecommunications Relay Services (TRS)”. This chapter
has the following scope: It governs provision of telecommunications relay services (TRS) in
Idaho. (7-1-93)

002. WRITTEN INTERPRETATIONS--AGENCY GUIDELINES (Rule 2).
For rulemakings conducted before July 1, 1993, written interpretations to these rules in the form
of explanatory comments accompanying the order of proposed rulemaking and review of
comments submitted in the order adopting these rules are maintained in the files of the Secretary
of the Idaho Public Utilities Commission and are available from the office of the Commission
Secretary. The Commission Secretary may be contacted in writing at the Idaho Public Utilities
Commission, PO Box 83720, Boise, Idaho 83720-0074, or may be reached by telephone at (208)
334-0300. For rulemakings conducted after July 1, 1993, written interpretations to these rules in
the form of explanatory comments accompanying the notice of proposed rulemaking that
originally proposed the rules and review of comments submitted in the rulemaking decision
adopting these rules are published in the issues of the Idaho Administrative Bulletin proposing or
adopting the rules. (7-1-93)

003. ADMINISTRATIVE APPEALS (Rule 3).
Any telephone corporation aggrieved by any decision of the Universal Service Fund
Administrator, the Telecommunications Relay System Administrator, or the Commission Staff
that affects any of the telephone corporation’s interests under these rules may petition the
Commission to review the decision of the Universal Service Fund Administrator, the
Telecommunications Relay System Administrator, or the Commission Staff by filing a formal
petition according to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq.
(7-1-93)

004. PUBLIC RECORDS ACT COMPLIANCE (Rule 4).
Subsection 205.05 details which papers filed in connection with the administration of the
Telecommunications Relay Service Fund are public records and which are trade secrets exempt
from disclosure under Section 74-107, Idaho Code. (4-5-00)
[Amended, G.O. 201.]

005. DEFINITIONS (Rule 5).
As used in these rules: (7-1-93)

TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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01. Administrator. “Administrator” means the person with whom the Idaho Public
Utilities Commission contracts to administer the program for delivery of telecommunications
relay services. See Section 61-1302(1), Idaho Code. (7-1-93)

02. American Sign Language (ASL). “American sign language” means a visual
language based on hand shape, position, movement, and orientation of the hands in relation to
each other and the body. See 47 C.F.R. 64.601(1). (7-1-93)

03. ASCII. “ASCII” is an acronym for American Standard Code for Information
Interexchange, which employs an eight-bit code and can operate at any standard transmission
baud rate including 300, 1200, 2400, and higher. See 47 C.F.R. 64.601(2). (7-1-93)

04. Baudot. “Baudot” means a seven (7) bit code, only five (5) of which are information
bits. Baudot was used by some text telephones to communicate with each other at a forty-five
point five (45.5) baud rate. See 47 C.F.R. 64.601(3). (7-1-93)

05. Communications Assistant (CA). “Communications assistant (CA)” means a person
who transliterates conversation from text to voice and from voice to text between two (2) end
users of TRS. CAs are also known by terms such as “TRS operator” or “TDD operator.” See 47
C.F.R. 64.601(5). (7-1-93)

06. Communications Impaired. “Communications impaired” means individuals who are
hearing-impaired or speech-impaired as defined in Title IV, Section 401, Americans with
Disabilities Act of 1990, Public Law 101-336, 47 U.S.C. 225, or regulations promulgated
pursuant to that Act, in particular, 47 C.F.R. 64.601 et seq. See Section 61-1302(3), Idaho Code.
(7-1-93)

07. Hearing Carry Over (HCO). “Hearing carry over (HCO)” means a reduced form of
TRS where the person with a speech disability is able to listen to the other end user and, in reply,
the CA speaks the text as typed by the person with the speech disability. The CA does not type
any conversation. See 47 C.F.R. 64.601(6). (7-1-93)

08. Local Exchange Company. “Local exchange company” means a telephone
corporation that provides access lines to residential and business customers with the associated
transmission of two-way interactive switched voice communication within a geographic area
where basic local exchange rates rather than message telecommunications service rates apply.
See Section 61-1302(4), Idaho Code. (7-1-93)

09. Message Telecommunications Service (MTS). “Message telecommunications
service (MTS)” means the transmission of two-way interactive switched voice communication
between local exchange areas for which charges are made on a per-unit basis, not including Wide
Area Telecommunications Service (WATS) (or its equivalent) or individually negotiated
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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contracts for telecommunication services. See Section 62-603(6), Idaho Code, as adopted by
reference in Section 61-1302(5), Idaho Code. (7-1-93)

10. Program. “Program” means the effort directed by the administrator to establish and
operate an Idaho system to provide telecommunications relay services. See Section 61-1302(5),
Idaho Code. (7-1-93)

11. Telephone Corporation. “Telephone corporation” means every corporation or
person, their lessees, trustees, or receivers appointed by any court whatsoever, providing
telecommunication services for compensation within this State, except telephone corporations
solely providing radio paging, mobile radio telecommunications services, answering services
(including computerized or otherwise automated answering or voice message services), or one-
way transmission to subscribers of video programming, or other programming service, and
subscriber interaction, if any, that is required for the selection of video programming or other
programming service. See Section 62-603(14), Idaho Code, as adopted by reference in Section
61-1302(7), Idaho Code. (3-29-17)

12. Telecommunications Relay Services (TRS). “Telecommunications relay services
(TRS)” mean services through which a communications-impaired person, using specialized
telecommunications equipment, may send and receive messages to and from a non-
communications-impaired person whose telephone is not equipped with specialized
telecommunications equipment and through which a non-communications-impaired person may,
by using voice communication, send and receive messages to and from a communications-
impaired person. This term includes services that enable two-way communication between an
individual who uses a text telephone or other non-voice terminal device and an individual who
does not use such a device. TRS supersedes the terms “dual party relay system,” “message relay
services,” and “TDD relay.” See Section 61-1302(8), Idaho Code, and 47 C.F.R. 64.601(7).
(7-1-93)

13. Text Telephone (TT). “Text telephone (TT)” means a machine that employs graphic
communication in the transmission of coded signals through a wire or radio communications
system. TT supersedes the term “TDD” or “telecommunications device for the deaf”. See 47
C.F.R. 64.601(a). (7-1-93)

14. Universal Service Fund (USF). “Universal service fund (USF)” means the fund
established by the Commission pursuant to Section 62-610, Idaho Code, and this Commission’s
rules codified at IDAPA 31.46.01.000, et seq. The USF has an administrator whose duties are set
forth by this Commission’s rules and this Commission’s contract with the administrator. See
IDAPA 31.46.01.102. (7-1-93)

15. Voice Carry Over (VCO). “Voice carry over (VCO)” means a reduced form of TRS
where the person with the hearing disability is able to speak directly to the other end-user. The
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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CA types responses back to the person with the hearing disability. The CA does not speak on
behalf of the TT users. See 47 C.F.R. 64.601(9). (7-1-93)
[Adopted, G.O. 187; amended, G.O. 187A; amended, G.O. 187C; amended, 31-4602-1602.]
Statutory Reference: 47 U.S.C. § 225(a)(1) and (3); Idaho Code §§ 61-302; 62-603
Federal Regulation Reference: 47 C.F.R. § 64.601.
Cross Reference: Rules 101, 102, 103, 104, 105, 106, 107.

006. CITATION (Rule 6).
The official citation of these rules is IDAPA 31.46.02.000 et seq. For example, this rule is cited
as IDAPA 31.46.02.006. In documents submitted to the Commission or issued by the
Commission, these rules may be cited by their short title of Telecommunications Relay Services
Rules (TRSR) and the parenthetical rule number. For example, this rule may be cited as TRSR 6.
(7-1-93)

007. EFFECTIVE DATE--HISTORY OF RULES (Rule 7).
The Commission adopted predecessors to these rules in 1992. They were most recently codified
at IDAPA 31.D.12. They were readopted and reformatted by rulemaking decision in docket
number 31-4602-9301, effective July 1, 1993. The history of rulemaking proceedings preceding
the initiation of the publishing of the Idaho Administrative Bulletin and the Idaho Administrative
Code is available from the Commission Secretary. (7-1-93)

008. -- 100. (RESERVED).

RULES 101 THROUGH 200 –
THE TRS PROGRAM, ADMINISTRATOR, AND PROVIDER

101. REQUIREMENTS OF THE TRS PROGRAM (Rule 101).
01. Operational Requirements. State or federal law imposes the following operational
requirements upon a TRS provider: (7-1-93)

a. TRS must be provided twenty-four (24) hours per day, seven (7) days per week, every
day of the year. See 47 U.S.C. 225(d)(1)(C); 47 C.F.R. 64.604(b)(4); Section 61-1303(2)(a),
Idaho Code. (7-1-93)

b. The TRS provider shall not refuse calls or limit the length of calls using TRS, except
that providers of TRS may decline to complete a call because credit authorization has been
denied. See 47 U.S.C. 225(d)(1)(E); 47 C.F.R. 64.604(a)(3). (7-1-93)

c. The TRS provider must be capable of communicating with text telephone users using
either the ASCII or Baudot format, at any speed generally in use. See 47 C.F.R. 64.604(b)(1).
(7-1-93)

TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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d. Except during network failure, the TRS provider shall answer eighty-five percent
(85%) of all calls within ten (10) seconds, and no more than thirty (30) seconds shall elapse
between receipt of dialing information and the dialing of a requested number. The TRS provider
shall include adequate staffing to provide callers with efficient access under projected calling
volumes so that the probability of a busy response due to unavailability of communications
assistants will be functionally equivalent to what a voice caller would experience in attempting to
reach a party through the voice telephone network. See 47 C.F.R. 64.604(b)(2). (7-1-93)

e. The TRS provider shall give TRS users access through the TRS to their chosen inter-
exchange carrier and to all other operator services to the same extent that such access is provided
to voice users. See 47 C.F.R. 64.604(b)(3). (3-29-17)

02. Communications Assistants' Handling of Calls. TRS providers must require that
communications assistants (CAs) be sufficiently trained to effectively meet the specialized
communication needs of individuals with hearing and speech disabilities and that
communications assistants have competent skills in typing, grammar, spelling, interpretation of
typewritten ASL, and familiarity with hearing and speech disability cultures, languages and
etiquette. Communications assistants are prohibited from disclosing the content of any relayed
conversation regardless of content and from keeping records of the content of any conversation
beyond the duration of a call. Communications assistants are prohibited from intentionally
altering a relayed conversation and must relay all conversations verbatim unless the relay user
specifically requests summarization. Communications assistants must relay all messages
promptly and accurately. See 47 U.S.C. 225(d)(1)(F), -(G); 47 C.F.R. 64.604(a)(1), -(2); Section
61-1303(2)(b), -(c), Idaho Code. (3-29-17)

03. Rates. The users of TRS shall 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 the point of termination. In
particular, this means that when a telephone call from one customer to another would not incur
long-distance charges if the call were placed directly without use of the TRS system, then there
will be no long-distance charge for that call when the TRS system is used, even if the TRS
provider is located in a telephone exchange that would ordinarily require a long-distance call to
reach the calling or answering party. See 47 U.S.C. 225(d)(1)(D); 47 C.F.R. 64.604(c)(3).
(7-1-93)

04. Other Standards and Services. The standards and services required for TRS
providers by this rule are minimum standards and services. The request for proposal for TRS
services may require additional standards or services, or if the request for proposals does not, the
selection of the TRS provider may take into account the ability of the TRS provider to meet
standards or provide services in addition to the minimum standards or services required by this
rule. (7-1-93)
[Adopted, G.O. 187; amended, 31-4602-1602.]
Statutory Reference: 47 U.S.C. § 225(d)(1)(E) and (6); Idaho Code §§ 61-1303(2)(a)-(c).
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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Federal Regulation Reference: 47 C.F.R. §§ 64.604(a)(1) and (2), (b)(1)-(4), (c)(3).
Cross Reference Rules: Rules 5, 102, 103, 104, 105, 106, 107.

102. TRS ADMINISTRATOR (Rule 102).
01. Appointment and Contract. The Commission shall appoint and contract with a
qualified person to administer the TRS program in accordance with the requirements of state and
federal law. The TRS administrator is not an employee or officer of the state of Idaho, but is
instead an independent contractor. The appointment and contract shall be for fixed terms, but the
Commission may renew terms of appointment or contract. (7-1-93)

02. Duties and Responsibilities of Administrator. The Administrator shall: (7-1-93)

a. Consult with and receive recommendations from a telephone industry technical
advisory committee (or its representatives) appointed by the Commission; (7-1-93)

b. Post a fidelity bond in the amount required by the contract with the Commission;
(7-1-93)

c. Meet timetables necessary to secure certification of the TRS program by the Federal
Communications Commission; (7-1-93)

d. Issue (upon such terms as the Commission finds reasonable) a request for proposals to
providers of message relay services requesting responsive proposals to provide such services that
may be necessary for the program; (7-1-93)

e. Evaluate responsive proposals to offer TRS services and recommend one (1) or more
proposals to the Commission for its review and approval; (7-1-93)

f. Enter into a contract with the provider of TRS, which contract and provider have been
approved by the Commission; (7-1-93)

g. Consult with the Idaho State Council for the Deaf and Hard of Hearing and the Idaho
State Council on Developmental Disabilities concerning program design and delivery of message
relay services to communications-impaired persons within the state of Idaho; and (7-1-93)

h. Perform other services concerning the program as may be deemed reasonable and
necessary by the Commission or required by the Commission in its contract with the TRS
administrator. (7-1-93)

03. Contributions, Gifts and Grants. The administrator may receive contributions, gifts
and grants on behalf of and in aid of the TRS program. The contributions, gifts and grants shall
be deposited in the Idaho Telecommunications Relay Services Fund. (7-1-93)
[Adopted, G.O. 187.]
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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Statutory Reference: Idaho Code § 61-1303.
Cross Reference: Rules 5, 101, 103, 104, 105, 106, 107.

103. ESTABLISHMENT OF TELEPHONE INDUSTRY ADVISORY COMMITTEE
(Rule 103).
01. Establishment of Committee. The Commission hereby establishes a telephone
industry advisory committee with which the administrator shall consult in the assessment of
responses to the RFP, and the review the services provided. The industry committee shall have
three (3) members, who shall be representatives of: (3-29-17)

a. A large provider of local exchange and intraLATA MTS services in Idaho; (3-29-17)

b. An independent telephone company providing local exchange services and a member
of the Idaho Telephone Association (the trade group that includes independent telephone
companies in Idaho); and (3-29-17)

c. The Idaho State Council for the Deaf and Hard of Hearing, or the State Council on
Developmental Disabilities. (3-29-17)
[Adopted, G.O. 187; amended, 31-4602-1602.]
Statutory Reference: Idaho Code §§ 61-1303(1)(b)(i); 61-1306(1).
Cross Reference Rules: Rules 5, 101, 104, 105, 106, 107.

104. CONSULTATION WITH REPRESENTATIVES OF THE HEARING-IMPAIRED
AND THE SPEECH-IMPAIRED (Rule 104).
It shall be the duty of the administrator to consult with representatives of the Idaho State Council
for the Deaf and Hard of Hearing and of the Idaho State Council on Developmental Disabilities.
(3-29-17)
[Adopted, G.O.187; amended, 31-4602-1601.]
Statutory Reference: Idaho Code § 67-7301.
Cross Reference: Rules 5, 101, 102, 103, 105, 106.

105. REQUEST FOR PROPOSALS (RFP)--SELECTION OF TRS PROVIDER (Rule
105).
01. Formulation of RFP and Submission to the Commission. The administrator, shall
formulate and submit a request for proposals (RFP) for the provision of TRS to the Commission.
The Commission shall review the RFP and return it to the administrator, with comments or
changes that Commission finds appropriate, and direct the administrator to issue the RFP.
(3-29-17)

02. Requirements of the RFP. The RFP issued by the administrator must request all
companies responding to the RFP to comply with all requirements of state and federal law. See
Rule 101. In addition, the RFP may require those responding to the RFP to meet additional
requirements contained in the RFP or ask those responding to list additional standards they could
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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meet or additional services that they could provide above the minimums required by state and
federal law. (7-1-93)

03. Timetable for Decision. The administrator shall develop a timetable for formulation
of the RFP, its review by the Commission, advertisement of the RFP for response, review of
proposals submitted in response to the RFP, and final decision selecting a TRS provider that will
complete the process of selection of the TRS provider in sufficient time to maintain
uninterrupted relay services. (3-29-17)
[Adopted, G.O. 187; amended, 31-4602-1602.]
Statutory Reference: 47 U.S.C. § 225; Idaho Code § 61-1301.
Federal Regulation Reference: 47 C.F.R. §§ 64-601.
Cross Reference: Rules 5, 101, 102, 103, 104, 106.

106. STATE CERTIFICATION--ANNUAL REPORTS (Rule 106).
The administrator shall submit a report to the Idaho Public Utilities Commission, to the Idaho
State Council for the Deaf and Hard of Hearing, and to the Idaho State Council on
Developmental Disabilities as necessary so that the Commission may file the necessary
document with the Federal Communications Commission on or before October 1, 1992,
requesting continued certification of the Idaho TRS in order to allow any Idaho intrastate
telephone corporation to comply with its obligations under federal law to provide TRS by
contracting with the Idaho TRS provider. (3-29-17)
[Adopted, G.O. 187; amended, 31-4602-1602.]
Statutory Reference: 47 U.S.C. § 225(f).
Federal Regulation Reference: 47 C.F.R. § 64.605.
Cross Reference: Rules 5, 101, 102, 103, 104, 105, 107.

107. RESOLUTION OF COMPLAINTS (Rule 107).
The Idaho Public Utilities Commission hereby offers itself as a forum for resolution of customer
complaints regarding TRS provided for Idaho intrastate services. Complaints can be filed and
handled informally under Rules 401 et seq. of the Telephone Customer Relations Rules, IDAPA
31.41.01.400 et seq., or formally under the Commission’s Rules of Practice and Procedure,
IDAPA 31.01.01.000 et seq. The Commission commits to process these complaints within the
one hundred eighty (180) day timetable set forth in 47 C.F.R. 64.604(c)(5)(i). (7-1-93)
[Adopted, G.O. 187.]
Statutory Reference: 47 U.S.C. § 225(g).
Federal Regulation Reference: 47 C.F.R. § 64.604(c)(5)(i).
Cross Reference: Rules 5, 101, 106.

108. -- 200. (RESERVED).

TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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RULES 201 THROUGH 300.
TELECOMMUNICATIONS RELAY SERVICES FUND

201. TELECOMMUNICATIONS RELAY SERVICES (TRS) FUND--ESTABLISHMENT
AND PURPOSE (Rule 201).
Section 61-1304, Idaho Code, directs the TRS administrator to establish a fund (the
telecommunications relay services fund, or TRS fund) for the provision of telecommunications
relay services. The TRS administrator is directed to deposit the fund in a depository approved by
the Commission and to credit to that fund all monetary contributions, gifts and grants received by
the administrator and all charges billed and collected pursuant to Section 61-1305, Idaho Code,
and these rules. No funds derived from monies billed and collected from telephone corporations
pursuant to Section 61-1305, Idaho Code, and these rules shall be used for the acquisition of end-
user text telephones. All monies deposited in the TRS fund shall be spent for the purpose of
defraying the expenses, debts and costs incurred in carrying out the provisions of the TRS
program, or for defraying administrative expenses of the administrator, including necessary
expenses for consultants to the administrator, expenses for travel, supplies and equipment and
other expenses of the administrator necessary for the implementation of the TRS program. All
monies credited to the TRS fund may be spent by the administrator at such times and in such
manner as authorized by this Commission’s rules, orders or contract with the administrator.
[Adopted, G.O. 187A; amended, G.O. 187B; amended, G.O. 187C.] (7-1-93)
Statutory Reference: Idaho Code §§ 61-1302, 61-1303, 61-1304, 61-1306.
Cross Reference: Rules 5, 102, 202, 203, 204, 205, 301, 302.

202. THE COMMISSION'S DETERMINATION OF FUNDING LEVELS (Rule 202).
01. Issuance of Commission Order. On or before November 1, 1992, the Commission
shall issue an order in response to the administrator’s contract with the TRS provider that will
establish funding levels to be in effect for the initiation of TRS service. Before June 30, 1993, the
Commission may issue an order or orders adjusting the initial funding levels as necessary in light
of experience with the initial months of service. Thereafter, on or before March 1 of each
succeeding year, the Commission shall issue an order in response to the administrator’s annual
report that will establish funding levels to be in effect for the twelve months beginning April 1
following issuance of the order. The Commission may issue an order revising funding levels at
other times in order to preserve the integrity of the fund. (7-1-93)

02. Findings and Directives of the Order Prescribing Funding Levels. All orders
prescribing funding levels issued pursuant to Rule 202.01 shall contain the following: (7-1-93)

a. The Commission’s finding of the funding target for the TRS program for the twelve
(12) months beginning April 1 (or other appropriate time, if the order is not issued to be in effect
for twelve (12) months beginning April 1), based upon anticipated expenses of operation of the
TRS program for those twelve (12) months and prudent management of minimum fund balances;
and (7-1-93)

TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
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b. The Commission’s findings of the fair, just and reasonable allocations of the twelve
(12) month funding target that will come from telephone corporations providing local exchange
service and that will come from telephone corporations providing MTS/WATS services,
respectively. (7-1-93)

03. Calculation of Funding Levels. Telephone corporations providing local exchange
service in Idaho and telephone corporations providing intrastate MTS/WATS services in Idaho
must contribute to the TRS fund as follows: (7-1-93)

a. Each telephone corporation providing local exchange service in Idaho shall file a
monthly report, due on or before the first of each month, stating the number of local access lines
it has for that month. The data used to determine a local exchange company’s number of local
access lines shall be the same as that used for monthly reporting to the administrator of the
Universal Service Fund (USF) for the monthly USF report. See USF Rule 201.01, IDAPA
31.46.01.201.01. (7-1-93)

b. Each telephone corporation providing intrastate MTS/WATS service in Idaho is
required to contribute to TRS funding in proportion to the number of its intrastate MTS/WATS
billed minutes, provided that those telephone corporations providing intrastate MTS/WATS
service in Idaho that use the services of another telephone corporation for the actual
transportation of calls and that have been granted exemptions from contributions to the Universal
Service Fund by the Commission, the USF administrator, or the Commission staff are also
granted exemptions from contributions to the TRS fund by operation of this rule. The USF
administrator shall provide the TRS administrator with a list of all telephone corporations
exempted from contributing to the USF and all changes to that list whenever they are made. The
data determining an MTS/WATS company’s number of intrastate MTS/WATS billed minutes
for a given monthly report due on or before the first of the month shall be the same provided to
the administrator of the Universal Service Fund (USF) for the USF report also due on or before
the first of that month. See USF Rule 201.02, IDAPA 31.46.02.201.02. (7-1-93)
[Adopted, G.O. 187C.]
Statutory Reference: Idaho Code §§ 61-1304, 61-1306(5).
Cross Reference: Rules 5, 102, 201, 203, 204, 205, 301, 302; 31.46.01.201.

203. TELEPHONE CORPORATIONS' MONTHLY REMITTANCES TO THE TRS
ADMINISTRATOR (Rule 203).
Unless otherwise provided by order of the Commission or written exemption of the USF
administrator or the Commission staff, on or before the first day of each month, all local
exchange companies providing local exchange service in Idaho shall remit to the TRS
administrator the funds due under the Commission’s order issued pursuant to Rule 202. Unless
otherwise provided by order of the Commission or written exemption of the USF administrator
or the Commission staff, on or before the first day of each month all MTS/WATS companies
providing intrastate MTS/WATS services shall remit to the administrator the funds due under the
Commission’s order issued pursuant to Rule 202. (7-1-93)
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
11

204. THE ADMINISTRATOR'S QUARTERLY REPORT TO THE COMMISSION (Rule
204).
On or before the fifteenth day after the close of each quarter, the administrator shall submit a
report to the Commission providing the following information: (7-1-93)

01. Administrator’s Disbursements. The administrator’s disbursements to the TRS
provider for the quarter. (7-1-93)

02. Administrator’s Fees. The administrator’s fees for the quarter. (7-1-93)

03. List of all Companies. A list of all companies remitting monies to the TRS fund
during the quarter, indicating which companies have remitted funds for their provision of local
exchange service, which companies have remitted funds for their provision of MTS/WATS
services, and which companies have remitted both. (7-1-93)

04. Total Amounts Remitted. The total amounts remitted to the TRS fund by local
exchange companies during the quarter, the total amounts remitted by MTS/WATS companies
during the quarter, and the sum of the two; (7-1-93)

05. Total Number of Local Calls. The total number of local calls handled by the TRS
provider during the quarter, the total number of intrastate and interstate calls handled by the TRS
provider during the quarter (keeping separate totals for each), and the total number of intrastate
and interstate MTS/WATS minutes billed by the TRS provider during the quarter (keeping
separate totals for each); (7-1-93)

06. Interest, Contributions and Other Income. Interest earned during the quarter,
contributions received during the quarter, and any other income for the quarter; and (7-1-93)

07. Fund Balances for the Quarter. Beginning, ending and monthly fund balances for
the quarter, together with any information that may be necessary to calculate beginning and
ending balances for the quarter. (7-1-93)
[Adopted, G.O. 187C.]
Statutory Reference: Idaho Code §§ 61-1304, 61-1306(5).
Cross Reference: Rules 5, 102, 201, 202, 203, 205, 301, 302.

205. THE ADMINISTRATOR'S ANNUAL REPORT TO THE COMMISSION (Rule 205).
01. Report of Existing Financial Conditions. On or before February 15 of each year,
the administrator shall submit a report to the Commission providing the following information:
(3-29-17)

a. A statement of the TRS fund’s income in the previous calendar year from remittances
by local exchange companies and from remittances by MTS/WATS companies, and the total,
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
12
and a statement of all other income (including interest), gifts, contributions, etc., for the calendar
year; (7-1-93)

b. Actual TRS fund balances at the end of the quarters ending in March, June, September
and December of the preceding calendar year; and (7-1-93)

c. The statewide line count for local service lines on January 1 of that year and January 1
of the previous year, and the total number of MTS/WATS minutes reported to the TRS
administrator for the year ending the previous December 31 and the year ending the December
31 before that. (3-29-17)

02. Report on Use of the TRS Program. The administrator shall also report, based upon
information to be supplied by the TRS provider, upon use of the TRS program in the previous
calendar year. The administrator’s contract with the TRS provider shall require appropriate data
collection by the TRS provider, including, but not limited to, the number of calls handled by the
provider, with breakdown showing whether the calls are local or MTS, intrastate or interstate
MTS, total intrastate and interstate MTS minutes, the hours when calls are made (e.g., from 8:00
a.m. to 5:00 p.m., from 5:00 p.m. to 11:00 p.m., from 11:00 p.m. to 8:00 a.m.), days of the week
when calls are made, and patterns of increased or decreased usage of the TRS program from
month to month for the previous calendar year. The TRS provider shall provide this information
by month to the TRS administrator on dates to be specified by the administrator. (7-1-93)

03. Recommendation. The administrator shall report the TRS fund’s expected surplus or
deficit for the twelve months beginning April 1 based upon the assumption that the TRS funding
levels will not change. The administrator shall also report whether this surplus or deficit will
alter the expected fund balance during the twelve (12) months beginning April 1 following the
report significantly enough to recommend that TRS funding levels be increased or decreased. If
the administrator believes that the TRS funding levels should be increased or decreased, the
administrator shall recommend a target balance for the TRS fund for the end of the twelve (12)
months beginning April 1 following this report and the amount by which TRS fund remittances
should be increased or decreased beginning April 1 to meet this target. (7-1-93)

04. Review by Commission Staff. On or before March 1 the Commission Staff shall
review the calculations and recommendations of the administrator and call any errors or
omissions to the attention of the administrator and the Commission. (7-1-93)

05. Report a Public Record--Workpapers Exempted Trade Secrets. The report of the
administrator showing statewide totals for local service and MTS/WATS minutes, inventories of
service lines, and other information not identifying a telephone corporation or a customer is a
public record available for inspection, examination and copying under Section 74-102, Idaho
Code. Workpapers accompanying the report (including those produced by the USF
administrator) showing individual telephone corporation’s data for Title 62 services and
individual telephone corporation’s reports to the TRS or USF administrators showing data for
TELECOMMUNICATION RELAY SERVICES IDAPA 31.46.02
13
their Title 62 services, together with any data for Title 61 services protected from disclosure
under applicable Trade Secret Law, are trade secrets exempt from disclosure under Section 74-
107, Idaho Code. (7-1-93)
[Adopted, G.O. 187C.]
Statutory Reference: Idaho Code §§ 74-102, 74-107; 61-1304, 61-1306(5).
Cross Reference: Rules 5, 102, 201, 202, 203, 204, 301, 302.

206. -- 300. (RESERVED).

RULES 301 THROUGH 400 –
PARTICIPATION IN THE TRS PROGRAM

301. PARTICIPATION IN PROGRAM (Rule 301).
All telephone corporations providing local exchange service within the state of Idaho and all
telephone corporations providing intrastate message telecommunications service (MTS) within
the state of Idaho, including those otherwise exempt from the jurisdiction of the Commission
pursuant to Section 61-104, Idaho Code, and those providing local exchange service or
MTS/WATS pursuant to the Telecommunications Act of 1988, Sections 62-601 et seq., Idaho
Code, are required to participate in the TRS program and to contribute to the TRS fund under
these rules, except as provided by Rules 203 and 302. (7-1-93)
[Adopted, G.O. 187C.]
Statutory Reference: Idaho Code §§ 61-104; 62-601.
Cross Reference: Rules 5, 101, 201, 202, 203, 204, 205, 302.

302. EXEMPTION FROM TRS PARTICIPATION AND FUNDING (Rule 302).
The Commission may permit a telephone corporation that provides local exchange service in
Idaho or intrastate MTS/WATS service in Idaho to provide TRS to its customers through a TRS
provider other than the provider selected by the Commission and may waive the telephone
corporation’s obligation to participate in the program and to fund the program if the Commission
finds, upon application by the telephone corporation, that: (7-1-93)

01. ADA. The telephone corporation will meet its obligation to its Idaho customers in
accordance with the standards set forth in the Americans with Disabilities Act. (7-1-93)

02. TRS Program. The operation or provision of TRS under the program approved by
the Commission will not be substantially impaired if that telephone corporation does not
participate in or fund the TRS program. (7-1-93)
[Adopted, G.O. 187C.]
Statutory Reference: Idaho Code § 61-1305.
Cross Reference: Rules 5, 101, 201, 202, 203, 204, 205, 301.

303. -- 999. (RESERVED).