Telephone Disability Access

C.R.S. tit. 40, art. 17

in effect

C.R.S. § 40-17-101 Legislative declaration

40-17-101. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that many of Colorado's residents are unable to utilize telecommunications facilities without assistance and are therefore telephone users with disabilities. Telephone users with disabilities include people who are deaf, hard of hearing, speech-impaired, deaf-blind, blind and visually impaired, and those with central nervous system disabilities. Telephone users with disabilities constitute a substantial and valuable resource within the United States and the state of Colorado, and this segment of our population needs access to telecommunications facilities in order to be contributing and productive members of our society. The role of telecommunications in our world today is inestimable. Telecommunications is the primary vehicle of commerce and industry, the means to convey and receive information and knowledge, and is one of the ways we communicate with others on a personal as well as business level. Telecommunications results in greater independence and self-sufficiency by expanding the channels for employment opportunities, the market for goods and services, human contact, and fellowship. Telephone users with disabilities should have equal access to this critical tool, not only for their own sake, but for the benefit of society at large. The ability to use telecommunications will enhance the business and personal lives of telephone users with disabilities while stimulating and promoting economic development in Colorado. The general assembly recognizes the vitality and potential of Colorado's individuals with disabilities, including telephone users with disabilities. Telecommunications is vital to our society, and supporting its availability to telephone users with disabilities is a beneficial investment for all of Colorado. (2) The general assembly therefore concludes that it is appropriate to provide access to telecommunications for telephone users with disabilities by establishing telecommunications relay services that replace and expand the dual party relay system required pursuant to this article as the article existed prior to July 1, 1992.

C.R.S. § 40-17-102 Definitions

40-17-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Commission" means the public utilities commission of the state of Colorado. (2) Repealed. (3) "Telecommunications relay services" means any telecommunications transmission services that allow a person who has a hearing or speech disability to communicate by wire or radio in a manner that is functionally equivalent to the ability of a person who does not have a hearing or speech disability. Such term includes any service that enables two-way communication between a person who uses a telecommunications device or other nonvoice terminal device and a person who does not use such a device. (4) "Telephone access line" means each voice grade channel or its equivalent assigned to a residential or commercial end user customer by a voice service provider, regardless of the technology used to provide the service. (5) "Voice service provider"means a company that provides telephone access lines to members of the general public who are its customers for voice service.

C.R.S. § 40-17-103 Commission - powers and duties - rules

40-17-103. Commission - powers and duties - rules. (1) The commission shall administer and contract for telecommunications relay services. (2) The commission shall adopt rules for the implementation of this article. The rules shall: (a) Conform with section 401 of the federal "Americans with Disabilities Act of 1990", 47 U.S.C. sec. 225, including provision for state application to the federal communications commission for certification; (b) Be consistent with the commission's quality of service rules; (c) Require that providers relay communicated messages promptly and accurately, maintain the privacy of persons who receive telecommunications relay services, and preserve confidentiality of all parties in connection with relayed messages; (d) Specify the types of calls that are included as telecommunications relay services, specifically requiring that the costs of any long-distance service or any other service that is not a basic local exchange service be borne by the telephone user with disabilities. (3) The commission shall, through the promulgation of rules, develop and implement a mechanism to recover its costs and the cost to voice service providers in implementing and administering telecommunications relay services required by this article 17. The mechanism must, at a minimum, provide for the following: (a) (I) The assessment of a monthly surcharge not to exceed fifteen cents on each telephone access line, whereby each voice grade channel of a multiline voice communications service that is capable of simultaneous outbound calling constitutes a separate telephone access line; however, the number of telephone access lines for which a customer may be assessed a monthly surcharge cannot exceed the number of outbound voice calls that the voice service provider has enabled and activated to be made simultaneously. (II) The monthly surcharge may be adjusted by the commission in accordance with paragraph (d) of this subsection (3). (III) Without exceeding the maximum monthly surcharge set forth in subsection (3)(a)(I) of this section, the monthly surcharge must be an amount sufficient to: (A) Reimburse the commission for its costs in developing, implementing, and administering telecommunications relay services; (B) Reimburse voice service providers for their administrative costs in imposing and collecting the surcharge; (C) Cover the costs of providers in rendering the service; (D) Pursuant to section 40-17-104, cover annual appropriations to the reading services for the blind cash fund and the Colorado commission for the deaf, hard of hearing, and deafblind cash fund; (E) Reimburse the department of revenue for its administrative costs in collecting prepaid wireless TRS charges on prepaid wireless phones pursuant to section 29-11-102.7; (F) Provide support for library services as authorized by section 24-90-105 (1)(e); and (G) Provide support for auxiliary services in rural areas as authorized by section 26-21-106 (9). (b) A requirement that the monthly surcharge be imposed upon and collected from each individual telephone access line provided by a voice service provider; (b.5) With respect to prepaid wireless service, a requirement that a seller collect a prepaid wireless TRS charge from a consumer, as those terms are defined in section 29-11-102.7, C.R.S., and remit the charge to the department of revenue, which shall transmit the money to the state treasurer for deposit into the Colorado telephone users with disabilities fund created in section 40-17-104 (1); (c) A requirement that the surcharge be listed or included as a separate item that appears on each customer's monthly billing statement; (d) An annual adjustment to the surcharge by the commission when necessary to accurately reflect a change in the cost of providing telecommunications relay services; osit into the Colorado telephone users with disabilities fund created in section 40-17-104 (1); (c) A requirement that the surcharge be listed or included as a separate item that appears on each customer's monthly billing statement; (d) An annual adjustment to the surcharge by the commission when necessary to accurately reflect a change in the cost of providing telecommunications relay services; (e) The authority of a voice service provider to deduct and retain as reimbursement for its administrative costs an amount not to exceed three-quarters of one percent of the amount of total monthly surcharges collected by a voice service provider. In addition, the mechanism must include a requirement that any remaining amount of money be transmitted to the state treasurer, who shall credit the money to the Colorado telephone users with disabilities fund created by section 40-17-104. (f) A requirement that each voice service provider maintain a record of the monthly surcharge imposed on each customer and collected by the voice service provider. The record of any monthly surcharge imposed and collected shall be maintained for three years from the date of billing. The commission may require an audit of a voice service provider's records, which audit must be at the commission's expense. (g) The surcharge imposed by this section shall not be imposed on the provider or the consumer with respect to federally supported lifeline service. (4) Repealed.

C.R.S. § 40-17-104 Colorado telephone users with disabilities fund - creation - purpose

40-17-104. Colorado telephone users with disabilities fund - creation - purpose. (1) (a) Except as otherwise authorized to be retained by section 40-17-103 (3)(e), all money collected by the voice service providers in accordance with section 40-17-103 shall be transmitted to the state treasurer, who shall credit the money to the Colorado telephone users with disabilities fund, which fund is hereby created and is referred to in this article 17 as the "fund". (b) The general assembly shall make annual appropriations out of the fund: (I) For the administration of the fund; (II) To the reading services for the blind cash fund, created in section 24-90-105.5 (5), for use by the state librarian in support of privately operated reading services for people who are blind; (III) To provide support for library services as authorized by section 24-90-105 (1)(e); and (IV) To provide support for the family and community intervener program established in section 26-21-106 (8.5). (c) The money in the fund not used for administration of the fund, the reading services for the blind cash fund, the Colorado commission for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107, and library services as authorized by section 24-90-105 (1)(e) is hereby continuously appropriated to the public utilities commission for the reimbursement of providers who render telecommunications services authorized by this article 17. (2) and (3) Repealed. (4) (a) Notwithstanding any provision of subsection (1) of this section to the contrary, the general assembly shall make annual appropriations from the Colorado telephone users with disabilities fund to the Colorado commission for the deaf, hard of hearing, and deafblind cash fund, created in section 26-21-107. (b) to (d) Repealed. (5) and (6) (Deleted by amendment, L. 2006, p. 1170, § 1, effective May 25, 2006.)

C.R.S. § 40-17-105 Effect of article on method of regulation

40-17-105. Effect of article on method of regulation. (1) Nothing in this article: (a) Affects the method of regulation of providers of telecommunications or voice-over-internet-protocol service by the commission, as set forth in article 15 of this title; or (b) Grants to the commission any ability to assert jurisdiction regarding any telecommunications or voice-over-internet-protocol service provider for any purpose other than the purposes specifically described in this article.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-40.docxFetched: 10/6/2026