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163.525 Telecommunications Access Program -- Distribution of specialized
telecommunications equipment -- Authority for administrative
regulations.
(1)
(2)
(3)
As used in this section and KRS 163.527:
(a) "Specialized telecommunications equipment" means devices such as, but
not limited to, telecommunications devices for the deaf, amplified phones,
loud ringers, visual alert signalers, tactile signalers, captioned telephones,
and appropriate wireless devices; and
(b) "Telecommunications Access Program" means the program to furnish
specialized telecommunications equipment to deaf, hard-of-hearing, and
speech-impaired persons in order that they may have equal access to
telecommunications services through the telecommunications relay
service established pursuant to KRS 278.548. The program shall include
maintenance and repair of the equipment.
(a) On or before July 1, 1995, the Commission on the Deaf and Hard of
Hearing shall establish a program to distribute specialized
telecommunications equipment to any deaf, hard-of-hearing, or
speech-impaired person qualified to receive the equipment pursuant to
subsection (3) of this section.
(b) Prior to the establishment of the Telecommunications Access Program,
the Commission on the Deaf and Hard of Hearing shall initiate an
investigation, conduct public hearings, and solicit the advice and counsel
of deaf, hard-of-hearing, and speech-impaired persons and the
organizations serving them.
(c) The Commission on the Deaf and Hard of Hearing may contract with any
person, public, or private organization to provide part or all components of
the Telecommunications Access Program, if applicable statutory
procurement provisions are followed. The Commission on the Deaf and
Hard of Hearing may use assistance from public agencies of the state or
federal government or from private organizations to accomplish the
purposes of this section. The Kentucky Commission on the Deaf and
Hard of Hearing shall enter into memoranda of agreement with the Public
Service Commission for coordination and oversight of funding and
operations to meet the objectives of this section and KRS 278.5499. The
Commission on the Deaf and Hard of Hearing may also enter into
memoranda of agreement with other state agencies to accomplish the
purposes of this section.
Factors to determine a person's eligibility to receive specialized
telecommunications equipment shall include, but not be limited to:
(a) Kentucky residency;
(b) Attainment of at least five (5) years of age; and
(c) Certification as deaf, hard of hearing, or severely speech-impaired by a
licensed physician, audiologist, speech pathologist, advanced practice
registered nurse, or by any other method recognized by the Commission
on the Deaf and Hard of Hearing. Certification implies that the individual
cannot use the telephone for communication without adaptive equipment.
(4)
(5)
No more than one (1) piece of specialized telecommunications equipment shall
be provided to a person qualified to receive the equipment pursuant to
subsection (3) of this section. However, a malfunctioning piece of specialized
telecommunications equipment originally distributed by the program may be
returned for repair or replacement. The Commission on the Deaf and Hard of
Hearing may prioritize distribution of the specialized telecommunications
equipment on the basis of need.
The Commission on the Deaf and Hard of Hearing shall establish procedures
for application and distribution of specialized telecommunications equipment by
the promulgation of administrative regulations in accordance with provisions of
KRS Chapter 13A.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 70, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 23, sec. 1, effective July 1, 2006. -- Created 1994
Ky. Acts ch. 237, sec. 5, effective July 15, 1994.
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