61-1303. ADMINISTRATOR’S CONTRACT — TRS PROVIDER’S CONTRACT — REQUIREMENTS.

(1) (a) The commission shall contract with a qualified person to administer the program in accordance with the purposes of this chapter and to secure certification of the program by the federal communications commission. The program administrator shall not be an employee or officer of the state of Idaho, but shall have the capacity to sue and be sued with reference to administration of the program, except as hereinafter provided.

(b) The administrator’s contract shall require, but shall not be limited to, the following:

(i) that the administrator consult with, and receive recommendations from, the advisory committee, or a representative thereof, appointed by the commission pursuant to section 61-1306, Idaho Code;

(ii) that the administrator post a fidelity bond in such amount as may be required by the commission;

(iii) that the administrator meet timetables necessary to secure certification of the program by the federal communications commission;

(iv) that the administrator, upon such terms as to the commission may seem reasonable, issue a request for proposals to providers of message relay services requesting responsive proposals to provide such services as may be necessary for the program;

(v) that the administrator evaluate the responsive proposals and recommend one (1) or more proposals to the commission for its review and approval;

(vi) that the administrator enter into a contract with the provider of TRS, which contract and provider have been approved by the commission;

(vii) that the administrator consult with the Idaho state council for the deaf and hard of hearing concerning program design and delivery of message relay services to communications impaired persons within the state of Idaho; and

(viii) that the administrator perform such other services concerning the program as may be deemed reasonable and necessary by the commission.

(2) In addition to such other contractual terms as may be necessary or desirable, the administrator shall require, under the terms of the contract with the provider of TRS, that:

(a) The system be available statewide for operation seven (7) days a week, twenty-four (24) hours per day, three hundred sixty-five (365) days per year, for intrastate calls;

(b) The system relay all messages promptly and accurately;

(c) The provider preserve the confidentiality of all TRS communications, including the fact and contents of the communications; and

(d) The system make available to communications impaired individuals intrastate telecommunications relay services in the state of Idaho that meet or exceed the requirements of applicable regulations of the federal communications commission and which otherwise comply with all applicable state and federal laws.

(3) Except in cases of criminal or willful misconduct, gross negligence or willful violation of the provisions of this chapter, neither the commission, the administrator, the provider of TRS, nor the providers of underlying communications services shall be liable for any claims, actions, damages, or causes of action arising out of or resulting from the establishment, participation in, or operation of TRS.

(4) The administrator may receive contributions, gifts and grants on behalf of and in aid of the program. Such contributions, gifts and grants shall be deposited in the Idaho telecommunications relay services fund established pursuant to section 61-1304, Idaho Code.

History:

[61-1303, added 1992, ch. 148, sec. 1, p. 444.]