§ 8-1-2.8-12 — Adjustment of surcharge

Indiana § 8-1-2.8-12

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.8: Dual Party Relay Services for Persons Who Are Deaf,

Text

(a) The InTRAC may periodically apply to
the commission for an adjustment in the amount of the monthly
surcharge that a LEC must impose on its customers under this chapter.
Before applying to the commission for such an adjustment, the
InTRAC must do the following:
(1) Employ an independent accounting firm to review its
surcharge determinations and to review and audit those accounts
of the InTRAC and its members relevant to the surcharge.
(2) File with the commission in connection with its application a
copy of the report prepared by the accounting firm under
subdivision (1).
(b) When the InTRAC applies for an adjustment under this section,
the commission may perform audits and tests to verify the calculation
of the adjustment. However, the sole purpose of audits and tests by the
commission must be to assure that the revenue produced by the
surcharge is sufficient to cover the costs incurred by the InTRAC in
providing services that meet the requirements imposed on telephone
companies by the ADA. The costs incurred by the InTRAC include the
following:
(1) Costs for the development, continued operation and
improvement of dual party relay services that may include in
appropriate circumstances in the sole discretion of the InTRAC
providing telecommunications devices to deaf, hard of hearing,
and speech impaired persons.
(2) The administrative costs of the InTRAC.
(3) The amount of reasonable reserves necessary to meet future
costs.
(4) The amounts paid by the InTRAC to each LEC to compensate
the LEC for collection, inquiry, and other administrative services
it provides for the surcharges.
(5) The amounts paid by the InTRAC to each LEC to compensate
the LEC for the necessary costs incurred by the LEC in
facilitating inter-connection with and effecting use of the dual
party relay service for their respective customers.
(c) It is the intent and purpose of this section that the InTRAC shall
have available to it at all times sufficient funding to develop, provide
for, and maintain dual party relay services that meet or exceed the
requirements imposed by the ADA.

Legislative History

As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.3; P.L.109-2012, SEC.7.