Title of Regulation: 20VAC5-415. Rules Governing Telecommunications Relay Service (repealing 20VAC5-415-10, 20VAC5-415-20).

Statutory Authority: § 12.1-13 of the Code of Virginia.

Effective Date: May 1, 2011.

Agency Contact: Robert Gillespie, Associate General Counsel, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9780, FAX (804) 371-9211, or email robert.gillespie@scc.virginia.gov.

Summary:

Effective January 1, 2007, the statutory authority over the collection or disbursement of funds related to the functioning of the Virginia telecommunications relay service was transferred to other state agencies. Because of the repeal of the statutory authority and the successful transition of all telecommunications relay service operations to other agencies, the State Corporation Commission has repealed this chapter.

AT RICHMOND, APRIL 13, 2011

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUC-2010-00069

Ex Parte: In the Matter of Revoking Rules
Governing Telecommunications Relay Service,
20 VAC 5-415-10 et seq.

ORDER REPEALING RULES

Effective January 1, 2007, Virginia Code §§ 56-484.4 - 484.6 were repealed by operation of 2006 Acts of Assembly, ch. 780. Since that date, the State Corporation Commission ("Commission") has not exercised any authority over the collection or disbursement of funds related to the functioning of the Virginia telecommunications relay service. Those functions, by statute, were transferred to the Department for the Deaf and Hard-of-Hearing, the Virginia Information Technologies Agency, and the Virginia Tax Commissioner.

Because of the repeal of the statutory authority and the successful transition of all telecommunications relay service operations, the Commission issued its Order for Notice and Comment on January 4, 2011, to determine if there was a need to retain the Commission's Rules Governing Telecommunications Relay Service, 20 VAC 5-415-10, et seq.

Pursuant to that Order, the proposed revocation was published in the Virginia Register of Regulations. Interested persons were directed to file any comments regarding the proposed revocation on or before February 28, 2011. No comments were received, so there was no need for the Commission Staff to file a Response, which was permitted on or before March 18, 2011.

NOW THE COMMISSION, having considered the repeal of statutory authority, the successful transition of all telecommunications relay service funding and operations to other agencies, and the lack of comments herein, finds that there is no need to retain any portion of the Rules Governing Telecommunications Relay Service, 20 VAC 5-415-10, et seq.

Accordingly, IT IS ORDERED THAT:

(1) Effective May 1, 2011, the Commission's Rules Governing Telecommunications Relay Service, 20 VAC 5-415-10, et seq. are repealed.

(2) The Commission's Division of Information Resources shall forward a copy of this order to the Registrar of Regulations.

(3) This case is dismissed from the Commission's docket and the record developed herein shall be forwarded to the file for ended causes.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 900 East Main Street, Second Floor, Richmond, Virginia 23219; all local exchange carriers certificated in Virginia as set out in Appendix B; and a copy shall be sent to the Commission's Office of General Counsel and Division of Communications.