For purposes of this chapter, the following definitions apply:

(1) "Appropriate communication device" means the communication device which most efficiently allows access to the telephone system by a person with a telephone usage disability.

(2) "Committee" means the committee on telecommunications access services, formerly known as the committee on telecommunications access services for the handicapped, established in 2-15-2212 , MCA.

(3) "Deaf" means having hearing in both ears which is impaired to the degree that the person is unable to understand speech on the telephone without the use of specialized telecommunications equipment.

(4) "Deaf-blind" means:

(a) being deaf, severely hearing impaired or hard of hearing; and

(b) being blind or visually impaired; and

(c) requiring the use of specialized telecommunications equipment to communicate effectively on the telephone.

(5) "Department" means the Department of Public Health and Human Services.

(6) "Director" means the person employed by the committee on telecommunications services to administer the Montana Telecommunications Access Program (MTAP) .

(7) "Family" means the person with a telephone usage disability and the relatives with whom the person resides as specified in (7) (a) through (7) (d) , except that if the person with a telephone usage disability is a foster child, "family" means the foster child only and does not include the persons with whom the foster child resides, whether related or unrelated to the child. Relatives of the person with a telephone usage disability included in the household when the person is not a foster child are:

(a) the spouse;

(b) the mother and/or father, if the person with a telephone usage disability is a minor child. This includes biological parents and parents by adoption and, at the option of the person with a telephone usage disability, may include stepparents;

(c) minor children. This includes biological children and children by adoption and, at the option of the person with a telephone usage disability, may include stepchildren; and

(d) minor siblings, but only if the person with a telephone usage disability is a minor. This includes half-siblings and, at the option of the person with a telephone usage disability, may include stepsiblings.

(8) "Family income" means the combined income of all members of the family of the person with the telephone usage disability.

(9) "Hard of hearing" means having a hearing loss to the extent that the person requires specialized telecommunications equipment to communicate effectively on the telephone.

(10) "Income" means income as defined in ARM 37.2.702.

(11) "Local exchange company" means a telecommunications company which provides telephone access lines or wireless service to members of the public who are its customers.

(12) "MTAP" means the Montana Telecommunications Access Program.

(13) "Mobility impaired" means having reduced function of the arms and hands, making activities related to moving, turning or pressing objects difficult or impossible. The term includes difficulty in using a wide range of telecommunications equipment.

(14) "Person with a telephone usage disability" means an individual who is deaf, deaf-blind, hard-of-hearing, speech impaired, or mobility impaired and is in need of specialized telecommunications equipment.

(15) "Program" means the Montana Telecommunications Access Program.

(16) "Provider" means a telecommunications company which provides telephone access lines or wireless service to members of the public; a local exchange company.

(17) "Specialized telecommunications equipment" means any telecommunications device which enables or assists a person with a telephone usage disability to communicate with others by means of the conventional telephone network. The term includes but is not limited to telecommunications devices, puff-blow devices, electronic artificial larynx devices, amplified handsets, telebraille and equipment for the mobility impaired.

(18) "Speech impaired" means having a speech impediment which renders speech on an ordinary telephone unclear and susceptible to misunderstanding.

(19) "Telephone access line" means the telephone exchange access line or channel or wireless service that provides the customer of a local exchange company with access to the telecommunications network to effect the transfer of information.