Page:United States Statutes at Large Volume 110 Part 1.djvu/99

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PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 75 Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). "(B) HEALTH CARE PROVIDER.— The term 'health care provider' means— "(i) post-secondary educational institutions offering health care instruction, teaching hospitals, and medical schools; "(ii) community health centers or health centers providing health care to migrants; "(iii) local health departments or agencies; "(iv) community mental health centers; "(v) not-for-profit hospitals; " (vi) rural health clinics; and "(vii) consortia of health care providers consisting of one or more entities described in clauses (i) through (vi). " (C) PUBLIC INSTITUTIONAL TELECOMMUNICATIONS USER.—The term 'public institutional telecommunications user' means an elementary or secondary school, a library, or a health care provider as those terms are defined in this paragraph. "(i) CONSUMER PROTECTION.—The Commission and the States should ensure that universal service is available at rates that are just, reasonable, and affordable. "(j) LIFELINE ASSISTANCE. — Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program provided for by the Commission under regulations set forth in section 69.117 of title 47, Code of Federal Regulations, and other related sections of such title. "(k) SUBSIDY OF COMPETITIVE SERVICES PROHIBITED.—A telecommunications carrier may not use services that are not competitive to subsidize services that are subject to competition. The Commission, with respect to interstate services, and the States, with respect to intrastate services, shall establish any necessary cost allocation rules, accounting safeguards, and guidelines to ensure that services included in the definition of universal service bear no more than a reasonable share of the joint and common costs of facilities used to provide those services. "SEC. 255. ACCESS BY PERSONS WITH DISABILITIES. 47 USC 255. "(a) DEFINITIONS.—As used in this section— "(1) DISABILITY.— The term 'disability' has the meaning given to it by section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)). "(2) READILY ACHIEVABLE.—The term 'readily achievable' has the meaning given to it by section 301(9) of that Act (42 U.S.C. 12181(9)). "(b) MANUFACTURING. —^A manufacturer of telecommunications equipment or customer premises equipment shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. "(c) TELECOMMUNICATIONS SERVICES. —^A provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. "(d) COMPATIBILITY.— Whenever the requirements of subsections (b) and (c) are not readily achievable, such a manufacturer or provider shall ensure that the equipment or service is compatible