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operation, means ‘to put or keep in operation,’ ‘to control or
direct the functioning of,’ ‘to conduct the affairs of; manage,’”
(citations omitted)). For the reasons discussed above, we
concluded that petitioner did not own the pay phones in which he
invested and had no involvement in their operation. Thus,
petitioner did not own, lease, lease to, or operate anything as a
result of his investment in the pay phones and was never under
any obligation to comply with the requirements of ADA title III
during 2001. We reach this conclusion without deciding whether
pay phones constitute public accommodations within the meaning
given that term by the ADA.
ADA title IV requires common carriers providing telephone
voice transmission services to provide “telecommunications relay
services” throughout the area in which they offer service. 47
U.S.C. sec. 225(c). Telecommunications relay services are
defined as telephone transmission services that provide the
ability for an individual who has a hearing impairment or speech
impairment to engage in communication by wire or radio with a
hearing individual in a manner that is functionally equivalent to
the ability of an individual who does not have a hearing
impairment or speech impairment to communicate using voice
communication services by wire or radio. 47 U.S.C. sec.
225(a)(3). For purposes of ADA title IV, a common carrier is any
person engaged as a common carrier for hire, in intrastate or
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