Edward R. Arevalo - Page 21

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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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