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February 2008 Technology and Disability Highlights

Volume: 8.02 February 2008

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Contents:

Overview

In this issue, an update is provided on the American with Disabilities Act Restoration Act of 2007 [S. 1881/ H.R. 3195] on which the House Committee on Education and Labor held a hearing late in January. There is also a special feature on the disability platforms of the Presidential candidates.

Legislative action this month included the passing, in the House, of the College Opportunity and Affordability Act of 2008 [H.R. 4137] in the House. H.R. 4137 reauthorizes and amends the Higher Education Act of 1965 to take into account the needs of students with disabilities by training educators in universally designed pedagogy and the use of technology and assistive devices to more fully engage students with disabilities. Expressing support for the designation of March 7 as National Information and Referral (I&R) Services Day [H.R. 935] was introduced in an effort to raise awareness of I&R services among professionals, organizations and the community at large. I&R services have long been a resource in the aging and disability community helping businesses and individuals alike connect with services, information and technology.

On the regulatory front, the Federal Communications Commission (FCC) released the First Report and Order In the Matter of Amendment of the Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets [WT Docket No. 07-250] amending the rules to improve accessibility and availability of a variety of handset models to people who are Deaf and hard of hearing. In keeping with improved access, the FCC also revised its complaint form for disability access. Revisions included adding the accessibility of emergency information as well as the accessibility of telecommunications equipment and services such as the compatibility of hearing aids with both wireless and wireline telephone equipment. In an unrelated item, a webcast (open-captioned) of the Digital Television (DTV) Consumer Education Workshop focusing on Consumers with Disabilities is available in the FCC’s website archives.

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Special Feature - Disability Policy Platforms of the Presidential Candidates

Editorial disclaimer: the following article on potential presidential candidates provides a summary of the candidates positions or related activities of interest to the disability community, based on publicly available material. It is intended to serve only as an informational piece and not intended to advocate for, or to endorse any particular candidate. The article does not represent the opinions of Wireless RERC, NIDRR, or the U.S. Department of Education.

Senator Hillary Clinton

Senator Hillary Clinton’s (D) campaign platform and website does not list disability as a major issue, but most of her website videos are closed captioned. She has a disability plan which presents her employment policy. She mentions re-establishing “Executive Order 13163 to hire 100,000 qualified employees with disabilities to federal employment over five years.” The rest of her disability policy is contained in her healthcare plans. Clinton supports net neutrality, but voted for the Internet Access Tax Bill, which permits taxation on Voice Over Internet Protocol (VoIP) service. Sen. Clinton supports the ADA Restoration Act of 2007, and the Individuals with Disabilities Education Improvement Act. She, along with Sen. John McCain, participated in the AAPD-sponsored Independent Living Candidates' Forum in New Hampshire.

[Sources: AAPD, Campaign website, Thomas]

Additional Information

 

Senator John McCain

Senator John McCain (R) voted in support of the Americans with Disabilities Act in 1990 and served on the Board of Trustees at Gallaudet University, the only four-year liberal arts university for the Deaf. He recently participated in the American Association for People with Disabilities’ National Forum on Equality, Opportunity, and Access in New Hampshire. His website does not list disability as an issue, and his online videos are not closed captioned. He voted against the Telecommunications Bill [S.652], which provided more accessibility for the Deaf with stronger FCC regulations on closed captions and Relay services. He supports the ADA Restoration Act of 2007 and voted for the Individuals with Disabilities Education Improvement Act. John McCain cosponsored a measure to allow disabled veterans to be enrolled in the Federal Employees Health Benefits Program, and led an effort to establish a Blind Rehabilitation Center in Tucson, Arizona to help the 1,200 vets on waiting lists for rehab services for the blind. McCain supported H.R. 914/S. 872 the ADA Notification Act, introduced in 2005, which supported a 90-day delay between notification of an alleged accessibility violation and any legal proceedings. This notification would have allowed business owners to become ADA compliant without added legal expense within the allotted time period. The bill never became law.

[Sources: AAPD, Johnmccain.com, On the Issues]

Additional Information

Senator Barack Obama

Senator Barack Obama’s (D) campaign platform and website lists disability as an issue, and his website videos are all closed captioned. He has a four-point disability plan which covers education, discrimination, employment, and independent living, and there are webpages devoted to providing broadband Internet service to all Americans and his support of net neutrality. Sen. Obama supports S. 321, the Fostering Independence Through Technology Act of 2007, which “would establish pilot projects under the Medicare program to provide incentives for home health agencies to utilize home monitoring and communications technologies.” Sen. Obama supports the ADA Restoration Act of 2007, and the Individuals with Disabilities Education Improvement Act.

[Sources: Campaign website, Thomas, AAPD]

Additional Information

Legislative / Policy Activities

ADA Restoration Act Update

January 29, 2008 - The House Committee on Education and Labor held a hearing on H.R. 3915, the “ADA Restoration Act of 2007,” where individual advocates, organizations, and academic experts testified.  Several Supreme Court decisions (Sutton v. United Airlines, Inc., 527 U.S. 471; Murphy v. United Parcel Service, Inc., 527 U.S. 516; Albertson's, Inc. v. Kirkingburg, 527 U.S. 555; Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184) exclude certain types of disabilities from ADA protections in the workplace. Supreme court decisions have altered the definition of “disability” and left epilepsy, depression, diabetes, cancer, multiple sclerosis, hearing loss, and other conditions outside of the ADA’s protections. The current Act attempts to rectify past judicial decisions, including issues focusing on assistive technology.  People who use AT devices and other mitigating measures (such as medication) are not considered disabled, as long as they are considered to have a “fully functioning life.” 

[Sources: House Committee on Education and Labor, NCD, NCIL]

Additional Information

Higher Education Act Amendments Benefit Students with Disabilities

February 7, 2008 – The College Opportunity and Affordability Act of 2008 [H.R. 4137] was passed in the house early this month with a roll call vote of 214 to 190.  H.R. 4137 reauthorizes and amends the Higher Education Act of 1965, and includes provisions to foster the inclusion of students with disabilities in higher education, including the development of a program that provides for the training of educators on effective teaching methods for students with disabilities.  Required activities for grant funds under this program include the use of technology and assistive technology for students with disabilities, as well as universal design for learning.  On February 25, 2008 H.R. 4137 was received in the Senate and referred to the Committee on Health, Education, Labor and Pension. 

[Source:  H.R. 4137]

Additional Information

National Information and Referral Services Day

February 13, 2008 – Representative Lee Terry (R-NE) introduced in the House H. Res. 985:  Expressing support for the designation of March 7 as National Information and Referral (I&R) Services Day.  The proposed legislation acknowledges I&R services as the cornerstone for the entire human services construct and dissemination system as evidenced in its appearance in Federal legislation dating back to the 1973 reauthorization of the Older Americans Act of 1965 and the ensuing establishment of the Aging and Disability Resource Center.  It further notes that I&R services provide individuals with the knowledge, information and resources needed to make better and less costly decisions, reducing “confusion, frustration and inaccessibility to services.”  If passed, the legislation would designate March 7th as the day to launch public awareness campaigns and engage in activities that highlight I&R services as a part of daily life, including emergency preparedness, not only for individuals, but for businesses and organizations that have benefited from professional standards and credentialing programs provided through I&R.

[Source:  H. Res. 985]

Additional Information

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Regulatory Activities

Digital Television (DTV) Consumer Education Workshop Focuses on People with Disabilities

February 28, 2008 – The FCC hosted a workshop on the DTV transition that addressed challenges related to informing consumers with disabilities and strategies regarding consumer education activities.  The program opened with digital-to-analog converter box demonstrations and, later, moved to approaches on how to communicate with and support people with disabilities in the transition.  Catherine W. Seidel, the FCC’s Consumer & Governmental Affairs Bureau Chief, moderated several participants in a roundtable discussion, including Eric Bridges (American Council of the Blind), Joan Durocher (NCD), Larry Goldberg (National Center for Accessible Media), and Claude Stout (Telecommunications for the Deaf and Hard of Hearing, Inc.), among others. 

[Source:  FCC]

Additional Information

Hearing Aid Compatibility Rules Modified

February 28, 2008 – The FCC released the First Report and Order In the Matter of Amendment of the Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets [WT Docket No. 07-250] amending the rules to improve accessibility and availability of hearing aid compatible wireless handsets.  Changes include, but are not limited to, requiring handset manufacturers to reduce radio frequency (RF) interference on one-third of handset models being offered, requiring wireless service providers to meet the same standard on a minimum of eight handset models in 2008, ten models by 2010, or fifty percent of handset offerings to consumers.  By 2011 handset manufacturers and service providers are required to increase the number of models they offer that meet inductive coupling standards.  Additionally, the Order mandates both manufacturers and service providers to reissue or “refresh” a percentage of their HAC handset models each year, that offer a range of functionality in an effort to keep an array of  models available for people who are Deaf or hard of hearing to choose. 

[Source:  FCC]

Additional Information

New Way to File FCC Complaints

February 8, 2008 - The FCC recently revised its complaint form for disability access.  Problems regarding Telecommunications Relay Service, closed captioning, and the accessibility of emergency information as well as the accessibility of telecommunications equipment and services such as the compatibility of hearing aids with both wireless and wireline telephone equipment can all be handled with the new bilingual Form 2000C.  However, if complaints only involve closed captioning issues, the station or video programming distributor should be contacted in the first instance.
[Sources:  FCC ]

Additional Information

Section 508 and Section 255 Matters (U.S. Access Board)

February 25, 2008- The U.S. Access Board's Telecommunications and Electronic and Information Technology Advisory Committee ( TEITAC) held a conference call to discuss pending amendments to Section 508 and Section of the Telecommunications Act.  The committee will report to the Board on April 3, 2008, recommending updates to Section 508 standards and its guidelines for products covered by Section 255.  The report will lay the groundwork for proposed revisions of the original Section 508 standards. 
[Source:  United States Access Board]

Additional Information

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Studies / Reports

Congressional Manual

February 1, 2008 - Sen. Michael Enzi’s (R-WY) office recently published a guide for members of the U.S. Congress.  Entitled “Guidelines for Assisting Those with Accessibility Needs,” the 25-page report is a concise handbook on everything congressional staff must know to assure full access for people with disabilities.  Though focused on Washington, D.C., and specifically Capitol Hill, the manual is a good prototype for similar manuals that could be used in other venues.
[Source:  Office of Senator Michael Enzi]

Additional Information:

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Other Items of Interest

2008 Emergency Alert System (EAS) Summit

February 24, 2008 – The National Association of State Broadcasters held its fourth annual EAS Summit in Washington, DC.  The summit opened on Sunday with a session where FCC representatives outlined ideas on what elements were needed in State EAS plans.  All State EAS plans must include provisions on how Common Alerting Protocol (CAP) messages will be distributed to EAS participants in the state.  The significance of the utilization of CAP for people with disabilities is that it allows for digital emergency alerts to be sent in multiple formats (visual and audio) to multiple devices, including cell phones and personal digital assistants (PDAs).  On Monday, the multilingual/disability session stressed providing alerts in many languages.  Currently, broadcasters provide alerts in the language of their programming.  However, proponents of multilingual EAS alerts argued that the current method of distribution does not reach the multitude of non-English speaking people in America because there are too few multilingual stations.  The Wireless Emergency Communications (WEC) project of the Wireless RERC filed comments with the FCC in the matter of the Commercial Mobile Alert System recommending that the FCC solicit potential solutions regarding the technical application of multi-language alerts in an expedited process.  The Federal Emergency Management Agency (FEMA) is organizing staff to handle national warning which will take multilingual alerts, disability access and training for the origination of alerts into consideration.
[Source:  Frank Lucia, Correspondent]

Call for Proposals - Technology in the Works

February 1, 2008 - The deadline, April 2, 2008, is fast approaching for the 2008 National Center for Technology Innovation’s (NCTI) Technology in the Works call for proposals.  The purpose of the program is to fund research that advances the development of assistive and learning technologies that can improve the rate of successful educational outcomes for students with disabilities.  To qualify, the research must be done in collaboration with a vendor, in order to quickly turnaround a usable technology with wide market appeal.  Award announcements will be made in May 2008. 
[Source:  NCTI]

Additional Information:

New Resources for People with Disabilities

February 1, 2008 - There have been several technological innovations to enter the market in the past month for people with disabilities. 

  • AOL Instant Messaging (AIM) has added a feature showing each character as soon as it is typed, which is more in line with TTYs. 
    [Source:  AOL Newsroom article]
  • Verizon's Center for Customers with Disabilities recently added videophone service so that sign language users can communicate directly with service representatives. 
    [Source:  Verizon Center for Disabilities]
  • A new company, Disaboom, Inc. connects people with disabilities to resources and to one another.  Its website addresses more than issues of medication and devices, it also connects people with disabilities to online community groups, various solutions for day-to-day living, and it brings the market to users and vice versa. 
    [Source:  Disaboom, Inc.]
  • The Access Technology Team at the National Federation of the Blind's Jernigan Institute has started an online weblog as a means of sharing adaptive technology information and news on the current state of low vision technology. 
    [Source:  Access Technology Blog] 
  • A new listserv called Blind Phones has been created to help ensure that blind users of cellular mobile phone handsets are kept up to date with the latest developments on mobile devices.  New handset announcements and compatibility with access software, new product releases, and other technological developments will be updated regularly. 
    [Source:  Blind Phones]
  • Nokia has released new cell phone software that creates text-to-speech ability on certain phones.
    [Source: Nokia]

Peer Review Competition

February 27, 2008 – The National Institute on Disability and Rehabilitation Research ( NIDRR) within the U.S. Department of Education is searching for candidates to participate in a peer review competition being held via teleconference and computer on May 5-7, 2008.  The panel will be reviewing applications for a Rehabilitation Engineering Research Center (RERC) on Hearing Enhancement.  The Hearing Enhancement RERC proposal requirements can be found in the February 2, 2008 Federal Register, search term “Hearing Enhancement” or “Priority 15.”  If you are interested in sitting on the peer review panel send a copy of your CV, contact information and description of your areas of expertise to [bonnie.gracer@ed.gov] as soon as possible.
[Source:  NIDRR]

Additional Information

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Wireless RERC Updates

Comments Filed Impact Hearing Aid Compatibility Rulemaking

In the First Report and Order In the Matter of Amendment of the Commission’s Rules Governing Hearing Aid-Compatible Mobile Handsets [WT Docket No. 07-250] released late in February comments filed by the Wireless RERC are referred to in the rulemaking.  Specifically, paragraph 76 reads “given the surveys and studies submitted by Wireless RERC, and the comments of HIA, we encourage manufacturers and service providers, including new entrants, to develop and deploy wireless phones that meet M4 and T4 standards in order to give greater options to consumers with hearing loss.  In our 2010 review, we will look closely at the extent to which these handsets are commercially available, whether achieving these standards is technically feasible for all interfaces and frequency bands, and the degree to which hearing aid technologies may have improved so as to make achieving such standards unnecessary.”  Comments filed utilized data gathered by the Wireless RERC’s Survey of User Needs (SUN) with input from engineers and policy analysts. 

NPR (WABE Atlanta) Reports on Survey of User Needs (SUN)

RERC Project Director, Jim Mueller, was interviewed by Atlanta's NPR station, WABE 90.1 regarding the results of the RERC's Survey of User Needs.  The interview aired, February 21, 2008, on WABE's newscast during the program "All Things Considered."   A link to the podcast will be posted as soon as it is available from WABE. 

Additional Information:

Survey of User Needs Press

In addition to the above mentioned interview, SUN data was featured in several news articles in February.  Below is a list with links to the articles:

SUN data was highlighted in two subscription-based online news services.  One titled We Like Our Cell Phones, And Want More Features, by David Reynolds.  The other titled, Research Indicates Wireless Phone Accessibility Needs Improvement, published in the American Association of People with Disabilities, Justice For All newsletter.

Wireless Emergency Communications Field Test Yields Early Success

In testing of a new prototype system conducted earlier this month, the Wireless Emergency Communications (WEC) project found that 94 percent of blind and visually impaired test subjects preferred its system to transmit emergency alerts and warnings using wireless devices.  This is a significant improvement over how they currently receive emergency alerts.
This first field test involved participants from the Georgia Radio Reading Service in a full-day study to gauge the effectiveness and accessibility of the prototype emergency alerting system. Subjects ranged from sight enhanced individuals to those that are fully blind.  Additionally, the test subjects’ level of familiarity and use of wireless technologies ranged from technically savvy to infrequent users.  WEC engineers simulated the emergency alerts, employing the Common Alerting Protocol (CAP), which usually originates from the National Weather Service (NWS). The full report will be available shortly on the Wireless RERC website.

Wireless RERC Submits Comments to The FCC

Comments in the Matter of the Commercial Mobile Alert System (CMAS) [PS Docket No. 07-287] were filed by the Wireless RERC early in February.  The comments addressed recommendations on expediting the availability of the CMAS to the American public; ways to encourage wireless carriers’ participation in CMAS; and ensuring that the elderly and people with disabilities are included in any planning for emergency alerting systems.  Specific recommendations, included, prompt deployment of standards for commercial mobile service (CMS) providers to voluntarily participate in CMAS, the provision of incentives to encourage CMS provider participation, and absent significant progress in voluntary participation, seek Congressional authority to mandate participation.  The CMAS can potentially benefit millions of people with disabilities by providing accessible emergency alerts and information. 

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Upcoming Events

International Information Communication Technology (ICT) Standards Conference

A one-day forum, sponsored by the Global Initiative for Inclusive ICTs (G3ict) and the International Telecommunication Union (ITU), will evaluate the UN Convention on the Rights of Persons with Disabilities with regard to the evolution of ICT standards.  Industry, Standards Development Organizations (SDOs), NGOs, academia, and governmental representation are all expected to attend.  Entitled "The Convention on the Rights of Persons with Disabilities: Challenges and Opportunities for ICT Standards," the forum will be held on April 21, 2008 in Geneva, Switzerland.

Additional Information

Technology and Persons with Disabilities Conference

The hundreds of sessions offered at CSUN’s Technology and Persons with Disabilities Conference represent a comprehensive variety of topics, tracks, research and products across all areas of disability and technology.  General Sessions will begin Wednesday, March 12, 2008 and run through Saturday, March 15, 2008.

Additional Information:

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For further information on items summarized in this report, or if you have items of interest that you would like included in future editions, please contact this edition’s editor, Austin Dickson, Graduate Research Assistant [Austin.dickson@cacp.gatech.edu], Salimah Major, Information Analyst [Salimah.major@cacp.gatech.edu] or Paul M.A. Baker, Ph.D., AICP, Director of Research [paul.baker@cacp.gatech.edu].

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