May 2009 Technology and Disability Policy Highlights
Volume: 9.05 May, 2009
Other Available Formats
Contents:
- Overview
- Legislative Activities
- Regulatory Activities
- Other Items of Interest
- Wireless RERC Updates
- Upcoming
Events
Overview
With the completion of the digital television (DTV) transition on June 12, 2009, this past month was notable for the final efforts to prepare the nation for the switch. In order to reach American citizens, including people with disabilities, who may not be ready for the end of analog broadcasting, the Federal Communications Commission (FCC) conducted a “soft test” that briefly simulated how unprepared households would be affected by the transition and provided information on how to receive over-the-air digital signals. Also of note in May was the FCC’s release of information on informal consumer complaints specific to people with disabilities. Separately, the Census Bureau released new and updated statistics on people with disabilities in the United States.
In other developments, the “ADA
Notification Act of 2009” was introduced in the House of
Representatives. This bill, versions of which have been
introduced in previous sessions, provides up to a 120-day period for
correcting alleged violations of the Americans with Disabilities
Act (ADA) before complainants could file suit in court. In
another important story, the American National Standards Institute
(ANSI)
released its final report on emergency preparedness for people with
disabilities. The report augments ongoing efforts to ensure that
individuals with disabilities are included in emergency planning and
communications.
Legislative Activities
ADA Notification Act” Introduced in House
05.13.2009 – Rep. Duncan Hunter (D-CA) introduced the “ADA Notification Act of 2009” [H.R. 2397] in the House of Representatives. The bill would amend Title III of the ADA, which covers public accommodations, commercial facilities, and private entities, to require individuals filing an accessibility complaint to provide a written notice to the defendant of the alleged violation. The notice would be required to contain the facts of the alleged violation, including the place and date that it occurred. After receipt of the letter, the defendant would have 90 days, as well as a possible 30-day extension, to take corrective action before the complainant could pursue any legal action.
Versions of this bill have been introduced over the past
decade. Its supporters contend that the law would reduce
unnecessary lawsuits regarding ADA compliance. However, groups
opposed to the legislation, particularly disability rights groups,
argue that such a law would impose an unfair and unusual burden on
people with disabilities for seeking remedies in enforcing a
longstanding federal law.
Additional Information:
[Sources: Library of Congress, United Cerebral Palsy]
Regulatory Activities
DTV Transition Completion Just Weeks Away, Efforts by FCC Ongoing
05.22.2009 – As the nation continues to prepare for the DTV transition, scheduled to be completed on June 12, 2009, the FCC and other federal authorities are continuing to prepare the nation and ensure that consumers, including people with disabilities, are not left behind. As part of its efforts, the FCC conducted a DTV “soft test” on May 21, 2009. Aimed at television viewers who still receive programming through analog signals, the “soft test” involved brief interruptions to the regular programming of these viewers to warn them that they not prepared for the transition. The interruptions, which lasted between two and five minutes at intervals through the day, did not affect viewers receiving programming over digital signals. The “soft tests” were designed to simulate partially what viewers would experience once the DTV transition is complete.
In response to the “soft test,” the FCC reported the following day
that it had received over 55,000 calls from consumers. Prior to
the test, the Commission’s help line had received an average of only
15,000 calls per day. The greatest percentage of calls received
by the FCC, almost 44 percent, related to the converter box coupon
program. Other pertinent issues included reception and technical
problems and converter box setup. The greatest volume of calls
originated in the Chicago media market, followed by New York and
Dallas-Ft. Worth. Nationwide, Nielsen estimated that about 3.3
million households, 2.9 percent of U.S. households with televisions,
were still unready for the transition as of May 10. In the final
weeks before the completion of the transition, the FCC will be
increasing its assistance efforts to ensure consumers are prepared for
the end of analog broadcast service for full-power television
stations.
Additional Information:
[Source: FCC]
Report on Informal Consumer Complaints by People with Disabilities Released by FCC
05.06.2009 – As part of its reporting on informal consumer complaints, the FCC’s Consumer & Governmental Affairs Bureau released information on complaints processed by the Disability Rights Office (DRO) during the fourth quarter of 2008. In particular, DRO is concerned with five categories: 1) access to telecommunications service and equipment (47 U.S.C. § 255, i.e. Section 255); 2) telecommunications relay service (TRS) (47 U.S.C. § 225); 3) closed captioning (47 C.F.R. § 79.1); 4) accessibility of video programming providing emergency information (47 C.F.R. § 79.2); and 5) hearing aid compatibility (47 U.S.C. § 610).
During the fourth quarter of 2008, DRO received 30 informal
complaints regarding Section 255; 38 complaints related to TRS
issues; 80 complaints dealing with closed captioning; four complaints
involving the accessibility of video programming providing emergency
information; and two complaints on hearing aid compatibility
issues. The FCC commonly receives informal complaints that do not
involve violations of the Communications Act or Commission
rules, nor does a complaint necessarily indicate wrongdoing by the
company at issue.
Additional Information:
[Source: FCC]
Other Items of Interest
ANSI Emergency Preparedness Report Regarding People with Disabilities
05.21.2009 – The American National Standards Institute’s (ANSI) Homeland Security Standards Panel (HSSP) recently published a Workshop Report on the need for standards-based solutions to address the needs of people with disabilities during emergencies. The report is based on the ANSI-HSSP Workshop on Emergency Preparedness for Persons with Disabilities and Special Needs, held this past February at Gallaudet University in Washington, D.C. Over 100 public and private sector participants discussed real-life examples of evacuation of people with disabilities from recent events, the strengths and weaknesses of existing standards, and priorities in creating standards for emergency preparedness.
Specifically, the report finds a need for the inclusion of the
disability community in the development of emergency/disaster
exercises, planning scenarios and response actions, and standards-based
solutions. The ANSI report also stresses a need to educate the
public about how disability affects everyone’s life, either temporarily
or permanently because of age, illness, or injury; a need to develop
standards for emergency evacuation devices; and the improvement of
post-emergency evacuation procedures and considerations for people with
disabilities. Following up on the outcomes of the conference and
report, ANSI has indicated that it will form a task group to engage the
disability community to identify and prioritize specific needs, which
include public education, enhanced federal policy, and
transportation-related issues. It will also work to develop input
to code-developing organizations and state, local, and government
agencies for use in their policy development procedures.
Additional Information:
- Press Release: ANSI-HSSP Workshop Report on Emergency Preparedness for Persons with Disabilities
-
ANSI-HSSP Final Workshop Report (PDF format, also available as ASL
video)
Census Bureau Releases Updated Statistics on People with Disabilities
05.26.2009 – In advance of the July 26 anniversary of the ratification of the ADA, the U.S. Census Bureau has released updated statistics on people with disabilities in the United States. Some of the data provided in this report comes from previous reports, such as the 2007 American Community Survey, while some of it is new. The Census Bureau finds that 41.2 million Americans has a disability, which represents 15 percent of the non-institutionalized civilian population aged five and older. Regarding specific disabilities, 1.8 million Americans over 15 years old are unable to see printed words or are blind, and 1 million Americans report not being able to hear conversations at all or deafness. Two-and-a-half (2.5) million citizens have some sort of communication impairment, with 431,000 unable to have their speech understood at all. Finally, 16.1 million Americans have some sort of cognitive impairment, or emotional or mental illness, that interferes with their daily activities.
Around 13.3 million people between 16 and 64 years old report having a
medical condition or disability that makes it difficult to find a job
or remain employed. Among Americans with disabilities between the
ages of 21 and 64, 46 percent were employed in the last year, as
compared with 84 percent among non-disabled people. Among
individuals 21 to 64 with difficulty hearing, the employment rate is 59
percent, while it is 41 percent for people with difficulty seeing.
Additional Information:
[Source: U.S. Census Bureau]NCTI Presents Findings of State-of-the-Art Assistive Technology and Training Survey
05.28.2009 – The National Center for Technology Innovation (NCTI) presented the findings from its State-of-the-Art Assistive Technology and Training survey. The survey was prompted by the observation that Individuals with Disabilities Education Act (IDEA) Part B Recovery funds could be used to obtain “state-of-the-art assistive technology devices and training.” It asked 65 key stakeholders in assistive technology research, development, implementation, and policy how they defined “state-of-the art” AT devices and training.
Regarding “state-of-the-art” devices, the highest percentage of
respondents, 31 percent, emphasized “convergence of tools/updated
technology.” Other answers, in order, included
“customizability/universal design for learning” (25%),
“portability/promotes independence” (16%), “research or evidence-based”
(15%), and “interoperability” (13%). Regarding “state-of-the-art”
training, emphasis was placed on “hands-on” (24%), “expert-led and
client-centered” (21%), “focused on implementation” (19%), “ongoing”
(15%), “via distance or online” (13%), and “adult learning and research
strategies” (8%) as key approaches.
Additional Information:
[Source: NCTI]Technology in the Works Winners for 2009 Announced, 2008 Project Showcased
05.05.2009 – NCTI also announced the winners for its 2009 Technology in the Works competition this month. This project pairs together teams of researchers and vendors to examine the impact of assistive technology on students with disabilities, while also improving educational results for all students. The $15,000 award, given to each of the four teams, emphasizes rapid research and outcomes to improve the technological needs of people with disabilities. The winners for 2009 include “Touching the Future with a Spark: How iPod Touches and Studywiz Spark Facilitate the Learning of At-Risk Students” (researchers from University of Michigan, University of Michigan-Dearborn, and vendor Etech Group North America); “Developing Number Sense” (researchers from Simmons College and EdTech Solutions and vendor Cambium Learning Technologies); “Look Mom, No Hands: The NIA as an Alternative Computer Interface (researcher from Wright State University and vendor Brain Actuated Technologies); and “Enabling More Effective Use of the Web Anywhere with WebAnywhere and Trailblazer” (researcher from the University of Washington and vendor IBM Almaden Research Center).
In addition, the NCTI highlighted one of its 2008 winners, “Point and
Chat Software,” a project led by Jeff Higginbotham, Ph.D., Professor
and Director of the Signature Center on Excellence in Augmented
Communication at SUNY-Buffalo, and Benjamin Slotznik, J.D., Ph.D.,
President of Point-and-Read, Inc. Their project was an effort to
develop instant messaging (IM) capabilities on alternative and
augmentative communications (AAC)
platforms, opening up a new means of communication for users of these
devices.
Additional Information:
- 2009 Winners of NCTI Technology in the Works Competition
- "Instant Messaging for AAC Users: Cool Heads and Collegiality Prevail"
Updated Vision and Hearing Impairment Simulator from University of Cambridge
05.20.2009 – The University of Cambridge’s Engineering Design Centre has released an updated version of its Vision and Hearing Impairment Simulator as part of the center’s larger Inclusive Design Toolkit. The simulators present common effects of various hearing and vision impairments utilizing image and sound files accessed by the user and applied to any computer desktop. For example, one file simulates the effects of macular degeneration by reproducing dark splotches on the computer desktop that mirror the loss of vision in the center of the visual field and its attendant blurriness.
A free 14-day trial for the simulator is currently available. The
minimum order of 3 activation codes costs £200 + VAT, and discounts are
available for bulk orders.
Additional Information:
[Source: Engineering Design Centre, University of Cambridge]Wireless RERC Updates
2009 State of the Technology Conference: Registration Now Open
03.01.2009 - The Wireless RERC is pleased to announce that registration is now open for the Wireless Emergency Communications State of Technology Conference. This event will take place at the Georgia Tech Research Institute Conference Center in Atlanta, Georgia, USA on September 21-23, 2009. Don’t miss this exciting opportunity to participate in interactive sessions, weigh in on federal policy initiatives, and view promising technology demonstrations.
Speakers will include representatives from:
- CTIA-- Wireless Association
- Coalition of Organizations for Accessible Technology
- Federal Communications Commission
- Gallaudet University
- National Emergency Number Association
- National Telecommunications Information Administration
- Research in Motion
- WGBH National Center for Accessible Media
Topics will cover:
- Technological solutions for accessible emergency
alerting.
- Barriers and opportunities for emergency alerting.
- User needs to achieve accessible emergency
communications.
- Policy and regulatory actions needed to achieve accessible
wireless alerts.
- Social networks and collaborations to promote accessible
mobile wireless systems.
- Inclusion of people with disabilities in emergency
scenarios.
- Emergency management technologies for connectivity to the
disability community.
- Deployment strategies by emergency management or public
safety entities to provide emergency alerts over wireless
networks.
Special networking events will provide attendees the opportunity to meet speakers, sponsors and connect with colleagues. There are limited slots for attendees, so register now!
If you have questions, please contact:
Salimah LaForce
Conference Coordinator, Wireless RERC
404-894-8297 (office)
404-791-9692 (mobile)
Additional Information:
Hearing Aid Compatibility Videos: Choosing a Cell Phone that Works For You
03.01.2009 – The Rehabilitation Engineering Research Center on Wireless Technologies (Wireless RERC) and CTIA - The Wireless Association® announced the release of a new consumer education video series, “Hearing Aid Compatibility: Choosing a Cell Phone That Works For You.”, these videos will help wireless consumers who use hearing aids to identify and choose a hearing aid-compatible (HAC) wireless device that meets their needs
Each video outlines the key information consumers need to choose a HAC wireless device. The first segment presents general HAC and wireless device information as told by a certified audiologist. The second segment demonstrates a suggested “try and buy” process between a customer representative and a consumer at an actual wireless carrier's retail store.
CTIA’s AccessWireless.org hosts the video series, which is accessible to visitors through captioning, audio description and both high- and low-resolution versions. This video series may also be used by wireless carriers as a training tool for sales and customer support staff. The video series was produced by the Wireless RERC with the support of the Alliance for Telecommunications Industry Solutions (ATIS), AT&T, Audiological Consultants of Atlanta, CTIA - The Wireless Association®, Gallaudet University’s Technology Access Program, the Hearing Loss Association of America (HLAA), Nokia, Research In Motion (BlackBerry ®), Samsung and T-Mobile USA, Inc.
Additional Information:
- Hearing Aid Compatibility Videos: Choosing a Cell Phone that Works for You
- Wireless RERC Consumer Forum: My Wireless Review.
Upcoming Events
RESNA Annual Conference in New Orleans, June 23-27, 2009
The Rehabilitation Engineering and Assistive Technology Society of North America (RESNA) will be holding its annual meeting at the Sheraton New Orleans Hotel, in New Orleans, on June 23-27, 2009. The first two days of the conference will feature instructional courses and the popular RESNA Fundamentals Course in Assistive Technology. This two-day course provides interested individuals with an overview of the numerous areas of assistive technology and is also designed to broaden the knowledge of AT professionals. June 25-27 will feature numerous workshops and platform sessions, as well as exhibition halls.
For information on how to register and for a copy of the program,
please visit the RESNA website provided below.
Additional Information:
DTV Transition
On June 12, 2009, all full-power broadcast television stations in the United States will stop broadcasting on analog airwaves and begin broadcasting only in digital.
Additional Information:
Technology and Disability Policy Highlights reports on national and local public policy events and recent wireless technological advances and political activities; and tracks emerging issues of interest to individuals with disabilities. Technology and Disability Policy Highlights is published monthly by the Wireless RERC. The Wireless RERC is a research center promotes universal access to wireless technologies and explores their innovative applications in addressing the needs of people with disabilities.
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, Nathan W. Moon [nathan.moon@cacp.gatech.edu] or Paul M.A. Baker, Ph.D., AICP, CACP Director of Research [paul.baker@cacp.gatech.edu].
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