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May 2010 Technology and Disability Highlights

Volume: 10.5 May 2010 Technology and Disability Highlights

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Overview

The month of May was highlighted by ongoing efforts among legislators, regulators, and the courts to determine the future of broadband and advanced communications services. Many of these actions came in response to an April decision by a federal Court of Appeals overturning a Federal Communications Commission (FCC) rulemaking on the regulation of cable and Internet service provider Comcast. Following that decision, FCC Chairman Julius Genachowski announced his intentions to reclassify broadband Internet service from a lightly-regulated information service to a more tightly-regulated telecommunications service. Following this move, Congressional leaders announced meetings and hearings for June to determine whether the nation’s telecommunications laws need to be updated. Some progress has already been made in this area, with the introduction of the Equal Access to 21st Century Communications Act in the Senate. While these developments affect broadband and communications policymaking in the broadest sense, any new law or rulemaking could have a profound impact on persons with disabilities, making these issues particularly relevant for the disability community.

In disability-specific news this past month, the FCC held a workshop entitled “Expanding Disability Access with Wireless Technologies.” This daylong event examined both the challenges and opportunities of mobile wireless technologies, including cell phones, for Americans with disabilities. In addition, the FCC continued its ongoing efforts to address potential fraud in the Video Relay System (VRS). Meanwhile, the U.S. Access Board held another hearing on its current efforts to update standards for Section 508 of the Rehabilitation Act of 1973 and guidelines for Section 255 of the Telecommunications Act of 1996. A draft rule has been issued, and the Access Board will accept comments until June 21.

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Legislative Activities

Catching Up: Legislation Introduced to Close the Gap between Law and Tech Innovation

05.04.2010 – The Equal Access to 21st Century Communications Act [S. 3304] was introduced in the Senate for consideration and assigned to the Committee on Commerce, Science, and Transportation. The purpose of the legislation is to update technology access laws and amend the Communications Act of 1934 to be inclusive of current and future advanced communications technologies, namely Internet protocol based technologies, equipment, and services. If enacted, the legislation would require advanced communications service providers, equipment manufacturers, and software developers to bring their products and or services into compliance and make them accessible to people with disabilities.

The FCC is charged with drafting and enforcing regulations to carry-out [S. 3304], as well as authorizing the disbursement of Lifeline and Link-up funds to qualifying individuals with disabilities to subsidize their purchase of equipment and/or service to achieve functional equivalency in communications. The Commission would also be mandated to commence Notice of Inquiry (NOI) proceedings on closed-captioning decoder and video description capabilities, programming guides and menus, and user-interfaces associated with the delivery and display of visual media over the Internet protocol or any future protocols. The commission will also be required, via the public comment process, to develop a definition for consumer generated media. This Act is addressing not only the technologies used to access the Internet, but aims to ensure the content is accessible as well. Furthermore, the Act recognizes that in today’s market, screens smaller than 13 inches are capable of receiving and playing video programming; though not explicitly stated, this could include mobile devices such as “smart phones.” After an NOI on the topic and regulations are put in place, such devices would be required to include built-in closed-caption decoder circuitry, as well as the ability to deliver video description and convey emergency information.

Following the introduction of S. 3304, on May 26, 2010, the U.S. Senate Committee on Commerce, Science, and Transportation held a hearing titled “Innovation and Inclusion: The Americans with Disabilities Act at 20.” The hearing’s theme, like S. 3304, focused on increasing access to current and emerging technologies and acknowledges that present laws have not kept pace with technology innovation. Witnesses included The Honorable Edward Markey from U.S. House of Representatives, Sergeant Brian Pearce from the U.S. Army, Thomas Wlodkowski from AOL, Inc., Bobbie Beth Scoggins from the National Association of the Deaf, actor Russell Harvard, and Walter McCormick from the U.S. Telecom Association. Though witness testimony varied, all participants agreed that technology access was crucial to full and equitable participation in 21st century society.

Additional Information:

[Source: Subcommittee on the Constitution, Civil Rights and Civil Liberties]

Hearings on Telecommunications Act Planned for June

05.24.2010 – Sen. John D. Rockefeller IV (D-WV), chairman of the Senate Commerce, Science, and Transportation Committee, and Rep. Henry Waxman (D-CA), chairman of the House Committee on Energy and Commerce, jointly announced their intentions to hold hearings on the nation’s telecommunications laws in June.  In particular, they seek to understand how the Communications Actcurrently impacts the telecommunications industry, American consumers, and the FCC, as well as identify new challenges and unmet needs that may require updated legislation.  The latest version of the Act, the Telecommunications Act of 1996, represented a major overhaul of the nation’s telecommunications laws.  However, the Act addressed the Internet in a very minor way, and Congressional leaders believe that it may now be necessary to revisit the legislation.

Sen. Rockefeller and Rep. Waxman’s announcement comes at a time when the courts and regulators have grappled with serious policy issues about Internet and broadband service.  In particular, a federal Court of Appeals ruled in April that the FCC overstepped its jurisdiction when it attempted to regulate cable and Internet service provider Comcast.  In response to the Court’s decision, the FCC announced its intentions to reclassify broadband as a telecommunications service, which would allow the Commission to more tightly regulate it (see related story below).  Congressional meetings on the matter are set for June.  While current discussions do not mention people with disabilities explicitly, any legislation on the nation’s main telecommunications law would have important implications for disability access of Internet and broadband services.

Additional Information:

[Sources: New York Times, Senate Commerce Committee, and House Commerce Committee]

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Regulatory Activities

Access Board Holds Hearing on Section 508 Update

05.12.2010 – The U.S. Access Board held the second of two planned hearings on its efforts to update federal standards for technologies covered under Section 508 of the Rehabilitation Act of 1973 and guidelines for telecommunications products covered under Section 255 of the Telecommunications Act of 1996.  The effort is meant to address the rapid pace of technological development since the initial standards and guidelines were adopted and to ensure the constant mandate for accessibility of these technologies.  As such, the new technical requirements are meant to be descriptive, rather than proscriptive, in nature, in order to provide flexibility and support new, innovative technologies.

The hearing was made open to the public, and two dozen people provided testimony to the Access Board, including consumers, accessibility consultants, product designers, advocacy representatives, industry, and government.  Among the issues addressed by commenters were the Access Board’s efforts to harmonize with the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, as well as the role of assistive technologies, access to product documentation and technical support, improving accessibility for people with cognitive disabilities, and issues encountered by those with hearing or vision loss or combinations of both.

A transcript of the hearing will be included in the rulemaking docket.  In addition, the draft rule is available for public comment until June 21. Comments can be submitted or viewed online at www.regulations.gov.  Input received on this draft will be used by the Access Board for the proposed rule, which also will be open to public comment.

Additional Information:


[Source: U.S. Access Board]

Broadband Deployment and Regulation Ongoing Focus of FCC

05.06.2010 – Several months after delivering its National Broadband Plan to Congress, the FCC remains active in the matter of broadband deployment and regulation.  On May 6, FCC Chairman Julius Genachowski announced his intention to reclassify broadband from an information service to a telecommunications service, the latter of which is more tightly regulated.  The decision, which stems in part from the Commission’s unsuccessful attempts to enforce net neutrality, has been met with support from Commissioners Michael Copps and Mignon Clyburn and opposition from Commissioners Robert McDowell and Meredith Baker, whose positions appear divided along party lines.  In addition, the FCC has taken action to streamline broadband deployment through a number of rulemakings, such as one to ease regulation of and improve access to utility poles.

While none of these actions specifically address disability, the FCC’s efforts may have a monumental impact on access to broadband technologies and services by people with disabilities in the coming months and years.  Congress is still considering the NPB, and future legislation will certainly impact Americans with disabilities’ access to broadband.

Additional Information:

[Source: FCC]

FCC Holds Workshop on Wireless Technologies and Disability Access

05.13.2010 – The FCC hosted a workshop entitled “Expanding Disability Access with Wireless Technologies,” which examined the mobile communications barriers faced by Americans with disabilities and the opportunities of such technologies for meeting communications access needs.  In addition, the all-day session featured technology demonstrations of advanced mobile communications for people with disabilities.

The workshop consisted of two panels, one on consumer needs and another on the subject of technology trends.  Speakers and exhibitors included representatives from the Coalition of Organizations for Accessible Technology (COAT), American Foundation for the Blind, Telecommunications for the Deaf, Inc., American Association of Deaf-Blind, Hearing Loss Association of America, CTIA – The Wireless Association, WGBH’s National Center for Accessible Media, Gallaudet University, Google, and others.  Of particular note was the participation of Jim Mueller from the Wireless RERC, who shared research findings on consumer needs, experiences, and preferences with cell phones and other mobile devices.

Additional Information:

[Sources: FCC and COAT]

Video Relay System Waste, Fraud, and Abuse Addressed in FCC Rulemaking

05.27.2010 – The FCC adopted and released a Declaratory Ruling, Order, and Notice of Proposed Rulemaking (FCC 10-88) on the Video Relay System (VRS) of the Telecommunications Relay System (TRS).  The VRS allows users with hearing or communication impairments to use American Sign Language (ASL) via video and a communications assistant (CA) for real-time communication.  FCC action on this matter comes in response to recent findings of fraud by VRS providers.

In its Declaratory Ruling, the FCC reaffirmed that compensation from the Interstate TRS Fund may be suspended to providers that refuse to participate in audits.  In its Order, the Commission adopted an interim rule requiring senior executives to swear to the accuracy of information that providers submit to the FCC for compensation.  Finally, the Notice of Proposed Rulemaking section seeks comment on a number of issues, including the need for whistleblower protection rules, whether automated or manual methods for tracking call times are best, the need for more stringent auditing rules, and how best to deal with fraud and misuse.  The FCC has noted that it seeks to “eliminate unjustifiable payments to providers at American ratepayers’ expense, and to eliminate the provision of service by unqualified providers or service that is not in compliance with the TRS rules.”

Comments to the NPRM are due 14 or 21 days, depending on the specific issue, after publication in the Federal Register.  Reply comments are due 10 or 14 days, depending on the specific issue, after the comment date.

Additional Information:

[Sources: FCC and COAT]

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Other Items of Interest

2010 Awardees:  Tech in the Works

05.11.20 – the National Center for Technology Innovation (NCTI) holds an annual competition that challenges researchers to collaborate with vendors to research and develop innovative uses for technology to enhance education outcomes for students with disabilities.  The following are the 2010 winners:

  • Touching Lives and Creating Abilities: Social and Communication Skills with the iPad
    Researchers & Vendors: Scott Renner and Margaret Flores, Auburn University & Lloyd Cooper and Foster Phillips, PUSH Product Design
  • Efficacy of the GoTalk Express 32 for Increasing Communication
    Researchers & Vendors:     Susan M. Bashinski, Melissa Darrow Engleman, and Alana Zambone, East Carolina University & Carol Stanger and Don Severson, Attainment Company
  • Interactive Storybooks for Deaf Kindergarteners
    Researchers & Vendors:     Becky Sue Parton and Robert Hancock, Southeast Louisiana University; Dan Hoffman and Curt Radford, Lamar University & Mike Burton, Burton Vision
  • Seeing the Possibilities with Videophone Technology
    Researchers & Vendors:     Judith Emerson, John Bishop, and Linda McDowell, University of Southern Mississippi; Toni Hollingsworth, Mississippi Deaf-Blind Project & David Hale and Paul Kershisnik, Sorenson Communications

[Sources: AFB]

Additional Information:

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Wireless RERC Updates


Wireless RERC Launches Updated Survey of User Needs

05.01.2010 - The Wireless RERC has just launched the updated version of its annual Survey of User Needs (SUN), our cornerstone survey of use and usability of wireless technology by people with disabilities. Since 2007, over 1,900 people with all types of disabilities have participated in the SUN. The results of the survey are used to inform the wireless industry, government regulators, other researchers and the general public of the needs and wants of people with disabilities with regard to wireless devices and services.  It also helps us track changes in consumer preferences over time. The survey was updated this year to keep it current with fast moving developments in wireless technology.

[Source:  Wireless RERC]

Additional Information:

Wireless RERC Researcher Speaks at FCC

5.13.2010 – Jim Mueller presented customer perspectives on the usefulness and usability of wireless technologies at the FCC workshop Expanding Disability Access with Wireless Technologies. His presentation was based on findings from the RERC’s Survey of User Needs (SUN), testing of touchscreen Smartphones such as the iPhone and Blackberry Storm, focus groups on wireless applications among low vision and blind wireless customers, and a study of usability of online wireless accessibility resources by members of the RERC’s Consumer Advisory Network. [Source:  Wireless RERC]

[Source: IJEM]

Additional Information:

Comments Filed Recommending EAS Rule Amendments

05.14.2010 - The State of Technology (SoT) Project of the Wireless RERC filed comments on May 14, 2010, in response to the FCC notice: “Public Safety and Homeland Security Bureau Seeks Informal Comment Regarding Revisions to the FCC's Part 11 Rules Governing the Emergency Alert System Pending Adoption of the Common Alerting Protocol by the Federal Emergency Management Agency” [EB Docket No. 04-296]. Comments emphasized the importance of including information for people with disabilities in all aspects of EAS alerts that reach the public, be it an actual emergency or a test. Comments specifically recommended that Part 11 Rules amend 47 C.F.R. Part 11.51 to require EAS participants to transmit the portion of an EAS message, as defined in paragraph 11.31(a)(3), both aurally and visually. The Wireless RERC is concerned that people who are hard of hearing or who are deaf are missing important visual information when they receive an EAS alert, as EAS participants are not required to present the audio portion of the EAS message visually. Additionally, comments addressed the development of state and local EAS plans, recommending that sections 11.20 (a)and (b) be amended to specify that any instructions that have been developed by emergency officials concerning people with disabilities be included in EAS plans.

[Source:  SoT]

Additional Information:

WEC Research Appears in the Blogosphere Again

05.17.2010 – An Emergency Management Magazine blog entitled “People will trust but verify emergency notifications,” published in May, discusses WEC research findings that point to peoples’ psychosocial reaction to emergency alerts – confirm.  Response times of individuals are delayed because of their need to seek additional sources of emergency information, confirming the veracity of the initial alert.  To read and comment, go to http://www.emergencymgmt.com/emergency-blogs/alerts/People-will-trust-but.html.

Additional Information:

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Upcoming Events

NTID 2010

06.21.2010 – 06.23.2010 – The National Technical Institute for the Deaf (NTID) will hold its annual Technology Symposium in Rochester, New York from June 21-23, 2010. The theme is Exploring Instructional and Access Technologies; tracks include access technology, using technology to support learning, assessing the impact of technology, and online learning.

For more information about the symposium, please visit http://www.rit.edu/ntid/vp/techsym/index.html.

[Source: NTID]

RESNA 2010

06.26.2010-06.30.2010 – The Rehabilitation Engineering Society of North America (RESNA) will hold its annual meeting from June 26-30, 2010, at the Red Rock Spa in Las Vegas. The meeting site will also host the associated International Symposium on Quality of Life Technology.

For more information about the conference, including details on how to register, please visit http://www.resna.org/conference/index.php.

[Source: RESNA]

ICCHP 2010

07.14.2010 – 07.16.2010 – The 12th International Conference on Computers Helping People with Special Needs will be held on July 14-16, 2010 at the Vienna University of Technology, Austria. The conference focuses on user centered design to enable social inclusion and eAccessiblity, involving all stakeholders and addressing the broad range of access to information communications technology.

For more information about the conference, please visit http://www.icchp.org/node/194.

[Source: Institut Integriert Studieren]

VIC 2010

10.14.2010 – 10.16.2010 - The inaugural event Visions of an Inclusive Community, will be held in Tampa, Florida on October 14-16, 2010. VIC2010 is designed to bring together members of the design/build community, the healthcare industry, the disabled community, aging in place advocates and governmental agencies to facilitate the transfer of knowledge that will build empathy and identify opportunities for more inclusive design of products and spaces.

For more information about the conference, please visit http://www.vic2010.com/.

[Source: VIC]

2010 NCTI Technology Innovators Conference

11.15-16.2010 - The 2010 NCTI Technology Innovators Conference will be held in Washington, DC on November 15-16, 2010.  The theme is Breakthrough Learning – Transform the Future, focusing on emerging ideas, solutions, and public policy initiatives in inclusive technology to enable and empower all students to reach their potential.

For more information about the conference, including details on how to register, please visit  http://www.nationaltechcenter.org/index.php/conf10-registration/.

[Source:  NCTI]

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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 more information on the Wireless RERC, please visit the Wireless RERC website at [http://www.wirelessrerc.org].

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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