December, 2005 - January, 2006 Technology and Disability Policy Highlights
Volume: 6.01 December, 2005 - January, 2006
Other Available Formats
Contents:
- Overview
- Legislative Activities
- Regulatory Activities
- Judicial Activities
- Reports / Studies / Publications
- Other Activities and Items of Interest
- International Activities
- Upcoming Events and Activities
Overview
During the last couple of months, there has been a flurry of activity in the wireless arena – the reason this edition of Technology and Disability Policy Highlights is especially focused on wireless activities. In legislative news, Senators DeMint (R-SC) and Ensign (R-NV) have introduced the Digital Age Communications Act [S. 2113], which (if signed into law) will essentially rewrite the Telecommunications Act of 1996 by eliminating state and local franchising of cable and telecommunication systems and overhaul the Universal Service Fund (USF). A bill was recently introduced in the Georgia General Assembly [SB 325] that would prohibit wireless service providers from requiring customers to extend their contracts when they make changes to their plans. The bill is designed to protect consumers who make changes that do not reduce revenue to the wireless company.
In January, the FCC announced that it has plans to launch a probe into the Internet sale of cellphone records – a move some privacy advocates say is well overdue. The move was made after the FCC discovered numerous websites claiming to sell records of ingoing and outgoing calls from wireless phones. In judicial news, the Supreme Court rejected a request to listen to the patent dispute between Research in Motion (RIM), the maker of the BlackBerry wireless device, and NTP, a patent holding company. RIM and NTP have been involved in a judicial debate regarding patent rights to the technology used by Blackberry to wirelessly transmit emails. RIM had petitioned the high court to review whether US patent law applied to its product and technology since the company is operated outside of the country in Canada.
In consumer news, approximately seven million wireless customers have resisted replacing their cellphones with newer phones that will allow emergency operators to pinpoint their location. This resistance is causing problems for the nation’s wireless service providers because the FCC set a December 31, 2005 deadline for 95% of wireless customers to have E-911 compliant cellphones. Reasons cited for the consumer resistance include the expense of a phone equipped with Global Positioning System (GPS) technology, having to learn how to operate a new phone, and not living in an area with reliable digital service. Finally, on the international front, legislation that would require telecommunications companies to keep records of the phone calls, faxes and e-mails of their clients for up to two years, is expected to pass in the European Parliament. The law, aimed at combating terrorism, would require phone companies to keep information about the time of phone and fax transactions, the phone numbers of incoming and outgoing calls and the length of the calls, as well as details on emails.
Legislative Activities
Digital Age Communications Act Introduced
December 15, 2005 – Senators Jim DeMint (R-SC) and John Ensign (R-NV) have introduced the “Digital Age Communications Act” (S. 2113), or DACA, a bill designed to rewrite the Telecommunications Act of 1996. If signed into law, the Act would eliminate state and local franchising of cable and telecom systems and overhaul the Universal Service Fund (USF). Cornerstones of the Act outlined on DeMint's website include:
- "Services that are alike from a consumer's perspective would be treated alike. For example, phone service, whether offered by a cable, land-line, or wireless company, would have to comply with the same regulations.”
- "The Universal Service Program would be reformed to make all service providers contribute equally and make the distribution of the funds more efficient, transparent, and technologically neutral.”
- "Cable television franchises would be phased out over 4 years.”
- "Each state would continue to play an important role in enforcing federal rules and would retain the authority to protect consumers and manage public rights-of-way.”
DACA is the result of work by the Progress and Freedom Foundation, a self-described "market-oriented think tank that studies the digital revolution and its implications for public policy." Rural carriers are hesitant about the bill because it seeks to impose a cap on the USF of $3.65 billion, which is about half the current fund of $7 billion. In addition, the bill delegates responsibility for spending USF monies to the states.
[Sources: Library of Congress, Senator Jim DeMint, National
Journal, and U.S. Telecom Association]
Georgia: Bill Would Cut Cellphone Contract Requirements
January 11, 2006 – Sen. Cecil Staton (R-Macon) has filed a bill [SB 325] that would prohibit wireless service providers from requiring customers to extend their contracts when they make changes to their plans. Staton’s rationale for the bill is that consumers should not be penalized if making changes that do no reduce revenue to the company. The bill will more than likely face stiff opposition from Georgia’s telecommunications companies.
[Sources: The Georgia General Assembly and the Atlanta Journal Constitution, 1/11/20060]
Regulatory Activities
2006 Agenda at FCC – Martin’s negotiating skills face tests in coming year
December 23, 2005 – Since being named Chairman of the FCC, Kevin
Martin has been able to use his powers of persuasion to push a number
of decisions through a divided FCC. The current makeup of the
commission includes two Democrats and two Republicans and has
challenged Martin to use his strong negotiating abilities to get
unanimous votes on a number of mergers and regulatory decisions. During
this past year, the FCC, under Martin’s headship, has approved SBC
Communications Inc.'s purchase of AT&T Corp., Verizon's acquisition
of MCI Inc. and Sprint's merger with Nextel, Inc. as well as dropped
the requirement that local phone companies lease high-speed DSL lines
to ISPs at lower rates. In the view of these and other decisions, some
have criticized Martin’s policies as having led to greater industry
consolidation for large telephone companies, thereby making it hard for
small companies to compete. Although Martin seems to be working well
with his fellow Commissioners, there is some unhappiness among agency
employees, small telecommunication firms and some consumer groups. This
upcoming year Martin’s skills will be put to a true test as he tries to
pass a largely deregulatory agenda and address tough issues such as
rewriting media ownership rules and how to support the program that
subsidizes phone service in rural areas, which will depend on winning
the Democratic vote.
[Source: The Washington Post, 12/23/2005]
FCC Investigates Sale of Cell Phone Records
January 18, 2006 – The FCC has announced that it is launching a probe into the Internet sale of cellphone records; a move privacy advocates say is well overdue. Numerous websites claim to be able to provide records of incoming and outgoing calls in exchange for a fee. The FCC fears that this information could be exploited by criminals such as stalkers or abusive spouses. The FCC’s enforcement bureau is investigating how these companies obtained cellphone records and whether “phone companies had not followed rules designed to prevent such information from getting into the wrong hands.” The use of fraud to obtain this type of information is subject to the jurisdiction of the Federal Trade Commission.
[Source: The Washington Post, 1/18/2006].
FCC sets airwaves sale for Internet on planes
December 9, 2005 – The FCC has established the bidding guidelines for the 400 MHz and 800 MHz Air-Ground Radiotelephone (Air-Ground) services in a recent Order on Reconsideration and Report and Order [FCC 05-202]. This action will allow the airline industry to generate new revenue by offering high speed Internet and cheaper onboard telephone services. The order will allow new licenses for the designated spectrum to be auctioned in three different band configuration plans, with the final plan being determined by the auction results. FCC Commissioner Michael Copps previously expressed concern that the license configuration could lead to a single provider with a monopoly over airline Internet and telephone services.
Verizon Communications operates the current airplane phone service, which is not often used because of its high cost. The FCC Order renewed the license of Verizon Airfone, the current provider, for a nonrenewable five year term and also provided the company a transition period of two years to move current narrowband operations from four to one Megahertz. The Order sought comments on the proposed bidding rules. The FCC is also considering whether to allow consumers to use cell phones on planes, a plan that would have to be approved by the Federal Aviation Administration (FAA).
[Source: FCC and Reuters]
Government Move to New Airwaves May Cost Less than Expected
December 28, 2005 – A new estimate released by the government states that moving the United States Department of Defense and 11 other government agencies’ wireless communication capabilities to new airwaves will only cost $936 million. The Commerce Department’s National Telecommunications and Information Administration (NTIA) worked on the estimate and says that it is less than previous industry estimates of several billion dollars. The movement of government agencies will open up 90 Megahertz (MHz) of airwaves that are attractive to the broadband industry to expand coverage and improve cell phone service quality. The FCC will conduct an auction later this year for the sale of the additional airwaves. The proceeds of the sale are expected to cover the relocation costs.
[Source: National Telecommunications and Information Administration
(NTIA) and Reuters, 12/28/2005]
Tate Sworn in at FCC: McDowell Likely to Fill Remaining Slot
January 03, 2006 – Deborah Taylor Tate has been sworn in as a member of the FCC. Before joining the FCC, Tate served as Director of the Tennessee Regulatory Authority, where she served as Chairman from 2003-2004.
At Deadline - President Bush has announced that he intends to nominate telecommunications lawyer Robert McDowell to fill the third Republican seat on the Commission. McDowell is senior vice president and assistant general counsel at Comptel, a lobbying group for companies that compete against large telephone carriers like AT&T and Verizon wireless. Once nominated, McDowell will require Senate confirmation.
[Sources: FCC and Reuters]
Judicial Activities
Supreme Court Refuses to listen to Blackberry Patent Dispute
January 23, 2006 – The United States Supreme Court has rejected a request to listen to the patent dispute case between Research in Motion (RIM), the Canadian-based maker of the Blackberry wireless device, and NTP, a patent holding company. RIM and NTP have been involved in a judicial debate regarding patent rights to the technology used by Blackberry to wirelessly transmit emails. RIM had petitioned the high court to review whether US patent law applied to its product and technology since the company is operated outside of the country in Canada.
The Supreme Court’s decision not to hear the case now leaves the responsibility to the lower courts. The U.S. District Court for the Eastern District of Virginia is hearing an NTP filing for an injunction banning the Blackberry device and $126 million in damages and royalties. RIM has lost at several stages during this litigation process and could face major penalties to the operation of the popular device. The patent dispute is also being examined by the United States Patent and Trademark Office at the request of RIM.
[Source: The New York Times, 1/23/2006 and The Wall
Street Journal, 1/23/2006]
Supreme Court Sides with Georgia Inmate
January 16, 2006 – The Supreme Court decided unanimously in Goodman v. Georgia (No. 04-1203) to give a Georgia inmate a second chance to prove that the state owes him damages for not accommodating his disability. The court decided that state prisoners with disabilities can win damages if their rights are violated while imprisoned. Justice Antonin Scalia wrote that the lower courts should reconsider the case of inmate Tony Goodman, who alleges that he was kept in a cell, so small he could not turn his wheelchair, for more than 23 hours a day. Goodman’s case has received support from the Bush administration, which argues that lawsuits should be allowed under the Americans with Disabilities Act.
[Source: U.S. Supreme Court and The Associated Press, 1/10/2006]
Reports / Studies / Publications
European Study: No Raised Cancer Risk from Mobile Phones
January 19, 2006 – A four-year survey, by the Institute of Cancer Research in London and three British universities, has found that using a mobile phone does not the increase the risk of developing a glioma, a common type of brain tumor. The researchers said they did not find a link between frequent cell phone usage and higher risk of glioma. The results of the survey show no association with time since first use, lifetime years of use, cumulative hours of use, or number of calls. The findings also rejected previous claims that mobile phone users in rural areas had an increased risk of developing this form of cancer. This survey is larger than previous studies and its findings are consistent with those found in similar studies in the United States and Europe.
[Source: Reuters, 1/19/2006]
FCC Report to Congress Assesses Spectrum Needs for Emergency Personnel
December 19, 2005 – The FCC released a report to Congress concerning short-term and long-term needs for allocations of additional portions of the electromagnetic spectrum for federal, state and local emergency response providers. Submitted pursuant to the “Intelligence Reform Act” [Pub. L. No. 108-458], the report is also informed by the effects wrought by Hurricanes Katrina and Rita.
Of central importance to the report is the 700 MHz band. The 700 MHz band is ideal for first-responder wireless communications because signals sent over the frequency can penetrate walls and travel long distances. The transition of analog television to digital television (DTV), expected by February 17, 2009, will clear 24 MHz of the Upper 700 MHz band for public safety services. The FCC will auction the remaining 36 MHz of the Upper 700 MHz Band for commercial services. Many public safety entities have expressed concern that the allotted twenty-four megahertz will not be sufficient for broadband data applications. New York City, for example, advocates an allocation of an additional 10 MHz in the 700 MHz band.
At the report's conclusion, the Commission promised to examine whether the current allocation of twenty-four megahertz of spectrum in the 700 MHz band will be enough to accommodate broadband applications for public safety officials. The report also cites opportunities for greater spectral efficiencies and other technological advances that will help meet short and long-term needs of emergency response providers.
The needs of people with disabilities and the training needs of first responders are addressed in the 2005 report, Saving Lives: Including People with Disabilities in Emergency Planning, by the National Council on Disability.
[Sources: FCC, Government Technology, NCD]
Other Activities and Items of Interest
Cingular Launches 3G Network
December 7, 2005 – Cingular, the largest cellular carrier, recently introduced its high speed network with voice and data capabilities called High-Speed Downlink Packet Access (HSDPA). The new network will be the first to allow customers to talk while accessing the Internet and may appeal to business professionals and regular consumers. The network, an example of the new third generation (3G) technology, will offer download speeds of between 400 and 700 kilobits per second. The new network is offered to customers for $59.95/month and is available in 14 major US cities. To use the service, users must have a laptop and required modem card and handset.
[Source: Seattle Post Intelligence Reporter, 12/7/2005]
Consumers Resist Purchase of E911 Ready Cellphones
January, 2006 – Approximately seven million wireless customers have resisted replacing their cellphones with newer phones that will allow emergency operators to pinpoint their location. This resistance is causing problems for the nation’s wireless service providers because the FCC set a December 31, 2005 deadline for 95% of wireless customers to have E-911 compliant cellphones. Reasons cited for the consumer resistance include the expense of a phone equipped with Global Positioning System technology, having to learn how to operate a new phone, and not living in an area with reliable digital service. These factors, in addition to accessibility issues, affect people with disabilities who want wireless phones that are GPS-equipped. Five of the nation’s largest wireless service providers (Verizon Wireless, Qwest Communications, ALLTEL, Sprint Nextel and its Nextel Partners affiliate) have asked for more time – almost two years- to convince consumers to make the switch. The FCC is currently reviewing requested extension, and regulators are not likely to penalize the companies for not reaching the target on time. Wireless providers generally complied with the FCC deadline in one of two ways: a network-based solution that “figured out the customer’s location and sent the information to a 911 call center,” (The Wall Street Journal, 1/6/2006) or a consumer-based solution whereby wireless providers attempted to convince their customers to upgrade their phone. The carriers that chose the network-based solution (Cingular and T-Mobile) have not had problems meeting the FCC deadline, unlike the companies that went with the consumer-based solution.
In their attempts to get consumers to upgrade their phones, some wireless companies have refused to activate analog phones for consumers, while others, such as Nextel, have held sweepstakes offering millions of dollars in prizes. For callers who do use GPS-equipped cellphones, “only about 43% of the nation’s emergency dispatch call centers, covering about two-thirds of the population, have upgraded their equipment to receive the digital information that could identify the user’s location,” (The Wall Street Journal, 1/6/2006). Although federal regulators have urged states to upgrade their systems, 57.3% of counties do not provide E911 services to wireless consumers. Federal regulators have no authority to require the change, and many communities cite lack of funds as their reason for not doing so.
[Sources: The Wall Street Journal, 1/6/2006 and United
Press International, 12/22/2005]
IEEE Approves Mobile WiMax Standard
December 08, 2005 – The Institute of Electrical and Electronics Engineers (IEEE) officially codified specifications for mobile WiMax technology. The standardization will promote the development of interoperable products. The announcement is somewhat symbolic because the standard has already been virtually accepted among vendors and vendors have been busily developing products. Nonetheless the announcement lends greater credence to the promise of WiMax.
On a related note, the IEEE is also considering a faster Wi-Fi standard, 802.11n. The first draft of the standard was approved in January and helps web surfers access wireless network points at much faster speeds than the current 802.11g technology. Based on a technology called MIMO (multiple-in, multiple-out), the chips use multiple antennas and are equipped to handle more than one data signal at a time.
[Sources: Light Reading, Telecommunications Online, ZDNet]
Municipal WiFi projects will increase in 2006
January 03, 2006 – Deployment of municipal WiFi and WiMax networks are expected to flourish in 2006. The prospect of affordable broadband access for citizens and efficiencies to be gleaned by municipal field workers (police officers, meter readers, and emergency personnel, among others) are incentive enough for towns and cities to erect their own wireless networks. Backing for municipal fiber optic or other wireline networks has not gained much steam in light of the scalability of wireless networks. For example, in rural towns where the infrastructure is so meager that neither cable modems nor DSL access is available, wireless networks have proven viable. Such a boom does not bode well for incumbent service providers. But Intel, Cisco, Dell, IBM, SAP and others are advocates of the do-it-yourself movement.
More and more local officials believe that access to affordable broadband is crucial to their cities' economic development. In December the City Council of New York passed legislation creating a special commission to advise Mayor Michael Bloomberg and the city council on how best to offer broadband Internet access to citizens throughout the city. The United Kingdom also announced plans for citywide Wi-Fi networks. In March 2006 Wi-Fi networks will be launched in Birmingham, Cambridge, Edinburgh, Leeds, Liverpool, Manchester, Nottingham and Oxford, along with the London boroughs of Kensington and Chelsea, Camden and Islington.
[Sources: Telephony Online, Intel, ZDNet, and News.com]
International Activities
European Parliament Expected to Require Keeping of Phone Data
December 12, 2005 – Legislation that would require telecommunications companies to keep records of the phone calls, faxes and e-mails of their clients for up to two years, is expected to pass in the European Parliament. The law, aimed at combating terrorism, has reached the parliament in record time due the strong backing it has received in the wake of the terrorist attacks in London and Madrid in 2005. The law would require phone companies to keep information about the time of phone and fax transactions, the phone numbers of incoming and outgoing calls and the length of the calls, as well as details on emails. Opponents of the legislation argue that it will not be effective in its purpose because possible suspects can easily sign up with non-European providers and it may encourage others to do so as well. Telecommunication companies are concerned about the costs they will incur from having to store 50 times more data. European Parliament members are ready to back the law despite any reservations.
[Source: The New York Times, 12/13/2005]
Upcoming Events and Activities
2006 Alliance For Community Media International Conference and Trade Show
The Alliance for Community Media (ACM) 2006 International Conference and Trade Show will be held in Boston, Massachusetts July 6-9. The alliance is noted for working with the FCC, Congress, state legislatures and other regulatory agencies to ensure that all people regardless of race, age, gender, disability, religion or economic status have access to technology, especially Public, Educational and Governmental (PEG) television channels.
CSUN 2006 Conference on Technology and Disability: Los Angeles, CA
California State University at Northridge will host its 21st Annual International Technology and Persons with Disabilities Conference March 20-26, 2006 in Los Angeles, California. The conference is a comprehensive, international conference, where technologies across all ages; disabilities; levels of education and training; employment; and independent living are addressed. It is the largest conference of its kind. Representatives of the Wireless RERC will be in attendance.
CTIA Wireless 2006: Las Vegas, NV
The Cellular Telecommunications and Internet Association (CTIA) Wireless 2006 conference will be held in Las Vegas, Nevada April 5-7, 2006. Conference attendees represent the complete wireless, mobile computing and wireless Internet industries and the conference is the largest wireless show in the world. Representatives of the Wireless RERC will be in attendance.
NCD Quarterly Meeting
The National Council on Disability (NCD) will conduct its
next quarterly meeting on March 13–14, 2006, from 9:00 a.m until 5:00
p.m. EDT, at Disney’s Coronado Springs Resort, 1001 West Buena Vista
Drive, Lake Buena Vista, Florida. This meeting is open to the public
and free of charge.
RFID Journal LIVE! 2006: Putting RFID to Work
The RFID Journal is sponsoring a conference and exhibition
from
May 1-3, 2006 at the MGM Grand in Las Vegas. Industries that will be
represented include: Retail and Consumer Goods, Health Care and
Pharmaceutical, Defense and Aerospace, Manufacturing, and
Transportation and Logistics.
WEC’s Policy Recommendations Inform Final Rule
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