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• Microsoft Word version of February, 2006 TDPH
  
• Adobe PDF version of February 2006 TDPH
  

Contents:

• Overview
• Legislative / Policy Activities
• Regulatory Activities
• Judicial Activities
• Reports / Studies / Publications
• International Activities

• Other Activities and Items of Interest

• Wireless RERC Updates
• Upcoming Events and Activities

Overview

The month of February contained a flurry of legislative activity in the wireless arena, both at the national and state levels. Two bills were introduced, one in the House and one in the Senate, both addressing and penalizing the stealing and selling of cellphone records. Currently, over 40 Internet companies offer access (for a fee) to individual phone records and many gain access to these records by “pretexting” – or impersonating an individual to gain sensitive information. According to the bills, those who obtain another person’s phone records under false pretenses would face substantial fines and prison time. Two bills were introduced in the Senate to urge the FCC to liberate unused television broadcast airwaves known as "white spaces" in order to fuel unlicensed wireless broadband applications. The first bill, introduced by Senator George Allen (R-VA), calls for unlicensed wireless activities on any unused portion of the analog TV band, whereas the bill introduced by Senator Ted Stevens (R-AK) would free up only certain portions of the dormant spectrum. Both bills direct the FCC to conclude the rulemaking procedure.

In judicial news, a ruling is expected in the RIM/NTP case during the first few weeks of March. Justice James R. Spencer of the U.S. District Court for the Eastern District of Virginia scolded the two companies for not settling the case previously. NTP claims RIM (the maker of the popular BlackBerry wireless email device) violated its patent on the technology used to operate the BlackBerry. In regulatory affairs, the National Institute for Disability and Rehabilitation Research (NIDRR) released its Long-Range Plan for 2005-2009, which listed “five ‘domains’ as areas for expanded research efforts through 2009 in support of people with disabilities: employment; participation and community living; health and function; technology for access and function; and disability demographics.” Specifically, the document mentions the use of wireless technologies (and research in this area) to improve the quality of life for many individuals with disabilities. Finally, many conferences and other events related to technology and people with disabilities are coming up in the next few months – check out the Upcoming Events section of TDPH for more information!

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Legislative Activities

Cellphone Privacy Bills in House and Senate

February 24, 2006 – The Consumer Telephone Records Protection Act of 2006 [S.2178 and H.R. 4709] is set for markup on or around March 2 in both the Senate and House Judiciary Committees. The bills are similar and will make illegal the stealing and selling of telephone records. Those who obtain another person’s phone records under false pretenses would face substantial fines and prison time, according to the bills. A hearing, titled “Phone Records For Sale: Why Aren't Phone Records Safe From Pretexting?”, took place before the House Energy and Commerce Committee on February 1 to discuss how data thieves are obtaining phone records and how to strengthen laws to deter those actions. FCC Chairman Kevin J. Martin told the Committee that most phone records are obtained by pretexting – “when a person impersonates another to gain sensitive information such as phone records and financial data.” (CNet News, 2/3/06) During the hearing, it was estimated that at least 40 data companies are guilty of impersonating someone to gather phone records. Last month, Technology and Disability Policy Highlights reported that the FCC’s enforcement bureau is investigating how these companies obtained cellphone records and whether or not the phone companies had anything to do with the information 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. In late January, Cingular, Verizon Wireless, Sprint Nextel and T-Mobile filed lawsuits against internet companies selling cellphone records.

• Read the text of The Consumer Telephone Records Protection Act of 2006 [S. 2178]

[Sources: Library of Congress, Communications Daily, 2/24/2006; CNet News, 2/3/2006; The New York Times, 2/1/2006;and The Washington Post, 1/18/2006]

Emergency Preparedness for People with Disabilities Addressed in House

February 7, 2006 – Congressmen Jim Langevin (D-RI) and Curt Weldon (R-PA) introduced the Emergency Preparedness and Response for Individuals with Disabilities Act of 2006 [H.B. 4704]; legislation addressing the variety of issues faced by people with disabilities before, during and after a national disaster. The bill establishes a Disability Coordinator with the Department of Homeland Security (DHS), amends the Stafford Disaster Relief Act (the law that guides specific federal assistance in times of an emergency) and requires the Government Accountability Office (GAO) to conduct a national study of emergency shelters, as it is unclear how many shelters are accessible under Titles II and III of the Americans with Disabilities Act (ADA). One of the roles of the DHS Disability Coordinator is to ensure the accessibility of information about evacuation and disaster relief via telephone hotlines, websites and other broadcasts.

• Emergency Preparedness and Response for Individuals with Disabilities Act of 2006 [H.B. 4704]

[Source: Library of Congress and the National Council on Disability].

Senate Bills Address Spectrum "White Space"

February 21, 2006 – Senator George Allen (R-VA) introduced the "Wireless Innovation Act" or WINN Act [S.2327] and Senator Ted Stevens (R-AK) introduced the "American Broadband for Communities Act" or ABC Act [S.2332]. Both bills urge the FCC to liberate unused television broadcast airwaves known as "white spaces" to fuel unlicensed wireless broadband applications. The Allen bill calls for unlicensed wireless activities on any unused portion of the analog TV band, whereas the Stevens bill would free up only certain portions of the dormant spectrum. Both bills direct the FCC to conclude the rulemaking procedure [Docket No. 04-186] (Word.doc, 2 pages) initiated in 2004. The Commission must establish rules to ensure wireless applications on the band do not interfere with television signals. Consumer groups believe the measures will facilitate municipal broadband projects and other non-profit community efforts to deploy wireless networks. In particular, the freed up spectrum will enable the potential for less expensive and more pervasive wireless networks to be developed in rural and low-income areas.

[Sources: FCC, News.com (02/21), Consumers Union, Spectrum Policy]

California: Bill Bans Toxins in Cellphones

February 23, 2006 – California Assembly Member Lori Saldana (D- San Diego) introduced a bill [A.B. 2202] that would require the manufacturers of battery-operated devices (such as cellphones and iPods) to stop using hazardous materials in the production of these items. California is attempting to follow the example set by the European Union, which has called for the phasing out of toxic materials in the making of consumer electronics. In addition to environmental damage, the toxic materials used in these products can damage nervous, kidney and reproductive systems.

[Source: Reuters]

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Regulatory Activities

FCC Considers Modification to Auction Rules for Advanced Wireless Services Auction

February 3, 2006 – The FCC released a Further Notice of Proposed Rulemaking [FCC 06-8 (Word.doc)] to facilitate the participation of small businesses in competitive bidding, specifically in the Advanced Wireless Services (AWS) Auction slated for June 29, 2006. In the past, the FCC has encouraged small businesses to participate in the auction process by offering bidding credits and reserving spectrum blocks specifically for small businesses. In this NPRM the FCC seeks comment on whether it should "restrict the award of [designated entity (DE)] benefits in cases where an otherwise qualified DE has a 'material relationship' with a large entity that has a significant interest in the provision of communications services, such as voice or data providers, content providers, equipment manufacturers, other media interests, and/or facilities or non-facilities based communications services providers." In early February, the Bush administration projected that the sale of U.S. wireless communications licenses will raise approximately $25 billion between 2007 and 2009. NPRM Reply Comment due date: March 3, 2006.

• FCC Notice on Modification to Auction Rules for Advanced Wireless Services Auction (Word.doc)
  

[Source: FCC and Reuters]

NIDRR Releases Long-Range Plan for Years 2005-2009

February 15, 2006 – The National Institute on Disability and Rehabilitation Research (NIDRR) released its latest Long-Range Plan, the document that guides NIDRR-supported research. The agency revised the document to reflect the public comment received in 2005. “The final plan emphasizes five ‘domains’ as areas for expanded research efforts through 2009 in support of people with disabilities: employment; participation and community living; health and function; technology for access and function; and disability demographics.” Several times, the document mentions the use of wireless technologies (and research in this area) to improve the quality of life for many individuals with disabilities. A new addition to the Plan this year is emergency preparedness in the discussion of the national policy context for NIDRR research.

• Read the full text of the NIDRR Long-Range Plan

[Source: NIDRR]

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Judicial Activities

March Ruling Expected in RIM, NTP Case

Feburary 25, 2006 – Judge James R. Spencer of the U.S. District Court for the Eastern District of Virginia scolded BlackBerry maker Research in Motion Ltd. (RIM) and patent-holding firmNTP Inc. for failing to settle their patent infringement suit. His ruling in the case is expected within the first few weeks of March. The dispute, originally settled by a Virginia jury in 2002, could lead to financial penalties for RIM and an injunction granted for NTP which would essentially shut down RIM’s business in the United States. Justice Spencer denied a request by the Department of Justice (DOJ) for additional proceedings on the exemption of government users from a potential BlackBerry service shutdown. In case of an injunction, RIM stated that it has “workaround technology” that sidesteps NTP’s patents and can be implemented by the more than three million U.S. users of its BlackBerry technology. In 2005, NTP offered to settle the dispute for a ‘one-time cash payment equal to 5.7% of BlackBerry’s U.S. sales through 2012, when the last of NTP’s patents would run out.” (The New York Times, 2/25/2006) RIM declined the offer, which was estimated at $1 billion.

[Sources: The New York Times, 2/25/2006; and Reuters, 2/21/2006]

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Reports / Studies / Publications

A Call for Papers on Assistive Technology

Assistive Technology, a journal focusing on AT, has issued a call for papers for its special issue on disability policy and law that will be published in winter 2006. This issue of Assistive Technology will commemorate the 15th Anniversary of the ADA by examining its impact on the development of accessible technology and how it has changed the access to and use of technology by people with disabilities.

The editors encourage the submission of case studies, empirical research and policy and legal analysis that include a fresh exploration of the ADA and the barriers and opportunities it has created for people with disabilities with respect to technology. In addition, the authors encourage the submission of articles on technologies or policies and laws that are not currently covered under the ADA but perhaps should be included in the future. For example, some possible topics might include the Internet, emergency communications technologies, and the universal design of technologies.

Potential contributors are encouraged to familiarize themselves with previous issues of Assistive Technology, and to discuss their ideas with the Guest Editors, Paul M.A. Baker, Kevin Caves and Peter Blanck. For consideration, abstracts or article proposals should be submitted by May 15, 2006, with notification of proposal acceptance by June 15, 2006, and final papers being due by September 1, 2006.

RERC Publication: "Your Guide to Choosing a Cell Phone"

The Wireless RERC publication, "Your Guide to Choosing a Cell Phone," can be downloaded in accessible format from www.wirelessrerc.org, as well. Or you can get a paper copy of the survey and a FREE pocket-size paper copy of "Your Guide to Choosing a Cell Phone" from Lynne Broderick, Shepherd Center/Wireless RERC, at (404) 367-1348 or (800) 582-6360.

Seeking Input from Employers

February 1, 2006 – The Rehabilitation Engineering Research Center (RERC) on Workplace Accommodations is developing a Business Advisory Network for employers and business professionals who employ individuals with disabilities and are involved in providing workplace accommodations. The network will serve as a means of gaining business perspective on workplace products and services presently and in the future.

• To learn more or join the Business Advisory Network, contact Dory Sabata at dory.sabata@coa.gatech.edu or 1-800-726-9119 (voice/tty).
  

SHRM Article on Assistive Technology

February 1, 2006 - The Society for Human Resource Management’s (SHRM) HR Magazine featured an article titled “High Tech Enables Employees,” examining the way assistive technology makes the workplace more accessible and workers with disabilities to be more productive. Today, there are a number of assistive technology tools available to aid employees with disabilities in the workplace. These tools help those affected by impairments in vision, speech, hearing or mobility. The article addressed how these tools will help decrease the unemployment rate among people with disabilities. The piece also discussed the misconception of many employers that assistive technology is expensive and that it is a financial challenge to obtain. In fact, a study by the Employment Assistance & Recruiting Network found that prices for some tools are approximately $500 per person or less and companies may also defray costs by having an individual’s insurance or a government program pay the cost.

• Read the entire article "High Tech Enables Employees"
  

[Source: HR Magazine, Feb. 2006]

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International Activities

European Commission Addresses High Roaming Charges

February 20, 2006 – This spring, the European Commission will seek powers to cut roaming charges for mobile phone users unless European wireless providers cut the prices. “Regulations that would curtail premium charges for phone users calling abroad could take effect in summer 2007.” The penetration rate of mobile phones in Europe reached 92.8 percent in October 2005, up from 86 percent one year earlier.

[Source: MSNBC]

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Other Activities and Items of Interest

ICDR Seeks Input on Research for Emergency Preparedness and People with Disabilities

February 24, 2005 – The Interagency Committee on Disability Research (ICDR) and the Interagency Coordinating Council on Emergency Preparedness and People with Disabilities ( ICC) are seeking input from stakeholders on the research needs in the area of emergency preparedness for people with disabilities. Research needs can include a wide variety of areas, including accessible wireless communications during emergencies or training emergency personnel on the needs of individuals with disabilities. Comments received will be analyzed by the ICC and recommendations will be made for future directions for federal research efforts in disability.

• A public comment form on Research for Emergency Preparedness and People with Disabilities

[Sources: ICC and National Council on Disability]

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Wireless RERC Updates

Wireless RERC Recognized for Comments filed in the EAS NPRM and files comments in the January 2006 FNPRM

In August 2004 the FCC issued a Notice of Proposed Rulemaking (EAS NPRM), calling for comments regarding updating the Emergency Alert System (EAS). On Nov. 3. 2005 a First Report & Order (R&O) and a Further Notice of Proposed Rulemaking (FNPRM) was approved and adopted by the full Commission. The Wireless RERC received recognition in the First Report & Order regarding updating the Emergency Alert System (EAS).

The policy arm of the Wireless RERC is pleased to inform you that our comments were cited THREE times within the text of the R&O, and the NPRM. We are also footnoted within the text. This is especially significant given

• There were comments filed by more than 160 entities.
• The FCC usually takes a conservative stance on the role of more advanced technology systems in emergency communications, and
• The FCC recognized the critical need for people with disabilities to be able to receive emergency notifications via multiple alternative sources of information.

Specifically the FCC noted the Wireless RERC comments on digital advanced (wireless) technology quoting our remarks:

" In addition, we conclude that when a DTV broadcaster participates in EAS activations, it must provide the EAS message to viewers of all program streams that the DTV broadcaster provides over a particular channel. [1] All DTV viewers should have access to the potentially life-saving emergency information contained in EAS messages. We agree with commenters that argue that EAS messages should be transmitted on all program streams.[2] The RERC Wireless supports requiring DTV broadcasters to transmit EAS messages on all program streams, contending that EAS messages are too important to risk missing because a person is tuned to the wrong channel.[3] Most commenters agree that in order for a digitally-based alert and warning system to be distributed simultaneously over multiple platforms, a common messaging protocol must be adopted."

You can read the areas in which our comments are noted by reviewing paragraphs 23, 36 and 67 and the corresponding footnotes. Also check out paragraphs 74-80 which specifically addresses Accessibility for Persons with Disabilities. The large number of paragraphs dedicated to this discussion is highly unusual and definitely indicates that the FCC is taking seriously the needs of people with disabilities in this proceeding.
The Wireless RERC also filed comments in the FNPRM on January 24, 2006. A copy of our comments can be found on our website.