June - July, 2006 Technology and Disability Policy Highlights
Volume: 6.06 June / July, 2006
Other Available Formats
Contents:
- Overview
- Legislative Activities
- Judicial Activities
- Regulatory Activities
- Reports / Studies / Publications
- Other Activities and Items of Interest
- RERC Updates
- Upcoming Events
Overview
Wireless and emergency communications have been hot topics on Capitol Hill this summer, and several pieces of legislation have been introduced pertaining to these issue areas. President Bush issued an Executive Order (EO) calling for an overhaul of the Emergency Alert System (EAS) in which emergency alerts could be communicated to citizens via their wireless devices. Following the President’s EO, the Warning, Alert and Response Network Act, or WARN Act [HR 5785] was introduced in the House and calls for a voluntary national alert system that would be implemented through cooperation between the government and the private sector. On the regulatory front, the FCC also has emergency communications on its agenda, as it issued a Public Notice [FCC 06-1524] calling for comment on the recommendations of the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks. The Independent Panel was established by FCC Chairman Kevin Martin to review (and make recommendations on) the impact of Hurricane Katrina on the telecommunications and media infrastructure in the areas affected by Hurricane Katrina.
Net neutrality, or making sure that all Internet traffic is given
the same priority without regard to its origin or destination, has also
been a major topic in Washington this summer.
The Senate Commerce Committee failed to approve a Net neutrality
amendment to Communications, Consumer’s Choice, and Broadband
Deployment Act of 2006 [S. 2686], presenting
a setback to eBay, Google, Amazon.com and similar companies that had
made enacting Net neutrality rules a priority for 2006. The vote was a
victory for companies providing cellular and mobile communications, who
have joined the larger phone and cable companies in their opposition to
net neutrality. Wireless companies fear that net neutrality will drive
away the investment the industry needs to continue building the
infrastructure, design the devices and operate the evolving networks
needed to sustain consumer demand for more advanced mobile
services.
Legislative Activities
President Bush Calls for EAS Update – House Proposes Legislation
June 26, 2006 – President Bush issued an Executive Order (EO) calling for Department of Homeland Security Secretary Michael Chertoff to completely overhaul the country’s public warning systems. The Emergency Alert System (EAS) is best known for its weather bulletins and its Amber Alerts for missing children. In the days after 9/11 and Hurricane Katrina, many weaknesses of the EAS were brought to light. Subsequently, President Bush issued an EO directing that the system be upgraded to alert the public via cell phones, personal digital assistants, text pagers and other wireless devices targeted to geographic areas or particular groups of people. By reaching the public through wireless devices, the President hopes to reach the largest possible audience in times of crisis. Of the various groups of people with disabilities, people who are deaf and who have a hearing loss stand to benefit from text communication from the EAS, as members of this group often communicate frequently through text communication and mobile devices.
Following the President’s EO, legislation was introduced in the House by John Shimkus (R-IL) and Albery Wynn (D-MD) (the Warning, Alert and Response Network Act, or WARN Act [HR 5785]) calling for the “government and the private sector to devise a ‘voluntary’ national alert system capable of transmitting messages ‘across the greatest possible variety of communications technologies’ including wireless devices and the Internet,” (CNET News, 7/20/06). Fred Upton (R-MI) said in response to the legislation, “What we must strive for is an emergency system that leaves no one behind.” The WARN Act would not require that emergency alerts be sent to wireless devices. Instead, it would create a new government office and a working group comprised of federal, state and local government representatives and industry experts. The working group would have a year from the law’s passage to recommend guidelines, technological standards and other protocols for a new alert system. The WARN Act was praised by CTIA-The Wireless Association for allowing industry to play an active role in setting standards and expanding the system. CTIA representatives said that without industry involvement, wireless phone users and manufacturers could run the risk of having to exchange “billions of dollars worth of handsets that don’t work with EAS.” (CNET News, 7/20/06). Critics of the proposed alert network cite it as an expensive government undertaking that is not of great need in an era of readily available news.
[Sources: The White House; U.S. Congress; CNET News,
7/20/2006]
Wireless Industry Addresses Net Neutrality Before Senate Commerce Committee
July 14, 2006 – The Senate Commerce Committee failed to approve a Net neutrality amendment to Communications, Consumer’s Choice, and Broadband Deployment Act of 2006 [S. 2686] that would have ensured that all Internet traffic is given the same priority without regard to its origin or destination. The vote dealt a setback to companies like eBay, Google and Amazon.com that had made enacting Net neutrality rules a priority for 2006. The vote was a victory for companies providing cellular and mobile communications, who have joined the larger phone and cable companies in their opposition to net neutrality. In his May 2006 testimony before the Senate Commerce Committee, CTIA President Steve Largent expressed the wireless industry’s concerns with Net neutrality. According to Largent, “the wireless industry is very concerned that the proposed Net neutrality regulations being contemplated will drive away the investment the industry needs to continue building the infrastructure, design the devices and operate the evolving networks needed to sustain consumer demand for more advanced mobile services. The industry is also concerned that many of the unintended consequences that would flow from some of the Net neutrality regulations being considered would have a particularly negative impact on wireless consumers.” (Senate Commerce Committee, 5/18/2006). After voting against the Net neutrality amendment, the Senators voted in favor of sending the broader telecommunications bill to the full Senate for a vote. Verizon wireless urged the Senate for a quick approval of the bill, claiming a delay would hold up video competition and cost “consumers billions of dollars a year in higher cable bills.” (CNET News, 7/14, 2006).
[Sources: Senate Commerce Committee and CNET News]
Georgia: Funding Announced for Wireless Networks
June 6, 2006 – The state of Georgia has established the Wireless Communities Georgia program in which it will provide funding for at least three communities to establish wireless broadband networks in local communities. The Georgia General Assembly approved, at Governor Sonny Perdue’s request, a total of $4 million to fund the program, which will be managed by the Georgia Technology Authority. The program is part of Perdue’s commitment to ensure the availability of broadband connections in every Georgia community. To date, the program has received 17 applications from Georgia communities. A decision is due September 1, 2006. A separate program managed by the One Georgia Authority will provide $5 million to rural communities establishing any kind of broadband network.
[Sources: Georgia Technology Authority and Government Technology, 6/6/06]
Judicial Activities
Gabelli Settles FCC Auction Case
July 29, 2006 – Mario Gabelli, along with 38 affiliated individuals and companies, have agreed to pay $130 million to resolve civil fraud allegations that Gabelli controlled the bidding for FCC wireless licenses for independent agencies. Gabelli, a money manager who has admitted to no wrongdoing, received clearance to bid in FCC airwave auctions, despite the fact that he is alleged to have defrauded the government in spectrum sales. Gabelli is alleged to have created sham firms to win small-business discounts during the FCC spectrum auctions. As a result of the lawsuit, the FCC has increased its scrutiny of applicants for future spectrum auctions. Some FCC officials expressed opposition to Gabelli’s participation because of the fraud suit, with FCC Commissioner Jonathan Adelstein noting that Gabelli’s participation should have been taken up as part of the Justice Department settlement. [Sources: The Wall Street Journal, 7/29/2006, B2 and The Washington Post, 7/14/2006]
Regulatory Activities
FCC Clarifies Wireless HAC Standard
June 6, 2006 – In the Hearing Aid Compatibility Report and Order [01-309], the FCC required that digital wireless phones be able to operate effectively with hearing aids based on certain performance measurement standards set by the Accredited Standards Committee (ASC), the draft version of which were recognized by the FCC in April 2005. The American National Standard for Methods of Measurement of Compatibility between Wireless Communication Devices and Hearing Aids (ANSI C63.19-2006) was adopted and released by the ASC in April 2006, with the encouragement that the FCC immediately adopt this version of the C63.19 standard for measuring and rating wireless devices’ compatibility with hearing aids. The Alliance for Telecommunications Industry Solutions (ATIS) members also submitted a similar request. After review by the FCC’s Wireless Telecommunications Bureau (WTB), the standard was approved and the FCC’s Office of Engineering and Technology (OET) will immediately accept applications for certification of equipment tested and rated under the revised standard. Revised HAC standards are a positive regulatory change for people with disabilities who need to ensure the compatibility of their communication devices with their assistive technology.
[Source: FCC]
FCC Considers Charges to Wireless and VoIP
June 1, 2006 – FCC Chairman Kevin Martin introduced a plan that would require Internet phone companies to pay (for the first time) directly into the Universal Service Fund (USF) – a fund that subsidizes phone services for rural and low-income consumers. Under Martin’s plan, contributions by “wireless companies that use the FCC’s default cap instead of itemizing revenue” are expected to increase by approximately 9%. VoIP companies would be charged an even higher rate under the plan. Martin originally proposed a plan that charged a fee per phone number on all customers, rather than changes to the current system. Groups, such as the National Education Association and the American Association of People with Disabilities rallied to stall the plan, citing that it would unfairly place more of a financial burden on low-income consumers.
[Source: The Wall Street Journal, 6/1/2006, A13]
FCC Requests Comment on Katrina Report
July 26, 2006 – The FCC issued a Public Notice [FCC 06-1524] calling for comment on the recommendations of the Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks. The Independent Panel was established by FCC Chairman Kevin Martin in January 2006 to review the impact of Hurricane Katrina on the telecommunications and media infrastructure in the areas affected by Hurricane Katrina and make recommendations to the Commission. The Independent Panel’s recommendations were released in a June 2006 Notice of Proposed Rulemaking [FCC 06-83]. The NPRM initiated a comprehensive rulemaking to address and implement the Panel’s recommendations. The Panel’s recommendations were categorized into four areas:
- pre-positioning the communications industry and the government for disasters in order to achieve greater network reliability and resiliency;
- improving recovery coordination to address existing shortcomings and to maximize the use of existing resources;
- improving the operability or interoperability of public safety and 911 communications in times of crisis; and
- improving communication of emergency information to the public.
The FCC has requested that parties filing comments address the applicability of the Independent Panel’s recommendations to all types of disasters including earthquakes, floods, and forest fires. Comments are due on or before August 7, 2006 and reply comments are due on or before August 21, 2006.
[Source: FCC]
JetBlue Unit Wins FCC Airwaves Auction
June 2, 2006 – Air travelers are closer to having fast Internet connections aboard U.S. commercial airline flights, now that JetBlue Airways Corp. and another company, AC BidCo., won FCC licenses for airborne communications services. Both companies are expected to offer travelers a wide variety of communications services, such as voice, Internet access, or email, during flights. By purchasing the licenses from the FCC, the companies have agreed to provide these services within five years. The FCC raised a total of $38.3 million and proceeds will go to the U.S. Treasury. The new licenses do not give passengers the right to use their cell phones while in flight, as the FCC and the Federal Aviation Administration are still examining this issue.
[Sources: FCC; Reuters, 6/2/2006]
McDowell Joins FCC Commission
June 1, 2006 – Robert McDowell was sworn in by Chairman Kevin Martin as a member of the Federal Communications Commission (FCC). McDowell has nearly sixteen years of experience in the communications industry. His most recent position was that of senior vice president and assistant general counsel for COMPTEL, an association representing competitive facilities-based telecommunications service providers, emerging VoIP providers, integrated communications companies and their supplier partners. McDowell’s term runs until June 30, 2009.
[Source: FCC]
Reports / Studies / Publications
Coleman Institute Develops AT Literature Database
June 15, 2006 – The Coleman Institute, part of the University System of Colorado, has developed the Assistive Technology Literature Database which is designed to “provide a comprehensive, searchable bibliography summarizing research on cognitive technologies utilized by persons with intellectual and developmental disabilities.” “This database is a collaboration between the Coleman Institute and the University of Minnesota Rehabilitation Research and Training Center on Community Living, which is funded by the National Institute on Disability and Rehabilitation Research (NIDRR), U.S. Department of Education. The database is structured to allow visitors to identify research articles relevant to their specific needs. Users can enter a specific search term below, or go to the ‘advanced search’ page where the database can be searched by keyword, author name, journal, category of assistive technology, or other fields.”
[Source: The Coleman Institute]
Other Activities and Items of Interest
Nokia-Neil Squire Society Produce Hands-Free Adapter
July 7, 2006 – Nokia and the Neil Squire Society, a Canadian research and development and service delivery organization, are collaborating on the development of new technologies designed to make wireless communication accessible to people with severe mobility and dexterity impairments. One of the initial outputs from this collaboration is the Hands Free Adapter (HFA), which makes cellular phone operations accessible by using various alternative input switches commonly used by individuals with mobility impairments. The HFA will be available for select Nokia phones and is expected to be commercially available online and through North American assistive technology stores during the fall of 2006.
[Source: The Neil Squire Society]
RERC Updates
Hearing Aid Compatibility Survey
Please take a couple minutes to tell us about your experience using your hearing aids with a cell phone:
Wireless RERC Project Featured in Baltimore Sun Article
June 4, 2006 – RERC Project Director Leanne West’s Wearable Captioning Device was featured in a June Baltimore Sun article titled “ March of technology opens doors to deaf.”
Upcoming Events
The Future of Disability Statistics: What We Know and Need To Know
The Cornell University Rehabilitation Research and Training Center on Disability Demographics and Statistics ( StatsRRTC) will be hosting a State-of-the-Science Conference entitled The Future of Disability Statistics: What We Know and Need to Know. The event will be held October 5 & 6th in Arlington, Virginia. Its focus will be on current statistics on the characteristics and status of working-age people with disabilities derived from current survey and administrative data. The conference will also consider options for improving future data collection and data distribution efforts.
WEC Files Comments Regarding Service Rules for Public Safety Spectrum
ASSETS 2008
