March, 2006 Technology and Disability Policy Highlights
Volume: 6.03 March, 2006
Other Available Formats
Contents:
- Overview
- Legislative Activities
- Regulatory Activities
- Judicial Activities
- Reports / Studies / Publications
- International Activities
- Upcoming Events and Activities
- Wireless RERC Updates
Overview
During the month of March there was much legislative activity regarding the upcoming rewrite of the Telecommunications Act of 1996. Members of both the Senate Commerce Committee and the House Energy Commerce Committee have held meetings and hearings regarding what should be included in the new bill, such as video services protocol for telephone, wireless and cable companies. New policies that addressed the improvement of telecommunications service in rural areas were also addressed. One such policy addressed expanding the Universal Service Fund to include broadband services and the other involved allowing unlicensed wireless broadband companies to operate on open television channels.
Within the regulatory arena, Robert McDowell’s nomination to the vacant seat on the Federal Communications Commission (FCC) was approved by the Senate Commerce Committee and currently awaits full Senate consideration. There was also much activity involving procedures and services for public safety and emergency management. The FCC voted to create a public safety and homeland security bureau that will be responsible for spectrum licensing for public safety agencies and emergency management. Of the new division’s responsibilities is the regulation of emergency alert and warning systems, the accessibility of which is of particular importance to people with disabilities. In judicial news, Research in Motion (RIM) settled its patent dispute with NTP over its Blackberry technology. In other news, the director of the National Organization on Disability’s (NOD’s) Emergency Preparedness Initiative (EPI) presented to the FCC Panel on Communication Networks. The meeting addressed the following
- the impact of Hurricane Katrina on the telecommunications and media infrastructure including public safety communications;
- the sufficiency and effectiveness of the recovery effort with respect to this infrastructure; and
- ways to improve disaster preparedness, network reliability and communications among first responders such as police, fire fighters and emergency medical personnel.
Styron focused on the importance of communication technology in emergencies to provide early alert and notification to individuals with disabilities.
Legislative Activities
Bills Would Allow Wireless ISPs to Use Vacant Airwaves
March 13, 2006 – Two recently introduced Senate bills - [S.2332] the American Broadband for Communities Act and [S.2327] the Wireless Innovation Act - could require the FCC to issue rules that allow unlicensed wireless broadband providers to use available frequencies between those channels allotted to television broadcast. These proposals would provide high-speed wireless access to underserved, sparsely populated rural areas through the use of antennas and free, unlicensed spectrum instead of wires, which can be costly in these areas. These proposals are aimed at pushing forward the goal of affordable universal broadband accessibility, as decreased costs for providers would entice them to expand the area of broadband service. Some opposition exists from TV broadcasters who fear that the use of broadband spectrum will disrupt the transition to digital tele-broadcasting and will interfere with consumers’ ability to watch local television stations. FCC Chairman Kevin Martin has not acted on the matter out of concerns that the wireless broadband will disrupt broadcasters as they shuffle channels in the switch to digital. As part of the switch, some television stations are moving to new channels within the broadband spectrum. These proposals are gaining strong bipartisan support and are rumored to be on the agenda for discussion at an upcoming Senate Commerce Committee hearing.
[Sources: Library of Congress and USA Today,
3/13/2006]
Congress Contemplates Convergence
March 30, 2006 – During its last hearing on communications issues before it begins mark ups on an update of the 1996 Telecommunications Act, the Senate Commerce Committee heard arguments from a variety of viewpoints on the effect of technological convergence on competition. Co-Chairman Daniel Inouye (D-HI) argued that a separate hearing was needed for the BellSouth/AT&T merger because of its enormous impact on the telecommunications industry. Inouye said although he had initial reservations about the convergence, he felt it had produced new options for consumers similar to the intended goal for the 1996 Telecommunications Act. Stevens also stated that the committee is looking to even the playing field between cable, phone and satellite providers which have the potential to provide similar services, while pursuing the most deregulatory direction that will benefit consumers. Other concerns raised included discrimination in Internet service, spectrum set-asides for unlicensed wireless devices and phone interconnection for cable voice services.
[Source: Senate Commerce Committee and Broadcasting &
Cable, 3/30/2006]
Reinstatement of Video Description in TV Programming
March 21, 2006 – In 2002, the FCC required that broadcasters in the top television markets produce a limited amount of audio-described programming. However, shortly afterward, the requirement was overturned in federal court due to arguments from the broadcasting and motion picture industries that the FCC had exceeded its authority. Recent work by advocates for the blind has led to the introduction of two pieces of legislation in Congress. The bills are the TIVI Act (Television Information-Enhancement for the Visually Impaired Act) [S. 900], introduced by Sen. McCain, and the Video Description Restoration Act of 2005 [HB 951] introduced by Congressman Edward Markey, which if passed will reinstate video description television programming.
[Sources: Library of Congress and AAPD]
Senate Commerce Committee Votes to Approve McDowell to FCC Commission
March 16, 2006 – The Senate Commerce Committee has decided to approve the appointment of Robert McDowell, a telecommunications lawyer, to a vacant seat on the Federal Communications Commission (FCC). However, the nomination now requires approval from the full Senate, and Sen. John Rockefeller (D-WV) has placed a hold on McDowell’s nomination to the Commission. The addition of McDowell to the FCC would give Chairman Kevin Martin a working majority of Republicans on the Commission. McDowell, who currently serves as Senior Vice President at Comptel, a lobbying group composed of Bell competitors, faced some questions during the hearing about his ability to be unbiased to regional Bell operating companies.
[Source: Technology Daily, 3/16/2006 &
Reuters, 3/27/2006]
Senators Support New Broadband Taxes
February 28, 2006 – At a recent hearing held by the Senate Commerce Committee, several senators from largely rural states argued for an expansion of the Universal Service Fund (USF). These senators want to make USF contributions “technology neutral, which for many means including broadband services both as required contributors to the fund. The USF is a multibillion dollar pool of money that is used to subsidize telecommunications services in rural areas. Currently, long-distance, wireless, pay-phone and wireline telephone services must give a percentage of their revenue to the fund, a cost that usually gets transferred to the customer as an additional fee. However, revenues available from the fund have declined because current law does not have provisions for the increase in services like voice over internet protocol (VoIP). There is general support among senators for USF reform but individual priorities differ. The FCC is currently looking at the issue and trying to develop a proper methodology for determining payment into the fund.
[Source: Senate Commerce Committee and CNet News.com,
2/28/2006]
Wireless Entrepreneurs: Can You Hear Us Now?
March 14, 2006 – Members of the Senate Commerce Committee are in agreement that legislation is needed to address the issue of freeing up spectrum for wireless devices. Catherine Seidel, Acting Bureau Chief of the FCC Wireless Telecommunications Bureau, described the FCC’s approach as one of balance and flexibility that will allow more efficient use of the spectrum, rather than developing a strict regulatory framework. However, broadcasters are concerned that if unlicensed devices operate in the broadcast band, it could be difficult to control them if they began to cause interference. Some legislators are concerned that the FCC will develop a policy meant to encourage minority and female bidders in spectrum auctions, as some large companies have been lining up such buyers then buying the spectrum back from them after they win at a much lower price. Senate Commerce Chairman Ted Stevens (R-AL) said that with communications hearings coming to a close, he is not sure there will time to act on any unlicensed wireless proposal during this session.
[Sources: FCC Wireless Telecommunications Bureau and Broadcasting & Cable, 3/14/2006]
Regulatory Activities
David L. Bibb Elected Chair of the Access
Board
March 24, 2006 – The US Access Board recently elected David L. Bibb as
its new chairman. Bibb is currently Acting Administrator of the General
Services Administration (GSA) and represents
GSA on the Board. Bibb has had 35 years of service with the GSA in a
variety of capacities. “The Access Board is an independent Federal
agency devoted to accessibility for people with disabilities. Created
in 1973 to ensure access to federally funded facilities, the Board is
now a leading source of information on accessible design. The Board
develops and maintains design criteria for the built environment,
transit vehicles, telecommunications equipment, and for electronic and
information technology.”
[Source: US Access Board]
FCC Approves Telecom Relay Services (TRS) Reporting Requirements
March 1, 2006 – Under Section 3507(d) of the Paperwork Reduction Act of 1995, the Office of Management and Budget (OMB) approved the information collection requirements within the Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order, Order on Reconstruction [FCC 05-203]. The OMB approval pertains to the new recordkeeping and reporting requirements for the TRS mandatory minimum standards as they apply to carriers proposing to offer Video Relay Service (VRS) and Internet-Protocol (IP) Service. These requirements have been approved for three years and officially went into effect March 8, 2006, the date the notice was published in the Federal Register.
[Source: FCC]
FCC Seeks Comment on Proposal for Modifying Public Safety Spectrum
March 17, 2006 – In an Eighth Notice of Proposed Rulemaking (NPRM) [FCC 06-34], the FCC is seeking comments on whether certain channels within the 24MHz of spectrum in the 700 MHz band, which is currently allocated for public safety use, should be reconfigured to accommodate broadband communications. Currently the public safety spectrum is being used by television broadcasters for the digital television transition but will become available for pubic safety agency use in 2009. The commission has tentatively decided not to reconfigure the wideband portion of the spectrum for broadband use but is requesting comment on specific proposals for broadband use that have been submitted by certain companies.
[Source: FCC]
FCC Votes to Create Public Safety and Homeland Security Bureau
March 17, 2006 – The FCC recently voted unanimously to establish a new Public Safety and Homeland Security Bureau. The FCC will separate the licensing of public safety spectrum from that of other wireless services and move it to the newly created bureau. The new division will be responsible for things like disaster management, spectrum licensing for public safety agencies, 911 call centers and alert and warning systems. Accessible emergency communication is of particular importance to people with disabilities. The new bureau will be divided into three divisions, policy, public communications & operations, and communications systems analysis. The change will not go into effect until Congress has been officially notified and workforce union approval is secured.
- Word.doc version: FCC press release on Public Safety and Homeland Security Bureau
- PDF format: FCC press release on Public Safety and Homeland Security Bureau
[Source: FCC]
Upcoming FCC Consumer Advisory Committee Meeting
March 14, 2006- The FCC Consumer Advisory Committee (CAC) will hold its next meeting on Friday, April 7, 2006. The meeting, which will be open to the public, will allow recommendations to be made to the Commission regarding consumer issues within the jurisdiction of the Commission. The agenda will involve the following:
- Briefings by FCC staff regarding Agency activities;
- A report and recommendations from the CAC’s TRS Working Group regarding speech-to-speech call standards, captioned telephony, IP and VRS provider certification, and description of VRS service;
- A report and recommendation from the CAC’s Media Working Group regarding media ownership rules;
- A report and recommendations from the CAC’s Advanced Technologies Working Group regarding capabilities of digital-to-analog set-top boxes, closed captioning related to digital television and multicast channels, and a proposed consumer/disability impact statement for inclusion in FCC proceedings; and
- Reports from the CAC’s Consumer Affairs and Rural Working Groups regarding their activities.
[Source: FCC]
Update of Section 508 Standards Top Access Board Rulemaking Plan
March 3, 2006 – The United States Access Board plans to take steps this summer towards reviewing and updating the standards for electronic and information technology as covered by Section 508 of the Rehabilitation Act. The review is an attempt to keep standards up to date with new or convergent types of technologies. The board plans to update its guidelines for telecommunications products covered by the Telecommunications Act. An advisory committee will be formed to review the standards and guidelines and recommend changes to the Board. The Board believes that international cooperation on this issue is important to the advancement of global harmonization and standardization and it will try to coordinate its work with international agencies such as the European Union (EU). Additional rulemaking efforts under consideration by the Board include an update of its accessibility guidelines for transportation vehicles and communication access.
[Source: US Access Board]
Judicial Activities
RIM & NTP Settle Blackberry Patent Dispute
March 3, 2006 – A few days before a judge was to issue an injunction on the Blackberry e-mail service, NTP, the patent holding company of Blackberry technology, dropped its lawsuit against Research in Motion (RIM), the maker of the device. RIM paid NTP $612.5 million in exchange for full settlement of the case. The announcement followed three days of negotiation in the case as well as setbacks for NTP at the United States Patent and Trademark Office, where the three patents involved in the case were rejected. RIM was able to avoid installing alternative e-mail software that they claimed would have worked around NTP’s patent claims but would have been costly and time-consuming.
[Source: The Associated Press, 3/3/2006 and The New York Times, 3/4/3006]
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. 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
discuss their ideas with the Guest Editors, Paul M.A. Baker, (paul.baker@cacp.gatech.edu);
Kevin Caves (kevin.caves@duke.edu); and Peter Blanck (pblanck@syr.edu). 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.
Municipal Wi-Fi Expected to Increase Dramatically Over the Next Five Years
March 15, 2006 – A new report by ABI Research states that municipal Wi-Fi networks are expected to cover 126, 000 sq. miles worldwide by 2010 as compared to the current number of 1,500 square miles. ABI says the growth of municipal Wi-Fi is a result of several trends, including use of the wireless networks for public safety and increased efficiency. Also, alternative ISPs see Wi-Fi mesh networking as an inexpensive way to compete with incumbent service providers, and to provide broadband access to underserved areas.
[Source: Networking Pipeline, 3/15/2006]
NIDRR Seeks Peer Reviewers in Emergency Preparedness and Disability
March 21, .2006 – The National Institute on Disability and Rehabilitation Research (NIDRR) announced that it has included an emergency preparedness criterion in its Long Range Plan for FY 2005-2009. NIDRR’s long range plan lists the following five areas of research—employment, participation and living in the community, health and function, technology for access and function and disability demographics.
NIDRR is seeking potential peer reviewers for future research and projects in the area of emergency preparedness and disability and encourage interested individuals to submit resumes. The agency is looking for peer reviewers with expertise in research, statistics, and/or engineering who also have expertise in any of the myriad issues related to emergency preparedness, mitigation, response and recovery for people with disabilities. Reviewers are required to evaluate applications based on a series of criteria in areas such as research design, development, technical assistance, and dissemination.
- Resumes should be sent to bonnie.gracer@ed.gov for consideration.
[Source: NIDRR]
Research Finds Local Government Spending on Mobile and Wireless to Rise
March 17, 2006 – A new report by Juniper Research finds that the global market for mobile and wireless hardware, software and services will rise exponentially over the next five years. Juniper’s industry research program found that wireless networks need to be capable of interoperating with 2G and 3G systems for mobile systems in the future. WiFi has been widely used since 2002 for wireless broadband in local government networks but the much greater range and higher data-transfer speeds of WiMAX will drive its emergence as a wide-area broadband infrastructure solution for local authorities. According to the report, local government’s spending on mobile and wireless will rise from $0.12 billion to $1.3 billion in 2010. Portable and handheld end-user telecommunications devices will form the largest component of overall local government expenditure on mobile and wireless systems will generate revenues of $3.4 billion by 2010.
[Source: Juniper Research and Government Technology, 3/17/2006]
Other Activities and Items of Interest
AT&T and BellSouth Announce Possible Merger
March 6, 2006 – AT&T recently announced it plans to purchase BellSouth Corp., the country’s third largest phone company, which operates in the Southeastern portion of the United States. AT&T is expected to pay $65 billion for BellSouth. The purchase would create a giant telephone company could reunite four of the Baby Bells created as a result of the 1984 breakup of Ma Bell. Although AT&T will assume a $22 billion debt, the deal carries a market capitalization of $167 billion, making it the largest telecommunications operator in the world. Despite these numbers, the combined company faces major competition from rivals in the race to dominate telecommunications, television and the internet.
A combined AT&T and BellSouth would face stiff pressure from the cable industry and other companies that are moving into the phone business. The increasing use of e-mail, cell phones and other technology continues to erode the number of traditional (wirline) phone lines in use. And while Verizon and AT&T are slowly moving into video program delivery, the construction of networks to carry their programming is proving very expensive. Opponents of this deal argue that it will reduce competition and raise prices for consumers. Some observers believe that the proposed merger could have an impact on provisions in the upcoming telecom legislation. This deal will need to be approved by regulators who seem to be showing greater tolerance in recent years for large mergers despite concerns from consumer groups and independent phone companies.
[Source: The New York Times and The Wall Street
Journal, 3/6/2006]
California: California PUC approves Telecom Consumer Bill of Rights
March 2, 2006 – The California Public Utilities Commission voted in favor of a bill that will promote industry response to consumer demands. The measure allows for an expanded consumer complaint line, an education campaign and frequent meetings with industry representatives to address problems when they first develop. An alternative proposal, that would’ve reinstated key items from regulations that were previously suspended for being too strict on the cell phone industry, was rejected.
[Source: San Jose Mercury News, 3/2/2006]
EPI Director Addresses FCC Panel on the Impact of Hurricane Katrina
March 7, 2006 – Hilary Styron, Director of the National Organization on Disability’s (NOD’s) Emergency Preparedness Initiative (EPI) made a presentation to the FCC’s Independent Panel Reviewing the Impact of Hurricane Katrina on Communications Networks. The meeting addressed the following
- the impact of Hurricane Katrina on the telecommunications and media infrastructure including public safety communications;
- the sufficiency and effectiveness of the recovery effort with respect to this infrastructure; and
- ways to improve disaster preparedness, network reliability and communications among first responders such as police, fire fighters and emergency medical personnel.
Styron focused on the importance of communication technology in emergencies to provide early alert and notification to individuals with disabilities. She stated that “if the options for emergency communications were not activated, were destroyed, or simply not implemented, then there are no communications options for a population is desperate need.” The director also provided possible solutions for addressing the communications needs of people with disabilities, such as making sure that a Presidential declaration of disaster is communicated visually as well as verbally.
[Source: NOD, 3/16/2006]
Georgia: Georgia Tech Helps Launch New Communication System
February 28. 2006 – The Georgia Office of Homeland Security/ Georgia Emergency Management Agency (OHS/GEMA) asked the Georgia Tech Research Institute (GTRI) to help implement a statewide communications system to aid with inter-agency operations within public safety agencies. Under the current system law enforcement agencies and first responders use radio systems that operate on different frequencies and technologies which can lead to ineffective and inefficient communication. The project is advantageous because it allows agencies to use current equipment instead of having to replace everything which would have cost about $200 million more. This system will incorporate internet networking components and a type of voice over Internet protocol (VoIP) software into certain 911 dispatch centers. By the end of the year, more than 80 percent of the state will have access to the system.
[Source: Georgia Tech News & Homeland Response News, 2/28/2006]
International Activities
Vodafone Advises EU Not to Reduce Roaming Charges
March 28, 2006 – The European Union (EU) is concerned that consumers are being charged unfair international roaming rates and plans to implement regulation in this area to reduce these charges. Vodafone Group PLC has warned the EU not to rush to implement regulation decreasing the rates for mobile phone calls made abroad. Vodafone, a UK-based mobile operator, recently wrote to the EU suggesting that competition was forcing down charges and an EU regulation might cause unforeseen effects. Opponents argue that since there is no market failure, there is no reason for regulation. It is estimated that 8% of total sales for European wireless operators comes from roaming charges. Regulation proposals to address this issue are expected to get major political support and be approved by the end of 2006.
[Source: The Wall Street Journal, 3/28/2006]
Upcoming Events
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.
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.
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.
National Conference on Reuse of Assistive Technology
The National Conference on Reuse of Assistive Technology sponsored
by the Office of Special Education and Rehabilitative Services
(OSERS),
Rehabilitation Services Administration (RSA) with the
assistance of the Rehabilitation Engineering and Assistive Technology
Society of North America (
RESNA) and DTI Associates, Inc. will be held May 8-10 in
Atlanta, GA. The conference will serve as a means of bringing together
organizations to discuss, and develop, successful strategies for the
reuse, recycling, repairing, redistributing and exchanging of used
assistive technology.
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.
Wireless RERC Updates
CSUN Conference Recap
March 22-25, 2006 – The 21st Annual International Technology and Persons with Disabilities Conference in Los Angeles, California showcased presentations o a wide variety of topics, including wireless technologies for people with disabilities. Dr. Helena Mitchell of the Wireless RERC spoke on the use of wireless technologies to bridge critical gaps in emergency communications. Wireless RERC members Nathan Moon and Dr. Paul Baker presented the results of a survey of key stakeholders' opinions of issues and potential policy initiatives affecting wireless technology access by people with disabilities. In addition, speakers from industry and other research centers spoke on such topics as the use of wireless networks to assist in navigation for people with disabilities and screen reading solutions for mobile phones and PDAs.
[Source: CSUN]
Wireless RERC Researchers featured in PRISM article
Thad Starner's work on a mobile American Sign Language (ASL)-to-English translator and Leanne West's work on a wearable captioning system that uses mobile wireless technology, allows users to receive text via a personal digital assistant (PDA) or laptop computer were featured in the Prism article: "Hearing the Call." Prism is a publication of the American Society for Engineering Education (ASEE).
WEC’s Policy Recommendations Inform Final Rule
ASSETS 2008
