October, 2006 Technology and Disability Policy Highlights
Volume: 6.09 October, 2006
Other Available Formats
Contents:
- Overview
- Legislative / Policy Activities
- Regulatory Activities
- Judicial Activities
- Reports / Studies / Publications
- Other Activities and Items of Interest
- International Activities
- RERC Updates
- Upcoming Conferences
Overview
The United States (U.S.) Congress adjourned early this month to prepare for elections and in doing so left much legislation dealing with telecommunications and privacy undecided. In the regulatory arena, the Federal Communications Commission (FCC) was very active. The Commission issued notices regarding the details of finalizing the transition of the US television system from analog to digital. A First Report and Order and Further Notice of Proposed Rulemaking was issued regulating the allowance of low power devices on analog airwaves that are currently not being used by broadcasters. The agency also assigned CTIA the role of being the cost clearinghouse for airwaves that were auctioned during their auction of Advanced Wireless Services (AWS).
This month there was also much congressional activity related to legislation dealing with accessibility requirements of the Internet and web sites for users with sensory disabilities. Advocates are pushing for change from both the judicial and legislative angles with lawsuits filed against Target Corp. and are conducting major lobbying initiatives in Washington, District of Columbia (D.C.) Lastly, the Alliance for Telecommunications Industry Solutions issued a publication with guidelines for Telecommunications Relay Services providers to update their systems.
Legislative / Policy Activities
508 Standards Advisory Committee Holds Its First Meeting
October 6, 2006 – The Telecommunications and Electronic and Information Technology Advisory Committee ( TEITAC) was organized by the US Access Board to review the existing standards for electronic and information technology outlined in Section 508 of the Rehabilitation Act. The committee will also be responsible for updating telecommunication product guidelines covered by Section 255 of the Telecommunications Act. The meeting was well attended by all 41 members of the TEITAC as well as representatives from the European Union and entities in Canada, Japan, and Australia. At the meeting, there were presentations and panel discussions on the 508 standards and issues that need to be addressed as recommended by government, consumer and industry representatives. Within this session, eight subcommittees were named and a convener selected to head each subcommittee. They also set November 8th & 9th, 2006 as the dates for the next full committee meeting.
[Source: US Access Board, 10/6/2006]
Congress Adjourns with Tech Bills Unfinished
October 1, 2006 – The US Congress adjourned early this month leaving a number of technology-related bills in limbo. As members of the 109th Congress left to prepare themselves for the upcoming election, legislation dealing with pretexting and electronic surveillance were still on the table. The House failed to approve The Prevention of Fraudulent Access to Phone Records Act [HR 4943], a law that would allow the Federal Trade Commission (FTC) to seek civil penalties from businesses that obtain personal data under false pretenses (pretexting). This legislation, which was sponsored by Representative Joe Barton, Texas - Republican (TX-R), had received a good deal of attention in light of the case against Hewlett-Packard (HP) for alleged use of pretexting methods (See TDPH 6.08 piece entitled “New Legislation Addresses Privacy of Telephone Records”). The Congress also stalled on two bills that would make it easier for the government to conduct surveillance without the need for a court-issued warrant. The Electronic Modernization Surveillance Act [HR 5825] was approved in the House but not the senate possibly because of its controversial nature.
[Source: InfoWorld, 10/2/2006]
Regulatory Activities
Commercial Mobile Service Alert Advisory Committee Nominations Requested
October 16, 2006 – In a public notice released by the FCC, the agency requested nominations for membership to its Commercial Mobile Service Alert Advisory Committee. The committee is responsible for developing recommendations on technical standards and protocols to aid commercial mobile service providers to provide customers with emergency alerts. The committee is a result of Section 603 of the Warning, Alert and Response (WARN) Act of 2005 [S. 1753].
- View full text of [S. 1753]
- Full details on the committee and membership requirements can be found in the Public Notice
[Source: FCC]
CTIA to Be AWS Clearinghouse
October 4, 2006 – The FCC has officially designated CTIA-The Wireless Association as a cost-sharing clearinghouse for relocating wireless licensees as a result of the commission’s 2006 Advanced Wireless Services (AWS) auction. CTIA will be responsible for administering fair cost-sharing functions for the relocation of Broadband Radio Service, Fixed Microwave Service, and Mobile Satellite Service incumbent licensees from the 2.1 gigahertz (GHz) band. The FCC requires new licensees to pay relocation expenses to systems that have to move to open up spectrum for AWS. The role of the clearinghouse in this process is to ensure that the costs of relocation are distributed in an equitable manner. “The Clearinghouse encourages companies to register relocation costs to ensure notification of all cost sharing opportunities.”
[Source: CTIA, 10/4/2006]
FCC Takes Steps To Allow New Low Power Devices on Vacant Airwaves
October 12, 2006 – A First Report and Order and Further Notice of Proposed Rulemaking was issued by the FCC regarding the allowance of new low power devices to operate in the broadcast television spectrum. These devices would be allowed to use channels that are not being used by television stations. In this document the commission concluded that fixed low power devices can be allowed to operate on TV channels not in use by broadcasters except for ones used by radio astronomy and wireless medical devices. This action may facilitate the development of new types of devices and services for businesses and consumers. They are requesting further comment on issues raised in the Notice for Proposed Rulemaking (NPRM) such as information on whether personal/portable devices can operate in any of the TV channels without causing harmful interference. The Commission also invited comment on the desirability of requiring licensing for devices operating in the TV bands.
[Source: FCC]
Further Notice of Proposed Rulemaking (FNPRM) Issued by FCC on Advanced Television Systems and Their Impact
October 20, 2006 – The FCC has released a Further Notice of Proposed Rulemaking to begin the final steps of the transition of the nation’s broadcast television system from analog to digital television. The Notice proposes a new DTV Table of Allotments, taking the seventh and final step to complete the DTV channel election process.
[Source: FCC]
Grant Announced for Captioned Radio
October 11, 2006 - The Department of Education's National Institute of Disability Rehabilitation and Research (NIDRR) has awarded a grant to National Public Radio (NPR) and WGBH's National Center for Accessible Media (NCAM) to develop accessible radio technology for individuals with hearing and visual impairments. The Accessible Digital Radio Broadcast Services grant was in the amount of $150,000. It will help to fund a research and development project aimed at designing and developing cutting edge radio technologies to serve the needs of people with disabilities. NPR and NCAM are internationally recognized experts in digital radio technologies and accessible media service models.
[Source: AAPD]
Judicial Activities
Blind Web Surfers Sue for Accessibility
October 24, 2006 – The National Federation of the Blind (NFB) has filed a lawsuit against the Target Corporation, on behalf of the 1.3 million blind people in the USA, claiming that the organization’s website is inaccessible to blind Internet users. The suit charges that the retailer is discriminating against individuals with visual impairments and violating state and federal laws that protect the disabled. Target argued that its Website is not subject to the provisions of the Americans with Disabilities Act (ADA) because the law only applies to accessibility of physical spaces. However, last month a federal judge in California rejected this argument by the retailer in a bid to have the case dismissed.
The ADA has historically been applied to stores, restaurants and other physical buildings and public accommodations under Title III of the ADA but the advent of the internet has led to new situations. Several lawsuits have focused on whether web site owners should be required to make their page more accessible for individuals with disabilities. It is currently not clear what businesses and websites are subject to the ADA as Title III has generally applied to physical locations. This case could set an important precedent for federal accessibility law to the Internet. It is important to keep access open as more services are moving to the online arena.
[Source: AAPD and The Associated Press, 10/24/2006]
Reports / Studies / Publications
Better Yardstick Needed to Measure Digital Divide
October 16, 2006 – A paper published this month entitled “Gaps and Bits: Conceptualizing Measurements For Digital Divides" (PDF format) argues that a more sophisticated approach to measuring the state of the digital divide is needed. The piece argues that reliance on easy-to-measure factors like how many Internet access points is too simplistic. According to the author, having access to technology is less important than understanding how to use it to improve one’s daily life. One factor of the current divide is that student access to computers decreases drastically once they leave the classroom and return to their homes. "Decision makers often fall into a trap of seeking data that exist, instead of putting in the effort to first systematically conceptualize the digital divide." To get a better handle on those who are being left behind, the paper suggests that policymakers consider the following factors when attempting to measure the digital divide:
- Social and governmental support and constraining factors, including training, funding and emphasis on digital empowering.
- Affordability relative to other expenditures and average income.
- Use, including frequency, time online, purpose, skill level and autonomy of use.
- Socio-economic factors, including age, education, geography, race and language, among other factors.
[Source: Government Technology, 10/16/2006]
TRS Issues Include Better Interoperability
October 9, 2006 – The Alliance for Telecommunications Industry Solutions (ATIS), a US organization that helps to promote technical and operations standards for the communications and related information technologies industry, issued a report with guidelines for telecommunications relay services (TRS) carriers. The publication provided information on how carriers can improve thpeir network facilities with requirements that will allow phone users with hearing and speech impairments to take advantage of the federal TRS. With the ongoing transition of many TRS providers to SS7 networks, new guidelines were required to ensure the successful completion of calls. The guidelines issued by ATIS were a result of a FCC initiative to improve the feasibility of TRS. Many TRS providers had not began upgrading their equipment to Signaling System Number 7 (SS7), a factor which affects the ability to rout calls on a general telecom operational basis as well as for use with text teletype (TTY), speech-to-speech and other technologies for use by customers with disabilities.
The report addressed “network technical issues related to TRS implementation, the ability of TRS users to specify carriers of choice for call transport and the inadvertent blocking of such calls from two-way text telephony the service uses.” Telecommunications Relay Service vendor are required to allow callers their choice of carriers which means that they must have direct connection to multiple carriers or, more likely, signal carrier selection information to a local exchange carrier(LEC). The work was a result of collaboration with TRS providers and vendors as well as the ATIS Packet Technologies and Systems Committee.[Source: Telecom Policy Report, 10/9/2006 and ATIS, 10/3/2006]
Other Activities and Items of Interest
Deaf Web Users Fear Being Left Behind As TV Shows Go Online
October 25, 2006 - The Internet as a rule, has been a great development for most people including computer users with hearing impairments; providing these individuals with easy access to a wide range of information and has broken down some communication barriers. However, video, a relatively recent feature of the internet, has created a divide for deaf users. Most online videos offered by television networks and other groups do not offer closed captioning options. Major networks offer many of their popular shows on the Internet and even though closed captioning is required by law for television it is not clear what applies to the web.
Many deaf advocates are lobbying heavily on this issue because they hope that the time frame for legislation on the net will not take as long as the original campaign for television captioning. There are some technological constraints on the issue of captioning online that do not exist in broadcast television. Currently broadcast captioning is done by outside companies who create captions for television programs since they are all done in one standard format for all televisions. However, video on the internet is different because it is done using a variety of software players which each have a different way of handling closed captioning. Some network representatives are looking into the option of providing online captioning. Companies like Google have begun to offer the option of letting users submit captions with their videos and users can chose whether to use it or not.
[Source: The Wall Street Journal, 10/25/2006]
McDowell Pushes Wireless Partnerships
October 18, 2006 - FCC Commissioner Robert McDowell spoke recently at an event sponsored by 3G Americas, an organization that promotes the GSM mobile standard for "third generation"(3G) wireless technology. McDowell urged commercial wireless companies and emergency responders to pursue technology partnerships. He stated that public safety agencies may find it useful to have commercial partners. A recent law has set the deadline for transition of television broadcasting to digital signals and this will free up much analog spectrum for use by commercial and public safety groups. The FCC will auction portions of the spectrum returned as a result of the transition and is exploring the issue of allowing some of the spectrum space allocated to first responders to be used public safety wireless broadband.
International Activities
Canadian Alternative Telecommunications Policy Forum
October 26, 2006 - The Alternative Telecommunications Policy Forum took place in Ottawa, Canada from October 19-21, 2006. A 2005 Telecommunications Policy Review Panel recommended that the Canadian federal government implement the Telecommunications Act in a way that emphasizes market forces. Some opponents believe that the report placed too much emphasis on the market and leaves out issues of economic, social and political participation relating to access to telecommunication services. The forum brought together policy experts, academics, and representative community organizations across Canada. It addressed the implications of telecommunications policy reform that the Canadian government is considering.
[Source: Association of Internet Researchers]
RERC Updates
Tech, Shepherd Center Awarded $4.75 Million Grant
October 12, 2006 – Georgia Tech’s Center for Advanced Communications Policy (CACP) and the Shepherd Center, a catastrophic care hospital in Atlanta, have recently been awarded a $4.75 million Rehabilitation Engineering Research Center (RERC) grant to look at wireless technologies aimed at improving the lives of those with disabilities. For most individuals wireless technologies allow them more flexibility and mobility in their lives. Persons with disabilities may not be able to experience this due to accessibility issues. The grant is a five-year award from the National Institute on Disability and Rehabilitation Research (NIDRR), which is under the US Department of Education. The Wireless RERC will explore research and development of new wireless technology applications, as well as relevant policy monitoring and analysis. “Areas of new technology development include emergency communications, location-based services, and advanced auditory interfaces for handheld devices and universal remote control systems that allow a cell phone to seamlessly operate other electronic devices.”
[Source: Wireless RERC]
NIDRR Awards SEDBTAC Renewal Grant
The US Department of Education’s National Institute on Disability and Rehabilitation Research (NIDRR) has awarded the Burton Blatt Institute: Centers of Innovation (BBI) on Disability at Syracuse University a $5.5 million, five-year grant. The grant will be used to lead an Atlanta-based Disability and Technical Assistance Center (DBTAC) which will provide service to the southeastern region of the United States. The already-established Southeast DBTAC is one of ten regional centers that deal with the ADA and accessible information technology (IT) in education by promoting awareness about the ADA, IT and other rights of people with disabilities.
Upcoming Conferences
California State University, Northridge Center on Disabilities' 22nd Annual International Technology and Persons with Disabilities Conference
The CSUN conference on International Technology and Persons with Disabilities will be held in Los Angeles, California from March 19-24, 2007. The focus of the conference is to bring together professionals and stakeholders to discuss all technologies and issues that are related to education, employment and independent living of individual’s with disabilities. The conference is being sponsored by the Center on Disabilities at Cal State University, Northridge. The center issued a Call for Papers for the conference with a deadline of September 29, 2006.
WEC Files Comments Regarding Service Rules for Public Safety Spectrum
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