November, 2006 Technology and Disability Policy Highlights

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Contents:

• Overview
• Legislative / Policy Activities
• Regulatory Activities
• Judicial Activities
• Reports / Studies / Publications
• Other Activities and Items of Interest
• RERC Updates
• Upcoming Events

Overview

The month of November was an active one for regulatory matters. However, the most notable development this month was the results of the midterm Congressional elections. Next year will see the Democrats gain a small majority of seats in both the Senate and the House of Representatives. Undoubtedly, this change in control of Congress will impact telecommunications and Information Technology (IT) legislation in the coming months.

The Federal Communications Commission (FCC) has been addressing the issue of waivers to nonprofits from closed captioning requirements. The Commission also made an important decision regarding the development of a wireless network in Logan airport that sets precedents regarding where and when consumers can set up their own wireless network. The FCC started to address the proposal to develop a wireless broadband network that is strictly dedicated to public safety needs.

In the legislative arena, there has been little activity due to the impending conclusion of the current session of Congress. However, one notable event was the Senate’s approval of FCC Chairman Kevin Martin to a second term. In the world arena, the United Nations (UN) was active this month is stressing the importance of information technology and internet access for citizens around the world. A report by the United Nations Conference on Trade & Development (UNCTAD), a UN body stated that broadband internet access should be considered a utility and something that all citizens should have access to.

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Legislative / Policy Activities

House Democrats Encourage National Telecommunications & Information Administration (NTIA) to Broaden Converter Box Subsidies

November 16, 2006 – John Dingell Democrat Michigan (D-MI), recently appointed Chairman of the House Energy and Commerce Committee, is encouraging the administration to adopt broad eligibility requirements when implementing its $1.5 billion program to subsidize digital-to-analog television (TV)-converter boxes. Dingell and 19 other Democratic members of the committee penned a letter to the Commerce Department’s National Telecommunications and Information Administration, the agency supervising the program and other parts of the digital television transition, complaining that the current guidelines are too narrow. In the letter, the committee members argue against both ideas because they feel that limiting eligibility is unfair to consumers who own analog televisions that are functioning well. The letter also argued that the current $1.5 billion will be insufficient and Democrats are expected to propose more for the converter program when they officially take office in January. The details of this program are outlined in the “Digital Television Transition and Public Safety Act of 2005” [Public Law 109-171].

More information on the digital television transition and the converter box program:

• National Telecommunications and Information Administration
• Wireless RERC September 2006 TDPH

[Source: Multichannel News, 11/16/2006]

Senate Confirms FCC Chairman Martin for Second Term

November 16, 2006 – The President’s nomination of Chairman Kevin Martin for another term as FCC commissioner and chairman was unanimously approved by the Senate on the night of Thursday, November 16, 2006. Martin has been an FCC commissioner since 2001 and became the Commission’s chairman in March 2005. His new term will end in 2011. Martin was nominated in April for a second, five-year term just before his first term expired June 30, 2006. Even without renomination, Martin could have served until the end of the next session of Congress, which would have meant until the fall of 2007.

Senate approval for Martin’s nomination for a second term comes as the FCC prepares to make some important decisions, including whether to approve an $80 billion merger between AT&T and BellSouth, considering changes to rules on media ownership, and contesting two appeals court challenges to the FCC’s rules on broadcast indecency. Martin has expressed his own commitment toward providing a regulatory environment that promotes competition and drives investment while protecting consumers and promoting public safety.

[Sources: Senate Commerce Committee, the Computer Network News (CNET) , and Washington Post]

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Regulatory Activities

Advisory Committee Faces Major Challenges Updating Section 508

November 15, 2006 – Members of Telecommunications and Electronic and Information Technology Advisory Committee ( TEITAC), (See TDPH 6.09 piece entitled “508 Standards Advisory Committee Holds First Meeting), the committee appointed to revise Section 508 of the Rehabilitation Act, recently spoke at the 2006 Interagency Disability Education Awareness Showcase. They stated that the current version of Section 508 includes a number of “interoperability problems, language issues and an inability to adjust to emerging technologies.” The group has been charged with creating and updating the guidelines such that they will work with existing technologies as well as with any changes in the future.

The panel said that emerging technologies like Bluetooth, wireless mobile devices and streaming web video are now more commonplace and have rendered current standards obsolete. Section 508 also has separate standards for software applications and web applications and there are items that may be covered in the web area but not addressed in software. The committee’s work has also been complicated by the changing international standards regarding accessibility. Committee members may have to do some compromising but they predict that they will have a working draft of the new guidelines by July 2007.

[Source: Federal Computing Weekly, 11/15/2006]

American Telephone & Telegraph (AT&T)-BellSouth Merger Delayed Again by Commission

November 02, 2006 – After twice delaying a vote on whether to approve AT&T’s proposed acquisition of BellSouth, the FCC again postponed consideration of an order to permit the merger of the two telecommunications firms. The FCC was scheduled to consider the matter at its Open Meeting on November 3, 2006 but removed the item from the agenda at the last minute.

This third postponement by the FCC highlights a difference of opinion by commissioners over what conditions, if any, to place on the deal. Commissioners Michael Copps and Jonathan Adelstein, both Democrats, have insisted that price controls and airwave license sales be imposed as part of the proposed AT&T-BellSouth merger. These moves have been resisted by the FCC’s Republican commissioners, Chairman Kevin Martin and Commissioner Deborah Taylor Tate. The FCC’s fifth commissioner, Robert McDowell, who has worked in the past as a lobbyist for companies that compete with AT&T and BellSouth, has played very little part in the proceedings and has not reviewed relevant documents. Nevertheless, the FCC’s general counsel eventually could authorize McDowell to cast a tie-breaking vote if the other four commissioners are unable to resolve the 2-2 impasse.

[Sources: FCC, Reuters, and Atlanta Journal-Constitution]

Closed Captioning Debate At the FCC Continues

November 26, 2006 – The decision by the FCC to allow some non-profit broadcasters to obtain waivers from having to meet the closed captioning requirement has raised concerns among disability advocates. The FCC allowed two religious broadcasters waivers from having to provide closed captioning on the basis that it caused them an undue financial burden. The decision also stated that in future cases if a non-profit receives no compensation from video program distributors, that the commission would expedite captioning exemption requests. “Disability rights groups charged that the ruling facilitated a whole new class of broadcasters exempt from closed captioning requirements, and that the FCC had already recently granted hundreds of exemptions without putting their applications up for public notice.” As a result of these objections the FCC published a Public Notice listing hundreds of organizations that have filed petitions for exemption from the FCC's closed captioning requirements, claiming that compliance would impose an undue burden. The agency’s Consumer and Governmental Affairs Bureau requested public comment on the notice allowing 20 days for these items to be filed. This notice has since been updated to allow comments on the notice to be filed up until March 27, 2007.

• Official FCC Public Notice

FCC Backs Airline's Free Wireless Fidelity (Wi-Fi) At Boston Airport

November 1, 2006 – The FCC has concluded that the Massachusetts Port Authority (Massport) cannot block Continental Airlines from offering a free Wi-Fi access point in its frequent flyer lounge inside Boston’s Logan International Airport. The dispute between Massport and the airline began back in 2004 when Massport ordered Continental to remove the Wi-Fi system it had installed in its lounge, claiming that the system, which is accessible for free by passengers with lounge privileges and by some airline employees, violated Continental’s lease with the airport. Massport offers a similar service at a charge of $8/day. Continental filed a petition with the FCC asking them to find Massport’s demands and leasing agreement in violation of federal rules. Massport also argued that letting airlines provide WiFi service in their lounges could jam airline and public-safety radio systems.

However, the final decision by the commission sides with Continental stating that under a set of rules governing over-the-air reception devices (OTARD), the airline had a right to provide wireless. The ruling “clarifies that American consumers and businesses are free to install Wi-Fi antennas under our OTARD rules--meaning without seeking approval from their landlords.” The FCC concluded that Massport’s lease terms were “unreasonably restrictive” and that the antenna used by Continental was within the confines of the Commission’s regulations. Airport authorities had also argued that Continental’s service would take away revenue from the airport’s own wireless service but the FCC argued that the airport should not expect to make money off unlicensed devices and that the government, had a stronger interest in promoting broadband availability and competition. This decision sets a precedent in the matter and opens the door for other airlines to provide Wi-Fi as well.

[Source: CNET News.com, 11/1/2006 and The Boston Globe, 11/2/2006]

Proposal Would License Key Segment of 700 Megahertz (MHz) Spectrum for Public Safety

November 1, 2006 – There is currently a block of spectrum within the 700MHz band that would be ideal for developing a nationwide public safety wireless broadband network. However, this spectrum has been allocated for commercial use and set to be auctioned in 2008. Cyren Call, a public safety communications company, recently made a proposal to the FCC regarding this spectrum which called for the creation of a public safety wireless network. The proposal suggests that the FCC establish a Public Safety Broadband Trust to remove the designated spectrum from auction and develop arrangements to use it for public safety purposes first. In response, the Commission placed the proposal on Public Notice and requested public comments. The Wireless RERC filed comments (See “ Wireless RERC Submits FCC 700MHz Comments' (Word.DOC) item in this issue) regarding this proposal, stating that it supports the concept of a public safety network, as long as such a system was designed to take into account the needs of persons with disabilities.

[Source: Government Technology, 11/1/2006]

Wireless Telecommunications Bureau Seeks Comments on Hearing Aid Report

November 8, 2006 - The FCC's Wireless Telecommunications Bureau is seeking comments on topics to be addressed in its Hearing Aid Compatibility Report. The FCC released the Hearing Aid Compatibility Order in 2003, which adopted several measures to enhance the ability of persons with hearing disabilities to access digital wireless telecommunications. The Commission established guidelines that governed digital wireless headsets compatibility. The Order also established deployment benchmarks for offering hearing aid-compatible digital wireless handset models. It also stated that the agency was to issue a report 3 years later that would examine the following three areas:

1. the impact of the rules in achieving greater compatibility between hearing aids and digital wireless phones
2. the development of new technologies that could provide greater or more efficient accessibility of wireless telecommunications to hearing aid users
3. the impact of this Order's compatibility requirements on cochlear implant and middle ear implant users and their ability to use digital wireless phones.

The Bureau is now seeking comments on these three topics.

• Official FCC Public Notice

[Source: US Fed News, 11/8/2006]

Fox Television Station Adopts Consent Decree

November 21, 2006 – The FCC’s Enforcement Bureau had announced that FOX Channel 5, a network of Fox Television Stations, Incorporated (Inc.), had been in violation of FCC rules for making emergency information accessible to people with hearing disabilities. The finding was the result of a citizen complaint about the fact that the network had not provided visual information during a thunderstorm/tornado watch in the Washington DC area in 2004. Recently, Fox Television Stations, Inc. adopted a Consent Decree between itself and the Enforcement Bureau regarding making emergency information accessible to persons with hearing disabilities.

In the Consent Decree order, Fox agrees to close caption all emergency information that is broadcasted outside of a regularly scheduled newscast. The station also agreed to make critical details of all emergency information accessible by visual means such as crawls, scrolls and or handwriting on a blackboard, other display and will continue to do so until captioning begins if captioning services are not immediately available or if caption services cannot be immediately secured. Other item agreed on was the distribution of the Station's Emergency Visual Presentation Policy to all employees at least every six months.

• Full Consent Decree

[Source: AAPD & FCC]

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Judicial Activities

Supreme Court Hears Arguments in Telecom Antitrust Case

November 27, 2006 – The U.S. Supreme Court heard arguments in what is considered to be a key antitrust case. In Bell Atlantic v. Twombly [No. 05-1126], the Supreme Court is considering the question of how much evidence is necessary for plaintiffs to litigate a private antitrust-company suit. At issue is a class action lawsuit filed in 2002 on behalf of U.S. consumers of local telephone and Internet service. The lawsuit alleges that incumbent local telephone companies, or Baby Bells, illegally conspired to prevent competition by excluding new local phone companies from their territories and by agreeing not to compete against each other and violating antitrust laws.

The plaintiffs had no direct evidence of a conspiracy, however; and they based their case on circumstantial indicators of anticompetitive behavior, such as the parallel conduct of the Baby Bells in declining to compete in each other’s territory and allegedly impeding other carriers from connecting to their networks. A federal district court dismissed the original case on the grounds that the plaintiffs did not have enough evidence to demonstrate that a conspiracy would most likely be proved at trial. That decision was reversed by the U.S. Court of Appeals for the Second Circuit ruled in 2005 stating they only needed to submit a “short and plain statement of the claim” for the case to go forward and survive a motion from the defense to dismiss the case. If the Bells prevail in the Supreme Court’s ruling, then the original case will end here. However, if they lose, then the original case charging them with anticompetitive practices will continue through discovery, and the plaintiffs can pursue evidence of a conspiracy.

[Sources: U.S. Supreme Court, Wall Street Journal, New York Times, and National Journal]

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Reports / Studies / Publications

Developing World Lags Behind as United Nations (UN) dubs Broadband new "Utility"

November 16, 2006 – A recent report by the UN’s Conference on Trade and Development (UNCTAD) entitled “Information Economy Report 2006: The Development Perspective” states that broadband internet access is becoming so important that it can be viewed as a necessary utility that is comparable with electricity and water. UNCTAD stated that the emerging importance of high speed internet serves as a major issue for developing countries where access to this kind of technology is rare because technology is having a major impact on global business trends. The report found that developing countries only account for 43.0 percent of the world’s 1 billion users where as developed countries account for 53.0 percent. “Developing countries are lagging far behind in terms of the proportion of their inhabitants who use Internet, with an average penetration rate of just 8.5 users per 100 inhabitants compared to 54.4 per 100 in industrialized economies.” Even fast-growing China which ranks second only to the US in terms of number of internet users has a penetration rate of only 2.9 percent. UNCTAD said effective government action was required to bridge this digital divide, and to help developing countries expand their information and communication technology (ICT) networks.

• Full UNCTAD report [PDF only]

[Source: AFP, 11/16/2006 and UNCTAD]

WiMax Potential Suggested in Several Reports

November 27, 2006 – Several reports issued this month strongly suggest the potential of WiMax technology to provide an inexpensive wireless alternative to wired broadband Internet service, such as Digital Subscriber Line (DSL) and cable. WiMax technology permits service providers to broadcast a signal from a central location that consumers can receive with antennas in their home, thus reducing costs associated with deploying physical infrastructure such as cables. Unlike current Wi-Fi technology, WiMax can cover several miles instead of several yards, offers much better reliability, and the potential for higher speeds than wired broadband.

A report by the TeleGeography Group notes that fixed WiMax networks are beginning to materialize throughout the globe, with 22 commercial fixed WiMax networks globally and 53 trials underway at the end of September 2006. Another report published by Unstrung Enterprise Insider has touted the potential of mobile WiMax networks as particularly notable to their ability to allow users to roam between coverage areas, while offering faster speeds and capacities than the data networks currently offered for data devices.

However, there are major technological and regulatory impediments which will need to be surmounted for WiMax to become more viable. There is limited space for WiMax in the wireless spectrum. As a new technology, WiMax and its proponents must convince regulators to allocate more spectrum for its use.

[Source: Wall Street Journal, Unstrung Enterprise Insider]

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Other Activities and Items of Interest

Adelstein Gives Speech to Satellite Investment Symposium

November 28, 2006 – FCC Commissioner Jonathan Adelstein gave a speech to the ISCe Satellite Investment Symposium’s (ISIS) 2006 conference in New York City on November 28, 2006. His speech focused on the state of the satellite industry and the FCC’s role in promoting its continued growth and innovation. Adelstein discussed the myriad roles that satellite technologies play in American life and production, and then turned his attention to the role of the FCC to promote the public interest. Adelstein also focused on the FCC’s commitment to ubiquitous broadband and the role that the satellite industry may place in achieving such goals. He concluded by observing that the present is a transformational time for the satellite sector, but that the FCC will continue working to maximize the role that satellite services can play in ensuring that Americans have access to the most advanced communications services possible.

• Commissioner Adelstein’s speech to Satellite Investment Symposium

[Source: FCC]

2007 Summer Internship Program for College Students with Disabilities

The American Association of People with Disabilities (AAPD) is sponsoring an internship program for college students with disabilities. The program is aimed at developing leadership among students with disabilities by providing them with opportunities to develop leadership, employment and self-sufficiency skills. The program is sponsored by Mitsubishi Electric America Foundation and the Microsoft Corporation and offers a congressional and an information technology internship.

[Source: AAPD]

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RERC Updates

Wireless RERC Submits FCC Filing on 700 MHz Spectrum Use

The Wireless RERC submitted comments to the FCC on November 29, 2006, addressing issues involved with use and reallocation of a portion of the 700 MHz spectrum in response to a Petition for Rulemaking: Cyren Call Communications Corporation – Reallocation of 30 MHz of 700 MHz Spectrum from Commercial Use – Assignment of 30 MHz of 700 MHz Spectrum to the Public Safety Broadband Trust for Deployment of a Shared Public Safety/Commercial Next Generation Wireless Network. The proposal, by Cyren Call Communications Corporation was to reallocate 30 MHz of 700 MHz spectrum for deployment of a shared public safety/commercial next generation wireless network. The RERC comments raised several points including:

1. support of the recommendations to reallocate additional spectrum for public/private use
2. a recommendation that the design of any network as well as wireless emergency communications applications needed to consider the needs of people with disabilities
3. a recommendation that any network developed should be in consultation with other stakeholders such as the Department of Homeland Security to ensure it interfaces with other critical warning networks
4. a statement that emphasized that spectrum allocation for public safety or any reallocation of spectrum for public safety take into account the accessibility requirements of people with disabilities.

The filing will be available on the RERC website or via access from the FCC e-filing system.

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Upcoming Events

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.

• CSUN conference information

First Commerce Spectrum Advisory Committee Meeting

December 13, 2006 - The Department of Commerce’s National Telecommunications and Information Administration (NTIA) will hold the first public meeting of the Spectrum Management Advisory Committee. This meeting is designed to organize the Committee and establish future agendas and a work schedule. In addition, briefings on matters related to the President’s Spectrum Policy Initiative will be discussed at the meeting. The Committee provides advice to the Assistant Secretary For Communications and Information on spectrum management affairs. The meeting will be held at the U.S. Department of Commerce on December 13, 2006, from 10:30 a.m. to 12:30 p.m. Interested parties are invited to attend and to submit written comments. Written comments should be received by close of business on December 11, 2006 to provide sufficient time for review.

International Day of Disabled Persons 2006

November 16, 2006 – The United Nations (UN) has recently announced that the theme for this year’s International Day of Disabled Persons which will be held on December 3, 2006 is “E-Accessibility.” The focus is on raising awareness among governments about the important benefits of accessibility to information technology for people with disabilities. The UN recognizes that “access to information and communication technologies creates opportunities to everyone in society, but perhaps no-more so than for persons with disabilities.”

[Source: United Nations]

Open Meeting of FCC’s Mobile Service Alert Advisory Committee

December 12, 2006 – The FCC’s Mobile Service Alert Advisory Committee, established as part of the Warning Alert and Response Network Act (WARN) Act, will hold its first meeting on Tuesday, December 12, 2006, at 10:00 a.m. This meeting is open to the public, and the agenda will include the committee’s mission and organizational structure. The FCC will announce the Committee’s membership and release an agenda prior to the December 12th meeting. Though this meeting is open to the public and the Commission will attempt to accommodate as many as possible, admittance will be limited to the seating available.

• Mobile Service Alert Advisory Committee meeting notice
• Accommodation information for the Mobile Service Alert Advisory Committee meeting

National Organization on Disability (NOD) Emergency Preparedness and Response Conference

The National Organization on Disability (NOD) will be co-sponsoring a conference on Emergency Preparedness and Response for People with Disabilities, the Elderly, Pediatrics and other special needs populations. The event will be held December 13-14 at the Omni Shoreham Hotel in Washington, DC. The conference will cover emergency management planning and response for these populations.

• (NOD) Emergency Preparedness and Response Conference information

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