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December 2008/January 2009 Technology and Disability Policy Highlights

Volume: 9.01 December, 2008, January 2009

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Contents:

Overview

The inauguration of Barack Obama as the 44th President of the United States and the convening of the 111th Congress were the two most important political events this past month.  Both the new President and Congress are taking up a number of issues relevant to disability and technology policy.  First among these is the recent passage of a bill to postpone the digital television (DTV) transition by four months.  Expected to be signed into law by the President, the DTV Delay Act will move the DTV deadline from February 17, 2009, to June 12, 2009.  In addition to this legislation, Congress is considering increased funding for broadband Internet deployment to unserved and underserved areas in the nation.

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Legislative Activities

DTV Delay Bill Passed by Congress, Expected to be Signed into Law

02.04.2009 – On January 29th, the Senate unanimously passed the “DTV Delay Act” [S. 352], a bill that will postpone the current DTV transition deadline by four months.  In a second attempt at passage a week later, the House approved the same bill by a two-thirds majority needed under special rules for the measure.  With passage of the bill now secured by both chambers of Congress, it will go to the President, who is expected to sign it into law.

Originally sponsored by Sen. Jay Rockefeller (D-WV) and three other senators, the bill amends the Digital Television Transition and Public Safety Act of 2005 [47 U.S.C. 309] by changing the DTV transition from February 17, 2009, to June 12, 2009.  In his remarks about the bill, Sen. Rockefeller explained that the four-month extension was necessary because the nation is not yet ready to make the transition.  Likewise, President Barack Obama has also indicated his support for a delay in the DTV transition.  In addition, the bill would also extend the digital-to-analog converter box coupon program by allowing households to request new coupons for unredeemed ones that may have expired.

Additional Information:

[Sources: Library of Congress, New York Times, Capitol Insider]

High-Speed Internet Grants Supported in House

01.22.2008 – The House Energy and Commerce Committee approved rules for the federal provision of billions of dollars in grants to fund the deployment of high-speed Internet networks in unserved and underserved areas throughout the nation.  Up to $6 billion has been proposed by House leaders as part of the broader economic stimulus package currently under consideration by Congress, and they have also received the support of President Obama.  The provision of such grants would serve those Americans, including people with disabilities, who may lack access to Internet services.

Of the various grants, $2.8 billion would be made available by the Commerce Department.  These grants would carry a number of requirements for awardees, including a requirement that Internet networks built with these government grants be open to all devices like cell phones and laptops, regardless of the manufacturer or provider.  In addition, the Commerce Department grants would require minimum speeds for basic Internet connections and set a goal that 75 percent of the funds be allotted for robust link-ups that would support video-conferencing.  A smaller program under the jurisdiction of the Department of Agriculture would have relatively fewer criteria and appear to be aimed at ensuring that some type of mobile voice or basic Internet service is available even in the most remote areas of the nation.  Another $1 billion of the Internet grant funds will be set aside solely for wireless carriers to bolster their infrastructure for mobile cell phone and laptop connections.  Finally, $350 million would fund an Internet mapping program that will zero in on specific areas that have little or no options for wiring up, helping regulators to better determine what constitute “underserved” and “unserved” areas throughout the nation.

Additional Information:

[Sources: House Commerce Committee and Wall Street Journal]

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Regulatory Activities

911 Calling, Numbering Issues, and Interoperability Addressed in Rulemaking

12.19.2008 – The FCC adopted and issued its Second Report and Order and Order on Reconsideration (FCC 08-275) that addresses a number of issues related to the Commission’s June 24, 2008, Internet-Based TRS Order.  In that original Order, the FCC adopted a system to assign users of the Internet-based Telecommunications Relay Service (TRS), particularly the Video Relay Service (VRS) and Internet Protocol (IP) Relay service, ten-digit telephone numbers that were in line with the North American Numbering Plan (NANP).

In the current Order, the FCC clarified key details to be addressed in advance of the December 31, 2008 deadline for providing ten-digit dialing and emergency dialing for users of VRS and IP-Relay service.  In particular, the Commission reiterated that consumers will continue to be able to dial around to the provider of their choice, and that consumers must be shielded from unauthorized changes to their service.  Regarding emergency communications, the FCC decided not to change the current call completion rules, which state that a communication assistant (CA) may not terminate an ongoing call for any reason, including to answer a 911 call that would otherwise wait in a queue for the next available CA.  However, the FCC did rule that when reasonably necessary, VRS CAs could relay visual information to a 911 operator that will protect the life of the caller or first responders, so long as such information was not part of the “relayed conversation.”

Additional Information:

[Source: FCC]

Closed Captioning Rulemaking: Comments Due February 12

01.13.2009 – In November, the FCC adopted and released a Declaratory Ruling, Order, and Notice of Proposed Rulemaking (FCC 08-255) regarding the closed captioning of DTV (See TDPH 8.10 for details).  On January 13, 2009, the Rulemaking was published in the Federal Register, establishing the deadline of 30 days for comments and 45 days for reply comments regarding this rulemaking.  Parties who wish to submit comments to the FCC will have until February 12, 2009, to do so, and those wanting to submit reply comments will have until February 27.

A number of issues are under consideration by the FCC in this rulemaking.  First, it is unclear how closed-captioning exemptions would or should be applied to multi-channel DTV broadcasters.  Should each digital stream be deemed a separate and independent “channel” for these purposes, or should the term “channel” be deemed to mean the entire 6 MHz chunk of spectrum used by the licensee?  Likewise, the FCC has questioned whether its exemption threshold of $3 million is appropriate, or whether a different standard would be preferable.

Additional Information:

[Sources: FCC and CommLawBlog]

House Commerce Committee, FCC Chair at Odds over TRS, VRS Compensation

01.19.2009 – On December 9, 2008, the House Committee on Energy and Commerce released a Majority Staff Report entitled, “Deception and Distrust: The Federal Communications Commission under Chairman Kevin J. Martin.”  The report presented the results of an investigation carried out by the House Commerce Committee regarding the FCC’s regulatory processes and management practices.  Of particular issue in the report was an allegation that the FCC, under Chairman Martin’s leadership, passed rate increases that overcharged consumers as much as $100 million for Telecommunications Relay System (TRS) compensation.  Title IV of the Americans with Disabilities Act (ADA) charges the FCC with ensuring that people with disabilities have access to telecommunications services, which is normally done through services such as traditional TRS, speech-to-speech (STS) relay service, captioned telephone service, video relay service (VRS), and Internet-protocol relay (IP relay) service.

The Majority Staff report claimed that Chairman Martin ignored warnings from FCC Disability Rights Office (DRO) chief Thomas Chandler that the compensation rates for VRS were being set too high and could result in major profits for the main provider of VRS, Sorenson Video Relay Services.  In addition to findings in the report that the FCC failed to set reasonable rates for the compensation of TRS providers at the expense of overcharged consumers, the report also alleged that the FCC failed to assist auditors who were investigating the situation.

On January 19, 2009, Chairman Martin released a 136-page response to the Majority Staff Report.  Regarding allegations that he “spent too much money to provide telecommunications services to the deaf and disabled,” Martin responded that TRS should compensate providers for more than the marginal costs of providing service, and it should allow for the reimbursement of additional costs, such as installation, equipment, and long distance calls.  In response to the Majority Staff Report, Chairman Martin made two major arguments.  First, contrary to the report’s implication, compensation rates for VRS have gone down, rather than up, during his tenure as FCC chairman.  Second, the Commission unanimously adopted the Order in question that set the rates for VRS compensation, and no information regarding VRS providers’ expenses was withheld from commissioners in making their decision.

Additional Information:

[Source: House Commerce Committee and FCC]

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Other Items of Interest

Governments, Authorities Using Twitter for Emergency Communications

01.09.2009 – A recent article by Matt Williams in Government Technology describes how local and state governments are using the social networking service Twitter to keep citizens informed about developments related to emergency situations, adverse weather, traffic updates, and other newsworthy events.  Technically a “microblogging” site, Twitter allows users to send and receive very brief updates called “tweets” that can be sent from and received at Twitter.com, e-mail accounts, cell phones and other mobile devices, Really Simple Syndication (RSS) feeds, and other social networking websites such as Facebook.

The Los Angeles Fire Department (LAFD) has used Twitter to send updates on structural fires in the city and provide information on emergency response.  For example, the LAFD used Twitter to keep citizens informed about its response to a September 2008 train derailment that killed dozens, injured hundreds, and started an 800-acre fire.  Likewise, police in Portland, Oregon, have used the service to send “tweets” about crime reports and solicit the public’s help in solving cases.  Meanwhile, the Washington State Department of Transportation uses Twitter to send out traffic alerts and updated ferry information.  Washington officials have stressed the service’s role for maintaining continuity of service during a serious emergency. 

Additional Information:

[Source: Government Technology]

IEEE Spectrum Article: “The Cellphone and the Hearing Aid: The Odd Couple”

01.26.2009 – The IEEE Spectrum recently published a story by Joseph J. Morrissey entitled, “The Cellphone and the Hearing Aid: The Odd Couple.”  Observing that there are between four and six million hearing aid users in a nation with 280 million cell phone subscriptions, the article details the problems of electromagnetic compatibility between the two devices and efforts to address them.  Compatibility standards do exist, but one problem is that they struggle to evolve as quickly as the technology has advanced.  The integration of additional transmitters such as Wi-Fi and Bluetooth into cell phone handsets has also complicated the situation.  According to Morrissey, hearing-aid consumer groups have sought multi-band cell phones that are hearing-aid compatible for every transmitter.  However, the wireless industry is worried that more complex standards, as well as the threat of products being labeled incompatible, might discourage the introduction of new technologies and new features in mobile phones.

To address this divide, the American National Standards Institute’s Accredited Standards Committee (ANSI ASC C63) has begun coordinating research planning.  The group intends to present its initial findings to the FCC, just as it begins working through the official process of revising compatibility standards.  Regarding hearing aids, however, the situation is less clear.  While the ANSI standard includes a test method and rating system for electromagnetic immunity, the U.S. Food and Drug Administration (FDA), which oversees hearing aids, does not currently require manufacturers to comply with these limits.  However, some hearing-aid manufacturers have begun voluntary labeling in order to help consumers make informed decisions.


Additional Information:

[Sources: National Public Radio, Portland Business Journal, and ICART]

Report: “Wired” Hospitals Offer Lower Rates of Death and Complications

01.27.2009 – A recent study published in the Archives of Internal Medicine suggests that hospitals with automated information systems have lower rates of deaths and medical complications, as well as savings in costs.  Researchers studied 41 Texas hospitals, comparing inpatient death rates, complications, length of stay, and costs, taking into account the presence or absence of four health information technologies: notes and records (case histories, admission histories, etc.), test results, order entry, and decision support (for example, information a doctor factors into a treatment decision).


The study found that a 10-point increase in the computerization of notes and records meant a 15 percent decrease in the death rate. This translated into a 1.4 percent mortality rate among those with the highest scoring on notes compared with a 1.9 percent rate among those with the lowest scores, or five fewer deaths per 1,000 patients.  Higher order entry scores also correlated with a 9 percent decrease in the risk of a heart attack and a 55 percent decrease in coronary bypass procedures.  While the study suggests the advantages of “wired” hospitals, the start-up costs for such systems are quite high.  However, some policy experts have suggested that health reform measures proposed by the President will facilitate the adoption of health information technology systems nationwide.

[Sources: HealthDay News and Reuters]


Additional Information:

[Sources: HealthDay News and Reuters]

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Wireless RERC Updates

Call for Papers: Wireless RERC State of the Technology Conference, Due March 1, 2009

01.30.2009 - The Wireless RERC State of Technology Conference on Wireless Emergency Communications will be held on September 21-23, 2009, in Atlanta, Georgia.  The conference brings together domestic and international stakeholders to examine the potential of wireless communications technology for improving assistance for persons with disabilities before, during, and after a natural or manmade disaster. The target audience is the wireless industry, emergency management and public safety officials, broadcast and cable industry, individuals with disabilities, disability organizations, and researchers working on issues of emergency communications.

We are seeking papers on important topics and input on potential speakers for plenary sessions and workshops. In this light, we welcome industry studies, empirical research and policy analysis on topics related to wireless emergency communications, such as (but not restricted to):

Technological Issues

  • Emergency Alert System (EAS) and/or the Commercial Mobile Alert Systems (CMAS) rulemakings or proposed hybrid solutions.
  • Technological solutions for accessible emergency alerting.
  • Barriers and opportunities to achieve accessible wireless emergency alerting.
  • Public and private sector strategies for creating accessible wireless systems


Disability Issues

  • User needs to achieve accessible wireless emergency communications.
  • Policy and regulatory actions needed to achieve accessible wireless alerts.
  • Building social networks and collaborations to promote accessible mobile wireless systems.

Public Safety and Emergency Management Issues

  • Assuring inclusion of people with disabilities in emergency scenarios.
  • Emergency management technologies for interoperability and connectivity to the disability community.
  • Deployment strategies by emergency management or public safety entities to provide emergency alerts over wireless networks.

In addition to the above topics, intersecting perspectives on the above issues as well as strategies for outreach, training or best practices of various concerned communities (e.g. disability, emergency management, wireless industry) are welcome for consideration.

Papers will be peer reviewed and those selected will appear in the published Proceedings of the Wireless RERC State of Technology Conference: Wireless Emergency Communications. Selected papers will be compiled in a proposed special edition of a selected peer reviewed journal.

For further information and/or to submit an abstract/paper proposal, contact the proceedings manager:


Paul M.A. Baker, Ph.D.
Proceedings Manager, the Wireless RERC State of Technology Conference and
Director of Research, Center for Advanced Communications Policy (CACP), Georgia Institute of Technology
paul.baker@cacp.gatech.edu
404-385-4618  

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Technology and Disability Policy Highlights reports on national and local public policy events and recent wireless technological advances and political activities; and tracks emerging issues of interest to individuals with disabilities.  Technology and Disability Policy Highlights is published monthly by the Wireless RERC. The Wireless RERC is a research center promotes universal access to wireless technologies and explores their innovative applications in addressing the needs of people with disabilities.  

For further information on items summarized in this report, or if you have items of interest that you would like included in future editions, please contact this edition’s editor, Nathan W. Moon [nathan.moon@cacp.gatech.edu] or Paul M.A. Baker, Ph.D., AICP, CACP Director of Research [paul.baker@cacp.gatech.edu].

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