April 1, 2005 (Vol. 5, Issue 6)

In This Issue:

UPCOMING EVENTS

1. FOSE 2005 - Where Government Meets Technology, April 5–7, 2005.
2. RESNA's 28th International Conference on Technology & Disability, June 23–27, 2005.
3. Instructional Technology and Education of the Deaf (International Symposium), June 27–30, 2005.

FCC TELECOMMUNICATIONS/REGULATIONS

1. Reminder to Video Programming Distributors of Obligation to Make Emergency Information Accessible to Persons with Hearing or Vision Disabilities.
2. Petitions for Exemptions from Closed Captioning Requirements Are Denied.
3. Commissioner Martin Comments on Being Named Chairman of the Federal Communications Commission to Succeed Michael Powell.
4. Request for Exemption from Commission's Closed Captioning Rules.
5. Statement of Enforcement Bureau Chief David H. Solomon on Consent Decree Approved by Administrative Law Judge in Hearing Case Regarding the Telecommunications Relay Service Fund.
6. Remarks of Commissioner Copps at the Cellular Telecommunications and Internet Association Wireless Accessibility Workshop.
7. Provision of Improved Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities.
8. Members of Consumer Advisory Committee Named.
9. Petition for Declaratory Ruling Filed by the California Coalition of Agencies Serving Deaf and Hard of Hearing (CCASDHH) Concerning Video Relay Service (VRS) Interoperability.

FOR YOUR ACTION/INFORMATION

1. People with Disabilities Urged to Comment on the ADA at Public Forums.
2. Lane v. Tennessee – Plaintiffs Reach Settlement with the State of Tennessee.
3. National Council on Disability Launches New Disability Listserv.
4. ITTATC Releases Beta Version of Accessibility Consultant Chooser.
5. ITTATC Welcomes New PI, Dr. Dennis Folds.

ARTICLES/PUBLICATIONS

1. Internet Telephone Service: A New Era of Competition in Telecommunications.
2. More Cities Using Digital Technology to Advance Constituent Services.
3. Michigan Introduces Text Version of State Web Site.
4. New York City Council Adopts Resolution Supporting High-Speed Internet in Low Income Housing.

PAST EVENTS

1. CSUN/s 20th Annual International Conference "Technology and Persons with Disabilities."

RESOURCES

1. Captioned Media Program (CMP) Online.
2. "Face" Phone Helps Hearing Impaired.
3. IBM Viascribe & CaptionMeNow.
4. Database Systems Corp. Announces Message Broadcasting Support for TTY / TDD Hearing Impaired Devices.

UPCOMING EVENTS

1. FOSE 2005 - WHERE GOVERNMENT MEETS TECHNOLOGY
April 5–7, 2005
Washington, DC.

FOSE is a "comprehensive technology event serving the government marketplace." Keynote speakers will include:

• Paul Otellini, President and COO, INTEL Corporation, CEO Effective May 2005
• Kevin B. Rollins, Chief Executive Officer, Dell
• Martin I. Cole, Group Chief Executive - Government, Accenture
• Bill McDermott, Chief Executive Officer, SAP America
• William Nuti, President and Chief Executive Officer, Symbol Technologies

For further information, visit: http://www.fose.com/

2. RESNA'S 28th INTERNATIONAL CONFERENCE ON TECHNOLOGY & DISABILITY
June 23–27, 2005
Atlanta, GA.

The Rehabilitation Engineering & Assistive Technology Society of North America (RESNA) is calling for participation for this conference. "RESNA will . . . offer a packed Exhibit Hall, Product Demonstrations and Training sessions, two days of Pre-Conference Instructional Courses, and 3 full days of Workshops, Interactive Poster Sessions, Themed Paper Sessions, and distinguished speakers."

For more information: http://www.resna.org

3. INSTRUCTIONAL TECHNOLOGY AND EDUCATION OF THE DEAF (INTERNATIONAL SYMPOSIUM)
June 27–30, 2005
Rochester, NY.

"The program will focus on the education of deaf students in K-12 and postsecondary environments using technology from around the world. Among international participants, there will be representation from five international postsecondary programs serving deaf students. These professionals will present and discuss issues related to technology and education."

Conference Announcement & Fact Sheet: http://www.rit.edu/~techsym/FactSheet_2005.pdf

For more information: http://www.rit.edu/%7Etechsym

FCC TELECOMMUNICATIONS/REGULATIONS

1. REMINDER TO VIDEO PROGRAMMING DISCTRIBUTORS OF OBLIGATION TO MAKE EMERGENCY INFORMATION ACCESSIBLE TO PERSONS WITH HEARING OR VISION DISABILITIES (DA 05-688)
March 17, 2005.

Due to ongoing FCC enforcement actions for violations of the emergency information rule, video programming distributors are again reminded "of their obligation to make emergency information accessible to persons with hearing and vision disabilities." This Public Notice reiterates specific requirements for accessibility, in part including "closed captioning [that does] not block any emergency information provided by crawls, scrolls, or other visual means," use of an alerting aural tone, and the aural description of "emergency information in the main audio as part of their ordinary operations."

For further information, access the Public Notice:

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-688A1.doc

PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-688A1.pdf

2. PETITIONS FOR EXEMPTIONS FROM CLOSED CAPTIONING REQUIREMENTS ARE DENIED

The FCC recently has denied the following petitions for exemption:

• PowerPoint Ministries, Memorandum Opinion & Order (CSR 6298) (DA No. 05-683), Mar. 17, 2005.
• Phophetic Miracle Ministries, Memorandum Opinion & Order (CSR 6310) (DA No. 05-684), Mar. 17, 2005.

To view the Memoranda Opinion & Order: http://ftp.fcc.gov/cgb/dro/headlines.html

3. COMMISSIONER MARTIN COMMENTS ON BEIGN NAMED CHAIRMAN OF THE FEDERAL COMMUNICATIONS COMMISSION TO SUCCEED MICHAEL POWELL, PRESS RELEASE
Mar. 16, 2005.

FCC Commissioner Kevin Martin was recently appointed Chairman of the Federal Communications Commission to succeed Michael Powell.

To see the full text of his remarks, access: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257451A1.doc

Comments made by other Commissioners:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257450A1.doc (Powell)

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257453A1.doc (Abernathy)

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257454A1.doc (Copps)

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257455A1.doc (Adelstein)

4. REQUEST FOR EXEMPTION FROM COMMISSION'S CLOSED CAPTIONING RULES (CSR 6547) (DA 05-679)
Mar. 16, 2005

Producers of the television program "On Stage" have petitioned the FCC to waive their obligation to provide closed captioning on the basis of preventing an undue burden. Comment and opposition to this request may be made within 30 days of the public notice.

Access the Petition: http://www.fcc.gov/cgb/dro/csr_6547.pdf

Access the Public Notice:

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-679A1.doc

PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-679A1.pdf

5. STATEMENT OF ENFORCEMENT BUREAU CHIEF DAVID H. SOLOMON ON CONSENT DECREE APPROVED BY ADMINISTRATIVE LAW JUDGE IN HEARING CASE REGARDING THE TELECOMMUNICATIONS RELAY SERVICE FUND (EB DOCKET NO. 02-149)
Mar. 15, 2005

An FCC administrative law judge has approved the Consent Decree entered into by the Enforcement Bureau with Dr. Raanan Liebermann and the Publix Companies. The Decree concludes a dispute "relating to whether Dr. Liebermann and Publix received monies from the Telecommunications Relay Service (TRS) fund under false pretenses." Liebermann and Publix previously pled guilty to charges of (1) making false statements to the FCC and (2) "engaging in an unlawful monetary transaction." Through the Decree, Liebermann and Publix have "agreed to relinquish their authorization to operate as a common carrier and to reimburse the TRS Fund Administrator $7.9 million. They also waived all claims to another $2.3 million held in escrow for their benefit by the TRS Administrator."

For further information:

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257396A1.doc

PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257396A1.pdf

Access the Approved Consent Decree Order:

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05M-12A1.doc

PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05M-12A1.pdf

6. REMARKS OF COMMISSIONER COPPS AT THE CELLULAR TELECOMMUNICATIONS AND INTERNET ASSOCIATION WIRELESS ACCESSIBILITY WORKSHOP
Mar. 14, 2005

FCC Commissioner Michael J. Copps recently spoke before the Cellular Telecommunications and Internet Association (CTIA) Wireless Accessibility Workshop held at the CTIA Convention in New Orleans, Louisiana. The Commissioner addressed many issues involving people with disabilities that are facing the Commission, including TRS and hearing aid compatibility, participation of people with disabilities in the design process, and the broad issue of how technology can and must improve the employment of people with disabilities.

To view the full text of his remarks, access:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257390A1.doc

7. PROVISION OF IMPROVED TELECOMMUNICATIONS RELAY SERVICES AND SPEECH-TO-SPEECH SERVICES FOR INDIVIDUALS WITH HEARING AND SPEECH DISABILITIES (FCC NO. 05-48)
Mar. 9, 2005

In 2003, both Sprint and MCI sought FCC ("Commission") reconsideration of its decisions to not compensate the two IP Relay service providers for their services "during the time…they may not have been complying with the then non-waived HCO and pay-per-call requirements." MCI also sought "to eliminate two-line HCO as a means of satisfying the HCO mandatory minimum standard…and clarify the meaning of the now-waived pay-per-call mandatory minimum standard and whether it was satisfied by attempting to have the pay-per-call service accept alternate billing information…"

The Commission determined that, "as a matter of equity, the fact that all parties agree that it was not technologically feasible to provide one-line HCO and 900 service as understood by Sprint, and that for this reason the Commission ultimately waived those requirements in the IP Relay Reconsideration Order, supports the conclusion that Sprint should not be penalized for not offering these services in the manner it described…prior to the IP Relay Reconsideration Order."

The Commission concluded to grant the Sprint and MCI requests to the extent they "are entitled to receive compensation for the IP Relay service they provided during that period notwithstanding whether, or how, they offered HCO and pay-per-call 900 services." Finally, the Commission warned all TRS providers that they are expected "to offer service in compliance with all non-waived mandatory minimum standards. It bears repeating that TRS is an accommodation for persons with disabilities."

To review the Order on Reconsideration:

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-48A1.doc

PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-48A1.pdf

8. MEMBERS OF CONSUMER ADVISORY COMMITTEE NAMED (DA 05-549)
March 8, 2005

This Public Notice announces the appointment of new members to the FCC's Consumer Advisory Committee, the agenda for their first meeting, and dates for future meetings.

For complete information, access the Public Notice:

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-549A1.doc

PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-549A1.pdf

9. PETITION FOR DECLARATORY RULING FILED BY THE CALIFORNIA COALITION OF AGENCIES SERVING DEAF AND HARD OF HEARING (CASDHH) CONCERNING VIDEO RELAY SERVICE (VRS) INTEROPERABILITY (DA 05-509)
March 1, 2005

CCASDHH filed a Petition for Declaratory Ruling on Interoperability on February 15. The Petition concerns VRS providers that "purposely restrict[ ]…deaf and hard-of-hearing customers to a single VRS provider via the software or hardware of their VRS equipment or through exclusivity agreements with those customers." CCASDHH is asking the FCC to prohibit VRS providers that receive "compensation from the Interstate Telecommunications Relay Service (TRS) Fund" from engaging in this practice.

For further information, access the Petition:

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-509A1.doc

PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-509A1.pdf

FOR YOUR ACTION/INFORMATION

1. PEOPLE WITH DISABILITIES URGED TO COMMENT ON THE ADA AT PUBLIC FORUMS

"As a part of a year-long study, the National Council on Disability (NCD) is sponsoring five public forums around the country to gather testimony from people with disabilities, their families and their advocates on the impact the Americans with Disabilities Act of 1990 (ADA) has had on their lives."

Locations and dates are as follows.

• Iowa City, Iowa (March 25), co-sponsored by the Evert Conner Center on Rights and Resources and the University of Iowa"s Law, Health Policy & Disability Center
• Los Angeles, California (March 29), co-sponsored by Western Law Center for Disability Rights
• Houston, Texas (April 8), co-sponsored by Independent Living Research Utilization Project
• Savannah, Georgia (April 13), co-sponsored by Savannah-Chatham Council on Disability Issues, Savannah Association for the Blind, Inc. and Living Independence for Everyone, Inc.
• Washington, DC (May 3), co-sponsored by Mayor's Committee on Individuals with Disabilities.

For more information: http://disability.law.uiowa.edu/lhpdc/events/ncd_ic_mar05.html

2. LANE VS. TENNESSEE - PLAINTIFFS REACH SETTLEMENT WITH THE STATE OF TENNESSEE, PRESS RELEASE, TENNESSEE PROTECTION & ADVOCACY, INC.
Mar. 23, 2005

http://www.tpainc.org/LanePressRelease.pdf

The Plaintiffs in Lane v. Tennessee announced today that they have entered into a full settlement agreement with the State of Tennessee. In 1998, Plaintiffs George Lane and Beverly Jones filed a lawsuit alleging that the State of Tennessee and twenty-five Tennessee counties were in violation of Title II of the Americans with Disabilities Act (ADA) by failing to ensure that the State's judicial program is accessible to individuals with disabilities. This settlement with the State of Tennessee comes after a landmark victory at the United States Supreme Court last May.

The State of Tennessee through the Administrative Office of the Courts (AOC) agreed to recommend to the Tennessee Supreme Court that a Tennessee Judicial Branch Americans With Disabilities Act Policy Regarding Access to Judicial Programs policy be implemented. On March 21, 2005, Tennessee Chief Justice Frank Drowota III signed an order implementing that policy. Although this lawsuit was limited to the issue of access to the judicial program by persons with mobility disabilities, the Tennessee Judicial Branch ADA policy is comprehensive and is intended to ensure that people with all types of disabilities have access to the State's judicial program.

3. NATIONAL COUNCIL ON DISABILITY LAUNCHES NEW DISABILITY LISTSERV

The National Council on Disability (NCD) today launched a new disability listserv that will provide critical information on issues affecting people with disabilities, including a monthly newsletter known as the NCD Bulletin, news releases, legislative updates, and other newsworthy items.

The NCD listserv will be maintained by the U.S. Government Printing Office (GPO), which currently operates 19 government listservs http://listserv.access.gpo.gov/. Use of GPO as the site administrator will help maintain system integrity.

To subscribe to the NCD's listserv, send the following command:

SUBSCRIBE NCD-NEWS-L (FIRSTNAME LASTNAME)

to LISTSERV@LISTSERV.ACCESS.GPO.GOV

or go to http://listserv.access.gpo.gov/ and click on Online mailing list archives, then select NCD-NEWS-L and complete the short subscription form.

NCD is an independent federal agency making recommendations to the President and Congress to enhance the lives of people with disabilities and their families. In 1986, NCD first proposed and then drafted the original ADA.

4. ITTATC RELEASES BETA VERSION OF ACCESSIBILITY CONSULTANT CHOOSER

ITTATC has developed a web-based tool called the Accessibility Consultant Chooser (or ACC), which steps you through the process of finding an accessibility consultant. As a result of using the ACC, you will obtain the following information: (a) an RFP template that includes a basic description of the accessibility problem(s) that you are trying to solve and the activities that you want an accessibility consultant to perform; (b) a list of potential candidate consultants; (c) questions to ask of candidate consultants; and (d) questions to ask of the consultant's references.

The ACC is now available on the ITTATC website in "beta" form at http://www.ittatc.org/technical/ACC/login.php. Users are encouraged to use the tool and then provide ITTATC with feedback via the form that is provided at the bottom of every page, or you can email your comments to ITTATC@ITTATC.org. We will use your feedback to improve the ACC before it is released in "final" form.

5. ITTATC WELCOMES NEW PI, DR. DENNIS FOLDS

ITTATC welcomes Dr. Dennis Folds to the position of Principal Investigator/Project Director for the ITTATC project. Dr. Folds is a long-time member of the ITTATC project, serving as leader of the Project Evaluation Team. He concurrently serves as Principal Research Scientist and Head, Human Factors Branch, Electronic Systems Laboratory at the Georgia Tech Research Institute. He holds a doctorate in Engineering Psychology from Georgia Institute of Technology and has over twenty-four years experience in human factors engineering and human performance. ITTATC welcomes Dr. Folds, and we look forward to his stewardship of the project.

ARTICLES/PUBLICATIONS

1. INTERNET TELEPHONE SERVICE: A NEW ERA OF COMPETITION IN TELECOMMUNICATIONS

Robert D. Atkinson, Internet Telephone Service: A New Era of Competition in Telecommunications, Government Technology Executive News, Mar. 18, 2005.

http://www.govtech.net/news/news.php?id=93410

This article argues that traditional telephone regulation is unsuited to the new technology of Internet telephony, i.e. Voice over Internet Protocol (VoIP). VoIP is capable of performing all traditional telephony functions and numerous others such as providing greater accessibility for persons with hearing impairments (see ITTATC Newsletter, Jan. 1, 2005, at http://www.ittatc.org/news/january_05.cfm#resources2). The author argues that Congress needs to act to ensure that public utility commissions do not impair the growth of VoIP by imposing outdated state and federal regulations on the industry.

This article is based on a March 2005 Internet Telephone Service Policy Report: http://www.ndol.org/documents/VoIP.pdf

2. MORE CITIES USING DIGITAL TECHNOLOGY TO ADVANCE CONSTITUENT SERVICES, GOVERNMENT TECHNOLOGY EXECUTIVE NEWS
March 3, 2005

http://www.govtech.net/news/news.php?id=93241

The National League of Cities (NLC) and the Center for Digital Government have completed the "2004 Digital Cities Survey," a report on the increased use by cities "of Web-based and Internet services to enhance citizen involvement and increase response times for a variety of constituent services." Their report stems from a survey of the chief information officers and governing officials in 183 cities.

Online services increasingly include the ability to apply for building permits, make online bids, make utility payments and parks and recreation reservations, apply for jobs, and gather information regarding emergency preparedness and licensing.

To access the report: http://www.centerdigitalgov.com/center/fileReg.php?file=2004DigCitiesReport.pdf&name=Digital%20Cities%20Survey%20Report

3. MICHIGAN INTRODUCES TEXT VERSION OF STATE WEBSITE, GOVERNMENT TECHNOLOGY EXECUTIVE NEWS
March 3, 2005.

http://www.govtech.net/news/news.php?id=93186

The State of Michigan's web sites now provide a text-only format for every page. A link to the text version is available uniformly at the top of each page.

Access Michigan.gov at: http://www.michigan.gov/

4. NEW YORK CITY COUNCIL ADOPTS RESOLUTION SUPPORTING HIGH-SPEED INTERNET IN LOW INCOME HOUSING, GOVERNMENT TECHNOLOGY EXECUTIVE NEWS
Feb. 28, 2005

http://www.govtech.net/magazine/channel_story.php?channel=14&id=93182

The New York City Council unanimously passed a resolution requiring publicly financed and subsidized housing developments to provide high-speed Internet access in every unit for $10 or less per month. The resolution results, in part, from a public policy initiative by the non-profit One Economy Corporation, which "has affected policy change in 29 states and two cities since its launch in February 2004."

PAST EVENTS

1. CSUN"s 20th ANNUAL INTERNATIONAL CONFERENCE "TECHNOLOGY AND PERSONS WITH DISABILITIES"
March 14–19, 2005
Los Angeles, CA

This comprehensive, international conference addressed the uses of technologies across all disabilities, employment, ages, levels of education and training, and independent living.

ITTATC, CATEA, LHPDC, and GTRI staff made presentations, including the following:

• Accessible Video in a Diverging Web Environment (David Klein & Kenneth Thompson; Law, Health Policy & Disability Center)
• Introducing the Accessibility Consultant Chooser: An Online Tool (Deborah Bursa)
• Using the "508 Assistant" to Support Design and Procurement of Accessible Technology (Brad Fain, Deborah Bursa)
• Case Studies of Accessibility Approaches Among Electronic and Information Technology Manufacturers (Dennis Folds, Brad Fain)
• Where Do Accessible Products Come From and Why Does It Take So Long? (Timothy Creagan)
• Advocacy Strategies: Using The Law to Increase Accessibility of E&IT and Telecommunications (Timothy Creagan, ITTATC, co-presenter with Lainey Feingold, Esq.)
• Market Forces Driving The Design Of More Accessible Information & Communication Technologies (ICT) (Steve Jacobs)
• Web-Based Continuing Education on Workplace Accommodations (Karen Milchus)
• Workplace Accommodations and ADA Title 1: Policy and the Metrics of "Reasonable" (Paul Baker & Lynzee Head).
• The User Experience: A Case Study of Web Site Accessibility and Usability (Elizabeth Bryant).

For more information: http://www.csun.edu/cod/conf/index.htm.

RESOURCES

1. CAPTIONED MEDIA PROGRAM (CMP) ONLINE

The Captioned Media Program (CMP) supports a U.S. Department of Education initiative "to provide all persons who are deaf or hard of hearing awareness of and equal access to communication and learning through the use of captioned educational media and supportive collateral materials." The CMP is also a closed captioning training and information center aiming to integrate media into "the lifelong learning process for all stakeholders in the deaf and hard of hearing community."

2. "FACE" PHONE HELPS HEARING IMPAIRED

Julie Clothier, "Face" Phone Helps Hearing Impaired, CNN, March 17, 2005.

http://www.cnn.com/2005/TECH/03/17/spark.lipread/index.html

A cooperative effort of European research groups using the technology of Synface software has developed a program that provides a real-time, talking "virtual face" displaying the words being spoken over the telephone for lip reading. Prototypes presently are being tested in field trials. Anticipated further improvements include increasing speech recognition for daily use.

3. IBM VIASCRIBE & CAPTIONMENOW

IBM's Viascribe and CaptionMeNow technologies offer ways to transcribe lectures into text in real time and take a captioned museum tour using a handheld computer.

IBM Products and Research.

http://www-306.ibm.com/able/solution_offerings/research.html

See also Bill Meisel, Accessibility Can Be Viewed As an Extension of Usability, and IT's Good Business (Interview with Sara Basson, IBM), Mar. 2005.

http://www-306.ibm.com/able/news/sara_basson.html

4. DATABASE SYSTEMS CORP. ANNOUNCES MESSAGE BROADCASTING SUPPORT FOR TTY / TDD HEARING IMPAIRED DEVICES, EMEDIAWIRE
March 7, 2005.

http://www.emediawire.com/releases/2005/3/emw213314.htm

Database Systems Corporation (DSC) is a provider of TTY (Teletypewriter) and TDD (Telecommunications Device for the Deaf). Its broadcasting support service permits message delivery to both TTY / TDD devices and standard phones, emergency notification, and "provides a utility that helps administrators create TTY messages online."

5. 2005 BLUE BOOKS PUBLISHED BY TDI

TDI (formerly Telecommunications for the Deaf, Inc.) has announced the release of its 2005 Blue Book, i.e., the "National Directory and Resource Guide." The Blue Book "contains over 30,000 listings of businesses and residences with TTY, FAX, email, and web listings,…local, state and federal government numbers," and an article co-authored by ITTATC staff members, Tim Creagan and Deborah Bursa, called "Sections 255 and 508 in Action."

For information on obtaining a copy, visit www.tdi-online.org or contact Tim Creagan at tim.creagan@ittatc.org.