August 5, 2005 (Vol. 5, Issue 10)

In This Issue:

UPCOMING EVENTS

1. 8th Annual Accessing Higher Ground: Accessible Media, Web and Technology Conference, November 8-11, 2005.

FCC TELECOMMUNICATIONS/REGULATIONS

1. Cable Providers of Broadband Internet Not Subject to FCC Regulation .
2. FCC Launches Review of Closed Captioning Rules.
3. Petition for Exemption from Closed Captioning Requirements Denied.
4. New Rules Mandated to Improve Video Relay Service Speed of Answer.
5. American Sign Language - Spanish Translation VRS Eligible for TRS Compensation.
6. Two-Line Captioned Telephone Service Eligible for TRS Compensation.
7. FCC Releases Data on High-Speed Internet Access Connections.
8. FCC Sets Compensation Rates for TRS and IP Relay Services.

FOR YOUR ACTION/INFORMATION

1. Florida Governor Creates Governor's Accessible Electronic and Information Technology Task Force.
2. Improved Accessibility for Iowans with Disabilities.

ARTICLES/PUBLICATIONS

1. Promoting Mobility - Celebrating Ability.
2. Call for 'Designer' Hearing Aids.

PAST EVENTS

1. 20th International SHHH Convention.
2. TDI Convention.
3. ADA 15th Anniversary Celebrations.

RESOURCES

1. New IVEO Software Makes Pictures Speak.
2. American Express Announces Availability of Braille & Large Print Statements for Persons with Vision Impairments.
3. InSight Cinema Offers Links to National Listings of Open-Captioned Engagements.
4. Emergencies & Disasters: Planning & Prevention from the Emergency Preparedness Resource Center.

UPCOMING EVENTS

1. 8TH ANNUAL ACCESSING HIGHER GROUD: ACCESSIBLE MEDIA, WEB AND TECHNOLOGY CONFERENCE
November 8-11, 2005
Boulder, CO.

This conference will include more than 45 sessions, including "hands-on labs and lectures...on the availability and benefits of accessible media and technology in the university, college and business setting."

Pre-conference events include: (i) Equal Access to Software & Information (EASI) sessions on library access; (ii) California State University, Northridge (CSUN) 'AT Applications Certificate Program' (ATACP) trainings; (iii) The Association on Higher Education and Disability (AHEAD) presentations on the NIMUS e-text initiative; and (iv) WebAIM (Web Accessibility in Mind) hands-on workshops addressing 'The Next Generation of Web Accessibility: Perceivable, Operable, Understandable, Robust (POUR).'

For highlights and further information: http://www.colorado.edu/sacs/ATconference/schedovrvw2005.html#highlights

FCC TELECOMMUNICATIONS/REGULATIONS

1. CABLE PROVIDERS OF BROADBAND INTERNET NOT SUBJECT TO FCC REGULATION

The U.S. Supreme Court, in National Cable & Telecommunications Association v. Brand X Internet Services, determined that cable-based Internet providers are not governed by the Communications Act because they do not meet the Act's definition of telecommunications services. Thus, they are exempt from mandatory common-carrier regulations and as such do not need to ensure accessibility.

Read the Court's opinion:

National Cable & Telecommunications Association v. Brand X Internet Services, 125 S.Ct. 2688 (June 27, 2005). http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=us/000/04-277.html#opinion1

Four FCC officials issued individual statements regarding the Supreme Court's Brand X decision on June 27, 2005.

Chairman Kevin J. Martin:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259616A1.doc

Commissioner Kathleen Q. Abernathy
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259628A1.doc

Commissioner Michael J. Copps
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259623A1.doc

Commissioner Jonathan S. Adelstein
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259627A1.doc

2. FCC LAUNCHES REVIEW OF CLOSED CAPTIONING RULES

FCC Launches Review of Closed Captioning Rules, Notice of Proposed Rulemaking (CG Docket No. 05-231, FCC 05-142), July 21, 2005.

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-142A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-142A1.pdf

The FCC has granted a petition to initiate examination of the Commission's closed captioning rules. Specifically, the Commission seeks:

• "the current status of the Commission's closed captioning rules in ensuring that video programming is accessible to deaf and hard of hearing Americans and whether any revisions should be made to enhance the effectiveness of those rules"
• "several compliance and quality issues relating to closed captioning that were raised in a Petition for Rulemaking filed by Telecommunications for the Deaf, Inc. (TDI), the National Association of the Deaf, Self Help for Hard of Hearing People, Inc., the Association for Late Deafened Adults, and the Deaf and Hard of Hearing Consumer Advocacy Network."

3. PETITION FOR EXEMPTION FROM CLOSED CAPTIONING REQUIREMENTS DENIED

FCC, Lewis Memorial Baptist Church, Petition for Waiver of Closed Captioning Requirements, Memorandum Opinion & Order (CSR 6283) (DA No. 05-2045), July 21, 2005.

Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2045A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2045A1.pdf

The Lewis Memorial Baptist Church of Huntington, West Virginia was denied exemption from the closed captioning requirements of Section 79.1 of FCC rules.

4. NEW RULES MANDATED TO IMPROVE VIDEO RELAY SERVICE (VRS) SPEED OF ANSWER

Press Release, FCC, New Rules Adopted to Improve Video Relay Service: Speed of Answer Requirements Now Mandated (July 14, 2005).

Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259991A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259991A1.pdf

The newly adopted rules establish, in part, mandatory speed of answer requirements for VRS. "'Speed of answer' refers to the amount of time that elapses between receipt of dialing information and the dialing of the requested number." The new rules specifically require:

• The phase-in of speed of answer requirements to ensure that 80% of VRS calls are answered in: 180 seconds (as of January 1, 2006), 150 seconds (as July 1, 2006), 120 seconds (as of January 1, 2007).
• VRS must be offered 24 hours a day and 7 days a week "to be eligible for compensation from the Interstate TRS Fund."
• The recognition of VRS Mail as an eligible VRS service for the purposes of compensation so as to permit a VRS provider to leave a voice mail message when a deaf or hearing impaired person calls a hearing person who does not answer.

Review the FCC Report and Order (FCC 05-140), July 14, 2005:

Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-140A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-140A1.pdf

5. AMERICAN SIGN LANGUAGE - SPANISH TRANSLATION VRS ELIGIBLE FOR TRS COMPENSATION

Press Release, FCC, ASL-Spanish Translation Video Relay Service Eligible for Compensation from Interstate TRS Fund (July 14, 2005).

Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259992A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259992A1.pdf

The FCC has concluded that Spanish translation VRS, where "the communications assistant...translates what is signed in American Sign Language (ASL) into spoken Spanish, and vice versa," is a compensable form of Telecommunications Relay Services.

Review the FCC Order on Reconsideration (FCC 05-139) July 19, 2005:

Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-139A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-139A1.pdf

6. TWO-LINE CAPTIONED TELEPHONE SERVICE ELIGIBLE FOR TRS COMPENSATION

Press Release, FCC, Commission Clarifies that Two-Line Captioned Telephone Service is Eligible for Compensation from the Interstate TRS Fund (July 14, 2005).

Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259989A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259989A1.pdf

FCC Order 05-141 will, in part, permit deaf and hearing impaired consumers the use of (i) *69, (ii) call waiting and forwarding, (iii) direct access to 9-1-1 emergency services, and (iv) two or more persons on the line together - using two-line captioned services - "while simultaneously receiving captions back on the second telephone line."

Review the FCC Order (FCC 05-141) July 19, 2005:

Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-141A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-141A1.pdf

7. FCC RELEASES DATA ON HIGH-SPEED INTERNET ACCESS CONNECTIONS

Press Release, FCC Releases Data on High-Speed Services for Internet Access (July 7, 2005).

WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259870A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-259870A1.pdf

This FCC news release concludes, in part, that during 2004 the nation's use of high-speed (HS) lines continued to increase dramatically, including:

• HS lines serving residences and small businesses increased by 36%, to 35.3 million lines.
• HS cable modem lines increased by 30%, to 21.4 million lines.
• Asymmetric digital subscriber lines (ADSLs) increased by 45%, to 13.8 million lines.
• HS services are available in 95% of the nation's ZIP codes.

8. FCC SETS COMPENSATION RATES FOR TRS AND IP RELAY SERVICES

FCC Order, Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities (FCC 05-135), June 28, 2005.
http://www.fcc.gov/Daily_Releases/Daily_Business/2005/db0629/FCC-05-135A1.pdf

This order adopts compensation rates for July 1, 2005 through June 30, 2006. Per-minute rates of $1.579 were adopted for speech-to-speech services, $1.440 for telecommunications relay, $1.278 for Internet protocol relay, and $6.644 for video relay. The order further notes that TRS and IP rates will now reflect their individual demands rather than sharing a rate.

FOR YOUR ACTION/INFORMATION

1. FLORIDA GOVERNOR CREATES COVERNOR'S ACCESSIBLE ELECTRONIC AND INFORMATION TECHNOLOGY TASK FORCE

Press Release, MyFlorida.com, Governor Bush Launches Effort to Expand to Expand Accessibility of Electronic and Information Technology (June 24, 2005). http://www.myflorida.com/myflorida/eogadmin/showPress.jsp?press_id=5325

Governor Jeb Bush signed Executive Order No. 05-133 on June 24, 2005 to create the Accessible Electronic and Information Technology Task Force. The Task Force will "review and assess the state's current web-based systems, identify potential accessibility barriers and recommend changes using existing and emerging technology." Governor Bush noted that "it is imperative we...ensur[e] all Floridians have access to quality information on state services, programs and opportunities." The Task Force will report findings and recommendations to the Governor by January 31, 2006.

Review Executive Order No. 05-133: http://sun6.dms.state.fl.us/eog_new/eog/orders/2005/June/05-133-ADA.pdf

2. IMPROVED ACCESSIBILITY FOR IOWANS WITH DISABILITIES

Improved Accessibility for Iowans with Disabilities, Government Technology News (July 27, 2005), http://www.govtech.net/magazine/channel_story.php/95661

Iowa Lt. Governor Sally Pederson announced yesterday a new link on the state of Iowa's Web site, designed to make it easier for persons with disabilities to access state government services. The "Iowa Disability Agencies" website will allow citizens to go directly to a list of disability services and state agencies that provide those services. The link will also appear on Iowa's Office of the Governor and Lt. Governor website.

The announcement coincides with the celebration of the 15th anniversary of the Americans with Disabilities Act (ADA), which was signed into law in 1990 due to the leadership of Iowa Senator Tom Harkin. The lt. governor also announced that the Iowa Department of Human Rights, in consultation with the state's Information Technology Enterprise, will partner with individuals with diverse disabilities to ensure all state agencies' Web sites are accessible to different populations.

Lt. Governor Pederson added: "The implementation of the ADA has increased Iowa's employment rate and worked toward eliminating discrimination against the largest minority group - individuals with disabilities. It is important for our state to embrace diversity in the workplace and elsewhere in society not only because it is the right thing to do, but also because it helps our economy and maximizes opportunities for all Iowans. Governor Vilsack and I urge all Iowans to join in the effort to create a more enlightened public attitude and encourage the participation of persons with disabilities in society."

See:
Iowa Disability Agencies, http://www.iowa.gov/state/main/disabilities.html
Office of the Governor and Lt. Governor: http://www.governor.state.ia.us/

ARTICLES/PUBLICATIONS

1. PROMOTING MOBILITY - CELEBRATING ABILITY

Motor Trend, NOD, & AARP, Promoting Mobility - Celebrating Ability (July 2005).
http://www.nod.org/Resources/PDFs/MTRP-0507.pdf

The National Organization on Disability (NOD), Motor Trend magazine, and the American Association of Retired People (AARP) have collaborated in producing "Promoting Mobility - Celebrating Ability," a guide examining technology that assists automobile drivers and passengers with disabilities. The guide indicates that "mobility is the key" for the 87 million people who are age 50 and over and the 54 million with temporary or permanent disabilities in the United States.

For more information:
http://www.nod.org/index.cfm?fuseaction=page.viewPage&pageID=1430&nodeID=1&FeatureID=1523&redirected=1&CFID=3159332&CFTOKEN=86208369

2. CALL FOR 'DESIGNER' HEARING AIDS

Geoff Adams-Spink, Call for 'Designer' Hearing Aids, BBC News, July 25, 2005, http://news.bbc.co.uk/2/hi/technology/4706923.stm

The Royal National Institute for Deaf People (RNID), the design magazine Blueprint, and the consulting firm Wolff Olins launched Hearwear in July at the Victoria & Albert Museum in London. The event was "an exhibition of futuristic hearing aids" designed to raise their popular appeal. RNID, anticipating an increase in the number of persons with hearing loss due to noise pollution and longer life spans, "is calling for a revolution in people's thinking about hearing products" to keep up with both technological innovation and fashion.

PAST EVENTS

1. 20TH INTERNATIONAL SHHH CONVENTION
June 30 - July 3, 2005
Washington, DC.

http://hearingloss.org/html/conv2005.html

SHHH celebrated 25 years of "Making a Difference in the Lives of People with Hearing Loss" at the 20th SHHH international convention. The Convention included a keynote address by FCC Commissioner Michael J. Copps introducing "a panel discussion on the changing face of telecommunications," and several workshops addressing technology, such as:

• "The FCC, FDA and Wireless Phone Compatibility" by Larry Kessler (FDA Office of Science and Engineering Laboratories);
• "Reconnect, Don't Disconnect: Overcoming Social Barriers Through Technology" by Catherine Beaton (Rochester Institute of Technology/National Technical Institute of Technology) and Niels-Henrik M. Hansen (Danish Centre for Youth Research at Learning Lab Denmark); and
• "Use of FM Technology to Enhance Business Meetings" by Paul M. Lurie (Schiff Hardin LLP).

In addition to the workshops, attendees also participated in testing of digital wireless cell phones and cordless telephones. To view a summary of the Convention highlights and proceedings, access: http://hearingloss.org/html/conv2005.html

2. 16TH BIENNIAL INTERNATIONAL TDI CONVENTION
July 11-13, 2005
New Orleans, LA

http://www.tdi-online.org/neworleansconference/tdi/16intro.htm

This convention, in part, highlighted the latest innovative technology for consumers with hearing impairments and was addressed by FCC Chief Tom Chandler (proceedings not yet available). For a listing of sessions, access the link given above.

3. ADA 15TH ANNIVERSARY CELEBRATIONS

Celebrations commemorating the fifteenth anniversary of the Americans with Disabilities Act (ADA) took place across the country in late July. For instance:

• NCD ADA Celebrations, July 25-26, 2005, Washington, DC.
  http://www.ncd.gov/newsroom/news/2005/a05-495.htm

On July 25 at the Kennedy Center in Washington, DC, former President George H.W. Bush, the Secretaries of Labor, Health and Human Services, Housing and Urban Development, and Transportation, Senator Tom Harkin (Iowa), Janice M. Tuck (U.S. Access Board), and Lex Frieden (NCD) commemorated the fifteenth anniversary of the Americans with Disabilities Act.

On July 26 at the Marriott (Metro Center), a seminar commemorating the fifteenth anniversary of the signing of the ADA, with six ADA workshops was addressed by Secretary Chertoff of Homeland Security, Commissioner Barnhart of the Social Security Administration, Secretary Mineta of Transportation, and Lex Frieden and Patricia Pound of NCD. An opportunity for public comments was provided at a hearing held by the members of the U.S. Access Board at the seminar. The forum, "Setting a New Agenda," provided an opportunity for the public to provide input on the Access Board's agenda for rulemaking, research, technical assistance, and training.

• U.S. Department of Justice, July 25, 2005, Washington, DC
  http://www.usdoj.gov/opa/pr/2005/July/05_crt_385.htm

In the Attorney General's Conference Center, the DOJ celebrated the ADA's anniversary, in part, by highlighting Project Civic Access - "designed to ensure that access to civic life in this country is a reality for people with disabilities." The event also witnessed numerous representatives from communities around the nation signing municipal accessibility agreements. Speakers included Associate Attorney General Robert D. McCallum, Jr. and Acting Assistant Attorney General Bradley J. Schlozman.

• ADA 15th Anniversary Workshop, July 22, 2005, Iowa City, IA
  http://disability.law.uiowa.edu/lhpdc/events/eventsdocs/adaworkshopreg07-22-2005.pdf

The Law, Health Policy & Disability Center in conjunction with Syracuse University and the EEOC Training Institute hosted an ADA celebration workshop, "Employers, the ADA, and Issues of Disability in the Workforce," with a keynote address by EEOC Chair Cari M. Dominguez. Dr. Peter Blanck, Director of the LHPDC and newly named Chair of the Burton Blatt Institute at Syracuse University, moderated this event largely attended by employers and human resource personnel. Key presentations included a thorough case law update by Christopher Kuczynski (Assistant Legal Counsel, ADA Policy Division, EEOC), and an effective workplace accommodation question and answer session with Helen Adams (Dickinson, Mackaman, Tyler & Hagen, PC) and Phoebe Ball (LHPDC) on the ADA, Family Medical Leave Act, and state Workers Compensation law.

See also: http://www.uiowa.edu/~ournews/2005/july/072005eeoc-dominguez.html

RESOURCES

1. NEW IVEO SOFTWARE MAKES PICTURES SPEAK

News Release, ViewPlus Technologies, New IVEO Software Makes Pictures Speak (May 25, 2005). http://www.newcomputernews.com/detail.htm?sku=15855&News_Categories=Software

New IVEO software from ViewPlus® Technologies enables adding audio labels to digital images for increased accessibility and enhanced learning. An optional Touchpad permits sighted tactile/kinesthetic learners to "read printouts through a combination of sight and touch, receiving audio feedback as they explore the image."

2. AMERICAN EXPRESS ANNOUNCES AVAILABILITY OF BRAILLE & LARGE PRINT STATEMENTS FOR PERSONS WITH VISION IMPAIRMENTS

Press Release, American Express Announces the Availability of Braille and Large Print Card Statements for Persons with Vision Impairments (June 9, 2005).
http://home3.americanexpress.com/corp/pc/2005/braille.asp

American Express announced that U.S. card members with visual impairments may request their billing statements in Braille or large print format, by calling toll-free (800) 528-4800 or the customer service number on their card.

3. INSIGHT CINEMA OFFERS LINKS TO NATIONAL LISTINGS OF OPEN-CAPTIONED ENGAGEMENTS

To locate show times in your area, visit: http://www.insightcinema.org/links.html

4. EMERGENCIES & DISASTERS: PLANNING & PREVENTION FROM THE EMERGENCY PREPAREDNESS RESOURCE CENTER

Disability and Emergency Preparedness Resource Center, Homeland Security Office, Emergencies & Disasters: Planning & Prevention from the Emergency Preparedness Resource Center.
http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0660.xml

"This disability preparedness web site provides practical information on how people with and without disabilities can prepare for an emergency. It also provides information for family members of, and service providers to, people with disabilities.  In addition, this site includes information for emergency planners and first responders to help them to better prepare for serving persons with disabilities."