December 1, 2004 (Vol. 5, Issue 2)

In This Issue:

UPCOMING EVENTS

1. 20th Anniversary "Technology, Colleges and Community" (TCC) Worldwide Online Conference
2. GSA Assistive Technology Day, December 2004 to Feature Telecommunications Products

FCC TELECOMMUNICATIONS/REGULATIONS

1. FCC Asserts Regulatory Authority over Telecommunications Services
2. FCC Releases Order Adopting Rules for Broadband over Power Lines
3. FCC Seeks Comment on Expiration of Waiver of Three-Way Calling Requirement for Providers of TRS

FOR YOUR ACTION/INFORMATION

1. ITTATC Releases Web Access Policy & Standards Construction Tool
2. Updated "Speak Out" Now Available
3. Whether ADA Will Require Business Websites to Be Accessible Remainds Open Question Per 11th Circuit Court of Appeals
4. Section 508 to Apply Even to Small Purchases Starting April 1
5. A New Rule of Cursor Control: Just Follow Your Nose
6. Web Site Accessibility - It's Just Good Sense
7. Contest Announced by IDEAL Group

ARTICLES/PUBLICATIONS

1. NCD Calls for Changes in Design & Manufacture of E&IT for People with Disabilities
2. Setting Sites on Section 508
3. Street Smarts: A Device to Help the Blind Find Crosswalks

PAST EVENTS

1. ITTATC Sponsors Webcast of Several Sessions from IDEA 2004

RESOURCES

1. CaptionKeeper Converts Closed Captions for Internet Use
2. Breakthrough in Adaptive Reading Technology Opens New Doors for Millions with Impaired Vision
3. Sun Demos Accessibility for Open-Source Systems
4. Authentication Solution Helps the Disabled Securely Access Computers at Work and Elsewhere
5. Microsoft and HiSoftware Colalborate on Free Accessible Multimedia Software Bundle

UPCOMING EVENTS

1. 10th ANNIVERSARY "TECHNOLOGY, COLLEGES AND COMMUNITY" (TCC) WORLDWIDE ONLINE CONFERENCE

10th Anniversary TCC Worldwide Online Conference: “Backwards or into the Future?” Apr. 19-21, 2005. http://tcc.kcc.hawaii.edu

“The TCC Online Conference coordinators invite faculty, support staff, librarians, counselors, administrators, and consultants to submit proposals for papers and other presentations that address the impact of technological change, the Internet, and other technologies on how we teach and learn in colleges and universities worldwide.”

2. GSA TO DETERMINE TELECOMMUNICATIONS PRODUCTS AT DECEMBER 2004 ASSISTIVE TECHNOLOGY DAY

The December 2004 Assistive Technology Day at the central office of the General Services Administration will showcase telecommunications products, including amplified telephones, TTYs, and multimedia headsets, from Planatronics, Inc. and their Clarity Division. The event will be held on Thursday, December 16, 2004, from 9 a.m. to 3 p.m. (with presentations given at 9 a.m., 10 a.m., 11 a.m., 12 p.m., 1 p.m., and 2 p.m.). Interested parties can come to the U.S. General Services Administration (Central Office), at 1800 F. Street, NW, Room 1216, Washington, DC 20405.

The December 2004 Technology Day is open to Government employees and non-government employees and individuals interested in technology for persons with disabilities. This event is free and no registration is required.

For further information please contact Marilyn Estep, 202-501-3322 (voice) 202-501-2010 (TDD), or email: marilyn.estep@gsa.gov.

To see the complete announcement of this event, access:
http://www.section508.gov/index.cfm?FuseAction=Content&ID=133

DISCLAIMER: GSA, CITA does not endorse the products mentioned above or any other products displayed or demonstrated in their Assistive Technology Showcase. All references to products are solely for the purpose of educating the workforce on assistive technology products for persons with disabilities.

Some of the products to be featured appear on the following list. For a complete description of the product and its features, access the link given.

CS50 Wireless Headset System
http://www.plantronics.com/media/media_resources/literature/office_callcenter/cs50_eng.pdf

XL40 - Amplified Telephone
http://www.clarityproducts.com/store/Downloads/XL-40.pdf

Q90 - Digital Combination TYY/VCO w/ Answering (Q-79040)
http://www.clarityproducts.com/store/Downloads/Q-90D.pdf

M2500 - Bluetooth Headset
http://www.plantronics.com/media/media_resources/literature/cordless_mobile/ m2500_print_en.pdf

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FCC TELECOMMUNICATIONS/REGULATIONS

1. FCC ASSERTS REGULATORY AUTHORITY OVER TELECOMMUNICATIONS SERVICES

FCC Asserts Regulatory Authority over Telecommunications Services, Memorandum Opinion and Order FCC 04-267 (Nov. 9, 2004).

In an opinion and order issued November 9, 2004, the FCC (The Commission) preempted an order of the Minnesota Public Utility Commission seeking to apply its state “telephone company” regulations to Vonage’s DigitalVoice service. The Commission determined “that DigitalVoice cannot be separated into interstate and intrastate communications for compliance with Minnesota’s requirements without negating valid federal policies and rules.” The FCC wishes to make it “clear that this Commission, not the state commissions, has the responsibility and obligation to decide whether certain regulations apply to DigitalVoice and other IP-enabled services having the same capabilities. For such services, comparable regulations of other states must likewise yield to important federal objectives. Similarly, to the extent that other VoIP services are not the same as Vonage’s but share similar basic characteristics, we believe it highly unlikely that the Commission would fail to preempt state regulation of those services to the same extent.” (Order at 1)

To read the full text of the opinion, access:
Text: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-267A1.txt
WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-267A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-267A1.pdf

2. FCC RELEASES ORDER ADOPTING RULES FOR BROADBAND OVER POWER LINES

FCC Releases Order Adopting Rules for Broadband over Power Lines, Government Technology News, Oct. 29, 2004. http://www.govtech.net/?pg=news/news&id=91928

The Federal Communications Commission released “Report and Order FCC 04-245,” which adopts new rules for the use of broadband via power lines (BPL). “The FCC believes the new rules will promote the development of BPL systems by removing regulatory uncertainties for BPL operators and equipment manufacturers while ensuring that licensed radio services are protected from harmful interference.”

Read the Report and Order:

Text: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-245A1.txt
Word: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-245A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-245A1.pdf

3. FCC SEEKS COMMENT ON EXPIRATION OF WAIVER OF THREE-WAY CALLING REQUIREMENT FOR PROVIDERS OF TRS

On November 30, 2004, the FCC released Public Notice No.: DA 04-3709, establishing a pleading cycle for CC Docket No. 98-67 and CG Docket No. 03-123, seeing comment on the expiration of the waiver of the three-way calling requirement for providers of telecommunications relay services (TRS)

Comments are due December 17, 2004, Reply Comments are due December 30, 2004.

On February 24, 2005, the one-year waiver of the requirement that TRS providers (including providers of captioned telephone service) offer three-way calling will expire. The Commission seeks comment on whether TRS providers will be able to offer this feature as of that date, or whether it is necessary to extend this waiver. We also seek comment on whether, instead of a waiver, the requirement might be modified or clarified and, if so, how.

To read the full text of the notice:

Text: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3709A1.txt
WORD: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3709A1.doc
PDF: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3709A1.pdf


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FOR YOUR ACTION/INFORMATION

1. WEB ACCESS POLICY & STANDARDS CONSTRUCTION TOOL

ITTATC is pleased to announce that the Web Access Policy & Standards Construction Tool is now available for use. The tool helps state and local governments (as well as other organizations) develop policies and standards that support the development, procurement, and maintenance of accessible websites. The tool guides the user through the process of creating a policy or standards document by posing questions and issues that should be considered along the way. The user also can view excerpts and sample language from existing state government policies and standards documents; these excerpts (along with links to the source documents) can be selected and saved to the user's working document. The resulting resource provides a strong foundation upon which the user can create a custom policy and/or standards document that supports their particular situation. If you are interested in trying the tool, go to http://www.ittatc.org/state/policy/ where you can explore the tool in "demo mode." When you are ready to create your own web access policy and/or standards, create a user ID and password and your selections and edits will be saved to a working document. ITTATC is interested in hearing your feedback on the tool -- both constructive criticism and words of praise. You can use the feedback form at http://www.ittatc.org/contact/mailform.cfm to provide input, or you can send your comments in an email to ITTATC@ITTATC.org.

2. UPDATED "SPEAK OUT" NOW AVAILABLE

ITTATC has updated its popular resource called "Speak Out About Inaccessible Information and Telecommunication Technology." The updated version includes a new chapter on "Scenarios and Sample Letters of Complaint" as well as a 19.5" x 21.5" poster that can serve as a quick reference to 13 Federal accessibility laws. The new chapter contains descriptions of several scenarios involving people with disabilities who are trying to use various kinds of technology. After each situation is described, decision logic (explained in the resource) is used to identify the relevant laws. Then a sample letter is provided, along with some letter writing tips, which highlight the points that should be made in a letter of complaint. The poster presents bulleted highlights of the 13 Federal laws and a table that provides an “at-a-glance” look at the primary areas of applicability for each of the laws. The "Speak Out" poster is included with the updated "Speak Out" book but it also is available as a standalone product. You can find the online version of the updated "Speak Out" at http://www.ittatc.org/technical/speakout/index.cfm. Print and CD versions of the updated "Speak Out" resource will be available soon. The poster can be ordered now by calling 1-866-948-8282 (voice/TTY) or by emailing ITTATC@ITTATC.org. Both the Speak Out and its poster are available for no charge.

3. WHETHER ADA WILL REQUIRE BUSINESS WEBSITES TO BE ACCESSIBLE REMAINS OPEN QUESTION PER 11th CIRCUIT COURT OF APPEALS

[Feedback from readers to the November issue of the ‘ACCESS E and IT NEWS’ indicated some question as to the status of the law after this decision. We intend the following summary to clarify the issue.]

This case concerned the issue of whether or not a commercial website owned and operated by an airline had to be accessible to persons with disabilities pursuant to the Americans with Disabilities Act. The U.S. District Court for the Southern District of Florida found that the website of Southwest Airlines, Southwest.com, by itself, was not a place of public accommodation, contrary to plaintiffs’ allegations in their original complaint, and therefore was not covered under Title III of the ADA.

On appeal to the Eleventh Circuit Court of Appeals, Access Now, Inc., the plaintiff-appellants, changed their theory of the case, raising for the first time the argument that Southwest Airlines, together with its website and travel services provided, as a whole, was a place of public accommodation and thus subject to Title III of the ADA, among other allegations. The Eleventh Circuit noted that the appellants had abandoned their original theory of the case and the claims arising from it on appeal. In addition, the Court noted that the Appellants had raised on appeal, a new theory that relied on critical facts and arguments never presented to the District Court below. The Eleventh Circuit, citing well-established precedent, declined to address the merits of the case, and dismissed the appeal. The Court did, however, note that the question of whether or not the Internet was covered by the ADA was a question of substantial public importance, but could not be addressed in the instant case.

To see the full text of the opinion of the 11th Circuit Court of Appeals, access: Access Now, Inc. v. Southwest Airlines Co., No. 02-16163 (11th Cir. Sept. 24, 2004). http://www.ca11.uscourts.gov/opinions/ops/200216163.pdf

To read another account of the case: http://jurist.law.pitt.edu/gazette/2004/09/access-now-v-southwest-airlines-11th.php

4. SECTION 508 TO APPLY EVEN TO SMALL PURCHASES STARTING APRIL 1, 2005

Section 508 to Apply Even to Small Purchases Starting April 1,
By Jason Miller, Government Computer News, Nov. 3, 2004.
http://www.gcn.com/vol1_no1/accessibility/27814-1.html

In an article posted by GCN, it was reported that the Federal Acquisition Council will remove the exemption of federal IT purchases that are less than $2,500 from Section 508 procurement requirements on April 1, 2005. Lesley Field, Chairwoman of the Section 508 Working Group, noted that three-and-a-half years has been enough time for industries to adjust to 508.

The Office of Federal Procurement Policy and the General Services Administration (GSA) are developing “outreach and training sessions to help federal employees meet the mandate,” and the GSA’s Buy Accessibility Wizard offers contracting officers and federal employees guidance for complying with 508. To link to the Wizard, visit this link: http://207.72.6.51/AccessibilityForum_beta2/Main.jsp

5. A NEW RULE OF CURSOR CONTROL: JUST FOLLOW YOUR NOSE

Ian Austen, A New Rule of Cursor Control: Just Follow Your Nose, New York Times, Oct. 28, 2004, at G7.
http://www.nytimes.com/2004/10/28/technology/circuits/28next.html?ex=1099992779&ei=1&en=d32749d717c0adc2

The “nouse” is a cursor-control alternative to using a hand-operated mouse, named for its frequently being mounted near the nose. It utilizes the technology of the visual recognition of body motion, which Canadian scientist Dr. Dmitry O. Gorodnichy previously used as part of a team developing the space shuttle’s robotic lifting arm. The nouse is generally intended for use by individuals with disabilities that have motor impairments.

Also available at: http://www.matr.net/print-12427.html

ARTICLES/PUBLICATIONS

1. NCD CALLS FOR CHANGES IN DESIGN & MANUFACTURE OF E&IT FOR PEOPLE WITH DISABILITIES

Press Release, National Council on Disability Calls for Changes in Design and Manufacture of Electronic and Information Technology for People with Disabilities (Oct. 28, 2004).
http://www.ncd.gov/newsroom/news/2004/r04-466.htm

The “Design for Inclusion: Creating a New Marketplace” report from the NCD calls for the Electronic & Information Technology industry to incorporate principles of universal design into their products. Specifically, ATM machines, cell phones, distance learning, personal digital assistants, televisions, and voice recognition software are targeted by the report.

Read the report: http://www.ncd.gov/newsroom/publications/2004/newmarketplace.htm

PAST EVENTS

1. ITTATC SPONSORS WEBCAST OF SEVERAL SESSIONS FROM IDEAS 2004

For the second year in a row, ITTATC sponsored the web cast of several sessions from the annual IDEAS Conference. ITTATC sponsored the web cast of session from “IDEAS 2004: the Interagency Disability Educational Awareness Showcase,” held on November 2-3, 2004. The sessions were web cast as live events, and they also are available for viewing from the archives.

The following sessions were web cast:

• Voluntary Product Assessment Template (VPAT) - What It Is, How Industry and Agencies Use It
• Building Compliant Web Sites Using the Latest Tools
• Voice Over IP Accessibility
• Practical and Tactical Elements of Testing Acquisition and Technology
• Tools and Technologies
• 508 Case Histories

RESOURCES

1. CAPTIONKEEPER CONVERTS CLOSED CAPTIONS FOR INTERNET USE

The new CaptionKeeper software “converts television-based closed-caption data into web streaming formats. . . . suitable for live and archived multimedia presentations in RealPlayer™, Windows Media™ Player and QuickTime™ Player formats.” CaptionKeeper is also capable of meeting Section 508 requirements. For more information: http://ncam.wgbh.org/webaccess/captionkeeper/

2. BREAKTHROUGH IN ADAPTIVE READING TECHNOLOGY OPENS NEW DOORS FOR MILLIONS WITH IMPAIRED VISION

Press Release, Pulse Data HumanWare, Breakthrough in Adaptive Reading Technology Opens New Doors for Millions with Impaired Vision (Nov. 17, 2004). http://www.pulsedata.com/about/news/news171104.asp

Pulse Data HumanWare announced the release of myReader™, a new, compact and transportable, low vision auto-reading device. For more information: http://www.myreader.com