News from the FCC, DOJ, Access Board

Over the summer federal regulators have been busy working on issues that impact people with disabilities. In case you missed it while you were enjoying your summer vacation, here are a few of the notices issued from the Federal Communications Commission (FCC), the US Department of Justice (DOJ) and the US Access Board that impact people with hearing loss.

From the Federal Communications Commission (FCC)

8/5/2010. FCC TAKES STEPS TO EMPOWER CONSUMERS WITH HEARING LOSS BY ENCOURAGING HANDSET DEVICE INNOVATION. The Federal Communications Commission took important steps to ensure that the latest wireless phones are hearing aid-compatible, expanding access to mobile networks and services for the 8 million Americans who use hearing aids. These actions encourage innovation and investment and foster an environment that enables Americans with hearing loss to have meaningful access to 21st century mobile technology by allowing industry the flexibility to devise a range of solutions that meet consumers’ needs.

The Second Report and Order adopted [8/5/2010] clarifies that the hearing aid compatibility rules cover customer equipment that contains a built-in speaker and is designed to be typically held to the ear. The Order also modifies the de minimis exception in the existing rule so that all large entities are required to offer at least one hearing aid-compatible model after a two-year initial period. The Further Notice of Proposed Rulemaking (FNPRM) seeks comment on extending the hearing aid compatibility rules to cover new handsets and air interfaces.

The FCC also adopted a Policy Statement that emphasizes to developers of new technologies the necessity of considering and planning for hearing aid compatibility at the earliest stages of the product design process. By focusing on the development stage, innovators and entrepreneurs can account for compatibility issues before their first device is ever produced.

This revised rule will be beneficial to consumers, and HLAA was there for you from the start. HLAA raised concerns about the rule in 2007 in connection with other proposed changes to the regulations. Our comments were taken seriously with this Report and Order and the Proposed Rules reflecting our concerns.


9/8/2010. FCC publishes further notice of proposed rulemaking on HAC cell phones. The Commission is seeking comment on potential revisions to its rules regarding rules governing hearing aid compatible mobile handsets (cell phones) to ensure that people with hearing loss have the fullest possible access to the means of wireless communication. Comments are due on October 25, 2010, and reply comments are due on November 22, 2010. HLAA will submit comments to the FCC in the coming weeks.


8/30/2010. The Commission issues three Notices of Apparent Liability for Forfeiture (“NAL”) for three wireless service providers. Each NAL was for fifteen thousand dollars ($15,000) against Oklahoma Independent, Cellular One, and OK-5 Licensee for failing to offer to consumers the required number or percentage of digital wireless handsets that met or exceeded the radio frequency interference standards for hearing aid compatiblity. http://www.fcc.gov/eb/ada


FCC Supports LifeLine/Link-Up Awareness Week. In these times with so many struggling to get by, it is important that everyone understand all of the assistance that is available to help people stay afloat. “Lifeline" and "Link-Up" are programs that ensure that all Americans can get basic telephone service by providing limited discounts to consumers who might not otherwise be able to afford service. Lifeline involves discounts on the cost of monthly telephone service, and Link-Up involves a discount on the cost of initiating telephone service. The discount is available for the primary residential telephone, even if that phone is wireless. The programs have been in place since the 1980s, administered by the federal government and the state public utility commissions, but, nationally, only about a third of low-income consumers who are eligible for the programs participate. To find out about how the discount works in your state and how to apply, go to http://www.lifelinesupport.org/.


From the US Department of Justice (DOJ)

9/15/2010. Final rules on the Americans with Disabilities Act, Titles II and III. The Department’s revised ADA regulations as published in the Federal Register amend the Department’s Title II regulation for State and local governments, and Title III regulation for places of public accommodations and commercial facilities. The final rules take effect on March 15, 2010. Links to the HTML and PDF versions of the revised ADA regulations and fact sheets are available at this link: http://www.ada.gov/regs2010/ADAregs2010.htm


7/26/2010. The Department published four advance notices of proposed rulemaking (ANPRMs) in the Federal Register seeking public comment on the topics addressed by these fact sheets. Comments will be accepted for 180 days.

• Accessibility of Web Information and Services Provided by Entities Covered by the ADA
• Movie Captioning and Video Description
• Accessibility of Next Generation 9-1-1
• Equipment and Furniture

HLAA will be drafting comments and will provide information on ways you too can provide comments on issues DOJ’s rulemaking in the coming weeks.


From the U S Access Board

Access Board Seeks Public Input on Vehicle Guidelines and Information Technology at Chicago Events
The Access Board will hold public events in Chicago on September 29 and 30. The agenda includes a community-wide reception on September 29 and, on the following day, a public hearing on the Board's proposed update of its ADA guidelines for buses and vans and an open forum on ways to improve access to information technology in the Federal sector.

Public Forum on Information Technology in the Federal Sector (Sept. 30, 1:30 to 4:30) As part of a new administration initiative, members of the Chief Information Officers Council will join the Board in conducting the first in a series of listening sessions on ways to promote access to information technology (IT) in the Federal sector under Section 508 of the Rehabilitation Act.


Questions to be explored through this session include:
• What can the federal government do to use technology in new and better ways and to influence technology accessibility?
• What can technology do to improve access and opportunities for people with disabilities and enhance their interaction with the federal government?
• Are there emerging technologies being used by the federal government that people feel left out of?

For more information, visit http://www.access-board.gov/news/chicago.htm


President Barack Obama appoints Karen L. Braitmayer, FAIA, of Seattle and Howard A. Rosenblum of Chicago as members of the U.S. Access Board

Braitmayer is a registered architect and principal with Studio Pacifica, Ltd., an architectural consulting firm focused on accessibility and accessible design that she co-founded in 1993. Braitmayer served as a member of the Washington State Building Code Council from 1994 to 2001 and remains active in the development and update of Washington State’s accessibility code.

Rosenblum is a senior attorney at Equip for Equality, a nonprofit organization responsible for implementing the Protection and Advocacy System in the State of Illinois. He was recently named Chief Executive Officer of the National Association of the Deaf (NAD), a position he will assume next April.
http://www.access-board.gov/news/members2010.htm