Bonnie O'Day, has asked me to post the following message she wrote.
Bonnie's settlement last month with Audiovox yielded the first talking
cell phone compatible with CDMA technology, the predominant wireless
transmission standard used in the United States.  Currently the phone is
available as the Toshiba 4050 from Sprint Wireless.

Kelly


From: "Bonnie O'Day" <[log in to unmask]>
Date: Wednesday, January 07, 2004 5:45 PM


Hello listers:

I saw the correspondence about the press release regarding my Audiovox
settlement.  I have been traveling over the holidays, and
although the notes were posted some time ago, I do want to respond.

It is extremely heartwarming to note the interest and support in the
Audiovox and Verizon cases.  It has been over three years since I filed
the
informal complaints.  The road to settlement with Audiovox has been
arduous
and full of complexity and the complaint against Verizon is still
outstanding.  I filed the complaint for myself and every other blind
person
who wishes to use cellular telephones.  I did not ask for or receive any
financial compensation from either organization, but it is gratifying to
see
the first steps in the settlement being implemented.  It is my hope and
expectation that phones with additional access features at an affordable
price will be available in the fairly near future.


I did not draft a press release personally.  Press releases were
developed
by Audiovox and my attorney during confidential settlement negotiations.
Because those that supported me could not participate in the final
confidential settlement process, I was unsure that they formally approved
of
the full settlement.  I hope they will, given the giant step forward in
access that has been achieved.

I would like to take this opportunity to recognize the following
individuals
and organizations:


Of course, my attorneys, Scott Strauss and Allison Driver from Spiegel
and
McDiarmid provided the legal expertise for the case.  They devoted
countless
hours--working on the case almost full time for several months during the
past year--at no charge.  This significant commitment of time and
expertise
by the law firm should not be underestimated.  It is worth noting that
Speigel is not a civil rights law firm; their expertise is in
telecommunications.  They agreed to accept the case because of their
commitment to access of telecommunications products and services for
people
with disabilities and their interest in charting new ground in this area.

Second, the case would not have been possible without the able assistance
of several staff members of the American Foundation for the Blind.  Paul
Schroeder and Janina Saijka spent countless hours educating
representatives
of Audiovox and Verizon about Section 255 of the Telecommunications Act
of
1996, our access needs and how these needs could be addressed.  Paul and
Janina possess a knowledge of Section 255 and the technical aspects of
cellular phone operations that I simply do not have.  Additionally, I
wish
to recognize Caesar Eghktesadi, an engineer with a background in
universal
design of cell phones, who was able to actually demonstrate how an
accessible cell phone could work.  Caesar's technical expertise was
invaluable to my case.

And finally, I really appreciated the support of the American Council of
the
Blind, in particular, Charlie Crawford, former executive director  and
Penny
Reader, the current acting executive director.  ACB has advocated for
cell
phone access through many actions.  For example, Charlie Crawford
organized
the submission of several informal complaints by ACB members. ACB
formally
supported the complaint when it was filed and Penny Reader drafted a
press
release to that affect.  Charlie attended several meetings with the FCC,
Audiovox and Verizon, informing them that their actions were very
important
to ACB and that thousands of blind ACB members across America in all 50
states were concerned.  He also assisted on several "strategy sessions"
with
my attorneys and I to insure that we remained strong and committed to
seeing
this through.

While we have reached a major milestone, there is still a long way to go.
Only one of the two complaints has been settled.  And of course, once a
settlement is reached, monitoring and follow-up are essential to make
sure
that all sides honor their commitments.  I will keep folks on the list
informed of any future developments.


Bonnie O'Day, Ph.D.
Senior Research Associate
 Cornell Center for Policy Research
2455 North Stevens Street
Alexandria, VA  22311
703.845.3436
[log in to unmask]


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