the Federal Communications commission will adopt accessibility guidelines
for telephone equipment and information services on July 14. the meeting
will be transmitted live in Real Audio on the commission's web site at
http://www.fcc.gov Depending on the rules adopted, industry may challenge
them in court and demand that implementation be suspended, as described in
the article below.
kelly
The Wall Street Journal
July 7, 1999
Dow Jones Newswires
Industry Wary Of FCC Rules On Telecom And The Disabled
By MARK WIGFIELD
WASHINGTON -- Features like the small nub on the "five" key on some
telephones may become more common, thanks to new rules the Federal
Communications Commission is expected to consider next week.
This simple cue on the telephone keypad is useful for anyone trying to
use a keypad by touch, whether the user is legally blind or trying to
dial a cell phone on a dark street.
The "useful for anyone" tack is being taken by FCC staff as they
prepare rules meant to ensure that the disabled can use
telecommunications services. Keypad nubs, volume controls, large
lettering and other changes help all users, whether the person is
deaf, for example, or simply trying to crank up the volume on a cell
phone on a noisy street.
But some changes may not be as easy to make. Equipment manufacturers,
phone companies and software makers are watching closely to see
whether the FCC will require changes to so-called "information
services," such as voice mail, and software enabling computers to
become telephones.
Indeed, the Cellular Telephone Industry Association is warning the FCC
that it doesn't have the legal authority to enforce requirements on
anything that is not strictly defined as telecommunications service or
equipment - a category CTIA says excludes voice mail and the like. The
group is urging that the FCC delay requirements for voice mail and
interactive services until a better record is developed.
Otherwise, industry may mount legal challenges that would further
delay efforts to make telecommunications services more accessible, a
policy already three years in the making.
"If they go out with an order they know will attract a legal
challenge, then don't be surprised when it is legally challenged,"
said Brian Fontes of CTIA, speaking generally. "We're looking at how
to move forward without creating uncertainty" for the basic rules
governing telecommunications.
The 1996 Telecommunications Act requires that providers of
telecommunications services ensure that the service is usable by
people with disabilities, as long as any changes required are "readily
achievable." There is broad agreement that technology has indeed made
that goal easier to achieve.
"If this was five years ago, I would be standing up and saying this is
unreasonable," says Gregg Vanderheiden, professor of industrial
engineering at the University of Wisconsin, who has advised the FCC on
the issue.
But low-cost electronics, miniaturization and programmable phones make
designing equipment for the disabled relatively easy, Vanderheiden
says.
Industry agrees. But it's watching closely on how the FCC will define
"readily achievable." It also opposes extending standards to an entire
product line, as opposed to a product within a line.
It will watch how the FCC intends to enforce the rules. Everyone has
agreed that a five-day complaint process initially proposed won't work
- but industry appears to have lost a battle to have complaints
referred to it first.
Next On FCC Docket: Information Services
The FCC also appears to be heading toward a standard that will include
the so-called information services, despite opposition from groups
ranging from the United States Telephone Association, representing
major local telephone companies, to the Business Software Alliance,
representing companies like Compaq Computer Corp. (CPQ) and Microsoft
Corp. (MSFT).
The FCC's hand is strengthened by letters forwarded by senators and
congressmen from disabled constituents. Malisa Janes, a
hearing-impaired constituent of House Ways and Means Committee Chair
Bill Archer, R-Texas, wrote of her frustrations trying to use voice
mail with her "TTY" machine, or tele-typewriter, used to send written
messages over the phone lines.
"Voice mail is a nightmare requiring multiple dial-backs with no way
to know if you got the full message on before being cut off," James
wrote. "Information lines talk too fast to get any information."
- Mark Wigfield, 202-828-3397;
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