FCC ACTS TO ENSURE THAT DEAF-BLIND INDIVIDUALS HAVE ACCESS TO 21 st CENTURY COMMUNICATIONS TECHNOLOGIES

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On April 4, 2011, the Commission established a National Deaf-Blind Equipment Distribution

Program (NDBEDP) to enable low-income individuals who are deaf-blind to access 21

st Century communications services. The pilot program will help ensure that qualified individuals have access to the Internet, and advanced communications, including interexchange services and advanced telecommunications and information services.

This action implements a provision of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). The CVAA allocated $10 million annually from the Interstate Telecommunications Relay Service (TRS) Fund for this nationwide equipment distribution effort. The Commission concluded that the best approach would be to establish a two-year pilot program, with the option of extending this for a third year, so that the Commission can assess the most efficient and effective method of administering the NDBEDP on a permanent basis. Under the NDBEDP pilot program, the Commission will certify and provide funding to one entity in each state to distribute equipment to low-income individuals who are deaf-blind.

The Commission will make the full amount of the authorized funding, $10 million, available for each year of the pilot program. Of this amount, the Commission will set aside up to $500,000 per year for national outreach efforts. Each state will initially receive a minimum initial funding allocation of $50,000, with the balance of the available funds allocated in proportion to each state’s population. Certified programs will have to submit documentation to support claims for reimbursement for NDBEDP equipment and related services, up to each state’s funding allocation. Certified programs must submit reports on their activities and expenses every six months, disclose potential conflicts of interest, and conduct annual independent audits

The Commission adopted the following rules and policies for the NDBEDP pilot program:

· Certified Programs: Entities must apply for certification to receive funding support under the NDBEDP pilot program within 60 days of the effective date of the rules. The Commission will certify only one entity for each state.

· Consumer Eligibility: “Individuals who are deaf-blind,” as defined in the Helen Keller National Center Act, are eligible to apply for equipment. Because of the unusually high medical and disability-related costs incurred by these individuals, the Order sets a low-income eligibility threshold of 400% of the Federal Poverty Guidelines.· Equipment: The Order permits distribution of specialized and off-the-shelf equipment, separately or in combination, as long as it meets the needs of the deaf-blind individual and makes communications services covered under the CVAA accessible. The reasonable costs of the equipment distributed, warranties, maintenance, repairs, and refurbishing will be covered.

· Related Services: The reasonable costs of state and local outreach efforts, individual assessments of a deaf-blind person’s communications equipment needs, equipment installation, and individualized training of consumers on how to use the equipment will also be covered under the NDBEDP.

Action by the Commission, April 4, 2011, by Report and Order (FCC 11-56). Chairman Genachowski, and Commissioners Copps, McDowell, Clyburn and Baker. Separate Statement issued by Commissioner Copps.

FCC’s Performance Management Weaknesses Could Jeopardize Proposed Reforms of the Rural Health Care Program

Telemedicine offers a way to improve health care access for patients in rural areas. The Federal Communications Commission’s (FCC) Rural Health Care Program, established in 1997, provides discounts on rural health care providers’ telecommunications and information services (primary program) and funds broadband infrastructure and services (pilot program). GAO was asked to review (1) how FCC has managed the primary program to meet the needs of rural health care providers, and how well the program has addressed those needs; (2) how FCC’s design and implementation of the pilot program affected participants; and (3) FCC’s performance goals and measures for both the primary program and the pilot program, and how these goals compare with the key characteristics of successful performance goals and measures. GAO reviewed program documents and data, interviewed program staff and relevant stakeholders, and surveyed all 61 pilot program participants with recent participation in the program.

What GAO Recommends

GAO recommends that the FCC Chairman assess rural health care providers’ needs, consult with knowledgeable stakeholders, develop performance goals and measures, and develop and execute sound performance evaluation plans. In its comments, FCC did not agree or disagree with the recommendations, but discussed planned and ongoing actions to address them.

Report Highlights

Full Report

Mobile Ability: The Transformational Impact of Wireless Innovation for People with Disabilities | Mobile Future

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In each of our modern lives, broadband holds a pivotal key to enhancing economic opportunities, expanding access to education, improving our health and participating in civil society. Nowhere is this potential more powerfully on display than at the intersection of broadband and mobility.

And, arguably no community has put this nearly limitless potential to more transformational use in their daily lives than the 1 in 5 Americans who, today, are living with disabilities.

This paper examines the progress being made through advancements in mobile devices and services to enhance quality of life and inclusiveness for Americans with disabilities. This intersection of mobile innovation and broadband technologies is unleashing tremendous opportunity for people with disabilities in the areas of employment, health care, education and emergency response.

Additionally, the paper explores next generation technologies and the future of mobile innovation in this area.
Key Innovations

* For the nation’s 37 million adults who experience trouble hearing, a new wireless system developed at the Georgia Tech Research Institute offers those with hearing difficulties the ability to caption events in real-time. The device translates spoken words into text and displays it on a screen.

* For those who have difficulty seeing, new mobile apps can use smartphone cameras to scan labels and announce the contents of grocery items, their nutrition labels, and even pill bottles. When merged with GPS technology, these apps can liberate the visually impaired by giving them step-by-step directions through their smartphone.

* For the 6 to 8 million Americans who have problems speaking, there are many low- or no-cost communications apps available for their cell phone. There’s voice output software that conveys typed messages; downloadable text-to-speech software can be an effective, less-costly alternative to speech devices covered by private insurance and Medicare.

The report also points out several key areas where policymakers can make a difference. They include:

* Freeing up more spectrum,
* Removing bariers like high taxes and fees on communications services,
* Encouraging collaboration between innovators and the disability community,
* Supporting efforts to modernize local 911 infastructures.

The report also points to several key areas where policymakers can make a difference. The most pressing need is to free up more spectrum to accommodate growing demand. Other recommendations include removing economic barriers like high taxes and fees on communications services; leading by example by expanding online footprints for government agencies and making resources more accessible to mobile users; encouraging collaboration between innovators and the disability community; and supporting efforts to modernize local 911 infrastructure.

With the release of its National Broadband Plan and subsequent report on broadband for people with disabilities, the Federal Communications Commission is signaling its own commitment to encouraging these life-changing innovations. At this important juncture, we offer this paper to help inform both great products and meaningful policy.

Download Full Report

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Telecommunications Relay Services and Speech-to-Speech Services

Final rule; extension of waiver.

In this document, the Consumer and Governmental Affairs Bureau (Bureau) extends for an additional year waivers of certain Telecommunications Relay Services (TRS) mandatory minimum standards for Video Relay Service (VRS) and Internet Protocol Relay (IP Relay). The waived TRS mandatory minimum standards are: One-line voice carry over(VCO); VCO-to-teletypewriter (TTY); VCO-to-VCO; one-line hearing carry over (HCO); HCO-to-TTY; HCO-to-HCO; call release; pay-per-call (900)calls; types of calls; equal access to interexchange carriers; and speech-to-speech (STS). Also, in this document, the Bureau grants a limited extension of the waiver of the speed dialing requirement for IP Relay. The Bureau extends the waivers for one year (four months in the case of speed dialing for IP Relay) because the record demonstrates that it is technologically infeasible for VRS and IP Relay providers to offer these services at this time.

DATES: The waivers of certain TRS mandatory minimum standards for VRS and IP Relay will expire on January 1, 2010, except the limited extension of the wavier of the speed dialing requirement for IP Relay, which expired on May 1, 2009.

ADDRESSES: Parties may submit documentation related to the waivers, identified by [CG Docket No. 03-123 and/or DA 08-2808], by mail, to:
Dana Wilson, Consumer and Governmental Affairs Bureau, Disability Rights Office, 445 12th Street, SW., Room 3-C418, Washington, DC 20554.

Implementation of the New and Emerging Technologies 911 Improvement Act of 2008

Notice of proposed rulemaking SUMMARY: The Federal Communications Commission (Commission) adopted a Notice of Proposed Rulemaking seeking comment on rules that must be adopted pursuant to the New and Emerging Technologies 911 Improvement Act of 2008 (NET 911 Act). This action is necessary because the NET 911 Act commands us to issue certain regulations within 90 days of the NET 911 Act's enactment. The intended effect of this action is to generate comment to guide the Commission when issuing those particular regulations. DATES: Comments are due on or before September 9, 2008, and reply comments are due on or before September 17, 2008.

Telecommunications Relay Services and Speech-to-Speech Services Improvements

SUMMARY: In this document, the Federal Communications Commission seeks comment on ways to improve the provision of Speech-to-Speech (STS), including, for example, whether to modify the minimum time period a Communications Assistant (CA) should be required to stay on a call, and ways to improve outreach associated with STS. The Commission also seeks comment on the tentative conclusion that Internet Protocol STS (IP STS) is a form of telecommunications relay service (TRS) eligible for compensation from the Interstate TRS Fund and related issues relevant to the provision, regulation, and compensation of IP STS. These issues include the appropriate compensation rate for IP STS, and whether it should be compensated at the same rate as STS. DATES: Comments are due on or before September 12, 2008. Reply comments are due on or before September 29, 2008.

Notice of Certification of State Telecommunications Relay Service Programs

The applications for certification of TRS programs of the states, territories, and the District of Columbia listed below (hereinafter, ``states'') have been granted, pursuant to Title IV of the Americans with Disabilities Act (ADA), 47 U.S.C. 225(f)(2), and 47 CFR 64.606(b). On the basis of the state applications, the Bureau has determined that: (1) The TRS program of the states meet or exceed all operational, technical, and functional minimum standards contained in 47 CFR 64.604; (2) The TRS programs of the listed states make available adequate procedures and remedies for enforcing the requirements of the state program; and (3) The TRS programs of the listed states in no way conflict with federal law. The Bureau also has determined that, where applicable, the intrastate funding mechanisms of the listed states are labeled in a manner that promotes national understanding of TRS and does not offend the public, consistent with 47 CFR 64.606(d). Because the Commission may adopt changes to the rules governing relay programs, including state relay programs, the certification is conditioned on a demonstration of compliance with any additional new rules that are adopted by the Commission. The Commission will provide guidance to the states on demonstrating compliance with such rule changes.

See Federal Register notice for the list of states and agencies certified.

E911 Requirements for IP-Enabled Service Providers

Proposed Rule

SUMMARY: In this document, the Commission seeks comment on additional issues relating to the assignment and administration of ten-digit telephone numbers for Internet-based Telecommunications Relay Services (TRS).

DATES: Comments are due on or before August 8, 2008. Reply comments are due on or before August 25, 2008. Written Paperwork Reduction Act (PRA) comments on the proposed information collection requirements should be submitted on or before September 16, 2008.

Telecommunications Relay Services and Speech-to-Speech Services - E911 Requirements

Final Rule SUMMARY: In this document, the Commission adopts a system for assigning users of Internet-based Telecommunications Relay Services (TRS), specifically Video Relay Service (VRS) and Internet Protocol (IP) Relay, ten-digit telephone numbers linked to the North American Numbering Plan (NANP). This numbering system will further the TRS functional equivalency mandate by ensuring that Internet-based TRS users can be reached by voice telephone users in the same way that voice telephone users are called. The measures the Commission adopts also are intended to ensure that emergency calls placed by Internet-based TRS users will be routed directly and automatically to the appropriate emergency services authorities by Internet-based TRS providers.

Review of the FCC Rules and Policies Affecting the Conversion to Digital Television

Final Rule

SUMMARY: In this document, the Commission provides clarification in connection with two issues addressed in the Report and Order. The Commission will address other issues raised in Petitions for Reconsideration in a future order. The Commission adopted a Report and Order in the Third DTV Periodic Review of the progress of the DTV transition. MSTV and NAB filed a joint petition for reconsideration requesting clarification of two issues in connection with the Order.

Telecommunications Relay Services and Speech-to-Speech Services

ACTION: Final rule

SUMMARY: In this document, the Commission clarifies its restrictions on the use of consumer or call database information by telecommunications relay service (TRS) providers to contact consumers of interstate TRS. The Commission concludes that TRS providers may use information derived from a consumer or call database to contact TRS users for purposes related to the handling of relay calls, as well as to comply with a federal statute, Commission rule or order, a court order, or other lawful authority.

Lifeline Assistance (Lifeline) Connection Assistance (Link-Up)

SUPPLEMENTARY INFORMATION: OMB Control Number: 3060-0819. Title: Sections 54.400-54.417, Lifeline Assistance (Lifeline) Connection Assistance (Link-Up) Reporting Worksheet and Instructions, FCC Form 497. Form Number(s): FCC Form 497. Type of Review: Revision of a currently approved collection. Respondents: Individuals or households; and business or other for-profit. Since the release of the Lifeline Order, WC Docket No. 03-109, FCC 04-87, in April 2004, the Commission has taken several steps to streamline program requirements and further safeguard the Universal Service Fund from waste, fraud, and abuse. Specifically, sample certification and verification letters are provided on the Universal Service Administrative Company's (USAC) Web site to assist eligible telecommunications carriers (ETCs) in complying with certification and verification requirements adopted in the Lifeline Order.

Final Rule - DTV Consumer Education Initiative

SUMMARY: The Commission revised the location for filing Form 388, DTV Quarterly Activity Station Report. In the DTV Consumer Education Order the Commission sought to ensure widespread consumer understanding of the benefits and mechanics of the transition by promoting a coordinated, national DTV consumer education campaign. One facet of this campaign was the establishment of a requirement that broadcasters provide on-air information to their viewers about the DTV transition, by compliance with one of three alternative sets of rules, and report those efforts to the Commission and the public.DATES: Effective June 26, 2008.

Telecommunications and Speech to Speech Relay Systems

Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order and Declaratory Ruling, CG Docket No. 03-123, FCC 07-186. The Federal Communications Commission is seeking comments on the proposed revision of the above report. Needs and Uses: On November 19, 2007, the Commission released the Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order and Declaratory Ruling (2007 TRS Cost Recovery Order), CG Docket No. 03-123, FCC 07-186, adopting (1) A new cost recovery methodology for interstate traditional Telecommunications Relay Services (TRS) and interstate Speech-to-Speech (STS) based on the Muliti-state Average Rate Structure (MARS) plan proposed by Hamilton Relay, Inc., (2) a new cost recovery methodology for interstate captioned telephone service (CTS) and interstate and intrastate Internet-Protocol (IP) Captioned Telephone Service (IP CTS) based on the MARS plan, (3) a cost recovery methodology for IP Relay based on price caps, and (4) a cost recovery methodology for Video Relay Services (VRS) that adopts tiered rates based on call volume. The 2007 TRS Cost Recovery Order also clarifies the nature and extent that certain categories of costs are compensable from the Interstate TRS Fund (Fund), and addresses certain issues concerning the management and oversight of the Fund, including financial incentives offered to consumers to make relay calls and the role of the Interstate TRS Fund Advisory Council.