Before the
DEPARTMENT OF COMMERCE
NATIONAL TELECOMMUNICATIONS
AND INFORMATION ADMINISTRATION
Washington, D.C. 20230
____________________________________
)
In the Matter of )
)
Deployment of Broadband Networks ) Docket No. 011109273-1273-01
and Advanced Telecommunications )
____________________________________)
TELECOMMUNICATIONS FOR THE DEAF, INC.,
CONSUMER ACTION NETWORK,
|
Phyllis
A. Whitten Swidler Berlin Shereff Friedman, LLC 3000 K Street, NW, Suite
300 Washington, D.C. 20007-5116 Telephone: (202) 424-7618 Facsimile: (202) 295-8478 Counsel to Telecommunications for the Deaf, Inc. Consumer Action Network National Association of the
Deaf Deaf Seniors of America Claude Stout, Executive Director Telecommunications
for the Deaf, Inc. 8630 Fenton Street, Suite
604 Silver Spring, MD
20910-3803 Telephone: (800) 735-2258 (MD Relay) (301) 589-3006 (TTY) Facsimile: (301) 589-3797 |
Cheryl A. Hoppner Consumer Action Network 10363 Democracy Lane Fairfax, VA 22030-2505 Nancy J. Bloch, Executive
Director National Association of the
Deaf 814 Thayer Avenue Silver Spring, MD 20910 Alfred
Sonnenstrahl Deaf Seniors of
America 10910 Brewer
House Rd Rockville, MD
20852 |
December 19, 2001
The Joint Commenters, Telecommunications for the Deaf, Inc., the
Consumer Action Network, the National Association of the Deaf, and Deaf Seniors of America encourage the
U.S. Government to establish as a primary policy goal the development of
policies and rules that will birng the benefits of advanced broadband services to all Americans. Twenty-eight million Americans are deaf,
hard of hearing, late-deafened, and deaf-blind. High speed video broadband services will benefit people who communicate
primarily through American Sign Language and people who rely on speech
reading. In addition, the better video
quality of such services will permit viewers to read captions as they are
provided on streaming video clips.
The definition of broadband services should include
sufficient transmission speed and capacity to permit interactive full motion
video services, to make possible a variety of services to individuals with
disabilities. The digital format used
in broadband services is important, because it permits users to receive message
in an accessible format of an individual’s choosing, irrespective of the way
communication originally was sent. For
example, through the magic of protoccol conversion and appropriate devices, a
deaf person can read messages in text format even if such messages were
originally sent in voice format. A
blind person or a person with dyslexia can list to incoming messages converted
to an audio format, even if such communications were sent originally as text
messages by e-mail or fax. The format
flexibility benefits a wide variety of users, and should be encouraged and
expanded.
Just fifteen percent of working age adults with
disabilities currently have Internet-connected personal computers. This relative lack of access can be
attributed to many factors, including the fact that many individuals with
disabilities have a high rate of unemployment and fall in a lower economic
strata than the general population. To
promote access to advanced broadband services by all Americans, the special
needs of individuals with disabilities should be considered in the policymaking
process, both in terms of types of service offered, and rates and terms for
such services. Some services to
consumers with disabilities may be met through marketplace forces, and other
may need to be established to comply with legislative directives, such as the
Americans with Disabilities Act, or possible additional legislation, if
necessary. If subsidies are necessary
for particular desired social goals (such as services to the disabled) such
subsidies can be targeted through universal service type funding, to make
service available and affordable to specific groups.
The Joint Commenters are enthusiastic about the
potential that broadband deployment represents, not only for improved
communications services to the twenty-eight million Americans who are deaf,
hard of hearing, late-deafened, and deaf-blind, but also for a more equivalent
communications environment for them and their friends, relatives, employers,
business contacts, and others who may be without disabilities. The Joint Commenters participate in this
proceeding and other policy debates to assure that the provision of broadband
technology actually will become a reality.
TABLE OF CONTENTS
SUMMARY...... i
I. INTRODUCTION........... 1
II. QUESTIONS REGARDING BROADBAND SERVICE
POLICY........... 3
A. Policy
Goals............... 3
B................ Broadband
Service Definitions............... 3
C................ Broadband
Deployment............... 4
D................ Universal
Service............... 4
E. ............... Investment Incentives............... 5
F................ Regulatory
Treatment............... 5
G................ Infrastructure
Development............... 5
H................ Access
by Cable Companies to Information Service Providers............... 5
I................ Wireless
and Satellite Service Deployment............... 6
J................ Broadband
Product Market............... 6
K................ Unified
Regulatory Regime............... 6
L.. Local
Issues............... 7
M................ Federal
Lands/Buildings............... 7
N................ Legislation............... 7
III. CONCLUSION 7
Before
the
NATIONAL TELECOMMUNICATIONS
AND INFORMATION ADMINISTRATION
Washington, D.C. 20230
____________________________________
)
In the Matter of )
)
Deployment of Broadband Networks ) Docket No. 011109273-1273-01
and Advanced Telecommunications )
____________________________________)
TELECOMMUNICATIONS FOR THE DEAF, INC.,
CONSUMER ACTION NETWORK,
Telecommunications
for the Deaf, Inc. (“TDI”), the Consumer Action Network (“CAN”) the National
Association of the Deaf (“NAD”), and Deaf Seniors of America (“DSA”),
collectively the (“Joint Commenters”) by their undersigned counsel, herewith
submit comments in the above-captioned matter.
Broadband
services can provide exciting new opportunities for Americans with a variety of
needs, skills and capabilities to communicate in diverse ways. Broadband should be available to all
Americans, including those citizens represented by the Joint Commenters. A
brief description of each represented organization follows.
TDI is a national advocacy organization actively engaged in
representing the interests of the twenty-eight million Americans who are deaf,
hard of hearing, late-deafened, and deaf-blind. TDI’s mission is to promote equal access to broadband, media and
telecommunications for the aforementioned constituency groups through consumer
education and involvement, technical assistance and consulting, application of
existing and emerging technologies, networking and collaboration, uniformity of
standards, and national policy development and advocacy. Only through equal access will the
twenty-eight million Americans who are deaf, hard of hearing, late deafened,
and deaf-blind be able to enjoy the opportunities and benefits of the
telecommunications revolution to which they are entitled. Furthermore, only by ensuring equal access
for all Americans will society benefit from the myriad skills and talents of
persons with disabilities.
CAN is a coalition of national
organizations of, by, and for the deaf, hard of hearing, late-deafened, and
deaf-blind that seeks to protect and expand the rights of individuals who are
deaf, hard of hearing, late-deafened, and deaf-blind in education, employment,
telecommunications, technology, health care, and community life. The member organizations of CAN include the
American Association of the Deaf-Blind, the American Society for Deaf Children,
the American Deafness and Rehabilitation Association, the Association of Late-Deafened
Adults, the Conference of Educational Administrators of Schools and Programs
for the Deaf, Deaf Seniors of America, Gallaudet University Alumni Association,
Jewish Deaf Congress, NAD, National Black Deaf Advocates, National Catholic
Office of the Deaf, Registry of Interpreters for the Deaf, TDI, United States
Deaf Sports Federation, and WGBH in Boston, Massachusetts.
The NAD is the nation’s oldest
and largest constituency organization safeguarding the accessibility and civil
rights of twenty-eight million deaf, hard of hearing, late deafened, and
deaf-blind Americans in a variety of areas, including education, employment,
health care, and telecommunications. A
private, non-profit organization, the NAD is a dynamic federation of state
associations and organizational affiliates and direct members. Primary areas of focus include grassroots
advocacy and empowerment, captioned media, deafness-related information and
publications, legal rights technical assistance, policy development and
research, and youth leadership development.
The NAD works closely with deafness related national organizations and
is a member of several coalitions representing the interests of deaf, hard of
hearing, late deafened, and deaf-blind individuals.
Deaf Seniors of America is a
national not-for-profit organization that protects the welfare of deaf and hard
of hearing senior Americans.
II. QUESTIONS
REGARDING BROADBAND SERVICE POLICY
A
primary policy goal for the U.S. Government should be to develop policies and
rules that will bring the benefits of advanced services to all Americans. Broadband services present technological
opportunities for deaf, hard of hearing, late deafened, and deaf-blind citizens
to communicate more effectively and efficiently. For example, high-speed video broadband services will benefit
people who communicate primarily through American Sign Language (“ASL”), and
people who rely on speech reading.
Inflections and nuances can be conveyed more clearly through ASL than
through text messages. In addition, all
users of video communication services will be able to discern additional visual
information, such as facial expressions, to engage in fuller and more
meaningful interactive communication.
Broadband services will allow video to be transmitted in higher quality
images. Not only will this quality
improvement benefit interactive communication, but also will permit video
content providers another means to disseminate streaming video clips. The size and quality of the images is better
in broadband, thus allowing viewers to read captions as they are provided.
B.
Broadband Service Definitions
The
definition of broadband services should be to include sufficient transmission
speed and capacity to permit interactive full motion video services. Full motion video is necessary for
individuals using ASL or speech reading, to benefit from broadband, as the
quality of “satellite telephone” type service is not sufficient to communicate
via ASL or voice/speech reading. It is
possible that the definition could be flexible enough to evolve as technology
improves over time. It is important, as
a policy matter, to make sure that the basic broadband service includes enough
capacity and speed to be useful to deaf, hard of hearing, late-deafened and
deaf-blind individuals.
An
inherent and necessary feature of broadband communications is its digital
format. When communications are sent
digitally, the message generally can be received in an accessible format of an
individual’s choosing, irrespective of the way the communication originally was
sent. Through the magic of protocol
conversion and appropriate devices, a deaf person can read messages in a text
format even if such messages originally were sent in a voice format. A blind person or a person with dyslexia can
listen to incoming communications converted to an audio format, even if such
communications originally were sent as text messages by e-mail or fax. This format flexibility benefits a wide
variety of users, and should be encouraged and expanded.
A recent study
(March 2000) by the Disability Statistics Center [1]
reveals that just 15% of working age (16-64) adults with disabilities have
Internet-connected personal computers.
Many of the users probably are still using dial-up services. The Federal Communications Commission
(“FCC”) recognizes that individuals with disabilities are far less likely than
the general population to have access to computers and the Internet.[2] This relative lack of access can be
attributed to many factors, including the fact that many individuals with disabilities
have a higher rate of unemployment and fall in a lower economic strata that the
general population.
D. Universal
Service
Access for all
Americans should be the goal of U.S. government policy toward broadband
services. The costs of such services
will depend on what entities deploy services, and the individual business plans
of those entities, including cost of capital, construction costs, and what
technologies are used to provide broadband service. As noted above, the specials needs of individuals with
disabilities should be considered in the policymaking process, both in terms of
types of service offered, and rates and terms for such services. Some services to consumers with disabilities
may be met through marketplace forces, and others may need to be established to
comply with legislative directives, such as the Americans with Disabilities
Act, or possibly additional legislation, if necessary.
The Joint
Commenters are very interested in encouraging development of broadband systems,
and intend to review the comments in this proceeding to evaluate the positions
of the various parties with respect to investment incentives and disincentives,
costing methodologies, and competitive issues.
The Joint
Commenters also intend to monitor the debate regarding regulatory treatment issues. Under any regulatory scenario, the Joint
Commenters want to make sure that the needs of the deaf, hard of hearing,
late-deafened and deaf-blind are met, and that companies have the proper
regulatory incentives to provide advanced broadband services to users with
diverse needs. As noted, broadband
should expand communications capabilities, and it may be that marketplace
forces alone will not assure that all citizens have access to broadband
services absent appropriate regulatory structures.
The Joint
Commenters are interested in reviewing the information presented by other
parties regarding facilities deployment and efficient network design.
H.
Access by Cable Companies to Information Service Providers
The information
presented by cable companies, information service providers (“ISPs”) and
consumers in this area also will be useful to monitoring the development of
broadband services by cable companies and ISPs. The Joint Commenters encourage companies to provide information
regarding how their service offerings are or will be useful to people with
disabilities.
I.
Wireless and Satellite Service Deployment
The Joint
Commenters also encourage companies developing wireless and satellite-based
broadband services to provide information about how their service offerings can
be used by the Joint Commenters’ constituent groups. In some geographic areas, rural areas for example, wireless
and/or satellite-delivered broadband service offerings can be used to provide
services where alternate services offerings may not be feasible.
The Joint
Commenters plan to review the product market definitions proposed by other
parties to this proceeding. The Joint
Commenters support competition in the provision of broadband services, and
encourages measures that will promote price competitiveness and service
innovation.
As noted above, the
Joint Commenters intend to monitor the debate regarding regulatory treatment
issues. The Joint Commenters emphasize
that the needs of a diverse set of consumers should be considered in developing
new or different rules for broadband service offerings. The Joint Commenters
advocate that the needs of the deaf, hard of hearing, late-deafened and
deaf-blind are met under any regulatory scenario, and that companies have the
proper regulatory incentives to provide advanced broadband services to users
with diverse needs. As discussed above,
broadband should expand communications capabilities, and it may be that
marketplace forces alone will not assure that all citizens have access to broadband
services absent appropriate regulatory structures.
The Joint
Commenters support review of issues that would impede deployment of broadband
services. To the extent statutory,
regulatory or funding issues need to be coordinated between federal, state and
local governments, the Joint Commenters encourage NTIA, the FCC and relevant
state and local agencies to coordinate appropriately.
The Joint
Commenters will review the responses given by service providers to this
inquiry.
If parties propose
regulatory changes that conflict with any provision of existing law (including
the Communications Act, Americans with Disabilities Act and other relevant
statutes), legislative action may be proposed. The Joint Commenters intend to
continue to monitor and participate in the debate on these issues.
The
Joint Commenters are enthusiastic about the potential that broadband deployment
presents. Broadband services offer the
possibility of improved communication services to the twenty-eight million
Americans who are deaf, hard of hearing, late deafened and deaf-blind. In addition to the individuals in these
constituency groups, the widespread availability of such services also would
create a more equivalent communications environment for them and their friends,
relatives, employers, business contacts, and others who may be without
disabilities. Equal access and
opportunity for all Americans are the ultimate objectives. The Joint
Commenters participate in this proceeding and other policy debates to assure
that the promise of broadband technology actually will become a reality.
Respectfully
submitted,
By: __________________________________
Phyllis A. Whitten
Swidler
Berlin Shereff Friedman, LLC
3000
K Street, NW, Suite 300
Washington, D.C.
20007-5116
Telephone: (202)
424-7618 Facsimile: (202) 295-8478
Counsel to
Telecommunications for the Deaf, Inc.
Consumer Action Network
National Association of the Deaf
Deaf Seniors of America
|
Claude L. Stout Executive Director Telecommunications for the Deaf, Inc. 8630 Fenton Street Suite 604 Silver Spring, MD
20910-3803 Telephone: (800) 735-2258 (MD Relay) (301) 589-3006 (TTY) Facsimile: (301)
589-3797 Cheryl A. Hoppner Consumer Action Network 10363 Democracy Lane Fairfax, VA 22030-2505 |
Nancy J. Bloch, Executive
Director National Association of the
Deaf 814 Thayer Avenue Silver Spring, MD 20910 Alfred
Sonnenstrahl Deaf Seniors of
America 10910 Brewer
House Rd Rockville, MD
20852 |
December
19, 2001
392380
[1] Kaye, S. “Computer and Internet Use Among People with Disabilities,” San Francisco, California. Disability Statistics Center, University of California San Francisco (March 2000).
[2] See Third Notice of Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in A Reasonable and Timely Fashion, FCC CC Docket No. 98-146, released August 10, 2001 at ¶ 21. See also the FCC’s Second Report, 15 FCC Rcd 20913 (2000) at ¶¶ 234-236 where the FCC emphasizes that the disabled both have a greater need for advanced services, and less likelihood of getting them.