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Consumer/Disability Telecommunications Advisory Committee

Monday, March 26, 2001 Meeting

M I N U T E S

The first meeting of the Consumer/Disability Telecommunications Advisory Committee (CDTAC) was held from 9:00 a.m. to 4:30 p.m. on Monday, March 26, 2001, at the Federal Communications Commission (FCC) in Washington, DC. The following Committee members were in attendance, with Richard Ellis, Judith Harkins, and Jim Tobias participating via conference call.

Rayna Aylward
Brenda Battat
Gil Becker
Julie Carroll
Robert E. Chrostowski
Michael F. DelCasino
Maricela Gallegos
Joseph C. Gaskins
Larry Goldberg
Susan Grant
Dahlia E. Hayles
Steve Jacobs
Vernon R. James
Matt Kaltenbach
Karen Fullum Kirsch
Jeffrey Kramer
Andrew Lange
Lila Laux
Nanci Linke-Ellis
Milton J. Little, Jr.
Paul W. Ludwick
Ken McEldowney
Belinda Nelson
Shelley Nixon
Kathleen F. O’Reilly
Susan Palmer
David Poehlman
Loretta Polk (alternate for Daniel Brenner)
Dr. Refugio I. Rochin
Shirley L. Rooker
Laura Ruby
Paul Schroeder
Bob Segalman
Micaela Tucker
Judith A. Viera
Karen Walls
Andrea Williams

FCC staff members participating were Scott Marshall, Margaret Egler and Karen Peltz Strauss.

Committee Chair Shirley Rooker opened the meeting by noting the diversity of CDTAC’s membership and the opportunity this presented to share and discuss a broad range of issues over the next two years, including cramming, slamming, customer service, disability issues, and the affordability and availability of telecommunications services. Ms. Rooker then stated the Committee’s goals of providing the FCC with periodic and annual reports and making recommendations on issues or proceedings that come before the Commission.

After thanking those who made the meeting possible, Ms. Rooker introduced CDTAC’s Designated Federal Officer, Scott Marshall, who reviewed the day’s agenda and logistical and other administrative matters.

The meeting ensued with Chairman Michael K. Powell welcoming members and noting that CDTAC is only one of a few Committees mandated with advising the FCC about being responsive to the "critical breadth of constituencies to which it owes obligations and duties." Chairman Powell also spoke about his belief in the marketplace, citing that underserved and special needs communities are often overlooked, and noting that he looked forward to working with the Committee to make sure these voices are heard.

Following the Chairman, Commissioner Susan Ness spoke about the importance of hearing the public’s viewpoints early on in the FCC’s deliberative process. To emphasize her point, the Commissioner mentioned the FCC’s debate on issues regarding Section 255 of the Telecommunications Act of 1996, commenting it was the disability groups who suggested to the Commission that consumer equipment manufacturers address issues of access on "day 1" of design. Noting how, by working together with all manufacturers this requirement was incorporated in the FCC’s rules, the Commissioner concluded by saying she is looking to CDTAC to "help the FCC work through all of the different issues before the agency."

Commissioner Harold Furchtgott-Roth then addressed the Committee, commending its members on their extraordinary accomplishments. Citing the Preamble to the Declaration of Independence, the Commissioner went on to discuss the issue of liberty and said he hoped the Committee would give "great thought" to what liberty means to all Americans and how they can help Americans to better define it. Commissioner Furchtgott-Roth also spoke about Section 255 of the Telecommunications Act. He noted that the language in this Section is exactly as it was originally proposed, which shows the "widespread political support of the disability community on Capitol Hill." He said that this is something he remembers every time an issue related to the disability community comes up at the FCC.

Completing the complement of FCC Commissioners to speak before the Committee was Commissioner Gloria Tristani, who also talked about the need to hear the voices of all Americans. She went on to say that the Committee was "absolutely essential" in helping the FCC do what it must to make sure people with disabilities have telecommunications access, sound consumer protection, and affordable telephone and broadband services. The Commissioner ended her remarks by saying the Committee was doing the important work that "we try to do here at the FCC – and that’s speaking, advocating, and helping make Americans’ lives easier in the world of information and technology that’s taking over all of our lives."

With the special speaker segment of the program concluded, Ms. Rooker turned the meeting over to the Committee members and asked each to indicate his or her name and organization and to tell briefly why each wanted to be a CDTAC member. Non-member meeting participants, alternates and individuals in the audience were also given an opportunity to speak.

Following a short break, Karen Peltz Strauss, Deputy Bureau Chief of the Consumer Information Bureau (CIB), then gave an overview of the various divisions/functions within CIB. Margaret Egler, CIB’s Associate Bureau Chief for Policy, also addressed the Committee, highlighting where the Bureau is going in terms of policy, and noting how other FCC Bureaus and Offices are working with CIB to make sure consumer needs are addressed in all the Commission’s rules and regulations. Ms. Peltz Strauss also read welcoming remarks by Roderick L. Porter, CIB’s Acting Chief, who could not attend the meeting due to illness.

The Committee then adjourned for lunch, which was followed by Scott Marshall’s review of CDTAC’s operating guidelines. Specifically, Mr. Marshall said CDTAC was chartered under the Federal Advisory Committee Act (FACA) as a federal advisory committee. He noted that under FACA’s rules, each meeting must be open to the public, accessible, announced in the Federal Register; have recorded minutes, and provide an opportunity for the public to be heard.

Conversation ensued with members asking questions about CDTAC’s operating guidelines. One question concerned a statement in the guidelines that "a quorum of two-thirds of the Committee membership shall be required to conduct substantive business of the Committee." In response to the concern that the absence of a two-thirds quorum at a particular meeting might keep the Committee from carrying out its business, Mr. Marshall said this guideline referred only to recommendations the Committee makes to the Commission. After further discussion, it was agreed that Kathleen O’Reilly would propose alternative language in the form of a resolution to clarify the guideline. The issues of members adding topics to the agenda and scheduling meetings with Commissioners to discuss Committee recommendations were also discussed. No objection was raised regarding the former, and it was noted that meetings with the Commissioners would be requested, but that no commitment could be made as to their availability. Committee members expressed the desire to have regular dialog/feedback, either in person or in writing, with Commissioners relative to the Committee’s activities and recommendations. Confirmation that a transcript of all CDTAC meetings would be kept by CIB in its master files was additionally confirmed during this discussion.

Mr. Marshall then continued his overview of the guidelines, stating that if the Committee could not operate by consensus, a majority vote would rule and the minority would be permitted, if it chooses, to submit a minority report along with the recommendation(s) of the Committee to the Commission. Mr. Marshall went on to say the guidelines also require that no one Committee member or alternate can represent more than two organizations at the same meeting.

There being no further questions in this area, Mr. Marshall turned to the topic of subcommittee protocols. The Committee was told that subcommittee meetings must be accessible to all members and open to the public and that each subcommittee was to choose a chair whose task it was to bring the recommendations of his/her group to the full Committee. Mr. Marshall then invited the audience to participate in a subcommittee session, and all departed for their respective meeting locations.

The next course of business after the breakout session was each subcommittee chair’s report on the list of priorities (in order of importance) for his/her group as noted below.

Affordability Subcommittee: Andrea Williams, Chair

-- educational outreach, especially Spanish

-- affordability

-- technical access issues

-- need for regulatory scheme changes

-- quicker reaction to marketplace

-- compatibility of technologies

-- standards

-- disability access

-- competition between private and public networks

-- ensure availability to underserved populations

-- public education need

-- lack thereof

-- need for easy to understand and readily available information

Consumer Subcommittee: Ken McEldowney, Chair

-- resources within CIB

-- backlog

-- outreach strategy

-- bilingual complaint processing

-- fact sheet distribution

-- translation into other languages

-- extent of collaboration with other agencies and state/local governments

-- FCC’s providing info on regulations already in place, such as cramming, slamming and truth in billing

-- outages

-- areas of collaboration with other agencies

-- telemarketing abuses

-- prepaid calling cards

-- directory assistance cost and quality

-- cost disclosure

-- conditions, such as the mandatory arbitration requirement

-- charges and taxes on bills

-- disconnect for nonpayment of only basic charges

-- Technology Advisory Committee

-- Technology Advisory Committee’s subcommittee on disability issues

Disability Subcommittee: Micaela Tucker, Chair (items not prioritized at this time)

-- meaning of "functionally equivalent"

-- FCC’s need to inform consumers

-- need to flow to businesses, not just carriers

-- Bluetooth (low power transmission between devices)

-- disclosure of information

-- competition among companies

-- relay

-- education

-- definitions

-- 255/508

After thanking the chairs for their input, Ms. Rooker asked members to provide the name of their alternates. Ms. Rooker then announced the open mike segment of the program and encouraged the public’s participation.

Conversation ensued with questions/comments from the audience (including those participating by means of Internet, mail and phone) on such issues as privatization of Part 68, E-911, and interactive voice response systems. The public was also encouraged to contact the Committee any time they have questions.

With this segment of the program concluded, Ms. Rooker asked Committee members for their additional comments/questions. The following resulted from this exchange:

-- A separate document containing the list of priorities for each of the subcommittees will be sent to members;

-- Dan Rumelt, CIB’s Media Relations Specialist, will work with the Consumer Education subcommittee to explore the possibility of the FCC’s developing joint fact sheets with non-government entities;

-- The quality of speech-to-speech service was confirmed as an issue being reviewed

by the FCC; and

-- It was stated that information contained in the 2000 census is being shared

with the FCC and is particularly useful in the broadcast area, as well as in preparing the FCC’s 706, or Advanced Services, Report.

Ms. Rooker then turned the meeting over to Mr. Marshall for a review of how the subcommittees can be supported. Mr. Marshall indicated the availability of three list serves for this purpose, as well as the ability for each subcommittee to have a 2-3 hour teleconference between plenary sessions, if necessary. Margaret Egler also noted the plethora of information available within the FCC and volunteered to coordinate with the different FCC Bureaus to provide the subcommittees with whatever materials they need.

A discussion regarding the summer meeting was the next course of business, with Mr. Marshall asking members to make suggestions. The following were made and approved:

-- The next meeting will include specific topics addressed by FCC experts;

-- The subcommittees will provide a list of projects or goals and objectives they would like implemented in the future; and

-- Subcommittee chairs, as well as other individuals, will speak via conference call to discuss possible changes for future meetings.

An audience participant then posed a question about a procedural matter regarding the subcommittee conference call mentioned above. In response to whether substantive topics could be discussed during this session, Ms. Rooker stated these initial conversations were only for purposes of meeting procedures and not content based.

There being no further business, the meeting was adjourned at 4:30 p.m.

Approved, August 6, 2001

last reviewed/updated on 02/20/03
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