Equal Access to Technology
for People with Hearing and Vision Loss
COAT Hearing on the Hill
By Lise Hamlin
Director of Public Policy and State Development
May 1, 2008, Washington, D.C.: The U.S.
House of Representatives Committee on Energy and Commerce,
Subcommittee on Telecommunications and the Internet held
a hearing on “draft legislation enhancing access to
broadband technology and services for persons with disabilities.” The
draft legislation is titled, “21st Century Communications
and Video Programming Accessibility Act.”
Hearing Loss Association of American and many HLAA chapters
are founding members of the Coalition of Organizations for
Accessible Technology (COAT). COAT has been a champion of
the draft legislation since its release in December. The
nearly 200 members of COAT agree that legislation that ensures
equal access to technology for people who are hard of hearing,
deaf, blind and who have low vision is long overdue.
The Congressional hearing room was packed with disability
advocates, industry representatives and interested parties.
Spotted in the audience were many members of the COAT coalition,
including representatives and members of Hearing Loss Association,
Communication Services for the Deaf, the National Association
of the Deaf, American Association of People with Disabilities,
American Association of Deaf-Blind, Alexander Graham Bell
Association for the Deaf & Hard of Hearing, American
Council of the Blind, American Foundation of the Blind, VITAC,
and Snap! VRS. Also attending was I. King Jordon, past president
of Gallaudet University, who was recognized and welcomed
by the chair of the subcommittee, Representative Edward Markey,
and by Ranking Member Cliff Sterns.
Chairman Markey set the tone, opening the hearing with comments
that the regulations as they stand now are antiquated in
the face of rapid advances in technology. He noted that technology
is only good if we can access it, and as the population ages
there will be more of us who need to find ways to access
new technology.
Chairman Markey also mentioned that the resistance coming
from the communications industry was “eerily similar” to
opposition he faced when battling to enact the original closed-captioning
law in 1990, with the help, he noted, of I. King Jordon and
other disability advocates.
The chairman recalled, “We were told that mandating
closed captioning would add $20 to the price of a TV set
and that it was overly burdensome, would crush the industry,
it would take a lifetime and a fortune to caption all the
movies and television programs out there….today, not
only is it indispensable to millions of individuals who are
deaf or hard of hearing, but closed captioning is used by
immigrant families to help them learn the language and seen
in sports bars across the country…and it didn’t
cost remotely $20, it cost about $1 per TV.”
Members of the subcommittee who spoke indicated the draft
legislation provided a way that new technology could include
people, and ensure that when it comes time to access new
technology, no one is left behind.
Witnesses
Witnesses at the hearing speaking for COAT were: Russell
Harvard, deaf actor who played in the movie There Will
Be Blood, Jamaal Anderson, professional football player
for the Atlanta Falcons and son of Glenn Anderson, Ph.D.,
past chair of Gallaudet University Board of Trustees. Sergeant
Major Jesse R. Acosta, U.S. Army, veteran of the war in Iraq
where he was blinded while on active duty testified on behalf
of the Americans Council of the Blind and who is a member
of COAT.
The COAT witnesses testified with passion and a good dose
of humor. They spoke of the burdens faced when accessing
new technology.
- Russell Harvard recounted the problems in the early days
of captioning when the close- captioned decoder boxes his
family purchased often overheated, making captions unreadable
for their favorite programs. That didn’t change until
Congress required all televisions over 13” include
a decoder chip. In the same way, the new legislation would
bring Internet access by ensuring captioning on the Internet
and devices smaller than 13” being able to decode
the captions. For Russell Harvard, access to movies and
television is not simply an issue of enjoying the same
entertainment as everyone else, it’s a matter of
being able to have access to the tools of his profession.
- Jamaal Anderson spoke poignantly of his recent draft
onto the NFL team. Video clips of the draft selection were
posted on the web, but without captions, forcing his father
to find someone to act as an interpreter to watch his own
son. Jamaal urged support for equal access to mainstream
Internet products included in the draft legislation as
well as inclusion of broadband services for Lifeline and
Link-Up services, and hearing-aid-compatible telephones
that connect to the Internet.
- Sergeant Major Jesse Acosta was amazed that his-30-year
old Chrysler LeBaron included technology that would voice
when the systems needed maintenance, but that he could
not get voice access to products like DVRs and cable boxes. This,
he said was “beyond me.” He felt that the legislation
would be a big step forward by allowing more devices to
be accessible to people who are blind or have low vision
with video description, with the possibility of creating
way for onscreen emergency information presented in text
to be voiced, and to allow audio output for on screen menus.
Other witnesses were: Larry Goldberg, director, Media Access,
WGBH Boston; K. Dane Snowden, VP, External and State Affairs,
CTIA, The Wireless Association; and Ken Nakata, Director
of Disability Initiatives & Government Compliance for
BayFirst Solutions LLC.
- Larry Goldberg from WGBH provided videos that demonstrated
captioning on the web and video description. He noted that
the courts had overruled the FCC’s video description
requirement, arguing that Congress hadn’t clearly
stated its intention to require description. The new legislation
would clarify Congress’ intent. He also noted that “many
hurdles remain to make captioning of web-based media as
pervasive as it is on television.” In his testimony
and the questions from the members following his testimony,
it was clear that market pressures often don’t help
the community of people with disabilities achieve equal
access.
- Dane Snowden emphasized the work the wireless industry
has already done to provide access to people with disabilities.
He argued against the use of the “readily achievable” as
the standard in any new legislation; that the legislation
should not be enforced by “private right of action” litigation
(i.e., the right of individuals to bring a case to court),
and that the legislation should not impose new reporting
requirements on either service providers or manufacturers.
He said, “As currently drafted, the proposed legislation
would unnecessarily burden the industry with little countervailing
benefit to the disability community.”
- Ken Nakata indicated he supported the goals of the legislation
but argued against including a private right of action
and he argued against holding industry to a high standard,
the “undue burden” standard, to ensure that
equipment and services are usable by people with disabilities.
Chairman Markey’s questions after the panel spoke
focused much attention on the wireless lobby, asking carriers
and device manufacturers to help him set a deadline under
which to work out new standards governing communication access
for people with disabilities. “It’s amazing how
much can get done under a deadline,” Markey said.
Snowdon, representing the wireless industry, indicated their
willingness to work with the subcommittee.
At the end of day, it was clear that the subcommittee and
even witnesses were aware that it was not a matter of whether
this kind of legislation would move forward, but when.
The video of the hearing, with captions, can be found on
the subcommittee’s website: http://energycommerce.house.gov/cmte_mtgs/110-ti-hrg.050108.Disabilities.shtml
Congress
holds Hearings May 1 on
Communication Access in the Internet Age
House Subcommittee on Telecommunications
and the Internet
Hearings On Draft Legislation Enhancing Access to Broadband
Technology and Services for Persons with Disabilities
WHEN: May
1, 2008, 9:30 AM
WHERE: Room 2123 Rayburn
House Office Building
Advocates are encouraged to attend this hearing and help
pack the room. Celebrity witnesses will be testifying regarding
their concerns about the absence of hearing aid compatibility
of "Internet" phones, a lack of video description
on television, so little captioning of Internet videos, the
absence of funds for phone equipment for deaf-blind persons,
and about other inaccessible communication technologies.
The proposed legislation, the subject of the panel, reflects
the agenda of the Coalition of Organizations for Accessible
Technology (COAT) http://www.coataccess.org/node/1 a
coalition formed in March 2007 of over 185 affiliate members.
Hearing Loss Association is a founding member of COAT, and
many of our chapters belong as local members. If you want
more information about joining COAT, contact Lise Hamlin
at LHamlin@hearingloss.org
Sign language interpreters will be present and the hearing
will be captioned both in the hearing room and on the Internet
broadcast.
WEBCAST: To watch this hearing on the Internet
go to the Committee website http://energycommerce.house.gov/membios/schedule.shtml and
click on "Connect to the Video Webcast" the day
and morning of the hearing.
The final list of celebrity panelists who support the proposed
legislation or "Witness List" will be released
soon.
TAKE ACTION: If you cannot attend, please
be sure to call your House member who may be on the Committee
and ask them to attend this important Hearing to learn more
of our concern about people with disabilities left behind
as communication technologies migrate to the Internet. View
a list of Representatives, their telecom staffers and phone
numbers, or call via House switchboard at 202-224-3171 (voice)
or 202-224-3091 (TTY).
Please let Lise Hamlin LHamlin@hearingloss.org know
if you are planning to attend the House Hearing on Thursday
May 1st, in Washington DC. |
