Testimony Presented to the Senate Committee on Commerce, Science and Transportation Regarding the April 24, 2007, Hearing on Communications, Broadband and Competitiveness: How Does the U.S. Measure Up?

John Vaughn, Chairperson
National Council on Disability
April 24, 2007

The National Council on Disability (NCD) was pleased to learn of the Committee on Commerce, Science and Transportation’s hearing examining "Communications, Broadband and Competitiveness: How Does the U.S. Measure Up?"
In light of this hearing, I would like to share the following information and recommendations from NCD’s policy paper, The Need for Federal Legislation and Regulation Prohibiting Telecommunications and Information Services Discrimination (http://www.ncd.gov/newsroom/publications/2006/discrimination.htm),
regarding the need to adopt legislative and regulatory safeguards to guarantee equal access by people with disabilities to evolving high-speed broadband, wireless and Internet-based technologies.
 
If designed to be accessible, many of the high-speed broadband Internet technologies that are now emerging can level the playing field for people with disabilities at home, at school, in the workplace, and while traveling, allowing greater integration, privacy, and self-sufficiency. As reliance on Internet-based and other digital technologies in American society grows, so too will the adverse consequences of denying access to these technologies by Americans with disabilities. Experience shows that as these technological innovations stake their claim in American society, market forces will not be sufficient to ensure access. Rather, Congress, as well as the Federal Communications Commission (FCC), and other federal agencies will need to intervene to ensure that these communications technologies remain accessible to and usable by all Americans with disabilities.

Our nation has federal laws and regulations designed to guarantee various levels of access to certain telecommunications products and services, but in addition to leaving gaps in coverage, these statutes are rapidly becoming outdated in part because the analog technologies upon which they were premised are being substituted with technologies that are digitally and Internet-based. Additionally, the FCC recently classify IP-based technologies as information services rather than telecommunications services, potentially excluding these services from the scope of the disability access requirements of the Telecommunications Act. As Congress takes on the daunting task of defining regulatory measures that will govern the deployment of these next generation communications technologies, proposed laws should include safeguards to ensure that people with disabilities will not be left behind.

Potential and real accessibility barriers to many new technologies already exist. Inaccessible user interfaces on consumer equipment, lack of interoperable and reliable text transmissions, and obstacles to video and web programming all threaten the ability of people with functional limitations to have equal access to these products and services. Legislative action is urgently needed to eliminate such barriers and to safeguard future access to modern communications and information technologies and services, regardless of the form (text, video, or voice) or the transmission media (e.g., public switched telephone network [PSTN], Internet protocol [IP], wireless, cable, or satellite; copper wire or fiber optic network; dial-up or high-speed) over which such information or communication travels.

High-speed broadband Internet technologies can provide users with multiple options for conversing, the ability to perform numerous functions through a single device, “always on” service, clear video communications, and software solutions for redundant interfaces and operational controls. However, these benefits will only accrue to people with disabilities if laws requiring the incorporation of accessible design are adopted now, when the costs and efforts associated with providing this access are still a mere fraction of the costs of producing mainstream products and services. The consequences of waiting too long will be severe. Not only will retrofitting new products and services be far more expensive, but there will be lost opportunities to, and in, employment, education, governmental services, e-commerce, and telemedicine. The need for accessibility safeguards will only intensify in the coming years, as the nation’s growing senior citizen population contributes to the expanding number of people with vision, hearing, cognitive, and mobility disabilities who need such access.

For additional information and recommendations, please see the full policy paper, which is available at: http://www.ncd.gov/newsroom/publications/2006/discrimination.htm. The paper includes the following recommendations for Congress:

Communications Access

• Extend the telecommunications accessibility requirements of Section 255 of the Communications Act to Internet-based services and equipment. Disability safeguards under the new legal protections should include, among other things, accessible and compatible user interfaces on end user equipment; a common standard for reliable and interoperable text and video IP and wireless communications; redundant ways of controlling devices and services; and access to user guides and technical support.

Universal Service

• Allow Universal Service Fund (USF) support for broadband services to low income individuals with disabilities, so that these individuals can choose between public switched telephone network or broadband services when they are entitled to Lifeline and Link-Up type funding.

Americans with Disabilities Act

• Clarify that Websites are covered under Title III of the Americans with Disabilities Act.

Section 508 of the Rehabilitation Act

• Expand Section 508’s coverage to entities that are otherwise covered under Sections 503 and 504 of the Rehabilitation Act.