Federal Communications Commission
445 12th Street SW
Washington, DC 20554
(916)273-9281 Videophone
Attention: Chairman Julius Genachowski,
Commissioner Michael J. Copps
Commissioner Robert M. McDowell
Commissioner Mignon Clyburn
Commissioner Meredith Attwell Baker
Re: CG Docket 03-123
November 2, 2009
Dear Commissioners :
I am writing to you in support of the Application for Review filed by the Consumer
Groups on October 19, 2009 regarding the September 18, 2009 FCC Consumer
and Governmental Affairs Bureau (CGB) Order on multi-party conference calls
which may include deaf only participants. I am concerned that years of technical and social progress for deaf people in the workplace which has been greatly enhanced by prior FCC actions are potentially at risk by this order. Along with my staff of 11, we provide support for 29 independent living centers throughout California. Additionally our agency has over 800 vocational rehabilitation counselors, 48 of which are tasked with helping find jobs for our state’s unemployed deaf and hard of hearing citizens. I regularly interact with my staff, Independent Living center managers, and many of our counselors on a variety of topics and frequently do so through conference calls. When I need to arrange a conference call, I invite the people whom I expect to contribute to the topic regardless of their hearing level. It is quite possible that
some of my calls involve only deaf participants, because I myself am deaf as are A/73186326.2 many of our Departmental staff. Often I am not sure who will actually commit to the conference call until the call is taking place due to schedules and workload. I ask you to consider what the FCC is potentially asking of deaf and hard of hearing Americans who are in the workplace and who may manage or interact with others who are deaf. I am not sure how else I could conduct my work without use of work conference calls. As I understand the concept of functional equivalence, and the purpose of the Americans with Disabilities Act (ADA) mandate, shouldn’t I be able to use these conference calls in the course of my normal business, just like hearing
persons? These calls are a critical tool for me to do my job on a daily basis.
In addition, I am now confused as to the practical application for me and my team if this ruling is upheld. Will I have any obligation to make sure I have at least one hearing person on the line, or do I have an obligation to notify the relay provider, or providers, if the call is comprised of all deaf individuals? If I am on a call where a hearing person is involved and that person drops off the line, am I supposed to immediately disconnect the call, or notify providers?
In recent years, our agency has promoted deaf and hard of hearing individuals to key supervisory, managerial and administrative positions. Technology tools like email and video relay services have helped make this possible. I believe that CGB’s interpretation of the rules is a step backwards and sends the wrong message about the forward progress dreamed of in the ADA. Respectfully Mr. Chairman and Commissioners, please keep the interests of the deaf in mind and reject CGB’s decision on multi-party calls potentially involving onlydeaf participants.
Sincerely,
TIMOTHY P. BEATTY
Chief, Independent Living & Assistive
Technology Section