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In 2006, Let's Not Overlook The Deaf, Hearing Impaired - or Hearing

'Hearwear', an exhibition currently on at the V&A, seeks to change the way people think about one of our most neglected senses

http://www.creativematch.co.uk/viewNews/?91864

My last job as a television subtitler trained me always to prioritise the needs of deaf and hearing impaired viewers. We were taught to 'put ourselves in the position of a deaf viewer.' Nothing was more valuable a lesson in editorial training than trying to watch a programme with the subtitles on and the sound turned off. The written quality of the often heavily edited subtitles was, in the early days of my training in the mid Nineties, essential. You could not lose sight of the script or documentary writer's intentions. You could not distort the meaning, yet often had to rephrase as there simply was not enough time to caption everything that had been said. The story or reportage had to flow, the captions couldn't obscure speakers' mouths and had to be clearly colour coded for identification. At the same time, viewers had to be able to see what was going on, and there were a range of other important considerations relating to the quality of the subtitles.

The needs of our deaf and hard-of-hearing audience were at that time paramount. Most subtitling staff were carefully selected from a journalistic, editorial or literary background. Unfortunately, in recent years, economic changes within the subtitling industry mean corners are being cut, staff are often working at breakneck speed to meet targets, and mishearings and spelling mistakes are an unfortunate and inevitable consequence of this. According to the latest RNID figures, there are 8, 945 000 deaf and hard of hearing people in Britain. For many years in my job as a subtitler I worried about the impact this gradual erosion in quality might have on this important audience. It seemed that, due to purely commercial pressures, they were in danger of no longer being fully listened to. Because of this my awareness of this important group of people was raised and is the reason why I recently noticed with great interest an exhibition on at the V&A - 'Hearwear: The Future of Hearing'.

While my own experience of the deaf and hard-of-hearing in Britain was limited to ensuring their continued, high-quality access to television through subtitles, 'The Future of Hearing' caught my eye because it looks, as its name suggests, at what is now possible for the deaf, the hearing-impaired and the hearing in our world of increasingly sophisticated technology. The growth of mobile phones, earpieces, MP3 players and other kinds of headphones has been explosive in the last few years, yet surprisingly, the hearing aid has, until recently, not seen much advancement in its design. The idea of 'disguise' in producing flesh-coloured, miniature earpieces has largely dominated design thinking. Yet when we consider such striking designs for the hearing as the iPod, which is geared to stand out so obviously, does this really make sense? Perhaps it is time to reassess the way we are treating hearing loss. Should it always be hidden? Perhaps some deaf or hearing-impaired people even want, or don't mind, people knowing that they have a hearing problem.

A recent trip to the opticians for an eye test made me consider this further. Approaching 40, like so many of the population, my eyes are starting to deteriorate. I need new glasses. So many of us wear them and think nothing of browsing through ranges of designer frames to find something that suits. The ranges on offer now are staggering - rounded, square, heavy-rimmed, brightly coloured, nerdishly square, thick, transparent, horn-rimmed, floral... How on earth do you decide? Still, surely it is better to be faced with a choice like this than hardly any. Is a deaf person faced with such a choice when they go to choose a hearing aid? It seems not, but hopefully this is about to change.

Conceived by the Royal National Institute for the Deaf, the magazine Blueprint, and brand agency Wolff Ollins, 'Hearwear' seeks to change the way people think about hearing by showing how fashionably designed 'hearwear' can be as desirable and accessible as 'eyewear.' 15 designers have been commissioned to rethink the future of hearing, from 2007 to an imaginary 2020. Together they present a view of the future which seeks to shift hearing health technology from the world of disability to the world of desirability. Visitors to the display are prompted to consider a world in which our environment could adapt to protect our hearing; it might calm us down, or even allow us to 'turn off' noisy neighbours. 'Hearwear' looks set to be a fascinating and long overdue exhibition into one of our most neglected senses. Although the exhibition has been on since July, 2005, there is still time to catch it as it finishes on the 5th March, 2006.

For more information, visit the V&A website

Sources: The V&A, the RNID, the BBC and staff at creativematch

Disability Issues Dominate FCC’s July Open Meeting

01 September 2005
Article by Charles H. Kennedy

Disability Issues Dominate FCC’s July Open Meeting
http://www.mondaq.com/i_article.asp?articleid=34618


Marking the 15th Anniversary of the Americans with Disabilities Act on July 26th, the FCC recently established three new rules that expand its interpretation of "functionally equivalent" access to the nation’s telecommunications system. The FCC also initiated a review of its closed captioning rules by seeking comment about various aspects of closed captioning .

First, the FCC developed speed of answer requirements for Video Relay Service ("VRS"). VRS is a form of telecommunications relay service ("TRS") that enables an individual with a hearing or speech disability to communicate by telephone or other device through the telephone system with a person without such a disability. Instead of relying on TTY or text-based calls, however, VRS allows communications using sign language through a communications assistant ("CA"), who facilitates the call by a video link. The new rules establish mandatory speed of answer requirements for VRS, require VRS to be offered twenty-four hours per day, seven days a week, and permit VRS providers to be compensated for messages they leave for hard-of-hearing persons who are not able to take the call.

The FCC also determined that two-line captioned telephone service ("CTS") is eligible for support from the TRS Fund, to which all interstate carriers contribute. In so doing, the FCC expanded its interpretation of "functional equivalency" for millions of Americans who are hard of hearing. CTS uses a special telephone that has a text display. Using a single phone line, the user (typically a person who has the ability to speak and some residual hearing) is allowed to both listen to what is said over the telephone and simultaneously read captions of what the other person is saying. Two-line CTS permits the user to simultaneously listen and read what the other person is saying but also allows deaf and hard-of-hearing customers the ability to access services previously unavailable to them, such as *69, call waiting, and call forwarding. Two-line service also makes it possible for users to access 9-1-1 emergency services directly (in the same way hearing users do) and simultaneously receive captions on the second telephone line. Two-line CTS also allows more than one person to be on a call. The FCC also adopted the allocations methodology proposed by the National Exchange Carrier Association, the administrator of the Interstate TRS Fund, for determining the number of two-line CTS calls that should be compensated from the TRS Fund.

Third, the FCC also reversed last year’s decision to exclude some forms of non-shared language VRS from TRS Fund reimbursement. Acknowledging that Spanish speakers are the fastest growing minority group in the deaf school age population in the United States, the FCC concluded that Spanish-translation VRS (i.e. wherein what is signed in American Sign Language ("ASL") is translated into spoken Spanish, and vice versa) is a form of TRS compensable from the TRS Fund. While allowing TRS Fund compensation from VRS, the FCC did not mandate that providers offer Spanish translation VRS.

Finally, the FCC initiated a rulemaking proceeding to assess how its closed captioning rules are working to ensure that video programming is accessible to deaf and hard-of-hearing Americans. The FCC requested comments on several compliance and quality issues. Specifically, the FCC asked, among other things, whether the FCC should require video programming distributors to file compliance reports, whether the band on counting electronic newsroom technique captioning be extended beyond the top 25 markets, whether there is a need to adopt non-technical standards for accuracy of transcription, whether there should be different standards for pre-produced and live programming, whether technical procedures need updating, and whether the existing complaint procedures should be changed. Comments are due 45 days after publication of the Notice of Proposed Rulemaking in the Federal Register (as of the time this article went to press, the Notice had not been published in the Federal Register).

FCC Implements Treasury Directive on Credit Card Payments

The FCC issued a public notice in late July stating that the U.S. Treasury is rejecting the processing of credit card transactions that exceed $99,999.99. This limit applies to individual transactions, and to transactions on a single card in a single day that exceed this limit in the aggregate. Accordingly, entities that need to remit $100,000.00 or more to the FCC will need to pay by check, wire transfer, or other means.
FCC Initiates Inquiry into International Carrier Practices
In August, the FCC released a notice of inquiry ("NOI") regarding possible modification of the FCC's process to prevent harm to US consumers caused by anticompetitive conduct by foreign carriers. In particular, the FCC is concerned about situations in which foreign carriers might use circuit disruptions or other similar tactics (often called "whipsawing") to force US carriers into settlement rate increases. The NOI cites, in particular, the circuit disruptions caused by certain Philippines carriers two years ago, as well as more recent circuit blocking by carriers in Ecuador, Jamaica and Nicaragua. The FCC is concerned that its current procedures do not permit it to act quickly enough to protect US consumers.

When the FCC removed the international settlements policy from benchmark-compliant routes in 2004, it stated that it would consider circuit disruptions and similar conduct to be potentially anticompetitive and presumptively harmful to US consumers. In the face of such behavior, the FCC noted in 2004 that it could respond on its own motion or in response to complaints or petitions filed by US carriers or other affected parties. These complaints would be considered on a case-by-case basis after being placed on public notice. If the FCC found that whipsawing had occurred, the FCC has the authority to order US carriers to renegotiate, to withhold payment to the foreign carrier, or to bar US carriers from paying a specific rate. The FCC could also reimpose the international settlements policy on the affected route. The current rules also permit the FCC to impose temporary requirements on US carriers with respect to the affected route prior to making any final determination.

In the NOI, the FCC now seeks comment on ways to improve its responsiveness to these complaints. In particular, the FCC seeks comment on the following issues:
What constitutes a circuit disruption or blockage that would warrant FCC action;
The appropriate pleading cycle for such cases;
The procedures for imposition of interim measures when such allegations are made;
The appropriate form of interim relief to be imposed;
Whether US carriers have passed along the benefits of lower settlement rates to US customers;
Whether it is appropriate for a foreign country to use international settlement rates to fund universal service needs in those countries; and

How whipsawing is affecting or harming US consumers.
Comments will be due on the NOI 30 days after it is published in the Federal Register (which typically occurs within a few weeks), and reply comments will be due 50 days after publication in the Federal Register.
D.C. Circuit Court Upholds FCC Rules Authorizing MVDDS Use of the 12 GHz Band and Allowing Auction of Terrestrial MVDDS Licenses
On July 15, 2005, the D.C. Circuit Court denied challenges against the FCC’s decision to allow terrestrial multichannel video distribution and data services ("MVDDS") to share the 12.2-12.7 GHz band with direct broadcast satellite services and to auction MVDDS licenses. The court deferred to the FCC’s interpretation of "harmful interference" and found that the FCC reasonably concluded that MVDDS could share the 12 GHz band without causing harmful interference to DBS services. The court also upheld the FCC rules designed to protect DBS subscribers from harmful interference by MVDDS operations. Additionally, the court rejected arguments that the FCC’s decision to auction MVDDS licenses (1) violates the ORBIT Act’s ban against auctioning "spectrum used for … international or global satellite communications services"; (2) is arbitrary and capricious; and (3) exceeds the FCC’s auctioning authority because there is only one qualified MVDDS applicant under the LOCAL TV Act. The court concluded that none of those arguments precludes the FCC’s auction decision.
FCC Establishes Regulatory Fee Amounts and Payment Deadline
The FCC has announced the window for FCC licensees and regulatees to make their annual regulatory fee payments for the 2005 fiscal year. The window opened August 23 and closes at 11:59 PM on September 7, 2005. Any payments received after the window closes will be assessed a 25 percent late payment penalty. Regulatory fees recover the costs associated with the FCC’s enforcement, policy and rulemaking, user information, and international activities.
The 2005 assessments are expected to collect $280,098,000, which is an approximate $7 million increase from last year. Payments can be made by credit card, check, wire transfer and other means. However, as noted in a separate article, credit card payments are limited to transactions below $100,000.00. Although the 2005 regulatory fees did not significantly change from 2004, there are a few matters worth mentioning:
The FCC has increased this year’s regulatory fees for interstate telecommunications service providers from $0.00218 to $0.00243 per revenue dollar.
The FCC rejected petitions seeking reconsideration of its 2004 decision to use numbering resource utilization forecast ("NRUF") data to estimate the number of wireless handsets for which each carrier must pay regulatory fees. The FCC concluded that the reconciliation process between NRUF data and corrected data provided by carriers demonstrates that the NRUF data is an accurate measure. The FCC also rejected arguments that a new multi-step process implemented last year – consisting of sending an initial regulatory fee assessment letter to wireless carriers that the carriers can then return with correct data before a final assessment letter is sent – was unduly burdensome on providers. The FCC slightly lowered the regulatory fees for commercial mobile radio service providers from $0.25 to $0.22 per handset.
The FCC declined to modify the methodology for assessing regulatory fees on international carriers. A handful of parties had previously argued that the current fee structure, which is based upon the number of active 64 kbps circuits, reflects older, lower capacity systems and that the FCC should base fees on the number of cable landing licenses and international Section 214 authorizations. The FCC concluded that the parties did not provide sufficient information to warrant changing the methodology and that any benefits that might result from changing the methodology did not outweigh the costs of modifying the FCC’s processes. The FCC did lower the fee for international bearer circuits from $2.52 to $1.37 per 64 kbps circuit.
The FCC implemented various changes to its billing system for satellite space stations to correct certain errors that resulted from new fee filing procedures that had been adopted last year.

Philosophical Differences?
During WorldCom’s bankruptcy proceedings, Bankruptcy Judge Jed Rakoff appointed former SEC Chairman Richard Breeden to monitor corporate governance, ethics and executive compensation in the wake of WorldCom’s accounting scandal. Breeden was appointed in July 2002, and during his tenure at WorldCom (now MCI), he helped select a new Board of Directors for MCI and published a report on MCI entitled, "Restoring Trust," in which he exposed WorldCom’s corporate governance failures and set forth 78 principles for improving corporate governance, eliminating cronyism, ensuring an independent board of directors and increasing the relative power of the company’s shareholders and their access to the Board. These principles have been held up as a model for corporate governance, and include such requirements as having an independent board of directors (except for the CEO), separating the positions of Chairman of the board and CEO, a ten-year maximum term for directors and establishing "town hall" meetings in which shareholders may confront the board and offer resolutions for a shareholder vote.

In the bidding war between Qwest Communications and Verizon Communications to acquire MCI, Breeden has monitored MCI the board’s deliberations and negotiations with each suitor to ensure fairness in the process. Breeden has been accused of favoring Verizon’s lower bid, but denies these accusations, saying he tried to be "an honest broker."
Now as Verizon and MCI hammer out the details of their merger agreement, Verizon has added a condition to closing that transaction: Verizon will not be subject to Breeden’s rules of corporate governance. MCI’s shareholders, some of whom are still unhappy about MCI’s rejection of Qwest’s higher bid, would lose some of the rights and board access they enjoyed during Breeden’s tenure. So far, neither Verizon, MCI, nor Breeden have commented on the matter.

Satellite News
XM and WCS Merger
When XM Satellite Radio announced in July that it would acquire WCS Wireless and use WCS’s wireless band to expand XM’s offerings, Sirius Satellite Radio, the National Association of Broadcasters ("NAB"), and the Wireless Communications Assn. ("WCA") filed petitions asking the FCC to deny the acquisition citing, among other things, concerns of interference between the WCS wireless band and the adjoining satellite radio spectrum.
On August 25, 2005, the NAB filed its reply comments with the FCC advocating that the sale of WCS should be denied on the grounds that that WCS, having owned the rights to certain wireless bands for only four months, is "trafficking" the spectrum in violation of FCC rules. In addition, NAB has accused XM of being "too vague" about its planned use of the new spectrum, and has demanded that XM provide additional information to show that the transfer of the WCS licenses is in the public interest. The NAB has been opposed to XM and Sirius Satellite Radio broadcasting local weather and traffic reports, a distinction that previously tied consumers to radio stations for at least those broadcasts. The NAB also has been an active proponent of a House bill that would limit satellite radio companies from airing local content.
WCS has publicly noted that XM and WCS could co-locate their facilities and offer the same combined services without the merger, but that the merger "makes the process more efficient," and therefore is "in the public interest. WCS is a very attractive target to XM because WCS owns wireless spectrum licenses covering 163 million people in 15 of the top 20 U.S. radio markets.

Satellites' Roles in Emergencies
FCC and Network Reliability & Interoperability Council ("NRIC") regulators are reviewing the feasibility of broadcast satellites participating in the Emergency Alert System and E-911 requirements. Current regulations do not require participating by satellite broadcasters and service providers. The FCC has so far met with DirecTV, EchoStar, Dominion Video Satellite, SES Americom, PanAmSat and Intelsat, and the International Bureau Satellite Division and the Emergency Alert System ("EAS") has meetings planned with XM Satellite Radio and Sirius Satellite Radio. The topics of discussion have included the financial and technical burdens of implementing such services, the technical difficulties of broadcasting an emergency alert to a specific market, and the fact that a variety of technologies are used to implement satellite broadcasting, so a one-size-fits-all solution is unlikely to be found.

Deal Watch
Nortel Networks and LG Electronics have formed LG-Nortel Company, a joint telecommunications equipment venture in South Korea, combining LG's telecommunications manufacturing division with Nortel's Korean sales and service operation. Nortel will be paying $145 million in cash for a majority share of the joint venture entity. In addition, LG is entitled to an earnout based on the new entity meeting mutually agreed targets. LG-Nortel Company is expected to generate about $530 million in annual sales.
Teles Wireless Broadband has announced that it plans to offer nationwide satellite broadband service in the United Kingdom, under its newly-formed subsidiary, Teles SkyDSL UK Ltd. The broadband service, SkyDSL, can be received with the same dish used to receive BskyB's satellite television signal, with some modification to the customer’s reception system. SkyDSL’s principal market is households that do not have access to traditional cable broadband services. Teles’s will be offering various levels of the service for prices as low as 4.57 British pounds ($8.20) a month and about 58.90 pounds ($106) for equipment, unless the customer already owns the BskyB dish.
Qualcomm plans to acquire Flarion Technologies, a leading developer of Orthogonal Frequency Division Multiplex Access (OFDMA) technology and the inventor of FLASH-OFDM technology for mobile broadband Internet protocol (IP) services. The purchase price is approximately $600 million in Qualcomm stock and cash. In addition, Flarion is entitled to an earnout of up to $205 million in the form of cash and Qualcomm stock based on meeting mutually agreed targets. The acquisition is expected to be completed later this year, subject to regulatory approval.
Nokia Corp. has been awarded a three-year, $125 million contract to double the digital mobile networks for India's Bharti Tele-Ventures. The increased capacity is primarily to provide mobile communications services to India’s rural areas, where terrestrial telephone coverage is spotty or absent. Last year, Nokia signed a $275 million deal to supply equipment and managed services for Bharti, which is the leading telecommunications provider in India. In addition, Nokia has announced that it will establish a new mobile manufacturing plant in Chennai in southeastern India. The plant is expected to employ up to 2,000 people.
FCC, State Commissions and Courts Continue To Refine and Apply Triennial Review Remand Order
Activity related to the Triennial Review Remand Order ("TRRO") and the FCC’s unbundling rules continued on all fronts over the summer, from the petitions for reconsideration and appeals of the TRRO to state commission implementation of the TRRO and judicial review of such implementation. Various parties filed reply comments at the FCC on June 16 in support of their petitions for reconsideration of the TRRO. Verizon argued, in support of Iowa Telecom’s petition, that the FCC’s focus on fiber-based collocation understates the ability of competitive local exchange carriers ("CLECs") to compete without access to transport unbundled network elements ("UNEs") and failed to account for the availability to CLECs of competitive fiber-based networks. In support of opposing petitions, CLECs such as Cbeyond argued that requirements for DS1 and DS3 high-capacity loops and dedicated transport should be expanded. It was reported on July 15 that the FCC asked for comments on a CLEC petition seeking forbearance from certain rules limiting access to UNEs, including the impairment test for access to DS1 loops serving predominantly residential and small office buildings and eligibility criteria as applied to enhanced extended loops (combinations of unbundled loops and transport, or "EELs").
In a joint brief filed with the U.S. Court of Appeals for the D.C. Circuit on July 26, the Bell companies and USTA (now USTelecom) argued, in support of their appeal of the TRRO, that the FCC did not satisfy the courts’ concerns that its local competition rules required incumbent local exchange carriers ("ILECs") to offer UNEs to competitors not needing access to ILEC UNEs to provide service. The Bells and USTelecom argued that, in spite of three prior reversals, the FCC once again improperly ordered what then-Chairman Powell called "‘wide unbundling’" of high-capacity loops and transport used to serve business customers. They argued, among other points, that the FCC did not adequately weigh competitors’ ability to use special access service as an alternative to UNEs. In support of its opposing appeal of the TRRO, the New Jersey Ratepayer Advocate argued two weeks later that the FCC should not have found that CLECs are not "impaired" in competing with ILECs without access to local switching UNEs in the mass market and that the FCC failed to justify the rate increases it ordered for the existing customer base served by "UNE-P" arrangements (leased combinations of the local loop, local switching and shared transport UNEs).
State commissions were even busier with TRRO-related issues. In June, the Pennsylvania PUC ("Pa PUC") amended performance standards for "hot-cuts" (the conversion of multiple lines from an ILEC to a CLEC) to reflect changes made previously by the New York PSC to its hot-cut standards, which were used as a model for the Pa PUC rules. The Michigan PSC adopted a mediator’s recommendations for resolving hot-cut disputes between SBC and various CLECs. Also in June, the Maine Supreme Court upheld a PUC order requiring Verizon to unbundle copper subloop feeder elements. Verizon had argued that the Telecommunications Act of 1996 ("1996 Act") does not require such unbundling, but the court upheld the PUC order as an exercise of the PUC’s authority under state law. On June 22, it was reported that the Oregon PUC approved a settlement of claims that Qwest had negotiated interconnection agreements with CLECs that it failed to file with the PUC as required under the 1996 Act. Qwest will pay a $1.05 million penalty. Qwest had argued that the nature of the agreements exempted them from filing requirements, but the PUC staff disagreed.
State commissions also addressed the interplay of the unbundling requirements and Section 271 of the Communications Act, which imposes unbundling and other requirements on Bell companies seeking to provide long distance services. On June 28, it was reported that the Maine PUC requested comments on a hearing examiner’s recommendation that Verizon continue to offer line sharing as UNEs at total element long run incremental cost ("TELRIC")-based rates under Section 271. On August 16, it was reported that the Kentucky PSC scheduled hearings to decide if BellSouth’s unbundling obligations under Section 271 require it to provide CLECs with UNEs "delisted" under the TRRO. The case arose from Cinergy Communications’ efforts to retain BellSouth UNE-P arrangements. BellSouth argued that four other state commissions concluded that the TRRO and the prior Triennial Review Order ("TRO") preempt state jurisdiction over UNE-Ps under Section 271.
It was reported on July 20 that the Massachusetts Department of Telecommunications & Energy ("DTE") ordered generic changes to Verizon’s interconnection agreements with most CLECs to implement unbundling rule changes in the TRO and TRRO. The DTE said that no negotiation or amendment of individual agreements is required to implement the FCC rule changes and that Verizon need not continue providing delisted UNEs at cost-based rates except for those affected by the FCC’s transition program for preexisting customers. On August 11, it was reported that SBC and CLECs advised the Michigan PSC that they were able to negotiate agreements on certain disputed points relating to audits and back billing in an ongoing proceeding under the TRRO. The following day, it was reported that the Arkansas PSC approved a settlement involving SBC and ALLTEL loop UNE rates at or below the levels recommended by the PSC staff. It was reported on August 15 that the California PUC ("CPUC") closed its TRO docket but said that continuing implementation disputes over such issues as the elimination of UNE-P, batch hot-cut processes and pricing would be resolved in a separate arbitration proceeding.
Courts continued to refine state commission implementation of the TRO and TRRO. On June 9, the U.S. District Court in Helena, Montana vacated a Montana PSC order requiring Qwest to submit a line sharing agreement with Covad for PSC approval. The court held that the contract is not an interconnection agreement required to be filed under the 1996 Act, and because line sharing is not a required UNE or service under Section 251 of the Communications Act, there is no obligation to file the agreement under Section 252. On July 6, the U.S. Court of Appeals for the Ninth Circuit vacated and remanded a district court ruling dismissing as unripe a Verizon complaint against the CPUC for imposing an interim rate reduction alleged to be arbitrary and capricious. The court held that the 2003 CPUC interim rate order, basing Verizon interim UNE rates on Verizon’s UNE rates in New Jersey, is ripe for review because, if Verizon’s claim were upheld on the merits, it could not be fully compensated by a subsequent true-up when rates are adjusted. Similarly, on July 8, it was reported that the U.S. District Court in Hartford, Connecticut reversed a Connecticut Department of Public Utility Control ("DPUC") order setting interim interconnection and UNE rates in an SBC-MCI agreement that the court held were inconsistent with federal law. MCI had argued that the DPUC improperly adopted rates that had been in place before passage of the 1996 Act and that included historic costs. The court agreed with MCI and ordered the DPUC to use the forward-looking pricing methodology specified in the 1996 Act and FCC rules.
On August 5, it was reported that the U.S. Court of Appeals for the Sixth Circuit upheld a Kentucky PSC ruling that AT&T’s attempt to convert its special access contract with BellSouth to a UNE agreement did not trigger the termination penalties provision of the special access contract. In affirming a lower court decision upholding the PSC’s decision against penalties, the appeals court held that the case involved an interpretation of state contract law and that the PSC’s rationale has been upheld by state courts in other contract disputes. It was reported on August 10 that the U.S. District Court in Philadelphia affirmed a 2004 Pa PUC decision reducing Verizon’s UNE rates, concluding that the rates were consistent with the 1996 Act and the FCC’s TELRIC methodology.
FCC Applies CALEA Requirements to Facilities-Based, Wireline Broadband Services and Interconnected VoIP Services
On August 5, 2005, the FCC adopted an order requiring providers of facilities-based, wireline, broadband Internet access services and interconnected voice over Internet Protocol ("VoIP") services to accommodate law enforcement wiretaps, pursuant to the requirements of the Communications Assistance for Law Enforcement Act ("CALEA"). The FCC found that CALEA broadly defines a "telecommunications carrier" to include a provider of any service that the FCC determines is "a replacement for a substantial portion of the local telephone exchange." The FCC further found that wireline, broadband Internet access and interconnected VoIP services can replace conventional telecommunications services and are therefore subject to CALEA requirements. To allow wireline broadband Internet access and interconnected VoIP providers an opportunity to comply with CALEA requirements, the FCC established an 18-month compliance period commencing upon the effective date of the order. The FCC also adopted a further notice of proposed rulemaking ("FNPRM") seeking comment on whether certain facilities-based broadband Internet access providers, such as small and rural providers, should be exempt from CALEA. The full text of the FCC order and FNPRM has not been released yet.
The Threat of Thousands of VoIP Customers Losing Service Stayed For Thirty Days and Other VOIP Developments
In response to pressure from the industry, Congress, and others, the FCC issued a public notice with "further guidance" in which it agreed to delay until September 28, 2005 enforcement of its requirement that an "interconnected" VoIP provider obtain affirmative acknowledgements from 100 percent of its customers that they have read and understood the provider’s notices regarding any limitations of its emergency 911 ("E911") service. Such acknowledgments were originally due at the end of July, but the FCC has now deferred enforcement twice.
The FCC will not initiate enforcement action only against VoIP providers that had previously filed reports by August 10 regarding their customer notice efforts (pursuant to the FCC’s first public notice deferring enforcement) and that file updated reports on both September 1 and 22. The updated reports also must include information regarding the providers’ discontinuance plans. Specifically, the September reports must include a statement that the provider will use a "soft" or "warm" disconnect solution (i.e., a solution that disallows all non-911 calls or intercepts and sends those calls to the providers customer service department, but still directs 911 calls to the appropriate Public Safety Answering Point) as of September 28, or a detailed explanation of why such a solution is not feasible. VoIP providers that did not meet the August 10 reporting deadline and do not meet the upcoming deadlines will be subject to potential enforcement action.
VoIP providers had expressed concern that they would be unable to obtain responses from all of their customers by the August 30 deadline, requiring many to cut off services to their customers, including customers that may be using the service in place of traditional telephone service. VoIP providers and many others argued that cutting off service would place consumers at a greater risk than not providing them with E911 service. One market analyst estimates that there are approximately 2.5 million VoIP customers in the US. Even if carriers obtain responses from 90 percent of their customers, 250,000 consumers could lose service.
VoIP provider Nuvio has appealed the FCC’s order that requires VoIP providers to comply with E911 obligations to the U.S. Court of Appeals for the District of Columbia. Nuvio’s request for expedited treatment of the case to avoid discontinuance to customers, however, was denied by the court. Several parties also have filed petitions for reconsideration and clarification of the FCC order. The petitions raise questions regarding certain operational aspects of the FCC’s order as well as other aspects of the order.
In addition, the FCC has announced the creation of a task force comprised of representatives from the FCC and the National Association of Regulatory Utility Commissioners to facilitate the timely and effective enforcement of the FCC’s VoIP E911 rules. Working closely with the public safety community, the task force will focus on educating consumers regarding VoIP providers’ E911 obligations and expediting compliance and facilitating enforcement of the FCC’s rules. The pending appeal of the FCC’s Vonage decision preempting states from regulating VoIP services has been transferred from the U.S. Court of Appeals for the Ninth Circuit to the U.S. Court of Appeals for the Eighth Circuit. All appeals of that case are now before the Eighth Circuit. One proposal to revamp the universal service program (see separate article regarding recent universal service developments) suggests that all carriers utilizing the public switched telephone network must contribute to the universal service fund. Under the proposal, the universal service contribution base would be expanded to include VoIP providers.
Upcoming Deadlines for Your Calendar
Note: Although we try to ensure that the dates listed in the PDF document are accurate as of the day this edition goes to press, please be aware that these deadlines are subject to frequent change. If there is a proceeding in which you are particularly interested, we suggest that you confirm the applicable deadline. In addition, although we try to list deadlines and proceedings of general interest, the list in the PDF document does not contain all proceedings in which you may be interested.
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Morrison & Foerster LLP. All rights reserved

TTY Telephone

Deaf Cupids Keep the World's Silence at Bay

Movie with Captions



Deaf Cupids Keep the World's Silence at Bay

By Nathaniel Popper and Rukhl SchaechterJuly 22, 2005
http://www.forward.com/articles/3676

Matchmakers are known for being a talkative sort, but when Sam and Rachelle Landau practice their art, it's all in the hands.
The Landaus, the world's only deaf Jewish matchmakers, ply their trade via fax machine, teletypewriter telephone and computer at their Elizabeth, N.J., home. Being cut off from the primary tool of modern romance — the telephone — comes with its challenges. Last week, when one of the Landaus' clients got lost on the way to a first date, the lack of a nearby TTY telephone left both parties wandering. The relationship was almost called off.

The occasional communication barrier between clients, though, is the least of the Landaus' problems in trying to bring together deaf Jews. There are, by most counts, no more than 20,000 deaf and hard-of-hearing Jews in America — most of them elderly — and few of them have access to a Jewish community that can address their needs. The general deaf community, on the other hand, is far more accessible, and it is there, the Landaus say, that most deaf Jews end up socializing — and finding spouses.

"In America, it's very difficult for Jewish deaf people to find each other," Sam Landau said through an interpreter. "The identity is usually, 'First I'm a deaf person, second I'm a Jew.'"
Despite this, the Landaus estimate that they have been the force behind 10 marriages and countless near misses in the course of their own 30-year union. The work has required quick thinking and a willingness to travel great distances. This past week, the Landaus went to Florida with many of their clients for what is perhaps the best place to find other single deaf Jews: the biennial Jewish Deaf Congress. But when that event ends, the Landaus are left more or less on their own with the task of crafting one of the most essential building blocks of Jewish life: the shidduch, or match.

The enormous distances their clients are willing to travel are evident from the personal ads listed in the newsletter the Landaus publish twice a year. A recent listing from a 36-year-old South African woman is nearly indistinguishable from those found ordinarily: "Loves long walks, travel... renting movies with captions and learning something new." But it ended with something you wouldn't find on JDate: "Willing to live in USA." In the Landaus' own case, Sam moved from Israel to come live with Rachelle in America.
Sam and Rachelle Landau publish the newsletter in their respective roles as coordinator and associate coordinator of the Jewish Deaf Singles Registry, which is sponsored by Our Way, part Orthodox Union's National Jewish Council for the Disabled. This is the only such program run by any of the religious movements, and everyone involved makes it clear that it is open to Jews from every denomination — as long as the mother is Jewish. Of the 58 personal ads in the May newsletter, only 13 were Orthodox. There was a Conservative Jewish woman in England and a man in Israel who labeled himself "not religious."
One of the Landaus' recent "projects" was Avremi Swerdlov, a 36-year-old postal worker from a Chabad Lubavitch family in Brooklyn. Swerdlov had tried dating a hearing woman in the Crown Heights section of Brooklyn where he grew up but he said that "it was a waste of time." He had grown up in a hearing family from which he had felt excluded. He didn't want to re-create the same feeling in his marriage.

The turning point for Swerdlov came three years ago, after he was nearly killed by a fire in his parents' home. (He couldn't hear the alarm.) After being rescued he decided it was time for a change. "It hit me," he said. "I'm 33 years old. I should stop taking my time." He joined the Landaus' registry, and when he checked into the online chatroom he found Sandra, a Toronto woman from a Reform background. Initially Sandra was dating another man, but when that was called off, Swerdlov drove straight to Toronto. In September 2003, Avremi and Sandra were married.
The basic rule for the Landaus is that Jews marry other Jews. (When talking about their work, they often tug at their chin, as if stroking a beard — the American Sign Language sign for Jewish.) Intermarriage is, of course, an issue for the hearing Jewish community, as well, but hearing people can easily stop by any one of hundreds of Jewish communal institutions in America and find a single person to talk with. There is no such variety for deaf Jews. Chicago and Los Angeles both have deaf synagogues, though neither has services year round. New York has a deaf club — Beth Torah of the Deaf — that offers lectures and other activities. And then there is the Jewish Deaf Congress, which took place in Tampa Bay, Fla., from July 3 to July 10. The organizers there guess that during its 49-year history, the biennial congresses have been responsible for 50 marriages.
But a major problem facing deaf institutions both inside and outside the Jewish world is that they no longer have the power to attract members as they once did. At one point the Jewish Deaf Congress drew 525 people, but this year only 200 attended. In the era before the Internet, TTY telephones and closed captioned television shows, deaf clubs were the only forums for deaf interaction.

"Alas, flash to today," said Joseph Slotnick, president of Temple Beth Solomon, the deaf synagogue in Los Angeles. It was founded in the 1960s, before the TTY telephone. "Most young people today prefer other ways of getting together on Friday evenings than going to services, or they prefer going to movies with captioning."
Even in those cities with deaf clubs, singles face difficulties. Take Mordechai Weiss, who met the Landaus when he was a shy 13-year-old Orthodox boy who did not yet know sign language. Today, Weiss is an outgoing 28-year-old architecture student and the vice president of Beth Torah of the Deaf. Weiss, in an ad placed in the Landaus' newsletter, eagerly professed his desire to find "an Orthodox deaf girl that I feel is the right one for me." Despite all his efforts, however, he has thus far only landed four dates with Orthodox girls — including a woman the Landaus recently set him up with. "It has been very frustrating," Weiss wrote in an e-mail. "The Orthodox deaf girls want to marry hearing guys [who] go to Yeshiva."
Four years ago, one of the Landaus' clients had enough devotion to become a board member, but in the end she tired of waiting and ended up marrying a non-Jewish deaf man. The Landaus said they did not feel it was appropriate for them to attend the wedding.

In many cases, it's a wonder people are able to preserve the Jewish connections that they do. Taking part in the life of a community centered on discussion and call-and-response prayers is not easy when you cannot hear. Rachelle Landau was the only member of her family not to go to a Jewish day school. When she enrolled in an after-school program for Jewish study, most of the lessons involved reading out loud. The other students laughed when Landau tried, and she never returned. Even today she has difficulty at synagogue; she can't follow the service and has no way to talk with the other congregants.
Nevertheless she devotes herself to keeping the Jewish flame alive. Last week, when the aforementioned man and woman got lost trying to find their rendezvous spot, the man wandered around the city before eventually finding his way to the Landaus' home, uncertain what else to do. When Rachelle returned from work she found him waiting in her living room. The panicked woman had e-mailed Rachelle from an Internet café. After calming her down, Landau set up another date for the two of them for the following day.
With reporting by Mark Levenstein.

[Nathaniel Popper is a staff writer for the Forward. Rukhl Schaechter is on the editorial staff of the Yiddish Forward.]

School for deaf celebrates 40 years

The Newfoundland School for the Deaf (NSD)

June 25, 2005

The Newfoundland School for the Deaf (NSD) celebrated its 40th anniversary last month, and no one was more enthusiastic about the celebrations than teacher Judy (Crocker) Shea.
Originally from Georgestown, Shea was among the first graduating class of the NSD and one of its first students to receive a university degree. She is also the only deaf teacher in the school’s 40-year history.

The NSD opened Sept. 22, 1965 with six teachers, 12 houseparents and an enrolment of 54 students.After graduating from the NSD in 1968, Shea went to Gallaudet University in Washington, D.C., a world-leading university for deaf, hard-of-hearing and hearing students.
Upon receiving her degree from Gallaudet, Shea returned to Canada and began teaching the deaf in Amherst, N.S.

In 1979, she came back to Newfoundland with six years’ teaching experience to her credit to join the staff of NSD.In addition to her position at the school, Shea also teaches sign language at Memorial University.Shea ends her teaching career this month on a bittersweet note. While she’s proud of her accomplishments, she would like to see other deaf and hard-of-hearing individuals pursue teaching degrees and find employment at NSD.

"When they meet me for the first time, they don’t believe I’m really deaf," Shea says through the school’s guidance counsellor, Jack Jardine, who acts as an interpreter for the interview.
"When they find out, yes, I am a deaf teacher, that’s really important to them."Shea says, in addition to their academic requirements, she teaches her students how to communicate. As someone who walks in their shoes, she knows the obstacles they face on their pathway through life in a hearing world.

"My heart is going to be broken when I leave here in June," she says of her retirement.
"But I’ll be back. Maybe to volunteer or to help out wherever I can. I’ll really miss the students. I’ll miss them all," she says.

According to Jardine, Shea will be as missed by the students as much as she will miss them. While well deserved, her retirement will be a tremendous loss to the school, he says.
"Judy has been such a powerful role model for the kids since she came to work here. They’re really going to miss her, and it’s unfortunate that we don’t have any other deaf teachers here to replace her. Because, for these kids to see a deaf teacher, that’s such a good inspiration for them."

In its early years, the NSD was operated by the department of public welfare.
In September 1965, the school moved from its Fort Pepperrell location to the former RCAF station in Torbay, where it remained for more than two decades.

In April 1971, responsibility for its operation was transferred to the department of education and youth in recognition of the fact that the school was first and foremost an educational facility.
Perhaps the most difficult decision a parent will ever make is to send a child away to school, Jardine says. It’s also the most selfless, he adds. As the school’s guidance counsellor for almost three decades, Jardine is often a family’s first contact with the school.

"It’s not easy for me to say to a parent, ‘This is the best option for your child.’ But you can say that and say it with sincerity because you believe in the quality of the programs offered here."
Due to the geography of Newfoundland and Labrador, a number of students who attend NSD live on campus. These students are offered numerous recreational and life-skills support services which supplement the activities of the school day.

Since Shea graduated from the school almost four decades ago, numerous other students have gone on to pursue post-secondary education, Jardine says.Today, an estimated 40 to 50 per cent of graduates continue with their education.Throughout its history, the NSD and its residence has been a haven for deaf and hard-of-hearing students throughout Newfoundland and Labrador. The school is the only comprehensive support service for deaf children in the province.

It has also contributed tremendously to those students who remain in their home communities.
Thanks to the initiatives of the NSD over the years, every school board in the province now has access to the services of an itinerant teacher for deaf and heard-of-hearing students.
The school also offers a home-based teaching program to parents with preschool children who are diagnosed with a hearing loss.

In 1978, when Charles Harkins was appointed school principal, he recognized the importance of maintaining and strengthening the bond between parents and children who lived at the school’s residence. Consequently, the school lengthened its days so students could take Friday afternoons off and head home for the weekend. It’s a practice that continues today.
"Every child who could, went home every weekend by bus. We had children going as far as Corner Brook every weekend for decades," Jardine says.

The school went one step further by adding a week at the beginning and end of the school year, which would allow students to go home once every six weeks, including regular breaks and holiday periods.

Because the NSD is a home away from home for the students, their parents and other family members are also encouraged to stay in the residence when they travel to the St. John’s area to visit their child.While he says the school is everything a deaf person could ever need or want, Jardine says that, over the years, enrolment at the school has decreased. The school’s enrolment peaked at 150 students. Today, that number has dropped to less than 50 students. Jardine says several factors have caused the declining enrolment."It’s tied to the decline in the population, and there’s also the philosophical approach that keeps kids in their mainstream classroom in their own communities. And then there are people who are moving outside the province."

During the early 1980s, the school saw about 60 per cent of its students living at the school’s residence. Today, that ratio has changed to about 40 per cent."We saw that when the fishery closed in the 1990s there was a shift, where the families weren’t tied to their communities so much."

The benefits of having a child educated at the NSD are tremendous, Jardine says. The school on Topsail Road, which opened in 1987, is designed to meet the unique requirements of the deaf population. Acoustically, it ensures that an optimum hearing environment is available to the students. It’s also equipped with visual alarm and signalling devises for safety, captioning equipment and cable with internal text channel and telecommunications (TTD).
Master’s-trained teachers of the deaf and hard-of-hearing teach all levels of programs in the school. They work with the students to help them develop their language skills as well as accomplish their academic requirements, he says.

"The school for the deaf, historically, because of its deaf culture, has been a place where the (deaf) culture begins to flourish," Jardine says."And this is a major support to these kids as they find their way in life. It’s a tremendous foundation for them to build on."

By Danette Dooley, The Telegram

Their world lies out of earshot

Janet Porter and her daughter, Elizabeth, have fun with Elizabeth's deafness; they learn new things and meet new people.

Posted on Mon, Jun. 27, 2005

BY CHRISTINA M. WOODS
The Wichita Eagle

Elizabeth Porter's world is visual.

Hands talk. Sentences flow from her fingers. Music is felt instead of heard.

At church, for example, she places her hands on the pews to feel the vibrations. She catches the beat and moves to the rhythm.

She loves to dance.

Elizabeth, 6, is deaf.

Her parents, Dick and Janet, once grieved for all of the sounds she would miss. Now they celebrate being part of a culture in which hearing loss doesn't necessarily hamper life's tone.
"It's given us a chance to learn about a whole new language and a whole new culture I didn't know existed before she was born," said Janet Porter.

Elizabeth was born in January 1999 -- before the state required all newborns to undergo a hearing test.But little hints caused the Porters to wonder. Elizabeth wouldn't respond to the family dog. She slept through loud noises.

Elizabeth was 7 months old when she was tested and diagnosed with profound hearing loss.
"Everybody has to go through a mourning process, whether it's death, being deaf or blindness," said Dick Porter. "If you don't go through the mourning, you won't be grateful later on."
The Porters had family friends who knew about services for the deaf and hearing impaired. They taught the Porter family, which also includes 4-year-old Nathan, basic words and how to spell their names in sign language. Now Elizabeth's American Sign Language flows as easily as spoken sentences.

Janet Porter says she wishes she had given Elizabeth a shorter name because she has to finger-spell all of the letters.But they have adapted and call their daughter's deafness "cool."
Dick Porter said his marriage is stronger. Janet Porter said she doesn't have to worry about their daughter hearing curse words.

Nathan is learning he has to wave his hand and sign instead of yelling his sister's name to get her attention. The Porters watch television with the closed-captioning instead of the sound, sometimes.Elizabeth also attends a "mainstream" school in the Maize district so she can be among her hearing peers.The couple said they placed their daughter in the district school so she can have all of her needs met.


The family had some idea how to navigate the system for services. Elizabeth already received physical therapy because of low muscle tone and a facial palsy.
They qualified for Supplemental Security Income and a medical card, which cover Elizabeth's medical costs and therapy.

Rainbows United, a nonprofit organization that assists children with disabilities, started Elizabeth Porter's education before she was 3 years old. The organization serves 22 children who are deaf or hearing impaired.

The organization also provided a mentor who met with the family at least once a month and taught them more sign language and explained more about deaf culture.
"We had to learn the system," Janet Porter said. "You can't just sit back and let somebody else do the work."

But not every parent has that opportunity. So Janet Porter joined forces with Kim Enos, a deaf community advocate, to create the Elizabeth Connection.
The group allows deaf and hearing impairedpeople to celebrate themselves, organizers say, by being around one another. It also allows hearing people to be exposed to the deaf and hearing impaired.

Exposure, Janet Porter said, brings about understanding.
Some children readily accept her daughter, she said, while others shy away from her because they don't understand.

She has watched children get up and move as soon as her daughter sits down beside them.
"That just crushes your heart," said Janet Porter. "But she has such an awesome attitude about herself -- she couldn't care less. She'll just move over to the next person.
"I hope that attitude continues as she learns about the world."

Movie captions break language, hearing barriers

Advocates for literacy, hearing impaired praise the film series addition

http://www.caller.com/ccct/local_news/article/0,1641,CCCT_811_3876978,00.html

By Fanny S. Chirinos Caller-Times

June 23, 2005

Friday night movies shown as part of the Bay Jammin' series at Cole Park's amphitheater have taken a turn for the better, local literacy and advocates for the hearing impaired said.
Three weeks ago, the city of Corpus Christi's Special Events Department began showing movies with captions, or words on the screen showing what the characters are saying.

"We're thrilled that the city is now providing these movies so the entire city can benefit," said Toni Padilla, regional specialist for the Deaf and Hard of Hearing Center in Corpus Christi. "I've received comments from elated clients because they can participate in the summer series like their friends and families."

The captions were made possible by the purchase of a newer-model DVD player a month ago in order to provide the captions. "We're happy to do it," said Chris Kallas, the city's special events supervisor. "We just were unaware of the need."

Approximately 8.8 percent of the U.S. population have some degree of hearing loss, Padilla said, adding the center finds that figure to be true locally. Padilla, a member of the city's Committee for People with Disabilities, proposed the change a month ago by way of the committee.
"It's proven that captions help young children improve their literacy rate," she said.
Martha Meyer, interim director of the Corpus Christi Literacy Council, said the captions also might help non-English speaking people learn and speak the language better.

Attendance at the movies varies depending on the movie and other area events, but numbers are up from last year, Kallas said. "Last summer's movies, particularly the first few, had a few couples in attendance and increased during the season," Kallas said, adding the event is in its second season. "Friday's movie had about 400 to 500 people."

Google and Yahoo Are Extending Search Ability to TV Programs

Erin Lubin/Bloomberg News
Google headquarters is in Mountain View, Calif.


http://www.nytimes.com/2005/01/25/technology/25google.html
Google and Yahoo Are Extending Search Ability to TV Programs
By SAUL HANSELL
Published: January 25, 2005

Google and Yahoo are introducing services that will let users search through television programs based on words spoken on the air. The services will look for keywords in the closed captioning information that is encoded in many programs, mainly as an aid to deaf viewers. Google's service, scheduled to be introduced today, does not actually permit people to watch the video on their computers. Instead, it presents them with short excerpts of program transcripts with text matching their search queries and a single image from the program. Google records TV programs for use in the service.

Google's vice president for product management, Jonathan Rosenberg, said offering still images was somewhat limited but was a first step toward a broader service. "The long-term business model is complicated and will evolve over time," Mr. Rosenberg said. Eventually, Google may offer video programming on its site or direct people to video on other Web sites. But for now, the issues relating to the rights and business interests of program owners are very complex, he said.

A Google spokesman, Nate Tyler, said the service would include "most of the major networks," including ABC, PBS, Fox News and C-Span. Mr. Rosenberg said Google did not think it needed the permission of network and program owners to include them in the index but would remove any program or network if the owner requests it. He declined to discuss any business arrangements between the program owners and Google.

Brian Lamb, the chief executive of C-Span, said he met with representatives of Google and approved of their service but no money changed hands between the two organizations. Yahoo introduced a test version of a different sort of video search last year, available from a section of its site, that lets users comb through video clips from various Web sites.

Today, Yahoo will move the video search to its home page. In the next few weeks, it will introduce the ability to search the closed-captioning text for programs from some networks, including Bloomberg and the BBC. Unlike the Google service, Yahoo's offering will let users watch 60-second video clips.

David Ives, the chief executive of TV Eyes, which is providing that part of Yahoo's service, said some broadcasters were paying to have their programs included in the search. In other cases, he said, the broadcaster and TV Eyes will split revenue from advertisements placed next to the video clips.

I-Caption uses Pocket PC for individual captioning system

I-Caption employs a handheld wireless unit (in this case a Dell Axim)


http://www.geekzone.co.nz/content.asp?contentid=4009 I-Caption uses Pocket PC for individual captioning system Until now the ability to attend live theatre with family and friends or to see a Broadway show on the spur of the moment has been a challenge for the deaf and hard of hearing who require special signed performances or specific seats for complete enjoyment. But Sound Associates, Inc has launched I-Caption, an individual captioning system that allows deaf patrons to be as spontaneous as anyone else attending live theatre.

I-Caption employs a handheld wireless unit (in this case a Dell Axim) that displays dialogue and lyrics in text, in real time from any seat in the house. I-Caption is now available for all performances of the musical Wicked playing at the Gershwin Theater, as well as the national touring company of Big River. The first this new use for Pocket PC is put to test is during the stage show Wicked."So much is happening onstage during Wicked that understanding dialogue and song lyrics is crucial to fully enjoying this show," said T. Richard Fitzgerald, theatrical sound designer and CEO of Sound Associates, Inc. "I-Caption provides a seamless transcription so deaf theatre patrons can follow onstage dialogue and song lyrics conveniently and unobtrusively,"

The text is automated and synchronized with sound and lighting cues to accommodate pacing variations from performance to performance. A polarized screen keeps nearby patrons from being distracted by light or moving text. In addition to I-Caption, the company also offer ShowTrans, an automated multilingual commentary service for non-English speaking audiences, is currently available for Wicked. And another initiative is D-Scriptive, an audio description service for the blind, coming soon.

More information: http://www.soundassociates.com

Alyssa Cwanger, Post-Gazette
Shayla widens her eyes when test tones are sent to her implant.

Cochlear implants take children out of the silent world

Martha Rial, Post-Gazette
Nino Russo with his mother, Bonnie Russo, in the backyard of their home in Peters. Nino was one of the first young children to receive a cochlear implant in Allegheny County.



http://www.post-gazette.com/pg/05039/454112.stm
Cochlear implants take children out of the silent world
Devices bring hearing and speech to deaf children, but their use remains controversial
Tuesday, February 08, 2005 By Virginia Linn, Pittsburgh Post-Gazette
--------------------------------------------------------------------------------
Six years ago, Bonnie Russo was in Erie to attend a soccer tournament for her son, Marco. Along for the ride was her younger son Nino, who was 11. He has a cochlear implant, a device that helps profoundly deaf people hear. The family stopped at a fast-food restaurant and encountered students from a New York school for the deaf. They took one look at Nino's implant and started signing feverishly with the help of their interpreter. They assailed Russo for choosing the implant for her son. But Russo was having difficulty conversing with them because of the signing. "They were telling me how wrong I was,'' she said. "And there was Nino, ordering at the counter what he wanted, all by himself. "When the interpreter got up to go to the rest room, we were lost. I couldn't sign; they couldn't speak.'' That encounter erased any doubt that Bonnie and Jerry Russo may have had about pursuing an implant for Nino, who was born deaf. The devices, which are surgically implanted into the skull to stimulate the natural mechanism by which the brain receives and recognizes sound, were approved by the Food and Drug Administration for young children in 1990. So when Nino was 3 1/2 in 1991, he became one of the first young children in the region to receive the implant, in his right ear. The decision put the boy and his family into uncharted territory. Nobody really knew how effective this device would be in helping deaf children develop language. How could it be most effective? Would it help children fit better into a hearing world? Now at 17, Nino says he's doing just fine. He's a junior at Peters Township High School. He plays on three soccer teams, has friends and makes good grades. He recently got his driver's license and chats on a cell phone like any other teen. And he's been named twice by teachers as Student of the Month, a rare honor in the district. The world's only liberal arts college for the deaf is Gallaudet University in Washington, D.C. But Nino is exploring plans to attend what the deaf community calls a "hearing college" -- University of Miami, more than 1,000 miles away in Florida. Nino's progress and that of other teens who received implants when they were very young are being watched closely by educators, researchers and parents. "He would have been a deaf-mute had he not gotten a cochlear implant," said Dr. Douglas Chen, an ear specialist at Allegheny General Hospital who implanted Nino's device. "He represents what the potential of cochlear implantation is in children. ... It is literally a life-changing device.'' Bonnie Russo, a physician's assistant, agreed. "He completely interacts with the oral world and does not sign. I left that option up to him. At this point he has no desire to learn. He doesn't find a deficit anywhere in the ways of communicating." Strangers who meet him and learn that he's deaf "walk away in awe,'' she said.

Screening for babies

With Pennsylvania now mandating newborn hearing screenings and the FDA lowering to 12 months the age at which babies can receive cochlear implants, interventions are coming earlier for the one in 1,000 babies born profoundly or completely deaf. The earlier the assistance, experts say, the more likely that deaf children will speak and comprehend language normally later. The period from birth to 3 1/2 is the "golden period" of plasticity, in which the brain is able to absorb language at an astounding rate that will never be matched in a person's lifetime. But how best to educate deaf children is an old debate that shows no signs of ending.

It's the oralists, those who believe that deaf children should focus on speaking, vs. those who support Total Communication, which includes auditory training and the use of the hand symbols in American Sign Language. Nationally, 50 percent of deaf people sign and 50 percent enter oral programs. Here in Western Pennsylvania, most children diagnosed with hearing loss enter a Total Communication program, primarily because of the strong deaf community anchored around the 136-year-old Western Pennsylvania School for the Deaf in Edgewood. Until being mainstreamed in seventh grade, Nino Russo attended the all-oral magnet school DePaul Institute. The 97-year-old school in Shadyside recently changed its name to the DePaul School for Hearing and Speech and is stepping up a marketing campaign to promote what it calls the remarkable success of its students in developing language and literacy skills in step with their normally hearing peers. The school has 70 students -- most with cochlear implants -- and will start a special program there in April for children 18 months to 3 years.

"The implants have changed the whole landscape of deaf education," said Apryl Eshelman, DePaul's director of institutional advancement. Years ago, students weren't mainstreamed until high school; now, with implants, digital hearing aids and newborn hearing tests, children are heading to regular schools by kindergarten or first grade -- many with no trace of deaf speech. DePaul's curriculum immerses children in listening, lip reading, language and speech training. Sign language is not taught, which Eshelman says would prevent them from getting the full use of the implant to develop strong oral-auditory skills. That's because it's easier to sign than to go through the intensive oral program, Chen said. Given the choice, a child will take the path of least resistance. "If you put a cochlear implant in a child, probably an oral school is best suited to that child's educational needs," he said. "Not everybody is going to be a Nino Russo. Some kids will do better even with a cochlear implant by signing. There is a place for a Total Communication school, but you'd like to at least give the cochlear implant its maximum opportunity right up front."

Researchers of a National Institutes of Health study who have followed 180 children who received implants in the 1990s are coming to that same conclusion. At a gathering last summer in St. Louis of 30 of those children, including Nino, researcher Ann Geers observed dramatic differences in speech quality and academic performance between those who had been educated in all-oral programs vs. Total Communication. "On average, these kids in oral settings are doing significantly better,'' said Geers, a professor at the University of Texas Southwestern Medical School who has worked with deaf children since the 1960s. Her biggest surprise was the reading level that these children had achieved. "I did not expect for half of the kids to be reading at grade level, that's atypical of profoundly deaf kids. The highest level kids are seen at are eighth-grade level. We have half of these kids at 10th and 11th." Part of the reason for this is that most deaf children are born to hearing parents, whom statistics show, rarely become proficient in sign language. "If you are a normal hearing parent functioning in a normal society, what you want for your child is to participate in that world, to join that world and to join that culture, and I think these kids, in fact have,'' Geers said about many of the teens she met last summer.

Does deafness need fixing?
Those in the deaf community who oppose cochlear implants for children under the notion that it's an attempt to "fix" deafness, say children should not have to make a choice between the hearing or nonhearing world. Implants are not a cure; children are still deaf, and because of that they are part of a population that has its own culture, language and heritage.

"What's wrong with being deaf?'' asked M.J. Bienvenu, chair of American Sign Language and Deaf Studies at Gallaudet University who was born deaf to deaf parents. "We've got a culture. We're bilingual. We're not half a person. We're actually double." Although she acknowledged that many hearing parents have trouble learning sign language, she said it's a myth that they will "lose" their children if they become involved in deaf culture. "Being a deaf person, I've experienced deaf culture and American culture. I don't feel a sense of loss from my end. I don't feel I'm missing anything. I'm a Ph.D. I travel. I have many wonderful friends. I have a full life. I do everything every average American does.''

According to the National Association of the Deaf statement on implants, language and communication should not be equated with speech: The absence of visual-language training, such as sign language, might result in developmental delays that become difficult to reverse. Natalie Long, president of the American Society for Deaf Children, a nonprofit parent organization that is holding its 19th biennial convention in Pittsburgh this summer, said some deaf adolescents who have tried to be a part of the hearing world experience identity issues. She's known of deaf children who have stopped using their implants when they've become teens and learned to sign. "They want an identity. It's one of the things we all need in this world -- the sense of belonging in this group.''

Don Rhoten, superintendent of the Western Pennsylvania School for the Deaf, said the explosion of technology is putting deaf people who sign on an even playing field with the rest of society. For example, the school recently acquired 20 video relay systems that allow the deaf to use the telephone with the help of a certified American Sign Language interpreter and high-speed Internet connection. (Bienvenu used the system to speak to this reporter.) Twenty-eight of the school's 200 students have implants. Thirty percent of the total enrollment has additional handicaps, but the other 70 percent are "average people of various levels of skills and abilities," he said. "We have 200 kids and 200 different programs." Kylea Stewart, 14, of Bradford, Pa., who received her implant at age 10, joined WPSD this fall after being at a mainstream school. She wanted to learn more about the deaf culture. She said she found it difficult to meet the expectations of her hearing peers "perfect clothes, good taste in music . . ." Another student, Danah Richter, 16, of Arnold, was 2 and the youngest child to receive an implant in Pennsylvania in December 1990. Chen at Allegheny General also implanted her device. She has always attended WPSD and relies heavily on signing. When younger, she would throw off the ear piece because it was uncomfortable. Even at WPSD, other students called her a "robot. The kids would always pick on me.'' While she still wears the implant, she sometimes misses the annual adjustment, known as "remapping" that ensures the optimal performance of the device. Her older model must be remapped at Allegheny General (newer ones are done at WPSD) a difficult trip for her family. Both Long and Bienvenu believe the benefits of implants are oversold. They're concerned that parents don't hear the full story and don't understand how much work is involved in training students to use them. "We're getting the false myth that, 'Hey, you get a cochlear implant and boom! You're normal,''' said Bienvenu, adding that only a small percentage come close to this vision.

It's not perfect hearing

Although Nino would probably fall into that top percent, he follows an Individual Education Plan for special education students in the Peters Township School District that allows him preferential seating in a classroom -- usually in the front row -- for optimal learning. With just a hint of deaf speech (because he got the implant at 3), he continues with weekly speech therapy. He has difficulty making out conversation in large groups, where everyone is talking at once. The day of focused concentration at school leaves him wiped out. He uses closed captioning for some TV shows (but definitely not for sports or Steelers games, he says).

For soccer, Nino wears a sweat band over his implant to keep it dry; moisture can knock it out. He had a bit of a scare last summer when he attended a soccer Olympic development program in New Jersey. It was a hot, humid day and he had started to perspire before he put on his sweat band. The implant stopped working. He tried to text-message his mother in Pittsburgh, but she didn't know how to message back. Finally a roommate helped him make a phone call. Nino ended up putting the implant in front of a fan overnight to dry, and by morning it was working. "Over all these years, that was the first glitch," Bonnie Russo said. He's never without hearing aid batteries -- lots of them. They last between two and three days, so he carries them in his pants' pockets, book bag, everywhere. Nino can swim if he takes off the outside attachment, but then he can't hear. He has to be careful when his friends are engaged in water balloon fights or are pushing people into the pool for fun. "I hate to worry about it, but I hate to take it off because I want to hear,'' Nino said. But his push to excel also has helped him develop the confidence to stand up for himself. This impressed his physical education teacher, Lois Murray, who nominated him in the fall for student of the month. She had asked her class to run a mile. "The other kids were saying 'Don't run, Don't run.' He went ahead and ran. He didn't bow to the peer pressure. "At this level, I see students who don't give 100 percent. I think Nino gives 110 percent. He's a role model.''

Still room for second-guessing

Although cochlear implants are more common, the decisions for parents to pursue the operations for their children haven't gotten any easier. Fourteen-month-old Shayla McCoy of New Sewickley Township received an implant on Nov. 11 at Children's Hospital of Pittsburgh, which expects to perform its 100th implant this spring. "We've been second-guessing this from the last moment," said her mother, Sharmane, at the time of the operation. "Are we making the right decision? Will she be upset?" Shayla has moderate to severe hearing loss. Both her paternal grandmother and grandfather are hard of hearing, and two aunts are deaf, so there is much signing in her family. She was back at Children's on Dec. 13 when audiologists turned on the implant for the first time. As the volume has been increased over time, the change has been dramatic, McCoy said. "It was like she was sleeping, and she's waking up.'' The implant is just the start of many decisions for the family as Shayla grows up. "Should she be in a nonhearing world or a hearing world?'' asked McCoy. "That's a big decision.''

A wearable captioning system developed at the Georgia Tech Research Institute (GTRI) relies on mobile wireless technology to allow people who are deaf or hard of hearing to receive information that is being presented audibly to the general public in a variety of public venues.

Virtual Voices: Wearable Captioning System to Make Public Venues Accessible to People who are Deaf or Hard of Hearing

Leanne West is the project director for a wearable captioning system developed at the Georgia Tech Research Institute (GTRI). The system allows users to customize the way they receive captions in any venue that provides captioning.


Wearable Captioning System to Make Public Venues Accessible http://www.newswise.com/articles/view/511079/

For people who are deaf or hard of hearing, the voices of actors, teachers, sports announcers and clergy are often silenced.

With captioning typically available only in selected movie theaters, a lack of access to information often limits community involvement for people who are deaf or hard of hearing. But a wearable captioning system developed at the Georgia Tech Research Institute (GTRI) and recently licensed by the Georgia Tech Research Corporation’s Office of Technology Licensing to a metro Atlanta company may change that situation for the 28 million Americans (about 10 percent of the population) who are deaf or hard of hearing. The system, which relies on mobile wireless technology, will allow users to easily receive information that is being presented audibly to the general public in a variety of public venues, such as movie theaters, museums, playhouses, schools, government meetings, sports arenas, transit stations and places of worship. Because the system can transmit multiple text streams, it may also be used for language translation ; its software is internationally compatible. Also, the system could transmit optional information that a hearing patron might want, such as statistics at a sporting event.

“The venue must generate the captions for patrons, but our system is an easy way to get captioning to patrons in a way they want – customized for each person,” said GTRI project director Leanne West. “Right now, captioning is typically available only in movie theaters – and just a limited number of them – but this device gives us a way to deliver captioning at any venue.” Peacock Communications Inc., of Marietta, Ga., plans to sell the captioning system software called COMMplementsTM and consult with venues on hardware and installation issues, said chair and CEO Jack Peacock. He is seeking investor funding to finalize enhancements of the software. Peacock will market the software in the United States initially and then in Canada and western Europe. The company has not announced a price for the software yet.

In COMMplements, captions are sent by a venue’s transmitter via standard wireless technology – the 802.11b wireless protocol – to a receiver device, such as a personal digital assistant (PDA), which also displays captions West explained. The 802.11b wireless technology is already installed in many places, such as baseball stadiums, coffee shops and restaurants, and even urban business districts. The venue operates the transmitter, and the patron can borrow the receiver and display from the venue or bring their own, West said. Wireless-enabled PDAs and laptop computers can serve as receivers and displays, or patrons can use a micro display that plugs into a PDA and attaches to their glasses or is worn on a headband. Although positioned close to the eye, the micro display uses optics that make its screen appear to float several feet away, giving users relaxed viewing of text seemingly overlaid on their visual field.
Captions can be pre-recorded or text can be generated in real time with a shorthand typing method such as CART (Communication Access Real-Time Translation). As voice recognition technology improves, captioning could be derived in this way, West added.

Before West and her colleagues began the project, she consulted with the Georgia Council for the Hearing Impaired to gauge the need for and interest in a new type of captioning system. With their interest confirmed, the project got funding from GTRI and a grant from the Wireless Rehabilitation Engineering Research Center (RERC) at Georgia Tech. The RERC is funded by the National Institute on Disability and Rehabilitation Research, a unit of the U.S. Department of Education.

With an early prototype in hand, researchers tested the system on two different occasions, including the annual Self-Help for Hard of Hearing People (SHHH) conference. The tests included 63 volunteers who were deaf or hard of hearing and ranged in age from 15 to 75. “We wanted to make sure we were on the right track and including features they wanted and felt were necessary,” West said. “It doesn’t help to build something if the person you’re building it for doesn’t want to use it. That is often overlooked when people are developing assistive technologies.” In their tests, researchers simulated a movie theater setting, playing anywhere from 15 to 90 minutes of video. Participants wore glasses with a micro display attached. Most volunteers reported that the display “took some getting used to,” but 65 percent of users said it took less than 10 minutes to get the display in comfortable reading position. Also, 65 percent said the text was easy to read. “We took their comments and included some of the features they wanted to see,” West said. “Some people wanted an option for the font style, but we decided for several reasons to use the Tiresias font developed by the Royal National Institute for the Blind for people with low vision. Now, we get lots of compliments on the font.” West and her colleagues also created customizable features such as text size and color, background color and focus adjustment. Most study participants -- 84 percent -- said they would not feel self-conscious about wearing the communication assistant in a public venue. Subjects called the system “neat,” “truly amazing” and “worthwhile.” One person commented: “This is a good device to carry around in case an interpreter doesn’t show up.” The idea for the captioning system developed about five years ago out of a luncheon discussion session in West’s research division at GTRI. Participants were discussing the litigation – now settled – over the lack of captioning in some movie theaters. The group agreed that there must be a better way to provide captioning and to offer it in a variety of venues.

Right now, the leading technology for providing captions in a movie theater is called the Rear Window® Captioning System, which was developed by the National Center for Accessible Media. The system is available in some movie theaters and displays reversed captions on a light-emitting diode (LED) text display mounted in the rear of a theater. Patrons who are deaf or hard of hearing use transparent acrylic panels mounted in their seat cup holders to reflect the captions so that they appear superimposed on the movie screen. West said the GTRI system is more accommodating than the Rear Window system. The GTRI system handles multiple text streams, is fully customizable and discreet, and can be used in any public venue willing to provide captioning. Also, it works on a personal electronic device that users can affordably own and easily carry with them. The Rear Window system requires patrons to borrow equipment from the movie theater. GTRI researchers are now enhancing the software with security measures to prevent hacking and are updating it to accommodate a newer, more rugged, and less expensive micro display. They also plan to create a customized version of the captioning system for venues to distribute to patrons who don’t have a PDA.
WRITER: Jane Sanders
Several images are available from the media relations contacts listed above. Also, the images can be downloaded in high-resolution format at http://www.gtresearchnews.gatech.edu/newsrelease/captioning.htm