Important Bill for Telecommunication Relay
Dear Friends:
This is very important bill as it will help to prevent cuts to the TAP program from the budgets being made to the general funds in the state of Virginia. It is important to contact your Senator now to support this. This does not involve any more money. With people with hearing loss not being able to afford hearing aids at least they will have access to the phone lines in the state of Virginia with 615,000. They will be able to get the equipment which is so needed to use the phone.
This will help Outreach throughout the state to continue to deliver and serve people of Virginia with important equipment for use on the phone and contacting 911. Most important understanding their family and health care providers.
10101302D
SENATE BILL NO. 316
Offered January 13, 2010
Prefiled January 12, 2010
A BILL to amend and reenact § 51.5-115 of the Code of Virginia, relating to telecommunications relay service; funding.
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Patron– Locke
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:
1. That § 51.5-115 of the Code of Virginia is amended and reenacted as follows:
§ 51.5-115. Telecommunications relay service; standards; funding.
A. As used in this section, unless the context requires otherwise, the term:
“End-user equipment” means any communications device that enables or assists a person with a disability to communicate with others through the public-switched telephone network or internet protocol-enabled communication services.
“Operation” means those functions reasonably and directly necessary for the provision of telecommunications relay service, including contract procurement and administration and public education and information regarding telecommunications relay service.
“Telecommunications relay service” means a facility whereby a person who has a hearing or speech disability using a text telephone and a person using a conventional telephone device can communicate with each other via telephone.
“VITA” means the Virginia Information Technologies Agency.
“Voice carry over” means technology that will enable a deaf or hard-of-hearing person with good speech to use his voice, instead of the text telephone, to communicate back to the hearing person.
B. The Department, with the assistance of VITA, shall be responsible for the provision and operation of telecommunications relay service for all text telephones within the Commonwealth. Telecommunications relay service shall include at a minimum:
1. Twenty-four-hour-a-day, seven-day-a-week statewide access with no limitations or restrictions that are not applicable to voice users of the telephone network;
2. An answer rate that ensures that at least 85% of the incoming calls are operator-answered within 20 seconds and at least 99% of incoming calls are answered within 60 seconds;
3. Technological advances, including the capability of voice carryover; and
4. Adequate facilities and personnel to ensure that calls are interpreted accurately; notwithstanding this provision, unless miscommunication on a call is caused by the willful misconduct of the telecommunications relay service provider, liability of the telecommunications relay service provider shall be limited to the charges imposed on users for the call.
C. All costs associated with the establishment and operation of the telecommunications relay service, including but not limited to the costs associated with the purchase and distribution of end-user equipment and personnel costs incurred by the Department for administering the service, shall be funded through a distribution made to the Department in accordance with the provisions of § 58.1-662 and any money transferred from the Department as provided for in subsection D. Such distributions, when appropriate, may be zero. The distributions shall be based on projected costs and special interim distributions may be made if actual costs exceed projections. No distribution shall be made and no funds shall be expended to support any activities that are not reasonably and directly necessary for the operation of the telecommunications relay service as defined in this section.
D. The Department shall transfer any funds received from the National Exchange Carrier Association, or other funding sources for purposes of operating telecommunications relay services, to VITA for costs associated with telecommunications relay service.
- Thanks to AP
Photos – 911 Tour in Winchester (January 25, 2010)
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| Jan. 25, 2010 Winchester 911 Tour |
Alternative link:
http://picasaweb.google.com/DHHSCInc/Jan252010Winchester911Tour?feat=directlink
Pickles Comic by Brian Crane
Click image above for better view.
- Thanks to Pickles, January 10, 2010
There’s Still Time to Contact Your Virginia State Senator on Senate Bill 689!
Earlier this week NVRC sent an alert about Senate Bill 689, which would take away the independent right of the Virginia Office of Protection and Advocacy (VOPA) to act on behalf for Virginians with disabilities to pursue our rights under the Americans with Disabilities Act and Individuals with Disabilities Education Act (IDEA) as well as other federal disability rights laws.
The bill was discussed this week in committee but carried over to be heard next Wednesday’s meeting of the in Senate General Laws at 2 pm. There is still time to make calls, sendletters, and email your legislators to oppose this bill and protect the civil rights of individuals with disabilities.
The Northern Virginia legislators’ email addresses and phone numbers are below.
Ask the senators to OPPOSE SB 689 because it will take away the independent right of the Virginia Office of Protection and Advocacy (VOPA) to act on behalf of Virginians with disabilities to pursue our rights under the ADA. Right now VOPA staff can make independent decisions to pursue disability rights cases on the basis of legal merit. Passage of SB 689 will require you to pursue a dispute resolution proceeding before VOPA can seek a legal remedy on your behalf. It will also require the staff of VOPA to get approval from the VOPA Board before they can pursue any lawsuit. VOPA Board members political appointees selected by the Governor and General Assembly.
In addition to asking your senator to oppose the bill, contact the primary patron of SB 689, Senator Blevins, to urge him to withdraw SB 689.
At the beginning of the 20th anniversary year of the signing of the ADA, WE CAN’T LET THIS HAPPEN!
SB 689 is before the Senate Committee on General Laws on Wednesday, January 27th. You can contact the following:
The patron of SB 689 is Senator Blevins district14@senate.virginia.gov
Senator John Miller is also a supporter of the bill district01@senate.virginia.gov
Members of the committee on General Laws are
Senator Mamie Locke (chair) district02@senate.virginia.gov – 804.698.7502
Senator Charles Colgan district29@senate.virginia.gov – 804.698. 7529
Senator Edward Houck district17@senate.virginia.gov — 804.698.7517
Senator William Wampler district40@senate.virginia.gov — 804.698.7540
Senator Walter Stosch district12@senate.virginia.gov — 804.698.7512
Senator Stephen Martin district11@senate.virginia.gov –804.698.7511
Senator Frank Ruff district15@senate.virginia.gov – 804.698.7515
Senator Frank Wagner district07@senate.virginia.gov — 804.698.7507
Senator Mark Herring district33@senate.virginia.gov — 804.698.7533
Senator Robert Hurt district19@senate.virginia.gov – 804.698.7519
Senator Chap Peterson district34@senate.virginia.gov – 804.698.7534
Senator George Barker district39@senate.virginia.gov – 804.698.7539
Senator Jill Vogel district27@senate.virginia.gov — 804.698.7527
Senator David Marsden district37@senate.virginia.gov – 804.698.7537
Senator John Miller district01@senate.virginia.gov 804.698.7501
- Thanks to NVRC, Fairfax
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Related article:
http://www.examiner.com/x-4959-Special-Education-Examiner~y2010m1d27-Virginia-legislature-attempting-to-steal-civil-rights-away-from-the-disabled
- Thanks to LM
FCC Actions Block Consumer VRS Calls
The NAD learned that the Federal Communications Commission (FCC) has not paid Video Relay Service (VRS) providers for certain types of VRS calls since July 2009. As a result, some VRS providers are not connecting or may stop connecting some VRS calls. This is not functionally equivalent to the communication access that hearing telephone users enjoy. We urged the FCC to start a rulemaking process to promote transparency and ensure stakeholder input, before the FCC takes any action which may limit or restrict VRS calls.
On behalf of several consumer groups, the NAD contacted the FCC about this matter on January 12 and sent a follow up letter. We expressed concerns about reported actions of the National Exchange Carriers Association (NECA), the Telecommunications Relay Service (TRS) Fund administrator. We urged the FCC to take the following actions:
- quickly resolve any VRS payment withholding disputes by instructing NECA to release the payments until a rulemaking about permitted calls is completed;
- take immediate action to ensure that VRS providers continue to permit and connect VRS calls made to a telephone user’s number; and
- issue a notice of proposed rulemaking (NPRM), to promote transparency and ensure stakeholder input, before the Commission takes any action which may limit or restrict VRS calls.
The following week, several VRS providers sent a letter urging the FCC to issue an NPRM to establish clear rules about which VRS calls may (and may not) be paid for by the TRS Fund. Over the past year, this request has been made many times by many providers, consumer groups, and other stakeholders. In their letter, these VRS providers also asked the FCC to clarify the procedures for withholding payment for any VRS calls. They said that, without FCC action, “VRS providers are placed in the impossible position on the one hand of being obligated by the TRS rules to continue to process all calls as they are received . . . yet, on the other hand providers are being denied compensation for the costs they incur to handle those calls.”
On January 27, the NAD, with other consumer groups, filed a formal petition urging the FCC to address these VRS issues. This is urgent because withholding payment for VRS calls, indefinitely, impacts the provision of VRS services to deaf and hard of hearing consumers.
We told the FCC that we learned that NECA is withholding payment for some VRS calls: calls that are connected to automated call response or interactive voice response (IVR) systems; calls that are connected to recorded communication, such as that provided by government agencies; multiple calls from a single videophone/VRS number; multiple calls to a single telephone number; calls to technical support services (i.e., Blackberry and T-Mobile during a service outage); calls connected to telephone conference call service numbers; and other types of calls. These kinds of phone calls are typically provided by phone companies, are technologically feasible through VRS, and are required to be connected and handled in accordance with the FCC’s rules. As a result of the NECA payment withholdings, some VRS providers may be financially unable to continue providing service for those types of calls.
Further, we recently learned that, since July 2009, NECA has withheld payment in some instances and their review is “ongoing.” We also learned that NECA has not paid VRS providers for any VRS calls made to “recorded messages” since July 2009, apparently because NECA believes these are not calls involving a hearing individual. This interpretation defies logic, is inconsistent with FCC rules, and is erroneous.
Reasonable exercise of the FCC’s and NECA’s authority should not, directly or indirectly, impact negatively on the delivery of TRS to consumers; diminish functional equivalency; or limit, restrict, or disable consumers’ access to the telephone network. While we applaud efforts to ensure the integrity of the TRS Fund, it is our position that VRS calls to a telephone user’s number must be permitted, connected, and reimbursed by the TRS Fund, unless there is clear and unequivocal evidence of fraud against the VRS program.
We urged the FCC to start the rulemaking process to identify and to address potential waste, fraud, and abuse by providing clarification about permissible marketing practices and the types of calls that are compensable by the TRS Fund. Finally, we urged the FCC to ensure that this rulemaking furthers the achievement of functional equivalency; protects consumer privacy; addresses fraud through appropriate investigation and enforcement action; and does not limit or restrict consumer VRS calls, directly or indirectly, through NECA’s back door. Rules must be clear, guidance must be provided, response to requests for clarification must be prompt, and compliance and enforcement measures must be transparent.
The NAD looks forward to working with the FCC, NECA, VRS providers, and other stakeholders in the development of rules and appropriate procedures to ensure the integrity of the TRS Fund and achieve functional equivalency for all deaf and hard of hearing consumers.
What Consumers Can Do
File a Comment with the FCC.
Type 03-123 in the first box marked “Proceeding Number,” type your name and contact information, and tell the FCC how you use VRS and why VRS is important to you.
Tell the FCC:
I support the Petition to Initiate a Notice and Comment Rulemaking Proceeding filed by the National Association of the Deaf.
- Thanks to NAD
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