Blind Customers Take Action Against the Cell Phone Industry

Blind and visually impaired customers are taking legal action against the cell phone industry in an effort to improve cell phone accessibility. This week, 11 customers from across the United States filed complaints with the Federal Communications Commission (FCC), which enforces Section 255, the law that requires phones to be designed to be accessible for people with disabilities. Complaints were filed against both the cell phone carriers and manufacturers.

"These complaints illustrate a market failure on the part of the cell phone industry to address accessibility," says Paul Schroeder, VP, Programs and Policy Group at the American Foundation for the Blind (AFB). "While some companies have taken steps, consumers with vision loss have few good options for accessibility, and almost no reliable information about accessibility."

There is a growing need for accessible phones given the increasing rates of vision loss, the foundation says. Experts predict that by 2030, rates of severe vision
loss will double along with the country's aging population.

For people with vision loss, finding a cell phone with a readable screen or with voice output of essential features like menus or text messages is almost impossible. Some companies, like AT&T, have taken the lead on providing accessible phones. But too often the handsets and services are not designed to be user-friendly for those who are blind or visually impaired.

Earlier this month, AFB initiated a campaign called 255 Action to help people with vision loss understand access requirements, and if necessary, file complaints. As part of that campaign, AFB sent letters to leading cell phone service providers and manufacturers asking what they are doing to meet the needs of people with vision loss.

Frequent complaints from blind and visually impaired cell phone customers include:

• cell phones do not provide for audio output of information displayed on the screen;
• the visual displays on most phones are hard to read;
• numeric and control keys are not easy to distinguish by touch; and
• product manuals or phone bills are not available in braille, large print, or other formats they can read.

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Former Telecom Owner Convicted for E-Rate Scheme

A federal jury in McAllen, Texas, convicted the former president and owner of ATE TelSolutions Inc., which does business as ATE Telecom Solutions Inc. (ATETel), on seven of nine counts of wire fraud in a scheme to defraud the federal E-Rate program, the Department of Justice announced.

Rafael Adame was convicted of submitting fraudulent applications for payment onbehalf of ATE Tel to the Federal Communications Commission's (FCC) Universal Service Administrative Company (USAC). The indictment against Adame was returned on Dec. 6, 2006.

Adame was convicted of submitting fraudulent invoices for payment to the Schools and Libraries Division of USAC from December 2001 to May 2003. As a result of the scheme to defraud the E-Rate program, Adame fraudulently obtained $106,514 in payments from USAC.

"Committing fraud upon the E-Rate program harms underprivileged school districts," says Thomas Barnett, assistant attorney general in charge ofthe Justice Department's Antitrust Division. "The Antitrust Division will continue to vigorously pursue those who cheat the competitive process and steal money from this federal program."

The E-Rate program subsidizes the provision of Internet access andtelecommunications services, as well as internal computer andcommunications networks, to economically disadvantaged schools andlibraries. The program was created by Congress in the Telecommunications Act of 1996 and is administered by USAC, a non-profit corporation, under the auspices of the FCC.

Adame owned and operated ATE Tel, a vendor that provided computer-related goods and services through the E-Rate program to various school districts, including Weslaco Independent School District in South Texas. Adame devised a scheme to defraud the E-Rate program through illegitimate invoices, which were transmitted via wire communications to USAC. On these invoices Adame entered fabricated data, such as false customer bill dates and false amounts for reimbursement. USAC then relied on this illegitimate information to transmit wire transfers for theindicated amount into ATE Tel's bank account. By making false representations on invoices filed with USAC, Adame received payments in excess of what was authorized and for work that was not actually performed.

The wire fraud conviction carries a maximumpenalty per count of 20 years in jail, and a $250,000 fine. Adame has not yet been sentenced.

The conviction resulted from an ongoing national investigation offraud in the E-Rate program. The trial and prosecution of this case wasconducted by the Antitrust Division's Dallas Field Office and the Federal Communications Commission's Office of Inspector General.

The Antitrust Division's ongoing investigation into fraud and anti-competitive conduct in the E-Rate program has yielded charges being filedagainst 14 individuals and 12 companies. Six companies and four individuals have either been found guilty at trial, pleaded guilty, agreed to pleadguilty, or have entered civil settlements. The defendants have collectively agreed to pay criminal fines and restitution totaling more than $40 million. Two of the individuals have each been sentenced to serve six years in prison.

Anyone with information concerning fraud or anticompetitive conduct inthe E-Rate program should contact the Dallas Field Office of the AntitrustDivision at +1-214-661-8600.

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Morse Code Signs Off From Ham Radio

Morse code will no longer be a requirement for earning an amateur radio (often called "ham" radio) license. In a ruling published in the January 24 Federal Register, the Federal Communications Commission (FCC) announced the elimination of testing for Morse code proficiency for all amateur radio licenses. The change will take effect February 23.

The FCC will also allow new amateurs to use more frequencies-- including those which can talk all over the world.

While many amateur or ham radio operators continue to learn and use Morse code, now it is only for their own enjoyment of the skill. Amateur or ham operators have been using newer digital, image, satellite, voice and other modern wireless technologies for years.

Originally created for the telegraph system in the 1800s, Morse code consists of dots and dashes that make up an "alphabet" that qualified operators can understand and translate into spoken languages.

The elimination of code testing signals the end of an era. Within hours following announcement that the code requirement was being dropped, ARRL, the national association for Amateur Radio, reported that requests for study materials for new or upgrading licensees more than doubled.

Eliminating Morse code testing ends a long tradition for amateur radio licensees. The FCC action follows revisions to the international radio regulations resulting from the 2003 International Telecommunication Union(ITU) World Radiocommunication Conference allowing each nation to determine whether or not to require Morse code skills for an amateur radio license.

Many local amateur radio clubs are planning to hold license testing on the night of February 22 for people who wish to take the last Morse code tests before the midnight Eastern Standard Time deadline. Others wish to be among the first to become an amateur operator or upgrade their license under the new rules.

The FCC also announced that the holders of the entry level, Technician Class, license will gain new privileges previously reserved for amateurs who had passed a Morse code exam. The new privileges will allow worldwide communication under certain conditions, but the major change is that the other two classes of amateur licenses -- General and Amateur-Extra -- no longer require Morse code proficiency. The General license provides full operating privileges except in some frequency bands that are reserved forthe Extra class operators. The change means that more amateur radio operators will be available to assist during communications emergencies such as Hurricane Katrina in 2005 when hundreds of amateurs helped plug a communications gap.


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'Speed Matters' Campaign to Press for High Speed Internet for All

The Communications Workers of America released a new policy paper as part of its "Speed Matters" campaign, a multi-million-dollar, strategic effort to help bring affordable, high speed Internet to all Americans.

The newest policy paper is available at http://www.speedmatters.org/ in the "to learn more" box. Also on that site is a speed test, to measure individual Internet speed, and other breaking news and information.

The report spotlights the critical need for a comprehensive national high speed broadband policy if the United States is to bring the benefits of the telecommunications revolution to all.

The United States, the country that invented the Internet, has fallen to 16th in the world in terms of access to high speed broadband, the union says.

CWA represents 700,000 workers in communications and information technology, media and cable, public service, health care and higher education, airlines and manufacturing.

"This is not surprising since we spend relatively less as a nation on telecommunications investment and we spend relatively more as consumers for slower speeds," the report says.

"High speed networks are the infrastructure of the 21st century and the U.S. needs a national policy to get all of us there," says CWA President Larry Cohen. "This is a critical public good and where markets are slow to deliver, we need to find ways to create financial incentives to speed up private sector build out. In addition, we need to ensure that all regions of the country have access to service -- including rural areas and urban communities. That's why we need a national public policy that will make sure that all Americans can benefit from high speed Internet and other 21st century advances."

Cohen notes that the recent announcement of the sale of Verizon landlines in northern New England was a step backward in terms of providing universal high speed Internet access for all. Consumers in Vermont, Maineand New Hampshire have, in effect, been abandoned in terms of gaining access to true high speed Internet and future technological advances,because only companies with a substantial rate of capitalization have theability to provide such services, he says.

CWA is advocating some bold, specific steps that the United Statesshould take to ensure that all residents have access to high speed Internet networks. These include:

* An increase in the Federal Communication Commission's definition of high speed, which now is just 200 kilobits per second, a fraction of what the rest of the world uses.

* Accurate mapping and data collection of exactly where the US is in terms of broadband availability and speed, so we know who does and who does not have access to high speed Internet today.

* Support for public/private partnerships to promote build out and to generate demand.

* Extending universal service requirements that now apply only to voice telephony to Internet services.

* Preserving an open Internet, so that all consumers can go where they want, when they want.

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