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By Paul Kirby
paul.kirby@wolterskluwer.com
TR Daily, October 4, 2007
Several advocates for the disabled say a number of complaints have been filed at the FCC against wireless handset makers and carriers, including against Apple, Inc., manufacturer of the recently released iPhone and AT&T, Inc., which has an exclusive contract in the U.S. to support the device.
The complaints are part of a broader initiative that disability-rights groups have launched to make the FCC aware that many wireless devices aren’t compatible to those with visual, hearing, and other disabilities, the advocates say.
Representatives of the Coalition of Organizations for Accessible Technology, which was formed in March, have announced the filing of multiple complaints.
“We remain puzzled why the services providers are not insisting on more usability from the device manufacturers, particularly as many of these needs also pertain to America’s aging population and the product life cycle is short,” Jenifer Simpson, senior director-telecommunications policy at the American Association of People with Disabilities, told TRDaily. “The Section 255 law was passed in 1996, the regulations went into effect in January 2000. Here we are 11 years later, and people are still complaining about and asking for simple achievable ‘fixes’ that most of us believe could be incorporated in at the design and development stages, as the law requires.”
Ms. Simpson said fewer than 10 members of her group have filed section 255 complaints, including at least four concerning the iPhone, but she said “we have had many inquiries and believe that there are at least 20 other individuals, both at AAPD and other disability organizations, who are preparing similar complaints and intend to file soon also.”
The complaints filed so far have been from people with vision loss, hearing loss, and other physical disabilities, or a combination of disabilities, she said. A chief complaint from those with vision loss concerns the difficulty of reading the wireless device’s screen and navigating through menus, and the lack of an “audio output,” Ms. Simpson said.
Advocates for people with hearing loss have complained about the iPhone’s lack of accessibility to people with hearing aids and cochlear implants, according to Brenda Battat, associate executive director for the Hearing Loss Association of America. She told TRDaily that members of her group filed two complaints concerning the iPhone.
Paul Schroeder, vice president-programs and policy group at the American Foundation for the Blind, said members of his group have filed 14 complaints with the FCC alleging that carriers and mobile phone manufacturers have violated section 255. None of the complaints has targeted the iPhone, he said.
Ms. Battat and Mr. Schroeder said they have had discussions with Apple and AT&T representatives about the iPhone since it was introduced. “They have certainly been willing to discuss items with us, but they have not made any promises,” Mr. Schroeder said. Ms. Battat gave Apple credit for taking the meetings, but said the company should have addressed such concerns before it rolled out the iPhone. She said she hopes the company will ensure that future versions of the device comply with section 255.
However, the iPhone would apparently be exempt from the FCC’s hearing-aid compatibility rules. That’s because it falls under a de minimis provision that excludes from the rules device makers that offer two or fewer digital handsets.
“This is going to come back to haunt us,” Ms. Battat said of the exception. “It’s going to be interesting to see how this plays out.”
Spokespersons for Apple and AT&T did not return multiple requests seeking comment. CTIA says the industry works to ensure that the products it sells are accessible to people with disabilities.
Copyright © 2007, Telecommunications Reports International, Inc.
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