ࡱ> RTQq` JbjbjqPqP 1`::B%4448l4Y"$hw M_4)0Y#T##<,pY44 Telecommunications forum: Draft issues list This list is based on the recommendations contained in the report on accessible telecommunications received by HREOC in June, "When the Tide Comes In: Towards Accessible Telecommunications for People with Disabilities in Australia". HREOC has accepted the first of those recommendations - to convene a high level forum on accessible telecommunications. HREOC has not yet formed a concluded view on other recommendations but hopes to arrive at agreed positions on issues raised in those recommendations at the forum and in discussions leading up to it , including after considering results of processes already ongoing in this area, and in further processes which might follow from there. Each issue listed is accompanied by names of organisations who are invited to provide short written responses such as issues papers or discussion papers. It is not expected that all respondents will have a formal policy or position to state. Provision of draft papers in confidence to HREOC in advance of the forum would greatly assist in planning the forum and ensuring its effectiveness. Responses or proposals from other participants are also welcomed on any related issues. Joint papers would be particularly welcome. Overview of DDA coverage of issues HREOC to provide background paper Text telephony References: When the Tide Comes In Recommendations 9, 10, 11, 12, 18 Papers invited: ACIF (to report on progress through Any to Any Text Connectivity working group including as possible model for work on other issues) , ACE (including relationship of hub concept to text connectivity) Expansion of telecommunications disability standard References: When the Tide Comes In Recommendations 13, 14, 15 Papers invited: ACA, ACIF (including processes and views on regulation and alternatives) Disability equipment program/s: References: When the Tide Comes In Recommendations 7,8 Papers invited: Carriers/ACIF (noting that DDA implications and HREOC interest are principally in extent of access to equipment rather than who provides it) Expansion of section 593 consumer grants program Reference: When the Tide Comes In Recommendation 6 Papers invited: DCITA, (including possibilities for support for participation in particular processes as well as more general grants program issues) Disability impact analysis for changes in technology Reference: When the Tide Comes In Recommendation 16 Papers invited: Joint paper by ACIF and ACA (including possible auspicing and status -regulatory or voluntary based - for process) Research and development References: When the Tide Comes In Recommendations 3, 25 Papers invited: DCITA, Telstra SMS pricing for deaf users Reference: When the Tide Comes in Recommendation 17 Proposals invited from carriers on SMS pricing plans Mobile telecommunications action plan Reference: When the Tide Comes In Recommendation 20 Paper / proposal invited: AMTA Videotelephony for Auslan users Reference: When the Tide Comes In Recommendation 21 Paper invited: Broadband carriers; AMTA (noting that technology is not yet mature but that it may be desirable to look ahead in this area) Public payphone accessibility and TTY payphones References: When the Tide Comes In Recommendations 22,23 Papers invited: ACA to report on current review process; Telstra (including on available research) Private payphone accessibility Reference: When the Tide Comes In Recommendation 24 HREOC to provide paper on other relevant standards processes; ACIF DAB Possible future role of forum Reference: When the Tide Comes In Recommendation 1 Participants to consider at conclusion of forum Issues outside scope of forum A number of issues raised in "When the Tide Comes In", although important, do not appear appropriate for consideration within the Forum, being able to be advanced through other processes and/or raising issues which go beyond the telecommunications area in their scope. In particular HREOC intends to raise directly with government the issues raised in recommendation 2 (broadening the Copyright Act exemption for Radio for the Print Handicapped programming to include internet streaming) and recommendation 5 (inclusive public procurement policies based on section 508 of the United States Rehabilitation Act), has commenced and will continue discussions directly with the Telecommunications Industry Ombudsman regarding appropriate co-operation and information on disability related complaints (recommendation 4); and will monitor and report on ongoing developments through the United States regulatory regime (recommendation 19). Attachment: When the tide comes in recommendations Recommendation 1: Accessible telecommunications forum That HREOC should convene a high-level Accessible Telecommunications Forum comprising representatives of policy and regulatory agencies, carriers and carriage service providers, equipment suppliers and consumers with disabilities. The purposes of the Forum might be: A) Examine the recommendations made in this discussion paper and, if considered appropriate to do so, develop strategies for their implementation; B) Monitor overseas trends of telecommunications policy, regulation and services, and identify examples of world's best practice that may be applicable in Australia; C) Maximise the accessibility of future telecommunications products, services and equipment for people with disabilities in Australia, by ensuring that accessibility is built into the design of new services and equipment, and that barriers such as affordability are removed; and D) Examine other issues, not covered in this paper, raised from time to time by government, industry or consumer representatives. Recommendation 2: Broadening copyright exemption for RPH programming That HREOC, with advice from the Australian Council for Radio for the Print Handicapped, should discuss with the Attorney General's Department and DCITA amendment of Section 47A of the Copyright Act 1968, to extend the blanket exemption for specially licensed RPH stations to include Internet streaming as an delivery medium in addition to regular AM/FM broadcasts. Recommendation 3: Telecommunications carrier industry development plans That HREOC should consider holding discussions with DCITA to review the purposes and effectiveness of the disability-related provisions in Schedule 1 of the Telecommunications Act 1997 which cover Telecommunications Carrier Industry Development Plans. Recommendation 4: HREOC and TIO disability-related complaints That HREOC should consider meeting with the TIO to compare trends in complaints that involve people with disabilities and telecommunications, in order that the two agencies can provide advice to disability advocates and consumers generally about HREOC or DDA complaints. Recommendation 5: Inclusive public procurement policy That HREOC should initiate discussions with the Department of Finance and Administration, and with other relevant organisations, towards an inclusive Federal Government public procurement policy, modeled on Section 508 of the Rehabilitation Act in the United States. Recommendation 6: Expansion of Section 593 consumer grants program That HREOC should consider holding discussions with DCITA towards achieving an expanded telecommunications consumer representation grants program. The expansion should focus on: greater support for the main recipient organisations, rather than spreading the funds more thinly; a substantial increase in program funds; and a three-year funding cycle with annual acquittals to give greater security to recipient organisations. Recommendation 7: Expansion of current disability equipment programs A) That the telecommunications legislation be examined, and modified if necessary, to ensure that mobile phone networks and future access networks are accessible to people with disabilities. B) That the Telstra and Optus Disability Equipment Programs should be expanded to include mobile phones and required accessories at equitable rates. C) That Vodafone and other CSPs offering mobile communications should provide DEP access to their customers at equitable rates, either by establishing their own programs or by wholesale arrangements with Telstra or Optus. Recommendation 8: Consolidated disability equipment program That HREOC should meet with ACA and DCITA, and with representatives of consumers with disabilities and the telecommunications industry, to determine the most appropriate auspicing basis and operating arrangements for a consolidated telecommunications equipment program to secure equitable access by persons with disabilities to the full range of telecommunications services. Recommendation 9: Industry code on text telephony That HREOC should encourage ACIF to draft an Industry Code supporting any-to-any text connectivity in Australia, and provide advice to ACIF to ensure that the Code is comprehensive in addressing the specific needs of persons who are Deaf or who have other disabilities including people who use VCO or HCO and people who are deafblind using Braille. The Code would allow retention of current TTY or other text telephones, whilst fostering the development of new text telephones using flexible modems. Recommendation 10: Scott v. Telstra remedy review That HREOC should consider whether to initiate discussions between the parties in the Scott v. Telstra and related complaints concerning the appropriateness of the remedy to give Deaf people TTY-based text connectivity; having regard to new telecommunications technologies and networks, increased community expectations for anywhere, any time and anyone telecommunications, and the limited technical capability of the Baudot-50 TTY modem. Recommendation 11: Mobile text telephony research and development That HREOC, as a matter of urgency, in consultation with DCITA and the ACA, should encourage research and development in Australia to enable TTYs and other text telephones to work over the GSM and CDMA networks. Research must include user testing as an integral component, to ensure that outcomes are user friendly as well as technically sound. Recommendation 12: Communications hub implementation - first stage That an upgrade of NRS hardware and software based on V.18 and CTM text modems should be encouraged by appropriate funding arrangements, to enable the NRS to facilitate interworking between otherwise incompatible text telephone protocols. Recommendation 13: Telecommunications disability standard That HREOC should consider providing advice to the ACA on the benefits, for both the telecommunications industry and consumers with disabilities, of a more comprehensive Section 380 telecommunications disability standard to replace S040:2001; and, if work begins, provide advice on the text of a disability standard that would maximise certainty for the telecommunications industry in meeting DDA obligations to minimise discrimination. Recommendation 14: Section 407 amendment That the ACA and DCITA should give consideration to advising the government that Section 407 of the Telecommunications Act 1997 should be amended to facilitate the development by ACA of a compliance regime for telecommunications disability standards made under Section 380 of the Act. Recommendation 15: Any proposed specification being consistent with the DDA That HREOC should consider providing advice to ACA on the preferred form and scope of any proposed accessible customer equipment specification, such that its content would meet the minimum requirements of a disability standard under the DDA. That is, the specification would increase certainty by clearly setting out the rights of individuals and the responsibilities of organisations under the DDA. Adoption of the specification, and development of an action plan for its compliance, might then enable a carriage service provider or equipment supplier to seek a Temporary Exemption under the DDA. Recommendation 16: Disability impact analysis for changes in technology That HREOC should consider holding discussions with the ACA to develop a regime so that: A) Whenever a new network technology is proposed for introduction into Australia, and a new class of customer equipment is required for its access; or B) Whenever a network technology is proposed to be removed, there shall be a disability impact analysis to assess the impact of the change in technology on people with disabilities. Recommendation 17: SMS charges That HREOC should consider convening discussions with AAD, Deafness Forum and industry representatives concerning the price of SMS calls for people who are deaf or hearing/speech impaired. The purpose of discussions would be to review SMS charges as compared with the cost of voice calls, whilst having regard to the objective of the DDA to ensure non-discriminatory access to goods, services and facilities by requiring reasonable adjustments unless an unjustifiable hardship would result. Recommendation 18: Text-based access to the Emergency Call Service That HREOC should give consideration to matters around the right of equitable access by Deaf people and people with hearing/speech impairments to the Emergency Call Service, particularly access from mobile phones, having regard to the Objects of the DDA and the responsibilities conferred on Standard Telephone Service providers. Recommendation 19: Mobile phone accessibility That HREOC should monitor the progress of the first formal complaint brought by Dr Bonnie O'Day before the FCC in the United States under Section 255 of the Telecommunications Act 1996, and should prepare a briefing note for the telecommunications industry and consumer advocates in Australia when the FCC determination is made. Recommendation 20: Mobile telecommunications action plan That HREOC should encourage the Australian Mobile Telecommunications Association (AMTA) to work with the ACA and consumer representatives to develop an industry action plan for mobile telecommunications that would set benchmarks for best access practices to be adopted by the industry, including: mobile phone design, features, information and pricing plans. Recommendation 21: Funding arrangements for accessible video telephony That HREOC should discuss with DCITA the need for research to develop costing models and funding arrangements that would ensure affordability of videotelephony for Deaf people using Auslan. Recommendation 22: Public payphone accessibility That HREOC should hold discussions with the ACA and ACIF towards development of an industry code on public payphone accessibility, which, if compliance was demonstrable, may support an organisation wishing to obtain a temporary exemption under the DDA concerning public payphones. An Accessible Payphones Industry Code could cover items such as: access and location; phone operation; using credit cards and phone cards; coin insertion and retrieval; shortcut keys and direct lines; audio/visual display; phone keypad; security and privacy; installation and maintenance; and operating instructions. Recommendation 23: Action plan for TTY payphones That HREOC should convene discussions between Telstra, Deafness Forum and AAD to develop a TTY payphone installation plan, with the objective of meeting the demands of AAD for more TTY payphones and clarifying with Telstra its duty under the DDA as the universal service provider. Recommendation 24: Private payphone accessibility A) That HREOC should provide advice to Standards Australia and consumer advocates on upgrading Australian Standard AS1428 "Design for access and mobility", to ensure that the specifications relating to payphones are commensurate with disability consumer and telecommunication industry requirements. B) That HREOC should discuss with DCITA and consumer advocates possible solutions, including legislative, relating to the installation and siting of private payphones. Recommendation 25: Research and development grants program That the Government should establish a competitive grants program to support innovative research and development in the field of accessible telecommunications in Australia. The program might have the purposes of capturing benefits of new technology, research and development of accessible customer equipment, solving access problems associated with new technology or network services, identifying and demonstrating examples of international best practice in specialised services, and assessing the potential of multimedia communication products and services. Recommendation 26: Contributing to the World Summit on the Information Society That HREOC should consider holding discussions with the ACA and NOIE with a view to influencing Australia's contribution to the World Summit on the Information Society, specifically towards: barrier-free, video-based communication by Deaf people; affordable, telecommunications-based access to talking books by blind people; and the removal of copyright barriers that limit international access to Braille, talking books and documents/information in other specialised formats.     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