When the Tide Comes In: Towards Accessible Telecommunications for People with Disabilities in Australia
When the Tide Comes In: Towards Accessible Telecommunications for People
with Disabilities in Australia
A discussion paper commissioned by the Human Rights and Equal Opportunity
Commission
William Jolley, Chief Consultant
Jolley William & Associates
wjolley@bigpond.com
June 2003
Executive Summary
Australia has a modern and competitive telecommunications industry. Universal
access is envisaged for all Australians, wherever they reside or carry
on business, to the standard telephone service and to payphones. Australia's
telecommunications network is modern and efficient, and customers have
a variety of means for telecommunications: fixed telephones, terrestrial
or satellite wireless phones, and access to the Internet. A strong feature
of the telecommunications system in Australia is universal geographic
accessibility, but the situation for people with disabilities facing barriers
of accessibility and affordability is not so positive.
Australia shares a common telecommunications heritage with many other
countries, a government-owned monopoly building the telephone network
and providing telephone services to residential and business customers.
Over the past two decades the analogue-based telephone network has evolved
into a sophisticated set of interconnected digital networks supporting
a variety of analogue and digital customer access terminals and technologies.
At the same time the government owned monopolistic service system has
largely given way to a multitude of business enterprises competing in
the carriage and delivery of telecommunications services.
The Telecommunications Act 1997 regulates the telecommunications industry
- carriers and carriage service providers - and the Telecommunications
(Consumer Protection and Service Standards) Act 1999 aims to promote the
interests of consumers and achieve equitable service access across Australia.
The Australian Communications Authority administers telecommunications
legislation and regulations and monitors performance; the Australian Communications
Industry Forum is the industry owned and managed self-regulation body,
which develops industry codes and standards; and the Telecommunications
Industry Ombudsman resolves complaints from residential and small business
telecommunications consumers. Telstra is Australia's current 'default'
Universal Service Provider, and is judged to have made substantial efforts
to make services and equipment accessible to people with disabilities;
but this outreach has largely been confined to the Standard Telephone
Service and payphones, despite the huge growth and social importance of
both mobile telephony and the Internet.
The Disability Discrimination Act 1992 (DDA) aims to eliminate discrimination
as far as possible against people with disabilities and their associates
in most areas of daily life including the provision of goods, services
and facilities. The law is administered by the Human Rights and Equal
Opportunity Commission (HREOC). During the community consultations leading
up to enactment of the DDA, and since that time, concerns about inequitable
access to telecommunications have featured prominently. The current telecommunications
legislation refers back to the DDA in several instances as the benchmark
on the right of access by people with disabilities to telecommunications
equipment and services.
The decision in the Scott v. Telstra DDA complaint confirmed the right
of access by Deaf people to telecommunications, and people who are deaf
or who have hearing/speech impairments are now provided with TTY text
telephones at equitable rental rates from Telstra and Optus. The TTY used
in Australia works well over the analogue Customer Access Network, but
does not work with digital network interfaces. The TTY does not work over
the GSM or CDMA cellular networks, from behind the analogue/digital interface
of many switchboards, and with emerging network access technologies such
as Wireless Local Loop. The opportunities for real-time text connectivity
for Deaf people and people with hearing/speech impairments are decreasing,
whilst community expectations for anywhere, any time communication are
rapidly increasing. SMS has been a boon for people who rely on text communication
but it is relatively expensive, does not give real-time communication,
and is without any guarantee of service quality.
HREOC has recognised that people with disabilities continue to face access
barriers for telecommunications, and that with new technologies and services
a new set of challenges and opportunities will arise. Accordingly HREOC
has commissioned this discussion paper which:
- Describes telecommunications technology and services in Australia;
- Describes the current Australian telecommunications legislative and
regulatory environment; - Describes the involvement of a range of stakeholders including organisations
representing consumers with disabilities; and - Discusses major access issues faced by people with disabilities.
This discussion paper identifies strategies to remove barriers and enhance
accessibility for people with disabilities across the full range of telecommunications
services. It contains twenty-six specific recommendations, many of which
are directed to HREOC for its preliminary consideration and subsequent
action or referral to other organisations. Their purpose is to focus attention
on specific issues, many of which require urgent attention. It does not
cover all issues of concern to people with disabilities in using equipment
to access telecommunications services, and it does not attempt to address
all aspects of complex and evolving issues.
The paper describes overseas developments and refers to research, guidelines
and standards. There are some excellent guidelines for accessible telecommunications
equipment published by the Access Board in the United States; there is
some very good work of research co-ordination and analysis carried out
by COST219bis in Europe; and there is the Section 508 public procurement
law in the United States that brings the promise of accessible electronic
and information technology for Federal employees with disabilities and
members of the public with disabilities who use Federal government services.
Section 508 may have beneficial flow-on effects worldwide, so its replication
in Australia should be carefully considered.
If we look back at developments in Australia since the DDA was introduced
and a new regulatory regime for telecommunications was adopted, we can
observe that a great deal of progress has been made. However, many solutions
are technology-specific. As technologies change and new services evolve,
it becomes necessary to revise our approach. One example is any-to-any
text connectivity. The any-to-any concept is well understood and widely
implemented for voice communications, the ability to call any other telephone
user on any network from anywhere at any time. But people who rely on
text communication, do not enjoy the benefits of any-to-any communication
that society takes for granted. Any-to-any text connectivity for Deaf
people, and for people with hearing/speech impairments, emerged as a major
issue during the consultations which informed this paper, and all stakeholders
are encouraged to work earnestly and collaboratively to solve the problem
quickly.
Another set of issues surrounds the question of standards or guidelines
- a means of dramatically improving the availability of telephones which
are usable by people with disabilities. This also relates to the need
for modifications and adaptations to telephones, the demand for which
could be dramatically reduced if manufacturers adopted inclusive design
principles. In turn this would lighten the load on disability equipment
programs, which consumer advocates criticise because the range of products
is too limited and because reliance on special equipment restricts consumer
choice among telecommunications services.
As we reflect on the past we should learn from it, celebrating successes
and not dwelling on failures; and as we confront the present, let us meet
the challenges and embrace the future. As the Australian community rides
the waves of advancing telecommunications technology - culminating in
broadband, wireless, multimedia, personal and business communication -
we should pause to reflect, energise and ensure: That people with disabilities
enjoy barrier-free telecommunications access when the tide comes in.
List of 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.
