DEAF WATCH NEWSLETTER---- MAY - 1999 Greetings! Happy May Day! Richard Roehm ************************************************************* COMMON CARRIER BUREAU OUTLINES DATES FOR HEARING AID COMPATIBILITY COMPLIANCE FOR TELEPHONE EQUIPMENT By this Public Notice, the Common Carrier Bureau reminds telephone manufacturers that all telephones, including cordless telephones, manufactured in the United States (other than for export) or imported for use in the United States, must have a volume control feature consistent with the technical standards in 47 C.F.R. § 68.317 by January 1, 2000. See 47 C.F.R. § 68.6. In addition, the Common Carrier Bureau outlines the previous and upcoming dates for hearing aid compatibility compliance for telephone equipment, as set forth in Part 68 of the Commission's rules, 47 C.F.R. Part 68. Examples of entities and parties that may be affected by these dates include telephone manufacturers, hospitals, nursing homes, hotels/motels, and employers. The Hearing Aid Compatibility Act of 1988 ("HAC Act") requires the Commission to ensure that all "essential" telephones are hearing aid compatible. See 47 U.S.C. § 610. The statute defines "essential" phones as "coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids." See 47 U.S.C. § 610(b)(4)(A). Under the Commission's rules, "telephones provided for emergency use" include workplace telephones, telephones in confined settings (such as hospitals and nursing homes), and telephones in hotel and motel guest rooms. See 47 C.F.R. § 68.112(b). Secure telephones, as well as telephones used with public mobile services or private radio services, are exempt from the requirements of the HAC Act. See 47 U.S.C. § 610(b)(2)(A). As defined by 47 U.S.C. § 610(b)(1)(B), a telephone is hearing aid compatible if it has an internal feature that allows the use of hearing aids designed to be compatible with telephones that meet the technical standards codified at 47 C.F.R. § 68.316. This is usually accomplished by inserting a telecoil in telephones that detects, or is compatible with, a similar telecoil in the hearing aid, and thus allows the hearing aid to "couple" with the telephone through an electromagnetic field. The following are the published deadlines for compliance with the Commission's hearing aid compatibility rules: Manufacturers: The Commission began its implementation of the HAC Act by requiring that all telephones, except for telephones used with public mobile services or private radio services, and cordless and secure telephones, manufactured in the United States (other than for export) or imported for use in the United States be hearing aid compatible by August 16, 1989. See 47 C.F.R. § 68.4(a)(1). In addition, all credit card-operated telephones, whether located on public property or in a semipublic location, were required to be hearing aid-compatible by May 1, 1991 or when replaced, whichever came sooner. See 47 C.F.R. § 68.112(b)(4). Furthermore, cordless telephones manufactured in the United States (other than for export) or imported for use in the United States were required to be hearing aid compatible by August 16, 1991. See 47 C.F.R. § 68.4(a)(1). All registered hearing aid-compatible phones, including cordless telephones, manufactured in the United States (other than for export) or imported for use in the United States were required to be permanently affixed with the letters "HAC" as of April 1, 1997. See 47 C.F.R. § 68.300(c). Hotel and Motels: Beginning on October 23, 1996, if a hotel or motel guest room is to be renovated or newly constructed, or a guest room telephone is to be substantially and internally repaired, then the telephone for that room must be hearing aid compatible, including being equipped with volume control on or after January 1, 2000. See 47 C.F.R. § 68.112(b)(6)(i). By April 1, 1997, at least twenty percent of a hotel or motel's guest rooms were to be equipped with hearing aid compatible telephones. See 47 C.F.R. § 68.112(b)(6)(ii). The Commission has ruled that all telephones in hotels and motels must be equipped with hearing aid compatible technology by November 1, 1998, for establishments with eighty or more beds, and by November 1, 1999, for establishments with fewer than eighty beds, unless the telephones have been purchased between the period from January 1, 1985, through December 31, 1989. See 47 C.F.R. § 68.112(b)(6). Telephones in hotels and motels, and in any other establishment open to the general public for the purpose of overnight accommodation for a fee, with fewer than eighty guest rooms, will be required to have all hearing aid compatible telephones by November 1, 1999 unless the telephones were purchased during the period January 1, 1985, through December 31, 1989. See 47 C.F.R. § 68.112(b)(6). If purchased during the period January 1, 1985, through December 31, 1989, the telephones in at least twenty-five percent of the guest rooms must be hearing aid compatible by November 1, 1999. See 47 C.F.R. § 68.112(b)(6)(iii)(B). Hotels or motels with eighty or more guest rooms that purchased telephones during the period January 1, 1985, through December 31, 1989, have until January 1, 2001 to provide hearing aid compatible telephones to one-hundred percent of its guest rooms. See 47 C.F.R. § 68.112(b)(6)(iii)(C). Hotels with less than eighty guest rooms have until January 1, 2004 to comply with this requirement. Id. Workplace: All non-common area workplace telephones must be hearing aid compatible by January 1, 2000, except for those telephones located in establishments with less than fifteen employees; and except for those telephones purchased between January 1, 1985, through December 31, 1989, which will have until January 1, 2005 to be replaced with hearing aid compatible telephones. Non-common areas include private offices, work stations, and mail rooms. See 47 C.F.R. § 68.112(b)(3). Employers with fifteen or more employees, however, must provide, during the period from October 23, 1996, until the applicable date of January 1, 2000 or 2005, telephones for emergency use by employees with hearing disabilities. See 47 C.F.R. § 68.112(b)(3)(v). Confined Settings: Establishments, such as hospitals, residential health care facilities for senior citizens, and convalescent homes, with fifty or more beds, were required to have hearing aid compatible telephones in patient rooms by November 1, 1997. See 47 C.F.R. § 68.112(b)(5)(i)(A). Establishments with fewer than fifty beds were required to have hearing aid compatible telephones by November 1, 1998, unless the telephone was replaced before that time. See 47 C.F.R. § 68.112(b)(5)(i)(B). Copies of the Commission's rules may be obtained from the International Transcription Service (ITS), 1231 20th Street, N.W., Washington, D.C. 20036, (202) 857-3800, TTY (202) 293-8810. Alternative formats (computer diskette, large print, audio cassette, and Braille) are available to persons with disabilities by contacting Martha Contee at (202) 418-0260, TTY (202) 418-2555, or at mcontee@fcc.gov. This Public Notice can be downloaded at: http://www.fcc.gov/dtf/ and frequently asked questions regarding HAC and volume control can be downloaded at: http://www.fcc.gov/Bureaus/Common_Carrier/FAQ/faq_hac.html. For further information contact Marilyn Jones at (202) 418-2357, majones@fcc.gov, or Debra Sabourin at (202) 418-0976, dsabouri@fcc.gov, of the Common Carrier Bureau, Network Services Division, TTY Number: (202) 418-0484. (From USA-L News) ************************************************************* DEAF WATCH NEWSLETTER TO FARM DEAF CANDIDATES FOR PUBLIC OFFICE We have acquired a limited number of Governet campaign management software CD's for free distribution to people with hearing disabilities who are considering running for public office. This software handles many aspects of campaign management. Also included in the free CD is the Microsoft Internet Explorer 4.0 browser and the Adobe Acrobat 3.0 Reader. System requirements : Windows 95 on a minimum 486 processor with at least 16 megabytes of RAM. If you are interested in this free campaign management software, send a self addressed 9" by 6" or similar sized envelope with a minimum of 77 cents postage affixed. Send to: Deaf Watch Newsletter, c/o Richard Roehm, 1001 N. French #4, Santa Ana, Ca, 92701-3769 ************************************************************* DETROIT BLACK DEAF ADVOCATES TO HAVE 15TH ANNIVERSARY FOUNDERS DAY EVENT The purpose of the Detroit Black Deaf Advocates is to advocate for the needs of Black Deaf people in or around Detroit. The organization is open to all, black, white, deaf hearing. We wish to encourage cultural diversity within the deaf community, toward this purpose we are issuing the following invitation: Detroit BDA wishes to invite you all to our: 15th Anniversary - Founders Day Black Tie Program Saturday, May 8, 1999 6:00 - 12:00 University of Mercy Detroit Ward Conference Center 8200 West Outer Drive Detroit, MI $45 Senior Citizen Member $50 Member $55 Nonmember - Non member Senior Citizens $90 Couple Members Tickets must be purchased by May 4, 1999 from a member or mail your checks payable to: Detroit BDA P.O. Box 32348 Detroit MI 48233 Cost of ticket includes: Free admittance into workshop Saturday morning at Northwest Activities Center 8:30 AM, Banquet, program, and after dinner dance. Saturdays workshop will focus on black deaf history and culture. Pam Baldwin from DC will lead the workshop ************************************************************* SURVEY ON DEAF FINANCES YIELDS SURPRISING RESULTS We have just completed a little study on the different finances available to deaf people in different areas of the world. The International deaf participants were, in alphabetical order: Henri Corderoy du Tiers -- Paris, France; Raymond Lee -- London, England; Bernard LeMaire from Brussels, Belgium; and Antonio Martinez from Barcelona, Spain. Two questions were asked for the survey. 1.) How much money does an unemployed deaf person receive from the government in your country?... and, as an example... 2.) Could a person who earns about $1,198.00 in American money (not taxed by the other government) live in your city? Here are the responses, converted to American dollars, for convenience... 1.) In the United States, in CALIFORNIA ONLY, the amount of SSI government benefit is $670.00 for an unemployed deaf person. In Los Angeles, the rent for a "room" (single, bachelor) apartment is between $550.00 - $650.00. This leaves almost no money at all for food, clothing, utilities, transportation, or any other expenses. In the other states of the United States, the amount for SSI for a deaf person is around $350-$400 per month, with extra "Food Stamps" coupons (not cash) given for the person to buy food only. This leaves no money for a person to get an apartment, or for any other costs, unless they go to work. In the United States, if a deaf person receives government benefits, and lives with their parents or other people to save money (does not contribute to the household expenses equally), then the SSI benefits are reduced by 1/3. 2.) In Belgium, the government benefit for an unemployed deaf person is 44,500 FEB, or $1,194.03. The deaf person can get some additional benefits, too. The rent for an apartment in Brussels is 17,000 FEB, or $456.12. This leaves $737.91 per month for food and other costs of living. 3.) In France, the government benefit for an unemployed deaf person is 4,000 FFR, or $660.01. The rent in Paris, for one room in a house, for example, is between 2,000-3,000 FFR, or $330.02 - $495.03. This leaves between $164.98-$329.99 for food and other costs of living. 4.) In Spain, the government benefit for an unemployed deaf person is 30,000 Spanish pesetas, or $195.17. The government gives a very small benefit, plus additional training so the deaf person can then find a regular job as soon as possible. The rent in Barcelona is very low, and a person who earns about $1,000 per month can live anywhere in Spain, except for the highest-cost areas. The person receiving only government assistance, however, needs to still get a job to pay the regular costs of living. 5.) In London, the basic government benefit is $308, plus an additional "disabled assistance" of $530 = $830.00. The deaf person receiving these benefits can also work a little, under limitations of income, to bring the monthly amount up to around $880.00. The rent in London for a single apartment is usually between $384.00 - $480.00 per month. Rent in the higher-class areas, such as Kensington, is around $768.00 per month. For a person getting only the government assistance, and not working, this would leave between $350.00 - $446.00 for costs of living. *********************************************** RESULTS OF SURVEY... 1.) BRUSSELS, BELGIUM: After paying for rent, a deaf person would have $737.91 left for other daily living expenses. 2.) LONDON, ENGLAND, UK: After paying for rent, a deaf person would have between $350.00 - $446.00 left for other daily living expenses. 3.) PARIS, FRANCE: After paying for rent, a deaf person would have between $164.98 - $329.99 for other daily living expenses. (This may not be enough to pay for all of the daily living expenses for one month). 4.) UNITED STATES (LOS ANGELES, CALIFORNIA): After paying for rent, a deaf person would have $20 - $120 for other daily living expenses. (This is not enough to pay for even the most basic daily living expenses for one month). 5.) UNITED STATES (OTHER STATES), and also BARCELONA, SPAIN: A deaf person would not have enough money to pay for rent or daily living expenses, from the government benefits alone. In these areas, the unemployed deaf person is in the same financial situation as an unemployed hearing person. (Via Paulette Caswell) ************************************************************* ORANGE COUNTY DEAF ADVOCACY CENTER BREAKS THE PRICE BARRIER FOR HOTEL AND MOTEL ACCESS KITS FOR GUESTS WITH HEARING DISABILITIES The Americans with Disabilities Act (ADA) require hotels and motels make reasonable accommodations for their guests with hearing disabilities. Hoteliers oftentimes balk at the costs of equipment used in accommodating their guests with hearing disabilities. That's because the prices of the access kits that have been on the market in the past 7 years have been sky high! Orange County Deaf Advocacy Center has developed a very low cost ADA compliant kit that contains a telephone device for the deaf (TDD), door and telephone signal assemblies, telephone amplifier, and a smoke detector with a strobe signal. The full price of $260.00 for our Brown Bag Kit I is incredibly low comparing to other kits that are on the market which start at $580.00! Therefore the Orange County Deaf Advocacy Center's Brown Bag kits are helping eliminate the cost barriers that get in the way of placing the welcome mat to over 25 million guests with hearing disabilities. Breaking the price barrier, the Brown Bag kits make the Orange County Deaf Advocacy Center the leader in helping hoteliers accommodate their guests with hearing disabilities. Brown Bag Kits and other products by our volunteers and clients can be found at this location http://www.deafadvocacy.com/product.htm Orange County Deaf Advocacy Center has a website at http://www.deafadvocacy.com that explains it's mission, services, and provides valuable resources. For additional information, contact Richard Roehm at 714-542-7142 or via email at Deaf@activist.com ************************************************************* RESOURCE OF THE MONTH: May is when we honor and respect workers all around the globe. This is when we respect people who do the dirty work for their bosses. This is when we respect laborers, miners, food service workers, teachers, automakers, and other blue collar workers. This month we honor a Deaf Union group! United Auto Workers Local 594 has gone the big step for workers with hearing disabilities by producing a website where all workers can interact with workers with hearing disabilities. The most important tool of this site is the Message Center, which allows members to contact and share the important issues needed for improved work life quality and safety. Hearing Impaired UAW Members http://www.uawlocal594.com/hi/index.htm ************************************************************* Disability Lawsuit List. The United States Supreme Court has ALREADY begun it's extensive review of the Americans With Disabilities Act with the four cases below. ----Olmstead v. L.C., No. 98-536 The issue in this Americans with Disabilities Act (ADA) case is whether Title IIA of the ADA, 42 USC s 12132 requires states to provide treatment for the mentally disabled in community placement, when treatment can also be provided to them in a state hospital. L.C. and E.W. were placed in Georgia Regional Hospital-Atlanta due to their mental illness and retardation. L.C. was eventually placed in a residential community program. E.W., however, has remained in the state hospital because of a lack of state funds to transfer her to a residential community program. The court below: 1) held the ADA prohibits confining disabled individuals in a state run hospital when the individual could be treated in a more integrated community and, 2) remanded the case to determine whether requiring a state to make additional expenditures in order to move patients to community placement would fundamentally alter the state-run service. ----Murphy v. United Parcel Service, No. 967-1992 The plaintiff in Murphy v. United Parcel Service, No. 967-1992, to be argued on April 27, is a truck driver whose high blood pressure is controlled with medication. He sued under the disability law after his employer dismissed him, and is now appealing a ruling by the 10th Circuit Court of Appeals in Denver. The court, viewing his condition in its medicated state, concluded that he was not a person with a disability and was not entitled to sue. ----Sutton v. United Air Lines, No. 97-1943 On April 28, the Court will hear Sutton v. United Air Lines, No. 97-1943, a similar case in which twin sisters, both nearsighted but with vision correctable to 20/20, were denied jobs as pilots because they did not meet the airline's requirement for uncorrected vision. The same appeals court in Denver held that they had no basis for a lawsuit because their correctable vision was not a disability. In both cases, the question is whether a disability should be assessed in its "mitigated" or uncorrected state. ----Albertsons v. Kirkingburg, No. 98-591 The final case, Albertsons v. Kirkingburg, No. 98-591, also scheduled for April 28, presents the somewhat different situation of a truck driver who sees out of only one eye but whose brain has compensated for the deficiency. The 9th Circuit Court of Appeals in San Francisco, concluding that he sees adequately but in a "different manner" from most other people, found him to be disabled and therefore entitled to sue the employer that dismissed him. The employer is appealing. ************************************************************* This month's recipient of the Deaf Watch GOLD Award. The Greater Kansas City Association of the Deaf http://members.tripod.com/GKCAD/ GREAT JOB DONE for this fine example for others! Let's give this site a round of applause and a visit! ************************************************************* Letters from readers. As many of you know, I am the attorney on the case of Bravin v. Mt. Sinai Hospital, a federal case where a judge found that a hospital acted illegally by refusing to provide a husband an interpreter to a deaf man to attend a Lamaze class with his pregnant wife. But the judge said that for us to be able to change policies and require the hospital to have interpreters, we must show that deaf people have used or are expected to use the hospital in the future. Please send this email out to everyone you think may know of a deaf person who fits into the description below. Please get me your (or their) information (name, address, tel., fax, email and related information) or that of a person you know if any of these situations apply to you: 1. You live in the general area of Mt. Sinai in Manhattan (upper 90's) or, 2. You have been to the hospital for treatment or, 3. You have any plan to be treated there or, 4. You see a doctor for a condition who is affiliated there or, 5. Your health plan is affiliated there or, 6. You have a condition and are treated at one of the related hospitals listed below: · Arden Hill Hospital - Goshen, New York · Bronx Veterans Affairs Medical Center - Bronx · Cabrini Medical Center - Manhattan · Elmhurst Hospital Center - Queens · Englewood Hospital and Medical Center - New Jersey · Greenville Hospital - Jersey City, New Jersey · Jersey City Medical Center - New Jersey · Long Beach Medical Center - Long Island · Lutheran Medical Center - Brooklyn · Maimonides Medical Center - Brooklyn · Meadowlands Hospital Medical Center - Secaucus, New Jersey · The Parkway Hospital - Forest Hills, Queens · Phelps Memorial Hospital Center - North Tarrytown, New York · Queens Hospital Center - Jamaica, Queens · Saint Francis Hospital - Poughkeepsie, New York · St. Elizabeth Hospital - Elizabeth, New Jersey · St. John's Episcopal Hospital - Smithtown, Long Island · St. John's Episcopal Hospital, South Shore - Far Rockaway, Queens · St. Joseph's Hospital and Medical Center - Paterson, New Jersey · St. Mary's Hospital - West Palm Beach, Florida · Vassar Brothers Hospital - Poughkeepsie, New York · Western Queens Community Hospital - Long Island City Your immediate response or action (by sending this email on) is required. If you want to make a difference, you can. Please respond by email to Alan J. Rich, Esq., Arichlaw@aol.com, fax: 212-893-0415, by letter to 41 East 44th St., New York, NY 10019, tel (v) 212 681-1111. Thank you. ----------------------------------------------------------- DEAF ILLITERACY IN AUSTRALIA. 82%. A new role for the World Federation of The Deaf. Applying a tally of the number of residential TTY homes listed in the Telephone Typewriter Directory together with an estimate of 27% derived from statistical data of the total TTY user population who are listed in the Directory (73% are not listed), and following the method of literacy derivation described in my letter to William Kennard, Chairman of the Federal Communications Commission (see my internet Home Page: www.deafwin.com), an estimate of 82% illiteracy among the Australian deaf is derived. This is a minimum figure; it may be higher. This illiteracy among the Australian deaf is the result of deaf education failing to teach deaf children how to read and write. Teachers are using methods of classroom English instruction which do not work, have never worked. This situation is true in the United States with 91% deaf illiteracy. It is true in all countries. METHOD OF DERIVATION Keep in mind that any deaf person in Australia can rent a TTY very reasonably from Telstra, that one must have reading and writing skills in order to use the TTY, and that many deaf people with communicative literacy refrain from having their telephone numbers published in the Telephone Typewriter Directory issued by Pacific Access Pty Ltd, hence only 27% are listed. The following are the information sources and figures I used to derive the 82% illiteracy: NATIONAL LIBRARY OF AUSTRALIA tally of TTY homes listed in the Telephone Typewriter Directory's Residential Listing (approx.)............... 2,940 27% OF ALL TTY HOMES ARE LISTED IN THE DIRECTORY. Therefore, the total number of TTY homes is.................................................... 10,889 NUMBER OF TTY USERS. Assigning a maximum of 1.7 TTY users per TTY home, the maximum estimate of the number of TTY users ( literate deaf people) is............................................... ............ 18,511 SIZE OF AUSTRALIAN POPULATION, est................................................... 18,613,087 SIZE OF DEAF POPULATION. Applying a factor of .54% (54/100 of 1%) derived by the Research Institute of Gallaudet University to the total Australian popula- tion, the estimated size of the Australian deaf population is......................... 100,511 PERCENTAGE RATE OF DEAF LITERACY. Number of literate deaf (18,511) divided by total deaf population x 100 =......................................... 18% PERCENTAGE RATE OF DEAF ILLITERACY. 100% minus 18% gives us. ............ 82% This means that 82% of the Australian deaf population does not have the English skills to make a phone call. NOTE: I INVITE ANYONE TO CHALLENGE MY FIGURES AND METHOD OF DERIVATION. With this notification of the rate of illiteracy among the Australian deaf, educators are beholden to reassess the classroom English instruction they are providing to deaf children, to understand that the methods of reading-writing instruction they are using do not work, and to respond by using new sensibly derived methods of classroom instruction in experimental programs to ascertain which methods will improve the English education of the deaf children in their charge. Should educators do nothing but continue to provide the same old English instruction which doesn't work, then Australia shall know the character of their educators. With two major conferences convening in Australia – the XIII World Congress of the World Federation of The Deaf in July 1999, and the 19th International Congress on the Education of the Deaf in July 2000, educators and administrators have the opportunity and the responsibility to be meaningfully responsive to the problem of giving deaf children the Common Language skills they need for life. These thoughts apply to educators and administrators in all countries as well as Australia for the same reasons: Educators of deaf children in all countries are not teaching deaf children how to read and write because the methods of reading-writing instructiion they are using do not work with the result that deaf illiteracy among the deaf populations the world over is deplorable and shameful. A NEW ROLE FOR THE WORLD FEDERATION OF THE DEAF Throughout its history, the World Federation of The Deaf has maintained a hands-off policy concerning the failure of educators to give deaf children reading and writing skills. The attitude of WFD officials has been and continues to be one of regarding the failure of deaf education as the problem of educators, not that of the WFD. The WFD washes its hands of any responsibility in this matter. I suggest that they abandon their do-nothing policy and make the education of deaf children their No. 1 Priority Concern which deserves their fullest attention and action. They can start by encouraging, cajoling and motivating educators in all countries to begin experimenting with new ideas and methods of Common Language instruction such as the "VOICE" method of instruction, and keep on encouraging, cajoling and motivating educators until deaf education the world over is regularly producing classfuls of literate deaf children who are communicatively fluent in the Common Language. The 21st Century demands this, and it is fully achievable. Government agencies, deaf service associations and all others concerned with the deaf condition should provide the same forceful encouragement to educators. The elimination of deaf illiteracy is achievable if productive involved action is taken not only by educators, but by all concerned. There is absolutely no reason and no longer any excuse for educators not teaching deaf children how to read and write. All wherewithal is available to them to deliver this achievement. Morton Warnow deafwin@connix.com www.deafwin.com "VOICE" TECHNOLOGY FOR THE DEAF ------------------------------------------------------------- - DEAF WATCH - Federal ID Number : 33-0765412 - Chief Editor/Editor : Richard Roehm - Orange County, California - Internet : Deaf@activist.com - Nesmuth@worldnet.att.net - ICQ #: 7389913 | Handle: SilentKnight - DEAF WATCH Http://www.deafwatch.com - Http://www.i-sphere.com/eyedeaf/deaf.htm - Visit Http://www.i-sphere.com/eyedeaf/nez.htm ---------------------------------------------------------- - Education is the best gift that lasts a lifetime! - Help someone subscribe to The Deaf Watch Newsletter ---------------------------------------------------------- - SUBSCRIPTION INFORMATION - To be added to the mailing list, send "SUBSCRIBE" - To be deleted from the mailing list send "DELETE" - to this address DEAF@ACTIVIST.COM - - Mailing lists are not sold/given to anyone. ------------------------------------------------------------- - Need to stay on the net? 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