Mike Paciello provides a short update on the Section 508 / Section 255 Guidelines.

Thanks to Laura Carlson for all the links. What have you read lately?

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On Friday, Feb. 19, 2010, two important new closed captioning rules were published in the Federal Register and went into effect. The new rules require immediate attention by video programming distributors -- including broadcast television stations -- to ensure that they respond promptly to viewer complaints regarding closed captioning issues, and to ensure that they timely file contact information with the FCC by March 22, 2010.

As detailed in Davis Wright Tremaine's November 2008 advisory and subsequent January 2009 advisory update, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order in late 2008 that, among other things, imposed new requirements on video programming distributors with respect to fielding inquiries and complaints about closed captioning. While the implementation of some aspects of those rules was delayed initially, with Friday's publication in the Federal Register, two of those are now in effect. The new rules, and the obligations they impose on video programming distributors, are discussed below.

Streamlined complaint process

First, the Commission's earlier Order revised the complaint process for complaints involving closed captioning rules, and with the Feb. 19 publication in the Federal Register, the new complaint procedures are effective immediately. The revised complaint procedures are as follows:

• Viewers who believe that a video programming distributor has failed to meet its captioning obligations may now file a complaint directly with either the FCC or with the program distributor, e.g., cable operator, television broadcaster or DBS provider. (Previously, viewers were required to first file complaints with distributors.)


• If a complaint is filed with a program distributor, then the distributor must respond to the viewer complaint in writing within 30 days of receipt. If a video programming distributor fails to respond to the complainant within 30 days, or if the complainant is unsatisfied with the response, the viewer may then file a complaint with the FCC within 30 days.


• If a complaint is filed directly with the FCC, the FCC will forward the complaint to the program distributor, which will be required to respond to the FCC in writing within 30 days of receipt. (Previously, distributors were required to respond to FCC complaints within 15 days.) In responding to a complaint, the video programming distributor must provide the Commission with sufficient records and documentation to demonstrate that it has complied with the Commission's rules.


• Viewer complaints must be in writing and must be filed within 60 days of the alleged violation (whereas previously complaints could be filed within the calendar quarter in which the alleged violation occurred). The complaint also must state with specificity the alleged Commission rule violated and include some evidence of the alleged rule violation.

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Joe Clark provides the details.

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I thought I had blogged this story, but only found bits and pieces. So here’s the whole story as my daughter remembers it.

I’d like to think that I was a unique individual from birth. I learned, at a very young age, that my family was different, but my parents instilled a sense of pride in me. Everything I was, no matter how it compared to others, was something I could wear proudly. My mother is deaf, and this never struck me as strange.

However, in second grade when children still loved to see their parents anywhere they went, mothers and fathers would come into class to read aloud. My mother doesn’t know American Sign Language (ASL), nor does she need it. She reads lips with crisp perfection; even I couldn’t help but to imitate it in my early years. She also speaks clearly, of course with a slight accent, but as time goes on, it lessens. I never heard any strange accent, only the sound of my mother’s voice.

This isn’t what my peers heard. They mocked her openly in front of me, and asked why she sounded so weird. What a blow this was, the first time that anything about me was “strange” and unaccepted. I wasn’t ashamed, though. To this day my mother remains an incredibly accomplished woman and writer. I get my language abilities straight from her. (Unfortunately, I acquired my father’s penmanship.)

What’s strange is that I think I brought a book with a deaf character. But what was different between talking to my daughter’s class and my son’s class is that in my son’s class — I opened with an explanation of the deafness rather than letting the book do the talking.

I accept that children and even some adults will look at me in a strange way when my mouth opens and the words spill. But I do not accept my children’s classmates making fun of me in front of my kids. That puts the burden on my kids for something that has nothing to do with them.

After a great experience in talking to two first grade classes this year, I hope to speak to more. It was college / career week. So I volunteered to talk to the kids about going to college, how college helped me on my career path, adjusting to college and making a career. I explained some of the barriers and how technology has erased many of them.

I believe education is the path to understanding and acceptance.

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From Hearing Aid Tax Credit web site:

What would the Hearing Aid Assistance Tax Credit Act do? And, what are the differences in the House and Senate legislation?

The bill in the House of Representatives (H.R. 1646) would provide a tax credit towards the purchase of each hearing aid of up to $500 per hearing aid, available once every 5 years. It would be available to 1) individuals age 55 and over, or 2) those purchasing a hearing aid for a dependent. The House bill excludes coverage for those with incomes over $200,000/year. The bill in the Senate (S. 1019) would provide the same $500 credit but would cover all age groups.

Learn more about the Hearing Aid Tax Credit.

Here’s an article that looks at five myths and the real facts for employers.

I should be grateful I’ve had a great pre-freelance career working in the federal government as well as for two big telecommunications companies.

Softeq Development Corporation has implemented DURATEQ Live with Intelligent Access mobile captioning, audio description, and assistive listening service at Cowboys Stadium in Arlington, Texas. On a recent Sunday, guests who are deaf, hard of hearing, blind or have low vision could access DURATEQ Assistive Technology Version (ATV) handhelds to enjoy the first NFC Playoff game in the stadium.

“The Dallas Cowboys Football Club contacted us to build a universal experience for all their fans, and we teamed up with Georgia Tech’s wireless captioning specialist Intelligent Access to create a customized assistive technology solution for them,” said Trey Litel, Vice President of Softeq Development Corporation. “The spectacular Dallas Cowboys Stadium has the best technology and now with DURATEQ ATV they have added real time mobile captioning and assistive audio anywhere in the stadium!”

Originally developed for the Walt Disney World theme park, the DURATEQ ATV makes the full game experience available to all guests. Softeq adapted its application to include the Intelligent Access software to add real time mobile captioning to the platform. The device also provides assistive listening of all public address system announcements and assistive audio play by play announcements in English and Spanish. Fully integrated into the existing Dallas Cowboys Stadium captioning infrastructure, the server broadcasts content over the stadium WiFi network and assistive band FM transmitters.

The DURATEQ ATV helps public entertainment venues meet Title II and Title III of the Americans with Disabilities Act (ADA) requirements. Visit the Dallas Cowboy Web site for information for guests with disabilities. Visit Intelligent Access for information on wireless personal captioning.

Here I share my responses to the 17 misconceptions from my experience…

1. Everyone with hearing losses uses sign language and reads lips. I know a drop of sign language, which I’ve picked up here and there like I’ve picked up words in other languages. My dad and grandmother lost their hearing as they got older. Neither knew sign language nor how to read lips.

2. Talking louder will help a person with hearing loss to understand. No, it puts us in an awkward situation. It is possible to talk too loud to me, but I can’t be sure if it’s someone’s normal volume or trying to do me a favor. Either way, I don’t want to risk hurting anyone’s feelings. It’s all about annunciation.

3. Hearing aids and cochlear implants restore hearing to normal. I wish! I’ve used both and I still cannot hear a conversation on the phone, from behind me or on TV.

4. People with hearing loss are stupid, mute and unsuccessful. I run a successful full-time freelance business. Before doing this, I had a great career in both the government and in telecommunications. A recent article discusses two employees at a large local company, one is an engineer. Unfortunately, if we dare ask “What did you say?” or don’t look like we understand, we’re perceived as stupid.

5. People with hearing loss tend to be older adults. I was born deaf. ‘nuff said. I’ve met many deaf kids my age over the years.

6. People with hearing loss are defined by their hearing loss. Hardly. I’m a wife and mother first. Then a writer and volunteer. Being deaf does motivate me to work harder. I’m as much as a lefty as I am a deafie.

7. Having hearing loss is shameful. Some folks who lose their hearing as they get older do struggle with the loss just like we all struggle with different things that come with aging. But as a person who was born deaf and never experiencing hearing like the average person, it’s not shameful. However, it’s true that some folks are in denial about their hearing loss.

8. When people with hearing loss miss something, it’s OK to tell them, “It’s not important,” or “I’ll tell you later.” Yeah, my brother did this to me all the time as closed-captions weren’t around until I was a teen. But I know he did it because it’s easier. It’s no different than when kids ask their parents what they were talking about to each other. They just don’t need to know everything.

9. People with hearing loss are rude and pushy. From my view, I don’t like lose track of the conversation or force myself not to care what people are talking about. So in my anxiousness to stay on track, I might come across as pushy when I don’t mean it.

10. People with hearing loss mostly hang out with other people with hearing loss. I’ve had very few deaf friends over the years. The only ones I know are from social networking. However, it’s true that some folks do all they can to be active in the community with other deaf people. It’s no different than Jewish people interacting with each other, Blacks and so on. You’ll find this in every race, culture and creed.

11. Everyone who needs an assistive listening system can use ear buds or headphones. I can’t use ear buds at all. They’re not loud enough and they don’t reach my hearing aid. I use headphones and switch my cochlear implant to T-Coil to shut out regular sounds and only hear what comes through the headphones. The T-Coil has been around since I was a kid. Great invention.

12. The wheelchair symbol represents universal access. It represents people who need to know if there’s access for someone with mobility challenges.

13. Hearing access isn’t needed because it’s so rarely requested. “Many people with hearing loss are so accustomed to there being no accessibility accommodations that they don’t inquire about it unless it is publicized.” Very true. I’ve gotten to the pint that if someone tells me about a video, I don’t bother to check it out unless they say it’s captioned or has no words.

14. People with hearing loss read braille. My husband ran into this when he was moving to Washington, DC, and I hadn’t yet joined him. Riding in an elevator, a coworker, who knew I was deaf, asked if I could read braille. Sure, I can rub my ear all over it and know what it says. Not really.

15. Providing access for people with hearing loss is very expensive. I can caption my own videos for zero cost. (OK, we won’t go into the fact you need a computer and Internet connection.) We can also access relay services online.

16. Deaf, hearing impaired, handicapped or disabled one is as good as the other. Even I get lazy and say “deaf person” referring to me. But it’s true that the correct way is “people who are deaf or hard of hearing.” Using “deaf person” or “blind person” implies there’s nothing else to the person. Some deaf people (see?) prefer to be known as “deaf person.” I also get lazy and say “hearing impaired” instead of “hard of hearing.” I’ve used all three terms. The only thing I don’t like is “handicapped.”

17. Companies or accessibility experts with no background with hearing loss can know what best meets the needs of people with hearing loss. Not all companies have the ability to hire someone to be an expert. That’s why you do research, ask questions and contact experts.

Image credit: Chris Baker

• The Year in Captions in 2009
• Closed-Captions Missing from Several On Demand Movies
• 17 Misconceptions about People with Hearing Loss
• University of Arizona launches a class to help people who are losing their hearing.
• Court Reporting One of Strongest Careers for 2010
• TrailerSpy Closed-Captioned Trailers

Accessible Web Design provides US disability statistics: Measurement and sources.

Jesblog looks at captioning and YouTube. “Anyway, a solution to finding a quick and inexpensive way of captioning short videos is coming closer to fruition. Exciting times. Stay tuned!”

Going To College
http://www.going-to-college.org/
This new website contains information about living college life with a disability. It is designed for high school students. The site provides video clips, activities, and resources that can help them get a head start in planning for college. Video interviews with college students with disabilities offer a way to hear firsthand from students with disabilities who have been successful. Modules include activities that will help students explore more about themselves, learn what to expect from college, and equip them with important considerations and tasks to complete when planning for college.

Resource Guide on Higher Education for People with Disabilities
http://www.txddc.state.tx.us/resources/publications/collegehtml.asp

Key Laws link to Disability Laws - General
http://governor.state.tx.us/disabilities/resources/higher_education/

The Next Step Higher Ed Video
http://www.txddc.state.tx.us/resources/publications/NextStepVideo.asp

TEA Special Education Division
512-463-9414
http://www.tea.state.tx.us/special.ed/

Secondary Transition guidance:
http://ritter.tea.state.tx.us/special.ed/guidance/transition.html

College - Financial Aid
Texas Higher Education Coordinating Board
Contact info: 512-427-6100
Texas Financial Aid Center: 888-311-8881 texasprojectfirst.org/AgePostGraduation.html
Websites: http://www.hhloans.com/cfbin/tofa.cfm?Kind=E
(Exemptions) http://www.collegefortexans.com/cfbin/tofa.cfm?Kind=E
(Deaf/Blind Waiver and others) http://www.collegefortexans.com/cfbin/tofa.cfm?Kind=W

A Resource Guide for Special Education Students on Transition Services:
http://www.transitionintexas.org/transitionintexas/site/default.asp

AHEAD in Texas (Association of Higher Education and Disability)
http://www.texasahead.org/work_force/education.html

Project FIRST (Family, Information, Resources, Support and Training)
http://texasprojectfirst.org/AgePostGraduation.html

Advocacy, Inc.
(800) 252-9108
http://www.advocacyinc.org/

The ARC of Texas
800-252-9729
http://www.thearcoftexas.org/

Partners Resource Network
http://partnerstx.org
800-866-4726
Partners@PartnersTx.org

Job Accommodation Network
Office of Disability Employment Policy
http://www.jan.wvu.edu/

U.S. Department of Education
Office of Special Education Programs (IDEA)
http://idea.ed.gov/explore/home

Office for Civil Rights
http://www.ed.gov/about/offices/list/ocr/index.html

Customer Service Team
550 12 Street, SW
Washington, D.C. 20202-1100
800-421-3481
877-521-2172 (TDD)
202-245-6840 (fax)
OCR@ed.gov

Office for Civil Rights
U.S. Department of Education
1999 Bryan Street, Suite 2600
Dallas, TX 75201
972-437-5923
214-880-2456 (TDD)
214-880-3082 (fax)
OCR_Dallas@ed.gov

Recording for the Blind and Dyslexic
http://www.rfbd.org
866-732-3585
*recorded textbooks

Vcampus, The e-Learning Solution Provider
http://www.vcampus.com/webuol/index.cfm
800-915-9298
1850 Centennial Park Drive, Ste.200
Reston, VA 20191
*Provides online courses through several accredited colleges and universities that allow for starting a degree from scratch or finishing up a degree.

National Dissemination Center for Children with Disabilities
http://www.nichcy.org
P.O. Box 1492
Washington, DC 20013-1492
800-695-0285 (Voice/TT)
202-884-8200 (Voice/TT)
*NICHCY Briefing Paper is intended to serve as a guide to help parents and educators know what ADD is, what to look for, and what to do. NICHCY is one of four clearinghouses established by Congress to provide specialized information on disabilities

The Higher Education Act
http://www.ed.gov/about/offices/list/ope/library.html

Parent Tips For Transition Planning
http://www.pacer.org/publications/pdfs/ALL14.pdf (pdf file)
Information on transition planning (TP) which helps to prepare young people for their futures. TP is required in the Individualized Education Program (IEP) for students with a disability by age 16. Provides tips on how to prepare a student for transitioning from school to further education, employment and independent living. This link opens a PDF document.

The Governor's Committee on People with Disabilities
The Governor's Committee on People with Disabilities is within the office of the Governor. The Committee's mission is to further opportunities for persons with disabilities to enjoy full and equal access to lives of independence, productivity, and self-determination.

The Committee is composed of 12 members appointed by the governor, and of nonvoting ex officio members. The appointed members are appointed for staggered terms of two years. At least seven of the appointed members must be persons with disabilities.

The Committee serves as a central source of information and education on the abilities, rights, problems, and needs of persons with disabilities. The staff of the Governor's Committee supports and manages the work of the Committee. The Committee's enabling statute is in the Human Resources Code, Chapter 115.

Texas Governor's Committee on People with Disabilities
P.O. Box 12428 Austin, TX 78711
512-463-5739 (voice),
512-463-5746 (TTY)
Dial 711 or your relay provider of choice
This document is available in alternate formats on request.
http://governor.state.tx.us/disabilities/

Read more about LiveStream Subtitles and see an example video.

How can those who rely on captions find out what live events will be captioned? They might not be on the event’s mailing list. The Livestream guide needs to add a new search category for captions/subtitles. I’ve contacted the company about this.

One nitpick. One of the benefits says, “Reach the 36 million Americans that suffer from some form of hearing loss.” Many deaf and hearing impaired folks will tell you we’re not suffering. Some are quite proud. For some, it is what it is.

Google introduced another service called “auto-timing” that allows users uploading videos to also upload a text file of the video’s script. Google will add captions to the video using the text file, automatically matching the audio with the file.

Like speech recognition technology, it won’t be perfect — but it’s a fantastic start. Read more…

New York Times

Google Blog

Thanks to Patty Bennett and Deborah Edwards-Onoro for bringing the links and story to my attention.

More goodness from @iheni:

WCAG Trip-A: “Accessibiltiy as an Afterthought”

More evidence screenreader usage is shifting via @jaredwsmith: “Lower your prices or I’ll switch to Screen Reader X…”

@Jennison has set up a The Mobile & Handheld Technology Accessibility Forum on LinkedIn http://u.nu/3eiu3

Mobile widgets/apps lead the way for a blind user http://tr.im/EAAD + vet http://tr.im/EAAz Build widgets w/ standards at http://tr.im/EAB9

Good captioning tool tip from @prettysimple http://tr.im/Ekca youtubecc.com http://www.youtubecc.com/ super simple to use thanks James!

The Carl and Ruth Shapiro Family National Center for Accessible Media at WGBH (NCAM) has written guidelines for content providers who would like to create accessible iTunes U media via captions, subtitles and audio descriptions. This guidelines document provides step-by-step documentation on creating fully accessible media, including:

• Closed captions and audio descriptions that the user can turn on or off as needed.
• Open subtitles and descriptions that are available to everyone watching or listening.
• Closed subtitles for adding multiple language tracks to video files.
• Accessible PDFs.

Also included with the guidelines are links to eight video and audio clips that illustrate the various forms of accessible media discussed in the document. Using these guidelines, iTunes U content providers can create content that all people can learn from including people with vision and hearing loss.

To access the Creating Accessible iTunes U Content guidelines document and related media, see Creating Accessible iTunes U Content on Apple’s iTunes site.

About NCAM and WGBH

The Carl and Ruth Shapiro Family National Center for Accessible Media at WGBH is a research, development and advocacy entity that works to make existing and emerging technologies accessible to all audiences. NCAM is part of the Media Access Group at WGBH, which also includes The Caption Center (est. 1972), and Descriptive Video Service® (est. 1990). For more information, visit http://access.wgbh.org.

WGBH Boston is America’s preeminent public broadcasting producer, the source of fully one-third of PBS’s prime-time lineup, along with some of public television’s best-known lifestyle shows and children’s programs and many public radio favorites. For more information, visit http://www.wgbh.org.