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TELECOMMUNICATIONS FORUM: RECORD OF KEY POINTS OF DISCUSSION

TELECOMMUNICATIONS FORUM: RECORD OF KEY POINTS OF DISCUSSION

Conference Room 1R1 Parliament House Canberra

November 28 2003

INTRODUCTION

This document contains a record of the key
points of discussion at the above forum and is prepared by the Human Rights
and Equal Opportunity Commission. It does not constitute minutes of the
forum, and the fact that a position is stated does not mean that every
party in attendance has committed to that position. However, it does
indicate the key points of discussion during the day, and provides a platform
for taking work forward on the issues raised.

It has been circulated to participants for
their comment prior to publication on the Commission's website, and many,
but not all, of those comments have been incorporated in the document.

The references in the document to Recommendations
refer to those in the When The Tide Comes In
discussion paper. The issues have been divided into the same topic
headings used at the forum. Papers from
participants are also linked from our telecommunications page
.

TEXT TELEPHONY

Recommendations 9, 10, 11, 12, 18

Q1 Is the ACIF-hosted Text Any to
Any (TATA) project the best way forward?

Q2 What might be some key principles
and features for the ACIF text telephony model?

Q3 How might resources be found
to achieve implementation of an agreed text telephony model?

  1. ACIF process is the best way forward
    - there is consensus on the direction being followed.
  1. The importance of real time communication
    was stressed.
  1. The importance of interworking between
    devices was stressed.
  1. The importance of universal design
    was stressed.
  1. This project must move relatively
    quickly - 2004.
  1. There are some mobile handsets available
    which will communicate with TTY's.
  1. There needs to be transition planning,
    including re-visiting and/or re-negotiating the result of the Scott
    v Telstra decision to take into account technological developments.
  1. If industry continues to make the
    running, there may not be a need for legislative change.
  1. There is a clear need for resourcing,
    in particular for any interworking capability between existing TTY and
    new text services.. It was suggested that this may occur through DCITA,
    and/or it may fall under the USO.

PUBLIC PAYPHONE ACCESSIBILITY
AND TTY PAYPHONES

Recommendations 22, 23

Q1 Do we need an industry code on
public payphones, and what should it contain?

Q2 Do we need an action plan for
TTY Pay phones, and what should it contain?

  1. There is a need for an Industry Code
    for payphones and an Action Plan for TTY payphones.
  1. Payphones have a very important role.
  1. ACA inquiry showed the lack of knowledge
    of payphone location rules.
  1. 60% of payphone users are carrying
    mobiles - use of payphones is not diminishing with the increase of mobiles.
  1. There needs to be a phasing in of
    TTY connection to payphones.
  1. People with disabilities are over-represented
    in low income groups, which increases the need for access to payphones.
  1. The importance of a volume control
    on payphones to the broad range of people who are hearing impaired -
    a much larger sector of the population than people who are deaf - must
    not be overlooked.
  1. A Code in this area could be site-specific,
    with percentages of features determined by types of sites.
  1. There appears to be a need to inform
    the relevant community about the availability of TTY payphones and their
    locations. It was noted that TTY payphones and their locations are
    listed on Telstra's website and in the TTY directory.
  1. Industry's capacity to install TTY
    payphones may be restricted if phone call prices remain fixed.

DISABILITY IMPACT ANALYSIS
FOR CHANGES IN TECHNOLOGY

Recommendation 16

Q1 How do we avoid a repeat of the
regrettable situation which occurred with digital mobile phones and hearing
aids?

Q2 Should we work towards legislative
or voluntary industry codes to ensure impact analysis is part of new technology
roll-outs?

  1. It was suggested that here should
    be guidelines or a checklist against which to test new initiatives,
    and then the registration of a statement with ACA that the technology
    complies.
  1. There was support for a Community
    Impact Statement or similar process.
  1. Industry is already doing a lot in
    this area to raise the awareness of consumer representative organisations,
    for example, on next generation networks.
  1. There needs to be a debate on an
    Industry Code in this area in the relevant fora.
  1. Regulators and government can be
    as guilty as industry in allowing technologies which exclude people
    with disabilities.
  1. There is a need to monitor international
    experience.
  1. The Any To Any project is a good
    model - it has been pre-emptive in addressing issues.
  1. There is a need to influence developments
    in international Standards bodies and global manufacturers.

SMS PRICING FOR DEAF
USERS

Recommendation 17

Q1 Are groups who primarily rely
on SMS communications disadvantaged by current pricing?

Q2 If so, what strategies may address
this?

  1. UK guidelines for best practice
    for mobile phone providers should be examined to assess applicability
    in Australia. AMTA could follow this up..
  1. It is important to recognise the
    way people who are deaf use SMS - it is virtually their only form of
    mobile communication. It is not valid to compare the price of one SMS
    with the price of one voice-call - an interaction which occurs in one
    short voice-call may take four to six SMS's.
  1. The competitive nature of the market
    was recognised, but it does not - on its own - address the discrimination
    between deaf people and hearing people?
  1. Text users take longer to type on
    TTY's, and need to send more messages to achieve the same result.
  1. A website for SMS pricing comparisons
    would be very valuable - perhaps AMTA or a consumer organisation could
    host this.
  1. Industry has not adequately communicated
    appropriate pricing plans to the relevant community.
  1. SMS pricing is a potential major
    issue for DDA complaints.

EXPANSION OF SECTION
593 CONSUMER GRANTS PROGRAM & RESEARCH AND DEVELOPMENT

Recommendation 6 & Recommendations 3,
25

Q1 How can consumer participation
and accessibility research be resourced effectively in the future?

  1. It was suggested that the following
    set of principles would underpin an effective model:

a)      Resources
to consumer organisations should be allocated following scoping of needs
by a representative committee which would make recommendations to Government.

b)      There
should be a three-year funding cycle with annual acquittals. This would
make funded organisations both efficient and accountable.

c)      Efficiencies
are not necessarily gained through competition amongst consumer organisations.

d)      Industry
support of consumer organisations can assist industry with equitable development.

  1. It was suggested that research and
    development could facilitate greater access to telecommunications, and
    policy-makers, industry and regulators would benefit from a competitive
    grants program to support innovative research and development as detailed
    in Recommendation 25. Such a program could:

a)      Be
seen as an investment in the future;

b)      Use
tax and other incentives as part of its resourcing;

c)      Draw
on international experience through networking; Japan, US, the Nordic
countries and the EC are good models.

d)      There
is a benefit from input of consumers with disabilities involved in research.

e)      Partnering
with universities could be valuable.

3. The restrictions on Government in this
area caused by budget cycles and current policies were noted, but DCITA's
preparedness to discuss these issues with industry and consumers was appreciated.

4. There needs to be discussion amongst
consumer groups about generalist v specialist, and project-based v program-based
funded activities. DCITA sought the views of consumer groups on funding
priorities in these areas.

5. Consumer organisations need to be more
strategic, and industry can help.

DISABILITY EQUIPMENT
PROGRAM

Recommendations 7, 8

Q1 Should mobile phones be included
in disability equipment programs, and if so what is the best way to do
this?

Q2 Would people with disabilities
be better served by a cross-industry disability equipment program, and
if so, how might it operate?

  1. People with disabilities need access
    to telecommunications.
  1. People with disabilities should not
    be restricted from carriers by inequitable equipment issues.
  1. An independent cross-industry program
    was generally supported by consumer representatives.
  1. Such a combined program should be
    discussed under the auspice of ACIF. Funding and other issues need
    resolution. Such a program might need to look at micro markets.
  1. There is value in separating the
    equipment program from the customer - the customer then becomes valuable
    to industry.
  1. An equipment program does not just
    involve sourcing- staff training, and consumer support are also necessary
    components.
  1. The DEP is currently outside the
    TIO's jurisdiction and this may need to be addressed. This is because
    the TIO does not deal with complaints about equipment.
  1. Planning for a DEP must look to future
    technology.

MOBILE PHONES IN DEP

  1. Industry is happy to discuss meeting
    the needs of micro markets and communicating availability of accessible
    equipment to relevant communities.
  1. However, devices meeting specialised
    needs may firstly need to be part of a DEP, although may move to more
    general availability over time.
  1. Need to consider the definition of
    the standard telephone service and what it covers. However, although
    it may not cover mobiles, the convergence with the DDA must also be
    taken into account.
  1. Need to consider whether the DEP
    would include handset bundles?
  1. Need to consider whether the DEP
    would include the handset as a stand-alone item?
  1. Should government or industry lead
    on this issue?

MOBILE TELEPHONY ACTION PLANS

Recommendation 20

Q1 What are some ways to address
the accessibility of mobiles? What are some programs/actions/practices
which can be implemented to improve mobile phone accessibility?

Q2 Do we need a mobile telecommunications
action plan, what should it contain?

  1. An industry plan could co-operatively
    provide equity and remove barriers.
  1. Communicating and information sharing
    are likely to provide a better solution than more prescriptive solutions.
  1. There needs to be consumer involvement.
  1. UK guidelines for best practice for
    mobile phone providers should be examined to assess applicability in
    Australia. (as per SMS pricing discussion).
  1. AMTA would be best placed to co-ordinate
    this work.

EXPANSION OF TELECOMMUNICATIONS
DISABILITY STANDARD

Recommendations 13, 14, 15

Q1 Do we need a more comprehensive
telecommunications Disability Standard, and if so what areas should it
cover?

  1. Universal design and importance of
    commercially available equipment was noted.
  1. A code on information does not apply
    to equipment suppliers and importers - it only applies to CSP's.
  1. What has been learned from ACA consultation
    and other discussions could feed into a draft guideline, although further
    discussion with consumers is necessary.
  1. There could be a code enforceable
    by the ACA which is about information provision. Information about
    features would have to carry all relevant information for CSP's. There
    could be a second code on information as between CSP's and manufacturers.
  1. A standard set for features that
    a standard phone has to meet (currently only two) would meet far more
    needs if it contained more features. By lifting the standards it becomes
    more mainstream. Many Standard Telephones already on the market exceed
    the requirements of the current Disability Standard.
  1. The Telecommunications Act may not
    be the right place for regulation if the aim is to achieve end-to-end
    connectivity. The DDA may provide an alternate option, although an
    amendment would be required to the DDA before such Standards could be
    enacted.
  1. Industry is of the view that Disability
    Standards cannot limit other customer choices.
  1. It was noted that public procurement
    in the US requires access. Other countries including the EC are looking
    to follow this model. However, this will not preclude choices in the
    market.
  1. Consumers indicated their disappointment
    about the proposed move from standards to guidelines - they feel they
    have compromised already in the ACA process which reviewed proposals
    for adding to the current standard.
  1. Identification of overseas equipment
    which may be of benefit in Australia would be useful. The CTN work
    and Tedicor could assist with this.
  1. The ACA and HREOC were requested
    to look at possible mechanisms going across both regulatory systems.

MOVING FORWARD

  1. Atmosphere to go forward- positive
    and inclusive.
  1. HREOC does not want to reproduce
    effective mechanisms which already exist.
  1. HREOC will write up notes to circulate
    to participants.
  1. Then HREOC will work with other players-
    particularly industry bodies, regulators and consumer groups - to take
    issues forward.

HREOC will publish regular status reports
on what has been achieved - probably six or twelve monthly.