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FCC Ruling - VRS and the Freedom of Speach
VRS FCC Ruling - Maintaing the BIG PICTURE FOR AMERICA....: FCC Ruling - VRS and the Freedom of Speach
I like video conference but it's very expensive.
The new FCC Ruling appears to have also considered call content which directly infringes on Deaf and Hard of Hearing Freedom of Speach. Much of the discussion appears to be around Conference Calls and the content of those calls.
Click here first to read more about the FCC, VRS and the FCC Ruling before commenting on this blog.
This author believe the FCC has once again challenged the FIRST AMENDMENT by even discussing Conference Calls and their legitimacy in VRS businesses.
Discussion
1) Freedom of Speach - Fist Amendment and Bill of Rights
2) Conference Calls (VRS versus Video Conferencing)
3) FCC Ruling and Conference Calls
4) Why do I care?
Freedom of Speach - First Amendment and Bill of Rights
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the Congress from making laws "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech and infringing on the freedom of the press. In the 20th century, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.
The legal protections of the First Amendment are some of the broadest of any industrialized nation, and remain a critical, and occasionally controversial, component of American jurisprudence.
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws.
Conference Calls (VRS versus Video Conferencing)
VRS Conference Calls utilize an Communication Assistant(Interpreter) for those participating on the conference call that are Deaf. All parties (Hearing and Deaf/HH) dial into a common BRIDGE number. FCC regulations are clear that a valid VRS conference call must have both a Hearing and Deaf partipants. The purpose is to bridge the communication between Hearing and Deaf participants so the Deaf participants (Functional Equivalence) can communicate. The minutes where Deaf and Hard of Hearing participants are using VRS to dial into the Hearing Bridge number are reimbursable by NECA through FCC rules. The minutes by Hearing people are not reimbursable and are paid directly to the telecommunications carrier.
Video Conferencing is a new, while very expensive, technology to communicate. This new technology is used by VRS companies and Corporations in the last year. Some very large corporations have been testing and implementing this new technology for the last few years. Bottom line, the difference between this technology is the ability to have video conference that allows people to speak/Sign(ASL) in a group without using VRS. The majority of the costs of this technology is through the internet bandwidth and the software to enable each participant. Remember watching the "Brady Bunch" - the show displayed the whole family on the TV screen all at once. Just imagine 2 to 20 people on each of the participants video screen (monitor). If their is a hearing party on the conference, then VRI services (Not Reimbursebale by the FCC) can be used to communicate to the hearing partipants while still relaying the hearing party communication to the deaf/HH.
A few VRS companies, that could afford it, have invested into Video Conferencing technology to enable their Deaf/HH employees to communicate ever since the September, 2009 FCC Ruling that All Deaf calls are non-reimburable. Additionally, through the VRS Conference with a bridge, Deaf and Hard of Hearing along with Hearing individual have "formally" acquired a communication etiquitte that now transfers directly to the Video Conference technology.
Now, through the two technology, business managers can now determine the best method to communicate based upon the participants and subject matter.
FCC Ruling and Conference Calls
VRS Conference Calls were a subject of large discussion on the determination to make Employee/Contractors non-reimbursable through the TRS funds.
Much of the discussion surrounding this decision appears to be on two major points:
1) There are a limited supply of interpreters. The fact that small VRS companies had to plan such calls to ensure they did not affect their customer ASA and subsequent Service Level Rules by the FCC (80% of all calls answered must be answered in less than 120 seconds - all calls offered include those abandon calls that could be less than 5 seconds) which could cause all minutes to be non-reimbursable.
2) The fact that the subject matter pertaining to Conference Calls may not have been business related.
Regarding number 1, this is an issue for smaller VRS companys while larger VRS company's with more than 75% of the market have such large fluxuations in call volume that it is easy to absorb. The fact that these small companies had to plan and execute under a schedule can be easily justified.
Regarding number 2, this is a direct attack on Deaf and Hard of Hearing Freedom of Speech. To review call content is a direct violation of their rights. Many Hearing individuals talk about their lives, what is going on personally with work/home or just a having a conversation of sharing and caring to build relationships in their environment IS NORMAL. To infringe on this right through interigation or causing an interpreter to break their ethics in their occupation is unjust and inviolable.
Why do I care?
For Hearing People: Starting with Interpreters, we should recognize the importance of these individuals responsibility to maintain confidentiality of the people they serve. To put these important people in a position to even compromise the deaf and hard of hearing is unethical. Hearing individuals must realize that depending on the subject and participation of any conference call, the appropriate technology should be understood. Hearing people will learn the frustrations that Deaf/HH have been experiencing for years by ensuring that the participants appropriately allow for proper dialog and rules.
For Deaf People: Do not be affraid to Speak and be heard through your common language of American Sign Language (ASL). Do not worry that you discussed football or what is going on with your family when communicating with ANYONE. Hearing people, for many years, have discussed personal matters, jokes and shared information that may not be ONLY business. By sharing more with your hearing friends, family and co-workers, you bring awareness and appreciation of your needs and our society in general.
For Society in General: By no means does this author believe that conference calls should be allowed to manufacture VRS minutes to purely bill the TRS Fund. It is important to understand this industry and the new technologies that have been recently created that advance our citizenship. This author also recognizes the importance of "NO TOLERANCE" for any infringement on Deaf and Hard of Hearing RIGHT to speak and speak freely through their language of ASL.
VRS FCC Ruling - Maintaing the BIG PICTURE FOR AMERICA....: FCC Ruling - VRS and the Freedom of Speach
I like video conference but it's very expensive.
