National Association of Regulatory Utility Commissioners

May 1, 2008

The Honorable Edward MarkeyChairCommittee on Energy and Commerce,Subcommittee on Telecommunications and the Internet2125 Rayburn HOBWashington, DC 20515

The Honorable Cliff StearnsRanking MemberCommittee on Energy and Commerce,Subcommittee on Telecommunications and the Internet2322-A Rayburn HOBWashington, DC 20515

Re: Enhancing Access to Broadband Technology and Services for Persons with Disabilities Draft Bill

Dear Chairman Markey and Ranking Member Stearns:

As our nation migrates from traditional public switched-based voice telecommunicationsto more versatile and innovative IP-based communication technologies, I want to applaud theSubcommittee for holding a hearing on the importance of ensuring those with disabilities are notleft behind. The National Association of Regulatory Utility Commissioners supports legislationwhich would leverage the monies from the federal Universal Service Fund to aid eligibledisabled Americans in both purchasing the equipment needed to connect to the broadbandnetwork and staying connected.

NARUC is an association representing the State public service commissioners whoregulate essential utility services, such as electricity, gas, telecommunications, water, andtransportation, throughout the country. As regulators, our members are charged with protectingthe public and ensuring that rates charged by regulated utilities are fair, just, and reasonable.The Internet can bring improved economic, educational and social opportunities to allAmericans. However, it is the disabled community that can reap the most profound benefitsfrom these new technologies. Current federal laws safeguarding disability access totelecommunications services have not kept pace with the dramatic advancements incommunications technology over recent decades. As a result, those with disabilities are fallingfurther behind in broadband accessibility.

It is estimated that between 70,000 and 100,000 deaf-blind Americans lack even the mostbasic access to telecommunications services. The problem is particularly acute in ruralcommunities where people with disabilities are the least employed and can least afford expensivespecialized customer premise equipment that can cost upwards of five thousand dollars.At its 2008 Winter Meetings, the NARUC Board of Directors adopted a resolution urgingCongress to support the designation of broadband services as eligible for support under theLifeline and Link-Up programs, so that individuals with disabilities who qualify for theseprograms are given the choice of directing their subsidies to either traditional voice service orbroadband-based communications services. In addition, the resolution urged Congress to setaside $10 million annually in federal Universal Service Funds to support distribution ofspecialized equipment for eligible deaf-blind individuals.

Ensuring those with disabilities have affordable access to new broadband service willvastly expand their communications capabilities and enable them to be independent andproductive citizens. NARUC looks forward to working with you to bring the benefits ofbroadband to those that can benefit from it most but can least afford it - the disabled.

Sincerely,Ron JonesDirector, Tennessee Regulatory AuthorityChair, NARUC Committee on Consumer Affairs

Resolution to Support Equal Access to Communication Technologies by People with Disabilities in the 21st Century

WHEREAS, All Americans, including Americans with disabilities, deserve equal access to theemployment, educational, civic, and informational benefits that emerging digital and Internetbasedtechnologies can deliver; and

WHEREAS, New digital and Internet Protocol (IP) technologies can provide people withdisabilities with new opportunities to be independent and productive citizens of our society onlyif these innovations are designed to be accessible, usable, and affordable; and

WHEREAS, Federal laws enacted in the 1980s and 1990s to safeguard disability access totelecommunications, including the Telecommunications Act of 1982, the Hearing AidCompatibility Act of 1988, and the Americans with Disabilities Act of 1990, have not kept pacewith new Internet-based and many digital technologies; and

WHEREAS, As our nation migrates from legacy public switched-based telecommunications tomore versatile and innovative IP-based and other communication technologies, it is critical to theeconomic well-being of our nation, as well as the integration and self-reliance of people withdisabilities, to not leave these individuals behind; and

WHEREAS, The Link-Up and Lifeline Assistance Programs are two federal programs thatprovide significant discounts on initial connection and basic monthly telephone service fees tohelp make residential telephone service provided over the public switched telephone network(PSTN) more affordable for the nation's low-income consumers; and

WHEREAS, Many deaf individuals who use American Sign Language (ASL) need broadbandservices to make telephone calls - either point-to-point or through IP-based video relay services- that are functionally equivalent to voice telephone services provided over the PSTN; and

WHEREAS, Video communication for ASL users enables conversations to flow more naturally,quickly, and transparently between the parties, achieving a telephone experience that moreclosely parallels the telephone experience of people without hearing disabilities; and

WHEREAS, The percentage of people with disabilities who have access to the Internet is farbelow that of the general population, and particularly low in rural communities, where peoplewith disabilities are the least employed and have minimal discretionary income at their disposal;and

WHEREAS, Allowing eligible consumers to choose to apply their Lifeline and Link-Upsubsidies to reduce broadband fees would enable many low-income persons who are deaf, hardof hearing, or who have a speech disability to acquire access to IP-based video communicationservices and will boost that percentage; and

WHEREAS, The 70,000-100,000 people living in the United States who are deaf-blind lackeven the most basic access to telecommunications services; and

WHEREAS, Specialized consumer premises devices for people who are deaf-blind, whenmanufactured, are relatively expensive, costing upwards of five thousand dollars ($5,000) perdevice, and are affordable by only very few Americans who are deaf-blind; and

WHEREAS, A modest set-aside from the Universal Service Fund will help defray the cost ofthese specialized products and will provide much needed telecommunications access to eligiblemembers of the deaf-blind community, with negligible impact on the Fund; and

WHEREAS, The National Association of Regulatory Utility Commissioners (NARUC) haspreviously expressed its commitment through resolutions in past years to expand the deploymentof broadband and other advanced communication technologies to all Americans; now, therefore,be it

RESOLVED, That the Board of Directors of the National Association of Regulatory UtilityCommissioners, convened in its 2008 Winter Meetings in Washington, D.C., supports endeavorsthat embrace the principles expressed in this resolution, as well as federal measures to ensureequal access by people with disabilities to emerging digital, broadband and other Internet-basedcommunication technologies; and be it further

RESOLVED, That NARUC urges Congress to support the designation of broadband services aseligible to receive support under the Lifeline and Link-Up programs, so that individuals withdisabilities who qualify under these programs are given the choice of directing their subsidies toeither PSTN-based or broadband-based communication services; and be it further

RESOLVED, That NARUC urges Congress to support a set-aside of universal service funds inthe amount of $10 million annually to support the distribution of specialized customer premisesequipment to eligible individuals who are deaf-blind; and be it further

RESOLVED, That NARUC directs its General Counsel, with the consent of NARUCleadership, to communicate this resolution, including supporting initiatives that seek to ensureequal access by people with disabilities to digital, broadband and other Internet-basedcommunication technologies, to all relevant policymakers, including federal and State agenciesand Congress.

Sponsored by the Committee on Consumer AffairsAdopted by the NARUC Board of Directors February 20, 2008