Author Archives: pbravin

On this Independence Day…Independence for Us All (Functional Equivalence)

There are many ways to observe Independence Day. Dr. Z usually reads the Declaration of Independence in its entirety. In any event, Dr. Z considers the first sentence of the second paragraph most fitting when one talks about independence.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

This is most fitting today when we have close to full communication access, made by the advent of videophones, which followed TTY’s. When one says equal, this means we deaf and hard of hearing people are close to being equal to our hearing counterparts when it comes to how we communicate. The things standing in the way are interoperability between products. This should be resolved once and for all–once all videophone devices are fully interoperable like cell phones, we can consider ourselves equal and we can then pursue “life, liberty and happiness!”

Happy Independence Day from Dr. Z!!

Dr. Z cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Sorenson Files a Stay Request with the FCC on Its Rate Order

Sorenson filed a “stay” with the FCC on June 30th. (link to “stay” request)

A stay is a procedural matter in which a party can ask the FCC to “hold” any action on any order it has issued.

The “stay” has to do with the FCC’s interim rate order they issued on June 28th. The text of the order is included in the Sorenson stay filing above.

In the stay, Sorenson offers some legal arguments as to why the FCC should not proceed with their interim rate order and continue with the rates they issued for 2007-2009.

Also, the stay request indicates that if the FCC does not act on it by July 9th, Sorenson will consider going to court on this matter.

Dr. Z (and the FCC) cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #54-The Latest from the FCC on VRS–Dr. Z’s Observations

Yesterday was a key day in the VRS industry with the FCC issuing three documents and 2 orders. The impact of these, when concluded will be felt for a long time.

The FCC issued a press release (link) and 2 orders: one in which they issued interim rates for 2010-2011 (link) and initiation of a Notice of Inquiry on the VRS Industry (link).

The press release explained the 2 orders, but what was interesting was there was a subheading on the press release indicating that the FCC Commissioners voted unanimously on the orders–“Commission Votes Unanimously on Immediate and Long-Term Approaches.” This indicates the FCC is together and united on the entire process related to VRS. This also indicates both the Republican and Democratic appointees on the Commission are in agreement on this.

On the rates, the FCC decided to make the rates interim–only for one year (2010-2011) instead of 3 years. They feel that the Notice of Inquiry will create a new baseline for the rates and prefer to have future rate setting decisions based on the results of the Notice of Inquiry. They indicated they used a temporary solution for coming up with the revised rates which were higher than the original rates submitted by NECA by using this formula: “averaging NECA’s proposed per-minute rates calculated as a measure of actual, historical provider costs, and the current rates, which were based on providers’ projected costs.” The FCC seems to feel that the current rate setting process does not reflect the true cost of providing VRS as there is a difference between what the VRS providers projected and what the actual costs the FCC paid have consistently been different for the last 4 years with the projected rates higher than the actual rates. So, for all purposes, this year’s rate is a temporary solution. The true and long term rates will come out of the Notice of Inquiry process.

The Notice of Inquiry is a big deal. Dr. Z considers this one of the most important undertakings the FCC will pursue in making communications accessible for deaf and hard of hearing people. It is a very comprehensive document–25 pages. It will ask for feedback on two basic topics: 1) Adjustments and Modifications to Improve the Video Relay Service Compensation Methodology and 2) Broader and Economic Issues Concerning Video Relay Service. In both areas, the FCC is asking a lot of questions that need to be answered by the public in the weeks to come. The Notice of Inquiry is a open process and everyone should feel free to submit comments and feedback. The FCC will take close to a year to complete this process and hopefully conclude this by July 1, 2011. Dr. Z takes the view that this is serious business—a look into VRS from all tangents in a way that has never been done before. It is obvious the FCC has been working on this for a long time and the final details next year will have a major impact on how VRS is delivered to us all.

Dr. Z will in the next few weeks go through the Notice of Inquiry section by section to give you all an opportunity to understand what the FCC is looking at and to allow you to submit comments to the FCC.

Dr. Z (and the FCC) cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #53-Sprint EVO–Is this the Future of Videophones?

Recently, Sprint released its EVO smartphone. Like the Apple iPhone 4, it has a front-facing camera which means one can do a video conversation with this device.

While this looks nice, it does have its limitations, like with the release of any new product, the first version rarely includes everything we want in a new product. It usually has limited functions for 2 reasons—first they need to be sure it works and secondly, they want to be able to make improvements to the product in the future.

Right now, the EVO, in order to do video conversations, must use the software (or the app) that is available for it. There are two apps that can be used for video conversations. They are “Qik” and “Fring” which can be downloaded. They will only work with another EVO. It will not work with a Mac, or a Z-phone or a VP-200 yet.

Also, unlike the Apple iPhone, it will work with either a wifi connection or a 3G/4G connection. You will need to pay an additional $10 charge per month to bwe able to use the premium data plan which has no caps. The iPhone 4 can only work with a wifi connection.

But, the concept of being able to do a video conversation “on the go” is nice! It will not be long before we will be able to do video relay calls using a mobile or smartphone. Right now, the closest thing we have to a mobile phone is a Z4 on a netbook or a laptop. This will allow you to experience a mobile calling environment. Dr. Z has used it extensively in his travels and it works greatly and Dr. Z looks forward to the day when we can have a video conversation on a mobile phone with a cellular connection. This will be the day when we have full functional equivalency!

Dr. Z cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #52-Apple iPhone4–Is this the Future of Videophones?

This week, Apple is releasing its iPhone 4 to the public. Like the Sprint EVO, it has a front-facing camera which means one can do a video conversation with this device.

Right now, the iPhone4, in order to do video conversations, must use the software (or the app) that comes with it. The app is called “FaceTime”. It will only work with another iPhone 4. It will not work with a Mac, or a Z-phone or a VP-200 yet.

Also, it will work only with a wifi connection. It will not work with a cellular connection such as CDMA, EDGE, 3G or 4G. That means you can only use it when you are near a wifi hotspot.

Dr. Z cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #51-What are the Top 3 Questions at Every Town Hall?

Dr. Z has had town hall meetings since April–he is now into his 20th city and will continue until the end of this month. After every town hall, there is always an open question and answer session and almost always there are at least 15 questions being asked by audiences all over America. As one can expect, they fall into a pattern and Dr. Z will tell you what is on the minds of many deaf and hard of hearing Americans these days.

1. Is the proposed rate going to cause VRS to end as we know it?

2. Will the bankruptcy of Sorenson cause our VP-200’s to be inoperable?

3. Can the Z4 do what the VP-200 does?

Answers that Dr. Z gives (in abbreviated form–Dr: Z gives a much longer answer at those town halls):

1. Is the proposed rate going to cause VRS to end as we know it?

Answer: The answer is a resounding NO! NO! NO! The FCC has gone on public record that it is here to insure that the VRS service is here to stay. It is a mandated service by the ADA. We all should not worry (nor take TUMS) about the possibility of this happening.

2. Will the bankruptcy of Sorenson cause our VP-200’s to be inoperable?

Answer: This is a possibility. It depends on the level of bankruptcy protection Sorenson seeks. Not all bankruptcies are Chapter 7 where the entity goes completely out of business. Many bankruptcies are Chapter 11 and 13, like what General Motors went through. It went into bankruptcy for a while and now it is out of bankruptcy and it never stopped making cars. In any event, should the VP-200 not work–there is a simple solution–we all have computers and all it takes for you to get VP service is to simply press a button to download the Z4. Then you would not need a VP-200! (The Z4 works on both PC’s and Macs.) Press HERE to register for the Z4 (It is free.)

3. Can the Z4 do what the VP-200 does?

Answer: In a horse race, the Z4 would outrace, outhustle and outperform a VP-200. There is no way the features on a VP-200 can do what a Z4 can do. Dr. Z challenges anyone out there to show what a VP-200 does that the Z4 cannot do. The most common challenge was the signaler for incoming calls. The Z4 has the Z-Alert which is the modern way of responding to calls through your pager or mobile phone.

In future blogs, Dr. Z will post more answers to those questions asked by everyone out there. Dr. Z wants to thank the hundreds of people who have attended his Town Halls. This gives everyone an opportunity to get facts straight.

Dr. Z cares about your communication access.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Editorial #50-What is the VRSCA and Is Sorenson Funding It? (UPDATED)

Dr. Z got home from a road trip a few days ago and in his pile of mail, he saw a 4-color mailing from the VRSCA. It was addressed to him and another went to his wife.

It starts with “The Future of Video Relay Service is In Jeopardy”…is this a VRSCA or a Sorenson message? Who pays for the printing and mailing of these 4-colored postcards? They must have gone to tens of thousands of VRS consumers out there. The VRSCA has publicily said they are “neutral.” But with this mailing and a vlog by one of their people, it is obvious they are delivering the Sorenson message in another way. Is this neutral?

It does seem strange (and unethical) to Dr. Z for a company to set up an organization to promote its ideals and claim that that organization is “neutral.” After all, Dr. Z is assuming that Sorenson is paying for the mailing since we know from conversations with people that VRSCA is paid for by Sorenson. They pay for VRSCA booths at trade shows. They pay for VRSCA people to travel to such trade shows.

The mailing was received after the May 21st reply to comments deadline by the FCC. I am not sure if the FCC would take those reply cards into consideration.

Let us respect the FCC. The VRSCA mailing accuses the FCC of “seems unreasonable and poorly thought out.” The FCC was going through a process in determining the rates and as we know, it has not yet reached a decision. This issue will all boil down to the facts at hand, not emotion.

Dr. Z cares about your communication access and how public monies are being spent.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

(UPDATE) It has been brought to my attention that VRSCA is indeed funded by Sorenson. Go to this link.

Editorial #49-CSDVRS (ZVRS) Files Letter and Ex Parte to FCC Refuting Sorenson’s Assertions

CSDVRS has filed a letter and met with the FCC in an attempt to refute Sorenson’s assertions in their recent filings and ex parte meetings with the FCC. Sorenson has met with the FCC a number of times very recently with several lawyers, one from a high-powered law firm (Skadden, Arps) and 2 from their usual law firm (Lawler, Metzger) and their in-house counsel.

CSDVRS asserts that the tiered structure has worked very well in the past few years, countering Sorenson’s argument that multiple tiers are “inequitable.” CSDVRS also disputes Sorenson’s assertion that servicing debt is a standard function of doing business, only because they are using this debt to reward their investors, and not to offer better services to deaf and hard of hearing people, among other things.

You can read CSDVRS‘s letter at the following link, along with their ex-parte filing at this link.

The following lists the links to Sorenson‘s ex parte filings and other filings for the recent week or so:

link Ex Parte #1 (6/9/10)
link Ex Parte #2 from Sorenson’s Investor (Madison Dearborn Partners) (6/8/10)
link Ex Parte #3 (6/4/10)
link Ex Parte #4 (6/4/10)
link Application for Review (6/4/10)
link Ex Parte #5 (6/3/10)
link Ex Parte #6 (6/2/10)
link Ex Parte #7 (5/26/10)

Dr. Z is choosing not to comment on the ex parte filings by Sorenson. They are quite self-explanatory.

Dr. Z cares about your communication access and how public monies are being spent.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.

Ask Dr. Z–Will my laptop with the Z4 work while I travel?

Dr. Z has crisscrossed the country the past few weeks and he did this last November and December conducting town hall meetings.

This is to give you an insight into how one deals with all kinds of wifi connections and wired connections while traveling on the road.

The Z4 is a blessing–Dr. Z uses it often to make relay calls and calls his wife every day to check on her while he travels. He has never experienced the freedom to communicate he has had in the past and to be able to talk with his wife and see her everyday on the road is a life changing event, indeed.

But–the wired and wifi world is not perfect–here are some patterns for you to consider. First of all, in a perfect world, with a good connection, a video call works beautifully.

The truth of the matter is that wifi or wired connections on the road do not always give you the necessary bandwidth to experience high quality video communication.

Some airports are better than others. Some hotels are better than others. Some hotels within the same chain vary greatly in quality. What Dr. Z has noticed that in many hotels, the internet connection is much worse at night when everyone else in the hotel uses internet and shares the single line that comes into the hotel.

The same is true with the mifi (3G/4G) or Sprint Overdrive. Sometimes a 3G signal works very well, sometimes it doesn’t. Sometimes a 4G connection works fantastically, sometimes it doesn’t. Do not blame it on your computer or the z4–blame it on the poor quality of internet connections.

Some McDonald’s or Starbucks have better wifi connections than others. Dr. Z has had better experience with Barnes and Noble–they seem to have the best connections anywhere.

The bottom line is–if you find your connection not too good–move to another place–move closer to the lobby in the hotel, move to another McDonald’s or Starbucks.

Most of the time, the connection is good for browsing on the internet–but when it comes to making a video call–it varies greatly from one place to another.

Dr. Z is confident that over time, we will continue to experience better internet connections. Remember, hearing people do have problems with their cell phones. Some places do not give you a good connection, others do….its the same with a video call.

But Dr. Z loves his Z4 to death–its the best invention since sliced bread (or the wheel.)

Dr. Z cares about your communication access.

Editorial #48-Sorenson Files Ex Parte-Discloses Financial Information to FCC

Dr. Z posted an editorial (#47) yesterday indicating Sorenson has yet to disclose its books to the FCC, based on recent ex parte filings. However, it has come to Dr. Z’s attention, by a RSS feed from the FCC website today that Sorenson has filed several documents in an ex parte filing and among these, they are disclosing their financial information to the FCC. (link to ex-parte) The timing of this ex parte filing happened just after Dr. Z put up the other editorial (#47) on this matter and this is intended to clarify things.

Dr. Z reserves judgement as to whether the disclosed information is what the FCC needs to validate their filing on costs to NECA.

One of the more interesting documents in the filing is documentation by Moelis and Company, a restructuring and investment banking firm retained by Sorenson. It indicates, among other things, that if the rate were to stay at $3.89, it does create a situation where Sorenson may need to declare bankruptcy. But it seems to assume that they will continue to distribute the equipment free of charge, which is an option they choose to make even it creates a condition for bankruptcy.

Dr. Z wants to set the record straight immediately so that everyone has access to facts in a timely fashion.

Dr. Z cares about your communication access and how public monies are being spent.

Disclosure: Dr. Z is a contractor working with CSDVRS on several projects.