Author Archives: pbravin

CSDVRS, LLC (ZVRS), Purple and Snap File Request with FCC Regarding Sorenson's Refusal to Make its Equipment Comply with Standards for Caller-ID

This “cease and desist” request was filed with the FCC on June 16, 2009. In order for all videophone equipment to communicate with each other, such as Z150 with VP200, or Purple MVP with OJO, they must follow standards or “international rules” that the industry agrees on to make equipment talk to one another. This standard is called H.323.

For example, for cell phones, if an user using an ATT cell phone calls another user with a Verizon cell phone, they can talk with each other and a Verizon cell phone can see the Caller-ID of the ATT cell phone. With videophones, all videophones except the VP-200 can see the Caller-ID of the other videophones because they follow the H.323 standard. In this request, CSDVRS, LLC (ZVRS) Purple and SNAP are asking the FCC to put the Caller-ID in the right place so other videophone equipment such as the Z150, MVP or the Ojo can see the Caller-ID information. If the VP-200 does not show the Caller-ID to an agent (VI) who works for CSDVRS, Purple or SNAP, then the agent cannot make the Caller-ID available to a videophone. If you use a VP-200 to call another VP200, the VP-200 user can see the caller-ID. This is not “fair” or to use a legal term not “functionally equivalent” because a non VP-200 phone cannot see the Caller-ID of a VP-200.

To see a copy of the request:

http://fjallfoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6520222403

Sorenson responded on June 26, 2009 stating the following:

1) that it complies with all relevant rules governing Caller-ID
2) that it has proposed a standard that would allow providers to share calling party information
3) its method for passing calling party information is consistent with the interoperability ruling
4) Caller-ID has no impact on emergency calls or on registration requirements

To see a copy of Sorenson’s response:
http://fjallfoss.fcc.gov/prod/ecfs/retrieve.cgi?native_or_pdf=pdf&id_document=6520223353

You need to read both filings, the filing of the request from, CSDVRS, Purple and Snap, and the reply from Sorenson to draw a conclusion.

As of July 23rd, 2009, the FCC has not yet acted on the request from CSDVRS (ZVRS), Purple and Snap. o

What is meant by the term "functionally equivalent" as defined by the FCC? (NEW)

The term “functionally equivalent” is one of the most important definitions in the FCC rules that govern the relay services (both TRS – Telecommunications Relay Services and VRS-Video Relay Services.)

The definition means that whatever services hearing person gets by using their phones, deaf and hard-of-hearing persons should get the same services. The word “same services” also means “functionally equivalent” when we talk to lawyers (they like big words, while we usually don’t.)

Below is the copy of the FCC rules (don’t worry about trying to figure it out what it is trying to say, Dr. Z will explain it as best as he can below):

Under FCC TRS Rules 47 C.F.R. § 64.601, paragraph 15 has the following definition that forms the basis for “functionally equivalent” services:

“Telecommunications relay services (TRS). Telephone transmission services that provide the ability for an individual who has a hearing or speech disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communication services by wire or radio…”

This means, what a hearing person has, we as deaf and hard-of-hearing people are entitled to the same thing. Like, picking up the phone, a hearing person gets dial tone. For us, when we “pick up the phone” by dialing, we get an agent. A hearing person does not have to wait for dial tone. We should not wait too long for a dial tone. The FCC has rules saying that 20 seconds should be the maximum wait time for a call to be answered by the agent.

The rules also say that the equipment should be maintained to be sure it is working most of the time, with back-up equipment available and provided by the relay company, like a phone company does it for the hearing community.

This is the result of implementation of the Americans with Disabilities Act. Title 4 of the ADA states,  in part, for the FCC to do the following:

“- require that telecommunications relay services operate every day for 24 hours per day;

– require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination;

– prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services;

– prohibit relay operators from disclosing the content of any relayed conversation and from keeping records of the content of any such conversation beyond the duration of the call; and

– prohibit relay operators from intentionally altering a relayed conversation. ”

In sum, the ADA made TRS and VRS legal and we stand to benefit from the service.

Week of 7/19/09-Episode #4 (VLOG)

The first person every week who guesses the location of where Dr. Z correctly will receive a $5 Starbucks or Target gift card. We will post the name of the winner every week on this site. The winner of Episode #3 will be announced after confirmation sometime this week. The place was San Antonio, Texas.


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10 Observations of What Life for Deaf and Hard of Hearing People Was Like 10 Years Ago

1. Talking at 20-40 words per minute (we now talk at 120 words per minute or faster)

2. For deaf people, we communicated in a language we felt uncomfortable with

3. For deaf people, we used a keyboard to communicate, instead of using sign language

4. We had to use 711 to make a relay call, instead of a normal 10-digit number like we do today

5. We got hung up more often because the other party had to say “GA” (go ahead) during the call.

6. Hearing people hated to receive text relay calls because it was so slow.

7. We did not know what the operator (agent) said to the hearing party (the call was not visible and we see everything with VRS)

8. We either had to pay several hundred dollars for a TTY device or got them for free or a reduced cost from state distribution programs.

9. It was hard for us to get the “emotions” of the hearing person who we were calling.

10. There were a few deaf and hard-of-hearing employees working in the relay services business. (compared to what we have now.)

We all should bear in mind that the TTY is still a very useful device for those who still use it and need it today. Especially during power outages, the TTY is still a device that can communicate over phone lines. Also for E911, the TTY still works in an integrated mode with the 911 systems out there.

If you have other thoughts to add, use the comments below and Dr. Z will make another update if there are enough comments coming our way.

10 Things Every Deaf and Hard-of Hearing Person Should Know About Fraud in VRS

The following are examples of fraud in the VRS industry–these are examples of manufactured minutes–minutes that are being billed which should not be billed:

1. Extending a call when it ends to generate more minutes. A call stops billing when the hearing person or the deaf person hangs up.

2. Doing surveys for a VRS company using deaf people working for a relay company surveying hearing people with a VI. (video interpreter)

3. Using privacy screens during an active call in process (except for voice-carry over situations)–this prevents the interpreter from knowing whether the deaf and hard-of-hearing person is participating in a call.

4. Processing calls in the same location – this is explicitly disallowed by the FCC as this is not a relay call, it is an interpreting situation. This is when a deaf or hard-of-hearing person should use VRI (Video Remote Interpreting)

5. Using deaf employees of a relay company to do telemarketing for an hearing company.

6. Expecting people to make calls as a condition of getting new phones.

7. Scheduling calls in advance by using advance reservations.

8. Fake or improper interpreting.

9. Paying someone to make a call to a relay provider.

10. International to international calls. This is not allowable. All calls must begin (originate) or end (terminate) in the United States in order to be billed.

Week of 7/12/09 (VLOG)

The first person every week who guesses the location of where Dr. Z correctly will receive a $5 Starbucks or Target gift card. We will post the name of the winner every week on this site.


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Editorial #1-“Let’s “Do the Right Thing”

Let’s “Do the Right Thing
An Op-Ed Editorial from Dr. Z

With what has been occurring in the VRS industry of late—it is time for us to “do the right thing.”

There are many ways to do it right—and that includes stepping forward to tell the world one has a list of things we will stand by when we do our work. That is putting forward a code of ethics. ZVRS has stepped forward, put one on its website for all to see, an internal code of ethics which they have observed for some time. They did so voluntarily, and in addition, asked other VRS providers to do the same or adopt ZVRS’s code of ethics. This is the link  (link no longer working) to the code of ethics for ZVRS on their website.

The code of ethics lists things that need to be done right, such as:

– ensuring all relay calls be “functionally equivalent”, meaning handling calls the same way a hearing person makes a call

– ensuring the privacy of all calls, meaning the content and information of any calls are not shared with anyone else, except the caller and the person receiving the call

– billing the FCC (NECA) for each minute of interpreted phone call, not for the time the interpreter sets up and concludes the call, but between the time the other person picks up the phone and hangs up

– not making calls to generate more minutes–this is called manufactured minutes. Many examples are listed under “impermissible activities” under the code of ethics. ZVRS will only process calls made by people who want to make calls, not urging people to make unnecessary calls so that more minutes can be generated.

– in marketing the VRS service, ZVRS will make people aware of the benefits of using our service and explore the unique benefits and products of ZVRS, not to make more calls than necessary.

– implementing a whistle-blower policy so that any employee who sees things not being done right to feel free to come forward and bring this to the attention of management without having to worry about being punished or the like.

Also, all current ZVRS employees have signed on to the code of ethics since January, 2009 and all new employees will be required to do so.

All this is commendable and as a person who has been with the industry since its inception, I commend ZVRS for stepping forward with this. I hope other VRS providers will step forward doing the same thing—to show the world they will do their work ethically. Some providers have yet to come forward with their code of ethics.

There are more ways to do things right with VRS.

What about all VRS providers setting up more dialogue so that all phones can communicate with one another following internationally-set standards? Sorenson’s refusal to provide caller ID is an example according to recent FCC filings.

If people do not want to work together the way ZVRS wants to do so, what will it mean for the future of the VRS industry?

The answer is simple—step up and “do the right thing.” This is my challenge to all VRS providers.

 

Click to comment.

Note: Dr. Z (Philip Bravin) is a consultant with ZVRS. The above is an op-ed which reflects the independent opinion of Philip Bravin.

Is ZVRS covered under HIPAA? Does it protect PII and PHI? What is HIPAA? What is PHI and PII?

Is ZVRS covered under HIPAA? Does it protect PII and PHI? What is HIPAA? What is PHI and PII?

ZVRS is not a covered entity under HIPAA (a health care provider, health insurer, or health care “clearinghouse”) nor does ZVRS maintain health records of any sort. As such, the short answer is that HIPAA, PHI, and PII are not applicable to ZVRS.

ZVRS’s VIs are trained to be dial tones (communication facilitators) and nothing more. They keep no records (except temporarily for 911 calls), and are absolutely prohibited from disclosing the contents of any calls. It is up to the doctor/insurer/health care provider on a VRS call to make sure that they are HIPAA compliant and not at odds with the law. ZVRS’s video interpreters are strictly bound by the confidentiality requirements of Section 705 of the Communications Act.

What is HIPAA? It is an acronym for the Health Insurance Portability and Accountability Act of 1996. It allows people like you to carry their health information from job to job and also makes sure all information is the same (forms and codes). Because there is increased risk about making information about your health public, it has protections built in to protect the information.

What is PHI? Protected Health Information is made up of all forms of health information: oral, electronic, print, and video – everything from hallway conversations to e-mails.

What is PII? PII Is Personally Identifiable Information which is information about a person–his/her name, social security number, date of birth and so forth.