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Order CRTC 2001-163
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Ottawa, 26 February 2001 |
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Access to Microcell's Fido-related service by persons who are blind
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Reference: 8620-S49-02/00
- 8638-C12-49/01 |
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The Commission directs Microcell Connexions Inc. to ensure that
information on the rates, terms and conditions of the Fido-related
service is made available, upon request, in alternative format to persons
who are blind. |
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The Commission also directs all other Canadian carriers to show cause
why they should not have a similar obligation to make available such
information in relation to all their retail telecommunications services
(wireless or wireline). |
1. |
On 29 June 2000, Mr. Chris Stark filed an application, under Part VII
of the CRTC Telecommunications Rules of Procedure, requesting that
the Commission order Microcell Solutions Inc. (Solutions) to provide
equitable service in the provision of its Fido line of wireless
telephones to persons who are blind. Mr. Stark submitted that he
encountered a number of access barriers which prevent him from fully
utilizing the Fido-related service, and requested a number of Commission
orders with respect to the provision of Fido services by Solutions. |
2. |
Mr. Stark requested that the Commission require that Solutions: |
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a) sufficiently train its staff to ensure that they can address the
needs of customers who are blind; |
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b) make its web site accessible to persons who are blind by conforming
to the W3C Consortium World Web Site accessibility standards; |
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c) offer a wireless handset that is fully accessible to persons who
are blind within six months by: |
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- requiring that the keypads on all its wireless handsets can be
easily operated by touch and contain tactile orientation features
(i.e., different shaped function keys with a raised pip on the number
five, concave key shape and sufficient spacing between keys); and
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- providing persons who are blind with the capability of knowing when
they are on-line, when the call has been disconnected upon completion
and how much time has been used;
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d) ask its dealers and distributors to provide information about
Fido-related services and options for persons who are blind; |
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e) make all Fido-related manuals, connection information and other
publications available in alternative format in order that customers who
are blind or have low visions could fully utilize the features and better
manage costs; |
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f) clarify its policies with respect to directory-assistance charges
for persons who are blind because it is not clear whether Solutions
exempts such charges for blind persons; |
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g) make all Fido-related bills and related information available to
customers who are blind in an alternative format of their choice, on the
same basis, at the same time and under the same terms and conditions as
printed bills are made available to sighted customers; and |
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h) eliminate the requirement that customers who are blind obtain
certification from a physician in order to receive billing information in
alternative format. Mr. Stark argued that such a certification is
discriminatory. He also requested that the letter and form, used for
certification by the physician, should be available in electronic format. |
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Position of parties
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3. |
On 31 July 2000, Microcell Telecommunications Inc. (Microcell)
responded, on behalf of Solutions, to Mr. Stark's application. Mr. Stark
filed reply comments on 3 August 2000. The Commission issued
interrogatories, to which Microcell responded on 20 and 22 October
2000. Mr. Stark commented on Microcell's responses. Additional comments
were received from Microcell and Mr. Stark, on 30 October 2000 and
31 October 2000, respectively. |
4. |
Microcell stated that notwithstanding that Solutions is not a Canadian
carrier, as defined in the Telecommunications Act (the Act) -- and
therefore not directly subject to the Commission's outstanding orders --
it is nonetheless complying with both the letter and spirit of the
standards established by the Commission. |
5. |
Microcell also stated that, while Solutions serves its customers who
are blind in an appropriate manner, it will implement a customer service
program better designed to meet the needs of disabled customers and
addressing many of the concerns raised by Mr. Stark. Enhanced access
services will include: |
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· the availability of customer service staff to address various
aspects of service for disabled customers, such as the provisioning of
billing and other readily available information in alternative formats;
and |
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· the ability to meet with sales staff and/or technicians at retail
outlets to review various aspects of Fido service (e.g., choice of
handsets, appropriate service plans) and assistance with programming
handsets. |
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Customer service
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6. |
Microcell stated that while Solutions' staff is well trained, it will
ensure that its training packages are modified to include information
about services and options for persons who are blind. This information
will be available at all of Solutions' 2,600 distributors. |
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Mr. Stark reiterated that he did not receive adequate service. |
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Billing information
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7. |
Microcell stated that since June 1999, Solutions has made billing
information available in braille, large print or on computer diskette,
has procedures in place to address such requests, and has provided these
services to other customers in an apparently satisfactorily manner. |
8. |
Microcell submitted that certification of blindness is necessary in
order to prevent abuses. However, Microcell stated that Solutions will
modify its existing policy and accept any other easily obtainable proof
of blindness if submission of the requested form poses a problem for a
customer. Microcell also stated that Solutions is prepared to provide the
certification form on computer diskette or adopt other measures necessary
to ensure that persons who are blind are aware of the process.
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9. |
In reply comments, Mr. Stark argued that Microcell's medical
certification requirement is unnecessarily stringent. He stated that
other forms of proof of blindness (such as those used to qualify for
reduced fare and free transportation) should be sufficient to prevent the
types of abuses noted by Microcell.
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Fido publications
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10. |
Microcell stated that it provides certain information to blind
customers, such as Fidomatic service brochures and any available
manufacturers' user guides, in alternative format. |
11. |
Microcell stated that Solutions is willing to provide, upon request,
whatever information it can to accommodate blind and other disabled
customers. However, Microcell stated that not all the information is
readily available from its wireless handset suppliers. Only one handset
manufacturer provides all of the alternative formats (mentioned above),
one other can provide braille user guides in English only, and the
remaining suppliers rely primarily upon electronic format to provide user
documentation. |
12. |
Mr. Stark reiterated that it is important that all Fido-related
publications that describe the services and service options, are
available in alternative format in order that customers who are blind can
easily verify which handset-service package best meets their needs. He
argued that Solutions could readily make available all publications,
including the Fido-related manuals, in alternative format since the costs
involved would be insignificant since Solutions could easily make a copy
of the electronic version available to him before it is sent to the
printer.
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Web site
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13. |
Mr. Stark stated that he was unable to use Solution's web site with
his accessibility screen reader software.
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14. |
Microcell stated that all the information contained in its web site is
available to disabled customers either at the Fido point of sale or by
telephone via Solutions' customer sales representatives or in many cases
in alternative format through mailings.
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15. |
Microcell also submitted that the provision of information over a web
site does not constitute a telecommunications service under the Act, and
therefore is not contemplated by section 27(2) of the Act.
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16. |
Microcell stated that in 2001, Solutions will release a wireless
portal which will provide advanced Internet-based services by enabling
users to configure their web interface to receive personalized data
through their handset.
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17. |
Microcell submitted that since its web site and wireless portal were
designed by using image and frame-based technologies (rather than simply
text-based technology), compliance with the W3C standard would
necessitate an entire rebuilding of these sites, and would entail
substantial costs. Microcell submitted that web designers generally agree
that achieving compliance with the W3C standard or any other similar
standard must be taken into account at the outset of developing a web
site and that it would be extremely difficult to transform an existing
web site into a compliant one. Microcell submitted (in confidence) the
costs involved in developing the web site and wireless portal, as well as
estimates of the cost of making such sites compliant with the W3C or
similar standard. Microcell also submitted that development of another
distinct site solely for persons who are blind would involve similar
development processes and incremental costs as re-building the existing
site.
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18. |
In reply comments, Mr. Stark argued that the web site service is
broadcasting subject to the Broadcasting Act. He requested that
the Commission order that Solutions not introduce its new web site and
wireless portal until it is accessible by persons who are blind. While
acknowledging that retrofitting an existing web site is an expensive way
of achieving accessibility, he argued that Solutions should not be
permitted to avoid these costs as a result of negligence in the original
planning and construction.
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Keypad
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19. |
Microcell submitted that all of the handsets marketed by Solutions
feature a raised pip to identify the number five key for orientation
purposes, and that many of the models have different shaped function
keys. Also, Solutions offers technical assistance to all of its customers
upon request to, among other things, increase familiarity with their
handset models. However, handsets with greater spacing of buttons on the
keypad are not available from suppliers since the current trend among
manufacturers is to develop smaller, more compact units which facilitate
portability.
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20. |
Mr. Stark stated that the fundamental issue is not key size or the
size of the phone, but rather the inclusion of capacity for visual and
tactile operation in the development and design of handsets. He submitted
that the Commission should require accessible cell phones with audio echo
technology to be offered by 2002.
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Handset screen prompts
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21. |
Mr. Stark stated that since there is no dial tone, blind persons are
unable to know with confidence whether a call is still connected, whereas
sighted customers obtain such information from the handset screen. Since
Mr. Stark is unable to read the information contained on the handset
screen, he is unable to monitor the time of calls, and therefore cannot
manage his usage costs in the same way as sighted customers.
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22. |
Microcell stated that none of its handset suppliers have developed a
model which would allow a customer who is blind the same degree of access
to on-screen information as a sighted customer. Microcell also stated
that, according to consultations with its leading handset manufacturer,
there is currently no practical mechanism for translating information
that appears on the handset screen into alternative format. Therefore,
Microcell submitted that any difference in the level of service
experienced by Mr. Stark is justified in light of current technological
and marketplace realities, and that compliance with an order to provide
the requested functionality would not be possible.
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23. |
Microcell stated that, while much of the information provided
on-screen would not constitute a telecommunications service under the
Act, Solutions will nonetheless provide disabled customers with technical
assistance to program as many of the features as possible into the
handset.
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24. |
Mr. Stark responded that audio echo technology exists which would make
on-screen information, such as the monitoring and timing of calls,
available to customers who are blind.
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Connection and usage information
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25. |
Regarding Mr. Stark's request that Solutions provide a way for blind
customers to know when they are on-line and when the call has been
disconnected (upon completion), Microcell stated that Mr. Stark's handset
is equipped with an END key, which gives an auditory signal when pressed,
is shaped differently from the other keys and is located at or near the
top of the handset keypad. Pressing the END key will let the customer
determine when the handset is on-line. A customer can also press the END
key upon completion of a call to know that the call has, in fact, been
disconnected. Furthermore, if the other party disconnects before the
customer, the call is terminated and no further time usage is incurred by
the Solutions' customer. Microcell stated that it has confirmed with
handset manufacturers that the auditory signal of the END key is
currently the only available method for blind customers to determine that
the handset is on or off-line, but that improved notification methods
will be forthcoming with synthetic speech technology.
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26. |
With respect to usage information, Microcell submitted that customers
such as Mr. Stark could opt to use Solutions' prepaid calling card
service (Fidomatic) to monitor time usage by obtaining information in
voice format. With Fidomatic, an interactive voice response (IVR) system
is available to permit customers to inquire about their account balances,
refill their account with a voucher or credit card and modify their
Fidomatic access code. A Fidomatic customer can dial "*46" free
of charge for direct access to the IVR main menu. In addition, if there
are fewer than 15 days left before the account balance's expiration,
customers will hear a message warning them of the impending expiration.
If a Fidomatic customer's account balance is under five dollars, the
customer will hear a message (at the beginning of the call) indicating
the remaining account balance as well as the rate of the current call.
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27. |
Mr. Stark stated that Microcell's proposed solution regarding the END
key is not adequate, since he is unable to read the word "END"
on the button. Further, he would like to know his phone function status
at all times, similar to sighted customers who have access to information
on the handset display.
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28. |
Regarding usage issues, Mr. Stark submitted that he was unable to
obtain a pamphlet on Solutions' prepaid Fidomatic IVR service in a format
that he could read. Further, he submitted that, similar to sighted
customers, he should be able to choose among the range of accessible
services, and not have to make specific inquiries with respect to usage.
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29. |
Mr. Stark stated that since Solutions has not submitted evidence that
it has worked with manufacturers to solve this problem, the Commission
should require it to file reports on its efforts to make handset screen
information accessible, and that these reports be filed semi-annually
until the Commission is satisfied that the access goal has been achieved.
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Conclusions
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General
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30. |
Mr. Stark's application was based on his allegation that he
encountered a number of access barriers to his being able to fully use
and benefit from Solutions' telecommunications services. He claims that
he does not have equal access to the telecommunications services offered
by Solutions, as compared to the services received by customers with
sight.
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31. |
The Commission has examined Mr. Stark's allegations pursuant to its
jurisdiction under sections 27(2) and 24 of the Act. |
32. |
Section 27(2) of the Act provides that: |
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No Canadian carrier shall, in relation to the provision of a
telecommunications service or the charging of a rate for it, unjustly
discriminate or give an undue or unreasonable preference toward any
person, including itself, or subject any person to an undue or
unreasonable disadvantage.
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33. |
Pursuant to section 27(4) of the Act, the burden of establishing that
any discrimination is not unjust, or any disadvantage is not undue or
unreasonable is on the Canadian carrier. |
34. |
According to section 24 of the Act: |
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The offering and provision of any telecommunications service by a
Canadian carrier are subject to any conditions imposed by the
Commission or included in a tariff approved by the Commission.
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35. |
The Commission notes that Solutions resells the services of Microcell
Connexions Inc. (Connexions) under the brand name Fido. Connexions and
Solutions are wholly-owned subsidiaries of Microcell. Solutions is thus a
reseller and not generally subject to the regulatory requirements in the
Act (e.g., to file tariffs). Connexions is a Canadian carrier, subject to
the Act. As a competitive local exchange carrier (CLEC), Connexions must
provide the telecommunications services it offers, other than retail
services to end-users, in accordance with a tariff approved by the
Commission. While the Commission has forborne from regulating the retail
telecommunications services provided by Connexions to end-users, the
Commission continues to exercise its powers under sections 24 and 27(2)
in respect of all of Connexions' services as a CLEC.
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36. |
In response to an interrogatory, Microcell stated that if the
Commission were to grant relief in this matter, it would be more
appropriate to direct its order against Connexions.
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37. |
Based on a careful review of all of the submissions filed on the
record of the proceeding, the Commission has reached the conclusions set
out below.
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Staff training
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38. |
The Commission notes that Solutions is modifying its training packages
to provide all of its 2,600 distributors with information on processing
requests for information on the service options available to persons who
are blind. Solutions will also provide an enhanced access service which,
among other things, will enable persons who are blind to meet with sales
staff and technicians at retail outlets to review various aspects of Fido
service. The Commission considers that Microcell has adequately responded
to the concerns raised by Mr. Stark (e.g., assistance in choosing an
appropriate handset and service plan, assistance with programming
handsets, explanation of services available to persons who are blind) and
finds that no further action in this regard is warranted at this time.
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Service information
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39. |
The Commission considers that customers and potential customers
(customers) require sufficient information about a service in order to be
able to compare services available in the market and to make an informed
choice. In this regard, it is of fundamental importance that customers
have access to information about the rates, terms and conditions of a
service, which may change. The Commission agrees with the position of Mr.
Stark that customers who are blind are at a disadvantage as compared to
other customers by not being able to obtain, in a format that meets their
needs, the rates, terms and conditions of the service. The Commission
finds that the disadvantage is undue, contrary to section 27(2) of the
Act. Therefore, the Commission considers that Connexions should be
required to ensure that, upon request, within a reasonable period of time
and in the alternative format (i.e., braille, large print, computer
diskette) requested by a person who is blind, information be made
available setting out the rates, terms and conditions of the service.
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Billing information and directory assistance
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40. |
The Commission notes that Microcell confirmed that since June 1999
Solutions has provided billing and related information in alternative
format (i.e., braille, large print, computer diskette) in a manner that
is consistent with Telecom Orders CRTC 96-1191,
dated 29 October 1996, and 98-626,
dated 26 June 1998. On the record of this proceeding, Microcell
stated that Solutions committed to modify its certification of blindness
process and accept any easily obtainable proof of visual-impairment.
Microcell also stated that Solutions will provide the certification form
in alternative format. Microcell also confirmed that persons who are
blind can be exempted from directory assistance charges by calling
customer service.
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41. |
The Commission considers it reasonable to require some form of proof
of blindness in order to prevent abuse. The Commission finds that the
steps taken by Solutions in this proceeding address in a reasonable
manner the concerns of Mr. Stark with regard to this issue and considers
that no further action in this regard is warranted at this time.
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Fido publications
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42. |
The Commission notes that Solutions provides certain Fido service
brochures in alternative format. The Commission notes that the handset
operations manual is produced by the handset supplier, and not by
Solutions (or Microcell). On the record of this proceeding, Microcell
indicated that, based on its research, at least two of Solutions'
suppliers make the manual available in braille and that the remaining
suppliers rely primarily upon electronic format to provide user
documentation. The Commission notes that Mr. Stark sought the
documentation in electronic format. Solutions stated that where it is
available, Solutions will provide the operations manual in alternative
format upon request to customers who are blind. In addition, Solutions is
implementing an enhanced access service which will offer to customers who
are blind personal assistance to program as many of the features as
possible into the handset.
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43. |
In light of the foregoing, the Commission is satisfied that Solutions
has taken reasonable steps to address Mr. Stark's concerns, in the
circumstances of the current marketplace. However, the Commission
encourages Solutions to work with its other suppliers to make available
operations manuals in alternative formats.
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Web site
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44. |
Microcell indicated that all the information currently available on
Solutions' web site is available to persons who are blind at the Fido
retail outlets and by telephone via Solutions' customer sales
representatives. In addition, payment of monthly invoices can also be
made over the phone.
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45. |
Microcell stated that for competitive and marketing reasons, its new
web site and planned wireless portal were developed principally using
images and frames, rather than, for example, a text-based approach.
Accordingly, a complete rebuild of the entire website and wireless portal
would be required. The Commission agrees with the submission of Microcell
that there would be substantial costs and technical difficulties involved
in making its web site and wireless portal comply with the W3C
accessibility standard. The Commission notes Microcell's statements that
it is seeking to further accessibility over the long-term by supporting,
wherever possible, the incorporation of accessibility specifications in
the development stages of new products and services by manufacturers. For
example, Microcell noted that the industry is in the early stages of
exploring the feasibility of voice portals for potential integration with
other portals. This would enable content, such as stock quotes, news and
weather headlines, to be read.
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46. |
In light of all of the above, and in particular, the rapid pace of
technological innovation and the fact that the service information
available over the web site can be obtained at Fido points of sale or
over the phone, the Commission does not consider it appropriate to
require that any further action be taken at this time.
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Keypad and handset screen prompts
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47. |
The Commission notes that all of the handsets marketed by Solutions
contain a raised pip to identify the number five key (located at the
center of the keypad), and that many of the handsets contain differently
shaped function keys that can facilitate orientation for a person who is
blind. Also, Solutions provides technical assistance to persons who are
blind, either over the phone or at Fido sale locations.
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48. |
The Commission considers that the concerns raised by Mr. Stark with
respect to key orientation have been adequately addressed.
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49. |
Regarding Mr. Stark's concerns with respect to key spacing, the
Commission notes Microcell's submission that Solutions would not be able
to comply with such an order since none of the manufacturers that supply
it offers a handset with widely spaced keys. The Commission also notes
that, in reply comments, Mr. Stark revised his position and stated that
the issue is not one of key size or size of the phone, but rather that
wireless phones should be required to have audio echo technology so that
the function key and screen information would be readily available to
persons who are blind.
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50. |
According to Microcell's submissions, handset suppliers have not
developed a model that is capable of translating the digital data that
appear on the handset screen into voice prompts. However, Solutions will
provide disabled customers with technical assistance to program as many
of the features of the handset as possible.
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51. |
Given the current state of handset technology that is widely and
practicably available, the Commission considers that it would be
unreasonable to require Microcell to offer handsets that the company
submits are not available in the marketplace. In the circumstances, the
Commission considers that no further action is warranted at this time.
However, the Commission encourages Microcell to work with manufacturers
to develop handsets that would be accessible by persons who are blind.
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Connection and usage
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52. |
The Commission is satisfied that there are a number of adequate ways,
such as using the END key, in which a person who is blind can determine
when the handset is on-line and when the call has been terminated, and
considers that the remaining issue is whether or not customers who are
blind can adequately monitor time usage. |
53. |
The Commission accepts Microcell's submission that current technology
for handset and network design limits the extent to which alternative
methods, such as voice prompts, could be used to enable customers who are
blind to monitor the duration of calls and time usage. |
54. |
The Commission notes that customers who seek to be able to monitor
time usage through voice prompts may do so by obtaining the prepaid
Fidomatic service with interactive voice response for account management
and other features, such as voice messages providing advance warning of
account expiration and low account balances. The Commission recognizes
that the per-minute rates for this type of service are higher than the
rates for the postpaid monthly service; however, the higher rate reflects
the specific features of the Fidomatic service.
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55. |
In light of the foregoing, the Commission considers that no further
orders are warranted at this time.
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Relief granted
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56. |
In light of the above, the Commission grants the relief sought by Mr.
Stark in relation to the provision of service information in alternative
format. Accordingly, pursuant to section 24 of the Act, the Commission
directs that, as a condition of offering and providing service to a
customer who resells the service to end-users under the brand name Fido,
Connexions must ensure that its customer (e.g., Solutions) makes
available upon request and within a reasonable period of time,
information in the alternative format (i.e., braille, large print,
computer diskette) requested by a person who is blind, setting out the
rates, terms and conditions of service. Connexions is directed to include
in its applicable CLEC tariffs and/or agreements with Solutions a
condition requiring that the Fido service provider ensure that it makes
available upon request and within a reasonable period of time, in the
alternative format requested by a person who is blind, information
setting out the rates, terms and conditions.
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Show cause proceeding
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57. |
The Commission directs all Canadian carriers to show cause within 45
days of this order why the Commission should not impose, as a condition
of the offering and provision of any telecommunications service to an
end-user or to an affiliate that resells the carrier's service to an
end-user, the requirement that the carrier shall make available, or
ensure that the reseller make available, upon request, within a
reasonable period of time and in the alternative format (i.e., braille,
large print, computer diskette) requested by a person who is blind,
information setting out the rates, terms and conditions of the service.
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Secretary General
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This document is available in alternative format upon request and
may also be examined at the following Internet site: http://www.crtc.gc.ca |