National Association of the Deaf

Dear Chairman Powell, Commissioners Abernathy, Martin, Copps, and Adelstein,

It has come to our attention that you may be making a ruling shortly on the issue of VRS waivers and the rate paid for VRS service.

While such waivers are not intended to be long-term nor permanent, this issue requires serious review to ascertain functional equivalency, using the open forum approach which has yet to happen.

The NAD will not support any long term waiver and therefore ask that the FCC expeditiously address the VRS issues including the reimbursement rate and answering speed issues. We believe VRS should be a mandatory service.

Congress defined relay services to mean “telephone transmission services that provide the ability for an individual who has a hearing impairment or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an non disabled individual using voice communication services including the telephone.”

It is critical that the FCC does everything it can to ensure that relay services come as close as possible to functionally equivalent. The key phrase in this definition is the term “functionally equivalent.” For many deaf and hard of hearing individuals, VRS is the closest form of functional equivalent services as is possible for today’s technology. VRS is still far from true functionally equivalent but, is for many deaf and hard of hearing individuals, far closer than any other form of relay services.

Accordingly, the NAD respectfully requests that the FCC do everything in its power to support the growth and development of VRS. We believe that this action is not only necessary, but also mandatory if the FCC is to comply with Congress’ expectation that relay services be functionally equivalent. Anything short of expeditious action to support the growth and development of VRS by the FCC would continue to segregate deaf and hard of hearing individuals from the services that are currently available for non-disabled individuals.

Established in 1880, the NAD is the oldest and largest consumer-based national advocacy organization safeguarding the civil and accessibility rights of 28 million deaf and hard of hearing individuals in the United States of America. The mission of the National Association of the Deaf is to promote, protect, and preserve the rights and quality of life of deaf and hard of hearing individuals in the United States of America. The NAD works closely with deafness related national organizations and is a member of several coalitions representing the interests of deaf, hard of hearing, late deafened and deaf-blind individuals.

Sincerely,

Kelby N. Brick