SAN FRANCISCO BAY AREA
NETWORK ON DISABILITY (SF BAND)

Other Activities conducted on behalf of the Bay Area Network.

[Problems with the new Electronic Signatures Law>]
[Congressional Hearing on ADA and the Internet  NEW ITEM]
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State Initiatives on Web Accessibility and Universal Design ]
[Digital Divide with Jonathan Young ]
[California Public Utilities Commission]
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California Public Utilities Commission and Local Phone connections to the Internet

In May, 1999, we learned that the California PUC was to decide on a case that might cause an increase in Internet rates in California

There's been some news coverage this week of an important case pending before the California Public Utilities Commission that's likely to impact the cost of Internet connectivity for all Californians. The case stems from deregulation of the phone industry, which put in place a set of complex rules that establish a system for phone companies to charge one another for completion of each other's calls. Currently, when someone logs on to the Internet via their local Internet service provider (ISP), that call is considered a local call. Now the PUC is looking at whether to reclassify Internet calls as long distance calls. If they decide to do this, ISPs will no longer receive income for completing those calls. This loss of revenue, which will be substantial, is likely to force ISPs to raise their prices.

SF BAND RESPONDS:


Subj: COMMENT ON: Reclassification of Internet calls as Long Disance
Date: 99-06-01 20:38:23 EDT
From: JEANNANDI
To: public.advisor@cpuc.ca.gov, commissionerduque@cpuc.ca.gov

To the Public Advisor and Commissioner Henry M. Duque
Pacific Utilities Commission
COMMENT ON: Reclassification of Internet calls as Long Disance

Dear Members of the PUC:

We are a large group of active users of the internet located in the San Francisco Bay region. Our membership consists of persons with disabilities and their friends and families. We have found the internet to be a really important means by which we can communicate with each other and with the outside world. Through these communications we have been able to educate ourselves about resources available to us for developing skills, finding work, advocating for ourselves and others not so fortunate to be so interconnected through the world wide web. We have also been able to educate others about our skills and capabilities, as well as needs that must be met to enable us to lead productive, dignified lives.

Because of the importance of the internet to us, as a means to better our conditions and to find productive and satisfying activities, we resist all attempts by government to regulate away our full access to this new medium. Because we are disabled, many among us are of very limited means or downright poverty stricken, and potential increases in internet costs are a serious threat to our well being and even livelihoods in some cases.

For these several reasons, we urge you NOT to take a step which will potentially add new costs to our acquisition of internet services. This is not a trivial matter in the lives of many persons with disabilities here and elsewhere across the country. We are convinced that reclassification of our local internet calls will result in revenue losses to our Internet Service Providers, and as a consequence they will be forced to raise their user rates.

Sincerely Yours,
Jean Nandi, Chairperson
San Francisco Bay Area Network on Disability (SF BAND)
http://disweb.org/sfband/
jeannandi@aol.com
1529 Josephine St.
Berkeley, CA 94703-1168
phone: (510) 845-8236


BILLING DECISION POSTPONED, THEN TEMPORARILY SET ASIDE

From: jeannandi@aol.com
Date: 6/4/99 11:53 AM
Subj: Puc puts off billing decision
Source: Oakland Tribune


Friday June 04, 1999
By Eve Mitchell Business Writer

SAN FRANCSICO -- The state Public Utilities Commission delayed voting Thursday on a billing dispute between Pacific Bell and a competing phone company that could lead to higher calling charges for all Internet users.

Despite the delay, the key vote deciding the issue is expected to be taken Thursday, June 10.

The dispute involves whether PacBell should have to pay Stockton-based Pac-West Telecomm $50 million in so-called reciprocal billing fees involving calls made by PacBell customers to 85 Internet service providers served by Pac-West.

If the fees were eliminated, as Pacific Bell proposes, Pac-West Telecomm could pass the charges along to Internet service providers, who in turn could raise monthly fees to Web users. Legislators favoring a delay in eliminating the fees have warned that access to the Internet could be restricted, especially in rural areas if fees were canceled.

Under reciprocal billing contracts, when local calls originating from one carrier are made to a competing carrier's network, the first company has to pay the second one to terminate the call. Such contracts are required under the Telecommunications Act of 1996.

Pac-West contends that local calls placed by PacBell customers to ISPs served by Pac-West should qualify for the same kind of reciprocal billing that applies to local voice calls. PacBell disagrees, arguing that only local voice calls should qualify and that Internet calls should be treated as long distance calls, given that they could end up anywhere in the world.

If the PUC ends up siding with PacBell, PacBell could argue that it doesn't have to pay reciprocal billing fees to other competing phone companies that serve ISPs, said David Simpson, outside counsel for California Internet Service Providers Association.

If that happens, then local phone companies would have to charge higher rates to ISPs that in turn might pass on those costs to Internet users.

The two proposals before the commissioners could possibly prompt the board to review a PUC position made last October that determined Internet calls are local, not long-distance. PacBell is appealing that decision.

In one proposal, an administrative law judge ruled that PacBell should be required to pay the disputed reciprocal billing fees to Pac-West.

But an alternative proposal made by PUC Commissioner Josiah Neeper calls for delaying a decision on the fees until a full-scale hearing involving the telecommunications industry as a whole can be held.

"The best venue for this resolution of this issue is not in an arbitration proceeding but rather in (a public forum)," Neeper said.

Bill Mashek, spokesman for PacBell, said the company is confident that its position that Internet calls should be treated as long distance calls will ultimately prevail if Neeper's proposal is accepted.

"(Neeper's alternative) would offer a more thorough discussion of this issue. We think the more discussion there is, the stronger our case will be," he said.

Further complicating the issue are the feds.

In February, the Federal Communications Commission classified Internet calls as long-distance. But the federal agency is reconsidering that decision, which means for now that the matter is left up to individual states.

(c) 1999 by MediaNews Group, Inc. and ANG Newspapers

AND NOW, IN Y2K, THE ISSUE AGAIN RAISES ITS UGLY HEAD

SF BAND RESPONDS AGAIN--
February 7, 2000

Richard A. Bilas, President
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102
by FAX 415/703-1758


Re: Issue 98-11-024, treating Internet calls as local

Dear President Bilas:

In reference to your unanimous vote of February 3, 2000, to review the policy that treats Internet calls as local when it comes to reciprocal fees competing phone companies pay each other for handling each other's calls, I would like to reiterate testimony which I sent you in June, 1999 when this policy was last reviewed. We feel that the Commission should let its previous rulings stand. In no circumstances should telephone-based Internet access be charged differently than any other local telephone call.

We are a large group of active users of the internet located in the San Francisco Bay region. Our membership consists of persons with disabilities and their friends and families. We have found the internet to be a really important means by which we can communicate with each other and with the outside world. Through these communications we have been able to educate ourselves about resources available to us for developing skills, finding work, advocating for ourselves and others not so fortunate to be so interconnected through the world wide web. We have also been able to educate others about our skills and capabilities, as well as needs that must be met to enable us to lead productive, dignified lives. Aside from the importance of the internet to us, many among us are of very limited means or downright poverty stricken, and potential increases in internet costs are a serious threat to our well being and even livelihoods in some cases.

For these reasons, we urge you NOT to take a step which will potentially add new costs to our acquisition of internet services. This is not a trivial matter in the lives of many persons with disabilities here and elsewhere across the country. We are convinced that reclassification of our local internet calls will result in revenue losses to our Internet Service Providers, and as a consequence they will be forced to raise their user rates.

Sincerely Yours,

Jean Nandi, Chair, San Francisco Bay Area Network on Disability (SF BAND)
1529 Josephine St.
Berkeley, CA 94703-1168
phone: (510) 845-8236; email: jeannandi@aol.com or jeannandi@able-net.net
http://disweb.org/sfband/

[TOP]
[Back to SF BAND homepage ]

CONGRESSIONAL SUBCOMMITTEE HOLDS HEARING ON THE APPLICABILITY OF THE ADA TO THE INTERNET
[See Statement by the American Federation of the Blind on the Applicability of the ADA to the Internet  NEW ITEM]

WEBWATCH Digest2 for Wednesday, February 09, 2000.
Subject: Press Release on Constitution Subcommittee Hearing
From: Kelly Ford kford@teleport.com
Date: Wed, 09 Feb 2000 08:04:20 -0800


Hi All,
Below is a press release issued by the Constitution Subcommittee on today's hearing. I haven't found a live feed as of yet but will let folks know if I do.

U.S. House of Representatives
Committee on the Judiciary
Henry J. Hyde, Chairman
http://www.house.gov/judiciary/na020800.htm

News Advisory
For immediate release February 8, 2000
Contact: Sam Stratman/Terry Shawn (202) 225-2492
Subcommittee Schedules Oversight Hearing
on Americans with Disabilities Act and the Internet

What: Oversight Hearing on "The Applicability of the Americans with Disabilities Act (ADA) to Private Internet Sites."
Subcommittee on the Constitution.
When: 1 p.m. Wednesday, February 9, 2000
Where: 2237 Rayburn House Office Building

The impact of the Internet on the American economy and the availability of new sources of information to the American people, including the disabled community and the blind, has been remarkable and liberating. There are concerns however, from the disabled community, that new advancements in Internet communication may limit access, especially to the blind, to commercial web sites.

Currently...
*** The Department of Justice has said the accessibility requirements in the Americans with Disabilities Act apply to private Internet web sites and services, and, in November, 1999, the National Federation for the Blind filed a class action law suit against America Online claiming that the matter in which AOL services are provided, violates the accessibility requirements in the ADA.

These hearings will...
*** Address the potential opportunities and pitfalls, both economic and constitutional, of extending ADA coverage to the Internet, that, without the burden of accessibility regulations and threatened ADA litigation, already provides the disabled community with vast new opportunities to retrieve information amidst a dynamic and innovative technological environment.



WEBWATCH Digest2 for Wednesday, February 09, 2000.
Subject: Re: Press Release on Constitution Subcommittee Hearing
From: love26@gorge.net (William Loughborough)
Date: Wed, 09 Feb 2000 08:55:47 -0800

The Judiciary hearings will be broadcast on the Web today. http://www.house.gov/judiciary has details. Although the guy I spoke to said they'd be in RealAudio, the site says Windows Media Player (with link for download).
[NOTE: This broadcast did not happen, due to technical difficulties--JN]

Subj: Re: Internet Hearings
Date: 00-02-06 11:07:41 EST
From: JEANNANDI


Appended is the letter I will be faxing to the committee members tomorrow, Monday, Feb. 7. Please check the websites in the letter and my hompage for information on our California activities.
Yours,
Jean Nandi
http://members.aol.com/jeannandi/HOMEPAGE/JEANHOME.HTML

February 7, 2000

The Honorable Charles T. Canady, Chairman
House Judiciary Committee
Subcommittee on the Constitution
2432 Rayburn House Office Building
Washington, DC 20515
By FAX: 202-225-2279

Subject: 02/09/00 Hearing, applying Title III of the ADA to the Internet

Dear Chairman Canady:

I represent several hundred persons with disabilities who have successfully networked via the Internet, educating each other in the skills of living with our disabilities and in advocating for our civil rights. Our skills include using the internet itself to acquire an education, to shop for goods and services, and otherwise conduct business or even obtain employment. We have been heard across the country, and our causes in promoting better health care and the right to live as independently as possible within our own homes have resonated with many other similarly linked people with similar problems and issues. Equally resonant are the **means** by which we achieve these goals, through research and discussions carried on via the Internet.
A letter that reached me this weekend illustrates eloquently the importance of the internet to us all: [Can] "...a C3-C4 Quadriplegic that has been stuck in bed for the past year and stayed productive advocating for seniors and disabled citizens help show how important email access is to us? If I wasn't able to do the work I've done during the past year online while stuck in bed I would have become seriously depressed. Probably wouldn't have recovered as soon as this if I wasn't able to be online! Being online has helped me help others with access problems and it also gives me the opportunity to research everything someone might ask about. Being online has made my life onehundred percent better than before I was online." --Corey Nelson, Upton, Massachusetts

I am in a similar situation, lying in bed, but through the internet leading a productive life. As Chair of the San Francisco Bay Area Network on Disability, I actively participate in the work of the Congressional Internet Caucus Advisory Committee. As a member of the Executive Committee of the California Disability Alliance, I have led a statewide group in health care advocacy with the California legislature and government agencies.

Unfortunately there are groups of disabled persons who are shut out of much of this empowering activity because little thought to **universal** access is given by commercial and government web developers. The World Wide Web is still young, and it makes a great deal of sense to ensure that its future development includes **everybody**. Under the ADA and other federal and state laws it is no longer acceptable or legal to create programs or operate business enterprises which shut out persons by reason of disability. Yet many programs and facilities now available to the public through the internet are just as **in**-accessible as a store with no ramp at the entrance, or an educational institution which does not provide interpreters, or a public elevator without brailled buttons, just to give a few examples.

Achieving universal access is not difficult or costly. It simply requires forethought and understanding of the special tools that many of us use to access web pages, email programs and other computerized facilities. There are excellent guidelines available which should be used by all web programmers. There is no good excuse for allowing businesses which normally fall under Title III of the ADA to conduct business online which does not meet the same standards of accessibility required elsewhere.

I urge you to recommend that Congress pursue a plan to enable all of us to participate in this flowering of the online world. It will continue to bring more persons with disabilities into the working world and into the community.

Very Sincerely,

Jean Nandi
Chair, San Francisco Bay Area Network on Disability (SF BAND)
http://disweb.org/sfband/
and Member, Executive Committee, California Disability Alliance (CDA)
http://www.dredf.org/cda/cdahome.html
1529 Josephine St., Berkeley, CA 94703-1168
Phone: (510) 845-8236 email: jeannandi@able-net.net or jeannandi@aol.com


cc: Committee members, Representatives
Henry Hyde, Mel Watt, Asa Hutchinson, Maxine Waters, Spencer Bachus
Barney Frank, Bob Goodlatte, John Conyers, Bob Barr, Jerrold Nadler
William L. Jenkins, Lindsey Graham



WEBWATCH Digest2 for Wednesday, February 09, 2000.
Subject: URLs for Witness Statements from the Subcommittee Hearing
From: Kelly Ford kford@teleport.com
Date: Wed, 09 Feb 2000 13:39:22 -0800

Hi All,

Witness statements are now posted from the Constitution Subcommittee hearing held earlier today. Below are direct URLs to each statement

Dennis Hayes
http://www.house.gov/judiciary/hay30209.htm

Gary Wunder
http://www.house.gov/judiciary/hay30209.htm

Dr. Steven Lucas
http://www.house.gov/judiciary/hay30209.htm

Judy Brewer
http://www.house.gov/judiciary/hay30209.htm

Susyn Conway
http://www.house.gov/judiciary/hay30209.htm

Elizabeth K. Dorminey
http://www.house.gov/judiciary/hay30209.htm

Peter D. Blanck
http://www.house.gov/judiciary/hay30209.htm

Walter Olson
http://www.house.gov/judiciary/hay30209.htm

Charles J. Cooper
http://www.house.gov/judiciary/hay30209.htm

[TOP]
[Back to SF BAND homepage ]

WORK BY SF BAND AND OTHERS ON BRINGING THE STATES UP TO FEDERAL STANDARDS

[Coalition of State Web Access Initiatives]
[State of California]
[State of Minnesota]
[More on Web Accessibility from SF BAND]
[TOP]

Coalition of State Web Access Initiatives

This letter is a follow-up from a telephone conference on the Digital Divide.--JN
See Digital Divide

Subj: [DD] trying again to get that web address
Date: 00-05-04 14:05:32 EDT
From: JEANNANDI
To: cboyer@resna.org (Carol J. Boyer)

Carol,
I apologize for muddleheadedness or whatever. I know you keep trying to give me information about this coalition of state agencies etc. working with the Tech Act to leverage 508 web standards from states receiving Tech Act $$. On the last call with Jonathan Young you mentioned a website, but whatever I heard was not correct and I have been unable to find it. Since our organizations work primarily at the state level, it is very important for us to get this information. Please indugle me with the URL!

I got your email address from Jonathan.

Thanks very much for your help.
Yours,
Jean Nandi, San Francisco Bay Area Network on Disability (SF BAND)
http://disweb.org/sfband/
and California Disability Alliance
http://www.dredf.org/cda/cdahome.html

Subj: RE: [DD] trying again to get that web address
Date: 00-05-04 15:10:45 EDT
From: cboyer@resna.org (Carol Boyer)
To: JEANNANDI@aol.com

Jean,

The easiest way to find this information is to go to the RESNA Technical Assistance Project website area on Section 508:
http://www.resna.org/taproject/policy/initiatives/508.html

Scroll down and find the "Summary of Information Technology Access Laws and Policies." There, you will have the link to: The Association of Tech Act Projects (ATAP) which provides a chart that shows what legislative initiatives several of the Assistive Technology Act grantees have accomplished regarding Section 508 implementation/compliance in their states.

The name of the coalition that ATAP has formed is called SITAC (State Information Technology Access Coalition) made of up ATAP, the National Association of State Information Resource Executives, and the National Association of State Procurement Officers.

Carol Boyer
Project Associate
RESNA Technical Assistance Project
cboyer@resna.org




Subj: Fed/State Section 508 Alert
Date: 00-04-30 17:09:32 EDT
From: cynthia.waddell@ci.sj.ca.us (Waddell, Cynthia)
To: JEANNANDI@aol.com ('JEANNANDI@aol.com')

Hi-
You might also want to look at the Fed/State alert at:
http://policyworks.gov/org/main/mg/intergov/Alert-Newresp.htm

From this website:

The purpose of this Federal/State Issues Alert on accessibility is to direct attention to recent legislation that may affect a small but significant part of the workforce who needs are often ignored (people with disabilities). The series of Federal/State Issue Alerts are intended to assist busy managers who need to know about emerging and hot topics in the dynamic field of intergovernmental management.

New Responsibilities for Managers Providing Information Technology Services September 1999

Background: Accessibility is defined as electronic and information technology that provides people with disabilities comparable or equivalent access to computers and information as people without disabilities.
On August 7, 1998, Public Law 105-220 amended Section 508 of the Rehabilitation Act of 1973. It requires Federal agencies and States that receive federal funds to acquire only accessible electronic and information technology (IT) unless it would create an undue burden. Enforcement begins August 7, 2000. Accessible equipment refers to IT that allows people with disabilities to have access to and use of information that is comparable to what is available to people without disabilities.

On November 13, 1998, Public Law 105-394, the Assistive Technology Act of 1998, authorized the Department of Education to provide continuity grants to States for assistive technology for individuals with disabilities. Assistive Technology (AT) refers to a wide range of alternative input and output methods and devices that make access to computers available to people with disabilities. AT may be as simple as latchkey software that assists with the pressing of two keys simultaneously, or AT could be as sophisticated as a speech recognition system allowing the user to control a computer using only their voice.

Department of Education letter dated June 30, 1999, provided guidance to the States on grant requirements under the Assistive Technology Act of 1998 and Public Law 105-220. On Friday, July 9, 1999, GSA's Office of Governmentwide Policy's (OGP) Center for Information Technology Accommodation (CITA) participated in a meeting convened by multiple state governments in Portland, Maine to address accessible information technology as an intergovernmental issue.

New York, Maine and Missouri are investigating the possibility of a joint testing program for accessibility to establish state access standards and modify purchasing methods to include independent verification of access performance.
Key Issues concerning Product Testing for Accessibility
Development of adequate criteria for product testing for accessibility.

Use of independent laboratories is needed because vendor self-certification often results in acquiring non accessible products.

Individual states are developing accessibility testing standards due to the lack of uniform Federal/State testing standards.

Recognition and acceptance by government and industry of the IT standards and design flexibility needed to ensure usability by people with disabilities. The difficulty in achieving accessibility lies not in an unwillingness to make information accessible, but an ignorance of the problem (the wide range of disabilities to be accommodated) and a lack of a knowledge about solution.
What Will Drive This Issue in the Next Year?
Current Federal legislation requires Federal government and States that receive federal funds to acquire accessible electronic and IT products. Many Federal agencies and state agencies continue to acquire IT products that are not accessible and may result in congressional oversight.

Several State governments have collaborated and taken the lead to promote joint testing programs for accessibility but the Federal government will benefit from the states' efforts as a federal program is initiated within the next 12 months.

Legal challenges and employee concerns for timely and stable accommodations will accelerate as enforcement provisions under current legislation takes effect.
Additional Information

Center for IT Accommodation, the General Services Administration; nationally recognized model demonstration facility influencing accessible information environments, services, and management practices.
(http://www.itpolicy.gsa.gov/cita/index.htm)

Department of Justice Section 508 Home Page: http://www.usdoj.gov/crt/508/508home.html

Center for Applied Special Technology (CAST), not for profit organization, whose mission is to expand opportunities for people with disabilities through innovative use of computer technology.
(http://www.cast.org/bobby/)

The Growing Digital Divide in Access for People with Disabilities; ADA Coordinator, City of San Jose, CA, Cynthia Waddell.
(http://www.digitaleconomy.gov)

President's Information Technology Advisory Committee (PITAC) Report to the President:
(http://www.hpcc.gov/ac/report/)

Re-Charting the Course: The First Report of the Presidential Task Force on Employment of Adults with Disabilities:
(http://www.dol.gov/dol/_sec/public/programs/ptfead/rechart/index.htm)

More Than Screen Deep: Toward Every-Citizen Interfaces to the NLItion's Information Infrastructure (NII):
(http://www.nap.edu/readingroom/books/screen/)

Petition for the Accessibility of the Portuguese Internet:
(http://www.acessibilidade.net/petition/parliament.report.html)

State of Washington: (http://www.aasa.dshs.wa.gov/access/)

[BACK TO STATE INITIATIVES]

State of California

Direct link to Cynthia Waddell's pages on Web Accessibility ]

Waddell, ADA Coordinator for the City of San Jose, is our greatest California Advocate for making the web accessible to all persons with disabilities and others.

Subj: Correspondence with state contractors for the CCR
Date: 00-05-01 09:41:40 EDT
From: JEANNANDI
To: cynthia.waddell@ci.sj.ca.us

Thanks for your references! Wish you luck this week, and look forward to learning of your results. The CCR is the California Code of Regulations, produced by the Office of Administrative Law (OAL).

The OAL regulations/Internet are under contract with the West Group out of Minneapolis, MN through their subsidiary in S.F., Barclays (1-800-537-2707). The attorney with OAL who specifically handles the OAL/CA contract with Barclays is Barbara Steinhardt-Carter, 916-323-6805 (E-mail: bstcarter@oal.ca.gov). The Governor recently appointed David Judson, to head OAL; his telephone numbers is 916-323-6790

Here is our correspondence:
:Subj: Re: CCR Contract, Office of Administrative Law
Date: 00-02-22 12:11:57 EST
From: JEANNANDI
To: bstcarter@oal.ca.gov
CC: djudson@oal.ca.gov

To: Ms Barbara Stinhardt-Carter, California Office of Administrative Law
CC: David Judson, Director, California Office of Administrative Law

Dear Ms. Stinhardt-Carter,

I am writing on behalf of two California groups serving persons with disabilities who actively use the internet for advocacy and information regarding California Rules and Regulations which affect our lives. The California Disability Alliance (CDA) is a state-wide organization working primarily on health care issues (http://www.dredf.org/cda/cdahome.html), and the San Francisco Bay Area Network on Disability (SFBAND) is a Bay Area group working on greater access to the internet for persons with disabilities (http://disweb.org/sfband/).

Our members have complained bitterly that the pages containing California regulations on the OAL website are poorly designed and utterly inaccessible to persons with low-end computers and browsers, and for persons who are blind or visually impaired and use screenreaders or other special software to access the internet. It is not that hard to create highly accessible web pages, and we must protest that the web developers have not been instructed to do so on a government site that serves the public. As of August, 2000, all Federal websites will be required to be fully accessible, and it is difficult to understand that the great state of California sees fit to lag behind the rest of the country in making its laws and regulations available to the public. Furthermore, persons with disabilities who are particularly affected by poor web design are just the ones making maximum use of the web to acquire information of this type: for example, visually impaired or many mobility impaired persons such as myself are quite unable to read printed text. I cannot read braille either, but can quite readily use the internet to access complex materials.

We have repeatedly requested that we be allowed to speak directly with your web developers. It is our understanding that the OAL regulations/Internet are under contract with the West Group out of Minneapolis, MN through their subsidiary in S.F., Barclays, and that you handle this OAL/CA contract with Barclays. This contract should be a public document, and on behalf of my constituents I would like to request a copy. An electronic copy, naturally, would be preferable, but I would appreciate it in any form whatever and would make arrangements to hire a reader if you were to send it to my address below. If a document is available that could be sent as a text attachment or copied into an email, that would be great!

We would be happy to work with your office as well as the web developers to assist you in creating an accessible website for OAL/CA. Please go to the SF BAND pages (http://disweb.org/sfband/) for more information regarding web accessibility.

Thank you for your prompt attention to this matter.

Very Sincerely,

Jean Nandi, Member, Executive Committee
California Disability Alliance (CDA)
1529 Josephine St.
Berkeley, CA 94703-1168
(510) 845-8236
email: jeannandi@able-net.net
or jeannandi@aol.com
Web: http://www.dredf.org/cda/cdahome
-----
The work of the California Disability Alliance is supported
in part by a grant from
the Disability Rights Advocates Fund of the San Francisco Foundation

------------------

Subj: RE: CCR Contract, Office of Administrative Law
Date: 00-02-23 17:34:01 EST
From: BSTCARTER@oal.ca.gov (Barbara Steinhardt-Carter)
To: JEANNANDI@aol.com ('JEANNANDI@aol.com')
CC: DJUDSON@oal.ca.gov (David Judson)


Dear Ms. Nandi,

This note is to acknowledge receipt of your letter detailing your concerns about the CCR. Today or tomorrow we will be sending you the contract OAL has with West Group for publication of the CCR online and in hard copy.

Unfortunately, we do not have any of the contract documents in electronic format. The contract documents include the original OAL Request for Proposal, West Group's Response to the RFP, and finally, an excerpt of the primary contract provisions from these other documents attached to the required state contract form.

We share your concern for making the online CCR more accessible to all users, and are in the process of gathering resources, talking to the contractor, the California Home Page folks, and others to see what we can accomplish. I appreciate the web resources you have steered us to, and hope to remain in touch with you as we progress in this area.

We will be sending you a more formal response, but I did want to let you know right away that we got your letter and that the contract is on its way.

Sincerely,
Barbara Steinhardt-Carter
Staff Counsel

------------------

Subj: RE: CCR Contract, Office of Administrative Law
Date: 00-03-07 20:50:11 EST
From: JEANNANDI
To: BSTCARTER@oal.ca.gov (Barbara Steinhardt-Carter)
CC: DJUDSON@oal.ca.gov (David Judson)
CC: magdisbl@ccnet.com (Maggie Dee)


Dear Ms. Steinhardt-Carter:
As per this message, I received a week or so ago the OAL RFP (OAL 8008) and the West Group response re the contract for publishing the CCR, including the online (internet) version. It took me some time to go through the materials owing to my visual and physical disabilities. However, I copied certain relevant materials and make some comments on them. I do hope, as per your message appended at the end, that we will be able to work with you to make the internet CCR a useful document for all of us who use the internet, irrespective of physical, visual, or other disability. This includes those whose computers are not state-of-the-art. As you know, many folks who are most affected by the CCR are in fact not well-to-do and are using equipment that may be substandard. Disallowing them access to your government pages is equivalent to insisting that only automobiles built after 1999 be permitted in the City of Sacramento.

I look forward to your response to these comments.

Very Sincerely,

Jean Nandi, Member, Executive Committee
California Disability Alliance (CDA)
1529 Josephine St.
Berkeley, CA 94703-1168
(510) 845-8236
email: jeannandi@able-net.net
or jeannandi@aol.com
Web: http://www.dredf.org/cda/cdahome

-----
The work of the California Disability Alliance is supported
in part by a grant from
the Disability Rights Advocates Fund of the San Francisco Foundation

=========
RFP OAL 8008 p. I-7:
K. AMERICANS WITH DISABILITIES ACT NOTICE
AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY

To meet and carry out compliance with the nondiscrimination requirements of Title II of the Americans With Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of General Services) to make every effort to ensure that its programs, activities, employment opportunities and services are available to all persons, including persons with disabilities.

[JN Note: this policy appears only to apply to the contractors, not to their products, even though Title II requires programs and services to be available to all persons including persons with disabilities.]

=========
RFP OAL 8008 p IV-10:
8. Internet Duties
The bidder must propose a solution that receives data from the Master CCR database and converts it into an Internet viewable text (html, etc.). The Contractor will create a website for the CCR that is linked transparently to the OAL's home page. OAL requires the Internet database provide an universal research capability, be accessible by section and title subject matter, key words and related terms, and also capable of progressively narrowing or broadening research requests with re-keying. Solutions must include ways to ensure that the electronic database has search capacity to accommodate a large number of simultaneous users and that it is **capable of modification to future needs. **

[JN Note: emphasis indicated by ** **. This requirement implies that a future need might be a determination by OAL and the State of California that its websites should meet FEDERAL standards. These standards are currently being developed by the Access Board, the standards are currently open to comment, but will become effective in August, 2000.]

=========
RFP OAL 8008 p V-2:
D. RIGHT OF STATE AGENCIES
OAL reserves for the State of California the right on the part of the Office of State Publishing to print any of the regulations of the State of California in any form it chooses. Pursuant to Government Code Sections 11340.1(a) and 11344, **OAL reserves for the State of California the right to make available electronically to the public, including the Internet, any of the regulations of the State of California in any form it chooses.** Pursuant to Government Code Section 6270(a), on behalf of the State of California, OAL reserves the right for a state agency to satisfy requests under the California Public Records Act by providing directly to the requester a copy of the agency's provisions of the Official CCR. Notwithstanding any other provision of this CCR publication contract, no agency of the State of California may, during the term of this CCR publication contract, create or maintain a hard copy "subscription service" in which weekly updates to the California Code of Regulations, or any part thereof, are distributed to subscribers.

[JN Note: emphasis indicated by ** **. This section implies that OAL might choose to provide an accessible set of pages if the West Group were unable to provide an accessible Internet format without excess cost. Parallel pages could be linked and maintained by any other contractor OAL might wish to enlist for such a project, should OAL determine that the current contractor is unable to bring the site up to Federal standards during the duration of the current contract period.]

=========
RFP OAL 8008 p VI-2:
B. PUBLICATION FORMAT -- Internet Publication
OAL requires the internet CCR to be published in a standard professional format (refer to Appendix A, Attachment 2, for minimum requirements). The bidder must provide a sample web address representative of the product to be produced for OAL.
Minimum formats are defined in Appendix A and the final formats will be approved by the OAL prior to acceptance.

[JN Note: Nothing in this section or in Appendix A refers to universal accessibility standards. Hopefully future RFPs will include standards permitting users with disabilities and low-end computer systems to access the Internet pages.]

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RFP OAL 8008 pp VI-14-16
Internet Content Requirements [selected for relevance to accessibility]
M=Mandatory, D=Desired R=WestGroup Response

25 Tables of Contents allows user to a user-identified Title/Section in a convenient method (i.e. hyperlinks)
D R=Y
28 Technical drawings, diagrams, charts, forms, etc. are viewable online. Bidders must state the format to be used (e.g. TTF, bitmap, etc.) with no special additional software.
M R=Y, TIFF
29 Forms can be printed, downloaded, and/or usable and the form is appropriately sized (fits 8 1/2 x 11 paper in most cases).
D R=Y
31 User is not required to download or install any additional software (only a browser and an Internet connection are required) in order to view CCR online including graphics.
M R=Y

Other Requirements [selected for relevance to accessibility]
59 The browser level must be a level 3 and provide advanced search capabilities.
M R=Y

[JN Note: Nothing in the content or the search capability requirements is related to the accessibility of the forms, including the search forms. No mention is made of alternative texts, long or short, in cases where materials (mentioned here as technical drawings, diagrams, charts, forms, etc.). Forms can be created which are accessible, although W3C standards require alternative methods of capturing user supplied information, such as an email form. Browser Level 3 is fine so long as W3C standards are maintained. Hyperlinks should be reachable with keystrokes alone.]

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RFP OAL 8008 APPENDIX A, ATTACHMENT 2:
Format for Internet Publication of CCR
The Internet Publication of the CCR shall be in a standard format as follows:
FORMAT: The CCR shall be in a professional and standard format. Font size shall be no smaller than 10 point.

[JN Note: Font size of 10 point is invisible to persons with low vision. The font size should be created so that it is scalable in the individual's own browser (that is, not placed in a graphic). This should be stated in the RFP.]

HIERARCHY: The hierarchical structure of the existing California Code of Regulations shall be maintained and easily readable; that is, the Title, Division, Chapter, SubChapter, Group and SubGroup where applicable, Article, SubArticle, and Section, and so on.

[JN Note: There should be a set of pages which provide this hierarchy in full. The existing pages allow one to see the top levels, but one can only "drill down" into lower levels to see how the CCR is laid out if one already knows how the CCR is laid out. Searches often bring up much unrelated materials unless one already knows the Title/Division etc. that one is headed for. Even then, the result of a search is often a fragmented set of Articles and Sections, and much related material is missed.]

ACCESSIBLE: The CCR shall be accessible by the public with standard Internet browser software. The public must be able to search and query the CCR database. The search engine must have the ability to increase or narrow searches at the user's option. Refer to Section VI, Scope of Services, of RFP OAL-8008.

[JN Note: The RFP should define what is meant by a "standard Internet browser," and presentation should not preclude other access where that is necessary either by the use of adaptive equipment or by the use of low-end computers.]

SCALABILITY: The CCR must be able to process approximately 300,000 "hits" per month. The system must be capable of modification to meet future needs.

[JN Note: We are in the process of defining a future need. Hope that West Group can be responsive to it!]

MASTER TABLE OF CONTENTS: The Contractor shall make available on the Internet a Master Table of Contents with a complete display of all regulations in all Titles (excluding Title 24) by Title, Division, Chapter, SubChapter, Group and SubGroup where applicable, Article, SubArticle, and Section, and so on.

[JN Note: See my note under HIERARCHY, above. I do not find it possible to quickly scan an entire Title with its subunits, without "drilling down" through many pages of detail.]

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University of Minnesota and the State of MN

From a conversation offline after one of Jonathan Young's conference calls
See Digital Divide

Subj: Re: [DD] Follow up on our call with Jonathan Young
Date: 00-04-13 09:47:38 EDT
From: pmk@boombox.micro.umn.edu (Philip M. Kragnes)
To: JEANNANDI@aol.com

Jean,

It was a pleasure meeting you as well. I have visited your personal Web site. I am impressed with your tenacity and ingenuity.

Yesterday's conference call left me a bit disappointed. The "Digital Divide" seems to be more about ethnic minorities and low income populations. While I agree that these are important issues, the plight of people with disabilities is certainly not understood and seems to be a more minor concern. During all the talk about the places the President will be visiting, there was never mention of disabilities. As was evident from Jonathan's reaction to my comment regarding the "25% of people with disabilities," the government collects a great deal of data but do not understand the underlying factors.

There are so many points that were raised by yesterday's call. I will not burden you with more of my rantings in this area, as I am sure you have many of the same issues and concerns. I am glad the federal government is starting to take an interest and become aware.

As I mentioned on the phone, I am a member of the Governor's Advisory Council on Adaptive Technology for People with Disabilities. The Council oversees the STAR (System of Technology to Achieve Results) program, which is Minnesota's Tech Act project. You can learn more by visiting their Web site:

http://www.admin.state.mn.us/assistivetechnology/

You may also wish to write or call Ronna Linroth, the Executive Director of the STAR program.

Ronna Linroth
Acting Executive Director
Minnesota STAR Program
658 Cedar Street, Rm. 360
St. Paul, MN 55155
651-297-1554

I also invite you to visit my personal Web site:
http://www.millcomm.com/~pmk

I think the "Disability Depot" section of my site will provide you with some good resources. I also invite you to visit my University of Minnesota Computer Accommodations Program (CAP) site as well. You will find the address for the CAP Home page at the bottom of my signature.

I look forward to continued contact with you. Take care and keep up the fight.

Philip M. Kragnes
Adaptive Technology Specialist
University Gateway
200 Oak Street SE, Suite 180
Minneapolis, MN 55455-2002
Voice: (612) 626-0365
Fax: (612) 626-9654
http://cap.umn.edu

[Please feel free to share my letter with your organization. I do ask that you make it clear that these are my observations and opinions. They are not necessarily the position of the University of Minnesota. Thanks.]

Web Accessibility Guidelines on the University of Minnesota Website

[From Phil's reference, above, to http://cap.umn.edu/ -- These guidelines are excellent, and I include them here for the information of SF BAND members who may want to code webpages and/or just find out what the heck we are talking about when we discuss web accessibility! JN]

http://cap.umn.edu/WebSiteAccessibility.html -- University of Minnesota

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SF BAND finds problems with new Electronic Signatures Law

  July 6, 2000
To:
The Honorable Barbara Boxer, U. S. Senator
The Honorable Diane Feinstein, U. S. Senator
The Honorable Anna G. Eshoo, U. S. Representative
The Honorable Tom Campbell, U. S. Representative
The Honorable Tom Lantos, U. S. Representative
The Honorable Barbara Lee, U. S. Representative
The Honorable Zoe Lofgren, U. S. Representative
The Honorable George Miller, U. S. Representative
The Honorable Nancy Pelosi, U. S. Representative
The Honorable Fortney Pete Stark, U. S. Representative
The Honorable Ellen O. Tauscher, U. S. Representative
The Honorable Lynn C. Woolsey, U. S. Representative
From: San Francisco Bay Area Network on Disability (SF BAND)
Subject: Electronic Signatures Act (S. 761) and Accessibility

Dear California Senators and Bay Area Members of Congress:

The new electronic signature bill passed both Houses of Congress and has been signed into law by President Clinton. Although the possibility of conducting most business entirely online has the potential of helping persons with disabilities become more independent, the new Act lacks the assurances of accessibility that we are coming to expect of our federal government.

We would like to call to your attention significant barriers posed by the new law, as written, to persons with disabilities as well as to those using alternate access devices or "low-end," affordable equipment. Of particular concern is the possibility that individuals may sign electronic documents without realizing that parts of those documents could be invisible to them. The best we can do about this at present is to caution all persons using screen readers and alternative access devices to avoid completing any electronic contracts or similar documents without additional verification as to their content. This, of course, negates any possible benefit the disability community might have gained from the new law.

The Architectural and Transportation Barriers Compliance Board has just completed its recommendations for Federal accessibility requirements for Electronic and Information Technology under Section 508 of the Rehabilitation Act. President Clinton has been proposing a series of public/private initiatives to help close the well-publicized Digital Divide, including bringing Digital Opportunities to the disability community. Recently, as well, the House Judiciary Committee inquired into the need to reconcile Digital Access with the Americans with Disabilities Act. It is hard to understand your concomitant failure to include accessibility requirements or guidelines in a new bill purporting to regulate and/or promote electronic document interchange.

We at the San Francisco Bay Area Network on Disability would like to request that you entertain new proposals to amend and/or regulate the use of online contracts and signatures to permit the inclusion of everybody. We ask you to consult with experts on digital accessibility when legislating the rules of digital technology. For information on the developing international web accessibility standards, see the Web Content Accessibility Guidelines at http://www.w3.org/WAI . For specific information on the limitations of this specific Electronic Signatures Act presented by Cynthia Waddell, see http://www.icdri.org/questions_about_electronic_signa.htm .

Sincerely yours,

Jean Nandi, Patrick Connally, Blane Beckwith, Maggie Dee, Emily Wilcox Members, San Francisco Bay Area Network on Disability (SF BAND) http://disweb.org/sfband/
copies of this letter to:
Jonathan Young, Associate Director of Disability Outreach,
White House Office of Public Liaison
Arlene Alexander, Disability Rights Office,
Federal Communications Commission
Tim Lordan, Staff,
Congressional Internet Caucus Advisory Committee
Cynthia Waddell, ADA Coordinator,
City of San Jose, CA
The International Center for Disability Resources on the Internet
The California Disability Alliance (CDA)
-----
Please address correspondence to:
Jean Nandi, Chair of SF BAND
1529 Josephine St.
Berkeley, CA 94703
phone: 510-845-8236 email: jeannandi@aol.com

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Last updated July 31, 2000
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