[vicsireland] Re: Review of Broadcasting Access Rules

  • From: "GERARD SHANAHAN" <gershan@xxxxxx>
  • To: <vicsireland@xxxxxxxxxxxxx>
  • Date: Tue, 20 Dec 2011 17:26:26 -0000

Antoinette

I don't mean to be a thorn in anyone's side, or for that matter seem awkward but my experience when phoning soarview as Mark is already aware is that the customer service person referred me to someone in r.t.e. networks a Mr. O'dwyer who hadn't the answer either and when he did come back to me with an answer which was prompt, He referred me to N.C.B.I. so talking about forefilment of obligations by law is a farse,(should that word be spelt with an 's' or a 'c'). added to this in recent mails on audio description etc, Mark informed me that neither B,.A.I. or R.T.E. are responsible for the adhering to such accessibility legislation in relation to set top boxes, It is the communications regulator. I'll repeat what I said in my previous email: talk about splitting hairs, I'm going bald with frustration. Thus in fact someone in authority representing blind and visually impaired persons will have to make a representation to Commreg to put a bomb under who is responsible alas by that time it will be the year 2020 and the rights of such individuals will be usurped by the fact that the equipment is already in place or some such excuse, the only real hope is that we will be able to connect our televisions to the net and use software similar to screen readers to access menus etc. Forgive my excesses, apoligies Gerry Shanahan

----- Original Message ----- From: "Antoinette Fennell CFIT" <antoinette.fennell@xxxxxxx>
To: <vicsireland@xxxxxxxxxxxxx>
Sent: Monday, December 19, 2011 10:20 AM
Subject: [vicsireland] Re: Review of Broadcasting Access Rules


Hi Robbie and Gerry,

I should start by pointing out I don't have legal expertise. But as
far as I know, as a public body, RTE has legal obligations to ensure
that they consider accessibility when buying in any services or
equipment. This is under European Procurement legislation.

So even though RTE do not themselves produce set top boxes, they do
have a responsibility to procure the most accessible option available
to them. So this could be an avenue worth pursuing, if it hasn't
already been done.

I have copied here the text on Accessible procurement from the NDA
Centre for Excellence in Universal Design's website:
Accessible procurement is a legal requirement for all public sector
bodies. Section 27 of the Act requires that, where reasonable, the
goods and services that are supplied to a public body should also be
accessible to people with disabilities. The Code of Practice states
that procurers should highlight accessibility "as a criterion to be
considered throughout the entire tendering process (from drawing up
and running tender competitions through tender evaluation and placing
the contract to final debriefing)".

All the best,

Antoinette

Dr Antoinette Fennell
ICT Accessibility Researcher
Centre for Inclusive Technology (CFIT)
NCBI: Working for People with Sight Loss

Whitworth Road
Drumcondra
Dublin 9

Tel: +353 (0)1 8821 988
Email: antoinette.fennell@xxxxxxx
Web: www.cfit.ie


On 19 Dec 2011, at 01:12, Gerry Ellis wrote:

Hi, Robbie,

Last Thursday, as part of the RTEAudience Council, I met both the Board and the CEO of RTE. I will meet them again early in 2012.

When we met, the issue of accessibility was mentioned more than any other issue.

I have met the staff responsible in this area and I believe that they are committed and that they produce output that is far superior to the norm in the U. S., although they produce far less of it.

It is my personal opinion that we are far behind where we should be in terms of quantity, but that the people on the ground want to make the right decisions. A sledge hammer at CEO or Board level will not produce the desired result, but a reasoned yet insistent engagement will.

Once the technical issues that are holding back progress are addressed in 2012, I believe that good progress will be made. Where we need pressure to be applied is the Broadcasting Authority of Ireland as they review the Access Rules.

I hope this helps.




Take care,

Gerry ellis

If you don’t know where you’re going,
How will you know when you get there?

From: vicsireland-bounce@xxxxxxxxxxxxx [mailto:vicsireland-bounce@xxxxxxxxxxxxx ] On Behalf Of RobbieS
Sent: 18 December 2011 00:23
To: vicsireland@xxxxxxxxxxxxx
Subject: [vicsireland] Re: Review of Broadcasting Access Rules

Hi Gerry,

Sorry to be so brief but I don't have the time to research tat the moment.

I have given hapter and verse to RTÉ in my complaints against thejm (for what it's worth).

Apart from the usual 26-38 of the Disability Act, there is also, specific to RTÉ and other broadcasters, sections 53 and 54 of the same Act which apply specifically to Public Sector Broadcasters.

Either way, it is obvious - and RTÉ have admitted so - that RTÉ are in breech of the Sectoral Plans to date [which I have read in full + updates] - but they seem to think that only those with money behind them matter.

Are  they right?

Robbie

On Sat, Dec 17, 2011 at 11:29 PM, Gerry Ellis <gerry.ellis@xxxxxxxxxxxxxxxxxx
> wrote:
Hi,

What legal obligations? RTE neither make settop boxes nor did they set down the specifications for settop boxes. RTE-NL set down the specs based on an international set of requirements, but this is separate from RTE.

If you have some legal details that would help in pursuing this issue I would love to hear about them as they may add some leverage.


Take care,

Gerry ellis

If you don’t know where you’re going,
How will you know when you get there?

From: vicsireland-bounce@xxxxxxxxxxxxx [mailto:vicsireland-bounce@xxxxxxxxxxxxx ] On Behalf Of RobbieS
Sent: 17 December 2011 16:55
To: vicsireland@xxxxxxxxxxxxx

Subject: [vicsireland] Re: Review of Broadcasting Access Rules

For the record, all credit to Pat McCarthy of the Blind Legal Alliance for getting the BAI to at least go through these motions.

then, true to form in such matters, they wouldn't even inform him that they'd acceeded to his demand/request.

RTÉ have put two fingers up to the Disability Act 2005 where vips are concerned.

For instance, they claim that:
a). it's not parctical in terms of cost at this late stage to have an accessible set-top box. Their neglect of the matter in the first place has led to this situation, but there will probably be no accountability for this flagrant breech ot their legal obligations.

Also, RTÉ claim that they couldn't meet the niggardly 1% target for audio-description because they couldn't find companies in ireland to do it - as if they couldn't do an in-house job if they were really serious about it.

Come to think of it, wouldn't an in-house job be cheeper, with no tendering process or profit-margin required?

Up the BLA,

Robbie






On Thu, Dec 15, 2011 at 4:45 PM, GERARD SHANAHAN <gershan@xxxxxx>  wrote:
Mark, I'm so disappointed, talk about splitting hairsIt reminds me of a friend who hired a prosperous electrical contractor to fit a door bell: 1 supervisor, 1 bell fitter and 2 men to put in 12 feet of electrical cable and connect the bell to the bell push.....No wonder nothing gets done in this country Comre, BAI, R.T.E. NETWORKS, SOARVIEW, EVERYONE IS DOING SOMETHING BUT NO ONE TAKES RESPONSIBILITY FOR NICHE PROBLEM SOLVING. Shouldn't we send a submission to comreg on accessibility of technology...This could turn into a debate and the digital change over will have taken place before we even get an acknowledgement of submission. regards confounded, confused and deluded Gerry
----- Original Message ----- From: "Mark Magennis" <Mark.magennis@xxxxxxx
>
To: <vicsireland@xxxxxxxxxxxxx>
Sent: Thursday, December 15, 2011 10:21 AM
Subject: [vicsireland] Re: Review of Broadcasting Access Rules



Gerry,

Set top boxes are not covered by the access rules. The Access Rules only cover content access services - audio description, subtitling, and sign language. In fact, the BAI itself is only concerned with television content. Technical aspects of broadcasting and networks are under the remit of ComReg.

Mark

On 14 Dec 2011, at 21:41, GERARD SHANAHAN wrote:

Gerry, B.A.I. have provided documentation on access for consultation on www.bai.ie/?page_id=2006 I've just downloaded them but haven't read them yet maybe other people should have a look and make submissions before closing date. Do you know if the topic of accessible set top boxes is within the parameters? Gerry ----- Original Message ----- From: "Gerry Ellis" <gerry.ellis@xxxxxxxxxxxxxxxxxx
>
To: <vicsireland@xxxxxxxxxxxxx>
Sent: Wednesday, December 14, 2011 8:47 PM
Subject: [vicsireland] Review of Broadcasting Access Rules

Hi,

These Access Rules are set by the Broadcasting Authority of Ireland, but are given statutory strength through the Sectoral Plans of the Disability Act.
The old plans required 2% of Audio Description and 2% of Subtitling,  but
neither of these targets were met.

I think it would be great if VICS made a submission on the review either by
itself or as part of the TV Access group.

I would suggest that reference to the 21st Century Communications and Video Accessibility Act from the United States would be helpful as it has far more ambitious targets than anything that is likely to come from the BAI itself.

See details of the call for submissions at:
http://www.emara.org/news/modules.php?name=News&file=article&sid=7054




Take care,

Gerry ellis

If you don't know where you're going,
How will you know when you get there?



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NOTICE: The information contained in this email and any attachments
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