[vicsireland] Re: Review of Broadcasting Access Rules

  • From: Antoinette Fennell CFIT <antoinette.fennell@xxxxxxx>
  • To: vicsireland@xxxxxxxxxxxxx
  • Date: Tue, 20 Dec 2011 10:45:26 +0000

Ok, thanks Gerry.

As you say, it is crucial for as many people as possible to put pressure on the Broadcasting Authority of Ireland in their review of the Access Rules.

Marks Magennis' earlier email with the details for making a submission is worth pointing to again.

All the best,

Antoinette


On 19 Dec 2011, at 23:05, Gerry Ellis wrote:

Hi, Antoinette,

I don't believe that settop boxes or TVs with Saorview integrated into them would fall under the 2 European Directives on Public procurement as far as RTE are concerned. RTE-NL sets down the specifications, but they are built by independent organisations and sold directly to the public. It may be an
issue when RTE are making programmes or buying them in from abroad.

Thanks.



Take care,

Gerry ellis

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

-----Original Message-----
From: vicsireland-bounce@xxxxxxxxxxxxx
[mailto:vicsireland-bounce@xxxxxxxxxxxxx] On Behalf Of Antoinette Fennell
CFIT
Sent: 19 December 2011 10:20
To: vicsireland@xxxxxxxxxxxxx
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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