DJ 192-180-04238




                                              MAR 31 1992
The Honorable Ike Skelton
U.S. House of Representatives
2134 Rayburn House Office Building
Washington, D.C. 20515

Dear Congressman Skelton:

        I am writing in response to your recent inquiry on behalf of
your constituent, J. Scott Brooks. 

        We are aware of the concern expressed by your constituent
and the National Emergency Number Association about the provision
in our regulation implementing title II of the Americans with
Disabilities Act that states "telephone emergency services,
including 911 services, shall provide direct access to
individuals who use TDD's and computer modems."

        The apparent concern is that by mandating access to persons
using computer modems, the regulation may require that there be
access by every format that could be used by a modem, including
those that are not compatible with equipment presently used by
emergency service systems. That is not the case. The regulation
does not require telephone emergency systems to do anything that
is technologically infeasible; accordingly, we are interpreting
the requirement for access by computer modems to mean only when
the modem is using the Baudot format. Until it can be
technically proven that communications in another format can
operate in a reliable and compatible manner in a given telephone
emergency, the public service answering point is not required to
provide direct access to computer modems using other formats.

cc: Records; CRS Files; Oneglia; Wodatch; Kaltenborn; McDowney.
    :udd:jonessandra:911.skelton.brooks





01-00532













- 2 -

        This interpretive guidance has been issued by the Department
of Justice in its recently published Technical Assistance Manual,
which is available from the Office on the Americans with
Disabilities Act, Post Office Box 66738, Washington D.C. 20035-
9998, telephone: (202) 514-0301.

                                Sincerely,



                                John R. Dunne
                        Assistant Attorney General
                           Civil Rights Division




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                 Jerome H. Wareham, Sheritt Henry County
                       Court House 816/885-6963 Ex. 24 Jail 816/885-5587
                       220 South Washington, Clinton, MO 64735 Fax 816/885-4279






December 27, 1991



The Honorable Ike Skelton
The House of Representatives
2453 Rayburn Office Building
Washington, D.C. 20515

Dear Congressman Skelton,                                                
  I am a member of the National Emergency Number Association (NENA). I am 
writing to you to alert you to a flaw in the implementation rules for Title II 
Section 35 of the A.D.A. Law (Hearing and Speech Impaired). Our organization 
supports the A.D.A. Law 100% However, the Department of Justice, who provided 
these rules, have set in motion a situation that could be fatal to a hearing 
and speech impaired person.
  The Hearing and speech impaired community must communicate by using a device 
similar to a typewriter (called a T.D.D.). They also communicate using a 
personal computer (PC). The Justice Department specifies that all emergency 
services shall provide direct access to individuals who use T.D.D.s and computer 
modems.
    In the past, they have communicated using a baudot modem. It still serves 
virtually all of the hearing and speech impaired today. It is compatible with 
our emergency centers. But with the advent of the personal computer, a new modem 
with a language called ASCII (American Standard Code for Information 
Interchange) appeared. Its original design was for a business machine to 
communicate with an other business machine, without human involvement.
  However, since it is being placed into T.D.D.s, and is the norm for P.C.s, it 
presents a problem. It is not compatible with emergency centers equipment. Also 
there is, at this time, no technology that exists that will connect an incoming 
ASCII call to an ASCII modem in the emergency centers and guarantee connection.
  Simply put, if a hearing impaired person places an emergency call using the 
ASCII mode, chances are virtually certain that the call will not be handled 
properly. It could disconnect, receive garbled data or make no connection at 
all. The result could be a possible loss of life or property. Emergency centers 
will be held liable for conditions over which they have no control. The hearing 
and speech impaired will not be served with the same quality assurance that 
others have come to expect of their emergency centers and the advent of 9-1-1 
systems.












  We need your help to keep this from happening. We feel that the reference to 
"computer modem" should be removed from the implementation rules until 
technology can assure that every T.D.D. call will be answered with the same 
quality as a voice placed call.

  Please contact the Department of Justice and urge this change be made. Our 
contact is:

                        Mr. Robert Mather, Attorney,
                   United States Department of Justice
                        Civil Rights Division
                   Coordination and Review Section
                           P.O. Box 66118
                      Washington, D.C. 20035-6118

                       Telephone: (202) 307-2236

Respectfully yours,


J. Scott Brooks
Chief Communications Deputy
Henry County Sheriff's Department