T. 4/4/92                                       APR 7 1992
SBO:rjc
DJ#192-180-04014

The Honorable Frank R. Wolf
U.S. House of Representatives
104 Cannon House Office Building
Washington, D.C. 20515

Dear Congressman Wolf:

        I am writing in response to your recent inquiry on behalf of
your constituent, Mr. William Goldfeder, Fire-Rescue Director,
Department of Fire and Rescue Services, Leesburg, Virginia.

        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.

Records, CRS, Oneglia, McDowney
:UDD:Craig:Wolf.911

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        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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January 23, 1992

Congressman Frank Wolf
104 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Wolf:

        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 Americans with
Disabilities Act (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 TDD). They also
communicate using a personal computer (PC). The Justice Department
specifies that all emergency services shall provide direct access
to individuals who use TDD'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 another business machine, without human
involvement.

        However, since it is being placed into TDD's, and is the norm
for PC'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

















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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 TDD
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
                U.S. Department of Justice
                Civil Rights Division
                Coordination and Review Section
                P.O. Box 66118
                Washington, D.C. 20035-6118

                Telephone: (202) 307-2236

        I thank you for your support in this matter. If you have any
questions or if I can be of any assistance to you, please do not
hesitate to contact me.

                                        Sincerely,

                                        William Goldfeder
                                        Fire-Rescue Director

cc: George Barton, Chairman, Board of Supervisors
    Kirby Bowers, Acting County Administrator
    John Wells, Acting Deputy County Administrator
    Gail Fletcher, Captain, Communications Division

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