Decision No. 222-AT-A-2000
March 28, 2000
APPLICATION by Elliott Richman pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10, concerning the absence of a TTY (telephone-teletype device for persons who are deaf or hard of hearing) reservation number on Bearskin Lake Air Service Ltd.'s Internet site.
File No. U 3570/99-63
APPLICATION
On November 29, 1999, Elliott Richman filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title.
Bearskin Lake Air Service Ltd. (hereinafter Bearskin) filed its answer to the application on December 17, 1999, and Mr. Richman filed his reply on January 26, 2000.
ISSUE
The issue to be addressed is whether the absence of a TTY reservation number on Bearskin's Internet site constituted an undue obstacle to the mobility of Mr. Richman and, if so, what corrective measures should be taken.
FACTS
Mr. Richman is deaf and uses a TTY to communicate by telephone. As he was searching for reservation numbers on Bearskin's Internet site, Mr. Richman noticed that while regular telephone reservation numbers were listed, there was no equivalent TTY number.
Following a previous application filed by Mr. Richman on February 19, 1999 concerning the absence of a TTY number in Bearskin's timetable, the Agency issued Decision No. 356-AT-A-1999 on June 21, 1999, in which it determined that the failure by Bearskin to provide a TTY number in its timetable constituted an undue obstacle to Mr. Richman's mobility. At the time of the filing of that application, Bearskin was not providing TTY services. Consequently, Bearskin was directed to install a TTY line and to promote the related number in seat sale advertisements as well as in all other documents and publications, as they are reprinted, providing information on the carrier that is otherwise available to the general public.
On January 12, 2000, the Agency issued Decision No. 20-AT-A-2000 in which it concluded that Bearskin had met the requirements of Decision No. 356-AT-A-1999 in that it had secured the required TTY line and advised that the TTY number would be posted in all future advertisements, upon reprinting, to promote its new TTY service for persons with a hearing impairment.
POSITIONS OF THE PARTIES
Mr. Richman states that all his telecommunications are done only through the use of a TTY. He is therefore of the view that the failure by Bearskin to provide a TTY reservation number on its Internet site, along with its regular telephone reservation numbers, constituted an undue hardship for him.
Mr. Richman further submits that this is not his first complaint against Bearskin. In this respect, he refers to Agency Decision No. 356-AT-A-1999. Mr. Richman is of the opinion that by not providing a TTY number on its Internet site, Bearskin is not in compliance with the requirements set out in that Decision.
In response to the present application, Bearskin states that when Mr. Richman filed his application, it was in the process of developing a new Internet site and that, in the interim, a temporary site had been set up which did not list any telephone numbers. Bearskin speculated that Mr. Richman must have visited the former Internet site which Bearskin had omitted to suppress and was still available to the general public. Bearskin adds that its new Internet site will include the appropriate TTY number which will be prominently posted.
In February 2000, Bearskin advised the Agency that its new Internet site would be operational by the end of that month and that its TTY number would be prominently displayed.
ANALYSIS AND FINDINGS
In making its findings, the Agency has considered all of the material submitted by the parties during the pleadings.
The Agency notes that the implementation of a TTY line by Bearskin as well as the promotion of its TTY number were in compliance with the requirements of Decision No. 356-AT-A-1999, as confirmed by the Agency in its Decision No. 20-AT-A-2000. While Decision No. 356-AT-A-1999 did not make specific reference to the posting of the TTY number on the air carrier's Internet site, the Agency notes that at the time of the filing of the present application, Bearskin was in the process of implementing measures to comply with Decision No. 356-AT-A-1999, and, on its own initiative, it was developing a new Internet site to reflect its services, including its new TTY service. In the interim, a temporary site had been posted on which no telephone numbers were listed. However, the Agency notes Bearskin's oversight in failing to suppress its former Internet site.
In light of the foregoing, the Agency finds that, in this particular instance, failure to provide a TTY number on Bearskin's Internet site did not constitute an undue obstacle to Mr. Richman's mobility as the carrier was in the process of developing a new Internet site which would address the problem. The Agency recognizes that the development of an Internet site may be time consuming and that it involves a number of considerations, including other non-related priorities and operational requirements. The Agency is of the opinion, however, that this incident only serves to underscore the importance for all carriers of posting their TTY numbers whenever and wherever regular telephone numbers are provided.
The Agency has confirmed the launch of Bearskin's new Internet site and notes that a message is posted along with the TTY number indicating that it is to be used to contact Bearskin for all information and service.
These measures, as well as the previously ordered corrective measures, should assist in eliminating communication barriers to persons who are deaf or hard of hearing.
CONCLUSION
The Agency finds that the absence of a TTY reservation number on Bearskin's former Internet site did not constitute an undue obstacle to Mr. Richman's mobility. Consequently, and in light of the measures already taken by Bearskin, the Agency does not contemplate any corrective action in this matter.
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