Decision No. 349-AT-A-1999
June 17, 1999
APPLICATION by Elliott Richman, pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10, regarding the malfunctioning TTY pay phone (telephone-teletype devices used by persons with a hearing impairment) at the Ottawa Macdonald-Cartier International Airport.
File No. U 3570/99-10
APPLICATION
Elliott Richman filed an application with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title. The application was received on February 18, 1999.
The Ottawa Macdonald-Cartier International Airport Authority (hereinafter the Airport Authority) filed its answer to the application on March 8, 1999 and Mr. Richman filed his reply on March 12, 1999.
ISSUE
The issue to be addressed is whether the malfunctioning TTY pay phone constituted an undue obstacle to Mr. Richman's mobility and, if so, what corrective measures should be taken.
FACTS
Mr. Richman is deaf and uses a TTY to communicate. On arrival at the Ottawa Macdonald-Cartier International Airport (hereinafter the Ottawa Airport) in February 1999, the TTY pay phone which is located opposite Gate 16 in the International/Domestic hold room was malfunctioning.
POSITIONS OF THE PARTIES
Mr. Richman submits that since all his telecommunications take place only through TTY, not providing the public with a properly working TTY posed an undue hardship to him. He asks that the TTY be repaired and that the terminal operator ensure its maintenance through regular checks.
The Airport Authority regrets the inconveniences experienced by Mr. Richman when he attempted to use one of the TTYs at the airport. The Airport Authority submits that the TTY in question was repaired within 36 hours of the request for repair and that it has the commitment of Bell Canada, the service supplier, that all TTYs at the Ottawa Airport will be checked on a weekly basis to ensure that they are functioning properly.
ANALYSIS AND FINDINGS
In making its findings, the Agency has considered all the evidence submitted by the parties during the pleadings.
The Agency is of the opinion that the ability to communicate by phone while in a transportation terminal is essential for all travellers, including persons who are deaf or hard of hearing. In this regard, the Agency is aware that the Ottawa Airport presently has three TTYs: one located in the Domestic/International arrivals and departures hold room; one in the United States departures hold room; and the other in the public area of the passenger baggage retrieval area. Given the limited number of TTYs at the airport in comparison to the number of regular telephones, the Agency is of the opinion that it is critical that these TTYs be functioning in order to ensure an appropriate level of service is provided to persons who are deaf or hard of hearing and who require the use of a TTY to communicate.
The Agency finds that the malfunctioning TTY posed an obstacle to Mr. Richman when he travelled to Ottawa because it prevented him from making a telephone call. The Agency further finds the obstacle to be undue in that it could easily have been avoided had the Airport Authority put into place a regular monitoring of the equipment following its installation.
Based on the evidence submitted, the Agency notes that the Airport Authority did not seem to be aware that the TTY opposite Gate 16 was malfunctioning until it received this complaint. The Agency finds that an airport operator should have regular maintenance checks conducted on its TTY equipment to ensure that malfunctioning equipment is quickly identified and repaired. The Agency notes that the Airport Authority advised that Bell Canada, the TTY supplier, will verify the functioning of the Ottawa Airport TTYs on a weekly basis, and that Mr. Richman is satisfied with this undertaking.
However, should a TTY unit be found to be malfunctioning between weekly checks by Bell Canada, persons who need to use such devices would not be able to do so until the next check, and would not know where another TTY is available. Therefore, in order to assist TTY users, the Agency suggests that when a TTY has been reported malfunctioning and until it is repaired, the Airport Authority place a sign at that phone indicating where the nearest one is situated. Also, the Airport Authority may consider having its personnel verify the functioning of the TTY units between the weekly checks by Bell Canada.
CONCLUSION
Based on the above findings, and in light of the measures undertaken by the Airport Authority, no further action is contemplated in this matter.
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