MishkaZena's Xanga

Sorenson Denies Barring FCC Auditors Access To Its Records

Thu, 18 Dec 2008 17:46:44 GMT

Commentary: This story took an unusual turn late last night when a commenter, Sorenson Consumer Policy Board, left a response to the allegations raised by the Congressional Report in my blog. Since I feel it’s fair that the public also hears the other side on these serious accusations, I am publishing this comment in a new post where it will get adequate attention. However, my commentary on Sorenson’s previous unethical and illegal acts still stand. MZ

PS. Do read the first comment. A reader shared her POV of the situation. According to her, from reading the congressional report, Sorenson may have “prevented” the auditors when they showed up the first time unannounced. If so, that may explain the Congressional Report’s charges. MZ

J E N N E R & B L O C K
Jenner & Block LLP
1099 New York Avenue, NW
Suite 900
Washington, DC 20001-4412
Tel 202 639-6ooo
http://www.jenner.com
Michael B DeSanctis
Tel 202 637-6323
Fax 202 661-4828
mdesanctis@jenner com
Offices:

Chicago
New York
Washington, DC

June 24, 2008
VIA ELECTRONIC AND REGULAR MAIL

To: Mr. Curtis Hagan
Assistant Inspector General - Audits
Office of Inspector General
Federal Communications Commission
445 12th Street, SW, Room 2-C478
Washington, DC 20554
Re: TRS Audit

Dear Mr. Hagan:

The purpose of this letter is to record in writing the following facts: The Office of the Inspector General cancelled KPMG’s on-site visit to Sorenson’s corporate headquarters, which was set to begin June 16, 2008, even though Sorensen was ready, willing and able to accommodate that visit and make substantial data available to your auditors.

As Bill Garay will confirm, I personally inquired at least a dozen times over the last 15 months into when OIG planned to conduct the on-site portion of the audit. On May 27, 2008, Mr. Carnahan told me that he and his staff were ready to visit Sorenson’s offices to conduct the onsite portion of the audit of Sorenson’s recordation and reporting of VRS minutes. I had a telephonic conversation with Mr. Carnahan on June 3, 2008 in which I confirmed that Sorenson would be available and would welcome the KPMG audit staff beginning Monday, June 16, 2008.

We discussed what his team would need in terms of office space and equipment, and I assured him that we would provide him and KPMG with whatever they needed. We also discussed substantively that we would begin first thing Monday morning by having key employees walk his team through Sorenson’s processes and procedures for the recording and reporting of VRS minutes, and that his team would let us know how they wished to proceed from there. He asked Sorenson to reserve a full week, though he did not know whether KPMG would need all of that time.

Following up on my call with Mr. Carnahan, I sent a confirming letter to you on June 5, 2008, in which I stated “We remain committed to cooperating with OIG in the interests of having the audit completed in a timely manner. To that end, I am writing to confirm that Sorenson has agreed to host Terry Carnahan and his KPMG staff, commencing June 16, 2008, for the onsite component of the portion of the audit involving Sorenson’s systems and procedures for the recording and reporting of VRS minutes.”

In response, you informed me that you had decided to cancel the on-site visit. You asserted that you and Mr. Carnahan read my June 5 letter as not confirming our willingness to host the on-site audit. In fact, the letter states the exact opposite. Moreover, on June 12,1 told you that we still were ready, willing and able to host your audit commencing on June 16. Indeed, I called you that day from Salt Lake City, where I was involved in the preparations for KPMG’s visit. You made it clear at that time that KPMG would not visit on June 16, and that you were not interested in rescheduling for a later date.

During our June 12 call, you complained that in my June 5 letter I identified confidential data and information that should not be shared with the public or with other offices or bureaus within the Commission. However, I provided that information in writing to you because you had suggested that I do so in our earlier phone conversation on May 29, 2008. That suggestion was consistent with my previous conversation with David Hunt and Carla Conover, who informed me in an in-person meeting on May 14, 2008, that it is and always has been OIG’s policy to keep confidential all non-public information produced by TRS providers during the course of an audit and that such information would not be disclosed to the public or shared with other bureaus within the Commission. See Letter from M. DeSanctis to W. Garay, May 22, 2008.

Under these circumstances, the OIG bears complete and total responsibility for not undertaking the planned on-site minute audit. We did exactly as you had asked in identifying our confidential information and confirming that we would host the KPMG team beginning June 16. Moreover, over the past 15 months, we have now incurred substantial costs for an audit that you apparently no longer wish to hold. We remain willing, as always, to host the on-site minute audit and would be amendable to speaking with you about rescheduling.

Sincerely,
Michael B. DeSanctis
Counsel for Sorenson Communications, Inc.
cc: Kent Nilsson, Inspector General

To read the comments: http://blog.deafread.com/mishkazena/2008/12/11/sorenson-denies-barring-fcc-auditors-access-to-its-records/

Congressional Report Criticizes FCC and Sorenson

Wed, 10 Dec 2008 23:41:28 GMT

DECEPTION AND DISTRUST
THE FEDERAL COMMUNICATION COMMISSION UNDER CHAIRMAN KEVIN J MARTIN

This investigation was prompted by allegations to the effect that Chairperson Kevin J Martin has abuse FCC procedures by manipulating or suppressing reports, data, and information. Allegations of a broken process at the FCC came from current and former FCC employees, telecommunications industry representatives, and even other commissioners, and were often reported in the press.

According to Mr. Chandler, a single VRS company [Sorenson Video Relay Services] provides 82 percent of all VRS minutes. Continued Mr. Chandler:

‘we know that the dominant provider was overcompensated approximately 80 million in calendar 2006 and 57 million in calendar 2005 ‘

”Despite objections from the FCC staff, three months later Chairman Martin was preparing to circulate a new order setting compensation rates for TRS providers. In a September 4, 2007, e-mail to Chairman Martin’s senior staff, Mr. Chandler delivered what he called ‘last gasp’ on the subject in an attempt to correct the situation:

Does the chairman recognize that these rates perpetuate the enormous (100 million a year) windfall for Sorenson, at the expense of the ratepayers [sic], Does he realize that Sorenson’s own filing shows that its actual cost of proving [sic] VRS in calendar 2006 was in the low $4.00 range, so that the present $6.64 rate was more than 50% higher than Sorenson’s actual costs?

The FCC’s Inspector General (IG) engaged KPMG to conduct an audit for Sorenson. On April 10, 2008, KPMG reported to the FCC that Sorenson had denied the KPMG auditors access to the staff and systems necessary to conduct the audit, and refused to permit them to review the company’s unredacted financial statements for 2004, 2005, and 2006. KPMG was therefore unable to conduct the audit.

Conclusion: We recommend that the FCC immediately initiate a full investigation and audit of Sorenson. It is simply unacceptable that a company subject to Commission regulation and which every year receives millions of dollars from a Government fund can refuse to open its books to Government-authorized auditors. The FCC’s apparent failure to insist on auditing Sorenson’s books indicates an abdication of its responsibility to administer and protect the integrity of the TRS Fund.

In addition, we recommend that GAO investigate the entire TRS program, including the FCC’s efforts to protect the integrity of the Fund and IG’s audits

For the full report: http://energycommerce.house.gov/images/stories/Documents/PDF/Newsroom/fcc%20majority%20staff%20report%20081209.pdf

For more disucssion on this topic, check out Ed’s blog Ed’s Telecom Alert » Allegations Against FCC Chair Martin

Commentary: Remember how Sorenson used its consumer list to urge the Deaf Community to protest the TRS cuts, in a blatant violation of conflicts of interest? It turns out that the company actually received monies over 50% of its actual costs, with the company being overpaid 80 million dollars in 2006? In other words, they lied to its Deaf consumers about its true operating costs and manipulated them into protesting against the cuts.

Now we hear that Sorenson actually had the audacity to refuse access to the auditors its records.

We witness its monopolistic practices, hugging 82 percent of the market share, and its former unfair practice against the interpreters by insisting that they cannot work for another VRS for a period of time after resigning from Sorenson. Earlier this year Sorenson asked FCC for an extension for the 10 digit numbers, against the wishes of the Deaf Community.

Now this Congressional report alleging corruption.

The Copy from My regular blog: http://blog.deafread.com/mishkazena/2008/12/10/congressional-report-criticizes-fcc-and-sorensen/

The Cold Case: Thumb Down

Mon, 31 Mar 2008 17:29:00 GMT

Review: Thumbs down.

Andy in C Minor A deaf teen, who was thought only to be missing since 2006, is discovered to have been murdered when his blood is found in a storage room at the high school for the deaf he attended. Cold Case Television show - Cold Case TV Show - Yahoo! TV

In a brief, the acting and linguistic skills of the Deaf Students are good. The signing skills of the detectives are reported by a Deaf character as lousy, a plus. The use of the principal as an interpreter is a big no no due to conflicts of interests and lack of qualifications, but we have seen Hollywood regularly flouting that rule. The Deaf students are portrayed normal with healthy self-esteem. The Deaf Culture is explained in the show rather sketchy. Then it take a deep dive afterwards.

The plot downright sucks. It is disheartening to see another show about the conflicts of cochlear implant in the Deaf World and the angst Deaf people experience to the point of a murder being commited. I seem to recollect there was an episode, Law and Order: Criminal Intent episode, “Silencer,” shown last year where a cochlear implant surgeon is murdered by a Deaf patient’s Deaf boyfriend distraught over her new cochlear implant. *rolling eyes* Seriously how many Deaf people will kill people due to cochlear implant conflicts?

This is getting tiresome and unfairly portrays Deaf Community in a negative limelight, painting us rabid, frothing at the mouth, and murderous toward the cochlear implant users. I see a possible new stereotype of Deaf Community emerging, thanks to Hollywood. What does this teach the hearing parents of deaf children and babies sporting cochlear implants and the public about the Deaf People and their culture?

The plot of the movie, Sweet Nothing in My Ear, which will be shown in three weeks covers the dilemma of the Deaf and hearing parents debating fiercely whether to have their recently deafened child implanted or not. Sigh, yet another cochlear implant controversy.

Why cannot Hollywood see that Deaf Community has a lot more to offer and cover a story that doesn’t involve the cochlear implants?

What do you think of this show?

Update: Here is the link where you can send complaints to the CBS http://www.cbs.com/info/user_services/fb_global_form.shtml. Please share with them your objections about their negative stereotyping of the Deaf Community. Their actions were irresponsible and wildly inaccurate, smearing the reputation of a linguistic minority group. MZ

Friday, February 01, 2008

Fri, 01 Feb 2008 22:09:02 GMT

The Best Gift A CODA Made For Her Parents

Many years ago while I am still a novice ASL signer, I became good friends with two ASL interpreters, both hearing. They taught me a lot about ASL. These two friends took me to ASL Interpreter workshops in the Deep South where I learned more about ASL and Deaf Culture.

One of the interpreters, I’ll call her Gina, grew up with Deaf Parents in the Deep South. Back then in 1950’s, ASL was considered unacceptable and hearing children were not exposed to ASL. Out of love and concern for their hearing children, her Deaf parents talked orally to the kids. At the beginning when the children were small, the oral communication went smoothly. But as the they grew older and their language became more complex, strains in the communication occurred more often. Many times Gina, in frustration, watched her parents signing to their Deaf friends, wishing she knows ASL so she can communicate freely with them, too. However, she dutifully respected her parents’ firm desire to keep their communication oral only.

As the years progressed, Gina moved away, got married and had children. There was a deaf program in her church. Fascinated, she watched the interpreter doing her job at the front of the pews. Determined, she took ASL classes. Much to her surprise, she learned very quickly, having concluded that she must have already learned the signs subconsciously while watching the Deaf people converse around her during her growing up years. While she practiced sign language with the local Deaf folks, she never spilled the words to her parents…. She practiced and became fluent.

Then one day, Gina went to visit her parents. There were other Deaf friends visiting and she watched them converse in ASL, as usual, not saying anything. A deaf person mentioned something to Gina in ASL and she responded in ASL. They struck a conversation in ASL

Across the room, her dad suddenly stopped signing and turned around, gawking at her in surprise. Slowly he arose from his chair and walked across the room to where she was sitting. “you can sign?” he asked. She nodded, smiling. With a look of amazement and pure joy, he hugged her.

It was the best gift she could give to her Deaf Parents: ASL, their language.

Commentary: As a result of her learning ASL, she and her parents became even closer. She became one of the best ASL interpreters I’ve worked with, signing like a native ASL user.

I wiped tears when she told me this story. I’m a sucker for stories with happy endings :) MZ

Mishka Zena » Blog Archive » The Best Gift A CODA Made For Her Parents

Tuesday, January 29, 2008

Tue, 29 Jan 2008 15:38:42 GMT

I'm bringing Xanga back - drop a comment if you're with me!

Tuesday, January 29, 2008

Tue, 29 Jan 2008 15:36:18 GMT

I'm bringing Xanga back - drop a comment if you're with me!

Canada ASL Protest

Thu, 10 May 2007 17:35:27 GMT

I realized why am I not posting here along with my other Mishka Zena now that I have more time?

So I'll resume that here so the Xangaians can enjoy the posts. Elizabeth

Protest: Deaf Children of Canada Needs Your Help!!

Deaf Children of Canada Needs Your Help!!

In Ontario, there will be over 1,000 Deaf people rallying against the
mandates that Canadian government intend to impose that will forbid Deaf
children with cochlear implants to learn ASL.

We can help them by showing our support against the mandates at the
Canadian Embassy on 501 Pennsylvania Ave near Union Station this Friday
at 9:30am for only one hour.

Gallaudet’s graduation ceremony begins at 1pm so we have plenty of time
to show our support then return to celebrate with our graduating seniors
and other scholars.

If Canadian government does this then it may be the precedent for other
countries and states to follow. Clearly, this act of language genocide
cannot be tolerated and is dangerous beyond comprehension.

Please show up at:

Embassy of Canada
501 Pennsylvania Ave
Washington, DC

9:30 to 11:00am

Thank you!!

RC
–commerson

Update: From RC- Fwd: Either meet at the embassy at 9:30 or meet benson circle
8:55am :) For those who want to meet on gallaudet campus and go to embassy in
group, meet Benson Circle at 8:55am

Commentary: I’m posting this for a friend. Over 1,000 is expected to participate in the protest at Canada? If so, that will be a very impressive turn out. I guess countless letters of objections raised by its concerned citizens aren’t sufficient to convince the government to see the light about the issues raised by its extremely short-sighted and dictatorial policy.

Since when is it ok for the government to interfere with the parents’ rights to raise their children as they see fit? What if the children aren’t able to benefit fully from C.I.s alone and the parents want to supplement with sign language? The practice of govermental powers overriding the rights of the parents isn’t unusual in a communist country, but this is happening in Canada, a democratic country. This disquieting precedent can easily spread to other countries, removing the rights of the parents to determine the communication needs of their C.I.-using deaf children.

In a response to a reader, I’ve added more information. The ban against ASL among deaf children using C.I. by the Dept of Ministry is noted on the top part of page two in this report, “Accessibility for Ontario With Disabilities Act, 2004 to the Standing Committee on Social Policy with Respect to Bill 118″ http://www.chs.ca/pdf/Bill_118_Submission.pdf

The Graduate Hooding and Award Ceremony is on today. To see the live streaming video of this ceremony, click on this link: http://news.gallaudet.edu/

Hamas TV ‘Mickey Mouse’ Teaches Islamic Supremacism (subtitled)
http://www.youtube.com/watch?v=hcmHvczBGqg&mode=related&search=

This movie is now rapidly circulating in YouTube, put there by people outraged at the effords of this fundamental religious group to indoctrinate its impressive young kids. Not only is it sparking a great controversy here in America, but also in Pakistan as none wants to see innocent children possibly being used as walking killing machnes.

Disney is infamous for going after people who uses its trademark names illegally with a vengeance. Not even children are immune from Disney’s wrath. This brings up a question. Will we be seeing Disney suing this radical group for infringement of copyright laws?

To read the comments left at the other blog, click on this http://blog.deafread.com/mishkazena/2007/05/10/protest-deaf-children-of-canada-needs-your-help/

Thursday, November 23, 2006

Thu, 23 Nov 2006 14:39:45 GMT

A Thanksgiving Message

This has been an incredibly difficult year for Gallaudet and the Deaf Community. We witnessed a severe split in both communities, with many relationships strained or ruined. We saw students assaulted and their rights trampled. They haven't received justice yet as long as the paid employees who harmed them are still working, despite the fact that they broke the university staff conduct policy and DC laws. The 135 people arrested on Black Friday are experiencing reprisals way out of proportion to their misdemeanors.

The lid of oppression was opened in 1988 and closed in 1990 with the death of student activist Carl Dupree. Now the lid has been blown into pieces and it will never be closed again. We have become more empowered than ever in the history of the deaf community.

We will never go back and bear the chains of oppression again.

However, we still have a long way to go. Gallaudet is still in a very big mess. The ousting of Fernandes is the first step, but we need to work on the flaws that made this fiasco possible. We didn't do it after DPN and because of that failure, the anarchic and oppressive system was still practiced. Hence another protest, Unity for Gallaudet, and this time we need to fix the broken system so Gallaudet won't be crippled with oppression, audism, racism, and management by intimidation. Once the wounds are healed and shared governance is up and running, we'll know that Gallaudet is ready to move forward proudly with full sails.

But let's take the day off today and be thankful for all the blessings we have.

We are thankful that the students are no longer sleeping outside in freezing temperatures. We are thankful twenty hunger strikers are eating again.We are thankful that the students are having a break from Gallaudet, to be spent with their families and/or friends.

We are thankful that the Deaf Community rallied and supported the students during the first phase of the protest. We have seen unity in both Gallaudet and theDeaf Community, as never before. We saw new understanding between deaf people about the -isms separating us. Many alumni renewed old friendships and many new friendships arose. Comradeship flourishes again.

We have seen an explosion of deaf blogs and vlogs, thanks to DeafRead who helped bring them all in one site. The Deaf Community drew closer. Despite attempts by Gallaudet to impose at censorship on campus, information flows freely as never before. We have moved up to a new awareness, to a new stratosphere. We have become more empowered, more than we did in 1988.

Have a Happy Thanksgiving, everybody

Elizabeth and Dave

new blog link: http://www.deafread.com/blogs/?id=144

Thanksgiving links:

Click here: Turkey Trivia Quiz

Troubleshooting Thanksgiving: The Turkey Is Still Frozen:

http://www.realsimple.com/realsimple/package/0,21861,1119186-1119770,00.html

A NEW BLOG

It just came to my attention that I’ve forgotten to update on the old blog the news that I’ve started on a new blog, with the same name, Mishka Zena

This blog has 675 posts since the first weekend of Oct. The first phrase of the protest going at breaknecking pace is over and the second part of the protest is now slower. So I’ve been covering different topics of interest to the deaf community.So I feel that it is time to retire this blog and start anew with a new blog, Mishka Zena (http://www.deafread.com/blogs/?id=144)

Many apologies for my late update. I have no excuse except that it is still hectic for me. Elizabeth

Monday, October 30, 2006

Mon, 30 Oct 2006 00:17:09 GMT

we won

Saturday, October 28, 2006

Sat, 28 Oct 2006 16:34:21 GMT

Hi, Xanga Readers!

There are many updates in my other blog, as usual.

Come over and read them :)

http://mishkazena.wordpress.com/

Unity for Gallaudet

elizabeth

With deep disappointment, I had to cancel my plans to meet other protesters at Gallaudet yesterday. I have a debilitating illness and am getting sicker cuz of my constant blogging. However, I will continue trying my best to blog for the readers. Hopefully I can get some strength to stop by Gallaudet briefly tomorrow. Wish me luck! :) elizabeth

MishkaZena's Xanga

Sorenson Denies Barring FCC Auditors Access To Its Records

Congressional Report Criticizes FCC and Sorenson

DECEPTION AND DISTRUSTTHE FEDERAL COMMUNICATION COMMISSION UNDER CHAIRMAN KEVIN J MARTIN

The Cold Case: Thumb Down

Review: Thumbs down.

Friday, February 01, 2008

The Best Gift A CODA Made For Her Parents

Tuesday, January 29, 2008

Tuesday, January 29, 2008

Canada ASL Protest

Protest: Deaf Children of Canada Needs Your Help!!

Thursday, November 23, 2006

Monday, October 30, 2006

Saturday, October 28, 2006

Hi, Xanga Readers!

DECEPTION AND DISTRUST
THE FEDERAL COMMUNICATION COMMISSION UNDER CHAIRMAN KEVIN J MARTIN