FCC Continues Support for Hearing Aid Compatible Digital Wireless Phones

By Cheryl Heppner

June 2005

Editor: I don't normally publish FCC statements in their entirety, because I think they contain a bit more detail than most readers want. But some of their statements are really important to people with hearing loss, and I've found it very difficult to do a decent job of editing them. I was in a quandary about what to do about with the recent FCC statement regarding hearing aid compatible (HAC) digital wireless phones, and I had pretty much decided to go with it, when Cheryl Heppner came to my rescue (yet again ;-). Here are Cheryl's comments on these rulings. I'm sure you'll agree they're much more readable than the FCC statement. (Thanks, Cheryl)

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At an Open Meeting today, Federal Communications Commission Chairman Kevin Martin and his three fellow Commissioners addressed a number of petitions that were filed by the wireless telephone industry, asking the FCC to reconsider its ruling in the 2003 Hearing Aid Compatibility (HAC) Order. The Commissioners voted unanimously to hold fast to most of the items in their previous ruling and allowed modifications for others. They are also asking for public comment on two things.

Angela Giancarlo, Associate Chief of the FCC's Public Safety & Critical Infrastructure Division presented the proposed rules to the Commissioners on behalf of a collaborative effort by the Wireless Bureau and Engineering & Technology Office.

Here are the results of today's ruling:

CHANGES TO THE 2003 ORDER
- The five largest wireless carriers ("Tier 1" carriers) must, per air interface, must make either four HAC handset models available, or ensure that 25% of their handset models are HAC by September 1, 2005.

- The same Tier 1 carriers must, per air interface, make either five HAC handset models available, or ensure that 25% of their handset models are HAC by September 15, 2006.

- The wireless carriers who are replacing older TDMA networks with a different technology have until September 18, 2006 to comply with HAC requirements, provided they meet certain conditions.

REAFFIRMED (NO CHANGE DESPITE IINDUSTRY REQUEST TO RECONSIDER)
- All wireless carriers must ensure that 50% of their handset models are HAC by February 18, 2008.

- HAC digital wireless phones must have prominent labeling on the exterior to show the handset's technical rating.

- More detailed information must be included inside the package. (NEW: The information must allow a consumer to determine quickly and easily which phones are compatible with his or her hearing aid).

- American National Standards Institute's ANSI C63.19 is the appropriate technical standard and should be applied as a 'performance-based' standard to measure the actual performance, rather than a 'build-to' standard that applies only to how devices are manufactured.

- Any future versions of ANSI C63.19 or other proposed performance measures that would meet the criteria will be reviewed expeditiously by the FCC to determine their suitability under the HAC rules.

- Carriers and manufacturers are required to monitor the deployment efforts and provide information to consumers that may be useful in making decisions on their choice of wireless services and handsets.

- The states have the authority to enforce HAC rules, but the FCC retains exclusive jurisdiction over the technical standards for HAC. States must refer questions about whether equipment complies with the technical standards to the FCC Office of Engineering and Technology.

OTHER ACTION
The FCC:
- Recognized that wireless carriers plan to include HAC information on 'call-out cards' included in the handset display in retail stores.

- Clarified that all carrier-owned and operated retail outlets must make live, in-store consumer testing available.

- Clarified that wireless carriers, service providers and handset manufacturers are exempt from HAC rules only if they offer two or less digital wireless handset models on a particular air interface -- but sought comment about whether this should be reduced to just one handset per air interface.

- Encouraged thirty days of 'real-world' testing and flexible return policies to ensure consumers have enough time to identify suitable wireless phones and become comfortable with them.

- Recognized the commitment by wireless carriers to ensure that available HAC handsets will be both 'low-end' (inexpensive, basic features) and 'high-end' (more expensive, advanced features).