FCC Mandates More Accessible Digital Cell Phones

Editor: The FCC has finally moved to require digital cell phones to be compatible with hearing aids and cochlear implants! This is wonderful news for the hearing loss community. The first requirements are a couple of years down the road and only require a couple of models from each company, but it's a great start!

Note, however, that there are a couple of problems. One is that telecoil compatibility requirements are severely restricted. Perhaps more important, there is no enforcement mechanism. Much like the ADA, the consumer is responsible for ensuring compliance. I've noticed that when the politicians really believes a law is important, they include an enforcement mechanism - take income tax as an example.

Here are portions of a press release from SHHH. Links to the actual ruling and to the SHHH site are contained in the paragraphs below.

Happy wireless phoning!

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July 2003 (Washington, DC)-Self Help for Hard of Hearing People (SHHH), the nation's foremost membership and advocacy organization serving consumers with hearing loss, is pleased to announce that the Federal Communications Commission (FCC) has modified the Hearing Aid Compatibility Act of 1988 (HAC Act) exemption for wireless phones. The exemption has been in place for 15 years, severely limiting access to the advances made in wireless telephone technology for over six million Americans who wear hearing aids or have cochlear implants. The modifications will mandate that digital wireless telephone manufacturers and carriers offer consumers with hearing loss more access to this technology, along with clear labeling requirements and an outreach program in collaboration with the Food and Drug Administration (FDA) to educate the public on hearing aid use with wireless phones.

The FCC's decision modifies the HAC Act to require that a significant percentage of digital wireless phones can be safely and effectively used with hearing aids, thereby offering consumers with hearing aids better access to the wireless network enjoyed by most Americans. To make digital wireless phones accessible to people with hearing aids and cochlear implants, the FCC has mandated that manufacturers and service providers must reduce the amount of interference emitted from digital wireless phones and must provide the internal capability for telecoil coupling.

SHHH sees requirements for access to digital wireless telephones as critical in today's world, given that 30-50 percent of calls to the 911 emergency response services come from wireless telephones, and with the impending phase-out of analog services. SHHH notes that people with hearing loss who benefit from telecoil coupling of hearing aids to telephone handsets may be especially vulnerable, and need at least equal access to the safety, security and convenience provided by wireless technology.

Within two years, every major manufacturer must make two handsets available to consumers with interference reduced to U3 levels for each air interface it produces - for example GSM, CDMA, TDMA. The manufacturers have longer - three years - to have available two telecoil-compatible handsets at the same "normal use" (U3T) level. The FCC encourages, but does not require, the manufacturers to offer one lower-priced handset and one with high-end features. In addition, tier one wireless companies - such as, Verizon, Sprint, Nextel or AT&T - must have two U3 compliant handsets or 25 percent of their total handset models, whichever is greater, available to consumers within two years.

Not all handset manufacturers and carriers are covered, however. There is an exemption to the rule for manufacturers and carriers that offer two or fewer handset models for sale in the U.S. This does not necessarily mean "small" companies but is determined by the number of handset models each company makes. Examples of such companies would be Toshiba and Panasonic. Siemens is an example of a company that makes three handset models, and would be required only to manufacture one model that is telecoil compatible.

The order becomes even more important and influential in five years - by February 18, 2008, the date when analog service will be phased out, a full 50 percent of all digital wireless telephones must be manufactured with reduced (U3) interference. This does not, however, apply to telecoil coupling - the telecoil requirement is very limited and not expanded beyond the three-year requirement.

Carriers and handset manufacturers must report every six months to the FCC on their efforts towards compliance. At the end of three years the FCC plans to hold a proceeding to decide what the future direction of access to digital wireless telephones should be.

The good news for consumers is that the order requires labeling on the handset packaging and information in accompanying user manuals of compliant handsets. It also requires that service providers give out performance ratings of phones to consumers. This will help consumers make an easier selection when shopping for a telephone. The commission is also planning to engage in a targeted information outreach campaign in coordination with the FDA.

A noteworthy omission in the order is that there are no enforcement provisions for non-compliance with the regulations. The FCC relies on reporting by the companies and complaints from consumers to judge how well the requirements are being met.