FCC Takes Strong Action on Accessibility of Wireless Phones

By Cheryl Heppner

August 2010

Editor: Here's more on the recent FCC actions to improve the accessibility of wireless phones. This article is from reporter extraordinaire Cheryl Heppner, who was at the meeting at which these important decisions were announced.

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It was another hot morning in Washington, D.C. today, but definitely worth the trek to the Federal Communications Commission for its Open Meeting. Sitting next to Lise Hamlin, Hearing Loss Association of America's Director of and Public Policy, I watched the five commissioners unanimously approved a policy statement, report and order, and further notice of proposed rulemaking. Their actions put hearing aid compatibility of wireless phones in the spotlight. They also made clear the Commission's expectation that, as innovation advances in mobile telecommunication, hearing aid compatibility is to be a given.

Ruth Milkman, Chief of the FCC's Wireless Telecommunications Bureau, was recognized for her bureau's work on hearing aid compatibility issues. Also recognized were Jeffrey Steinberg and Karen Peltz Strauss.

Policy Statement
John Borkowski, also of the Wireless Bureau, presented the Policy Statement. It encourages development of new technology and emphasizes that hearing aid compatibility should be addressed at the design stage of product development so any compatibility issues can be addressed before the product is ready for release.

Report and Order
The Second Report and Order adopted by the Commission had these key actions:
- Clarification that the hearing aid compatibility rules cover customer equipment that contains a built-in speaker and is designed to be held to the ear.
- Change in an exception to the rule; all large entities will now be required to offer at least one hearing aid compatible model after a two-year initial period.
- Expansion of the rules to include handsets sold through all distribution channels, a step up from the previous requirement that covered only ones sold through wireless service providers.

Further Notice of Proposed Rulemaking
The Commission's vote included issuing a Further Notice of Proposed Rulemaking to extend the hearing aid compatibility rules to customer equipment over any type of network.

Roundtable of Industry and Disability Group Leaders
Chairman Julius Genachowski announced that the FCC will convene a roundtable of industry and disability group leaders. The goal is to renew the collaborative process to address the challenges of hearing aid compatibility up front in the development process.

Excerpts from Remarks by the Commissioners

Commissioner Michael J. Copps
"I am particularly pleased that the outcome we reach today was shaped in no small measure by the input and contributions of the Hearing Loss Association of America and others from the hearing loss community."

"As opportunity-creating technologies keep coming at us, we need to be always ready to make sure these new products and services - so full of promise for our disabilities communities - are available to them."

"In wake of last month's celebrations in honor of the twentieth anniversary of the landmark Americans with Disabilities Act, I hope that we are all re-energized to tackle the outstanding issues in this proceeding as well as the wide range of accessibility issues facing this Commission."

Commissioner Robert M. McDowell
"Workable and effective hearing aid compatibility is a matter I have supported with enthusiasm throughout my time on the Commission. I am proud of the leadership role that the Commission continues to play in this area."

"Coordinating with industry and representatives of citizens with hearing loss, our actions today collectively preserve conditions for innovation and investment while also ensuring that these consumers are positioned to enjoy the benefit of new technologies as they are introduced in the marketplace."

Commissioner Mignon L. Clyburn
"Modifying the de minimis exception so all large entities will be required to offer at least one hearing aid compatible model within two years after entry will ensure that more handsets are covered by our hearing aid compatibility rules. It should also lead to the most advanced handsets, such as the popular iPhone, being accessible earlier to those with hearing loss."

"I hope the Commission will expeditiously consider the record on the tentative conclusion that our hearing aid compatibility rules should extend beyond CMRS services, to include customer equipment used for wireless voice communications over any type of network by a substantial portion of the public. This would allow the hearing aid compatibility rules to apply to telephone services such as Voice Over Internet Protocol Services, when provided through a handset that is designed to make those phone calls."

Commissioner Meredith Attwell Baker
"The actions taken today on hearing aid compatibility will help ensure that people like my dad, who rely on a hearing, are part of the technology revolution."

"Today we have taken an important step to update our rules on hearing aid compatibility. We are acting to ensure that people across America who rely on hearing aids will be able to join those who already use the most advanced handsets that are driving the wireless broadband revolution. Informed through close consultation with a broad cross section of stakeholders, our approach balances the needs of the hearing impaired community with the need to promote and encourage investment and innovation in handsets. It is a significant achievement and a good result."

Chairman Genachowski
"This item addresses the challenges faced by the eight million Americans who use hearing aids. The Commission's actions today will help Americans with hearing loss have meaningful access to the most exciting and innovative wireless communications devices on the market."

"For too many years, Americans who have hearing loss have faced the uphill battle of attempting to obtain hearing aid compatibility long after the essential communications devices completed their development cycle and went on the market."

"Today's item...sets the stage for some of the latest wireless phones - such as the iPhone - to meet hearing aid compatibility standards. It does so in a way designed to incentivize the broadest possible innovation and investment."

Full transcripts of the Commissioners' remarks can be found at http://www.fcc.gov/ under Headlines for 8/5/10.

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