Proposed Relief from FCC Form 655 Annual Filings
On September 26, 2017, the Federal Communications Commission adopted a Notice of Proposed Rulemaking (FCC 17-123) in WT Docket No. 17-228, released on September 27, 2017. The Commission proposes revisions to 47 CFR Part 20 that would relieve non-Tier I wireless service providers—encompassing regional, small, and rural carriers—from the requirement to file annual hearing aid compatibility (HAC) status reports using electronic FCC Form 655.
Under the proposed amendment to Section 20.19(i), device manufacturers would continue to file annual compliance reports by July 15, and nationwide Tier I carriers would continue to file by January 15. Service providers that are not Tier I carriers would no longer be required to submit annual reports, though all underlying handset deployment benchmarks, in-store testing mandates, and website disclosure requirements would remain fully enforceable.
Background and Existing HAC Reporting Obligations
The Commission established wireless hearing aid compatibility rules in 2003, initially requiring covered handset manufacturers and wireless service providers to submit status reports semi-annually from 2004 through 2006, and annually in 2007 and 2008. In 2008, the FCC made annual reporting an open-ended requirement for all covered entities, regardless of size or whether they qualified under the de minimis exception.
In 2008, the Wireless Telecommunications Bureau made electronic FCC Form 655 available, making its use mandatory starting with the July 15, 2009 manufacturer deadline. Under existing Section 20.19 rules, service provider reports must compile extensive month-by-month compliance data across multiple operational parameters.
- Compliant digital wireless phone models offered to customers since the prior report, listed by marketing model name/number and FCC ID number.
- Air interface(s), operating frequency band(s), ANSI C63.19 M-ratings and T-ratings, and months of retail availability.
- Non-compliant models offered, including model numbers, FCC ID numbers, air interfaces, and months of availability.
- Total numbers of compliant and non-compliant models offered per air interface as of the filing date.
- Information regarding retail store availability, functionality levels and rating methodologies, product labeling status, outreach efforts, and public website URLs detailing compatible offerings.
Issues and Alternatives Under Review
The Commission notes that recent filings reflect near universal compliance with HAC deployment benchmarks by small and regional carriers. Associations such as the Rural Wireless Association (RWA) indicated that preparing the annual filings imposes significant administrative and labor burdens on smaller entities. In the rulemaking, the FCC seeks public input on whether the burdens of Form 655 reporting for non-Tier I providers outweigh the informational and enforcement benefits.
The FCC is exploring several alternatives and regulatory questions regarding the scope and implementation of the proposed rule changes.
- Consumer Information Access: Whether consumer information needs are adequately met through existing in-store testing rules, carrier website postings, Tier I and manufacturer Form 655 filings, and third-party tools like the Mobile & Wireless Forum's Global Accessibility Reporting Initiative (GARI).
- Enforcement and Monitoring: Whether the FCC can rely on its informal complaint process and reports from Tier I carriers and manufacturers to track compliance and access to hearing aid-compatible technology.
- Scope and Size Standards: Whether to define the exemption by Tier I carrier status, by a subscriber threshold (such as 500,000 subscribers as used in Tier III definitions), or by small business employee caps (such as 1,500 employees).
- Modified Reporting Intervals or Certification: Whether to implement a three-year reporting cycle or replace comprehensive Form 655 filings with an annual compliance certification.
- Implementation Timing: When an exemption should take effect, including immediately upon adoption or tied to future benchmark milestones.
Filing Instructions and Procedural Details
The proceeding is designated as permit-but-disclose under the Commission's ex parte rules. Interested parties may file comments within 30 days after publication of the Notice in the Federal Register, and reply comments within 45 days after publication, referencing WT Docket No. 17-228.
Filings may be submitted electronically via the FCC's Electronic Comment Filing System (ECFS) or delivered as paper originals and copies to the FCC Office of the Secretary. Statements regarding the rulemaking were issued by Chairman Ajit Pai and Commissioners Mignon L. Clyburn, Brendan Carr, and Jessica Rosenworcel.