Objectives of the Proceeding
In the Report and Order in WT Docket No. 17-228 (FCC 18-167, released November 16, 2018), the Federal Communications Commission modified its wireless hearing aid compatibility rules for covered wireless service providers, including small entities.
Under 47 CFR § 20.19(a)(1)(i), covered service providers are providers of digital mobile service in the United States offering terrestrial mobile service that enables two-way real-time voice communications among members of the public or a substantial portion of the public, including interconnected and non-interconnected VoIP services over frequencies in the 698 MHz to 6 GHz bands.
The Commission eliminated the annual FCC Form 655 filing obligation for all covered wireless service providers after determining the regulatory burdens outweighed the benefits. Wireless device manufacturers remain obligated to file FCC Form 655 by July 15 of each calendar year. In place of Form 655, service providers must comply with updated website posting requirements, retain handset data, and submit an annual compliance certification.
- FCC Form 655 filing waived for service providers for the January 15, 2019 deadline and eliminated for subsequent years.
- Device manufacturers must continue submitting FCC Form 655 annually by July 15.
- Service providers transition to website disclosures, data retention, and annual compliance certifications.
Handset Functionality Offerings and De Minimis Exceptions
The revised rules in 47 CFR § 20.19(c)(4)(ii) and § 20.19(d)(4)(ii) maintain the obligation for service providers to offer M-rated and T-rated wireless handsets across differing levels of functionality, including variations in operating capabilities, features, and price points.
Service providers no longer report compliance with functionality levels on FCC Form 655; compliance is now confirmed via the annual certification process.
De minimis exceptions under 47 CFR § 20.19(e)(1)(i) apply to service providers offering two or fewer digital wireless handsets per air interface in the United States, or those obtaining handsets solely from manufacturers offering two or fewer models in an air interface.
- Differing levels of functionality must be offered for both M-rated and T-rated handsets.
- De minimis providers are exempt from website posting and record retention requirements for the qualifying air interface.
- De minimis providers must still file the annual certification of compliance.
Website Posting and Record Retention Obligations
Non-exempt service providers maintaining publicly accessible websites must publish detailed hearing aid compatibility information under 47 CFR § 20.19(h)(1)-(4). Website content must be updated within 30 days of any relevant changes and must include a date stamp indicating when the page was last updated.
Pursuant to 47 CFR § 20.19(h)(5), service providers must maintain internal records for handsets no longer offered if the model was offered in January 2018 or later and was last offered within the preceding 24 months.
- Website lists must identify all offered hearing aid-compatible and non-compatible models, their marketing names/numbers, FCC ID numbers, ratings, and rating system explanations.
- Websites must define levels of functionality, specify model categorizations, explain feature variations, and link to the FCC's hearing aid compatibility webpage.
- Providers must link to a designated third-party website, such as the Global Accessibility Reporting Initiative (GARI), or post a list of compatible handsets offered in the past 24 months that are no longer offered.
- Internal records must preserve the ratings, marketing names, model numbers, FCC ID numbers, and initial/final calendar months and years offered for discontinued models.
Annual Certification and Implementation Timeline
Under 47 CFR § 20.19(i), all covered service providers, including de minimis entities, must submit an annual electronic certification via the Commission's Form 655 electronic interface by January 15. The submission must reflect status as of the final day of the preceding calendar month.
The certification must be executed by a knowledgeable executive under penalty of perjury pursuant to 47 CFR § 1.16 and § 1.17. If a provider is not in full compliance, it must state the specific requirements violated, the start date of non-compliance, and the end date if applicable.
Sections 20.19(c), (d), and (m) took effect on January 7, 2019. Sections 20.19(e), (h), and (i) require approval from the Office of Management and Budget (OMB) under the Paperwork Reduction Act and become effective following publication of notice in the Federal Register.
- Certifications include executive name and contact details, covered companies, FCC Registration Number (FRN), website URLs (for non-de minimis providers), and the percentage of offered handsets that are hearing aid-compatible.
- The certification for the 2018 reporting period is due following Federal Register publication of OMB approval.
- Certifications for the 2019 reporting period and subsequent years are due annually by January 15.