Background and Statutory Authority
On June 6, 2008, the Federal Communications Commission issued a Small Entity Compliance Guide (DA 08-1315) prepared under Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. The guide assists small businesses, organizations, and governmental jurisdictions in complying with the updated hearing aid compatibility (HAC) regulations adopted in WT Docket No. 07-250 (FCC 08-68).
The regulations implement Section 710 of the Communications Act (47 U.S.C. 610), which mandates reasonable access to telephone service for individuals with hearing loss. Governed under 47 CFR Section 20.19, the rules establish technical requirements, deployment schedules, labeling, public outreach, and reporting duties for digital commercial mobile radio service (CMRS) providers and handset manufacturers.
- Proceeding: WT Docket No. 07-250
- Order Reference: FCC 08-68 (23 FCC Rcd 3406)
- Document Control Number: DA 08-1315
- Statutory Authority: 47 U.S.C. 610 (Hearing Aid Compatibility Act)
Applicability and Technical Rating Standards
The rules apply to digital CMRS networks that provide real-time, two-way switched voice or data service interconnected with the public switched network, utilizing in-network switching facilities for seamless hand-offs in the 800-950 MHz and 1.6-2.5 GHz bands.
Compatibility is determined per air interface (such as CDMA, GSM, TDMA, and iDEN) using the American National Standards Institute (ANSI) Standard C63.19 (either ANSI C63.19-2006 or ANSI C63.19-2007). A digital handset is rated for acoustic coupling if it achieves an M3 or M4 rating for radio frequency interference reduction. A handset is rated for inductive coupling if it achieves a T3 or T4 rating for magnetic field telecoil operation. An exemption applies to manufacturers or service providers that offer only one or two handset models over a given air interface.
- Acoustic Coupling Rating: Minimum M3 (or U3) under ANSI C63.19
- Inductive (Telecoil) Coupling Rating: Minimum T3 (or U3T) under ANSI C63.19
- Frequency Bands Covered: 800-950 MHz and 1.6-2.5 GHz
- De Minimis Exception: Entities offering 1 or 2 models per air interface have no deployment requirement
Manufacturer Deployment and Product Rules
Manufacturers offering more than two handset models over an air interface must meet specific numerical tiers for acoustic and inductive coupling. For acoustic coupling, offering 3 models requires 1 compatible model; 4 to 6 models requires 2 compatible models; and more than 6 models requires at least one-third of total models to meet M3/M4 ratings (rounded down).
For inductive coupling, manufacturers offering 4 or more models must provide at least 2 compatible models until February 15, 2009; the greater of 2 models or 20 percent from February 15, 2009 to February 14, 2010; the greater of 2 models or 25 percent from February 15, 2010 to February 14, 2011; and the greater of 2 models or one-third of total models from February 15, 2011 onward.
Manufacturers must refresh their acoustic coupling lineup starting in 2009: if a manufacturer introduces any new model, half of its required acoustic-compatible models (rounded up) must be new offerings that year. Any physical changes to a handset altering its compatibility rating require a new model designation.
- Labeling: Handset packaging must clearly display the M or T rating, explain the ANSI rating system in the manual or insert, and disclose if Wi-Fi features have not been rated for hearing aid compatibility.
- Website Listing: By January 15, 2009, manufacturers with public websites must post lists of compatible models, ratings, and rating explanations.
- Service of Process: Manufacturers must designate an agent for service of informal complaints and FCC notices.
Service Provider Rules and Filing Requirements
Small service providers face phased handset deployment benchmarks based on the number of models offered per air interface. For 4 or more models, providers must offer at least 2 acoustic-compatible models until September 7, 2008; 50 percent or a minimum of 8 models from September 7, 2008 to May 15, 2009; 50 percent or a minimum of 9 models from May 15, 2009 to May 14, 2010; and 50 percent or a minimum of 10 models from May 15, 2010 onward.
For inductive coupling, small service providers offering 4 or more models must offer at least 2 models until September 7, 2008; one-third or a minimum of 3 models until May 14, 2009; one-third or a minimum of 5 models until May 14, 2010; one-third or a minimum of 7 models until May 14, 2011; and one-third or a minimum of 10 models thereafter. Service providers must also offer a range of functionality across price and feature tiers and make all compatible models available for consumer testing in every company-owned or operated retail store.
Manufacturers must submit status reports to the FCC on January 15, 2009, July 15, 2009, and annually every July 15 thereafter. Service providers must submit annual progress reports beginning January 15, 2009. Reports must include tested models, marketing model numbers, FCC ID numbers, air interfaces, frequency bands, ANSI ratings, functionality tiers, and labeling and outreach status.
- In-Store Testing: Retail stores owned or operated by providers must have all compatible models available for consumer testing.
- Manufacturer Reporting Deadlines: January 15, 2009; July 15, 2009; and annually every July 15 thereafter.
- Service Provider Reporting Deadlines: Annually starting January 15, 2009.
- Required Reporting Data: Model names, FCC IDs, air interfaces, frequency bands, ratings, and functionality methodologies.