[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Rules and Regulations]
[Pages 67915-67917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22231]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 20 and 68

[WT Docket 01-309, FCC 05-166]


Hearing Aid Compatibility Requirements for Wireless Carriers 
Offering Dual-Band GSM Handsets; Request for Waiver of Hearing Aid 
Compatibility Requirements for Cingular Wireless LLC

AGENCY: Federal Communications Commission.

ACTION: Final rule; petitions for waiver.

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SUMMARY: The Federal Communications Commission (FCC or Commission) 
ruled that, until August 1, 2006, it will base the hearing aid 
compatibility compliance rating of dual-band GSM handsets on their 
operation in the 1900 MHz band only. Given its broad applicability, the 
Commission clarified that its action applies to all handset 
manufacturers, carriers and service providers that offer dual-band GSM 
wireless handsets that operate in both the 850 MHz and 1900 MHz bands. 
Consistent with this action, the Commission granted in part a request 
from Cingular Wireless LLC (Cingular). Finally, the Commission imposed 
conditions on Cingular and all other entities that elect to avail 
themselves of the temporary relief granted by the Memorandum Opinion 
and Order (MO&O).

DATES: Effective September 8, 2005.

[[Page 67916]]


FOR FURTHER INFORMATION CONTACT: Angela Giancarlo, Associate Chief, 
Public Safety and Critical Infrastructure Division, Wireless 
Telecommunications Bureau, Federal Communications Commission, 
Washington, DC 20554, (202) 418-0680, TTY (202) 418-7233.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Memorandum Opinion and Order (MO&O) adopted on September 7, 2005 and 
released on September 8, 2005. The full text of the MO&O is available 
for public inspection. In the MO&O and pursuant to its waiver 
authority, the FCC provided temporary, conditional relief from certain 
hearing aid compatibility requirements for carriers and manufacturers 
that offer dual-band digital wireless handsets that use the GSM air 
interface in both the 850 MHz cellular and 1900 MHz broadband PCS 
bands. The FCC ruled that, until August 1, 2006, it will base the 
hearing aid compatibility compliance rating of dual-band GSM handsets 
on their operation in the 1900 MHz band only. This action applies to 
all handset manufacturers, wireless carriers and service providers that 
offer dual-band GSM handsets that operate in both the 850 MHz and 1900 
MHz bands. In connection with this action, the FCC also granted, in 
part and with conditions, a request for waiver from Cingular. Finally, 
the FCC imposed reporting and outreach conditions on Cingular and any 
other entity that elects to take advantage of the relief provided in 
the MO&O.
    2. By way of background, since 2003, the Commission has taken a 
number of actions to further the ability of persons with hearing 
disabilities to access digital wireless telecommunications, including 
adopting ANSI C63.19 as the applicable technical standard for achieving 
hearing aid compatibility of digital wireless handsets. To facilitate 
deployment of digital wireless handsets compliant with this technical 
standard, the Commission established phased-in deployment benchmark 
dates for the offer of hearing aid-compatible digital wireless 
handsets. In this regard the Commission required manufacturers and 
carriers to offer hearing aid-compatible digital wireless handsets by 
September 16, 2005, unless they qualified for a ``de minimis'' 
exception (i.e., offer two or fewer digital wireless handsets in the 
U.S.).
    3. In April 2005, the Commission clarified that applicants for 
hearing aid compatibility certification could rely on either the 2001 
or draft 2005 version of the technical standard, noting that allowing 
the use of the new measurement and rating procedures would assist 
manufacturers and carriers in meeting their compliance obligations. In 
June 2005, the Commission established that by September 16, 2005, Tier 
I wireless carriers must offer four digital wireless handset models per 
air interface, or twenty-five percent of the total number of digital 
wireless handset models offered by the carrier nationwide, that meet a 
U3 rating.
    4. Following these actions, the HAC Incubator Working Group 9 
(Working Group 9), a technical group focused on hearing aid 
compatibility in wireless handsets employing the GSM air interface, and 
Cingular, a Tier I wireless carrier, requested relief from the hearing 
aid compatibility requirements for dual-band GSM handsets in the 850 
MHz and 1900 MHz bands. Working Group 9 recommended that the Commission 
accept an interim hearing aid compatibility rating of a dual-band 
handset employing the GSM air interface based on its operation in the 
1900 MHz band only, rather than to rate the handset based on its 
operation in both the 850 MHz and 1900 MHz bands.
    5. In addition, Cingular requested waiver of the requirement that 
it offer at least four handsets meeting a U3 or higher interference 
rating until such time as the ANSI C63.19 standard has been updated to 
reflect band differences between 1.9 GHz and 850 MHz. Cingular argued 
that compliance with the September 16, 2005, deployment benchmark is 
``technologically infeasible'' as it pertains to dual-band GSM 
handsets. In exchange, Cingular offered to comply with a number of 
conditions. Representatives of hearing aid manufacturers and consumers 
with hearing disabilities, the Hearing Industries Association (HIA), 
and Self Help for Hard of Hearing People (SHHH), respectively, filed 
comments in support of Cingular's proposal for temporary, conditional 
relief.
    6. In the MO&O, the Commission found that adoption of the Working 
Group recommendation would not frustrate the underlying purpose of the 
benchmark requirements for deployment of hearing aid-compatible digital 
wireless handsets. The Commission determined that temporary acceptance 
of the hearing aid compatibility rating for 1900 MHz operation as the 
overall rating for dual-band GSM digital wireless handsets would 
increase users' choices by ensuring the availability of dual-band GSM 
handsets and avoids delaying introduction of such devices that could be 
used by consumers with and without hearing disabilities. Further, the 
Commission found that grant of the requested relief would allow 
manufacturers and carriers to focus on bringing to market fully 
compliant handsets.
    7. The Commission further found that adoption of the Working Group 
9 recommendation satisfies the public interest, particularly given the 
broad support for the recommendation from interested parties. In 
addition, the Commission determined that Working Group 9's commitment 
to resolving the current technical challenge within a limited period of 
time serves the public interest and advances the original intent of the 
Commission's rules--to expeditiously introduce digital wireless 
handsets that are compatible with hearing aids--and continue to work 
collectively and cooperatively to resolve the current challenge.
    8. Accordingly, the Commission ruled that it would accept, until 
August 1, 2006, the hearing aid compatibility compliance rating for 
operation in the 1900 MHz band as the overall compliance rating for 
dual-band GSM digital wireless handsets that operate in both the 850 
MHz and 1900 MHz bands. Given its broad applicability, the Commission 
clarified that its action applies to all handset manufacturers, 
carriers and service providers that offer dual-band GSM wireless 
handsets that operate in both the 850 MHz and 1900 MHz bands.
    9. Consistent with this action, the Commission granted Cingular's 
waiver request in part, but denied the request to the extent that it 
seeks broader relief. In adopting the Working Group 9 recommendation, 
the Commission provided Cingular with a means to comply with the 
September 16, 2005, preliminary deployment benchmark obligation set 
forth in section 20.19(c)(3)(i)(A) of the Commission's rules without 
the need to per se exempt any particular dual-band GSM handset. The 
Commission found Cingular's ``open-ended'' timetable approach would 
frustrate the purpose of the rule and create uncertainty and reiterated 
its expectation that wireless carriers, service providers and handset 
manufacturers make available dual-band GSM digital wireless handsets 
with a U3 or higher rating in both the 850 MHz and 1900 MHz bands no 
later than August 1, 2006. The Commission also found it premature to 
declare that achieving hearing aid compatibility in GSM digital 
wireless handsets is ``technologically infeasible,'' given the ongoing 
efforts to resolve the technical challenges.
    10. Finally, with regard to conditions associated with the relief, 
the Commission found that the conditions proposed by Cingular with some

[[Page 67917]]

modifications would serve the public interest. The conditions adopted 
by the Commission are reprinted below as set forth in the MO&O but 
without footnotes.
     Reporting
    A. Cingular and any other entity that avails itself of the relief 
afforded by this order must so notify the Commission in its upcoming 
November 17, 2005, hearing aid compatibility compliance report. In 
addition to providing notice, such entity must include detailed 
information in its report that describes and discusses with specificity 
the status of its efforts to offer dual-band GSM handsets that achieve 
a rating of U3 or higher in the 850 MHz band in addition to the 1900 
MHz band. We note that this condition is consistent with the 
requirement that compliance reports provide information regarding ``any 
activities related to ANSI C63.19 or other standards work intended to 
promote compliance with'' the Commission's rules and policies.
    B. Cingular and any other entity that avails itself of the relief 
afforded by this order and that so notifies the Commission on or before 
November 17, 2005, (as referenced in condition 1, above), must include 
in its May 17, 2006, hearing aid compatibility compliance report 
detailed information that describes and discusses with specificity the 
status of its efforts to offer dual-band GSM handsets that achieve a 
rating of U3 or higher in the 850 MHz band in addition to the 1900 MHz 
band.
    C. Cingular must file an additional report with the Commission no 
later than February 1, 2006. This report must include detailed 
information that describes and discusses with specificity the status of 
its efforts to offer dual-band GSM handsets that achieve a rating of U3 
or higher in the 850 MHz band in addition to the 1900 MHz band.
     Consumer Outreach
    A. Cingular and any other entity that avails itself of the relief 
afforded by this order must ensure a thirty-day trial period or 
otherwise adopt an acceptable, flexible return policy for consumers 
seeking to obtain hearing aid-compatible GSM digital wireless handsets. 
In addition, such entity must include detailed information in its 
November 17, 2005, and May 17, 2006, hearing aid compatibility 
compliance reports that describes and discusses with specificity 
efforts to ensure a thirty-day trial period or otherwise flexible 
return policy for consumers seeking to obtain hearing aid-compatible 
GSM digital wireless handsets. We note that this condition makes 
mandatory one of the outreach efforts described by the Commission in 
the Hearing Aid Compatibility Order and further discussed in the 
Hearing Aid Compatibility Reconsideration Order. Also, this condition 
is consistent with the requirement that compliance reports provide 
information regarding ``outreach efforts.''
    B. Cingular and any other entity that avails itself of the relief 
afforded by this order must take reasonable efforts to make available 
current technical and anecdotal information for access by the public 
regarding the hearing aid compatibility of specific GSM digital 
wireless handsets. In addition, such entity must include detailed 
information in its November 17, 2005, and May 17, 2006, hearing aid 
compatibility compliance reports that describes and discusses with 
specificity efforts to comply with this condition. We note that this 
condition is consistent with the outreach efforts described by the 
Commission in the Hearing Aid Compatibility Order, as well as the 
requirement that compliance reports provide information regarding 
``outreach efforts.''

I. Procedural Matters

A. Paperwork Reduction Act Analysis

    11. This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law No. 104-13. Therefore, it does not contain any new or 
modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

B. Congressional Review Act

    12. The Commission will not send a copy of this MO&O pursuant to 
the Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A), because 
this MO&O does not amend rules as defined in the CRA, 5 U.S.C. 804(3).

II. Ordering Clauses

    13. The Commission, acting pursuant to Sections 1 and 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), and 
section 1.925 of the Commission's rules, 47 CFR 1.925, grants, to the 
extent set forth in the MO&O, the waiver relief requested in the Letter 
from Thomas Goode, counsel to the Alliance for Telecommunications 
Industry Solutions, and in the Presentation of the HAC Incubator 
Working Group 9, filed on August 1, 2005. Second, the Commission 
grants, to the extent set forth in the MO&O, the petition for waiver of 
section 20.19(c)(3)(i)(A) of the Commission's rules, 47 CFR 
20.19(c)(3)(i)(A), filed by Cingular Wireless LLC on August 5, 2005.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-22231 Filed 11-8-05; 8:45 am]
BILLING CODE 6712-01-P