FOR IMMEDIATE RELEASE NEWS MEDIA CONTACT:

July 10, 2003 Chelsea Fallon at (202) 418-7991

[cfallon@fcc.gov](mailto:mmccarri@fcc.gov)

**FCC ACTS TO PROMOTE ACCESSIBILITY OF DIGITAL WIRELESS PHONES**

**TO INDIVIDUALS WITH HEARING DISABILITIES**

Washington, D.C. -- Today the FCC adopted a Report and Order requiring
wireless manufacturers and service providers to make digital wireless
phones accessible to the more than 6 million individuals with hearing
disabilities that use hearing aids.

Specifically, the Commission modified the exemption for wireless phones
under the Hearing Aid Compatibility Act of 1988 (HAC Act) to require
that digital wireless phones be capable of being effectively used with
hearing aids.  The FCC found that modifying the exemption will extend
the benefits of wireless telecommunications to individuals with hearing
disabilities, thereby increasing the value of the wireless network for
all Americans. 

The Commission's actions fulfill the Congressional goal of ensuring
access to telecommunications services for individuals with hearing
disabilities and are critical in light of the rising number of wireless
calls to emergency services and the growing trend among wireless
carriers to move away from analog services in favor of more efficient,
feature-rich digital services.

In order to make digital wireless phones accessible to individuals who
use hearing aids, the Commission found that digital wireless phone
manufacturers and service providers should be required to take steps to
reduce the amount of interference emitted from digital wireless phones
and to provide the internal capability for telecoil coupling. 

[Background]{.underline}

Hearing aids operate in one of two modes -- acoustic coupling or
telecoil coupling. Hearing aids operating in acoustic coupling mode
receive and amplify all sounds surrounding the user, both desired
sounds, such as a telephone's audio signal, as well as unwanted ambient
noise. Hearing aids operating in telecoil coupling mode avoid unwanted
ambient noise by turning off the microphone and receiving only magnetic
fields generated by telecoil-compatible telephones.  In the United
States, about 25-30 percent of hearing aids contain telecoils, which
generally are used by individuals with profound hearing loss. 

Approximately six million Americans use hearing aids to improve their
hearing. Although analog wireless phones do not generally cause
interference problems for hearing aid users, digital wireless phones can
cause interference to hearing aids and cochlear implants because of
electromagnetic energy emitted by the phone's antenna, backlight, or
other components.  This interference can be significant enough to
prevent individuals with hearing aids from using wireless phones.

The HAC Act and Section 68.4 of the Commission's rules require most
telephones to be compatible with hearing aids. However, the statute and
rules exempt certain categories of telephones from the hearing aid
compatibility requirements, including wireless phones.

To make certain that the HAC Act kept pace with the evolution of
telecommunications, Congress directed the Commission to periodically
assess whether the exemption for wireless phones should be revoked or
limited. Specifically, the statute requires the FCC to "revoke or
otherwise limit" the exemptions if the Commission determines that
specific requirements have been met.

In the adopted Report and Order, the Commission found that the statutory
requirements for modifying the exemption have been met. Modifying the
exemption for wireless phones will serve the public interest by
facilitating access by individuals with hearing disabilities to digital
wireless telecommunications services, including the ability to contact
public safety agencies in an emergency.

[Specifics of the Adopted Report and Order]{.underline}

The Commission took the following actions in the adopted Report and
Order:

\- adopted certain performance levels set forth in a technical standard
established by the American National Standards Institute (ANSI) as the
applicable technical standard for compatibility of digital wireless
phones with hearing aids;

\- required compliant handsets to provide both reduced radio frequency
(RF) interference ("U3" as defined in the ANSI standard) and telecoil
coupling capability ("U3T" as defined in the ANSI standard);

\- required digital wireless phone manufacturers to make available to
carriers within two years at least two HAC-compliant handsets with
reduced RF emissions for each air interface it produces; and required
each carrier providing digital wireless services, except for nationwide
(Tier I) wireless carriers, to make available to consumers within two
years at least two HAC-compliant handsets with reduced RF emissions for
each air interface it offers;

\- required nationwide (Tier I) wireless carriers to offer within two
years two HAC-compliant handsets with reduced RF emissions for each air
interface it employs, or to ensure that one quarter of its total handset
models are HAC-compliant with reduced RF emissions within two years,
whichever option yields a greater number of handsets;

\- required digital wireless phone manufacturers to make available to
carriers within three years at least two HAC-compliant handsets with
telecoil coupling for each air interface it produces; and required each
carrier providing digital wireless services to make available to
consumers within three years at least two HAC-compliant handsets with
telecoil coupling for each air interface it offers;

\- created a *de minimis* exception exempting digital wireless carriers
and manufacturers that offer two or fewer total handset models from
offering any HAC-compliant handsets, and permitting digital wireless
carriers and manufacturers that offer three handset models to offer only
one HAC-compliant handset model;

\- encouraged digital wireless phone manufacturers and service providers
to offer at least one compliant handset that is a lower-priced model and
one that has higher-end features;

\- required one half of all digital wireless phone models offered by a
manufacturer or carrier to be compliant with the reduced RF emissions
requirements by February 18, 2008, the sunset date for the FCC's
requirements that wireless carriers offer analog service;

\- required wireless carriers and digital wireless handset manufacturers
to report semiannually (every six months) on efforts toward compliance
during the first three years, then annually thereafter through the fifth
year of implementation;

\- required manufacturers to label packages containing compliant
handsets and to make information available in the package or product
manual, and required service providers to make available to consumers
the performance ratings of compliant phones;

\- committed to compiling an FCC staff report on the progress of the
implementation of these rules shortly after the end of three years, and
to initiate a proceeding to reevaluate the situation to determine what
further steps are required; and

\- encouraged hearing aid manufacturers to label their pre-customization
products according to the ANSI standard.

The Commission indicated that it expects hearing aid manufacturers to
begin labeling hearing aid models with their specific ratings in
accordance with the ANSI standard in order to assist consumers in
successfully combining digital wireless handsets with hearing aids. If
inadequate progress is made by these manufacturers in labeling hearing
aids, the Commission plans to examine the scope of its jurisdiction over
hearing aid manufacturers in order to facilitate the goal of achieving
hearing aid compatibility for consumers.

In addition, the Commission encouraged digital wireless handset
manufacturers and service providers to engage in outreach efforts to
educate the public on hearing aid use with digital wireless phones, and
to help identify compliant phones for consumers and audiologists. The
Commission also announced that, through the Consumer & Governmental
Affairs Bureau, it would engage in a comprehensive targeted outreach
campaign, in coordination with the Food and Drug Administration, to
ensure that individuals with hearing disabilities are informed of the
actions taken in the Report and Order and the availability of hearing
aid compatible wireless digital phones. These coordinated outreach
efforts will include fact sheets and other information made available
through the FCC's web site and national call center, a Consumer Alert
outlining the requirements of this Order, and dissemination of
information about the accessibility of HAC-compliant digital wireless
phones to schools, to the medical community, and to groups and
associations representing individuals with hearing disabilities and
audiologists.

-- FCC --

Action by the Commission July 10, 2003, by Report and Order (FCC
03-168). Chairman Powell, Commissioners Abernathy, Copps, Martin, and
Adelstein, with Chairman Powell, Commissioners Abernathy, Copps, Martin,
and Adelstein issuing separate statements.

FCC Wireless Bureau Contacts: Mindy Littell at (202) 418-0789, e-mail at
<mlittell@fcc.gov> or Greg Guice at (202) 418-0095, e-mail
<gguice@fcc.gov>

WT Docket: 01-309