FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:

September 8, 2005 Chelsea Fallon: (202) 418-7991

**FCC PROVIDES TEMPORARY RELIEF FROM HEARING AID**

**COMPATABILITY REQUIREMENTS FOR WIRELESS CARRIERS**

**OFFERING DUAL-BAND GSM HANDSETS**

WASHINGTON, D.C. -- In a Memorandum Opinion and Order (Order) released
today, the Federal Communications Commission (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's hearing aid compatibility rules require that, by September 16,
2005, wireless handset manufacturers must offer to carriers -- and that
wireless carriers and service providers must offer to their customers --
at least two hearing aid-compatible handsets per air interface. In
addition, nationwide (Tier I) wireless carriers must offer, per air
interface, four hearing aid-compatible digital wireless handset models,
or 25% of the total number of digital wireless handset models offered by
the carrier nationwide must be hearing aid compatible, by September 16,
2005.

In August 2005, the Alliance for Telecommunications Industry Solutions
(ATIS) Hearing Aid Compatibility Incubator Working Group 9, a technical
group that focuses on hearing aid compatibility in wireless GSM handsets
and includes representatives from the wireless industry, as well as the
hearing aid industry and hearing disabled community, asked the FCC to
temporarily base the hearing aid compatibility compliance rating of
dual-band GSM handsets on their operation in the 1900 MHz band only,
rather than on their operation in both the 850 MHz and 1900 MHz bands.
In addition, Cingular Wireless LLC (Cingular), a nationwide wireless
carrier that exclusively offers dual-band GSM handsets that operate in
the 850 MHz and 1900 MHz frequency bands, requested a waiver of
Commission's requirement that nationwide carriers offer at least four
hearing aid-compatible digital wireless handsets to consumers by
September 16, 2005. ATIS and Cingular indicated that hearing aid
compatibility in the 850 MHz band is currently technologically
infeasible.

In today's Order, the FCC, pursuant to its waiver authority, adopted
Working Group 9's recommendation and ruled that, until August 1, 2006,
it will base the hearing aid compatibility compliance rating of
dual-mode 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 adopting Working Group 9's
recommendation, the FCC also granted, in part and with conditions,
Cingular's request for waiver of the FCC's hearing aid compatibility
rules.

In addition, the FCC imposed conditions on Cingular and any other entity
that elects to take advantage of the relief provided in today's Order.
Such entities must take the following actions:

-   Notify the FCC of their decision to avail themselves of the relief
    provided in today's Order in their hearing aid compatibility
    compliance reports due November 17, 2005.

-   Provide detailed information on the status of their efforts to
    provide dual-band handsets that will be hearing aid-compatible in
    the 850 MHz band as well as the 1900 MHz band in both their November
    17, 2005, and May 17, 2006, hearing aid compatibility compliance
    reports.

-   Ensure a 30-day trial period or otherwise adopt an acceptable,
    flexible return policy for consumers seeking to obtain hearing
    aid-compatible GSM handsets.

-   Take reasonable steps to make current technical and anecdotal
    information available to the public regarding the hearing aid
    compatibility of specific GSM handsets.

Cingular must also file an additional report with the FCC by February 1,
2006, that provides detailed information on the status of its efforts to
offer dual-band handsets that will be hearing aid-compatible in the 850
MHz band as well as the 1900 MHz band.

Today's action is consistent with the FCC's goal of bringing the
benefits of digital wireless telecommunications to the millions of
Americans with hearing loss.

Action by the Commission on September 7, 2005, by Memorandum Opinion and
Order (FCC 05-166). Chairman Martin, Commissioners Abernathy, Copps, and
Adelstein. Attached is a statement issued by Commissioner Copps.

For additional information, contact Angela Giancarlo at (202) 418-0680
or Angela.Giancarlo@fcc.gov, Wireless Telecommunications Bureau.

WT Docket No. 01-309

-- FCC --

News and other information about the Federal Communications Commission

is available at www.fcc.gov.

STATEMENT OF

COMMISSIONER MICHAEL J. COPPS

RE: *Section 68.4(a) of the Commission's Rules Governing Hearing
Aid-Compatible Telephones; Cingular Wireless LLC Petition for Waiver of
Section 20.19(c)(3)(i)(A) of the Commission's Rules, Memorandum Opinion
and Order (WT Docket No. 01-309)*.

Today's Order grants Cingular Wireless a limited waiver of our hearing
aid compatibility rules as they apply to wireless phones. It is with
some hesitation that I support this action. I have said before that
strong and clear rules are critical to accomplishing the statutory goal
of ensuring that our Nation's telecommunication networks are accessible
to Americans with hearing loss. Nonetheless I understand that
technological difficulties have emerged for wireless phones operating in
the 850 MHz band. Advocates for the hearing loss community have
expressed support for Cingular's request---and I am satisfied that
Cingular and other participants in the Hearing Aid Compatibility
Incubator Program have been working in good faith to solve this problem
quickly.

I support today's limited waiver because it moves us closer to the goal
of ensuring that Americans with hearing disabilities have access to
digital wireless services. In granting this limited waiver, we have
insisted on regular updates to the FCC on the progress made to develop a
solution for wireless phones that operate in the 850 MHz band. I will
monitor that progress closely---and expect complete resolution by the
firm deadline we have set of August 1, 2006. By that time, nationwide
carriers that operate in the 850 MHz band---either on their own networks
or through roaming agreements---should have hearing aid compatible
phones available to consumers that work in that band.

We have made the relief granted today available to other wireless
carriers, service providers and handset manufacturers. T-Mobile has
already requested similar action, and may avail itself of today's
limited waiver. I am encouraged that the wireless industry has been
engaging in a dialogue with advocates for the millions of Americans with
hearing disabilities so that solutions can be found for hearing aid
compatibility.