DA 04 -567

February 26, 2004

**WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON PETITIONS FOR
RECONSIDERATION AND/OR CLARIFICATION OF THE HEARING AID COMPATIBILE
TELEPHONES REPORT AND ORDER**

(WT Docket No. 01-309)

**Comments Due: March 29, 2004**

**Reply Comments Due: April 13, 2004**

On August 14, 2003, the Federal Communications Commission (Commission)
released a *Report and Order* that 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.[^1] The *Report and Order* requires digital
phone manufacturers and service providers to take steps to reduce the
amount of interference emitted from digital wireless phones and to
provide the internal capability for telecoil coupling. On October 16,
2003, several interested parties filed petitions requesting the
Commission to reconsider and/or clarify various aspects of its
decision.[^2] By this Public Notice, the Wireless Telecommunications
Bureau seeks comment on the issues raised in these petitions.[^3]

***The ANSI C63.19 Standard*:** The Commission's *Report and Order*
adopts the ANSI C63.19 [^4] standard as an established technical
standard for digital wireless phone compatibility with hearing aids.[^5]
Cellular Telecommunications and Internet Association (CTIA) asks the
Commission to reconsider its decision to adopt the ANSI C63.19 standard,
as well as other aspects concerning the standard.

***The De minimis Exception:*** In the *Report and Order*, the
Commission adopts a *de minimis* exception for manufacturers and
carriers that offer a small number of handset models in the U.S.[^6]
Specifically, if a manufacturer or carrier offers two or fewer digital
wireless handset models in the U.S., it is exempt from the compatibility
requirements in the *Report and Order*. If a manufacturer or carrier
offers three digital wireless handset models, it is required to make at
least one compliant phone model in two years.

Research in Motion Limited (RIM) and CTIA petition the Commission to
reconsider and clarify that the *de minimis* exception.[^7] For example,
RIM contends that the Commission's *Report and Order* seems to require
all suppliers of handsets, irrespective of size, to enter the new market
with two compliant handsets or none at all.

***State Regulation and Enforcement of HAC Rules:*** In the *Report and
Order*, the Commission delegates enforcement of the hearing aid
compatibility rules to those states which have adopted and provided for
enforcement of the hearing aid compatibility rules. [^8] The *Report and
Order* requires that the procedures set forth in Part 68, Subpart E are
to be followed and establishes a 30-day period after complaints are
filed, to resolve disputes on an informal basis.[^9] The *Report and
Order* further provides that in the absence of state laws adopting the
hearing aid compatibility requirements, the Commission will hear
informal complaints.[^10]

Verizon Wireless and CTIA petition the Commission to reconsider its
creation of a separate regulatory and enforcement role for the states.
[^11] For example, CTIA challenges the Commission's expansion of the
scope of the Part 68, Subpart E rules to wireless carriers.[^12]

***The 25 % and 50% Requirements for Tier I Carriers:*** The
Commission's *Report and Order* requires each Tier I wireless carrier
providing digital wireless services to make available to consumers
within two years at least two handset models for each air interface it
offers for reduced RF emissions ("U3" rating) or 25 % of the total
number of phone models it offers, whichever is greater.[^13] By February
18, 2008, the Commission requires that 50 % of all digital wireless
phone models offered by a manufacturer or carrier be compliant with the
reduced RF emissions requirements.[^14]

CTIA and Verizon Wireless challenge the Commission's imposition of the
25 % and the 50 % requirement. For instance, Verizon Wireless petitions
the Commission to modify Section 20.19 (c) which it argues imposes a
stricter requirement on Tier I carriers than on all other wireless
carriers.[^15]

***The Availability of HAC Handsets:***

In the *Report and Order*, the Commission requires, that within two
years, each digital wireless handset manufacturer and each carrier
providing digital wireless services make commercially available at least
two handsets for each air interface in its product line (*i.e*., CDMA,
TDMA, GSM, and iDEN) which meet the U3 performance level (acoustic
coupling) under ANSI C63.19.[^16] This means that carriers must offer
consumers at least two compliant phone models for each air interface
they offer, but not necessarily two for every manufacturer they carry.
By the end of three years, manufacturers and carriers must offer at
least two digital wireless handsets meeting the U3T performance level
for providing telecoil coupling capability (inductive coupling) for each
air interface offered.[^17]

RTG and TDMA Carriers request that the Commission reconsider its
decision. RTG and TDMA Carriers request, for example, that carrier
obligations be based on the actual availability of HAC handsets.[^18]
RTG and TDMA Carriers assert that where a carrier operating a TDMA
network has overbuilt an alternate digital technology for which HAC
handsets are available, the Commission should consider exempting TDMA
networks or apply the *de minimis* exemption on a technology specific
basis.[^19]

***Labeling, Reporting, and Live Testing Requirements:*** In the *Report
and Order*, the Commission requires manufacturers to label packages
containing compliant handsets and to make information available in the
package or product manual, and require service providers to make
available to consumers the performance ratings of compliant phones.[^20]
Additionally, the *Report and Order* requires wireless carriers and
digital wireless handset manufacturers to report on efforts toward
compliance.[^21]

CTIA challenges the *Report and Order's* labeling, reporting, and live
testing requirements.[^22] For example, CTIA requests the Commission to
clarify how commercially sensitive information in compliance reports
should be handled and asks whether all carrier owned and operated stores
must have live testing available.[^23]

We seek comment on the issues raised by these Petitions for
Reconsideration and/or Clarification. Interested parties may file
comments to the petitions on or before March 29, 2004. Reply comments
are due April 13, 2004. Comments may be filed using the Commission\'s
Electronic Comment Filing System (ECFS) or by filing paper copies.[^24]

This is a "permit but disclose" proceeding pursuant to § 1.1206 of the
Commission's Rules.[^25] *Ex parte* presentations that are made with
respect to the issues involved with regard to the petitions will be
allowed but must be disclosed in accordance with the requirements of §
1.1206(b) of the Commission's Rules.[^26]

Comments filed through the ECFS can be sent as an electronic file via
the Internet to [http://www.fcc.gov/e-file/ecfs.html]{.underline}.
Generally, only one copy of an electronic submission must be filed. In
completing the transmittal screen, filing parties should include their
full name, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments, parties
should send an e-mail to [ecfs@fcc.gov]{.underline}, and should include
the following words in the body of the message, \"get form \<your e-mail
address\>.\" A sample form and directions will be sent in reply.
Commenters also may obtain a copy of the ASCII Electronic Transmittal
Form (FORM-ET) at http://www.fcc.gov/e-file/email.html.

Parties who choose to file by paper must file an original and four
copies of each filing. Filings can be sent by hand or messenger
delivery, by commercial overnight courier, or by first-class or
overnight U.S. Postal Service mail (although we continue to experience
delays in receiving U.S. Postal Service mail). The Commission\'s
contractor, Vistronix, Inc., will receive hand-delivered or
messenger-delivered paper filings for the Commission\'s Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of before entering the building. Commercial
overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD
20743. U.S. Postal Service first-class mail, Express Mail, and Priority
Mail should be addressed to 445 12th Street, SW, Washington, D.C. 20554.
All filings must be addressed to the Commission\'s Secretary, Office of
the Secretary, Federal Communications Commission. In addition, a
diskette copy should be sent to the Commission's copy contractor, Qualex
International, Portals II, 445 12th Street, S.W., Room CY-B402,
Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898,
or via e-mail to <qualexint@aol.com>.

The full text of the petitions and responsive comments will be available
for public inspection and copying during regular business hours at the
FCC Reference Information Center, Portals II, 445 12th Street, SW, Room
CY-A257, Washington, DC, 20554. This document may also be purchased from
the Commission\'s duplicating contractor. Alternative formats (computer
diskette, large print, audio recording and Braille) are available to
persons with disabilities by contacting Brian Millin, of the Consumer
and Governmental Affairs Bureau, at (202) 418-7426 (voice) or (202)
418-7365 (TTY), or at bmillin@fcc.gov. This Public Notice can also be
downloaded in Text and ASCII formats at:
[http://www.fcc.gov/cib/dro]{.underline}. For further information
concerning this proceeding, contact Andra Cunningham, Public Safety and
Critical Infrastructure, Wireless Telecommunications Bureau, at (202)
418-1630 (voice) or (202) 418-1169 (TTY).

-FCC-

[^1]: *Section 68.4(a)* *of the Commission's Rules Governing Hearing Aid
    Compatibility*, WT Docket No. 01-309, FCC 03-168 (rel. August 14,
    2003) (*Report and Order*). *See also*, *Erratum*, WT Docket No.
    01-309, DA 03-2743 (rel. August 27, 2003).

[^2]: *See* *Section 68.4(a)* *of the Commission's Rules Governing
    Hearing Aid Compatibility*, WT Docket No. 01-309, Public Service
    Cellular Inc., Missouri RSA No.7 Limited Partnership dba Mid
    Missouri Cellular; Minnesota Southern Wireless Company dba Hickory
    Tech, Northwest Missouri Cellular Limited Partnership, Illinois
    Valley Cellular RSA 2-1 Limited Partnership, Illinois Valley
    Cellular 2-II Limited Partnership and Illinois Valley RSA 2-III
    Limited Partnership (TDMA Carriers) and the Rural Telecommunications
    Group (RTG) Petition for Reconsideration, filed October 16, 2003
    (TMDA Carriers and RTG Petition); *Section 68.4(a)* *of the
    Commission's Rules Governing Hearing Aid Compatibility,* WT Docket
    No. 01-309, Verizon Wireless Petition for Reconsideration, filed
    October 16, 2003 (Verizon Wireless Petition); *Section 68.4(a)* *of
    the Commission's Rules Governing Hearing Aid Compatibility,* WT
    Docket No. 01-309, Research in Motion Limited (RIM) Petition for
    Reconsideration, filed October 16, 2003 (RIM Petition); and *Section
    68.4(a)* *of the Commission's Rules Governing Hearing Aid
    Compatibility,* WT Docket No. 01-309, Petition for Reconsideration
    and Clarification of the Cellular Telecommunications and Internet
    Association (CTIA), filed October 20, 2003 (Correct Version)(CTIA
    Petition).

[^3]: *See* Petitions for Reconsideration and Clarification of Action in
    Rulemaking Proceeding, *Public Notice*, Report No. 2636 (rel.
    October 31, 2003). On October 31, 2003, the Commission issued a
    general Public Notice announcing the filing of the Petitions for
    Reconsideration in this proceeding. Comments filed in pursuant to
    the Commission's October 31, 2003, Public Notice will be considered
    along with comments filed pursuant to this Public Notice.

[^4]: "American National Standard for Methods of Measurement between
    Wireless Communication Devices and Hearing Aids ANSI C63-19-2001"
    (ANSI C63.19). ANSI C63.19 which is a voluntary standard developed
    by a Task Group that included several wireless phone manufacturers,
    wireless carriers, representatives of the FCC and FDA, and other
    interested parties, provides guidance on measuring digital wireless'
    phones RF emissions and hearing aid's immunity levels to the RF
    emissions, and specifies rating categories.

[^5]: *See* *Report and Order* at paras. 43-44.

[^6]: *See Report and Order* at para. 53.

[^7]: RIM Petition at 2.

[^8]: *See Report and Order* at para. 95.

[^9]: *See Report and Order* Appendix C, Amendments to Section 20.19(g).

[^10]: *See Report and Order* at para. 95.

[^11]: Verizon Wireless Petition at 6-10.

[^12]: CTIA Petition at 14-17.

[^13]: *Report and Order* at para. 53.

[^14]: *Report and Order* at para. 54.

[^15]: Verizon Wireless Petition at 2.

[^16]: *Report and Order* at para. 65.

[^17]: *Id*.

[^18]: RTG and TMDA Carriers Petition at 3.

[^19]: *Id.* at 8- 9.

[^20]: *Report and Order* at paras. 83-89.

[^21]: *Report and Order* at paras. 89-92.

[^22]: CTIA Petition at 10-13.

[^23]: CTIA Petition at 12.

[^24]: *See Electronic Filing of Documents in Rulemaking Proceedings*,
    GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322, 11326,
    para. 8 (1998); 63 Fed. Reg. 24121 (1998).

[^25]: 47 C.F.R. § 1.1206.

[^26]: 47 C.F.R. § 1.1206(b).