PUBLIC LAW 100-394-AUG. 16, 1988

HEARING AID COMPATIBILITY

ACT OF 1988

'19-139 0 - 88 (394)
PUBLIC LAW 100-394-AUG. 16, 1988

Public Law 100-394

100th Congress

Aug. 16, 1988

[aL 2213]

Hearing Aid

Compatibility

Act of 198&

Communications

and

taecommunica

tiona

47 USC 609 note

47 USC 610 note

To require certain telephones to be hearing aid compatible.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

That this Act may be cited as the "Hearing Aid Compatibility Act of

1988".

FINDINGS

SEC. 2. The Congress finds that-

(1) to the fullest extent made possible by technology and

medical science, hearing-impaired persons should have equal

access to the national telecommunications network;

(2) present technology provides effective coupling of telephones to hearing aids used by some severely hearing-impaired

persons for communicating by voice telephone; (3) anticipated improvements in both telephone and hearing aid technologies promise greater access in the future; and

(4) universal telephone service for hearing-impaired persons will lead to greater employment opportunities and increased

productivity.

HEARING AID COMPATIBIITY REQUIREMENTS

SEC. 3. (a) Subsection (b) of section 710 of the Communications Act

of 1934 (47 U.S.C. 610) is amended to read as follows:

"(bX1) Except as provided in paragraphs (2) and (3), the Commis.

sion shall require that-

"(A) all essential telephones, and

"(B) all telephones manufactured in the United States (other than for export) more than one year after the date of enactment

of the Hearing Aid Compatibility Act of 1988 or imported for

use in the United States more than one year after such date,

provide internal means for effective use with hearing aids that are

designed to be compatible with telephones which meet established

technical standards for hearing aid compatibility. "(2XA) The initial regulations prescribed by the Commission

under paragraph (1) of this subsection after the date of enactment of

the Hearing Aid Compatibility Act of 1988 shall exempt from the

requirements established pursuant to paragraph (1XB) of this

subsection only- "(i) telephones used with public mobile services;

"(ii) telephones used with private radio services;

"(iii) cordless telephones; and

"(iv) secure telephones.

"(B) The exemption provided by such regulations for cordless

telephones shall not apply with respect to cordless telephones manufactured or imported more than three years after the date of

enactment of the Hearing Aid Compatibility Act of 1988.

An Act

102 STAT. 976
PUBLIC LAW 100-394-AUG. 16, 1988 102 STAT. 977

"(C) The Commission shall periodically assess the appropriateness of continuing in effect the exemptions provided by such regulations for telephones used with public mobile services and telephones used

with private radio services. The Commission shall revoke or otherwise limit any such exemption if the Commission determines that-

"(i) such revocation or limitation is in the .public interest; -"(ii) continuation of the exemption without such revocation or

limitation would have an adverse effect on hearing-impaired

individuals;

"(iii) compliance with the requirements of paragraph (1XB) is

technologically feasible for the telephones to which the exemp- tion applies; and

"(iv) compliance with the requirements of paragraph (1XB) would not increase costs to such an extent that the telephones

to which the exemption applies could not be successfully marketed.

"(3) The Commission may, upon the application of any interested Scane. and

person, initiate a proceeding to waive the requirements of para- technology. graph (1)(B) of this subsection with respect to new telephones, or

telephones associated with a new technology or service. The

Commission shall not grant such a waiver unless the Commission

determines, on the basis of evidence in the record of such proceed- ing, that such telephones, or such technology or service, are in the

public interest, and that (A) compliance with the requirements of

paragraph (1)(B) is technologically infeasible, or (B) compliance with

such requirements would increase the costs of the telephones, or of

the technology or service, to such an extent that such telephones, technology, or service could not be successfully marketed. In any proceeding under this paragraph to grant a waiver from the requirements of paragraph (1)(B), the Commission shall consider the effect

on hearing-impaired individuals of granting the waiver. The

Commission shall periodically review and determine the continuing need for any waiver granted pursuant to this paragraph. "(4) For purposes of this subsection-

"(A) the term 'essential telephones' means only coin-operated telephones, telephones provided for emergency use, and other

telephones frequently needed for use by persons using such

hearing aids;

"(B) the term 'public mobile services' means air-to-ground radiotelephone services, cellular radio telecommunications services, offshore radio, rural radio service, public land mobile

telephone service, and other common carrier radio communication services covered by part 22 of title 47 of the Code of Federal

Regulations; '(C) the term 'private radio services' means private land

mobile radio services and other communications services

characterized by the Commission in its rules as private radio

services, and

"D) the term 'secure telephones' means telephones that are

approved by the United States Government for the transmission

of classified or sensitive voice communications.".
PUBLIC LAW 100-394-AUG. 16, 1988

(b) Section 710(f) of the Communications Act of 1934 (47 U.S.C.

610(f)) is amended by striking out the second sentence and inserting in lieu thereof the following: 'The Commission shall complete rulemaking actions required to implement the amendments made by the

Hearing Aid Compatibility Act of 1988 within nine months after the

date of enactment of such Act. Thereafter, the Commission shall

periodically review the regulations established pursuant to this

section.".

Approved August 16, 1988. -

LEGISLATIVE HISTORY-HL. 2218 . 8314):

HOUSE REPORTS: No. 100-674 (Comm. on Energy and Commerce).

SENATE REPORTS: No. 100-391 accompanying S 814 (Comm. on Commerce, Sience

and Transportation).

CONGRESSIONAL RECORD, VoL 184 (1988A Jun 8, considered and passed House.

July 1 considered and assed Senate, amended in lieu of S. 814.

July 28, House concurred in Senate menrdment

102 STAT. 978