Sec.  20.19   Hearing aid-compatible mobile handsets.

   (a) Scope of section. This section is applicable to providers of Broadband
   Personal Communications Services (part 24, subpart E of this chapter),
   Cellular Radio Telephone Service (part 22, subpart H of this chapter), and
   Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands (included
   in part 90, subpart S of this chapter) if such providers offer real-time,
   two-way switched voice or data service that is interconnected with the
   public switched network and utilizes an in-network switching facility that
   enables the provider to reuse frequencies and accomplish seamless hand-offs
   of subscriber calls. This section also applies to the manufacturers of the
   wireless phones used in delivery of these services.

   (b) Technical standard for hearing aid compatibility. A wireless phone used
   for public mobile radio services is hearing aid compatible for the purposes
   of this section if it meets, at a minimum:

   (1)  For radio frequency interference: U3 as set forth in the standard
   document  ANSI  C63.19–2001 “American National Standard for Methods of
   Measurement of Compatibility between Wireless Communication Devices and
   Hearing Aids, ANSI C63.19–2001” (published October 8, 2001—available for
   purchase from the American National Standards Institute); and

   (2) For inductive coupling: U3T rating as set forth in the standard document
   ANSI C63.19–2001 “American National Standard for Methods of Measurement of
   Compatibility between Wireless Communication Devices and Hearing Aids, ANSI
   C63.19–2001” (published October 8, 2001—available for purchase from the
   American National Standards Institute).

   (3) Manufacturers must certify compliance with the test requirements and
   indicate the appropriate U-rating for the wireless phone as set forth in
    Sec. 2.1033(d) of this chapter.

   (4) All factual questions of whether a wireless phone meets the technical
   standard of this subsection shall be referred for resolution to Chief,
   Office of Engineering and Technology, Federal Communications Commission, 445
   12th Street SW., Washington, DC 20554.

   (c) Phase-in for public mobile service handsets concerning radio frequency
   interference. (1) Each manufacturer of handsets used with public mobile
   services for use in the United States or imported for use in the United
   States must:

   (i) Offer to service providers at least two handset models for each air
   interface offered that comply with  Sec. 20.19(b)(1) by September 16, 2005; and

   (ii) Ensure at least 50 percent of their handset offerings for each air
   interface offered comply with  Sec. 20.19(b)(1) by February 18, 2008.

   (2) And each provider of public mobile radio services must:

   (i)(A) Include in its handset offerings at least two handset models per air
   interface that comply with  Sec. 20.19(b)(1) by September 16, 2005, and make
   available in each retail store owned or operated by the provider all of
   these handset models for consumers to test in the store; or

   (B) In the event a provider of public mobile radio services is using a TDMA
   air interface and plans to overbuild (i.e., replace) its network to employ
   alternative air interface(s), it must:

   (1) Offer two handset models that comply with  Sec. 20.19(b)(1) by September 16,
   2005,  to its customers that receive service from the overbuilt (i.e.,
   non-TDMA) portion of its network, and make available in each retail store it
   owns or operates all of these handset models for consumers to test in the
   store:

   (2) Overbuild (i.e., replace) its entire network to employ alternative air
   interface(s), and

   (3) Complete the overbuild by September 18, 2006; and

   (ii) Ensure that at least 50 percent of its handset models for each air
   interface comply with  Sec. 20.19(b)(1) by February 18, 2008, calculated based on
   the total number of unique digital wireless handset models the carrier
   offers nationwide.

   (3) Each Tier I carrier must:

   (i)(A) Include in its handset offerings 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 (calculated based
   on the total number of unique digital wireless handset models the carrier
   offers  nationwide) per air interface that comply with  Sec. 20.19(b)(1) by
   September  16,  2005, and make available in each retail store owned or
   operated by the carrier all of these handset models for consumers to test in
   the store; and

   (B) Include in its handset offerings five 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 (calculated based
   on the total number of unique digital wireless handset models the carrier
   offers  nationwide) per air interface that comply with  Sec. 20.19(b)(1) by
   September  16,  2006, and make available in each retail store owned or
   operated by the carrier all of these handset models for consumers to test in
   the store; and

   (ii) Ensure that at least 50 percent of their handset models for each air
   interface comply with  Sec. 20.19(b)(1) by February 18, 2008, calculated based on
   the total number of unique digital wireless phone models the carrier offers
   nationwide.

   (d)  Phase-in  for public mobile service handsets concerning inductive
   coupling. (1) Each manufacturer of handsets used with public mobile services
   for use in the United Sates or imported for use in the United States must
   offer  to  service  providers at least two handset models for each air
   interface offered that comply with  Sec. 20.19(b)(2) by September 18, 2006.

   (2) And each provider of public mobile service must include in their handset
   offerings at least two handset models for each air interface that comply
   with  Sec. 20.19(b)(2) by September 18, 2006 and make available in each retail
   store owned or operated by the provider all of these handset models for
   consumers to test in the store.

   (e) De minimis exception. (1) Manufacturers or mobile service providers that
   offer two or fewer digital wireless handsets in the U.S. are exempt from the
   requirements of this section. For mobile service providers that obtain
   handsets only from manufacturers that offer two or fewer digital wireless
   phone models in the U.S., the service provider would likewise be exempt from
   the requirements of this section.

   (2) Manufacturers or mobile service providers that offer three digital
   wireless handset models, must make at least one compliant phone model in two
   years. Mobile service providers that obtain handsets only from manufacturers
   that offer three digital wireless phone models in the U.S. would be required
   to offer at least one compliant handset model.

   (f) Labeling requirements. Handsets used with public mobile services that
   are hearing aid compatible, as defined in  Sec. 20.19(b) of this chapter, shall
   clearly  display  the  U-rating, as defined in 20.19(b)(1), (2) on the
   packaging material of the handset. An explanation of the ANSI C63.19–2001
   U-rating system shall also be included in the owner's manual or as an insert
   in the packaging material for the handset.

   (g) Enforcement. Enforcement of this section is hereby delegated to those
   states which adopt this section and provide for enforcement. The procedures
   followed by a state to enforce this section shall provide a 30-day period
   after a complaint is filed, during which time state personnel shall attempt
   to resolve a dispute on an informal basis. If a state has not adopted or
   incorporated this section, or failed to act within 6 months from the filing
   of a complaint with the state public utility commission, the Commission will
   accept such complaints. A written notification to the complainant that the
   state believes action is unwarranted is not a failure to act. The procedures
   set forth in part 68, subpart E of this chapter are to be followed.

   [ 68 FR 54175 , Sept. 16, 2003, as amended at  70 FR 43325 , July 27, 2005]