Sec.  20.19   Hearing aid-compatible mobile handsets.

   (a)  Scope  of section; definitions. (1) The hearing aid compatibility
   requirements of this section apply to providers of digital CMRS in the
   United States to the extent that they 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, and such service is provided over frequencies in the
   800–950 MHz or 1.6–2.5 GHz bands using any air interface for which technical
   standards are stated in the standard document “American National Standard
   Methods of Measurement of Compatibility Between Wireless Communication
   Devices and Hearing Aids,” American National Standards Institute (ANSI)
   C63.19–2007 (June 8, 2007).

   (2) The requirements of this section also apply to the manufacturers of the
   wireless handsets that are used in delivery of the services specified in
   paragraph (a)(1) of this section.

   (3) Definitions . For purposes of this section:

   (i) Manufacturer refers to a wireless handset manufacturer to which the
   requirements of this section apply.

   (ii) Model refers to a wireless handset device that a manufacturer has
   designated as a distinct device model, consistent with its own marketing
   practices.  However,  if a manufacturer assigns different model device
   designations solely to distinguish units sold to different carriers, or to
   signify other distinctions that do not relate to either form, features, or
   capabilities, such designations shall not count as distinct models for
   purposes of this section.

   (iii) Service provider refers to a provider of digital CMRS to which the
   requirements of this section apply.

   (iv) Tier I carrier refers to a CMRS provider that offers such service
   nationwide.

   (b) Hearing aid compatibility; technical standards. A wireless handset used
   for digital CMRS only over the frequency bands and air interfaces referenced
   in paragraph (a)(1) of this section is hearing aid-compatible with regard to
   radio  frequency  interference  or  inductive coupling if it meets the
   applicable technical standard(s) set forth in paragraphs (b)(1) and (b)(2)
   of this section for all frequency bands and air interfaces over which it
   operates, and the handset has been certified as compliant with the test
   requirements for the applicable standard pursuant to  Sec. 2.1033(d) of this
   chapter. A wireless handset that incorporates a Wi-Fi air interface is
   hearing aid-compatible if the handset otherwise satisfies the requirements
   of this paragraph.

   (1) For radio frequency interference.

   (i) Applicable technical standards prior to 2010. Beginning June 6, 2008 and
   until  January  1,  2010,  a  wireless handset submitted for equipment
   certification  or  for  a  permissive  change  relating to hearing aid
   compatibility must meet, at a minimum, the M3 rating associated with the
   technical standard set forth in either the standard document “American
   National Standard Methods of Measurement of Compatibility Between Wireless
   Communication Devices and Hearing Aids,” ANSI C63.19–2006 (June 12, 2006) or
   ANSI  C63.19–2007  (June 8, 2007)—each available for purchase from the
   American National Standards Institute. Any grants of certification issued
   before June 6, 2008 under previous versions of ANSI C63.19 remain valid for
   hearing aid compatibility purposes.

   (ii) Applicable technical standards beginning in 2010. On or after January
   1, 2010, a wireless handset submitted for equipment certification or for a
   permissive change relating to hearing aid compatibility must meet, at a
   minimum, the M3 rating associated with the technical standard set forth in
   ANSI C63.19–2007 (June 8, 2007). Any grants of certification issued before
   January 1, 2010, under the earlier versions of ANSI C63.19 remain valid for
   hearing aid compatibility purposes.

   (2) For inductive coupling.

   (i) Applicable technical standards prior to 2010. Beginning June 6, 2008 and
   until  January  1,  2010,  a  wireless handset submitted for equipment
   certification  or  for  a  permissive  change  relating to hearing aid
   compatibility must meet, at a minimum, the T3 rating associated with the
   technical standard set forth in either the standard document “American
   National Standard Methods of Measurement of Compatibility Between Wireless
   Communication Devices and Hearing Aids,” ANSI C63.19–2006 (June 12, 2006) or
   ANSI C63.19–2007 (June 8, 2007). Any grants of certification issued before
   June 6, 2008 under previous versions of ANSI C63.19 remain valid for hearing
   aid compatibility purposes.

   (ii) Applicable technical standards beginning in 2010. On or after January
   1, 2010, a wireless handset submitted for equipment certification or for a
   permissive change relating to hearing aid compatibility must meet, at a
   minimum, the T3 rating associated with the technical standard set forth in
   ANSI C63.19–2007 (June 8, 2007). Any grants of certification issued before
   January 1, 2010, under the earlier versions of ANSI C63.19 remain valid for
   hearing aid compatibility purposes.

   (3) [Reserved]

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

   (5) The following standards are incorporated by reference in this section:
   American National Standards Institute Accredited Standards Committee on
   Electromagnetic Compatibility, C63^TM, “American National Standard Methods
   of Measurement of Compatibility Between Wireless Communication Devices and
   Hearing Aids,” ANSI C63.19–2006 (June 12, 2006), Institute of Electrical and
   Electronics Engineers, Inc., publisher; and American National Standards
   Institute Accredited Standards Committee on Electromagnetic Compatibility,
   C63^TM, “American National Standard Methods of Measurement of Compatibility
   Between Wireless Communication Devices and Hearing Aids,” ANSI C63.19–2007
   (June 8, 2007), Institute of Electrical and Electronics Engineers, Inc.,
   publisher. These incorporations by reference were approved by the Director
   of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
   51.  These materials are incorporated as they exist on the date of the
   approval, and notice of any change in these materials will be published in
   theFederal  Register.The materials are available for inspection at the
   Federal  Communications Commission (FCC), 445 12th St., SW., Reference
   Information Center, Room CY–A257, Washington, DC 20554 and at the National
   Archives  and  Records  Administration  (NARA). For information on the
   availability  of these materials at NARA, call 202–741–6030, or go to:
   http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_loc
   ations.html .

   The materials are also available for purchase from IEEE Operations Center,
   445 Hoes Lane, Piscataway, NJ 08854–4141, by calling (732) 981–0060, or
   going to http://www.ieee.org/portal/site .

   (c) Phase-in of requirements relating to radio frequency interference. The
   following applies to each manufacturer and service provider that offers
   wireless  handsets  used  in the delivery of the services specified in
   paragraph (a) of this section and that does not fall within the de minimis
   exception set forth in paragraph (e) of this section.

   (1) Manufacturers. 

   (i)  Number of hearing aid-compatible handset models offered. For each
   digital air interface for which it offers wireless handsets to service
   providers, each manufacturer of wireless handsets must:

   (A) If it offers four to six models, ensure that at least two of its handset
   models offered to service providers comply with the requirements set forth
   in paragraph (b)(1) of this section; or

   (B) If it offers more than six models, ensure that at least one-third of its
   handset models offered to service providers (rounded down to the nearest
   whole number) comply with the requirements set forth in paragraph (b)(1) of
   this section.

   (ii) Refresh requirement. Beginning in calendar year 2009, and for each year
   thereafter that it elects to produce a new model, each manufacturer that
   offers any new model for a particular air interface during the calendar year
   must “refresh” its offerings of hearing aid-compatible handset models by
   offering a mix of new and existing models that comply with paragraph (b)(1)
   of this section according to the following requirements:

   (A) For manufacturers that offer three models per air interface, at least
   one new model rated M3 or higher shall be introduced every other calendar
   year.

   (B)  For manufacturers that offer four or more models operating over a
   particular air interface, the number of models rated M3 or higher that must
   be new models introduced during that calendar year is equal to one-half of
   the  minimum number of models rated M3 or higher required for that air
   interface (rounded up to the nearest whole number).

   (2) Tier I carriers. For each digital air interface for which it offers
   wireless handsets to customers, each Tier I carrier must either:

   (i) Ensure that at least fifty (50) percent of the handset models it offers
   comply with paragraph (b)(1) of this section, calculated based on the total
   number  of  unique  digital wireless handset models the carrier offers
   nationwide; or

   (ii) Ensure that it offers, at a minimum, the following specified number of
   handset models that comply with paragraph (b)(1) of this section:

   (A) Prior to February 15, 2009, at least eight (8) handset models;

   (B) Beginning February 15, 2009, at least nine (9) handset models; and

   (C) Beginning February 15, 2010, at least ten (10) handset models.

   (3) Service providers other than Tier I carriers. For each digital air
   interface for which it offers wireless handsets to customers, each service
   provider other than a Tier I carrier must:

   (i) Prior to September 7, 2008, include in the handset models it offers at
   least two handset models that comply with paragraph (b)(1) of this section;

   (ii) Beginning September 7, 2008, either:

   (A) Ensure that at least fifty (50) percent of the handset models it offers
   comply with paragraph (b)(1) of this section, calculated based on the total
   number of unique digital wireless handset models the service provider offers
   nationwide; or

   (B) Ensure that it offers, at a minimum, the following specified number of
   handset models that comply with paragraph (b)(1) of this section:

   ( 1 ) Until May 15, 2009, at least eight (8) handset models;

   ( 2 ) Beginning May 15, 2009, at least nine (9) handset models; and

   ( 3 ) Beginning May 15, 2010, at least ten (10) handset models.

   (4)  All service providers. The following requirements apply to Tier I
   carriers and all other service providers.

   (i)  In-store  testing.  Each service provider must make available for
   consumers to test, in each retail store owned or operated by the provider,
   all of its handset models that comply with paragraph (b)(1) of this section.

   (ii) Offering models with differing levels of functionality. Each service
   provider must offer its customers a range of hearing aid-compatible models
   with differing levels of functionality ( e.g. , operating capabilities,
   features offered, prices). Each provider may determine the criteria for
   determining these differing levels of functionality, and must disclose its
   methodology to the Commission pursuant to paragraph (i)(3)(vii) of this
   section.

   (d) Phase-in of requirements relating to inductive coupling capability. The
   following applies to each manufacturer and service provider that offers
   wireless  handsets  used  in the delivery of the services specified in
   paragraph (a) of this section and that does not fall within the de minimis
   exception set forth in paragraph (e) of this section.

   (1) Manufacturers. Each manufacturer offering to service providers four or
   more handset models in a digital air interface for use in the United States
   or imported for use in the United States must ensure that it offers to
   service providers, at a minimum, the following number of handset models that
   comply with the requirements set forth in paragraph (b)(2) of this section,
   whichever number is greater in any given year:

   (i) At least two (2) handset models in that air interface; or

   (ii) At least the following percentage of handset models (rounded down to
   the nearest whole number):

   (A) Beginning February 15, 2009, at least twenty (20) percent of its handset
   models in that air interface, provided that, of any such models introduced
   during calendar year 2009, one model may be rated using ANSI C63.19–2006
   (June  12,  2006), and all other models introduced during that year or
   subsequent years shall be rated using ANSI C63.19–2007 (June 8, 2007) or
   subsequently adopted version as may be approved pursuant to paragraph (k);

   (B) Beginning February 15, 2010, at least twenty-five (25) percent of its
   handset models in that air interface; and

   (C) Beginning February 15, 2011, at least one-third of its handset models in
   that air interface.

   (2) Tier I carriers. For each digital air interface for which it offers
   wireless handsets to service providers, each Tier I carrier must:

   (i) Ensure that at least one-third of the handset models it offers comply
   with paragraph (b)(2) of this section, calculated based on the total number
   of unique digital wireless handset models the carrier offers nationwide; or

   (ii) Ensure that it offers, at a minimum, the following specified number of
   handset models that comply with paragraph (b)(2) of this section:

   (A) Prior to February 15, 2009, at least three (3) handset models;

   (B) Beginning February 15, 2009, at least five (5) handset models;

   (C) Beginning February 15, 2010, at least seven (7) handset models; and

   (D) Beginning February 15, 2011, at least ten (10) handset models.

   (3) Service providers other than Tier I carriers. For each digital air
   interface for which it offers wireless handsets to customers, each service
   provider other than a Tier I carrier must:

   (i) Prior to September 7, 2008, include in the handset models it offers at
   least two handset models that comply with paragraph (b)(2) of this section;

   (ii) Beginning September 7, 2008, either:

   (A) Ensure that at least one-third of the handset models it offers comply
   with paragraph (b)(2) of this section, calculated based on the total number
   of unique digital wireless handset models the carrier offers nationwide; or

   (B) Ensure that it offers, at a minimum, the following specified number of
   handset models that comply with paragraph (b)(2) of this section:

   ( 1 ) Until May 15, 2009, at least three (3) handset models;

   ( 2 ) Beginning May 15, 2009, at least five (5) handset models;

   ( 3 ) Beginning May 15, 2010, at least seven (7) handset models; and

   ( 4 ) Beginning May 15, 2011, at least ten (10) handset models.

   (4)  All service providers. The following requirements apply to Tier I
   carriers and all other service providers.

   (i)  In-store  testing.  Each service provider must make available for
   consumers to test, in each retail store owned or operated by the provider,
   all of its handset models that comply with paragraph (b)(2) of this section.

   (ii) Offering models with differing levels of functionality. Each service
   provider must offer its customers a range of hearing aid-compatible models
   with differing levels of functionality ( e.g. , operating capabilities,
   features offered, prices). Each provider may determine the criteria for
   determining these differing levels of functionality, and must disclose its
   methodology to the Commission pursuant to paragraph (i)(3)(vii) of this
   section.

   (e) De minimis exception. (1) Manufacturers or service providers that offer
   two or fewer digital wireless handsets in an air interface in the United
   States are exempt from the requirements of this section in connection with
   that air interface, except with regard to the reporting requirements in
   paragraph (i) of this section. Service providers that obtain handsets only
   from manufacturers that offer two or fewer digital wireless handset models
   in  an air interface in the United States are likewise exempt from the
   requirements of this section other than paragraph (i) of this section in
   connection with that air interface.

   (2) Manufacturers or service providers that offer three digital wireless
   handset models in an air interface must offer at least one handset model
   compliant with paragraphs (b)(1) and (b)(2) of this section in that air
   interface. Service providers that obtain handsets only from manufacturers
   that offer three digital wireless handset models in an air interface in the
   United States are required to offer at least one handset model in that air
   interface compliant with paragraphs (b)(1) and (b)(2) of this section.

   (f)  Labeling  and disclosure requirements. (1) Labeling requirements.
   Manufacturers and service providers shall ensure that handsets that are
   hearing aid-compatible, as defined in paragraph (b) of this section, clearly
   display the rating, as defined in paragraphs (b)(1) and (b)(2) of this
   section, on the packaging material of the handset. In the event that a
   hearing aid-compatible handset achieves different radio interference or
   inductive  coupling ratings over different air interfaces or different
   frequency  bands, the RF interference reduction and inductive coupling
   capability ratings displayed shall be the lowest rating assigned to that
   handset for any air interface or frequency band. An explanation of the ANSI
   C63.19 rating system must also be included in the device's user's manual or
   as an insert in the packaging material for the handset.

   (2) Disclosure requirement relating to handsets with Wi-Fi capability.
   Beginning December 7, 2008, each manufacturer and service provider shall
   ensure that, wherever it provides hearing aid compatibility ratings for a
   handset model that incorporates a Wi-Fi air interface, it discloses to
   consumers, by clear and effective means ( e.g. , inclusion of call-out cards
   or other media, revisions to packaging materials, supplying of information
   on  Web  sites)  that  the  handset has not been rated for hearing aid
   compatibility with respect to Wi-Fi operation.

   (g) Model designation requirements. Where a manufacturer has made physical
   changes  to  a  handset  that  result  in  a change in the hearing aid
   compatibility rating under paragraph (b)(1) or (b)(2) of this section, the
   altered handset must be given a model designation distinct from that of the
   handset prior to its alteration.

   (h) Web site requirements. Beginning January 15, 2009, each manufacturer and
   service provider subject to this section that operates a publicly-accessible
   Web  site  must  make  available on its Web site a list of all hearing
   aid-compatible models currently offered, the ratings of those models, and an
   explanation of the rating system. Each service provider must also specify on
   its Web site, based on the levels of functionality that the service provider
   has defined, the level that each hearing aid-compatible model falls under as
   well as an explanation of how the functionality of the handsets varies at
   the different levels.

   (i) Reporting requirements. 

   (1) Reporting dates. Manufacturers shall submit reports on efforts toward
   compliance with the requirements of this section on January 15, 2009 and on
   July  15,  2009, and on an annual basis on July 15 thereafter. Service
   providers  shall  submit reports on efforts toward compliance with the
   requirements of this section on January 15, 2009, and annually thereafter.
   Information in the reports must be up-to-date as of the last day of the
   calendar month preceding the due date of the report.

   (2) Content of manufacturer reports. Reports filed by manufacturers must
   include:

   (i) Digital wireless handset models tested, since the most recent report,
   for compliance with the applicable hearing aid compatibility technical
   ratings;

   (ii) Compliant handset models offered to service providers since the most
   recent report, identifying each model by marketing model name/number(s) and
   FCC ID number;

   (iii) For each compliant model, the air interface(s) and frequency band(s)
   over which it operates, the hearing aid compatibility ratings for each
   frequency  band and air interface under ANSI Standard C63.19, the ANSI
   Standard  C63.19  version  used, and the months in which the model was
   available to service providers since the most recent report;

   (iv) Non-compliant models offered to service providers since the most recent
   report, identifying each model by marketing model name/number(s) and FCC ID
   number;

   (v)  For  each non-compliant model, the air interface(s) over which it
   operates  and  the  months in which the model was available to service
   providers since the most recent report;

   (vi) Total numbers of compliant and non-compliant models offered to service
   providers for each air interface as of the time of the report;

   (vii) Any instance, as of the date of the report or since the most recent
   report, in which multiple compliant or non-compliant devices were marketed
   under separate model name/numbers but constitute a single model for purposes
   of the hearing aid compatibility rules, identifying each device by marketing
   model name/number and FCC ID number;

   (viii) Status of product labeling;

   (ix) Outreach efforts; and

   (x) If the manufacturer maintains a public Web site, the Web site address of
   the page(s) containing the information regarding hearing aid-compatible
   handset models required by paragraph (h) of this section.

   Note to Paragraph(i)(2): For reports due on January 15, 2009, information
   provided  with  respect  to paragraphs (i)(2)(ii) through(i)(2)(v) and
   (i)(2)(vii) and (i)(2)(viii) need be provided only for the six-month period
   from July 1 to December 31, 2008.

   (3) Content of service provider reports. Reports filed by service providers
   must include:

   (i) Compliant handset models offered to customers since the most recent
   report, identifying each model by marketing model name/number(s) and FCC ID
   number;

   (ii) For each compliant model, the air interface(s) and frequency band(s)
   over which it operates, the hearing aid compatibility ratings for each
   frequency band and air interface under ANSI Standard C63.19, and the months
   in which the model was available since the most recent report;

   (iii) Non-compliant models offered since the most recent report, identifying
   each model by marketing model name/number(s) and FCC ID number;

   (iv)  For each non-compliant model, the air interface(s) over which it
   operates and the months in which the model was available since the most
   recent report;

   (v) Total numbers of compliant and non-compliant models offered to customers
   for each air interface over which the service provider offers service as of
   the time of the report;

   (vi) Information related to the retail availability of compliant handset
   models;

   (vii) The levels of functionality into which the compliant handsets fall and
   an explanation of the service provider's methodology for determining levels
   of functionality;

   (viii) Status of product labeling;

   (ix) Outreach efforts; and

   (x)  If the service provider maintains a public Web site, the Web site
   address  of  the  page(s) containing the information regarding hearing
   aid-compatible handset models required by paragraph (h) of this section.

   Note to Paragraph(i)(3): For reports due on January 15, 2009, information
   provided  with  respect to paragraphs (i)(3)(i) through (i)(3)(iv) and
   (i)(3)(vi) through (i)(3)(viii) need be provided only for the six-month
   period from July 1 to December 31, 2008.

   (4) Format. The Wireless Telecommunications Bureau is delegated authority to
   approve or prescribe formats and methods for submission of these reports.
   Any format that the Bureau may approve or prescribe shall be made available
   on the Bureau's Web site.

   (j) Enforcement. Enforcement of this section is hereby delegated to those
   states that 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 six (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.

   (k) Delegation of rulemaking authority. 

   (1) The Chief of the Wireless Telecommunications Bureau and the Chief of the
   Office  of  Engineering  and  Technology  are  delegated authority, by
   notice-and-comment rulemaking, to issue an order amending this section to
   the extent necessary to adopt technical standards for additional frequency
   bands and/or air interfaces upon the establishment of such standards by ANSI
   Accredited Standards Committee C63^TM, provided that the standards do not
   impose with respect to such frequency bands or air interfaces materially
   greater obligations than those imposed on other services subject to this
   section. Any new obligations on manufacturers and Tier I carriers pursuant
   to paragraphs (c) through (i) of this section as a result of such standards
   shall become effective no less than one year after release of the order
   adopting such standards, and any new obligations on other service providers
   shall become effective no less than 15 months after the release of such
   order.

   (2) The Chief of the Wireless Telecommunications Bureau and the Chief of the
   Office  of  Engineering  and  Technology  are  delegated authority, by
   notice-and-comment rulemaking if required by statute or otherwise in the
   public interest, to issue an order amending this section to the extent
   necessary  to approve any version of the technical standards for radio
   frequency interference or inductive coupling adopted subsequently to ANSI
   C63.19–2007 for use in determining whether a wireless handset meets the
   appropriate  rating  over frequency bands and air interfaces for which
   technical standards have previously been adopted either by the Commission or
   pursuant to paragraph (k)(1) of this section. This delegation is limited to
   the approval of changes to the technical standard that do not raise major
   compliance issues. Further, by such approvals, the Chiefs may only permit,
   and not require, the use of such subsequent versions of standard document
   ANSI C63.19 to establish hearing aid compatibility.

   [ 73 FR 25587 , May 7, 2008]