FCC Adopts Hearing Aid Compatibility Rules as Proposed
The FCC approved 5-0 an order on cellphone hearing aid compatibility rules that largely adopts a June consensus plan from the Alliance for Telecommunications Industry Solutions. In a key change from a version circulated weeks ago, the order does not exclude Wi-Fi-enabled phones from the list of phones deemed compatible with hearing aids (CD Feb 8 p1).
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The earlier version of the order wouldn’t have counted Wi-Fi-enabled phones against a company’s commitments to offer more such phones. Agency sources said the Wireless Bureau changed direction on the rules only after they were shared with eighth floor staff.
“The FCC did not decide today how to treat future handsets that may operate in part over frequency bands or air interfaces that do not yet have such standards,” the FCC said in a release. “The FCC recognized, however, that some phones on the market already include Wi-Fi capabilities for which no hearing aid compatibility standards currently exist. As an interim measure, phones with Wi-Fi capability that otherwise meet hearing aid compatibility standards may be counted as hearing aid-compatible.”
FCC Commissioner Robert McDowell said in a written statement that the FCC was correct to adopt the consensus proposal essentially unchanged, but did bring up the Wi-Fi provision. “I would like to thank my fellow commissioners for taking the time to work with me to ensure that this order correctly captures the requests of the Hearing Aid Compatibility Joint Consensus Working Group,” he said. “History has taught us time and time again that government is no match for the private sector.” In adopting the consensus plan, the FCC recognized “the working group’s expertise,” McDowell added. “Common sense has prevailed.”
“One of the FCC'’s most solemn responsibilities is to ensure that all Americans have access to the nation’s communications system,” said Commissioner Michael Copps. “Our ongoing work in creating hearing aid compatibility requirements for wireless digital phones is a critical part of fulfilling that mission.”
Commissioner Jonathan Adelstein said the order “makes great advances towards improving the access to digital mobile wireless phones by those Americans who use hearing aids.”
Hearing Aid Rule Waiver Requests Rejected
Meanwhile, midsized wireless carriers Rural Cellular Corp. (RCC), SunCom and Centennial Communications were among 16 wireless carriers whose petitions for waivers of the FCC’s hearing-aid compatibility rules were rejected by the agency (CD Feb 27 p1). The FCC also denied a waiver request by Virgin Mobile. The companies face tens of thousands of dollars in fines for failing to meet a requirement to offer customers two compliant handsets by September 2006. Their cases were referred to the Enforcement Bureau.
The FCC also rejected waiver requests by small carriers: Airadigm, Blanca, CTC, Farmers Cellular, Litchfield, NDNC, PTSI, South Slope, UBET Wireless, Cellular One/Long Lines, SLO Cellular, Union Telephone Company and i wireless. They were also referred to the Enforcement Bureau. But the agency granted 25 requests for waivers, granted in part two, and dismissed three petitions as unnecessary. Handset maker Kyocera received a waiver.
“The FCC’s hearing aid compatibility rules are designed to ensure that persons with hearing disabilities have full access to digital wireless services,” the commission said in a statement. In general, as expected, the FCC granted waiver requests for companies that complied by Jan. 1, 2007, and “demonstrated a reasonable basis for the limited extension of time.”
The FCC order goes into some detail, especially regarding three Tier II carriers. The commission said Centennial’s waiver request was based on arguments that its “lack of compliance is due to factors such as general equipment unavailability and other industry-wide burdens Tier II carriers apparently face.” The FCC rejected them. “These are arguments and circumstances that affected all carriers seeking to comply with the Commission’s handset rules, and they do not provide an adequate basis on which to afford Centennial special relief.”