§  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 § 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/ib
   r_locations.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]