1 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 DA 08-2735 December 23, 2008 THE WIRELESS TELECOMMUNICATIONS BUREAU REMINDS MANUFACTURERS AND SERVICE PROVIDERS OF THEIR OBLIGATION TO REPORT ON THE STATUS OF COMPLIANCE WITH THE COMMISSION’S HEARING AID COMPATIBILITY REQUIREMENTS Status Reports Are Due January 15, 2009 and May Be Filed on FCC Form 655 The Wireless Telecommunications Bureau (“Bureau”) reminds manufacturers and commercial mobile radio service (CMRS) providers of their obligation to report on the status of compliance with the Commission’s hearing aid compatibility requirements.1 Status reports are due to be filed with the Commission by January 15, 2009. Manufacturers and service providers may, but are not required to, submit their reports on new FCC Form 655. Whether or not they use FCC Form 655, parties must ensure that their reports include all of the information required in Section 20.19(i) of the Commission’s rules.2 In the Hearing Aid Compatibility First Report and Order,3 the Commission established new timelines for the filing of hearing aid compatibility status reports and delegated to the Bureau authority to prescribe a template for the reports. Additionally, the Commission adopted several new reporting content requirements. Specifically, the Commission required, among other things, that: (1) manufacturers and service providers include the dates on which they began and ended offering specific models during the previous 12 months; (2) manufacturers indicate if devices that they market under separate model numbers 1 These requirements 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 MHz-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 for Methods of Measurement of Compatibility between Wireless Communications Devices and Hearing Aids,” American National Standards Institute (ANSI) C 63.19-2007.” 47 C.F.R. § 20.19(a)(1). These requirements also apply to “the manufacturers of the wireless handsets that are used in the delivery of the services specified in paragraph (a)(1)” of Section 20.19. 47 C.F.R. § 20.19(a)(2). 2 See 47 C.F.R. § 20.19(i). 3 See Section 68.4(a) of the Commission’s Rules Governing Hearing Aid-Compatible Telephones, WT Docket Nos. 01-309, 06-203, First Report and Order and Second Further Notice of Proposed Rulemaking, 23 FCC Rcd 3406, 3444-47 ¶¶ 95-103 (2008) (“Hearing Aid Compatibility First Report and Order”). News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 2 constitute a single model for purposes of the hearing aid compatibility rules; and (3) service providers include an explanation of their methodology for dividing their hearing aid-compatible phones into different levels of functionality.4 The Commission also clarified that reports must be filed by all manufacturers and service providers, even those that fall within the de minimis exception.5 Pursuant to the Commission’s delegation of authority, the Bureau has promulgated FCC Form 655 for filers’ optional use in submitting their January 15, 2009 status reports. A copy of FCC Form 655 is attached to this public notice. Use of FCC Form 655 will help filers ensure that their reports include all of the required information and will facilitate the Commission’s compilation of data from the reports. Use of FCC Form 655 is not required for the reports due January 15, 2009. However, the Bureau reminds filers that hearing aid compatibility status reports filed using the filer’s own format must include all of the information required in Section 20.19(i) of the Commission’s rules.6 Reports are to be filed in WT Docket No. 07-250. Reports may be filed: (1) using the Commission’s Electronic Comment Filing System (ECFS), (2) using the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). § Electronic Filers: Reports may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the websites. § For ECFS filers, in completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket number (WT Docket No. 07-250). ECFS filers may also submit an electronic report by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. § Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. 4 Id. at 3444 ¶ 96. 5 See 47 C.F.R. § 20.19(e) (de minimis exception). De minimis entities are not, however, required to respond to all data categories. Hearing Aid Compatibility First Report and Order, 23 FCC Rcd 3406, 3446 ¶ 99. 6 See 47 C.F.R. § 20.19(i). 3 § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. § U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W., Washington D.C. 20554. All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554. Parties should also send a copy of their filings to Weiren Wang, Wireless Telecommunications Bureau, Federal Communications Commission, Room 6215, 445 12th Street, S.W., Washington, D.C. 20554, or by e-mail to Weiren.Wang@fcc.gov. Parties must also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (202) 488-5300, or via e-mail to fcc@bcpiweb.com. Documents in WT Docket No. 07-250 are available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. The documents may also be purchased from BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com. People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418- 0432 (TTY). For more information or if you have questions, please contact Christina Clearwater, Christina.Clearwater@fcc.gov, (202) 418-1893, or Weiren Wang, Weiren.Wang@fcc.gov, (202) 418- 7275. - WTB –