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 SEPARATE  STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 
 Re:  Section  68.4(  a)  of  the  Commission’s  Rules  Governing  Hearing  Aid  Compatible  Telephones,  WTC  Docket  No.  01-  309,  RM-  8658 
 Over  the  past  few  years,  an  increasing  number  of  American  consumers  have  come  to  rely  on  their  wireless  phones  for  safety,  business  and  personal  reasons.  Accordingly,  as 
 wireless  phones  become  even  more  pervasive,  it  is  imperative  that  we  ensure  these  phones  are  available  for  use  by  all  consumers.  Unfortunately,  not  all  digital  wireless 
 phones  provide  access  to  consumers  who  use  hearing  aids  because  of  interference  and  other  technological  issues.  In  today’s  item,  we  take  an  important  step  in  increasing 
 wireless  access  by  the  hearing  disabled  community.  We  are  addressing  the  technological  hurdles  by  requiring  equipment  manufacturers  and  wireless  service  providers  to  reduce 
 the  amount  of  interference  emitted  from  digital  wireless  phones  and  to  provide  the  internal  capability  for  telecoil  coupling.  This  action  will  result  in  members  of  the  hearing 
 disabled  community  having  dramatically  increased  access  to  digital  wireless  phones  –  access  that  will  improve  their  lives  and  promote  their  safety. 


 Specifically,  I  believe  that  continuing  the  blanket  exemption  for  wireless  phones  from  the  Hearing  Aid  Compatibility  Act  would  be  detrimental  to  individuals  with  hearing 
 disabilities  since  they  would  not  be  able  to  benefit  from  the  many  advantageous  features  of  wireless  phones.  Further,  the  record  in  this  proceeding  affirmatively  demonstrates  that 
 it  is  technologically  feasible  to  manufacture  a  digital  wireless  phone  at  a  reasonable  and  marketable  rate.  The  FCC  must  respond  to  these  changed  circumstances  by  updating  its 
 rules.  Accordingly,  I  fully  support  modifying  the  blanket  exemption  contained  in  the  Hearing  Aid  Compatibility  Act  for  wireless  phones  to  ensure  that  hearing  disabled 
 consumers  have  access  to  the  digital  wireless  world. 
 The  successful  implementation  of  our  rules  will  require  that  wireless  phone  equipment  manufacturers  and  service  providers,  consumer  advocacy  groups  and  hearing  aid 
 manufacturers  work  together  to  ensure  that  the  hearing  disabled  have  access  to  the  digital  wireless  phone  that  works  best  for  them.  For  instance,  while  our  rules  mandate  the 
 availability  of  digital  wireless  phones  that  meet  established  ANSI  standards  for  interference,  this  does  not  necessarily  mean  that  these  phones  will  work  with  every 
 hearing  aid.  Accordingly,  we  encourage  industry  and  consumer  advocacy  groups  to  work  together  and  be  creative  in  reaching  out  to  specific  segments  of  consumers,  such  as  the 
 elderly,  to  make  sure  that  they  are  aware  of  the  choices  available  to  them  through  our  ruling  today.  In  addition,  it  is  important  that  the  hearing  aid  and  wireless  phone 
 industries  institute  policies  to  allow  the  hearing  disabled  additional  flexibility  in  ensuring  that  their  digital  wireless  phones  and  hearing  aids  work  successfully  together.  At  the  end 
 of  the  day  our  goal,  and  the  goal  of  Congress  in  passing  the  Hearing  Aid  Compatibility  Act  is  that  “[  t]  he  hearing  impaired  should  have  access  to  every  telephone  like  the  non-hearing 
 impaired.”  1 


 1  H.  R.  Report  No.  100-  674,  at  7  (1988). 
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