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 STATEMENT  OF  COMMISSIONER  KATHLEEN  Q.  ABERNATHY 
 Re:  Section  68.4(  a)  of  the  Commission’s  Rules  Governing  Hearing  Aid-Compatible  Telephones,  WT  Docket  No.  01-  309,  Order  on  Reconsideration  and 
 Further  Notice  of  Proposed  Rulemaking,  (adopted  June  9,  2005). 
 This  Order  reaffirms  and  clarifies  our  implementation  of  Congress’s  important  goal  of  ensuring  access  to  telecommunications  services  for  individuals  with  hearing 
 disabilities.  Our  action  reiterates  the  Commission’s  commitment  to  making  sure  members  of  the  hearing-  impaired  community  are  able  to  take  full  advantage  of  the 
 potential  for  digital  wireless  technologies  to  improve  lives  and  promote  safety.  I  also  am  encouraged  by  the  collaborative  efforts  by  wireless  phone  manufacturers,  service 
 providers,  and  the  hearing  aid  community  to  carry  out  this  public  interest  goal  and  to  make  it  a  reality. 


 I  would  sound  a  note  of  caution  about  today’s  further  notice,  however.  In  it,  the  Commission  seeks  comment  on  extending  the  in-  store  consumer  testing  requirement  to 
 retail  stores  that  are  not  owned  or  operated  directly  by  wireless  carriers.  While  I  continue  to  support  testing  requirements  in  connection  with  the  carriers’  own  retail  sales  and  urge 
 independent  retailers  to  do  the  same,  I  believe  we  should  be  circumspect  about  any  attempt  to  extend  well  beyond  our  traditional  jurisdiction  to  compel  action  by 
 independent  retailers  without  a  clear  directive  from  Congress  to  do  so.  I  have  been  a  strong  proponent  of  improving  access  for  consumers  with  hearing  disabilities  and  I 
 continue  to  support  strict  enforcement  of  our  existing  rules,  but  we  should  not  propose  rules  that  we  may  well  lack  authority  to  adopt  and,  in  any  case,  probably  cannot  enforce. 
 The  Commission  should  proceed  very  cautiously  in  this  inquiry. 
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