*Pages 1--3 from Microsoft Word - 51458* NEWS Federal Communications Commission 445 12 th Street, S. W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D. C. Circ 1974). News Media Information 202 / 418- 0500 Internet: http:// www. fcc. gov TTY: 1- 888- 835- 5322 FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT: September 8, 2005 Chelsea Fallon: (202) 418- 7991 FCC PROVIDES TEMPORARY RELIEF FROM HEARING AID COMPATABILITY REQUIREMENTS FOR WIRELESS CARRIERS OFFERING DUAL- BAND GSM HANDSETS WASHINGTON, D. C. – In a Memorandum Opinion and Order (Order) released today, the Federal Communications Commission (FCC) provided temporary, conditional relief from certain hearing aid compatibility requirements for carriers and manufacturers that offer dual-band digital wireless handsets that use the GSM air interface in both the 850 MHz cellular and 1900 MHz broadband PCS bands. The FCC’s hearing aid compatibility rules require that, by September 16, 2005, wireless handset manufacturers must offer to carriers – and that wireless carriers and service providers must offer to their customers – at least two hearing aid- compatible handsets per air interface. In addition, nationwide (Tier I) wireless carriers must offer, per air interface, four hearing aid-compatible digital wireless handset models, or 25% of the total number of digital wireless handset models offered by the carrier nationwide must be hearing aid compatible, by September 16, 2005. In August 2005, the Alliance for Telecommunications Industry Solutions (ATIS) Hearing Aid Compatibility Incubator Working Group 9, a technical group that focuses on hearing aid compatibility in wireless GSM handsets and includes representatives from the wireless industry, as well as the hearing aid industry and hearing disabled community, asked the FCC to temporarily base the hearing aid compatibility compliance rating of dual- band GSM handsets on their operation in the 1900 MHz band only, rather than on their operation in both the 850 MHz and 1900 MHz bands. In addition, Cingular Wireless LLC (Cingular), a nationwide wireless carrier that exclusively offers dual- band GSM handsets that operate in the 850 MHz and 1900 MHz frequency bands, requested a waiver of Commission’s requirement that nationwide carriers offer at least four hearing aid- compatible digital wireless handsets to consumers by September 16, 2005. ATIS and Cingular indicated that hearing aid compatibility in the 850 MHz band is currently technologically infeasible. In today’s Order, the FCC, pursuant to its waiver authority, adopted Working Group 9’s recommendation and ruled that, until August 1, 2006, it will base the hearing aid compatibility compliance rating of dual- mode GSM handsets on their operation in the 1900 MHz band only. This action applies to all handset manufacturers, wireless carriers and service providers that offer 1 3 STATEMENT OF COMMISSIONER MICHAEL J. COPPS RE: Section 68.4( a) of the Commission’s Rules Governing Hearing Aid- Compatible Telephones; Cingular Wireless LLC Petition for Waiver of Section 20.19( c)( 3)( i)( A) of the Commission’s Rules, Memorandum Opinion and Order (WT Docket No. 01- 309). Today’s Order grants Cingular Wireless a limited waiver of our hearing aid compatibility rules as they apply to wireless phones. It is with some hesitation that I support this action. I have said before that strong and clear rules are critical to accomplishing the statutory goal of ensuring that our Nation’s telecommunication networks are accessible to Americans with hearing loss. Nonetheless I understand that technological difficulties have emerged for wireless phones operating in the 850 MHz band. Advocates for the hearing loss community have expressed support for Cingular’s request— and I am satisfied that Cingular and other participants in the Hearing Aid Compatibility Incubator Program have been working in good faith to solve this problem quickly. I support today’s limited waiver because it moves us closer to the goal of ensuring that Americans with hearing disabilities have access to digital wireless services. In granting this limited waiver, we have insisted on regular updates to the FCC on the progress made to develop a solution for wireless phones that operate in the 850 MHz band. I will monitor that progress closely— and expect complete resolution by the firm deadline we have set of August 1, 2006. By that time, nationwide carriers that operate in the 850 MHz band— either on their own networks or through roaming agreements— should have hearing aid compatible phones available to consumers that work in that band. We have made the relief granted today available to other wireless carriers, service providers and handset manufacturers. T- Mobile has already requested similar action, and may avail itself of today’s limited waiver. I am encouraged that the wireless industry has been engaging in a dialogue with advocates for the millions of Americans with hearing disabilities so that solutions can be found for hearing aid compatibility. 3