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 Federal  Communications  Commission  FCC  05-  166 
 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. 
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