Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Kyocera Communications, Inc.; Kyocera Corporation ) ) ) )
) ) File No.: EB-SED-12-00005491 NAL/Acct. No.: 201332100003 FRNs:
0004265831, 0017617366
ORDER
Adopted: April 11, 2014 Released: April 11, 2014
By the Deputy Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) has entered into a Consent Decree to conclude
its investigation into whether Kyocera Communications, Inc. (Kyocera)
timely filed its digital wireless handset hearing aid compatibility
status report due July 16, 2012. The Bureau's investigation revealed
that Kyocera did not do so. The Commission's hearing aid compatibility
rules serve to ensure that consumers with hearing loss have access to
advanced telecommunications services. In the attached Consent Decree,
Kyocera will implement a three-year plan to ensure future compliance
with these important requirements.
2. The Bureau and Kyocera have negotiated the Consent Decree that
resolves this matter. A copy of the Consent Decree is attached hereto
and incorporated herein by reference.
3. After reviewing the terms of the Consent Decree and evaluating the
facts before us, we find that the public interest would be served by
adopting the Consent Decree and terminating the investigation into
Kyocera's compliance with the digital wireless handset hearing aid
compatibility status report filing requirements set forth in Section
20.19(i)(1) of the Commission's rules (Rules).^ .
4. In the absence of material new evidence relating to this matter, we
conclude that our investigation raises no substantial or material
questions of fact as to whether Kyocera possesses the basic
qualifications, including those related to character, to hold or
obtain any Commission license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and
503(b) of the Act,^ and Sections 0.111 and 0.311 of the Rules,^ the
Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned investigation IS
TERMINATED.
7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Yasuhiro Oishi, President, Kyocera Communications, Inc.,
9520 Towne Centre Drive, San Diego, CA 92121, and to Mitchell Lazarus,
Esq., Fletcher, Heald & Hildreth PLC., Counsel for Kyocera, 1300 North
17th St., 11th Floor, Arlington, VA 22209.
FEDERAL COMMUNICATIONS COMMISSION
David B. Kolker
Deputy Chief, Enforcement Bureau
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Kyocera Communications, Inc.; Kyocera Corporation ) ) ) )
) ) File No.: EB-SED-12-00005491 NAL/Acct. No.: 201332100003 FRNs:
0004265831, 0017617366
CONSENT DECREE
The Enforcement Bureau of the Federal Communications Commission and
Kyocera Communications, Inc.,^ by their authorized representatives, hereby
enter into this Consent Decree for the purpose of terminating the Bureau's
investigation into an apparent violation of Section 20.19(i)(1) of the
Commission's rules^ pertaining to the digital wireless handset hearing aid
compatibility status report filing requirements.
I. DEFINITIONS
1. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S
151 et seq.
b. "Adopting Order" means an order of the Bureau adopting the terms of
this Consent Decree without change, addition, deletion, or
modification.
c. "Bureau" means the Enforcement Bureau of the Federal Communications
Commission.
d. "Commission" and "FCC" mean the Federal Communications Commission and
all of its bureaus and offices.
e. "Communications Laws" means, collectively, the Act, the Rules, and the
published and promulgated orders and decisions of the Commission to
which Kyocera Communications is subject by virtue of its business
activities, including but not limited to, the Hearing Aid
Compatibility Rules.
f. "Compliance Plan" means the compliance obligations, program, and
procedures described in this Consent Decree at paragraph 10.
g. "Covered Employees" means all employees and agents of Kyocera
Communications who perform, or supervise, oversee, or manage the
performance of duties that relate to Kyocera Communications's
responsibilities under the Hearing Aid Compatibility Rules.
h. "Kyocera Communications" means Kyocera Communications, Inc. and its
predecessors-in-interest and successors-in-interest.
i. "Effective Date" means the date on which the Bureau releases the
Adopting Order.
j. "Hearing Aid Compatibility Rules" means Section 20.19 of the Rules and
other Communications Laws governing digital wireless hearing aid
compatibility, such as the Rules governing the design, selection, or
acquisition of wireless handsets, the marketing or distribution of
such handsets to consumers in the United States, and the annual filing
of hearing aid compatibility status reports.
k. "Investigation" means the Investigation commenced by the Bureau upon a
referral from the Commission's Wireless Telecommunications Bureau
concerning Kyocera Communications's apparent failure to file a hearing
aid compatibility status report for the July 1, 2011, through June 30,
2012, reporting period, which culminated in the issuance of the Notice
of Apparent Liability for Forfeiture.
l. "Notice of Apparent Liability for Forfeiture" or "NAL" means Kyocera
Communications, Inc., Kyocera Corporation, Notice of Apparent
Liability for Forfeiture, 28 FCC Rcd 5987 (Enf. Bur. rel. May 1,
2013).
m. "Operating Procedures" means the standard, internal operating
procedures and compliance policies established by Kyocera
Communications to implement the Compliance Plan.
n. "Parties" means Kyocera Communications and the Bureau, each of which
is a "Party."
o. "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. In the 2003 Hearing Aid Compatibility Order, the Commission adopted
several measures to enhance the ability of consumers with hearing loss
to access digital wireless telecommunications.^ The Commission
established technical standards for radio frequency interference (the
M rating) and inductive coupling (the T rating)^ that digital wireless
handsets must meet to be considered compatible with hearing aids
operating in acoustic coupling and inductive coupling (telecoil)
modes, respectively. For each of these standards, the Commission
further established deadlines by which manufacturers and service
providers were required to offer specified numbers or percentages of
digital wireless handsets per air interface^ that are compliant with
the relevant standard.^ In February 2008, as part of a comprehensive
reconsideration of the effectiveness of the Hearing Aid Compatibility
Rules, the Commission released an order that, among other things,
adopted new hearing aid-compatible handset deployment benchmarks that
became effective beginning in 2008.^
3. The Commission also adopted reporting requirements to ensure that it
could monitor the availability of hearing aid-compatible handsets and
to provide valuable information to the public concerning the technical
testing and commercial availability of these handsets.^ The Commission
initially required manufacturers and digital wireless service
providers to report every six months on efforts toward compliance with
the hearing aid compatibility requirements for the first three years
of implementation, and then annually thereafter through the fifth year
of implementation.^ In its 2008 Hearing Aid Compatibility First Report
and Order, the Commission extended these reporting requirements with
certain modifications on an open-ended basis.^
4. Kyocera Communications failed to timely file its hearing aid
compatibility status report for the period July 1, 2011, through June
30, 2012. The required report was due to be filed on July 16, 2012.^
Staff from the Commission's Wireless Telecommunications Bureau
(Wireless Bureau) notified Kyocera Communications of its failure to
file the status report on July 24, 2012. The Wireless Bureau reopened
the filing window on September 10, 2012, at which time Kyocera
Communications filed its status report for the reporting period ending
June 30, 2012.^ The Wireless Bureau subsequently referred this matter
to the Bureau for investigation and possible enforcement action. On
May 1, 2013, the Bureau's Spectrum Enforcement Division issued the NAL
against Kyocera Communications and Kyocera Corporation for their
apparent willful and repeated violation of Section 20.19(i)(1) of the
Rules by apparently failing to timely file the required hearing aid
compatibility status report by July 16, 2012.^
III. TERMS OF AGREEMENT
5. Adopting Order. The Parties agree that the provisions of this Consent
Decree shall be subject to final approval by the Bureau by
incorporation of such provisions by reference in the Adopting Order.
6. Jurisdiction. Kyocera Communications agrees that the Bureau has
jurisdiction over it and the matters contained in this Consent Decree
and that the Bureau has the authority to enter into and adopt this
Consent Decree.
7. Effective Date; Violations. The Parties agree that this Consent Decree
shall become effective on the Effective Date as defined herein. As of
the Effective Date, the Adopting Order and this Consent Decree shall
have the same force and effect as any other order of the Commission.
Any violation of the Adopting Order or of the terms of this Consent
Decree shall constitute a separate violation of a Commission order,
entitling the Commission to exercise any rights and remedies attendant
to the enforcement of a Commission order.
8. Termination of Investigation. In express reliance on the covenants and
representations in this Consent Decree and to avoid further
expenditure of public resources, the Bureau agrees to terminate the
Investigation. In consideration for terminating the Investigation,
Kyocera Communications agrees to the terms, conditions, and procedures
contained herein. The Bureau further agrees that in the absence of new
material evidence, the Bureau will not use the facts developed in this
Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any new proceeding,
formal or informal, or take any action on its own motion against
Kyocera Communications concerning the matters that were the subject of
the Investigation. The Bureau also agrees that in the absence of new
material evidence it will not use the facts developed in the
Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal
or informal, or take any action on its own motion against Kyocera
Communications with respect to Kyocera Communications' basic
qualifications, including its character qualifications, to be a
Commission licensee or to hold Commission licenses or authorizations.
9. Compliance Officer. Within thirty (30) calendar days after the
Effective Date, Kyocera Communications shall designate a senior
corporate manager with the requisite corporate and organizational
authority to serve as Compliance Officer and to discharge the duties
set forth below. The person designated as the Compliance Officer shall
be responsible for developing, implementing, and administering the
Compliance Plan and ensuring that Kyocera Communications complies with
the terms and conditions of the Compliance Plan and this Consent
Decree. In addition to the general knowledge of the Communications
Laws necessary to discharge his/her duties under this Consent Decree,
the Compliance Officer shall have specific knowledge of the Hearing
Aid Compatibility Rules prior to assuming his/her duties.
10. Compliance Plan. For purposes of settling the matters set forth
herein, Kyocera Communications agrees that it shall within sixty (60)
calendar days after the Effective Date, develop and implement a
Compliance Plan designed to ensure future compliance with the
Communications Laws and with the terms and conditions of this Consent
Decree. With respect to the Hearing Aid Compatibility Rules, Kyocera
Communications shall implement the following procedures:
a. Operating Procedures on Hearing Aid Compatibility. Within sixty (60)
calendar days after the Effective Date, Kyocera Communications shall
establish Operating Procedures that all Covered Employees must follow
to help ensure Kyocera Communications's compliance with the Hearing
Aid Compatibility Rules, including the timely filing of annual
hearing aid compatibility status reports. Kyocera Communications's
Operating Procedures shall include internal procedures and policies
specifically designed to ensure that Kyocera Communications offers
the requisite number or percentage of hearing aid-compatible digital
wireless handset models to consumers as required by the Hearing Aid
Compatibility Rules, and accurately reports its handset offerings in
timely submitted annual hearing aid compatibility status reports.
Kyocera Communications also shall develop a Compliance Checklist that
describes the steps that a Covered Employee must follow to ensure
that the inclusion of a new handset model, or discontinuance of an
existing handset model offering, will not result in a violation of
the Commission's digital wireless hearing aid-compatible handset
deployment requirements. At a minimum, the Compliance Checklist shall
require Covered Employees to verify the hearing aid-compatibility
rating of each existing and proposed handset model offering using the
Commission's equipment authorization database.
b. Compliance Manual. Within sixty (60) calendar days after the
Effective Date, the Compliance Officer shall develop and distribute a
Compliance Manual to all Covered Employees. The Compliance Manual
shall explain the Hearing Aid Compatibility Rules and set forth the
Operating Procedures that Covered Employees shall follow to help
ensure Kyocera Communications's compliance with the Hearing Aid
Compatibility Rules, and shall set forth procedures for timely
submittal of hearing aid compatibility status reports. Kyocera
Communications shall periodically review and revise the Compliance
Manual as necessary to ensure that the information set forth therein
remains current and complete. Kyocera Communications shall distribute
any revisions to the Compliance Manual promptly to all Covered
Employees.
c. Compliance Training Program. Kyocera Communications shall establish
and implement a Compliance Training Program on compliance with the
Hearing Aid Compatibility Rules and the Operating Procedures. As part
of the Compliance Training Program, Covered Employees shall be
advised of Kyocera Communications's obligation to report any
noncompliance with the Hearing Aid Compatibility Rules under
paragraph 11 of this Consent Decree and shall be instructed on how to
disclose noncompliance to the Compliance Officer. All Covered
Employees shall be trained pursuant to the Compliance Training
Program within sixty (60) calendar days after the Effective Date,
except that any person who becomes a Covered Employee at any time
after the Effective Date shall be trained within thirty (30) calendar
days after the date such person becomes a Covered Employee. Kyocera
Communications shall repeat the compliance training on an annual
basis, and shall periodically review and revise the Compliance
Training Program as necessary to ensure that it remains current and
complete and to enhance its effectiveness.
11. Reporting Noncompliance. Kyocera Communications shall report any
future noncompliance with the Hearing Aid Compatibility Rules and with
the terms and conditions of this Consent Decree within fifteen (15)
calendar days after discovery of such noncompliance. Such reports
shall include a detailed explanation of (i) each instance of
noncompliance; (ii) the steps that Kyocera Communications has taken or
will take to remedy such noncompliance; (iii) the schedule on which
such remedial actions will be taken; and (iv) the steps that Kyocera
Communications has taken or will take to prevent the recurrence of any
such noncompliance. All reports of noncompliance shall be submitted to
the Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
Communications Commission, Room 3-C366, 445 12th Street, S.W.,
Washington, DC 20554, with a copy submitted electronically to Jason
Koslofsky at Jason.Koslofsky@fcc.gov and to Pamera Hairston at
Pamera.Hairston@fcc.gov.
12. Compliance Reports. Kyocera Communications shall file Compliance
Reports with the Commission ninety (90) calendar days after the
Effective Date, twelve (12) months after the Effective Date,
twenty-four (24) months after the Effective Date, and thirty-six (36)
months after the Effective Date.
a. Each Compliance Report shall include a detailed description of Kyocera
Communications's efforts during the relevant period to comply with the
terms and conditions of this Consent Decree and the Hearing Aid
Compatibility Rules. In addition, each Compliance Report shall include
a certification by the Compliance Officer, as an agent of and on
behalf of Kyocera Communications, stating that the Compliance Officer
has personal knowledge that Kyocera Communications (i) has established
and implemented the Compliance Plan; (ii) has utilized the Operating
Procedures since the implementation of the Compliance Plan; (iii) has
timely filed any required annual hearing aid compatibility status
report coming due since the last Compliance Report; and (iv) is not
aware of any instances of noncompliance with the terms and conditions
of this Consent Decree, including the reporting obligations set forth
in paragraph 11 hereof.
b. The Compliance Officer's certification shall be accompanied by a
statement explaining the basis for such certification and must comply
with Section 1.16 of the Rules^ and be subscribed to as true under
penalty of perjury in substantially the form set forth therein.
c. If the Compliance Officer cannot provide the requisite certification,
the Compliance Officer, as an agent of and on behalf of Kyocera
Communications, shall provide the Commission with a detailed
explanation of the reason(s) why and describe fully (i) each instance
of noncompliance; (ii) the steps that Kyocera Communications has taken
or will take to remedy such noncompliance, including the schedule on
which proposed remedial actions will be taken; and (iii) the steps
that Kyocera Communications has taken or will take to prevent the
recurrence of any such noncompliance, including the schedule on which
such preventive action will be taken.
d. All Compliance Reports shall be submitted to the Chief, Spectrum
Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12th Street, S.W., Washington, DC 20554, with a copy
submitted electronically to Jason Koslofsky at Jason.Koslofsky@fcc.gov
and to Pamera Hairston at Pamera.Hairston@fcc.gov.
13. Termination Date. Unless stated otherwise, the requirements of
paragraphs 9 through 12 of this Consent Decree shall expire thirty-six
(36) months after the Effective Date.
14. Voluntary Contribution. Kyocera Communications agrees that it will
make a voluntary contribution to the United States Treasury in the
amount of twelve thousand dollars ($12,000) within thirty (30)
calendar days after the Effective Date. Kyocera Communications shall
also send electronic notification of payment to Jason Koslofsky at
Jason.Koslofsky@fcc.gov, Pamera Hairston at Pamera.Hairston@fcc.gov,
and to Samantha Peoples at Sam.Peoples@fcc.gov on the date said
payment is made. The payment must be made by check or similar
instrument, wire transfer, or credit card, and must include the
NAL/Account Number and FRNs referenced above. Regardless of the form
of payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.^ When completing the FCC Form 159, enter the Account Number
in block number 23A (call sign/other ID) and enter the letters "FORF"
in block number 24A (payment type code). Below are additional
instructions Kyocera Communications should follow based on the form of
payment it selects:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete the
wire transfer and ensure appropriate crediting of the wired funds, a
completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the
same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
If Kyocera Communications has questions regarding payment procedures, it
should contact the Financial Operations Group Help Desk by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
15. Waivers. Kyocera Communications waives any and all rights it may have
to seek administrative or judicial reconsideration, review, appeal, or
stay, or to otherwise challenge or contest the validity of this
Consent Decree and the Adopting Order, provided the Bureau issues an
Adopting Order as defined herein. Kyocera Communications shall retain
the right to challenge Commission interpretation of the Consent Decree
or any terms contained herein. If either Party (or the United States
on behalf of the Commission) brings a judicial action to enforce the
terms of the Adopting Order, neither Kyocera Communications nor the
Commission shall contest the validity of the Consent Decree or of the
Adopting Order, and Kyocera Communications shall waive any statutory
right to a trial de novo. Kyocera Communications hereby agrees to
waive any claims it may have under the Equal Access to Justice Act^
relating to the matters addressed in this Consent Decree.
16. Invalidity. In the event that this Consent Decree in its entirety is
rendered invalid by any court of competent jurisdiction, it shall
become null and void and may not be used in any manner in any legal
proceeding.
17. Subsequent Rule or Order. The Parties agree that if any provision of
the Consent Decree conflicts with any subsequent Rule or order adopted
by the Commission (except an order specifically intended to revise the
terms of this Consent Decree to which Kyocera Communications does not
expressly consent) that provision will be superseded by such Rule or
Commission order.
18. Successors and Assigns. Kyocera Communications agrees that the
provisions of this Consent Decree shall be binding on its successors,
assigns, and transferees.
19. Final Settlement. The Parties agree and acknowledge that this Consent
Decree shall constitute a final settlement between the Parties with
respect to the Investigation. The Parties further agree that this
Consent Decree does not constitute either an adjudication on the
merits or a factual or legal finding or determination regarding any
compliance or noncompliance with the Communications Laws.
20. Modifications. This Consent Decree cannot be modified without the
advance written consent of both Parties.
21. Paragraph Headings. The headings of the paragraphs in this Consent
Decree are inserted for convenience only and are not intended to
affect the meaning or interpretation of this Consent Decree.
22. Authorized Representative. The individual signing this Consent Decree
on behalf of Kyocera Communications represents and warrants that (i)
Kyocera Communications has ultimate authority and control over, and
responsibility for, compliance with the Hearing Aid Compatibility
Rules with respect to handset models offered within the United States
that are manufactured by Kyocera Communications, Kyocera Corporation,
and any other subsidiary or related company within Kyocera
Corporation's corporate structure; and (ii) he/she is authorized by
Kyocera Communications to execute this Consent Decree and to bind
Kyocera Communications to the obligations set forth herein. The FCC
signatory represents that he is signing this Consent Decree in his
official capacity and that he is authorized to execute this Consent
Decree.
23. Counterparts. This Consent Decree may be signed in any number of
counterparts (including by facsimile), each of which, when executed
and delivered, shall be an original, and all of which counterparts
together shall constitute one and the same fully executed instrument.
________________________________
David B. Kolker
Deputy Chief
Enforcement Bureau
________________________________
Date
_______________________________
Yasuhiro Oishi
President
Kyocera Communications, Inc.
________________________________
Date
^ 47 C.F.R. S 20.19(i)(1).
^ 47 U.S.C. SS 154(i), 154(j), 503(b).
^ 47 C.F.R. SS 0.111, 0.311.
^ Kyocera Communications, Inc. is an indirect subsidiary of Kyocera
Corporation. See Kyocera Corporation, Corporate Profile,
http://global.kyocera.com/company/download/pdf/all_en.pdf (last visited
Apr. 12, 2013). Kyocera Corporation manufactures mobile telephones and
other electronic devices. Id. Kyocera Communications, Inc. "is the sales,
marketing and service headquarters for Kyocera - and Sanyo-branded
wireless products and accessories in the Americas." Kyocera
Communications, Inc., Kyocera Corporate Overview,
http://www.kyocera-wireless.com/company-information/overview.htm (last
visited Apr. 12, 2013).
^ 47 C.F.R. S 20.19(i)(1).
^ The Commission adopted these requirements for digital wireless
telephones under the authority of the Hearing Aid Compatibility Act of
1988, Pub. L. No. 100-394, 102 Stat. 976 (codified at 47 U.S.C. SS 609
note, 610, 610 note). See Section 68.4(a) of the Commission's Rules
Governing Hearing Aid-Compatible Telephones, Report and Order, 18 FCC Rcd
16753, 16787, para. 89 (2003), Erratum, 18 FCC Rcd 18047 (2003) (Hearing
Aid Compatibility Order); Order on Reconsideration and Further Notice of
Proposed Rulemaking, 20 FCC Rcd 11221 (2005).
^ As subsequently amended, Section 20.19(b)(1) of the Rules provided that,
for the period beginning June 6, 2008, and ending December 31, 2009, a
newly certified wireless handset is deemed hearing aid-compatible for
radio frequency interference if, at minimum, it meets the M3 rating
associated with the technical standard set forth in either the standard
document "American National Standard Methods of Measurement of
Compatibility between Wireless Communication Devices and Hearing Aids,"
ANSI C63.19-2006 (June 12, 2006) or ANSI C63.19-2007 (June 8, 2007).
Beginning January 1, 2010, a newly certified handset had to meet at least
an M3 rating under ANSI C63.19-2007 to be considered hearing
aid-compatible for radio frequency interference. 47 C.F.R. S 20.19(b)(1).
Section 20.19(b)(2) provided that, for the period beginning June 6, 2008,
and ending December 31, 2009, a newly certified wireless handset was
deemed hearing aid-compatible for inductive coupling if, at minimum, it
met the T3 rating associated with the technical standard as set forth in
ANSI C63.19-2006 or ANSI C63.19-2007, and beginning January 1, 2010, it
was deemed hearing aid-compatible for inductive coupling if it met at
least a T3 rating under ANSI C63.19-2007. Id. S 20.19(b)(2). Grants of
certification issued before June 6, 2008, under previous versions of ANSI
C63.19 remained valid for hearing aid compatibility purposes. A recently
adopted further amendment to Section 20.19(b) of the Rules permits
manufacturers to test handsets for hearing aid compatibility using the
2011 version of the ANSI standard, ANSI C63.19-2011, as an alternative to
ANSI C63.19-2007. See Amendment of the Commission's Rules Governing
Hearing Aid-Compatible Mobile Handsets, Third Report and Order, 27 FCC Rcd
3732 (WTB/OET 2012).
^ The term "air interface" refers to the technical protocol that ensures
compatibility between mobile radio service equipment, such as handsets,
and the service provider's base stations. Currently, the leading air
interfaces include Code Division Multiple Access (CDMA), Global System for
Mobile Communications (GSM), Integrated Digital Enhanced Network (iDEN),
and Wideband Code Division Multiple Access (WCDMA) a/k/a Universal Mobile
Telecommunications System (UMTS).
^ See Hearing Aid Compatibility Order, 18 FCC Rcd at 16780, para. 65; 47
C.F.R. S 20.19(c), (d).
^ See Amendment of the Commission's Rules Governing Hearing Aid-Compatible
Mobile Handsets, First Report and Order, 23 FCC Rcd 3406 (2008) ("Hearing
Aid Compatibility First Report and Order"), Order on Reconsideration and
Erratum, 23 FCC Rcd 7249 (2008).
^ See Hearing Aid Compatibility First Report and Order, 23 FCC Rcd at
3443, para. 91; see also 47 C.F.R. S 20.19(i).
^ See Hearing Aid Compatibility Order, 18 FCC Rcd at 16787, para. 89; see
also Wireless Telecommunications Bureau Announces Hearing Aid
Compatibility Reporting Dates for Wireless Carriers and Handset
Manufacturers, Public Notice, 19 FCC Rcd 4097 (Wireless Tel. Bur. 2004).
^ See Hearing Compatibility First Report and Order, 23 FCC Rcd at 3444-46,
paras. 97-99, 101. The extensions of these reporting requirements became
effective on December 13, 2011. See 76 Fed. Reg. 77,415 (Dec. 13, 2011).
The Commission also made clear that these reporting requirements apply to
manufacturers and service providers that meet the de minimis exception.
See Hearing Compatibility First Report and Order, 23 FCC Rcd at 3446,
para. 99.
^ Manufacturers are required to file their hearing aid compatibility
status reports on July 15^th of each year. See 47 C.F.R. S 20.19(i)(1).
However, because July 15, 2012 fell on a Sunday, the report was due the
next business day, July 16, 2012. See id. S 1.4(e)(1) (defining "holiday"
to include Sunday); Id. S 1.4(j) (when a deadline falls on a holiday, the
deadline is extended until the next business day); see also Hearing Aid
Compatibility Status Reporting, http://wireless.fcc.gov/hac.
^ See Kyocera Communications, Inc., Hearing Aid Compatibility Report
(Sept. 10, 2012),
http://wireless.fcc.gov/hac_documents/120928/7058833_23.PDF.
^ 47 C.F.R. S 20.19(i)(1).
^ 47 C.F.R. S 1.16.
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ Equal Access to Justice Act, Pub L. No. 96-481, 94 Stat. 2325 (1980)
(codified at 5 U.S.C. S 504); see also 47 C.F.R. SS 1.1501-1.1530.
Federal Communications Commission DA 14-403
9
Federal Communications Commission DA 14-403