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                                                                   DA 13-1515

                                                                July 03, 2013

                                              Enforcement Advisory No. 2013-5

               HEARING aID COMPATIBILITY FOR WIRELESS TELEPHONES

      WIRELESS HANDSET MANUFACTURERS ADVISED TO ENSURE ACCURATE REPORTING

                OF WIRELESS HEARING AID COMPATIBILITY COMPLIANCE

   Handset Manufacturers Must Make Annual Compliance Filing By July 15, 2013

   The Enforcement Bureau reminds wireless handset manufacturers of their
   obligation to report on compliance with the hearing aid compatibility
   rules on or before July 15, 2013.^ The hearing aid compatibility rules
   ensure that individuals with hearing loss can fully access advanced
   wireless phone services without excessive feedback or noise.

   As we have previously explained, the Bureau's heightened enforcement
   posture recognizes that the hearing aid compatibility rules have been in
   place for almost a decade and that manufacturers should now have
   implemented robust programs to ensure compliance with these important
   rules.

   What do the hearing aid compatibility rules require of manufacturers?
   Commission rules require most wireless handset manufacturers to offer a
   minimum number of hearing aid-compatible handsets, making their products
   accessible to consumers with hearing loss.^ Manufacturers that offer any
   new handset model for a particular air interface^ during a calendar year
   also must partially "refresh" their hearing aid-compatible handset
   offerings to ensure that the handsets available to consumers with hearing
   loss include the newest and most advanced technologies.^

   To provide consumers with up-to-date information on the availability of
   hearing aid-compatible handsets and enable the Commission to monitor
   compliance, Commission rules also require manufacturers to file periodic
   status reports and post specific information on their public websites.^
   The status reports and web content offer valuable information to the
   public concerning the technical testing and commercial availability of
   hearing aid-compatible handsets.

   As noted above, a manufacturer's failure to familiarize itself with these
   requirements does not excuse noncompliance. Similarly, there is no de
   minimis exception to the wireless hearing aid compatibility reporting
   requirement.^

   How important is accurate reporting? Inaccurate reports hamper the
   Commission's ability to monitor the deployment of hearing aid-compatible
   handsets and impede compliance with the hearing aid compatibility rules
   themselves. Manufacturers (and service providers) are obligated to
   accurately report their handset offerings in their annual hearing aid
   compatibility status reports.^

   The Bureau has found inaccuracies in the relevant hearing aid
   compatibility handset rating, model name, and FCC ID, as well as the time
   period during which such handsets were offered. Errors in manufacturer
   reports may then be replicated by other entities, creating a daisy chain
   of non-compliance. The Commission's Equipment Authorization System is the
   most reliable source for information on a handset's hearing aid
   compatibility rating,^ and the Bureau urges all filers to ensure that the
   handset model rating reported in their hearing aid compatibility status
   reports is consistent with the rating in the grant of equipment
   authorization. Manufacturers that have already filed their 2013 hearing
   aid compatibility status reports should review their filings for accuracy
   and completeness and amend their filings as necessary to correct any
   errors before the filing deadline. Errors that may be subsequently
   discovered should be immediately reported to the Wireless
   Telecommunications Bureau so the associated reports can be promptly
   corrected. We will consider taking additional enforcement actions in this
   area if this problem persists.

   What happens if manufacturers or service providers do not comply with the
   rules? We intend to strictly enforce the hearing aid compatibility rules,
   and will impose escalating penalties on manufacturers that persist in
   their failure to file the required reports or otherwise fail to comply
   with these rules.

     * Failure to comply with the digital wireless handset deployment
       requirements may result in monetary forfeitures starting at $15,000
       per violation. In 2012, the Commission revised its approach to the
       assessment of base forfeitures for violations of the hearing
       aid-compatible handset deployment requirements in order to more fully
       reflect the significance of these violations and to better deter
       future noncompliance. Specifically, the Commission began applying the
       $15,000 base forfeiture to each failure to offer a hearing
       aid-compatible handset during each month of the reporting year.^

     * Failure to comply with the reporting and web site posting requirements
       may result in monetary forfeitures starting at $6,000 per violation.

     * These base forfeiture amounts are subject to adjustment based on
       aggravating or mitigating factors. The Communications Act and
       Commission rules authorize forfeitures against non-common carriers of
       up to $16,000 for each violation, or for each day of a continuing
       violation, up to a maximum of $112,500 for a single act or failure to
       act.^

   Need more information? To file a hearing aid compatibility status report,
   visit http://wireless.fcc.gov/hac. For additional information regarding
   enforcement of the wireless hearing aid compatibility rules, please
   contact John D. Poutasse, (202) 418-2172, John.Poutasse@fcc.gov, or Pamera
   Hairston, (202) 418-1165, Pamera.Hairston@fcc.gov of the Enforcement
   Bureau. For general information on compliance with the wireless hearing
   aid compatibility rules, contact Christina Clearwater, (202) 418-1893,
   Christina.Clearwater@fcc.gov, or Eli Johnson, (202) 418-1395,
   Eli.Johnson@fcc.gov of the Wireless Telecommunications Bureau.

   To request materials in accessible formats for people with disabilities
   (Braille, large print, electronic files, audio format), send an e-mail to
   fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
   202-418-0530 (voice), (202) 418-0432 (TTY). You may also contact the
   Enforcement Bureau on its TTY line at (202) 418-1148 for further
   information about this Enforcement Advisory, or the FCC on its TTY line at
   1-888-Tell-FCC (1-888-835-5322) for further information about the wireless
   hearing aid compatibility rules.

   Media inquiries should be directed to Mark Wigfield, (202) 418-0253, Mark
   Wigfield@fcc.gov.

                                  Issued by: Acting Chief, Enforcement Bureau

                                     -FCC-

   ^ The filing deadline for these reports is July 15th each year. When the
   15th of the month falls on a weekend or holiday, the report is due on the
   next business day. See 47 C.F.R. S 1.4; see also Hearing Aid Compatibility
   Status Reporting at http://wireless.fcc.gov/hac.

   ^ The full text of the wireless hearing aid compatibility rules is set
   forth at 47 C.F.R. S 20.19. Among other things, these rules include
   technical standards that digital wireless handsets must meet to be
   considered compatible with hearing aids operating in acoustic coupling and
   inductive coupling (telecoil) modes, and establish deadlines by which
   manufacturers are required to offer specified numbers or percentages of
   handsets per air interface that comply with the relevant standard.

   ^ The term "air interface" refers to the technical protocol, such as Code
   Division Multiple Access (CDMA), that ensures compatibility between mobile
   radio service equipment (e.g., wireless handsets) and the service
   provider's base stations.

   ^ See, e.g., 47 C.F.R. S 20.19(c)(1)(ii) (requiring manufacturers to offer
   a mix of new and existing models that comply with paragraph (b)(1) of this
   section); Amendment of the Commission's Rules Governing Hearing
   Aid-Compatible Mobile Handsets, Third Report and Order, 27 FCC Rcd 3732,
   3733, para. 3 n.2 (2012).

   ^ ^ See 47 C.F.R. S 20.19(h), (i).

   ^ Manufacturers offering two or fewer digital wireless handset models per
   air interface may qualify for the de minimis exception (47 C.F.R. S
   20.19(e)) to the hearing aid-compatible handset deployment benchmarks, but
   they must still comply with the reporting requirement in 47 C.F.R. S
   20.19(i). Effective September 10, 2012, the de minimis deployment
   exception is unavailable to manufacturers that do not meet the definition
   of a "small entity" beginning two years after their initial offerings. See
   id. S 20.19(e)(1)(ii); see also Amendment of the Commission's Rules
   Governing Hearing Aid-Compatible Mobile Handsets, Policy Statement and
   Second Report and Order and Further Notice of Proposed Rulemaking, 25 FCC
   Rcd 11167, 11180-89, paras. 35-59 (2010).

   ^ ^ See 47 C.F.R. S 20.19(i).

   ^ The Equipment Authorization System is an electronic database of all
   equipment certified under Commission authority. The database identifies
   the hearing aid compatibility rating of each handset by FCC ID, as
   reported by the handset manufacturer in test reports submitted to the
   Commission at the time of an equipment authorization or of any
   modification to such authorization. See
   http://transition.fcc.gov/oet/ea/fccid/.

   ^ See T-Mobile USA, Inc., Notice of Apparent Liability for Forfeiture, 27
   FCC Rcd 4405, 4415, paras. 22-23 (2012); see also HTC Am., Inc.; HTC
   Corp., Order and Consent Decree, 27 FCC Rcd 10819, 10823, para. 3 n.13
   (2012).

   ^ See 47 U.S.C. S 503(b)(2)(D); 47 C.F.R. S 1.80(b)(7).

                                  Page 2 of 3

   PUBLIC NOTICE

                                   Page 1of 3

                            FCC ENFORCEMENT ADVISORY

                                  QUICK GUIDE

     * Reporting Deadline: Wireless handset manufacturers must file required
       hearing aid compatibility status reports by July 15, 2013.

     * Inaccurate Reports: The Bureau has observed that hearing aid
       compatibility status reports filed by manufacturers (and service
       providers) often contain errors. Given the upcoming reporting
       deadline, we urge manufacturers to exercise diligence in making the
       representations required by the hearing aid compatibility rules. The
       failure to do so undermines the ability of consumers to access
       reliable information on the availability of hearing aid-compatible
       handsets and confuses other market participants.

     * Timely Corrections: Manufacturers that have already filed their 2013
       hearing aid compatibility status reports should review such filings
       for accuracy and completeness and amend their filings as necessary to
       correct any errors before the filing deadline.

     * No De Minimis Exception: We emphasize that (i) a manufacturer's
       failure to familiarize itself with the relevant law does not excuse
       noncompliance; and (ii) there is no de minimis exception to the
       wireless hearing aid compatibility reporting requirement. All wireless
       handset manufacturers must timely file hearing aid compatibility
       status reports, regardless of the number of handset models they offer.

     * Monetary Liability: Since 2011, the Commission has taken hearing aid
       compatibility enforcement actions valued at more than $2.9 million,
       including a proposed $12,000 monetary penalty for a manufacturer's
       failure to timely file its 2012 hearing aid compatibility status
       report. (See Kyocera Communications, Inc.; Kyocera Corp., DA 13-35).

     *



     *












   Federal Communications Commission

   445 12^th St., S.W.

   Washington, D.C. 20554

                                        News Media Information 202 / 418-0500

                                                 Internet: http://www.fcc.gov

                                                          TTY: 1-888-835-5322