[Code of Federal Regulations] [Title 47, Volume 2] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR20.19] [Page 19-21] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 20--COMMERCIAL MOBILE RADIO SERVICES--Table of Contents Sec. 20.19 Hearing aid-compatible mobile handsets. (a) Scope of section. This section is applicable to providers of Broadband Personal Communications Services (part 24, subpart E of this chapter), Cellular Radio Telephone Service (part 22, subpart H of this chapter), and Specialized Mobile Radio Services in the 800 MHz and 900 MHz bands (included in part 90, subpart S of this chapter) if such providers offer real-time, two-way switched voice or data service that is interconnected with the public switched network and utilizes an in- network switching facility that enables the provider to reuse frequencies and accomplish seamless hand-offs of subscriber calls. This section also applies to the manufacturers of the wireless phones used in delivery of these services. (b) Technical standard for hearing aid compatibility. A wireless phone used for public mobile radio services is hearing aid compatible for the purposes of this section if it meets, at a minimum: [[Page 20]] (1) For radio frequency interference: U3 as set forth in the standard document ANSI C63.19-2001 ``American National Standard for Methods of Measurement of Compatibility between Wireless Communication Devices and Hearing Aids, ANSI C63.19-2001'' (published October 8, 2001- -available for purchase from the American National Standards Institute); and (2) For inductive coupling: U3T rating as set forth in the standard document ANSI C63.19-2001 ``American National Standard for Methods of Measurement of Compatibility between Wireless Communication Devices and Hearing Aids, ANSI C63.19-2001'' (published October 8, 2001--available for purchase from the American National Standards Institute). (3) Manufacturers must certify compliance with the test requirements and indicate the appropriate U-rating for the wireless phone as set forth in Sec. 2.1033(d) of this chapter. (c) Phase-in for public mobile service handsets concerning radio frequency interference. (1) Each manufacturer of handsets used with public mobile services for use in the United States or imported for use in the United States must: (i) Offer to service providers at least two handset models for each air interface offered that comply with Sec. 20.19(b)(1) by September 16, 2005; and (ii) Ensure at least 50 percent of their handset offerings for each air interface offered comply with Sec. 20.19(b)(1) by February 18, 2008. (2) And each provider of public mobile service must: (i) Include in their handset offerings at least two handset models per air interface that comply with Sec. 20.19(b)(1) by September 16, 2005 and make available in each retail store owned or operated by the provider all of these handset models for consumers to test in the store; and (ii) Ensure that at least 50 percent of their handset models for each air interface comply with Sec. 20.19(b)(1) by February 18, 2008, calculated based on the total number of unique digital wireless handset models the carrier offers nationwide. (3) Each Tier I carrier must: (i) Include in their handset offerings at least two handset models or 25 percent of the total number of unique digital wireless handset models offered by the carrier nationwide (calculated based on the total number of unique digital wireless handset models the carrier offers nationwide), whichever is greater, for each air interface that comply with Sec. 20.19(b)(1) by September 16, 2005, and make available in each retail store owned or operated by the carrier all of these handset models for consumers to test in the store; and (ii) Ensure that at least 50 percent of their handset models for each air interface comply with Sec. 20.19(b)(1) by February 18, 2008, calculated based on the total number of unique digital wireless phone models the carrier offers nationwide. (d) Phase-in for public mobile service handsets concerning inductive coupling. (1) Each manufacturer of handsets used with public mobile services for use in the United Sates or imported for use in the United States must offer to service providers at least two handset models for each air interface offered that comply with Sec. 20.19(b)(2) by September 18, 2006. (2) And each provider of public mobile service must include in their handset offerings at least two handset models for each air interface that comply with Sec. 20.19(b)(2) by September 18, 2006 and make available in each retail store owned or operated by the provider all of these handset models for consumers to test in the store. (e) De minimis exception. (1) Manufacturers or mobile service providers that offer two or fewer digital wireless handsets in the U.S. are exempt from the requirements of this section. For mobile service providers that obtain handsets only from manufacturers that offer two or fewer digital wireless phone models in the U.S., the service provider would likewise be exempt from the requirements of this section. (2) Manufacturers or mobile service providers that offer three digital wireless handset models, must make at least one compliant phone model in two years. Mobile service providers that obtain handsets only from manufacturers that offer three digital wireless phone models in the U.S. would be [[Page 21]] required to offer at least one compliant handset model. (f) Labeling requirements. Handsets used with public mobile services that are hearing aid compatible, as defined in Sec. 20.19(b) of this chapter, shall clearly display the U-rating, as defined in 20.19(b)(1), (2) on the packaging material of the handset. An explanation of the ANSI C63.19-2001 U-rating system shall also be included in the owner's manual or as an insert in the packaging material for the handset. (g) Enforcement. Enforcement of this section is hereby delegated to those states which adopt this section and provide for enforcement. The procedures followed by a state to enforce this section shall provide a 30-day period after a complaint is filed, during which time state personnel shall attempt to resolve a dispute on an informal basis. If a state has not adopted or incorporated this section, or failed to act within 6 months from the filing of a complaint with the state public utility commission, the Commission will accept such complaints. A written notification to the complainant that the state believes action is unwarranted is not a failure to act. The procedures set forth in part 68, subpart E of this chapter are to be followed. [68 FR 54175, Sept. 16, 2003] Effective Date Note: At 68 FR 54175, Sept. 16, 2003, Sec. 20.19 was added, effective Nov. 17, 2003.