47 C.F.R. § 20.19

Current through November 30, 2024

Section 20.19 - [Effective on an indefinitely delayed date ] Hearing aid-compatible mobile handsets

(a)Definitions. For purposes of this section:

2007 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 800 MHz and 3 GHz as set forth in ANSI C63.19-2007.

2011 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 698 MHz and 6 GHz as set forth in ANSI C63.19-2011.

2019 ANSI standard refers to the technical standard for hearing aid compatibility applicable to frequencies between 614 MHz and 6 GHz as set forth in ANSI C63.19-2019.

Acoustic coupling refers to a type of hearing aid compatibility where handset models couple with hearing aids through the use of the hearing aid's microphone that amplifies sound and the handsets meet standards for controlling radiofrequency (RF) interference between the handsets and hearing aids.

ANSI standard refers to the 2007, 2011, and 2019 ANSI standards as a group.

Any version of the ANSI standard previous to the 2019 ANSI standard refers to the 2007 and 2011 ANSI standards.

Bluetooth coupling refers to a type of hearing aid compatibility where handset models couple with hearing aids using short range wireless technology that relies on internal chipsets and antennas within the handset model.

Digital labeling technology refers to Quick-Response (QR) codes and related website addresses that link to additional online information about a handset model's hearing aid compatibility.

Digital mobile service refers to a terrestrial mobile service that enables two-way real-time voice communications among members of the public or a substantial portion of the public, including both interconnected and non-interconnected voice over internet protocol (VoIP) services, to the extent that such service is provided over frequencies specified in the 2007 ANSI standard, 2011 ANSI standard, or the 2019 ANSI standard.

Handset refers to a device used in delivery of digital mobile service in the United States that contains a built-in speaker and is typically held to the ear in any of its ordinary uses.

Handset manufacturer refers to a manufacturer of handset models that are used in delivery of digital mobile service, as defined in this section, in the United States.

Handset model portfolio refers to all of the handset models that a handset manufacturer or service provider offers for sale or use in the United States.

Hearing aid refers to hearing aids and cochlear implants.

Hearing aid-compatible refers to a handset model that:

(i) Has an internal means for compatibility, as defined in this section;

(ii) Meets established technical standards for hearing aid coupling or compatibility, as defined in this section; and

(iii) Is usable, as defined in this section.

Model refers to a wireless handset that a handset manufacturer has designated as a distinct handset model, consistent with its own marketing practices. However, if a handset manufacturer assigns different model number designations solely to distinguish handset models sold to different service providers, or to signify other distinctions that do not relate to either form, features, or capabilities, such model number designations shall not count as distinct handset models for purposes of this section.

Nationwide service provider refers to a provider of commercial mobile radio service, as defined in this section, that offers such service nationwide.

Non-nationwide service provider refers to a provider of commercial mobile radio service, as defined in this section, that does not offer such service on a nationwide basis.

Publicly accessible website refers to a consumer facing website that handset manufacturers and service providers maintain and that consumers can locate through a website search.

Service provider refers to a provider of digital mobile service, as defined in this section, in the United States.

Telecoil coupling refers to a type of hearing aid compatibility where handset models couple with hearing aids through the use of telecoils. This form of compatibility can be referred to as inductive coupling.

Volume control requirements refers to the technical standard established by ANSI/TIA-5050-2018.

(b)Hearing aid compatibility; technical standards -

(1)Handset model compatibility before December 14, 2026. A handset model submitted for equipment certification or for a permissive change relating to hearing aid compatibility must meet the certification requirements of the 2019 ANSI standard, including applicable volume control requirements.

(2)Handset model compatibility on or after December 14, 2026. A handset model submitted for equipment certification or for a permissive change relating to hearing aid compatibility must meet:

(i) The 2019 ANSI standard's acoustic coupling requirements;

(ii) The 2019 ANSI standard's volume control requirements; and

(iii) Either the 2019 ANSI standard's telecoil coupling requirements or have Bluetooth coupling technology as a replacement for or in addition to meeting the standard's telecoil coupling requirements.

(iv) All such new handset models must come out-of-the-box with their hearing aid compatibility related acoustic and volume control functions turned on by default. Such handset models may also have secondary settings to turn on the handset model's telecoil or Bluetooth coupling functions, depending on the secondary capability included in a particular handset model. All such handset models must have settings for acoustic, telecoil, or Bluetooth coupling (depending on the coupling functionality included) and volume control functionality that are clearly labeled and allow consumers to easily find these settings and to turn these functions on or off as they desire.

(3)Bluetooth coupling requirements.

(i) Between December 14, 2026, and December 12, 2028, the Bluetooth coupling requirement may be met using either proprietary or non-proprietary Bluetooth coupling technology.

(ii) Beginning on December 12, 2028, the Bluetooth coupling requirement may only be met using Bluetooth coupling technology that:

(A) Utilizes a global, low power wireless technology standard for high quality audio voice streaming;

(B) Is a standalone non-proprietary implementation;

(C) Is a qualified implementation that has undergone testing to verify that the product conforms to the specifications it claims to support;

(D) Offers full interoperability between hearing aids and handset models to enable inter-network, inter-provider, inter-platform, and inter-handset manufacturer functionality; and

(E) Uses a design that meets broad, generic hearing aid requirements that addresses needed features when coupling to handset models for all forms of voice calls and associated handset model use.

(iii) As part of the statement required pursuant to § 2.1033 of this chapter, handset manufacturers shall include a sworn declaration consistent with § 1.16 of this chapter verifying:

(A) The specific Bluetooth coupling standard included in each handset model to be marketed under the requested equipment authorization;

(B) That each handset model has been tested to ensure compliance with the relevant designated Bluetooth coupling standard; and

(C) Beginning on December 12, 2028, that the included Bluetooth coupling standard meets the definition of hearing aid-compatible in paragraph (a) of this section and the related Bluetooth functionality requirements of paragraph (b)(3)(ii) of this section.

(4)Handset models operating over multiple frequency bands or air interfaces.

(i) Between December 12, 2024, and December 14, 2026, a handset model is hearing aid-compatible if it meets the requirements of paragraph (b)(1) of this section for all frequency bands that are specified in the 2019 ANSI standard and all air interfaces over which it operates on those frequency bands, and the handset model has been certified as compliant with the test requirements for the 2019 ANSI standard pursuant to § 2.1033(d) of this chapter.

(ii) Beginning on December 14, 2026, a handset model is hearing aid-compatible if it meets the requirements of paragraph (b)(2) of this section for all frequency bands that are specified in the 2019 ANSI standard and all air interfaces over which it operates on those frequency bands, and:

(A) The handset model has been certified as compliant with the test requirements for the 2019 ANSI standard (including the telecoil requirements) pursuant to § 2.1033(d) of this chapter; or

(B) The handset model has been certified as compliant with the test requirements for the 2019 ANSI standard (except for the telecoil requirements) pursuant to § 2.1033(d) of this chapter and meets the Bluetooth coupling requirements of this paragraph (b) and paragraph (c) of this section.

(5)Non-hearing aid-compatible handset models. Beginning on December 14, 2026, any non-hearing aid-compatible handset models cannot obtain a certification under part 2, subpart J, of this chapter.

(6)Software updates.

(i) Handset models certified as hearing aid-compatible may not be modified through a software push that results in the handset model no longer meeting hearing aid compatibility certification standards. In addition, a handset model's conversational gain may not be lowered through a software push, unless the impact on the conversational gain of a handset model is de minimis. The Commission delegates to the Wireless Telecommunications Bureau, in coordination with the Office of Engineering and Technology, authority to define the scope of the de minimis exception, as needed.

(ii) Consumers must be notified prior to installing a software push if the software push will install new operations or bands that are not covered by the applicable hearing aid compatibility certification standards and, therefore, these new operations or bands will not meet hearing aid compatibility certification requirements.

(7)Factual questions. All factual questions of whether a handset meets the technical standard(s) of this paragraph (b) shall be referred for resolution to the Chief, Office of Engineering and Technology, Federal Communications Commission, 45 L Street NE, Washington, DC 20554.

(8)Grandfathered handset model. A handset model certified under any version of Commission authorized technical standards prior to December 13, 2024, may continue to be offered for sale or use, as long as the Commission permits the handset model to continue to be offered for sale or use.

(c)Phase-in of hearing aid-compatibility requirements. The following applies to each handset manufacturer and service provider that offers handset models for sale or use in the United States that are used to deliver digital mobile services as specified in paragraph (a) of this section.

(1)Handset manufacturers-Number of hearing aid-compatible handset models offered for sale or use in the United States prior to December 14, 2026. At least eight-five (85) percent of those handset models (rounded down to the nearest whole number) must be hearing aid-compatible as defined under paragraph (b)(1) of this section.

(2)Handset manufacturers - Number of hearing aid-compatible handset models offered for sale or use in the United States after December 14, 2026. All handset models shall meet the following hearing aid compatibility requirements:

(i) One hundred (100) percent of these handset models must meet the 2019 ANSI standard's acoustic coupling requirements or have been certified as meeting the M3 acoustic rating under a previous ANSI standard;

(ii) At least eighty-five (85) percent of those handset models (rounded down to the nearest whole number) must meet the 2019 ANSI standard's telecoil coupling requirements or have been certified as meeting the T3 telecoil rating under a previous ANSI standard;

(iii) At least fifteen (15) percent of those handset models (rounded up to the nearest whole number) must have Bluetooth coupling technology consistent with paragraphs (a) and (b)(3) of this section as a replacement for or in addition to meeting the 2019 ANSI standard's telecoil coupling requirements or the T3 telecoil rating under a previous ANSI standards;

(iv) One hundred (100) percent of these handset models must meet at least two forms of coupling. Specifically, all handsets must:

(A) Meet the acoustic coupling requirement, as specified in paragraph (c)(2)(i) of this section, and meet the telecoil requirement, as specified in paragraph (c)(2)(ii) of this section; or

(B) Meet the acoustic coupling requirement, as specified in paragraph (c)(2)(i) of this section, and have Bluetooth coupling technology, as specified in paragraph (c)(2)(iii) of this section; and

(v) All new handset models that a handset manufacturer adds to its handset model portfolio must meet the 2019 ANSI Standard's volume control requirements.

(3)Nationwide service providers-Number of hearing aid-compatible handsets models offered prior to June 14, 2027. At least eight-five (85) percent of those handset models (rounded down to the nearest whole number) must be hearing aid-compatible as defined under paragraph (b)(1) of this section.

(4)Nationwide service providers-Number of hearing aid-compatible handset models offered after June 14, 2027. All handset models that nationwide service providers offer and add to their handset model portfolios must meet the same requirements that handset manufacturer handset models must meet as set forth in paragraph (c)(2) of this section.

(5)Non-nationwide service providers-Number of hearing aid-compatible handsets models offered prior to June 12, 2028. At least eight-five (85) percent of those handset models (rounded down to the nearest whole number) must be hearing aid-compatible as defined under paragraph (b)(1) of this section.

(6)Non-nationwide service providers-Number of hearing aid-compatible handset models offered after June 12, 2028. All handset models that non-nationwide service providers offer and add to their handset model portfolios must meet the same requirements that handset manufacturer handset models must meet as set forth in paragraph (c)(2) of this section.

(7)Availability and in-store testing of hearing aid-compatible handset models. All handset manufacturers and service providers must make their best efforts to make available all hearing aid-compatible handset models that they offer for sale or use to consumers to test, in each retail store owned or operated by the handset manufacturer or service provider. If a handset model is not available in-store for testing, handset manufacturers and service providers must make their best efforts to make the handset model available to the consumer for testing within 48 hours by shipping the handset model either to the store or to the consumer's home. Further, handset manufacturers and service providers must make their best efforts to ensure that all of the hearing aid-compatible handset models that they offer for sale or use will be in the hands of consumers within 48 hours of the consumer ordering the hearing aid-compatible handset model.

(d) [Reserved]

(e)De minimis exception.

(1)

(i) Manufacturers or service providers that offer two or fewer handsets in an air interface in the United States are exempt from the requirements of this section in connection with that air interface, except with regard to the reporting and certification requirements in paragraph (i) of this section. Service providers that obtain handsets only from manufacturers that offer two or fewer handset models in an air interface in the United States are likewise exempt from the requirements of this section other than paragraph (i) of this section in connection with that air interface.

(ii) Notwithstanding paragraph (e)(1)(i) of this section, manufacturers that have had more than 750 employees for at least two years and service providers that have had more than 1500 employees for at least two years, and that have been offering handsets over an air interface for at least two years, that offer one or two handsets in that air interface in the United States must offer at least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers that obtain handsets only from manufacturers that offer one or two handset models in an air interface in the United States, and that have had more than 750 employees for at least two years and have offered handsets over that air interface for at least two years, are required to offer at least one handset model in that air interface that is hearing aid-compatible under paragraph (b) of this section. For purposes of this paragraph (e)(1)(ii), employees of a parent, subsidiary, or affiliate company under common ownership or control with a manufacturer or service provider are considered employees of the manufacturer or service provider. Manufacturers and service providers covered by this paragraph (e)(1)(ii) must also comply with all other requirements of this section.

(2) Manufacturers or service providers that offer three handset models in an air interface must offer at least one handset model that is hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers that obtain handsets only from manufacturers that offer three handset models in an air interface in the United States are required to offer at least one handset model in that air interface that is hearing aid-compatible under paragraph (b) of this section.

(3) Manufacturers that offer four or five handset models in an air interface must offer at least two handset models that are hearing aid-compatible under paragraph (b) of this section in that air interface. Tier I carriers who offer four handset models in an air interface must offer at least two handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface and Tier I carriers who offer five handset models in an air interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface. Service providers, other than Tier I carriers, who offer four handset models in an air interface must offer at least two handset models that are hearing aid-compatible under paragraph (b) of this section in that air interface and service providers, other than Tier I carriers, who offer five handset models in an air interface must offer at least three handsets that are hearing aid-compatible under paragraph (b) of this section in that air interface.

(4) Beginning December 14, 2026, handset manufacturers may no longer claim de minimis status under the terms of this section. Beginning June 14, 2027, nationwide service providers may no longer claim de minimis status under the terms of this section. Beginning June 12, 2028, non-nationwide service providers may no longer claim de minimis status under the terms of this section.

(f)Labeling and disclosure requirements for hearing aid-compatible handset models -

(1)External printed package label. For all handset models certified as hearing aid-compatible, handset manufacturers and service providers shall ensure that the handset model has an external printed package label that clearly and legibly provides in plain language the following information:

(i) That the handset model is certified as hearing aid-compatible;

(ii) Whether or not the handset model meets telecoil or Bluetooth coupling requirements or both requirements and, in the case of Bluetooth coupling requirements, which Bluetooth coupling standard the handset model includes; and

(ii) The handset model's actual conversational gain with and without hearing aids, if certified under the 2019 ANSI standard, with the actual conversational gain that is displayed being the lowest rating assigned to the handset model for any covered air interface or frequency band.

(2)Internal printed package insert or printed handset manual. For all handset models certified to be hearing aid-compatible, handset manufacturers and service providers shall ensure that included within the handset model's packaging is either a printed package insert or a printed handset manual that provides the following information in a clear and legible format using plain language:

(i) An explanation of what it means that the handset model is certified as hearing aid-compatible and which ANSI standard was used for certification purposes;

(ii) An explanation of what acoustic, telecoil, and Bluetooth coupling are and which of these coupling capabilities the handset model includes and, in the case of Bluetooth coupling, which Bluetooth coupling standard the handset model includes;

(iii) If the handset model was certified under the 2019 ANSI standard, an explanation of the handset model's volume control capabilities, an affirmative statement of the handset model's conversational gain with and without hearing aids, and an explanation of how to turn the handset model's volume control capabilities on and off;

(iv) An explanation of how to turn each of the handset model's coupling functions on and off and an explanation that by default the handset model comes with its acoustic and volume control functions turned on; and

(v) If the handset model has been certified as hearing aid-compatible under special testing circumstances or contains operations or frequency bands that are not certified as hearing aid-compatible, an explanation of how this affects the handset model's operations. Under these circumstances, the included printed package insert or printed handset manual must include the following disclosure statement:

This phone has been tested and certified for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the handset manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer.

(3)Use of digital labeling technology.

(i) External printed package labels must be printed and affixed to the outside of the handset model's packaging and contain the information required by paragraph (f)(1) of this section. This information may not be delivered to consumers through the use of digital labeling technology.

(ii) The information required by paragraph (f)(2) of this section may be delivered to consumers using digital labeling technology, as an alternative to including an internal printed package insert or printed handset manual as long as the handset manufacturer or service provider choosing this option maintains a publicly accessible website where consumers can easily locate the information required by paragraph (f)(2). Handset manufacturers and service providers choosing this option must provide consumers with both a Quick-Response (QR) code and the related website address where the information required by paragraph (f)(2) can be found. The required information must be presented in a straight-forward fashion using plain language that is easy for consumers to understand. Handset manufacturers and service providers choosing this option must update this information within 30 days of any relevant changes, and they must ensure that they are in full compliance with the website posting requirements of paragraph (h) of this section.

(g)Handset model number designation requirements. Where a handset manufacturer or service provider makes a physical change to a handset model, the handset model must be given a model number designation distinct from that of the handset model prior to its alteration. A physical change to a handset model is defined as changes to the handset model's hardware or software that causes a variation in the form, features, or capabilities of the handset model as compared to the handset model prior to these alterations.

(1) Handset models recertified as hearing aid-compatible under updated certification standards are not required to be assigned a new model number designation unless the handset model has been physically changed, as defined in this paragraph (g), to meet the requirements of the updated certification standard. Handset models being recertified as hearing aid-compatible under updated certification standards must meet all aspects of the updated certification standard. Handset models being recertified as hearing aid-compatible may not be recertified as hearing aid-compatible using parts of two different ANSI standards or distinct certification standards.

(2) Handset manufacturers may assign new handset model number designations to handset models recertified as hearing aid-compatible under updated certification standards that have not undergone any physical changes, as defined in this paragraph (g), if the handset manufacturer chooses to for its own reasons. Under these circumstances, handset manufacturers and service providers shall not count the handset model more than once for purposes of meeting handset model deployment benchmark requirements regardless of the number of handset model number designations that the handset model has been assigned.

(3) Handset models recertified as hearing aid-compatible under updated certification standards must have the labeling, disclosure, and website posting information related to the handset model updated within 30 days of the updated certification. These updates must indicate that the handset model has been recertified under updated certification standards and explain how this updated certification affects the handset model's operations. These updates must be made regardless of whether the handset model was physically altered to meet the requirements of the updated certification standard.

(h)website posting requirements.

(1) Each handset manufacturer and service provider that maintains a publicly accessible website must make available on its website:

(i) A list of all currently offered handset models, including each model's marketing name/number(s) and the FCC ID number, along with the ANSI standard used to certify the handset model as hearing aid-compatible;

(ii) For each handset model, an affirmative statement of whether or not the handset model meets telecoil certification requirements;

(iii) For each handset model, an affirmative statement of whether or not the handset model includes Bluetooth coupling technology and, if so, which Bluetooth coupling technology the handset model includes;

(iv) For each handset model certified under the 2019 ANSI standard, an affirmative statement of the handset model's conversational gain with and without hearing aids with the actual conversational gain that is displayed being the lowest rating assigned to the handset model for any covered air interface or frequency band;

(v) If a handset model has been certified as hearing aid-compatible under special testing circumstances or contains operations or frequency bands that are not certified as hearing aid-compatible, an explanation of how this affects the handset model's operations; and

(vi) A link to the Commission's wireless hearing aid compatibility web page.

(2) Each handset manufacturer and service provider that maintains a publicly accessible website must post to their websites the name of a department or a division within the company that is staffed with knowledgeable employees who can answer consumer questions about the hearing aid compatibility of the handset models that the company offers and related coupling questions. Along with posting the information required by paragraph (h)(1) of this section, handset manufacturers and service providers must post to their publicly accessible websites an email address, mailing address, text number, and a toll-free number that consumers can use to contact the knowledgeable company employees. These employees shall respond to consumer inquires in a fashion consistent with good business practices.

(3) The information on handset manufacturer and service provider publicly accessible websites must be presented in a straightforward fashion using plain language that is easy for consumers to understand. In addition, this information must be updated within 30 days of any relevant changes, and web pages must include a date stamp allowing consumers to understand how recent the information is that they are viewing.

(i)Reporting requirements -

(1)Reporting and certification dates. Service providers shall submit Form 855 certifications on their compliance with the requirements of this section by January 31 of each year. Manufacturers shall submit Form 655 reports on their compliance with the requirements of this section by July 31 of each year. Information in each certification and report must be up-to-date as of the last day of the calendar month preceding the due date of each certification and report.

(2)Content of service provider certifications. Certifications filed by service providers must include:

(i) The name of the signing executive and contact information;

(ii) The company(ies) covered by the certification;

(iii) The FCC Registration Number (FRN);

(iv) If the service provider is subject to paragraph (h) of this section, the website address of the page(s) containing the required information regarding handset models;

(v) The percentage of handsets offered that are hearing aid-compatible (providers will derive this percentage by determining the number of hearing aid-compatible handsets offered across all air interfaces during the year divided by the total number of handsets offered during the year); and

(vi) The following language:

I am a knowledgeable executive [of company x] regarding compliance with the Federal Communications Commission's wireless hearing aid compatibility requirements at a wireless service provider covered by those requirements.

I certify that the provider was [(in full compliance/not in full compliance)] [choose one] at all times during the applicable time period with the Commission's wireless hearing aid compatibility deployment benchmarks and all other relevant wireless hearing aid compatibility requirements.

The company represents and warrants, and I certify by this declaration under penalty of perjury pursuant to 47 CFR 1.16 that the above certification is consistent with 47 CFR 1.17 , which requires truthful and accurate statements to the Commission. The company also acknowledges that false statements and misrepresentations to the Commission are punishable under Title 18 of the U.S. Code and may subject it to enforcement action pursuant to Sections 501 and 503 of the Act.

(vii) If the company selected that it was not in full compliance with this section, an explanation of which wireless hearing aid compatibility requirements it was not in compliance with, when the non-compliance began and (if applicable) ended with respect to each requirement.

(3)Content of manufacturer reports. Reports filed by manufacturers must include:

(i) Handset models tested, since the most recent report, for compliance with the applicable hearing aid compatibility technical ratings, if applicable;

(ii) Compliant handset models offered to service providers since the most recent report, identifying each model by marketing model name/number(s) and FCC ID number;

(iii) For each compliant model, the air interface(s) and frequency band(s) over which it operates, the hearing aid compatibility ratings for each frequency band and air interface under the ANSI standard (if applicable), the ANSI standard version used, and the months in which the model was available to service providers since the most recent report;

(iv) Non-compliant models offered to service providers since the most recent report, identifying each model by marketing model name/number(s) and FCC ID number;

(v) For each non-compliant model, the air interface(s) over which it operates and the months in which the model was available to service providers since the most recent report;

(vi) Total numbers of compliant and non-compliant models offered to service providers for each air interface as of the time of the report;

(vii) Any instance, as of the date of the report or since the most recent report, in which multiple compliant or non-compliant devices were marketed under separate model name/numbers but constitute a single model for purposes of the hearing aid compatibility rules, identifying each device by marketing model name/number and FCC ID number;

(viii) Status of product labeling;

(ix) Outreach efforts; and

(x) If the manufacturer maintains a public website, the website address of the page(s) containing the information regarding hearing aid-compatible handset models required by paragraph (h) of this section.

(4)FCC Form 855 certification filing requirements. After December 14, 2026, handset manufacturers shall file FCC Form 855 rather than FCC Form 655 to certify their compliance with the requirements of this section. After December 14, 2026, service providers shall continue to file FCC Form 855 to certify their compliance with the requirements of this section. Handset manufacturers and service providers shall file FCC Form 855 by January 31 of each year and the certification shall cover the previous calendar year from January 1 through December 31. Each certification shall be accurate and provide information that can be verified by the filer's publicly accessible website or, if the filer does not maintain a publicly accessible website, the filer must include an attachment with its certification which contains the information required by paragraph (h)(1) of this section.

(5)FCC Form 855 certification content. The FCC Form 855 that handset manufacturers file, nationwide service providers file after June 14, 2027, and non-nationwide service providers file after June 12, 2028, must include the following information:

(i) An affirmative statement as to whether the filer is a handset manufacturer, a nationwide service provider, or a non-nationwide service provider;

(ii) In the case of a handset manufacturer, an affirmative statement as to whether the filer ceased offering handset models during the reporting period or, in the case of a service provider, the filer ceased offering wireless service during the reporting period;

(iii) An affirmative statement that the filer did not offer for sale or use in the United States non-hearing aid-compatible handset models for the reporting period as required by paragraph (c)(2), (4), or (6) of this section, as applicable to the filer;

(iv) The total number of hearing aid-compatible handset models the filer offered for sale or use in the United States for the reporting period;

(v) The number of these handset models that met applicable telecoil requirements;

(vi) The number of these handset models that met the applicable Bluetooth coupling requirement and a statement as to whether the Bluetooth coupling technology was a proprietary or non-proprietary implementation, the name of the Bluetooth coupling technology, and a statement as to whether the Bluetooth technology met the requirements of paragraph (b)(3)(ii) of this section;

(vii) An affirmative statement that all new handset models added during the reporting period met volume control certification requirements as required by paragraph (c)(2), (4), or (6) of this section, as applicable to the filer;

(viii) An affirmative statement that the filer was in full compliance with the labeling and disclosure requirements in paragraph (f) of this section;

(ix) A statement as to whether the filer used digital labeling technology to deliver to consumers the information required by paragraph (f)(2) of this section, as an alternative to including a printed insert or printed handset manual;

(x) If the filer maintains a publicly accessible website, the filer must include a link to the website showing compliance with paragraph (h) of this section or, if the filer does not maintain a publicly accessible website, an affirmative statement that the filer does not maintain a publicly accessible website and has included an attachment with its filing showing the information required by paragraph (h)(1) of this section;

(xi) The name of the signing executive and contact information;

(xii) The company(ies) covered by the certification;

(xiii) The FRN; and

(xiv) The following language:

I am a knowledgeable executive of [company x] regarding compliance with the Federal Communications Commission's wireless hearing aid compatibility requirements as a company covered by those requirements.

I certify that the company was [(in full compliance/not in full compliance)] [choose one] at all times during the applicable reporting period with the Commission's wireless hearing aid compatibility deployment benchmarks and all other relevant wireless hearing aid compatibility requirements.

(xv) If the company selected that it was not in full compliance with this section, an explanation of which wireless hearing aid compatibility requirements it was not in compliance with, when the non-compliance began and (if applicable) ended with respect to each requirement.

(6)Form and content requirements. The Wireless Telecommunications Bureau is delegated authority to approve or prescribe forms, formats, and methods for submission of the reports and certifications in addition to or instead of those required by this section. Further, the Bureau is delegated authority to revise the information that these reports and certifications collect as long as these revisions are consistent with the rules in this section and do not impose additional obligations beyond providing the information that these reports and certifications collect. Any format or content changes the Bureau adopts will be made available on the Bureau's website.

(j)Enforcement. Enforcement of this section is hereby delegated to those states that 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 six (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.

(k)Delegation of rulemaking authority.

(1) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority to issue, consistent with any applicable requirements of 5 U.S.C. 553 , an order amending this section to the extent necessary to adopt technical standards for additional frequency bands and/or air interfaces upon the establishment of such standards by ANSI Accredited Standards Committee C63®, provided that the standards do not impose with respect to such frequency bands or air interfaces materially greater obligations than those imposed on other services subject to this section. Any new obligations on manufacturers and Tier I carriers pursuant to paragraphs (c) through (i) of this section as a result of such standards shall become effective no less than one year after release of the order adopting such standards and any new obligations on other service providers shall become effective no less than 15 months after the release of such order, except that any new obligations on manufacturers and service providers subject to paragraph (e)(1)(ii) of this section shall become effective no less than two years after the release of such order.

(2) The Chief of the Wireless Telecommunications Bureau and the Chief of the Office of Engineering and Technology are delegated authority, by notice-and-comment rulemaking if required by statute or otherwise in the public interest, to issue an order amending this section to the extent necessary to approve any version of the technical standards for radio frequency interference, inductive coupling, or volume control adopted subsequently to the 2007 ANSI standard for use in determining whether a wireless handset meets the appropriate rating over frequency bands and air interfaces for which technical standards have previously been adopted either by the Commission or pursuant to paragraph (k)(1) of this section. This delegation is limited to the approval of changes to the technical standards that do not raise major compliance issues. Further, by such approvals, the Chiefs may only permit, and not require, the use of such subsequent versions of the technical standards to establish hearing aid compatibility.

(l)Incorporation by reference. The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51 . All approved incorporation by reference (IBR) material is available for inspection at the Federal Communications Commission (FCC) and the National Archives and Records Administration (NARA). Contact the FCC through the Federal Communications Commission's Reference Information Center, phone: (202) 418-0270. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the following sources in this paragraph (l):

(1) IEEE Standards Association (IEEE-SA), 445 Hoes Lane, Piscataway, NJ 08854-4141, (732) 981-0060, stds-info@ieee.org, https://standards.ieee.org/.

(i) ANSI C63.19-2007, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved June 8, 2007.

(ii) ANSI C63.19-2011, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved May 27, 2011.

(iii) ANSI C63.19-2019, American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids, approved August 19, 2019.

(2) Telecommunications Industry Association (TIA), 1320 North Courthouse Road, Suite 200, Arlington, VA 22201, (703) 907-7700, global@ihs.com, https://global.ihs.com/csf_home.cfm?&csf=TIA.

(i) ANSI/TIA-5050-2018, Telecommunications-Communications Products-Receive Volume Control Requirements for Wireless (Mobile) Devices, approved January 17, 2018.

(ii) [Reserved]

47 C.F.R. §20.19

73 FR 25587 , May 7, 2008, as amended at 75 FR 54522 , Sept. 8, 2010; 77 FR 41928 , July 17, 2012; 81 FR 183 , Jan. 5, 2016; 81 FR 60633 , Sept. 2, 2016; 83 FR 8631 , Feb. 28, 2018; 83 FR 63105 , Dec. 7, 2018; 84 FR 37592 , Aug. 1, 2019; 86 FR 23625 , 23627, May 4, 2021; 88 FR 21439 , Apr. 10, 2023

81 FR 183 , 1/5/2016; 83 FR 8631 , 3/30/2018; 83 FR 63105 , 1/7/2019; 84 FR 37592 , 8/1/2019; 85 FR 64406 , 10/13/2020; 86 FR 23627 , 5/4/2021; 86 FR 23625 , 6/3/2021; 88 FR 21439 , 4/10/2023; 89 FR 89864 , 12/13/2024; 89 FR 89866 , effective date to be determined ; 89 FR 89868 , effective date to be determined