HWG LLP Advisory

By: Rob Carter and Julie A. Veach

On October 18, 2024, the Federal Communications Commission (“FCC”) released a Report and Order (FCC 24-112) requiring all wireless handset models to be compatible with hearing aids. The new requirements affect not only handset manufacturers but mobile service providers (including MVNOs) that offer handsets for use by consumers. The FCC created a set of transition periods to allow time for affected manufacturers and service providers to come into compliance. The new requirements are detailed—here we provide a brief overview of some of the most significant changes that affect service providers.

Compatibility Requirement. After the transition periods end, all handsets that service providers and manufacturers offer for sale or use in the United States must be certified as hearing aid compatible (“HAC”). HAC certification involves testing and compliance with compatibility standards, and handsets must comply via an integral, “internal means of compatibility,” not an add-on component that significantly alters the handset. (¶ 32) In addition, consumers must have access to the accessibility features of their handsets and instructions or other documentation on how to use those features. (¶ 36)

Bluetooth Coupling. The HAC rules specify different methods of coupling with hearing aids. Under the new rules, all handsets offered by service providers and manufacturers must support at least two coupling methods, and at least 15% of those handsets must be capable of Bluetooth coupling with hearing aids. The FCC specified requirements that manufacturers must meet and certify for Bluetooth coupling. Initially, handsets may comply via proprietary Bluetooth-based coupling technologies, but by the end of a 48-month transition period the Bluetooth technology must use a global, low power standard for high quality audio voice streaming, be a standalone non-proprietary implementation, have undergone specific testing, and meet design and interoperability requirements. (¶ 79)

Labeling and Instructions. Although these apply in the first instance to manufacturers, service providers should be aware that compliant handsets must have new disclosures on the packaging noting the compatibility and technical information. They will also have information inside the package (or available digitally using a QR code and a URL) explaining the technology and how to use it. (¶¶ 94-95, 104)

Website Postings. The FCC modified its current HAC website posting rules. Going forward, manufacturers and service providers must post (1) a list of all offered handset models, including marketing name and FCC ID and compatibility standard used for certification, (2) a statement for each model of whether the handset meets certification requirements for inductive coupling using telecoils, (3) a statement for each model of whether the handset includes Bluetooth coupling technology and, if so, which, (4) conversation gain for handsets certified under the ANSI C63.19-2019 standard, (5) whether the handset was certified under special testing circumstances or contains operations or frequency bands that are not certified as HAC, and if so an explanation, and (6) a link to the FCC’s HAC webpage. (¶ 116)

Contact Information. The revised website posting rules also require service providers and manufacturers to post (1) the name of a company department/division with employees who are knowledgeable about HAC and the handset models offered, and (2) contact information consumers can use to reach these employees, specifically including “an email address, mailing address, text number, and a toll free number.” (¶ 142)

Reporting. The FCC modified the requirements of Form 855, which service providers must file annually, to include information that reflects the new requirements.

Compliance Deadlines. The new rules regarding compatibility will become effective 30 days after the FCC publishes them in the Federal Register. The rules regarding labeling, instructions, website postings, and reporting will become effective at a later date, after they are approved by the Office of Management and Budget under the Paperwork Reduction Act. Starting from the effective date, parties have the following compliance deadlines for meeting the 100% hearing aid compatibility requirement:

  • Manufacturers have 24 months to ensure that all handsets meet the hearing aid compatibility requirements.
  • Nationwide service providers have 30 months to ensure that all handsets they offer to consumers meet the new requirements.
  • Non-nationwide service providers have 42 months to ensure that all handsets they offer to consumers meet the new requirements.
  • After 48 months, manufacturers and all service providers will not be permitted to satisfy the requirement to offer 15% of handsets with Bluetooth coupling by using a proprietary Bluetooth coupling technology; only non-proprietary Bluetooth coupling technology will comply with the 15% Bluetooth coupling requirement. (¶¶ 68, 73)

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HWG LLP’s cross-disciplinary telecommunications practice advises clients on federal and state legislative and regulatory proceedings, company compliance, and related litigation matters. Please contact Rob Carter (rcarter@hwglaw.com) or Julie A. Veach (jveach@hwglaw.com) for more information.

This advisory is not intended to convey legal advice. It is circulated publicly as a convenience and does not reflect or create an attorney-client relationship.