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IP: NPRM Explores Wireless Hearing-Aid Compatibility


From: David Farber <dave () farber net>
Date: Thu, 15 Nov 2001 15:46:24 -0500


From: Dewayne Hendricks <dewayne () warpspeed com>
NPRM Explores Wireless Hearing-Aid Compatibility

Summary:

FCC commissioners voted to launch a NPRM to explore the issue of hearing-aid compatibility for wireless phones, mirroring what already is in place for landline units. Compatibility exemptions haven't been reviewed for 12 years, and at least one commissioner chided the agency for not following its own five-year guidelines for review. "Wireless telephony -- inaccessible to many people with hearing loss -- continues to grow in importance, providing an essential means for connecting employees, friends, and family members," says Commissioner Kathleen Abernathy. Added Commissioner Michael Copps, "History has shown that incorporating accessibility at the design stage makes good business sense. Industry benefits greatly by making products and services accessible to the broadest range of users."

Full Article:

Commissioner Kathleen Abernathy: Review of Exemptions 'Long Overdue'

I write to give my strong support for today's Notice. It is past time that we evaluate whether it is appropriate to uphold hearing aid compatibility exemptions for public mobile services. Not only is hearing aid accessibility an important issue for many members of the American public, but review of these exemptions is long overdue.

There are more than 28 million Americans with hearing loss. We can only expect that number to increase in future years, because of noise exposure and people living longer lives.1 Thirty percent of people between the age of 65 and 74 experience difficulty hearing.

Moreover, wireless telephony - inaccessible to many people with hearing loss - continues to grow in importance, providing an essential means for connecting employees, friends, and family members. Today roughly 124 million Americans use wireless telephones.

Unfortunately, despite countless advances in wireless telephony technology over the past decade, the FCC failed to review mobile services' ability to provide access to Americans with hearing loss. Indeed, it has been twelve years since the Commission has looked at hearing aid accessibility exemptions. This failure to act conflicts with our statutory obligations. Congress, in the Hearing Aid Compatibility Act, mandated that "the Commission shall periodically assess" whether or not it should continue the exemptions.3 It is unlikely that Congress contemplated a 12-year period between assessments. I am disappointed by the fact that over the past decade time and resources were devoted to many discretionary proceedings, while Congress's mandate for a review of hearing aid accessibility exemptions went unanswered.

A critical statutory policy goal is at issue here. Congress provides a clear guide for the Commission's priorities: "a provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable."4 Congress laid out a policy map for the FCC, yet we have failed to follow the legislators' explicit directives.

Just as troubling is the fact that the Commission ignored its own guidelines. In 1989, the FCC declared that, regardless of technological developments, it would review hearing aid access exemptions at least once every five years.5 Thus, even by our own timetable today's review comes seven years late. Failing to live up to our own commitments undermines our credibility and effectiveness.

I am, therefore, pleased to vote in favor of this Notice of Proposed Rulemaking, and I look forward to a full record on hearing aid compatibility - and a prompt decision by the Commission.

Related Story:

Commissioner Michael Copps: Phones Must be 'Accessible'

I support the Notice of Proposed Rulemaking.

It is our challenge and responsibility to harness the power of technology for the benefit of all Americans. Congress has told us that we must make communications technologies accessible by people with disabilities. The digital tools of the Information Age are the keys to unlocking the doors of opportunity. We must make sure that those doors are open -- and remain open -- for all Americans, and not locked shut for some, as, unfortunately, they are today in many cases. My goal as an FCC Commissioner is to help bring the best, most accessible, and cost-effective telecommunications system in the world to our people - and I mean all of our people. Each and every American should have access to the wonders of telecommunications.

As we begin this proceeding on hearing aid compatible wireless telephones I want to highlight the strides that the Commission made before I arrived:

* The Commission wrote new rules to ensure that communications products and services are accessible to those with disabilities, as Congress directed, in Section 255. * The Commission overhauled and updated our Telecommunications Relay Services (TRS) rules to provide for faster, more effective relay services. * The Commission also established 711 for relay services so that consumers will no longer need to remember different TRS numbers and TRS users will be able to put one number on their business cards, thereby making it easier for people to call them. The Commission recently put this into effect. * The Commission took action on captioning to ensure that everyone has access to televised information, including, most importantly, warnings about emergency situations.

Now our new Commission has taken the first step to addressing compatibility problems between wireless phones and hearing aids. As we move forward with this NPRM, I want to recognize the commitment of the wireless industry to serving people with disabilities. Working closely with both manufacturers, service providers, and organizations that represent people with hearing loss will be critical as we move toward an Order. Business plays a critical role by innovating and investing in ways that can make products accessible. History has shown that incorporating accessibility at the design stage makes good business sense. Industry benefits greatly by making products and services accessible to the broadest range of users.

Businesses have committed themselves to this task. A few months ago, over forty chief executives of high-tech and telecommunications companies pledged to develop and market products and services that are accessible to those with disabilities. I commend these companies and urge others to join their efforts to remove barriers to opportunity. We should all work together on this important matter.

The Commission has taken a positive step today, but it is only a beginning. We have so far to go. We must continue to do what we can to ensure that Americans with disabilities are not left behind, as has happened too often in the past. I commend the Wireless Bureau staff for their hard work on this item and hope that we can issue an Order quickly.



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