On October 18, 2024, the FCC unanimously adopted a Report and Order (“R&O”) that requires all wireless handset models offered for sale or use in the United States after a transition period to be fully hearing-aid compatible (“HAC”). The R&O adopts the following:
- Handset Model Deployment Benchmarks: After the transition period ends, all handset models offered for sale or use in the US must be hearing aid-compatible as defined in the draft R&O. This includes that handset manufacturers and service providers must remove all non-hearing aid-compatible handset models from their handset model portfolios without exception.
- Specifically: (1) 100% of all handset models in a portfolio must meet acoustic coupling standards; (2) 85% of those same handset models must meet telecoil coupling standards; and (3) the remaining 15% of handsets must meet the new Bluetooth coupling standards outlined in the draft R&O.
- In addition, following the transition period, all new handset models added to a portfolio must meet the 2019 ANSI Standards, including the volume control requirements. Grandfathered handsets approved under the 2011 ANSI Standards may be maintained in the portfolio until they are replaced through the natural handset model product cycle.
- In-Store Testing Requirement: Given concerns raised about the practical effect of the in-store testing requirement, the FCC modified the requirement to require manufacturers and service providers to “use best efforts” to make all of its handset models that are HAC available for in-store testing by consumers.
- If a handset model is not available for in-store testing, the manufacturer or service provider must use “best efforts” to make the model available for consumer testing within 48 hours, either by shipping the model to the store or to the consumer’s home.
- Transition periods: The FCC adopts the following transition periods to meet the 100% HAC requirement discussed above; each period will begin to run on the effective date of the adopted rule:
- Handset Manufacturers – 24 months
- Nationwide Service Providers – 30 months
- Non-Nationwide Service Providers – 42 months
- Non-Proprietary Bluetooth Standards for manufacturers and providers – 48 months
- Labeling and Website Requirements: The FCC adopts revised labeling and website requirements that conform with the new rules.
- The effective date of the revised labeling requirements will be the later of either the date the Commission publishes a notice in the Federal Register announcing the completion of OMB’s review of the requirements, or the effective date of the handset manufacturer 100% HAC requirement.
- The handset manufacturer 100% HAC requirement will be effective 25 months after a summary of the R&O is published in the Federal Register. This delayed effective date only applies to the revised rules that will be contained in 20.19(f)(1) and (2) of the Commission’s rules.
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