Establishment of regulations
The Commission shall establish such regulations as are necessary to ensure reasonable access to telephone service by persons with impaired hearing.
Hearing aid compatibility requirements
Technical standards
section 155(c) of this titleThe Commission shall establish or approve such technical standards as are required to enforce this section. A telephone or other customer premises equipment that is compliant with relevant technical standards developed through a public participation process and in consultation with interested consumer stakeholders (designated by the Commission for the purposes of this section) will be considered hearing aid compatible for purposes of this section, until such time as the Commission may determine otherwise. The Commission shall consult with the public, including people with hearing loss, in establishing or approving such technical standards. The Commission may delegate this authority to an employee pursuant to . The Commission shall remain the final arbiter as to whether the standards meet the requirements of this section.
Labeling of packaging materials for equipment
The Commission shall establish such requirements for the labeling of packaging materials for equipment as are needed to provide adequate information to consumers on the compatibility between telephones and hearing aids.
Costs and benefits; encouragement of use of currently available technology
In any rulemaking to implement the provisions of this section, the Commission shall specifically consider the costs and benefits to all telephone users, including persons with and without hearing loss. The Commission shall ensure that regulations adopted to implement this section encourage the use of currently available technology and do not discourage or impair the development of improved technology. In implementing the provisions of subsection (b)(1)(C), the Commission shall use appropriate timetables or benchmarks to the extent necessary (1) due to technical feasibility, or (2) to ensure the marketability or availability of new technologies to users.
Periodic review of regulations; retrofitting
The Commission shall periodically review the regulations established pursuant to this section. Except for coin-operated telephones and telephones provided for emergency use, the Commission may not require the retrofitting of equipment to achieve the purposes of this section.
Recovery of reasonable and prudent costs
Any common carrier or connecting carrier may provide specialized terminal equipment needed by persons whose hearing, speech, vision, or mobility is impaired. The State commission may allow the carrier to recover in its tariffs for regulated service reasonable and prudent costs not charged directly to users of such equipment.
Rule of construction
Nothing in the Twenty-First Century Communications and Video Accessibility Act of 2010 shall be construed to modify the Commission’s regulations set forth in section 20.19 of title 47 of the Code of Federal Regulations, as in effect on .
June 19, 1934, ch. 652Pub. L. 97–410, § 396 Stat. 2043Pub. L. 98–549, § 6(a)98 Stat. 2804Pub. L. 100–394, § 3102 Stat. 976Pub. L. 103–414, title III, § 304(a)(16)108 Stat. 4297Pub. L. 111–260, title I, § 102124 Stat. 2753(, title VII, § 710, formerly title VI, § 610, as added , , ; renumbered title VII, § 710, , , ; amended , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 111–260124 Stat. 2751section 609 of this titleThe Twenty-First Century Communications and Video Accessibility Act of 2010, referred to in subsec. (h), is , , , which enacted sections 615c and 616 to 620 of this title, amended sections 153, 225, 303, 330, 402, 503, 610, and 613 of this title, and enacted provisions set out as notes under sections 153, 303, 609, 613, and 619 of this title. For complete classification of this Act to the Code, see Short Title of 2010 Amendment note set out under and Tables.
Amendments
Pub. L. 111–260, § 102(a)(1)2010—Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(1) Except as provided in paragraphs (2) and (3), the Commission shall require that—
“(A) all essential telephones, and
“(B) all telephones manufactured in the United States (other than for export) more than one year after , or imported for use in the United States more than one year after ,
provide internal means for effective use with hearing aids that are designed to be compatible with telephones which meet established technical standards for hearing aid compatibility.”
Pub. L. 111–260, § 102(a)(2)(A)(i)(I)Subsec. (b)(2)(A). , in introductory provisions, struck out “initial” before “regulations” and “of this subsection after ,” before “shall exempt” and substituted “subparagraphs (B) and (C) of paragraph (1)” for “paragraph (1)(B) of this subsection”.
Pub. L. 111–260, § 102(a)(2)(A)(i)(II)Subsec. (b)(2)(A)(ii) to (iv). –(IV), inserted “and” at the end of clause (ii), redesignated cl. (iv) as (iii), and struck out former cl. (iii) which read as follows: “cordless telephones; and”.
Pub. L. 111–260, § 102(a)(2)(A)(ii)Subsec. (b)(2)(B), (C). , (iii), redesignated subpar. (C) as (B), substituted “The Commission shall periodically assess the appropriateness of continuing in effect the exemptions for telephones and other customer premises equipment described in subparagraph (A) of this paragraph.” for “The Commission shall periodically assess the appropriateness of continuing in effect the exemptions provided by such regulations for telephones used with public mobile services and telephones used with private radio services.” in introductory provisions, substituted “subparagraph (B) or (C) of paragraph (1)” for “paragraph (1)(B)” in cls. (iii) and (iv), and struck out former subpar. (B) which read as follows: “The exemption provided by such regulations for cordless telephones shall not apply with respect to cordless telephones manufactured or imported more than three years after .”
Pub. L. 111–260, § 102(a)(2)(B)Subsec. (b)(4)(B). , substituted “telephones used with public mobile” for “public mobile”, inserted “telephones and other customer premises equipment used in whole or in part with” after “means”, substituted “or other common carrier” for “and other common carrier”, struck out “part 22 of” before “title 47 of the Code of Federal Regulations”, and inserted before semicolon at end “, or any functionally equivalent unlicensed wireless services”.
Pub. L. 111–260, § 102(a)(2)(C)Subsec. (b)(4)(C). , substituted “term ‘telephones used with private radio services’ ” for “term ‘private radio services’ ” and inserted “telephones and other customer premises equipment used in whole or in part with” after “means”.
Pub. L. 111–260, § 102(b)section 155(c) of this titleSubsec. (c). , inserted at end: “A telephone or other customer premises equipment that is compliant with relevant technical standards developed through a public participation process and in consultation with interested consumer stakeholders (designated by the Commission for the purposes of this section) will be considered hearing aid compatible for purposes of this section, until such time as the Commission may determine otherwise. The Commission shall consult with the public, including people with hearing loss, in establishing or approving such technical standards. The Commission may delegate this authority to an employee pursuant to . The Commission shall remain the final arbiter as to whether the standards meet the requirements of this section.”
Pub. L. 111–260, § 102(c)Subsec. (e). , substituted “loss” for “impairments” and inserted at end “In implementing the provisions of subsection (b)(1)(C), the Commission shall use appropriate timetables or benchmarks to the extent necessary (1) due to technical feasibility, or (2) to ensure the marketability or availability of new technologies to users.”
Pub. L. 111–260, § 102(d)Subsec. (h). , amended subsec. (h) generally. Prior to amendment, subsec. (h) related to State enforcement.
Pub. L. 103–4141994—Subsec. (f). substituted “The Commission” for “The Commission shall complete rulemaking actions required by this section and issue specific and detailed rules and regulations resulting therefrom within one year after . The Commission shall complete rulemaking actions required to implement the amendments made by the Hearing Aid Compatibility Act of 1988 within nine months after . Thereafter, the Commission”.
Pub. L. 100–394, § 3(a)1988—Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Commission shall require that essential telephones provide internal means for effective use with hearing aids that are specially designed for telephone use. For purposes of this subsection, the term ‘essential telephones’ means only coin-operated telephones, telephones provided for emergency use, and other telephones frequently needed for use by persons using such hearing aids.”
Pub. L. 100–394, § 3(b)Subsec. (f). , substituted “The Commission shall complete rulemaking actions required to implement the amendments made by the Hearing Aid Compatibility Act of 1988 within nine months after . Thereafter, the Commission shall periodically review the regulations established pursuant to this section.” for “Thereafter the Commission shall periodically review such rules and regulations.”
Statutory Notes and Related Subsidiaries
Congressional Findings for 1988 Amendment
Pub. L. 100–394, § 2102 Stat. 976
Congressional Findings
Pub. L. 97–410, § 296 Stat. 2043