§ 20.19   Hearing aid-compatible mobile handsets.

   (a) Scope of section; definitions—(1) Service providers. (i) On or
   after January 1, 2018 for Tier I carriers and April 1, 2018 for service
   providers other than Tier I carriers, the hearing aid compatibility
   requirements of this section apply to providers of digital mobile
   service in the United States to the extent that they offer 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 VoIP services, and
   such service is provided over frequencies in the 698 MHz to 6 GHz
   bands.

   (ii) Prior to January 1, 2018 for Tier I carriers and April 1, 2018 for
   service providers other than Tier I carriers, the hearing aid
   compatibility requirements of this section apply to providers of
   digital CMRS in the United States to the extent that they offer
   real-time, two-way switched voice or data service that is
   interconnected with the public switched network and utilizes an
   in-network switching facility that enables the provider to reuse
   frequencies and accomplish seamless hand-offs of subscriber calls, and
   such service is provided over frequencies in the 698 MHz to 6 GHz
   bands.

   (2) Manufacturers. On or after January 1, 2018, the requirements of
   this section also apply to the manufacturers of the wireless handsets
   that are used in delivery of the services specified in paragraph
   (a)(1)(i) of this section. Prior to January 1, 2018, the requirements
   of this section also apply to the manufacturers of the wireless
   handsets that are used in delivery of the services specified in
   paragraph (a)(1)(ii) of this section.

   (3) Definitions. For purposes of this section:

   (i) Handset refers to a device used in delivery of the services
   specified in paragraph (a)(1) of this section that contains a built-in
   speaker and is typically held to the ear in any of its ordinary uses.

   (ii) Manufacturer refers to a wireless handset manufacturer to which
   the requirements of this section apply.

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

   (iv) Service provider refers to a provider of digital mobile service to
   which the requirements of this section apply.

   (v) Tier I carrier refers to a CMRS provider that offers such service
   nationwide.

   (b) Hearing aid compatibility; technical standards—(1) For radio
   frequency interference and volume control. A wireless handset submitted
   for equipment certification or for a permissive change relating to
   hearing aid compatibility on or after August 28, 2018, must meet, at a
   minimum, the M3 rating associated with the technical standard set forth
   in the standard document “American National Standard Methods of
   Measurement of Compatibility Between Wireless Communication Devices and
   Hearing Aids,” ANSI C63.19-2011. Any grants of certification issued
   before August 28, 2018, under ANSI C63.19-2011, or previous versions of
   ANSI C63.19, remain valid for hearing aid compatibility purposes.
   Beginning March 1, 2021, a wireless handset submitted for equipment
   certification or for a permissive change relating to hearing aid
   compatibility must also be equipped with volume control that produces
   sound levels suitable for persons with hearing loss (including persons
   with and without hearing aids). Any grants of certification issued to
   handsets not equipped with such volume control that were submitted for
   certification before March 1, 2021, remain valid for hearing aid
   compatibility purposes.

   (2) For inductive coupling. A wireless handset submitted for equipment
   certification or for a permissive change relating to hearing aid
   compatibility on or after August 28, 2018, must meet, at a minimum, the
   T3 rating associated with the technical standard set forth in the
   standard document “American National Standard Methods of Measurement of
   Compatibility Between Wireless Communication Devices and Hearing Aids,”
   ANSI C63.19-2011. Any grants of certification issued for handsets
   submitted for such certification before August 28, 2018, under ANSI
   C63.19-2011, or previous versions of ANSI C63.19, remain valid for
   hearing aid compatibility purposes.

   (3) Handsets operating over multiple frequency bands or air interfaces.
   (i) Except as provided in paragraph (b)(3)(ii) of this section, a
   wireless handset used for digital mobile service only over the 698 MHz
   to 6 GHz frequency bands is hearing aid-compatible with regard to radio
   frequency interference or inductive coupling if it meets the applicable
   technical standard set forth in paragraph (b)(1) or (b)(2) of this
   section for all frequency bands and air interfaces over which it
   operates, and the handset has been certified as compliant with the test
   requirements for the applicable standard pursuant to § 2.1033(d) of this
   chapter. A wireless handset that incorporates operations outside the
   698 MHz to 6 GHz frequency bands is hearing aid-compatible if the
   handset otherwise satisfies the requirements of this paragraph (b).

   (ii) A handset that is introduced by the manufacturer prior to July 17,
   2013, and that does not meet the requirements for hearing aid
   compatibility under paragraph (b)(3)(i) of this section, is hearing
   aid-compatible for radio frequency interference or inductive coupling
   only with respect to those frequency bands and air interfaces for which
   technical standards are stated in ANSI C63.19-2007 if it meets, at a
   minimum, an M3 rating (for radio frequency interference) or a T3 rating
   (for inductive coupling) under ANSI C63.19-2007 for all such frequency
   bands and air interfaces over which it operates, and the handset has
   been certified as compliant with the test requirements for the
   applicable standard pursuant to § 2.1033(d) of this chapter.

   (4) All factual questions of whether a wireless handset meets the
   technical standard(s) of this paragraph shall be referred for
   resolution to the Chief, Office of Engineering and Technology, Federal
   Communications Commission, 445 12th Street, SW., Washington, DC 20554.

   (c) Phase-in of requirements relating to radio frequency interference.
   The following applies to each manufacturer and service provider that
   offers wireless handsets used in the delivery of the services specified
   in paragraph (a) of this section and that does not fall within the de
   minimis exception set forth in paragraph (e) of this section. However,
   prior to July 17, 2014 for manufacturers and Tier I carriers and
   October 17, 2014 for service providers other than Tier I carriers, the
   requirements of this section do not apply to handset operations over
   frequency bands and air interfaces for which technical standards are
   not stated in ANSI C63.19-2007.

   (1) Manufacturers—(i) Number of hearing aid-compatible handset models
   offered. For each digital air interface for which it offers wireless
   handsets in the United States or imported for use in the United States,
   each manufacturer of wireless handsets must offer handset models that
   comply with paragraph (b)(1) of this section. Prior to September 8,
   2011, handset models for purposes of this paragraph include only models
   offered to service providers in the United States.

   (A) If it offers four to six models, at least two of those handset
   models must comply with the requirements set forth in paragraph (b)(1)
   of this section.

   (B) If it offers more than six models, at least one-third of those
   handset models (rounded down to the nearest whole number) must comply
   with the requirements set forth in paragraph (b)(1) of this section.

   (C) Beginning October 3, 2018, at least sixty-six (66) percent of those
   handset models (rounded down to the nearest whole number) must comply
   with the requirements set forth in paragraphs (b)(1) and (2) of this
   section.

   (D) Beginning October 4, 2021, at least eighty-five (85) percent of
   those handset models (rounded down to the nearest whole number) must
   comply with the requirements set forth in paragraphs (b)(1) and (2) of
   this section.

   (ii) Refresh requirement. Beginning in calendar year 2009, and for each
   year thereafter that it elects to produce a new model, each
   manufacturer that offers any new model for a particular air interface
   during the calendar year must “refresh” its offerings of hearing
   aid-compatible handset models by offering a mix of new and existing
   models that comply with paragraph (b)(1) of this section according to
   the following requirements:

   (A) For manufacturers that offer three models per air interface, at
   least one new model rated M3 or higher shall be introduced every other
   calendar year.

   (B) For manufacturers that offer four or more models operating over a
   particular air interface, the number of models rated M3 or higher that
   must be new models introduced during that calendar year is equal to
   one-half of the minimum number of models rated M3 or higher required
   for that air interface (rounded up to the nearest whole number).

   (C) Beginning September 10, 2012, for manufacturers that together with
   their parent, subsidiary, or affiliate companies under common ownership
   or control, have had more than 750 employees for at least two years and
   that offer two models over an air interface for which they have been
   offering handsets for at least two years, at least one new model rated
   M3 or higher shall be introduced every other calendar year.

   (2) Tier I carriers. For each digital air interface for which it offers
   wireless handsets to customers, each Tier I carrier must either:

   (i) Ensure that at least fifty (50) percent of the handset models it
   offers comply with paragraph (b)(1) of this section, calculated based
   on the total number of unique digital wireless handset models the
   carrier offers nationwide; or

   (ii) Ensure that it offers, at a minimum, the following specified
   number of handset models that comply with paragraph (b)(1) of this
   section:

   (A) Prior to February 15, 2009, at least eight (8) handset models;

   (B) Beginning February 15, 2009, at least nine (9) handset models; and

   (C) Beginning February 15, 2010, at least ten (10) handset models.

   (iii) Beginning April 3, 2019, each Tier I carrier must ensure that at
   least sixty-six (66) percent of the handset models it offers comply
   with paragraphs (b)(1) and (2) of this section, calculated based on the
   total number of unique digital wireless handset models the carrier
   offers nationwide. Beginning April 4, 2022, each Tier I carrier must
   ensure that at least eighty-five (85) percent of the handset models it
   offers comply with paragraphs (b)(1) and (2) of this section,
   calculated based on the total number of unique digital wireless handset
   models the carrier offers nationwide.

   (3) Service providers other than Tier I carriers. For each digital air
   interface for which it offers wireless handsets to customers, each
   service provider other than a Tier I carrier must:

   (i) Prior to September 7, 2008, include in the handset models it offers
   at least two handset models that comply with paragraph (b)(1) of this
   section;

   (ii) Beginning September 7, 2008, either:

   (A) Ensure that at least fifty (50) percent of the handset models it
   offers comply with paragraph (b)(1) of this section, calculated based
   on the total number of unique digital wireless handset models the
   service provider offers nationwide; or

   (B) Ensure that it offers, at a minimum, the following specified number
   of handset models that comply with paragraph (b)(1) of this section:

   (1) Until May 15, 2009, at least eight (8) handset models;

   (2) Beginning May 15, 2009, at least nine (9) handset models; and

   (3) Beginning May 15, 2010, at least ten (10) handset models.

   (iii) Beginning April 3, 2020, ensure that at least sixty-six (66)
   percent of the handset models it offers comply with paragraphs (b)(1)
   and (2) of this section, calculated based on the total number of unique
   digital wireless handset models the carrier offers.

   (iv) Beginning April 3, 2023, ensure that at least eighty-five (85)
   percent of the handset models it offers comply with paragraphs (b)(1)
   and (2) of this section, calculated based on the total number of unique
   digital wireless handset models the carrier offers.

   (4) All service providers. The following requirements apply to Tier I
   carriers and all other service providers.

   (i) In-store testing. Each service provider must make available for
   consumers to test, in each retail store owned or operated by the
   provider, all of its handset models that comply with paragraph (b)(1)
   of this section.

   (ii) Offering models with differing levels of functionality. Each
   service provider must offer its customers a range of hearing
   aid-compatible models with differing levels of functionality (e.g.,
   operating capabilities, features offered, prices). Each provider may
   determine the criteria for determining these differing levels of
   functionality.

   (d) Phase-in of requirements relating to inductive coupling capability.
   The following applies to each manufacturer and service provider that
   offers wireless handsets used in the delivery of the services specified
   in paragraph (a) of this section and that does not fall within the de
   minimis exception set forth in paragraph (e) of this section. However,
   prior to July 17, 2014 for manufacturers and Tier I carriers and
   October 17, 2014 for service providers other than Tier I carriers, the
   requirements of this section do not apply to handset operations over
   frequency bands and air interfaces for which technical standards are
   not stated in ANSI C63.19-2007.

   (1) Manufacturers. Each manufacturer offering to service providers four
   or more handset models, and beginning September 8, 2011, each
   manufacturer offering four or more handset models, in a digital air
   interface for use in the United States or imported for use in the
   United States must ensure that it offers to service providers, and
   beginning September 8, 2011, must ensurel that it offers, at a minimum,
   the following number of handset models that comply with the
   requirements set forth in paragraph (b)(2) of this section, whichever
   number is greater in any given year.

   (i) At least two (2) handset models in that air interface; or

   (ii) At least the following percentage of handset models (rounded down
   to the nearest whole number):

   (A) Beginning February 15, 2009, at least twenty (20) percent of its
   handset models in that air interface, provided that, of any such models
   introduced during calendar year 2009, one model may be rated using ANSI
   C63.19-2006 (June 12, 2006), and all other models introduced during
   that year or subsequent years shall be rated using ANSI C63.19-2007
   (June 8, 2007) or subsequently adopted version as may be approved
   pursuant to paragraph (k);

   (B) Beginning February 15, 2010, at least twenty-five (25) percent of
   its handset models in that air interface; and

   (C) Beginning February 15, 2011, at least one-third of its handset
   models in that air interface.

   (D) Beginning October 3, 2018, at least sixty-six (66) percent of the
   handset models in that air interface, which must comply with paragraphs
   (b)(1) and (2) of this section.

   (E) Beginning October 4, 2021, at least eighty-five (85) percent of the
   handset models in that air interface, which must comply with paragraphs
   (b)(1) and (2) of this section.

   (2) Tier I carriers. For each digital air interface for which it offers
   wireless handsets to service providers, each Tier I carrier must:

   (i) Ensure that at least one-third of the handset models it offers
   comply with paragraph (b)(2) of this section, calculated based on the
   total number of unique digital wireless handset models the carrier
   offers nationwide; or

   (ii) Ensure that it offers, at a minimum, the following specified
   number of handset models that comply with paragraph (b)(2) of this
   section:

   (A) Prior to February 15, 2009, at least three (3) handset models;

   (B) Beginning February 15, 2009, at least five (5) handset models;

   (C) Beginning February 15, 2010, at least seven (7) handset models; and

   (D) Beginning February 15, 2011, at least ten (10) handset models.

   (iii) Beginning April 3, 2019, each Tier I carrier must ensure that at
   least sixty-six (66) percent of the handset models it offers comply
   with paragraphs (b)(1) and (2) of this section, calculated based on the
   total number of unique digital wireless handset models the carrier
   offers nationwide. Beginning April 4, 2022, each Tier I carrier must
   ensure that at least eighty-five (85) percent of the handset models it
   offers comply with paragraphs (b)(1) and (2) of this section,
   calculated based on the total number of unique digital wireless handset
   models the carrier offers nationwide.

   (3) Service providers other than Tier I carriers. For each digital air
   interface for which it offers wireless handsets to customers, each
   service provider other than a Tier I carrier must:

   (i) Prior to September 7, 2008, include in the handset models it offers
   at least two handset models that comply with paragraph (b)(2) of this
   section;

   (ii) Beginning September 7, 2008, either:

   (A) Ensure that at least one-third of the handset models it offers
   comply with paragraph (b)(2) of this section, calculated based on the
   total number of unique digital wireless handset models the carrier
   offers nationwide; or

   (B) Ensure that it offers, at a minimum, the following specified number
   of handset models that comply with paragraph (b)(2) of this section:

   (1) Until May 15, 2009, at least three (3) handset models;

   (2) Beginning May 15, 2009, at least five (5) handset models;

   (3) Beginning May 15, 2010, at least seven (7) handset models; and

   (4) Beginning May 15, 2011, at least ten (10) handset models.

   (iii) Beginning April 3, 2020, ensure that at least sixty-six (66)
   percent of the handset models it offers comply with paragraphs (b)(1)
   and (2) of this section, calculated based on the total number of unique
   digital wireless handset models the carrier offers;

   (iv) Beginning April 3, 2023, ensure that at least eighty-five (85)
   percent of the handset models it offers comply with paragraphs (b)(1)
   and (2) of this section, calculated based on the total number of unique
   digital wireless handset models the carrier offers.

   (4) All service providers. The following requirements apply to Tier I
   carriers and all other service providers.

   (i) In-store testing. Each service provider must make available for
   consumers to test, in each retail store owned or operated by the
   provider, all of its handset models that comply with paragraph (b)(2)
   of this section.

   (ii) Offering models with differing levels of functionality. Each
   service provider must offer its customers a range of hearing
   aid-compatible models with differing levels of functionality (e.g.,
   operating capabilities, features offered, prices). Each provider may
   determine the criteria for determining these differing levels of
   functionality.

   (e) De minimis exception. (1)(i) Manufacturers or service providers
   that offer two or fewer digital wireless 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 digital wireless 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, beginning
   September 10, 2012, 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 digital wireless handsets in that air interface in the United
   States must offer at least one handset model compliant with paragraphs
   (b)(1) and (b)(2) of this section in that air interface, except as
   provided in paragraph (e)(1)(iii) of this section. Service providers
   that obtain handsets only from manufacturers that offer one or two
   digital wireless 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 compliant with paragraphs (b)(1) and (b)(2) of this section,
   except as provided in paragraph (e)(1)(iii) of this section. For
   purposes of this paragraph, 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 must also comply with all other requirements of this section.

   (iii) Manufacturers and service providers that offer one or two digital
   handset models that operate over the GSM air interface in the 1900 MHz
   band may satisfy the requirements of paragraph (e)(1)(ii) of this
   section by offering at least one handset model that complies with
   paragraph (b)(2) of this section and that either complies with
   paragraph (b)(1) of this section or meets the following conditions:

   (A) The handset enables the user optionally to reduce the maximum power
   at which the handset will operate by no more than 2.5 decibels, except
   for emergency calls to 911, only for GSM operations in the 1900 MHz
   band;

   (B) The handset would comply with paragraph (b)(1) of this section if
   the power as so reduced were the maximum power at which the handset
   could operate;

   (C) Customers are informed of the power reduction mode as provided in
   paragraph (f)(3) of this section. Manufacturers and service providers
   covered by this paragraph must also comply with all other requirements
   of this section; and

   (D) The handset was certified as meeting the requirements of paragraph
   (b)(1) of this section with the power reduction prior to August 28,
   2018.

   (2) Manufacturers or service providers that offer three digital
   wireless handset models in an air interface must offer at least one
   handset model compliant with paragraphs (b)(1) and (b)(2) of this
   section in that air interface. Service providers that obtain handsets
   only from manufacturers that offer three digital wireless handset
   models in an air interface in the United States are required to offer
   at least one handset model in that air interface compliant with
   paragraphs (b)(1) and (b)(2) of this section.

   (3) Beginning October 3, 2018, manufacturers that offer four or five
   digital wireless handset models in an air interface must offer at least
   two handset models compliant with paragraphs (b)(1) and (2) of this
   section in that air interface. Beginning April 3, 2019, Tier I carriers
   who offer four digital wireless handset models in an air interface must
   offer at least two handsets compliant with paragraphs (b)(1) and (2) of
   this section in that air interface and Tier I carriers who offer five
   digital wireless handset models in an air interface must offer at least
   three handsets compliant with paragraphs (b)(1) and (2) of this section
   in that air interface. Beginning April 3, 2020, service providers,
   other than Tier I carriers, who offer four digital wireless handset
   models in an air interface must offer at least two handset models
   compliant with paragraphs (b)(1) and (2) of this section in that air
   interface and service providers, other than Tier I carriers, who offer
   five digital wireless handset models in an air interface must offer at
   least three handsets compliant with paragraphs (b)(1) and (2) of this
   section in that air interface.

   (f) Labeling and disclosure requirements—(1) Labeling requirements—(i)
   Inductive coupling and RF interference reduction. Manufacturers and
   service providers shall ensure that handsets that are hearing
   aid-compatible, as defined in paragraph (b) of this section, clearly
   display the rating, as defined in paragraphs (b)(1) and (2) of this
   section, on the packaging material of the handset. In the event that a
   hearing aid-compatible handset achieves different radio interference or
   inductive coupling ratings over different air interfaces or different
   frequency bands, the RF interference reduction and inductive coupling
   capability ratings displayed shall be the lowest rating assigned to
   that handset for any air interface or frequency band. An explanation of
   the ANSI C63.19 rating system must also be included in the device's
   user's manual or as an insert in the packaging material for the
   handset.

   (ii) Volume control. Beginning March 1, 2021, manufacturers and service
   providers shall ensure that handsets that are hearing aid compatible,
   as defined in paragraph (b) of this section, clearly display
   information indicating the handset's amplification capabilities on the
   packaging material of the handset. If the handset has been certified as
   compliant with a technical standard that specifies acceptable numerical
   metrics or qualitative ratings for handset volume control, the labeling
   shall include the relevant volume control metrics or ratings. In the
   event that such a handset achieves different metrics or ratings over
   different air interfaces or different frequency bands, the volume
   control metrics or ratings displayed shall be the lowest metrics or
   ratings assigned to that handset for any air interface or frequency
   band. An explanation of such volume control metrics or ratings shall be
   included in the device's user manual or as an insert in the packaging
   material for the handset.

   (2) Disclosure requirements relating to handsets treated as hearing
   aid-compatible over fewer than all their operations.

   (i) Each manufacturer and service provider shall ensure that, wherever
   it provides hearing aid compatibility ratings for a handset that is
   considered hearing aid-compatible under paragraph (b)(3)(ii) of this
   section only with respect to those frequency bands and air interfaces
   for which technical standards are stated in ANSI C63.19-2007 and that
   has not been tested for hearing aid compatibility under ANSI
   C63.19-2011, or any handset that operates over frequencies outside of
   the 698 MHz to 6 GHz bands, it discloses to consumers, by clear and
   effective means (e.g., inclusion of call-out cards or other media,
   revisions to packaging materials, supplying of information on Web
   sites), that the handset has not been rated for hearing aid
   compatibility with respect to some of its operation(s). This disclosure
   shall include the following language:

   This phone has been tested and rated 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
   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.

   (ii) However, service providers are not required to include this
   language in the packaging material for handsets that incorporate a
   Wi-Fi air interface and that were obtained by the service provider
   before March 8, 2011, provided that the service provider otherwise
   discloses by clear and effective means that the handset has not been
   rated for hearing aid compatibility with respect to Wi-Fi operation.

   (iii) Each manufacturer and service provider shall ensure that,
   wherever it provides hearing aid compatibility ratings for a handset
   that is considered hearing aid-compatible under paragraph (b)(3)(ii) of
   this section only with respect to those frequency bands and air
   interfaces for which technical standards are stated in ANSI
   C63.19-2007, and that the manufacturer has tested and found not to meet
   hearing aid compatibility requirements under ANSI C63.19-2011 for
   operations over one or more air interfaces or frequency bands for which
   technical standards are not stated in ANSI C63.19-2007, it discloses to
   consumers, by clear and effective means (e.g., inclusion of call-out
   cards or other media, revisions to packaging materials, supplying of
   information on Web sites), that the handset does not meet the relevant
   rating or ratings with respect to such operation(s).

   (3) Disclosure requirement relating to handsets that allow the user to
   reduce the maximum power for GSM operation in the 1900 MHz band.
   Handsets offered to satisfy paragraph (e)(1)(iii) of this section shall
   be labeled as meeting an M3 rating. Each manufacturer and service
   provider shall ensure that, wherever this rating is displayed, it
   discloses to consumers, by clear and effective means (e.g., inclusion
   of call-out cards or other media, revisions to packaging materials,
   supplying of information on Web sites), that user activation of a
   special mode is necessary to meet the hearing aid compatibility
   standard. In addition, each manufacturer or service provider shall
   ensure that the device manual or a product insert explains how to
   activate the special mode and that doing so may result in a reduction
   of coverage.

   (g) Model designation requirements. Where a manufacturer has made
   physical changes to a handset that result in a change in the hearing
   aid compatibility rating under paragraph (b)(1) or (b)(2) of this
   section, the altered handset must be given a model designation distinct
   from that of the handset prior to its alteration.

   (h) Website and record retention requirements. (1) Each manufacturer
   and service provider that operates a publicly-accessible website must
   make available on its website a list of all hearing aid-compatible
   models currently offered, the ratings of those models, and an
   explanation of the rating system. Each service provider must also
   specify on its website, based on the levels of functionality and rating
   that the service provider has defined, the level that each hearing
   aid-compatible model falls under, as well as an explanation of how the
   functionality of the handsets varies at the different levels. Each
   service provider must also include on its website: A list of all
   non-hearing aid-compatible models currently offered, including the
   level of functionality that each of those models falls under, an
   explanation of how the functionality of the handsets varies at the
   different levels as well as a link to the current FCC web page
   containing information about the wireless hearing aid compatibility
   rules and service providers' obligations. Each service provider must
   also include the marketing model name/number(s) and FCC ID number of
   each hearing aid-compatible and non-hearing aid-compatible model
   currently offered.

   (2) Service providers must maintain on their website either:

   (i) A link to a third-party website as designated by the Commission or
   Wireless Telecommunications Bureau with information regarding hearing
   aid-compatible and non-hearing aid-compatible handset models; or

   (ii) A clearly marked list of hearing aid-compatible handset models
   that are no longer offered if the calendar month/year that model was
   last offered is within 24 months of the current calendar month/year and
   was last offered in January 2018 or later along with the information
   listed in paragraph (h)(1) of this section for each hearing
   aid-compatible handset.

   (3) If the Wireless Telecommunications Bureau determines that the
   third-party website has been eliminated or is not updated in a timely
   manner, it may select another website or require service providers to
   comply with paragraph (h)(2)(ii) of this section.

   (4) The information on the website must be updated within 30 days of
   any relevant changes, and any website pages containing information so
   updated must indicate the day on which the update occurred.

   (5) Service providers must maintain internal records including the
   ratings, if applicable, of all hearing aid-compatible and non-hearing
   aid-compatible models no longer offered (if the calendar month/year
   that model was last offered is within 24 months of the current calendar
   month/year and was last offered in January 2018 or later); for models
   no longer offered (if the calendar month/year that model was last
   offered is within 24 months of the current calendar month/year), the
   calendar months and years each hearing aid-compatible and non-hearing
   aid-compatible model was first and last offered; and the marketing
   model name/number(s) and FCC ID number of each hearing aid-compatible
   and non-hearing aid-compatible model no longer offered (if the calendar
   month/year that model was last offered is within 24 months of the
   current calendar month/year and was last offered in January 2018 or
   later).

   (i) Reporting requirements—(1) Reporting and certification dates.
   Manufacturers shall submit reports on efforts toward compliance with
   the requirements of this section on an annual basis on July 15. Service
   providers shall submit certifications on their compliance with the
   requirements of this section by January 15 of each year. Information in
   each report and certification must be up-to-date as of the last day of
   the calendar month preceding the due date of each report and
   certification.

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

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

   (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 ANSI Standard C63.19,
   the ANSI Standard C63.19 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 Web site, the Web site
   address of the page(s) containing the information regarding hearing
   aid-compatible handset models required by paragraph (h) of this
   section.

   Note to paragraph (i)(2): For reports due on January 15, 2009,
   information provided with respect to paragraphs (i)(2)(ii)
   through(i)(2)(v) and (i)(2)(vii) and (i)(2)(viii) need be provided only
   for the six-month period from July 1 to December 31, 2008.

   (3) 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, 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.

   (4) Format. The Wireless Telecommunications Bureau is delegated
   authority to approve or prescribe formats and methods for submission of
   the reports and certifications required by this section. Any format
   that the Bureau may approve or prescribe shall 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, by notice-and-comment
   rulemaking, to issue 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 C63TM, 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 ANSI C63.19-2007 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) 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
   material is available for inspection at the Federal Communications
   Commission (FCC), 445 12th St. SW, Reference Information Center, Room
   CY-A257, Washington, DC 20554, (202) 418-0270, and is available from
   the source indicated below. They are also available for inspection at
   the National Archives and Records Administration (NARA). For
   information on the availability of this material at NARA, call
   202-741-6030 or go to
   http://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

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

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

   (2) [Reserved]

   [ 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]

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