§ 610. — Telephone service for disabled.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC610]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 610. Telephone service for disabled
(a) Establishment of regulations
The Commission shall establish such regulations as are necessary to
ensure reasonable access to telephone service by persons with impaired
hearing.
(b) Hearing aid compatibility requirements
(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 August 16, 1988, or imported
for use in the United States more than one year after August 16,
1988,
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.
(2)(A) The initial regulations prescribed by the Commission under
paragraph (1) of this subsection after August 16, 1988, shall exempt
from the requirements established pursuant to paragraph (1)(B) of this
subsection only--
(i) telephones used with public mobile services;
(ii) telephones used with private radio services;
(iii) cordless telephones; and
(iv) secure telephones.
(B) 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 August 16, 1988.
(C) 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. The Commission shall revoke or otherwise limit
any such exemption if the Commission determines that--
(i) such revocation or limitation is in the public interest;
(ii) continuation of the exemption without such revocation or
limitation would have an adverse effect on hearing-impaired
individuals;
(iii) compliance with the requirements of paragraph (1)(B) is
technologically feasible for the telephones to which the exemption
applies; and
(iv) compliance with the requirements of paragraph (1)(B) would
not increase costs to such an extent that the telephones to which
the exemption applies could not be successfully marketed.
(3) The Commission may, upon the application of any interested
person, initiate a proceeding to waive the requirements of paragraph
(1)(B) of this subsection with respect to new telephones, or telephones
associated with a new technology or service. The Commission shall not
grant such a waiver unless the Commission determines, on the basis of
evidence in the record of such proceeding, that such telephones, or such
technology or service, are in the public interest, and that (A)
compliance with the requirements of paragraph (1)(B) is technologically
infeasible, or (B) compliance with such requirements would increase the
costs of the telephones, or of the technology or service, to such an
extent that such telephones, technology, or service could not be
successfully marketed. In any proceeding under this paragraph to grant a
waiver from the requirements of paragraph (1)(B), the Commission shall
consider the effect on hearing-impaired individuals of granting the
waiver. The Commission shall periodically review and determine the
continuing need for any waiver granted pursuant to this paragraph.
(4) For purposes of this subsection--
(A) 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;
(B) the term ``public mobile services'' means air-to-ground
radiotelephone services, cellular radio telecommunications services,
offshore radio, rural radio service, public land mobile telephone
service, and other common carrier radio communication services
covered by part 22 of title 47 of the Code of Federal Regulations;
(C) the term ``private radio services'' means private land
mobile radio services and other communications services
characterized by the Commission in its rules as private radio
services; and
(D) the term ``secure telephones'' means telephones that are
approved by the United States Government for the transmission of
classified or sensitive voice communications.
(c) Technical standards
The Commission shall establish or approve such technical standards
as are required to enforce this section.
(d) 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.
(e) 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 impairments.
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.
(f) 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.
(g) 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.
(h) State enforcement
The Commission shall delegate to each State commission the authority
to enforce within such State compliance with the specific regulations
that the Commission issues under subsections (a) and (b) of this
section, conditioned upon the adoption and enforcement of such
regulations by the State commission.
(June 19, 1934, ch. 652, title VII, Sec. 710, formerly title VI,
Sec. 610, as added Pub. L. 97-410, Sec. 3, Jan. 3, 1983, 96 Stat. 2043;
renumbered title VII, Sec. 710, Pub. L. 98-549, Sec. 6(a), Oct. 30,
1984, 98 Stat. 2804; amended Pub. L. 100-394, Sec. 3, Aug. 16, 1988, 102
Stat. 976; Pub. L. 103-414, title III, Sec. 304(a)(16), Oct. 25, 1994,
108 Stat. 4297.)
Amendments
1994--Subsec. (f). Pub. L. 103-414 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 January 3, 1983. The Commission shall
complete rulemaking actions required to implement the amendments made by
the Hearing Aid Compatibility Act of 1988 within nine months after
August 16, 1988. Thereafter, the Commission''.
1988--Subsec. (b). Pub. L. 100-394, Sec. 3(a), 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.''
Subsec. (f). Pub. L. 100-394, Sec. 3(b), 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 August 16, 1988. Thereafter, the Commission shall
periodically review the regulations established pursuant to this
section.'' for ``Thereafter the Commission shall periodically review
such rules and regulations.''
Congressional Findings for 1988 Amendment
Section 2 of Pub. L. 100-394 provided that: ``The Congress finds
that--
``(1) to the fullest extent made possible by technology and
medical science, hearing-impaired persons should have equal access
to the national telecommunications network;
``(2) present technology provides effective coupling of
telephones to hearing aids used by some severely hearing-impaired
persons for communicating by voice telephone;
``(3) anticipated improvements in both telephone and hearing aid
technologies promise greater access in the future; and
``(4) universal telephone service for hearing-impaired persons
will lead to greater employment opportunities and increased
productivity.''
Congressional Findings
Section 2 of Pub. L. 97-410 provided that: ``The Congress finds
that--
``(1) all persons should have available the best telephone
service which is technologically and economically feasible;
``(2) currently available technology is capable of providing
telephone service to some individuals who, because of hearing
impairments, require telephone reception by means of hearing aids
with induction coils, or other inductive receptors;
``(3) the lack of technical standards ensuring compatibility
between hearing aids and telephones has prevented receipt of the
best telephone service which is technologically and economically
feasible; and
``(4) adoption of technical standards is required in order to
ensure compatibility between telephones and hearing aids, thereby
accommodating the needs of individuals with hearing impairments.''
