
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.''
