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U.S. Code as of:
01/19/04
Section 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.
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