VoIP E911; Wireless HAC rules; Captioning; Section 255 contacts; TRS complaint logs

To: Consumer Contact List
From: Karen Peltz Strauss, RERC-TA
Re: Consumer Contact List - Misc. items related to VoIP E911 access, wireless HAC rules, captioning, Section 255 contacts, TRS complaint logs
Date: June 23, 2005

1. E911 Requirements for VoIP Providers - The FCC has adopted a rule requiring providers of Voice over Internet Protocol (VoIP) services to handle enhanced 911 calls. This order may have implications for the provision of emergency services through IP-enabled relay services. In addition, the FCC has accompanied its order with a request for consumers to refresh the FCC's record on its 1999 Notice of Inquiry regarding the application of Section 255 to IP-enabled services. Dates are still being set for the submission of these comments.

2. FCC Order on Petitions for Reconsideration of the Wireless HAC Rules - On June 9, 2005, the FCC issued an order reaffirming its original schedule for the production of hearing aid compatible wireless phones with one exception: instead of requiring each Tier 1 carrier to reduce RF emissions (and achieve acoustic coupling) on either 2 of its handset models or 25% of its total number of handset models (per interface) whichever is greater, it requires these carriers to either provide 4 accessible models or to make 25% of their handset models accessible (per interface) regardless of which is greater, by September 16, 2005. This requirement will increase to either 5 hearing aid compatible models or 25% of all handsets (per interface per carrier) by September 16, 2006, again regardless of which is greater. Fifty percent of all phones must still be accessible by 2008, as per the original July 2003 Order.

Other matters addressed by the FCC in this order were:

Consumer Education The FCC's order recognizes an industry commitment to incorporate access in a range of handsets, from low-end to high-end prices, and to include information about HAC accessibility on the "call-out" cards (placards) that are situated next to phones in retail establishments. This latter commitment is to enable customers to easily determine the compatibility of the phones that they are considering for purchase.

In-Store Testing The FCC reaffirmed the requirement for live, in-store testing. In fact, the Commission went even further to approve a Further Notice of Proposed Rulemaking (FNPRM) that will seek comment on whether the requirement for in-store testing should extend to other types of outlets (i.e., not only those owned by the manufacturers or carriers) that sell wireless services. The FCC explained that such in-store testing, as well as "real-world" testing over 30 days and flexible return policies, both of which the FCC encouraged (though apparently did not require), were necessary to give consumers a meaningful opportunity and enough time to identify suitable phones and become comfortable with those phones.

De-Minimis Exception The FCC's July 2003 rules allowed carriers and manufacturers to be exempt from the HAC rules if they offered 2 or fewer handset models per interface. The FCC's new FNPRM will seek comment on reducing this exemption to only carriers and manufacturers that offer only one handset per air interface.

ANSI Standard C63.19 The FCC reaffirmed that use of a performance-based standard, rather than a build-to standard that applies to how equipment is manufactured, is appropriate for the HAC rules, and committed itself to reviewing future versions of the ANSI HAC wireless standard expeditiously.

Also see Commissioner statements at:

3. Closed Captioning Exemptions Rejected - The FCC has rejected requests for exemptions from its closed captioning rules made by the following 14 stations/programs:

- Coastal Sportsman;
- Crosstalk TV Ministry;
- Northeast Great Outdoors;
- Adventure Bound Outdoors;
- Complete Video Productions;
- Lincoln Wood Baptist Church;
- Survivors of Assault Recovery;
- Jim Hanley's Northeast Outdoors, Inc.
- Brown Trail Church
- Awakening Ministries
- Sportsman's Showcase, Inc.
- A-Way Hunting Products, Inc.
- Victory Video Ministries
- Avery Outdoor Enterprises

These orders can be found on the Consumer & Governmental Affairs Bureau's Disability Rights Office website at http://www.fcc.gov/cgb/dro/headlines.html or http://www.fcc.gov/cgb/dro/caption_exemptions.html. If you would like any or all of these Orders electronically emailed to you, please send an email to Arlene.Alexander@fcc.gov making that request.

4. Section 255 Point of Contact - The Consumer & Governmental Affairs Bureau has issued a notice reminding telecommunications equipment manufacturers and service providers to designate an agent for the receipt of FCC complaints.

Released: 06/14/2005. THE CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REMINDS TELECOMMUNICATIONS EQUIPMENT MANUFACTURERS AND TELECOMMUNICATIONS SERVICE PROVIDERS OF OBLIGATION TO DESIGNATE AGENT FOR COMPLAINTS RECEIVED BY THE FCC. (DA No. 05-1653). CGB. Contact: Arlene Alexander at (202) 418-0581, email: Arlene.Alexander@fcc.gov, TTY: (202) 418-0183
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1653A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1653A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1653A1.txt>

5. Relay Service Complaint Log Summaries Due. The FCC's Consumer & Governmental Affairs Bureau has reminded states and telecommunications relay services (TRS) providers that they must submit their annual consumer complaint log summaries for the 12-month period ending May 31, 2005, on or before July 1, 2005.

Released: 06/16/2005. CONSUMER & GOVERNMENTAL AFFAIRS BUREAU REMINDS STATES AND TELECOMMUNICATIONS RELAY SERVICES (TRS) PROVIDERS THAT THE ANNUAL SUMMARY OF CONSUMER COMPLAINTS CONCERNING TRS IS DUE FRIDAY, JULY 1, 2005. (DA No. 05-1681). (Dkt No 03-123). CGB. Contact: Dana Jackson at (202) 418-1475, email: Dana.Jackson@fcc.gov, TTY: (202) 418-0597
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1681A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1681A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1681A1.txt>

6. Panasonic Request for Exemption from the Hearing Aid Compatibility Rules - Panasonic has requested an exemption from the FCC's rules requiring hearing aid compatibility and volume control for one of its cordless phones.

Released: 06/17/2005. FCC SEEKS COMMENT ON PANASONIC CORPORATION OF NORTH AMERICA'S REQUEST FOR WAIVER OF HEARING AID-COMPATIBILITY AND VOLUME CONTROL REQUIREMENTS FOR ITS PANASONIC 2.4 GHZ FHSS CORDLESS TELEPHONE WITH BONE CONDUCTION TYPE EAR-PIECE. (DA No. 05-1683). (Dkt No 87-124). Comments Due: 06/27/2005. Reply Comments Due: 07/07/2005.
CGB. Contact: Arlene Alexander at (202) 418-0581, email: Arlene.Alexander@fcc.gov,
TTY: (202) 418-0183
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1683A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1683A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1683A1.txt>

The FCC's notice, giving the public an opportunity to submit feedback on this request, follows:

Released: June 17, 2005
DA 05-1683

FCC SEEKS COMMENT ON PANASONIC CORPORATION OF NORTH AMERICA'S REQUEST FOR WAIVER OF HEARING AID-COMPATIBILITY AND VOLUME CONTROL REQUIREMENTS FOR ITS PANASONIC 2.4 GHz FHSS CORDLESS TELEPHONE WITH BONE CONDUCTION TYPE EAR-PIECE

CC Docket No. 87-124
Comment date: June 27, 2005
Reply Comment date: July 7, 2005

On April 19, 2005, Panasonic Corporation filed a Request for Waiver with the Federal Communications Commission ("Commission") of the hearing aid compatibility and volume control requirements set forth in 47 C.F.R. §§ 68.316 & 68.317 in order to market the Panasonic 2.4 GHz FHSS Cordless Telephone with Bone Conduction Type Ear-Piece, Model KX-TG2388. Panasonic asserts that the non-conforming ear-piece will benefit the special needs of "transmission hearing impaired" persons, i.e., individuals who have loss of hearing in the outer ear that collects incoming sound waves. Panasonic also states that the product would be labeled as non-hearing aid compatible, contain a warning that the phone may not be used in a public location, and provide instructions on how to reduce feedback in a hearing aid caused by the telephone.

Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R. §§ 1.415, 1.419, interested parties may file comments on or before June 27, 2005, and reply comments on or before July 7, 2005. All filings must reference CC Docket No. 87-124. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to http://www.fcc.gov/cgb/ecfs/. Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of this proceeding, however, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, "get form." A sample form and directions will be sent in reply.

Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, electronic media, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission's contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings or electronic media filings for the Commission's Secretary at 236 Massachusetts Avenue, NE, Suite 110, Washington, D.C., 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial and electronic media mail sent by overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD, 20743. U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S.W., Washington, D.C., 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission, 445 12th Street, S.W., Room TW-B204, Washington, D.C., 20554.

Parties who choose to file by paper should also submit their comments on diskette. These diskettes should be submitted, along with three paper copies, to: Arlene Alexander, Consumer & Governmental Affairs Bureau, Disability Rights Office, 445 12th Street, S.W., Room CY-C418, Washington, D.C., 20554. Such a submission should be on a 3.5 inch diskette formatted in an IBM compatible format using Word 97 or compatible software. The diskette should be accompanied by a cover letter and should be submitted in "read only" mode. The diskette should be clearly labeled with the commenter's name, proceeding (including the lead docket number in this case (CC Docket No. 87-124)), type of pleading (comment or reply comment), date of submission, and the name of the electronic file on the diskette. The label should also include the following phrase "Disk Copy - Not an Original." Each diskette should contain only one party's pleadings, preferably in a single electronic file. In addition, commenters must send diskette copies to the Commission's copy contractor, Best Copy and Printing (BCPI), Inc., Portals II, 445 12th Street, S.W., Room, CY-CB402, Washington, D.C., 20554.

Pursuant to section 1.1206 of the Commission's rules, 47 C.F.R. § 1.1206, this proceeding will be conducted as a permit-but-disclose proceeding in which ex parte communications are subject to disclosure.

A copy of this document, Panasonic's Request for Waiver, and any subsequently filed documents in this matter will be available during regular business hours at the FCC Reference Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C., 20554, (202) 418-0270. This document, Panasonic's Request for Waiver submission and any subsequently filed documents in this matter may also be purchased from the Commission's duplicating contractor, BCPI, Inc. Customers may contact BCPI, Inc. at their website, www.bcpiweb.com, or call 1-800-378-3160. A copy of the submission may also be found by searching on the Commission's Electronic Comment Filing System (ECFS) at http://www.fcc.gov/cgb/ecfs (insert CC Docket No. 87-124 into the Proceeding block).

To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This Public Notice can also be downloaded in Text and ASCII formats at: http://www.fcc.gov/cgb/dro.

For further information, please contact Arlene Alexander, Consumer & Governmental Affairs Bureau, Disability Rights Office, at (202) 418-0581 (voice), (202) 418-0183 (TTY), or e-mail at Arlene.Alexander@fcc.gov.