Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554
In the Matter of ) ) IT&E Overseas, Inc. ) ) Section 68.4(a) of the Commission’s Rules ) Governing Hearing Aid Compatible ) Telephones ) WT Docket No. 01-309 ) Request for Temporary Waiver, or ) Temporary Stay, of ) Section 20.19(c)(2)(i) of the Rules )
To: The Commission
AMENDMENT TO PETITION FOR TEMPORARY WAIVER OR TEMPORARY STAY
By its attorneys and pursuant to Sections 1.3 and 1.925 of the Commission’s
Rules, IT&E Overseas, Inc. (“IT&E”) hereby amends its Petition for Temporary Waiver or Temporary Stay filed on September 13, 2006 (“T-Coil Petition”), which sought a one- year temporary waiver or temporary stay of the requirement that IT&E include in its offerings at least two wireless handset models per air interface that comply with Rule
Section 20.19(b)(2), and that it make available in each retail store owned or operated by it all of these handset models for customer testing. In particular, after reviewing accessibility information on the Motorola web site which indicated that the model V3i phone was rated M3/T3 for hearing aid compatibility, IT&E acquired a supply of these
GSM handsets. See Attachment A. IT&E included the V3i phone in the GSM portion of its 2007 HAC Report and indicated that the device (labeled with FCC ID IHDT56EU1) was M3/T3 rated because the company believed in good faith that the phones it had purchased were identical to those shown on the manufacturer’s web site, and there was no indication from Motorola that different versions of the model V3i were being manufactured, having different capabilities under multiple FCC IDs. Following an
inquiry from staff in the FCC’s Wireless Telecommunications Bureau, and the
company’s further investigation with the manufacturer, IT&E confirmed that its supply of
model V3i phones were not T3-rated, as first thought. Accordingly, because of this
confusion created by the handset manufacturer, IT&E requests that the relief sought in its
T-Coil Petition be granted, and extended nunc pro tunc until March 15, 2008, with
respect to the GSM portion of its Broadband Personal Communications Services (“PCS”)
network. In support of IT&E’s request, the following is shown:
Background
1. IT&E is the licensee of PCS stations KNLF923 (Frequency Block D – Guam
BTA), KNLG849 (Frequency Block D – Northern Mariana Islands BTA), WPOK677
(Frequency Block C – Guam BTA) and WPOK678 (Frequency Block C – Northern
Mariana Islands BTA). The company has fewer than 500,000 subscribers, so it is a “Tier
III” provider of Commercial Mobile Radio Services (or “CMRS”), as defined in the
Commission’s Non-Nationwide Carriers Order (Order to Stay), 17 FCC Rcd. 14841, ¶
22 (2002).
2. On September 13, 2006, because of a lack of availability to Tier III CMRS
carriers of wireless handsets rated T3- or better for hearing aid compatibility, IT&E filed
its T-Coil Petition seeking a one-year temporary waiver or temporary stay (i.e., up to and
including September 18, 2007) of the requirement that IT&E include in its offerings at
least two wireless handset models per air interface that comply with Rule Section
20.19(b)(2). Although the company’s GSM facilities were not yet operational, IT&E
included its GSM facilities within the scope of its T-Coil Petition out of an abundance of 2
caution, because it was aware of industry difficulties in achieving T-Coil compatibility
with a wide selection of GSM devices.1
3. Several months later, IT&E launched service on its GSM overlay network. In
keeping with its regulatory compliance obligations, IT&E took steps to offer at least two
(2) GSM devices that had achieved an immunity rating of M3- or better, and at least two
(2) GSM devices that had achieved an immunity rating of T3- or better, under the ANSI
standard. Based on information made available by the handset manufacturers, IT&E
believed it could meet both requirements by selling two handset models: the Nokia
6126h, which Nokia represents as being M3/T3-rated,2 and the Motorola RAZR V3i, which Motorola represents as being M3/T3-rated. In particular, a product summary page from the “Accessibility” section of the Motorola web displays the HAC immunity ratings for the MOTORAZR V3i at http://direct.motorola.com/ens/accessibility/V3i.html (see
Attachment A). IT&E ordered a sufficient supply of both types of handsets for each of its
retail stores and for customer testing/purchase. Pictures of the Motorola V3i device with
FCC ID IHDT56EU1 are provided in Attachment B.
4. In the Company’s HAC Status Report for 2007, IT&E reported that seventeen
(17) of the forty-two (42) different CDMA handset models it was offering had received a
rating of M3- or better under the ANSI standard, and three (3) had received a rating of
T3- or better. On the GSM side, IT&E reported that the Company was selling a total of
twelve (12) different GSM handset models. The Company reasonably believed that three
(3) devices had received a rating of M3- or better, and that two (2) devices had received a
1 T-Coil Petition at p. 3. 3
rating of T3- or better. IT&E identified each handset it believed to be compliant by
manufacturer, model number and FCC ID in an attachment to its HAC Report.3 Of the
GSM handsets, these included the Motorola RAZR V3 (FCC ID: IHDT56EU2 – M3
only), the Motorola V3i (FCC ID: IHDT56EU1 – M3/T3) and the Nokia 6126h (FCC ID:
PPI-RM126H – M3/T3).4
5. On Monday, December 3, 2007, staff reviewing IT&E’s 2007 HAC Report
notified the Company’s FCC counsel of an apparent error in the FCC ID number that
IT&E had listed for the Motorola V3i phone. According to FCC’s records, rather than
IHDT56EU1, the correct FCC ID for the Motorola V3i with M3/T3 rating was supposed
to be IHDT56GW1. Subsequent research by IT&E’s counsel led to the finding that FCC
ID IHDT56EU1 corresponds to an earlier Motorola model V3 handset that was M3-rated only, and that the Motorola web site had too broadly described the V3i phone as M3/T3 compliant.5
6. Upon notification of this apparent discrepancy, IT&E immediately reviewed
its inventory of Motorola V3i handsets and confirmed with further information from
Motorola that its supply of model V3i phones marked with FCC ID IHDT56EU1 are not
T3-rated.
2 See Attachment A. A list showing the HAC immunity ratings received by various Nokia wireless handsets – and showing the Nokia 6126h phone is at http://www.nokiaaccessibility.com/hac.html. 3 See 2007 HAC Annual Report of IT&E Overseas, WT Docket No. 01-309 (filed November 16, 2007) (“IT&E 2007 HAC Report”). 4 IT&E notes that it made an inadvertent typographic error in its 2007 HAC Annual Report by omitting the “h” from the model name of the Nokia 6126h type of GSM phone that it is currently offering. However, the FCC ID for this device was reported correctly. IT&E has amended its 2007 HAC Annual Report on December 14, 2007. to specify “6126h” as the model number for the GSM phone it is currently offering under FCC ID No. PPI-RM126H. 5 In addition, neither the box in which the V3i handsets were packaged, nor the user manual contained any information contradicting statements on the web site that the handsets were not M3/T3. 4
7. IT&E has taken immediate steps to remedy this situation by placing an order
with its handset supplier for a shipment of Nokia 6085 handsets that its supplier has confirmed are rated T3/M3. However, an extension of the relief sought in its T-Coil
Petition until March 31, 2008, is needed because there could be unforeseen delays in the fulfillment and shipment of its order in light of the upcoming Christmas and New Year’s holidays. The Company will notify the FCC upon receipt and verification of the FCC ID and T-Coil compatibility of the replacement handsets, at which time it should have no
further need for a waiver of the Commission’s HAC Rules.
8. On December 18, 2007, counsel for IT&E received an email from Ms. Mary
Brooner, Global Governmental Affairs, Motorola, Inc., with the following explanation
for the two different FCC IDs under which the V3i phone has been manufactured:
…When the V3i product first shipped, it shipped under the original V3i FCC ID (IHDT56EU1) which is not HAC compliant under today's rules. At the time it received type approval it was compliant under FCC waiver (it was the 850 MHz waiver in response to a petition by Cingular). Later there was a software push that made the V3i HAC compliant under current requirements. Because of this change, Motorola applied for a new FCC ID (IHDT56GW1). So technically, as you discovered, there are 2 FCC ID's for the V3i product, one ID has HAC compliance currently and the other had HAC compliance under waiver for a temporary period but does not meet HAC requirements.6
In light of Motorola’s acknowledgement that the original V3i with FCC ID IHDT56EU1
is not HAC compliant under today’s rules, IT&E hereby amends its 2007 Annual HAC
report, which was amended on December 14, 2007, to delete its reference to the Motorola
V3i phone with FCC ID IHDT56EU1 as being M3 rated under the ANSI C63.19
standard.
6 Email correspondence of December 18, 2007 @ 5:15 pm ET from Mary Brooner, Motorola, Inc., to Cary Mitchell of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP. 5
Waiver Standard
9. The Commission has indicated that requests for waiver of the HAC
requirements for digital wireless handsets will be evaluated under the general waiver
standard set forth in Sections 1.3 and 1.925 of the Rules and the standards set forth in
WAIT Radio v. FCC, 418 F.2d 1153 (D.C. Cir. 1969), appeal after remand, 459 F.2d
1203 (D.C. Cir 1972) and Northeast Cellular Telephone Company v. FCC, 897 F.2d 1164
(D.C. Cir 1990). See Section 68.4(a) of the Commission’s Rules Governing Hearing
Aid-Compatible Telephones, Order on Reconsideration and Further Notice of Proposed
Rulemaking, WT Docket No. 01-309, 20 FCC Rcd 11221, 11243, ¶ 50 (Hearing Aid
Compatibility Reconsideration Order). The Commission has further noted that if a
carrier is requesting a waiver of the hearing aid compatibility rules in order to
accommodate its transition from one air interface to another, it must demonstrate "a clear
path to full compliance" by, for example, providing concrete evidence of its documented
commitment to a date certain for that transition to be accomplished.
10. Section 1.3 of the Rules states, in relevant part, that “[a]ny provision of the
rules may be waived by the Commission on its own motion or on petition if good cause
therefore is shown.” Section 1.925(b)(3) of the Rules states that the “Commission may
grant a waiver request if it is shown that (i) [t]he underlying purpose of the rule(s) would
not be served or would be frustrated by application in the instant case, and that a grant of
the requested waiver would be in the public interest; or (ii) [i]n view of the unique or
unusual factual circumstances of the instant cast, application of the rule(s) would be
inequitable, unduly burdensome or contrary to the public interest, or the applicant has no
reasonable alternative.” Under WAIT Radio and Northeast Cellular Telephone
6
Company, a rule waiver “may be granted in instances where the particular facts make strict compliance inconsistent with the public interest if applied to the petitioner and when the relief requested would not undermine the policy objective of the rule in question.” Hearing Aid Compatibility Reconsideration Order at ¶50, Note 158.
I. Grant of Temporary Waiver is Appropriate in IT&E’s Case Because of Confusion Arising from Motorola’s Undisclosed Manufacture and Sale of Compliant and Non-Compliant Model V3i Phones
11. Grant of a waiver is appropriate in IT&E’s case because of confusion over the undisclosed manufacture and sale by Motorola of at least two distinct versions of its model V3i phone with different HAC capabilities. Under these unique facts and circumstances, punishing a Tier III carrier that relied on the manufacturer’s published representations, and that has taken immediate steps to remedy the situation, would be unduly burdensome and contrary to the public interest. IT&E staff reasonably believed that all Motorola handsets branded with the V3i model number would have the same functionality and HAC immunity ratings as the manufacturer has displayed on the
“Accessibility” page of its web site (See Attachment A). Moreover, because there is no single, readily available source for wireless carriers to confirm handset immunity rating information, there was no way for IT&E to tell that the model V3i handsets marked with
FCC ID IHDT56EU1 were not T3 rated.
12. After learning of a possible discrepancy in the telecoil compatibility ratings for the Motorola V3i phone, counsel for IT&E reviewed earlier filings by GSM carriers in WT Docket No. 01-309, and found instances where the FCC ID for the Motorola V3i was reported as IHDT56GW1, where it was not reported at all (suggesting it may have been inconsistent with other carriers’ published reports), and where (as in IT&E’s case) it
7
was identified as “IHDT56EU1.”7 Counsel also learned that at least one other GSM
carrier had reported the very same FCC ID discrepancy involving the Motorola V3i
phone in a waiver request that was filed on June 11, 2007.8 These discrepancies are
evidence of confusion in the marketplace about the correct FCC ID and/or HAC
immunity ratings for certain Motorola V3i handset models. Punishing IT&E or other
carriers who have reasonably relied on the manufacturer’s published representations
would be unjust and contrary to the public interest. In similar circumstances where there
is confusion in the marketplace, the Commission has granted GSM carriers extensions of
the hearing-aid compatibility handset phase-in deadlines. See Section 64.8(a) of the
Commission’s Rules Governing Hearing Aid Compatible Telephones – Petitions for
Waiver of Section 20.19 of the Commission’s Rules, WT Docket No. 01-309,
Memorandum Opinion & Order, FCC 07-200 (rel. November 23, 2007) at ¶3 (granting
three additional months from the release date of the Order for the named GSM carriers to
come into compliance with the Rules).
II. Strict Compliance with the Commission’s Rules in IT&E’s Case Would be Contrary to the Public Interest
13. IT&E is a small regional carrier in a very remote geographic location that has
no involvement in the handset manufacturing, testing, packaging and/or distribution
processes. The Company is seeking in good faith to comply with the Commission’s
hearing aid compatibility requirements and grant of the requested waiver would be
7 See, e.g., Alliance for Telecommunications Industry Solutions (ATIS) Hearing Aid Compatibility Status Report #6, WT Docket No. 01-309 (filed Nov. 17, 2006), at Attachment A - Status Report of SunCom Wireless, Inc., and Status Report of Corr Wireless (each report listing the FCC ID for the T3-rated V3i handset as “ITDT56EU1”). 8 See SunCom Wireless, Inc., Request for Limited Waiver Nunc Pro Tunc, WT Docket No. 01-309, (filed June 11, 2007). 8
consistent with the Commission’s goal of bringing the benefits of digital wireless
telecommunications to individuals with hearing disabilities.
14. Finally, while IT&E has chosen to construct and operate a “overlay”
broadband PCS network using a second air interface (which will benefit all consumers
who seek to use GSM phones), and the carrier is not transitioning its operations from one
air interface to another, the Company is fully HAC compliant with its CDMA operations,
and it has demonstrated its good faith by proposing a clear path to full compliance for its
GSM operations by committing to obtain a supply of compliant T3-rated handsets as
soon as possible, but in any event, no later than March 15, 2008 (i.e., within 3 months).
Conclusion
Wherefore, IT&E respectfully submits that grant of its T-Coil Petition, and further
relief extending nunc pro tunc until March 15, 2008, would be consistent with the public interest, convenience and necessity.
Respectfully submitted, IT&E Overseas, Inc.
By: D. Cary Mitchell Its Attorney Filed: December 19, 2007
Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP 2120 L Street, N.W. Suite 300 Washington, D.C. 20037 Tel: 202-828-5538 FAX: 202-828-5568 E-mail: [email protected]
9
Attachment A HAC Immunity Rating Information from Motorola and Nokia Web Sites
Accessibility Page 1 of 2
Home | Contact | Dealer Locator | Country Selector
Accessibility Home MOTORAZR V3i
Solutions for Access
Featured Products < Back to Featured Products View all Motorola phones > Hearing Aid Compatibility Assistive Devices MOTORAZR V3i
Other Information SIGNALING FAQs GSM 850/900/1800/1900
Rated for Hearing Aids: M3, T3 HELLOMOTO
EXTRAS Bluetooth Enabled Support Enlarge Photo
Shop
HEARING / SPEECH RELATED FEATURES
z Vibracall Alert z Visual Alerts for Power-On, Power-Off, and Low Battery z Keypad Depression Feedback (visual and/or tactile) z Hearing Aid Coupling Speaker (e.g., dynamic speaker) z Standard 2.5 mm Headset Jack / Audio Cut-off / Adapter Accessory (Capable via adapter) z Rated for Hearing Aids: M3, T3 z TTY Compatibility (carrier dependent) z Variety of Ringer Tones over various frequency ranges z Two-Way Text Messaging [top] VISION RELATED FEATURES
z Nib on 5 Key and/or Nibs on F and J keys (QWERTY) z Keys are “raised” from surface and/or can be distinguished by touch z Function keys look and feel different from Number Keys z Keypad Depression Feedback (audible and/or tactile) z Unique Sounds for both Power-On and Power-Off z Distinct Sounds for Function keys versus Number keys z Audible Low Battery Warning z Audible Volume Level Indicator z Display Backlighting z Colorblind Friendly z Text-to-Speech Capabilities z Ringer I.D. for identifying callers z Voice Dialing z Voice Menu Navigation z Voice Recorder z Backlight for Keypad (keys visible in the dark…) z Adjustable Contrast Display z Common Symbols / Icons for explanations z Plug Polarity (User can not plug in the wrong way) [top] MOVEMENT / MANIPULATION RELATED FEATURES
z Total Weight Less than 12 oz (340g) z Shape of Device (e.g., "Candy Bar" / "Clam Shell"): CLAM SHELL z Side Indents / Tabs for Flips z Keypad Depression Feedback (audible and/or visual) z Lanyard Pin for key ring or wrist strap z iTAP capable z Menu actions either reversible or able to have request for confirmation (e.g., “Undo” or “Are you sure?”) z No controls that require pinching, twisting, or wrist rotation z “Automatic Answer” feature z “Any Key Answer” feature z Flat back on product for table-top operation z Auto-redial feature when system is busy [top] COGNITION / OTHER RELATED FEATURES
z Function keys look and feel different from Number Keys z Similar Functions Grouped Together z Manual Scroll Operation (User scrolls through messages at own pace) z Screen Refresh outside of 3 Hz and 60 Hz range (reduce "flicker") z User Responses Independent of Time Limits z iTAP capable z Common Symbols / Icons for explanations z Auto-redial feature when system is busy z “Automatic Answer” feature z Lanyard Pin for key ring or wrist strap z Menu actions either reversible or able to have request for confirmation (e.g., “Undo” or “Are you sure?”) z “Any Key Answer” feature z Voice Dialing z Voice Menu Navigation z Voice Recorder z Plug Polarity (User can not plug in the wrong way) [top]
http://direct.motorola.com/ens/accessibility/V3i.html 12/6/2007 Nokia Accessibility: Hearing Aid Compatibility Page 1 of 2
You are here: Nokia Accessibility Hearing Hearing aid compatibility
Go
Site search
Home Hearing Vision Mobility Cognition News Product accessibility features
Hearing aid compatibility Nokia Loopset Nokia Wireless Keyboard Textphones
Hearing aid compatibility with digital wireless devices
To choose a digital wireless device, a "pairing" system combines a value for radio frequency RF emissions in the mobile phone and a rating for the immunity level in the hearing aid. Lower RF emissions in handsets and higher immunity in hearing aids may help reduce interference.
A combined rating of "5" is an acceptable minimum for "normal use," or probable use without buzzing or interference. The higher the combined ratings — adding the immunity rating of your hearing aid to the emissions rating (or telecoil coupling capability rating) of your wireless handset — the less interference you may experience.
Mobile phones for use with hearing aids
If you use your hearing aid in Microphone mode (M), look for a phone with an M3 or M4 rating. If you prefer telecoil coupling (T), look for a phone with T3 or T4 rating.
Hearing aids for use with wireless devices
Hearing aids for use with wireless devices should have an immunity rating of M2 at a minimum. Because hearing aids are custom devices, however, it may not be possible to know the exact rating. If the immunity rating of your hearing aid is not available, ask your hearing aid manufacturer or audiologist if your hearing aid includes cell phone shielding or has increased immunity to RF interference.
When paired with a hearing aid with a minimum M2 immunity rating, the following Nokia devices are recommended for compatible use. Please check with your service provider for availability. To learn more about the features of these phones, please visit www.nokiausa.com.
Model M/T Value LPS-4 TTY Connectivity Nokia 2115i M3 Yes Yes* Nokia 2365i M3/T4 Yes Yes Nokia 2366i M3/T4 Yes Yes Nokia 2855i M3 Yes Yes Nokia 2865i M3 Yes Yes Nokia 3155i M4 Yes Yes
http://www.nokiaaccessibility.com/hac.html 12/9/2007 Nokia Accessibility: Hearing Aid Compatibility Page 2 of 2
Nokia 6015i M3 Yes Yes Nokia 6060 M3 No Yes* Nokia 6061 M3 No Yes* Nokia 6085 M3/T3 Yes Yes Nokia 6101 (h) M3 Yes Yes* Nokia 6102 (h) M3 Yes Yes* Nokia 6126 (h) M3/T3 Yes Yes* Nokia 6133 (h) M3/T3 Yes Yes* Nokia 6155i M3 Yes Yes Nokia 6165i M4/T4 Yes Yes Nokia 6215i M4/T4 Yes Yes Nokia 6225 M4 Yes Yes Nokia 6255i M4 Yes Yes Nokia 6265i M3/T4 Yes Yes Nokia 6275i M4 Yes Yes Nokia 6305i M3 Yes Yes Nokia 6315i M4 Yes Yes Nokia 6555 M3/T3 No Yes
* Requires connectivity with HDA-10 phone adapter.
The Nokia LPS-4 is a handsfree loopset for users with t-coil-equipped hearing aids.
If you have questions about hearing aid compatibility with digital wireless devices, please contact Nokia Customer Care or write to the Nokia accessibility group.
Nokia World Wide Nokia support
Site index Site terms Privacy policy Accessibility statement
http://www.nokiaaccessibility.com/hac.html 12/9/2007
Attachment B Pictures of Motorola V3i Phone & Packaging – FCC ID IHDT56EU1
Motorola MOTORAZR V3i [device w/FCC ID IHDT56EU1] – packaging front view
Motorola MOTORAZR V3i [device w/FCC ID IHDT56EU1] – device front view
Motorola MOTORAZR V3i [device w/FCC ID IHDT56EU1] – rear view w/battery removed NOTE: V3i model number and MicroSD memory card slot to the left of the SIM card slot.
) •
,II
RAZR V3i GSM
motorola.com
HELLOMOTO
Introducing your new Motorola RAZR V3i GSM wireless phone.
r-;;J.~-~ :-. Smart Key M ~ Voice Key --~D- / ...ht...... Menu Key lv::'/iTune5® Key Open menus. / / 1-- . ~_ "\. V /Power/End Key Left Soft Key I~A) n' V Turn on/off, hang up, exit menus. L0\..'K.Ji 1'~ 2"t~ 4- SA -6 Navigation Key Send Key/ 7- 8- "lllI'J9 Navigate menus. Make &answer calls. tf.. 0·' ." 1111111 \ ---rt--_Center Select Key ----- Select menu items.
1
-, DECLARATION UNDER PENALTV OF PERJURY OF JOHN BORLAS
1. My lWTle is John Borw, and I am the Praidcnt ofITkE Overseas, Inc., 122 Wesl Harmon lndu$aiaI Pad: Road, TamlDlirJa, Guam.
2. I hereby certify under pelll.lty ofpe!j\ll)' that I have reviewed the fort:g<>ing An:1endment 10 Petition for Temponry WBiverOl"T~Slay, and ClICcpt for lhose mancn ofwhi<::b tbe ftderBl CommunicBlions Commission may take official notice. or those matten arnibuted 10 other pcnons, the factual Bsscrtions set forth in the Petition BTC lI'\Ie and correct to the bc:.l ~ knowledge.
Daled: December.!!..... 2001