T-Mobile Fined $819K by FCC Over Hearing Aid Law

T-Mobile USA is facing an $819,000 fine for violating FCC requirements to offer cell phones compatible with hearing aids. The company appears to be the only top-tier wireless provider to be fined by the FCC for failing to comply with the hearing aid compatibility rules, according to a list of companies that violated the regulations posted on the agency's website. The 2003 regulations are intended to make it easier for consumers with hearing loss to use wireless devices. Carriers can face a maximum $1.5 million fine for each failure to comply with the law. T-Mobile allegedly fell short of the number of hearing-aid-compatible handsets it was supposed to carry under the regulations during all of 2009 and for seven months in 2010. The FCC set out staggered deadlines between 2008 and 2011 for the wireless industry to get up to speed with the rules. During 2009, it was required to carry between three and five of the specialized devices, but didn't meet the standard, "repeatedly falling short each month during the year by as many as four handset models." The problem continued into 2010, when it was supposed to offer between five and seven of the handsets, but "repeatedly falling short by at least one and by as many as three handset models." “During this extended period of noncompliance, T-Mobile was short by a total of 52 handset models—a deficiency which gave potentially large number of consumers with hearing disabilities far fewer choices of compatible handsets than the minimum numbers required by our rules," the FCC said in a notice of apparent liability for forfeiture posted late last week to its website. A T-Mobile spokeswoman said in a statement that it is "committed to providing high-quality products and services to all of its customers, including a broad selection of handsets that are hearing aid compatible. T-Mobile takes seriously its obligations to comply with its hearing aid compatibility responsibilities as part of our overall commitment to the accessibility needs of our customers." The FCC claims T-Mobile inaccurately reported the number of WCDMA and GSM handsets it covered that were compatible with hearing aids. T-Mobile reportedly told the FCC the inaccuracies stemmed from flawed manufacturer reports on hearing aid compatibility ratings for "several" models, according to the agency's statement. In January 2010, the FCC announced it was fining several regional providers and handset manufacturers for failing to bring themselves in line with the rules. Apple, ZTE, Cincinnati Bell Wireless and Alaskan operator General Communication Inc. were among the dozens of companies to be fined under the regulations since 2007.