Reminder: FCC Filing Due January 15, 2010

Kelley Drye Client Advisory

Please be reminded of the upcoming due date for the Report listed below:

FCC Form 655 – Service Provider Hearing Aid Compatibility Status Report

All providers of digital commercial mobile radio service (“CMRS”) must file, by midnight January 15, 2010, FCC Form 655 reporting on the status of the provider’s compliance with the Federal Communications Commission’s (“FCC”) rule 20.19 hearing aid compatible handset requirements. FCC Form 655 must be submitted electronically via the FCC’s website and is available on the FCC’s website at http://​wire​less​.fcc​.gov/hac.

Who Must file:

All service providers within the scope of FCC rule 20.19 including resellers, mobile virtual network operators (“MVNO”), holders of spectrum usage rights and providers that come within the de minimis exception of the rule.

Rule 20.19 applies to providers of digital CMRS in the United States that meet the following specifications:

(i) to the extent that they offer real-time, two-way switched voice or data service that is interconnected with the public switched network; and

(ii) utilize an in-network switching facility that enables the provider to reuse frequencies and accomplish seamless hand-offs of subscriber calls; and

(iii) such service is provided over frequencies in the 800-950 MHz or 1.6-2.5 GHz bands using any air interface for which technical standards are stated in the standard document American National Standard Methods of Measurement of Compatibility Between Wireless Communication Devices and Hearing Aids.” (ANSI C63.19-2007 (June 8, 2007)).

Time Period Covered by Report

The report covers the time period January 1, 2009 – December 31, 2009.

Please be advised that attorneys in Kelley Drye & Warren’s Communications practice group are experienced in addressing issues related to the hearing aid compatibility handset reports. For more information regarding this client advisory, please contact your usual Kelley Drye attorney or any member of the Communications practice group.