WASHINGTON-In a move that could reignite the debate over the wireless industry’s responsibility to physically challenged Americans, a Colorado-based maker of a device enabling hearing-impaired people to use mobile phones said it will file a complaint against Qualcomm Inc. this week for violating disability access provisions of the 1996 telecom act.
Jo Waldron, co-owner of Phoenix Management Inc. and developer of the HATIS (Hearing Aid Interconnection System), said she will file a complaint against Qualcomm this Wednesday under section 255 of the telecom act.
“The bottom line is that under section 255 an individual without a disability can go into a wireless store and buy a phone but a person with a disability cannot,” said Waldron.
Some digital mobile phones interfere with hearing aids, creating a loud buzzing noise to those wearing them.
The dispute appears to have been touched off by Qualcomm’s decision this month not to buy HATIS devices from Phoenix Management.
“We believe that based on your current pricing, the HATIS Systems are too expensive for the intended end-user market,” said Susan Hennenfent, product manager for Qualcomm, in an April 2 letter to Waldron.
“Furthermore,” said Hennenfent, “your payment terms are inconsistent with industry standards.”
Qualcomm did not immediately respond with a comment on the impending complaint.
It is unclear how the FCC will respond. Telecom act disability-access obligations are new and have not been tested.
However, FCC Chairman Bill Kennard has said disability access to telecommunications is a high priority.
When the issue of wireless phone access to hearing-impaired individuals came up a few years ago, former FCC chairman Reed Hundt threatened to pursue a regulatory solution if the industry and the hearing-impaired community could not come up with one of their own.
Since then, some progress has been made on that front between the wireless industry and disability groups.
