The Federal Communications Commission (FCC) has mandated that all digital mobile service providers subject to FCC Rule 20.19, including mobile virtual network operators (MVNOs) and resellers, file the annual Hearing Aid Compatibility (HAC) Certification (Form 855) by January 31, 2025. The certification requires providers to confirm their compliance with HAC rules, report any non-compliance, and disclose the percentage of HAC-compliant handsets offered during the covered period (January 1, 2024 – December 31, 2024).
However, the applicability of this filing requirement to providers selling only eSIM-based wireless services—without directly selling or distributing physical handsets—remains unclear. Given the FCC’s focus on the technical and functional aspects of handsets rather than service enablement, there is a strong argument that providers who do not physically offer or resell handsets may not be subject to the Form 855 requirement.
Who Must File & How
FCC Form 855 applies to all digital mobile service providers offering handsets for sale or use in the United States, including MVNOs and resellers. Even providers exempt under the de minimis exception (FCC Rule 20.19(e)) must still file. The filing requires service providers to:
- Certify compliance with HAC requirements for the covered calendar year.
- Report on the percentage of HAC-compliant handsets offered during the year.
- Explain any instances of non-compliance and the corrective actions taken.
- Provide a link to their publicly accessible HAC webpage with handset details.
The certification must be filed electronically via the FCC’s Form 855 online portal by January 31, 2025. Failure to comply can result in FCC enforcement actions and penalties.
Key Issues for E-SIM-Based Wireless Providers
- FCC Form 855 Filing Requirement & HAC Compliance Obligations
- The FCC requires wireless carriers, MVNOs, and resellers that offer handsets for sale or use in the U.S. to file Form 855 and comply with HAC requirements.
- However, the FCC’s HAC rules focus on the technical functionality of handsets, ensuring that they integrate hearing aid compatibility via internal technology and Bluetooth accessibility.
- Manufacturers are the primary entities responsible for ensuring that all handsets meet HAC technical requirements, while service providers must ensure that all handsets, they offer are HAC-compliant under a phased compliance timeline (100% HAC-compliance by 2028).
- Ambiguity for Wireless Providers That Only Enable Service (eSIM-Based Providers)
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- The rule applies to entities that “offer handsets for sale or use.”
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- Providers offering wireless service via eSIMs—but not physically selling, distributing, or reselling handsets—do not directly control device selection, availability, or compliance with HAC technical standards.
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- Since eSIM activation enables service on a consumer’s pre-existing device, there is no direct connection between the provider’s service offering and the technical compliance of the handset itself. This could suggest that the FCC may not intend for these providers to file Form 855.
- Since eSIM activation enables service on a consumer’s pre-existing device, there is no direct connection between the provider’s service offering and the technical compliance of the handset itself. This could suggest that the FCC may not intend for these providers to file Form 855.
- Regulatory & Compliance Considerations
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- FCC’s Enforcement Approach: While the FCC has historically interpreted compliance obligations broadly, its HAC rules primarily regulate device functionality—meaning it is possible that the Form 855 filing obligation does not extend to service providers who do not physically provide handsets.
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- Industry Implications: As HAC rules transition toward 100% compliance by 2028, the FCC’s interpretation of what constitutes “offering a handset” may evolve. Providers that only enable service (e.g., eSIM-only carriers) should continue to monitor regulatory updates and precedents.
How We Can Help – Navigating This Ambiguity
The lack of clear FCC guidance on whether eSIM-only providers must file creates compliance uncertainty for many wireless providers. Given the FCC’s history of broad enforcement, it is critical to assess your company’s risk exposure and filing obligations carefully.
Our team is here to help you navigate this regulatory gray area and determine whether your business must file Form 855. We offer tailored regulatory assessments, direct engagement with the FCC for clarification, and filing assistance to ensure your company remains compliant while avoiding unnecessary regulatory burdens.
If you sell wireless services through eSIMs but do not offer or resell physical handsets, we strongly encourage you to contact us for an individualized compliance review before the January 31, 2025, deadline.
NEED HELP WITH FCC COMPLIANCE?
As always, our firm remains committed to providing up-to-date legal guidance and support to help our clients navigate the ever-evolving digital landscape. Companies should carefully review the accessibility of their video conferencing services in light of new FCC rules. Our firm is available to provide comprehensive compliance support so that your firm meets the Communications Act and the FCC standards and avoids costly legal exposure.
Michal Nowicki – Tel: 703-714-1311 / E-mail: mjn@commlawgroup.com
