[WT Docket No. 20-3; FCC 20-6; FRS 16479] HEADStandards for Hearing Aid-Compatible Handsets

Published date06 March 2020
Record Number2020-03149
SectionProposed rules
CourtFederal Communications Commission
Federal Register, Volume 85 Issue 45 (Friday, March 6, 2020)
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
                [Proposed Rules]
                [Pages 13119-13128]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-03149]
                [[Page 13119]]
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                FEDERAL COMMUNICATIONS COMMISSION
                47 CFR Parts 2, 20 and 68
                [WT Docket No. 20-3; FCC 20-6; FRS 16479]
                Standards for Hearing Aid-Compatible Handsets
                AGENCY: Federal Communications Commission.
                ACTION: Proposed rule.
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                SUMMARY: In this document, the Federal Communications Commission
                (``Commission'') proposes to adopt a new hearing aid compatibility
                technical standard and make related implementation revisions.
                DATES: Interested parties may file comments on or before April 6, 2020,
                and reply comments on or April 20, 2020.
                ADDRESSES: You may submit comments and reply comments on or before the
                dates indicated in the DATES section above. Comments may be filed using
                the Commission's Electronic Comment Filing System (ECFS). See
                Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
                (1998). All filings related to this document shall refer to WT Docket
                No. 20-3.
                 [ssquf] Electronic Filers: Comments may be filed electronically
                using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
                 [ssquf] Paper Filers: Parties who choose to file by paper must file
                an original and one copy of each filing.
                 Filings can be sent by hand or messenger delivery, by commercial
                overnight courier, or by first-class or overnight U.S. Postal Service
                mail. All filings must be addressed to the Commission's Secretary,
                Office of the Secretary, Federal Communications Commission.
                 [ssquf] All hand-delivered or messenger-delivered paper filings for
                the Commission's Secretary must be delivered to FCC Headquarters at 445
                12th Street SW, Room TW-A325, Washington, DC 20554. The filing hours
                are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
                with rubber bands or fasteners. Any envelopes and boxes must be
                disposed of before entering the building.
                 [ssquf] Commercial overnight mail (other than U.S. Postal Service
                Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
                Annapolis Junction, MD 20701.
                 [ssquf] U.S. Postal Service First-Class, Express, and Priority mail
                must be addressed to 445 12th Street SW, Washington, DC 20554.
                 People with Disabilities. To request materials in accessible
                formats for people with disabilities (Braille, large print, electronic
                files, audio format), send an email to [email protected] or call the
                Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
                418-0432 (TTY).
                 For additional information on the rulemaking process, see the
                SUPPLEMENTARY INFORMATION section of this document.
                FOR FURTHER INFORMATION CONTACT: For further information on this
                proceeding, contact Eli Johnson, [email protected], of the Wireless
                Telecommunications Bureau, Competition & Infrastructure Policy
                Division, (202) 418-1395. For information on the Paperwork Reduction
                Act proposed information collection requirements, contact Cathy
                Williams, [email protected].
                SUPPLEMENTARY INFORMATION: This is a summary of the Federal
                Communications Commission's Notice of Proposed Rulemaking (NPRM), in WT
                Docket No. 20-3; FCC 20-6, adopted January 30, 2020, and released on
                January 30, 2020. The document is available for download at https://www.fcc.gov/edocs. The complete text of this document is also available
                for inspection and copying during normal business hours in the FCC
                Reference Information Center, Portals II, 445 12th Street SW, Room CY-
                A257, Washington, DC 20554. To request materials in accessible formats
                for people with disabilities (Braille, large print, electronic files,
                audio format), send an email to [email protected] or call the Consumer &
                Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
                (TTY).
                Synopsis
                I. NPRM
                 1. In this Notice of Proposed Rulemaking, the Commission proposes
                to incorporate by reference a new 2019 ANSI Standard (ANSI C63.19-2019,
                American National Standard Methods of Measurement of Compatibility
                Between Wireless Communication Devices and Hearing Aids, August 19,
                2019 (2019 ANSI standard)) into its rules and to make it the exclusive
                testing standard for determining hearing aid compatibility after a two-
                year transition. The Commission's rules presently incorporate by
                reference the 2007 version of this standard (ANSI C63.19-2007, American
                National Standard Methods of Measurement of Compatibility Between
                Wireless Communication Devices and Hearing Aids, June 8, 2007 (2007
                ANSI standard)) and the 2011 version of this standard (ANSI C63.19-
                2011, American National Standard Methods of Measurement of
                Compatibility Between Wireless Communication Devices and Hearing Aids,
                May 27, 2011 (2011 ANSI standard)). In addition, to incorporating by
                reference the 2019 ANSI standard, the Commission proposes to extend a
                volume control deadline until the start of the exclusive use of the
                2019 ANSI Standard. Finally, the Commission proposes to remove
                unnecessary or superseded rule provisions and seeks comment on ways to
                simplify and update the hearing aid compatibility rules.
                A. Codification of the 2019 ANSI Standard
                 2. Consistent with past practice, the Commission proposes to
                incorporate by reference the 2019 ANSI Standard into its rules as the
                exclusive technical standard for evaluating the hearing aid
                compatibility of wireless handsets. The Commission has long recognized
                that its hearing aid compatibility rules should evolve as revisions to
                ANSI standards are developed over time. To this end, the Commission has
                encouraged the ANSI Committee to periodically work with relevant
                stakeholders to review hearing aid compatibility issues and determine
                whether improvements to the standard are warranted. Accordingly, the
                Commission proposes to amend its rules to use the 2019 ANSI standard as
                the exclusive standard for determining hearing aid compatibility after
                the expiration of a two-year transition period. After the expiration of
                the transition period, new handsets models would have to be certified
                under this standard as hearing aid-compatible in order for
                manufacturers and service providers to use these new handsets to meet
                their handset deployment requirements.
                 3. The Commission anticipates that using the 2019 ANSI standard to
                determine whether a handset is hearing aid-compatible for purposes of
                its rules will serve the public interest by establishing standards for
                new devices and operations over additional frequency bands. The 2019
                ANSI standard includes volume control metrics for the first time, and
                covers newer technologies and devices operating in the frequency range
                of 614 MHz to 6 GHz, as compared to the 2011 ANSI standard's frequency
                range of 698 MHz to 6 GHz. New testing methodologies in the 2019 ANSI
                standard should also improve the measurement of potential hearing aid
                [[Page 13120]]
                interference. The new standard no longer uses the M/T category system,
                achieves harmonization with hearing aid standards that apply to other
                types of equipment, and changes several testing procedures meant to
                improve the consumer experience and reduce testing burdens.
                 4. If the Commission adopts the 2019 ANSI standard, it proposes to
                treat handsets operating over multiple frequency bands or air
                interfaces in the same manner as under its current rules. That is, a
                handset operating only in the ranges specified in the 2019 ANSI
                standard would be required to satisfy that standard for all frequency
                bands and air interfaces over which it operates. But if a handset also
                operates in frequency ranges not addressed by the 2019 ANSI standard,
                it would be considered hearing aid-compatible as long as it satisfies
                the 2019 ANSI Standard for those frequencies covered by the standard.
                 5. The Commission seeks comment on its proposal to adopt the 2019
                ANSI standard. Do commenters agree that the new standard is consistent
                with the requirement that handsets ``produce sound levels suitable for
                persons with hearing loss (including persons with and without hearing
                aids),'' would improve the measurement of potential hearing aid
                interference, and would reduce the testing burden? Would adoption of
                the standard impose costs on manufacturers or service providers that
                are reasonable in light of its benefits?
                 6. The Commission recognizes that the 2019 ANSI standard does not
                cover frequencies above 6 GHz, as the higher millimeter wave
                frequencies were not commonly used in mobile handsets at the time the
                standard was being developed. The Commission therefore takes this
                opportunity to fulfill its statutory obligation to assess whether to
                continue to exempt handsets operating in frequencies above 6 GHz from
                the statutory hearing aid compatibility requirements. Section 710 of
                the Communications Act of 1934, as amended, exempts ``telephones used
                with public mobile services'' from the hearing aid compatibility
                requirements but directs the Commission to assess periodically the
                ``appropriateness of continuing in effect'' those exemptions. The
                Commission has partially revoked the statutory exemption for wireless
                handsets operating below 6 GHz, but has not had occasion to assess the
                exemption recently for handsets operating above 6 GHz. Accordingly, the
                Commission seeks comment generally on whether to continue to exempt
                handsets operating with frequencies above 6 GHz from the hearing aid
                compatibility requirements. What is the effect, if any, on hearing aid
                users from mobile handset operations in the mmW frequencies? What is
                the impact on individuals with hearing loss of excluding frequencies
                above 6 GHz from the compatibility requirements? As a practical matter,
                do higher frequencies pose the same interference concerns as the lower
                frequencies for hearing aids? Is compliance with the hearing aid
                compatibility standards technologically feasible for devices operating
                over 6 GHz? What would be the additional cost of testing in higher
                frequencies used by 5G? Would these additional costs limit innovation
                for handsets operating in the higher frequencies?
                 7. As indicated above, the 2019 ANSI standard revises how hearing
                aid compatibility is determined between wireless handsets and hearing
                aids and, for the first time, requires handsets to meet a volume
                control requirement in order to be considered hearing aid-compatible
                under that standard. The new standard specifies testing procedures for
                new technologies and devices operating in the frequency range of 614
                MHz to 6 GHz and replaces the present numerical M/T rating system with
                a simple set of requirements and thresholds. As a result of these
                changes, the new standard will improve the experience of hearing aid
                users, including those who use cochlear implants, while at the same
                time reducing testing burdens. The standard is available for inspection
                at the Federal Communications Commission (FCC), 445 12th St. SW,
                Reference Information Center, Room CY-A257, Washington, DC 20554, (202)
                418-0270. The standard is available for purchase from IEEE Operations
                Center, 445 Hoes Lane, Piscataway, NJ 08854-4141, by calling (732) 981-
                0060, or going to https://standards.ieee.org/.
                B. Transition Period
                 8. In its filing, the ANSI Committee urges the Commission to adopt
                an ``appropriate'' transition period for implementing the new standard,
                but it does not recommend a particular length of time. The Commission
                agrees that manufacturers and service providers will likely require
                some transition period in order to design, manufacture, and market
                equipment that satisfies the 2019 ANSI Standard for hearing aid
                compatibility, and the Commission seeks comment on how much time is
                reasonably needed. The Commission proposes to phase out the 2011 ANSI
                standard over a transition period of two (2) years from the date the
                order adopting the 2019 ANSI standard is published in the Federal
                Register. The Commission used a two-year transition period before
                making the 2007 ANSI standard the exclusive testing standard for
                hearing aid compatibility and a two-year transition period before
                requiring the 2011 ANSI standard be used for meeting hearing aid
                compatibility requirements for newly covered frequency bands and air
                interfaces that were not covered by the 2007 ANSI standard. The
                Commission proposes a similar two-year transition period to
                appropriately balance the design, engineering, and marketing
                requirements of manufacturers and service providers with the needs of
                consumers with hearing loss.
                 9. In assessing its proposed two-year transition period, the
                Commission seeks comment on the steps manufacturers must take to
                implement the 2019 ANSI standard and their implications for the length
                of the transition period. What is the scope and timeline of the design
                changes necessary to incorporate the 2019 ANSI standard into future
                handsets? Commenters should consider manufacturers' product fabrication
                cycles and the practicality of testing multi-band or multi-mode
                handsets in the near-term under the 2019 ANSI standard. Are there
                multi-band or multi-mode handsets planned for near-term introduction
                that meet the hearing aid compatibility criteria for their operations
                covered under the 2011 ANSI standard but do not meet those criteria for
                newly covered operations or revised testing procedures under the 2019
                ANSI standard? What, if any, obstacles do manufacturers anticipate
                facing? Given the clear public interest in moving quickly to make
                advanced technology available to those with hearing loss, the
                Commission urges any commenters proposing a transition of longer than
                two years to provide specific information about why more time is
                needed.
                 10. The Commission further seeks comment on the effect its proposed
                transition period likely will have on the Commission's ability to
                decide by 2024 whether to require 100% of covered handsets to be
                hearing aid-compatible. Does a two-year transition period encourage
                manufacturers to increase the number of hearing aid-compatible handsets
                they produce or help them eventually achieve 100% hearing aid-
                compatibility? Or would the design changes required by the 2019 ANSI
                standard negatively affect the ability of device manufacturers to meet
                any requirement the Commission may determine to impose that all covered
                handsets be hearing aid-compatible by a certain date in the future? Are
                there any
                [[Page 13121]]
                issues related to the pending 100% proceeding that the Commission
                should consider with respect to making the 2019 ANSI standard the
                exclusive testing standard going forward? Commenters should fully
                explain any relationship between the adoption of the 2019 ANSI standard
                as the exclusive testing standard and the potential requirement for
                100% of handsets to be hearing aid-compatible.
                 11. Although the Commission proposes to allow a two-year transition
                period before requiring exclusive use of the 2019 ANSI Standard,
                including its volume control requirements, it notes that manufacturers
                currently have a deadline in less than a year-and-a-half to ensure that
                wireless handsets are ``equipped with volume control that produces
                sound levels suitable for persons with hearing loss (including persons
                with and without hearing aids).'' The Commission proposes to extend
                this volume control deadline so that it coincides with the start of the
                exclusive use of the 2019 ANSI standard. The Commission seeks comment
                on this proposal. Would retaining disparate deadlines for volume
                control and exclusive use of the 2019 ANSI standard effectively require
                manufacturers to develop new handsets to meet the volume control
                deadline and then develop a new batch of handsets to satisfy the 2019
                standard? Commenters should be specific about the costs and benefits of
                their proposed approach.
                 12. Consistent with past transitions to new standards, the
                Commission proposes permitting new handset models to be tested for
                certification using either the 2011 or 2019 ANSI standards during the
                transition period. Consistent with the 1988 Hearing Aid Compatibility
                Act and the current rules, the Commission proposes that all existing
                hearing aid compatibility certifications issued prior to and within the
                transition period, including certifications under the 2011 ANSI
                standard as well as any earlier versions of the standard, would remain
                valid. As a result, no existing handset models would need to be
                retested or recertified as hearing aid-compatible. The Commission seeks
                comment on this approach.
                 13. The Commission notes that the Commission's existing handset
                certification procedures do not permit a handset model to be tested and
                certified partly under one version of the ANSI standard and partly
                under another. The Commission has taken this approach because each ANSI
                standard has its own complete set of testing procedures and mixing
                these procedures will result in a meaningless outcome. Consistent with
                this long-established certification practice, the Commission proposes
                that manufacturers continue to be required to test a new handset model
                exclusively under either the 2011 ANSI standard or the 2019 ANSI
                standard during the transition period. After the end of the transition
                period, the Commission proposes that new handset models be required to
                satisfy fully the 2019 ANSI standard, including its volume control
                requirements, for all of the frequency bands covered by the standard to
                be considered hearing aid-compatible. The Commission seeks comment on
                this proposal.
                C. Meeting Deployment Benchmarks
                 14. Subject to a de minimis exception, handset manufacturers and
                service providers must offer minimum numbers of hearing aid-compatible
                handset models for each covered air interface over which its handsets
                operate. Depending on the type and size of an entity and the point in
                time, manufacturers and providers will need to ensure that either 66%
                or 85% of their handset models are hearing aid-compatible. Under the
                2011 ANSI standard, this means that a handset must be rated M3 or
                higher and T3 or higher for any given air interface. With respect to
                the 2019 ANSI standard, for the handset to be hearing aid-compatible
                over a covered air interface, the handset must meet the requirements
                for both acoustic and inductive coupling modes for that air interface,
                including the volume control requirements.
                 15. If the Commission adopts the 2019 ANSI standard going forward,
                it proposes to allow manufacturers and service providers to meet the
                requirement to offer minimum numbers of hearing aid-compatible handsets
                by counting the models certified under the 2019 ANSI standard and
                handset models already certified under earlier versions of the standard
                (i.e., the 2007 and 2011 versions of the standard) as long as those
                models are still being offered for sale. As more and more handset
                models become certified under the 2019 ANSI standard, the Commission
                expects that handset models certified under older versions of the ANSI
                standard will cease being offered for sale and will be replaced with
                new models certified under the 2019 ANSI standard. Manufacturers and
                national wireless providers are already required to ensure that 66% of
                the handsets they offer are hearing aid-compatible, and the Commission
                expects handsets meeting the 2019 ANSI standard to be common within a
                few years after the end of the transition period. The Commission also
                notes that, while manufacturers would not be required to certify their
                new handset models under the 2019 ANSI standard during the transition
                period in order to meet their minimum deployment benchmarks, they may
                find using the 2019 standard advantageous from a marketing perspective.
                The Commission seeks comment on this proposal. What are the costs and
                benefits to device manufacturers, service providers, and consumers with
                hearing loss of allowing handsets certified under previous ANSI
                standards to count toward the minimum number of hearing aid-compatible
                handsets that must be offered? Are there reasons to impose new
                requirements on manufacturers and service providers to offer minimum
                numbers of handsets certified to comply with the 2019 ANSI standard?
                D. Labeling Requirements
                 16. The Commission proposes to update and modernize its hearing aid
                compatibility labeling requirements in order to eliminate outdated
                provisions and to streamline and clarify these requirements. The 1988
                Hearing Aid Compatibility Act provides that the Commission ``shall
                establish . . . requirements for the labeling of packaging materials .
                . . to provide adequate information to consumers on the compatibility
                between telephones and hearing aids.'' This Congressional directive
                requires us to ensure that consumers have sufficient information to
                make an informed decision when selecting hearing aid-compatible
                handsets. Given this directive, the Commission proposes to simplify its
                current hearing aid compatibility labeling requirements so that
                consumers will have the easily understandable information they need in
                order to understand and evaluate the hearing aid compatibility of a
                particular handset. In making this proposal, the Commission is mindful
                that its labeling requirements must not only cover new handset models
                certified under the 2019 ANSI standard but also cover handset models
                that are still being offered for sale and that have been certified as
                hearing aid-compatible under older versions of the ANSI standard.
                 17. The Commission's current labeling requirements are composed of
                four parts. The first requires manufacturers and service providers to
                ensure that a label on the exterior packaging of a wireless handset
                indicates the M- and T-rating of the handset model under the 2011 ANSI
                Standard. Under the 2019 ANSI Standard, however, this information would
                no longer be relevant because the new standard does not use a rating
                [[Page 13122]]
                system. The second part requires manufacturers and service providers to
                display information on the handset's volume control capabilities. The
                third part establishes labeling requirements related to handsets that
                are considered hearing aid-compatible with respect to some, but not all
                of their frequency bands and air interfaces. The fourth part imposes
                disclosure requirements relating to handsets that allow users to reduce
                the maximum power for GSM operation in the 1900 MHz band. This power
                down exception was eliminated when the Commission adopted the 2011 ANSI
                standard as the exclusive testing standard.
                 18. With the objectives of modernizing and streamlining its rules,
                the Commission proposes to reorganize its existing hearing aid
                compatibility labeling requirements by requiring the following:
                 (1) For all handset models certified to be hearing aid-
                compatible, manufacturers and service providers shall disclose to
                consumers through clear and effective means (e.g., inclusion of
                packaging materials, user manuals, call-out cards or other physical
                media):
                 (i) That the handset is hearing aid-compatible (including
                placing this information on the handset's packaging label);
                 (ii) The air interfaces on the handset that are not hearing aid-
                compatible, if applicable, or have been determined to be hearing
                aid-compatible under special testing circumstances;
                 (iii) The ANSI standard that was used to determine the hearing
                aid compatibility of the handset model's air interfaces; and
                 (iv) If using the 2011 ANSI standard or earlier, the lowest
                hearing aid compatibility rating assigned to any of the air
                interfaces.
                 (2) Any handset model certified to be hearing aid-compatible but
                with one or more air interfaces that are not hearing aid-compatible
                must include the following language:
                 This phone has been tested and certified for use with hearing
                aids for some of the wireless technologies that it uses. However,
                there may be some newer wireless technologies used in this phone
                that have not been tested yet for use with hearing aids. It is
                important to try the different features of this phone thoroughly and
                in different locations, using your hearing aid or cochlear implant,
                to determine if you hear any interfering noise. Consult your service
                provider or the manufacturer of this phone for information on
                hearing aid compatibility. If you have questions about return or
                exchange policies, consult your service provider or phone retailer.
                 (3) For those handset models that have been certified as having
                met the 2019 ANSI standard's volume control requirement,
                manufacturers and service providers must clearly display information
                indicating the handset's amplification capabilities, including
                numerical metrics or ratings for handset volume control, on the
                packaging material of the handset and must also provide an
                explanation of those capabilities in the handset's user manual or as
                an insert in the packaging material for the handset. The volume
                control metrics or ratings displayed shall be the lowest metrics or
                ratings assigned to the handset for any air interface or frequency
                band.
                 19. The Commission proposes to modify its current volume control
                labeling requirement to delete the pending volume control compliance
                date and the cross reference currently contained in the rule, and to
                make implementation of the rule easier for manufacturers and service
                providers to follow. Given that its current labeling requirement was
                adopted prior to the volume control technical standard being released
                as part of the 2019 ANSI Standard, the Commission believes that these
                changes will provide clarity and aid compliance. The Commission seeks
                comment on whether its revised volume control labeling requirement will
                provide consumers with sufficient information to make an informed
                decision about a handset's volume control capabilities. If more
                information is required, the Commission seeks comment on what
                additional information is needed, why, and where that information
                should be displayed (e.g., label, package insert, or user manual).
                 20. More generally the Commission seeks comment on whether its
                proposed revised labeling and disclosure requirements are
                straightforward and conspicuous enough for consumers to understand the
                hearing aid compatibility of a particular handset model. Does its
                proposal take into consideration the information that a consumer needs
                to know to make an informed decision both with respect to handset
                models certified under the 2019 ANSI standard and those that are still
                being offered for sale that have been certified under older versions of
                the standard? Is there any additional information that consumers should
                be informed of when considering hearing aid-compatible handsets?
                Consistent with the existing labeling rule, the Commission's proposal
                requires manufacturers and service providers to disclose on a handset's
                packaging label if the handset is hearing aid-compatible and additional
                information on the handset's packaging label if the handset meets the
                volume control requirement. Further, consistent with the existing
                labeling requirement, the Commission's proposal requires manufacturers
                and service providers to disclose other hearing aid compatibility
                information through clear and effective means such as packaging labels,
                user manuals and instructions, call-out cards or other appropriate
                media. Are these methods of disclosure sufficient to meet consumer
                needs? What, if any, additional information should be required and
                where should this information be displayed? The Commission also seeks
                comment on whether it should continue to require service providers to
                make handsets available for in-store testing by consumers and whether a
                transition period is needed before its proposed new labeling
                requirements become effective.
                E. Other Rule Changes
                 21. Section 20.19. The Commission seeks comment on whether to
                revise certain other provisions in section 20.19 to streamline and
                update its hearing aid compatibility requirements.
                 21. With the rapid pace of handset development and the number of
                new handsets that come to market each year, the Commission proposes to
                delete the ``refresh'' and ``differing levels of functionality''
                requirements contained in the Commission's hearing aid compatibility
                rules. These requirements require manufacturers and service providers
                to ``refresh'' and offer a range of hearing aid-compatible handset
                models that include a mix of new and existing models. The Commission
                seeks comment about whether these requirements remain necessary as more
                and more handsets are required to be hearing aid-compatible. The
                Commission's current handset deployment benchmarks require 66% of
                offered handset models to be hearing aid-compatible and these
                benchmarks increase to 85% in the near future. Given that these
                benchmarks require a significant majority of handsets to be hearing
                aid-compatible, are the ``refresh'' and ``differing levels of
                functionality'' requirements still necessary to ensure consumers have a
                wide variety of hearing aid-compatible handsets from which to choose?
                Have the Commission's changes to the handset deployment benchmarks
                rendered these requirements unnecessary? Commenters should address the
                costs and benefits to manufacturers, service providers, and consumers
                with hearing loss if the Commission eliminates these requirements. The
                Commission further proposes to make a corresponding change to section
                20.19(h) and delete the requirement that service providers make
                available on their websites information about the ``differing levels of
                functionality'' of each handset they
                [[Page 13123]]
                offer. The Commission seeks comment on its proposal.
                 23. The Commission proposes to revise the date that service
                providers must file certifications of compliance with the Commission's
                hearing aid compatibility provisions and the date that manufacturers
                must file compliance reports. Presently, service provider
                certifications are due January 15 each year and manufacturer reports
                are due July 15 each year. The Commission proposes to move these dates
                to January 31 and July 31, respectively. Under this approach, the
                filing window for service providers would open the first business day
                in January and for manufacturers the first business day in July. This
                change would ensure that service provider certifications and
                manufacturer reports are ``up-to-date as of the last day of the
                calendar month preceding the due date of each report and
                certification.'' The Commission seeks comment on this change.
                 24. Finally, throughout section 20.19, the Commission proposes to
                delete references to implementation dates and benchmarks that have
                already passed. Eliminating these references will simplify the rules
                and make them easier to read and understand. The Commission also
                propose deleting all references to hearing aid compatibility
                requirements and deployment benchmarks that applied to handsets
                certified under the 2007 ANSI standard, except for labeling and
                disclosure requirements related to these handsets. Because all
                certifications under the 2007 ANSI standard remain valid, current
                language in the rule describing the requirements and benchmarks that
                apply to these handsets appears unnecessary. To the extent handsets
                certified under the 2007 ANSI standard are still being offered for
                sale, however, these handsets must be labeled in a manner consistent
                with the Commission's labeling and disclosure requirements. The
                Commission also seek comment on any other ministerial changes to
                section 20.19 that it should consider as it updates Commission rules.
                 25. Section 68.300. The Commission proposes a technical correction
                of section 68.300 of the Commission's rules, which requires labeling of
                hearing aid-compatible telephones. When the Commission amended part 68
                of the rules in 2000 to remove various provisions pertaining to
                registration of terminal equipment connected to the public switched
                telephone network (PSTN), it appears that a definition of the term
                ``permanently affixed,'' which is relevant to the labeling requirement,
                was inadvertently deleted. The Commission proposes to restore an
                updated version of the definition.
                 26. Under section 68.300(b) of the rules, if a telephone that is
                approved for connection to the PSTN is hearing aid-compatible, the
                letters ``HAC'' must be permanently affixed to the telephone. Prior to
                the 2000 amendments, this provision was designated as paragraph (c) of
                section 68.300, and it referenced a definition of ``permanently
                affixed'' contained in what was then paragraph (b). In 2000, the
                Commission deleted the existing paragraph (b)--including the definition
                of ``permanently affixed''--and renumbered paragraph (c) as paragraph
                (b). As a result, section 68.300(b) of the rules now refers to a
                definition that is no longer present in the rule.
                 27. Subsequently, in 2017, the Commission adopted hearing aid
                compatibility rules for telephonic equipment used with advanced
                communications services (ACS telephonic CPE). These rules include an
                updated definition of ``permanently affixed,'' applicable to the
                labeling of such equipment as hearing aid-compatible. To ensure that
                hearing aid compatibility labeling requirements are consistent for both
                PSTN telephones and advanced telephonic CPE, the Commission proposes to
                amend section 68.300(b) to include the same definition currently
                provided in section 68.502(a), as follows:
                 ``Permanently affixed'' means that the label is etched,
                engraved, stamped, silkscreened, indelibly printed, or otherwise
                permanently marked on a permanently attached part of the equipment
                or on a nameplate of metal, plastic, or other material fastened to
                the equipment by welding, riveting, or a permanent adhesive. The
                label must be designed to last the expected lifetime of the
                equipment in the environment in which the equipment may be operated
                and must not be readily detachable.
                 28. Further, the Commission proposes to delete from the paragraph
                the stated requirement date of April 1, 1997, given that the starting
                date has passed. Because there are only minor differences between the
                new and old definitions of ``permanently affixed,'' the Commission does
                not anticipate that these proposed changes will have any significant
                effect on the current practices of hearing aid compatibility
                manufacturers or equipment providers. Therefore, the Commission
                proposes to make this amendment effective in the normal course, 30 days
                after Federal Register publication of the amended rule. The Commission
                seeks comment on these proposed technical corrections and effective
                date.
                II. Procedural Matters
                Initial Regulatory Flexibility Analysis
                 29. As required by the Regulatory Flexibility Act (RFA), the
                Commission has prepared an Initial Regulatory Flexibility Analysis
                (IRFA) of the possible significant economic impact on a substantial
                number of small entities by the policies and rules proposed in the
                Notice of Proposed Rulemaking (NPRM). The IRFA is set forth in Appendix
                B. Written public comments are requested on this IRFA. Comments must be
                identified as responses to the IRFA and must be filed by the deadlines
                for comments provided in the NPRM. The Commission's Consumer and
                Governmental Affairs Bureau, Reference Information Center, will send a
                copy of the NPRM, including this IRFA, to the Chief Counsel for
                Advocacy of the Small Business Administration (SBA). In addition, the
                NPRM and IRFA (or summaries thereof) will be published in the Federal
                Register.
                Ex Parte Presentations
                 30. This proceeding shall be treated as a ``permit-but-disclose''
                proceeding in accordance with the Commission's ex parte rules. 47 CFR
                1.1200 et. seq. Persons making ex parte presentations must file a copy
                of any written presentation or a memorandum summarizing any oral
                presentation within two business days after the presentation (unless a
                different deadline applicable to the Sunshine period applies). Persons
                making oral ex parte presentations are reminded that memoranda
                summarizing the presentation must (1) list all persons attending or
                otherwise participating in the meeting at which the ex parte
                presentation was made, and (2) summarize all data presented and
                arguments made during the presentation. If the presentation consisted
                in whole or in part of the presentation of data or arguments already
                reflected in the presenter's written comments, memoranda or other
                filings in the proceeding, the presenter may provide citations to such
                data or arguments in his or her prior comments, memoranda, or other
                filings (specifying the relevant page and/or paragraph numbers where
                such data or arguments can be found) in lieu of summarizing them in the
                memorandum. Documents shown or given to Commission staff during ex
                parte meetings are deemed to be written ex parte presentations and must
                be filed consistent with rule 1.1206(b). In proceedings governed by
                Rule 1.49(f) or for which the Commission has made available a method of
                electronic filing, written ex
                [[Page 13124]]
                parte presentations and memoranda summarizing oral ex parte
                presentations, and all attachments thereto, must be filed through the
                electronic comment filing system available for that proceeding, and
                must be filed in their native format (e.g., .doc, .xml, .ppt,
                searchable .pdf). Participants in this proceeding should familiarize
                themselves with the Commission's ex parte rules.
                Paperwork Reduction Act
                 31. This document contains proposed new or modified information
                collection requirements. The Commission, as part of its continuing
                effort to reduce paperwork burdens, invites the general public and the
                Office of Management and Budget (OMB) to comment on the information
                collection requirements in this document, subject to the Paperwork
                Reduction Act of 1995 (PRA), Public Law 104-13. In addition, pursuant
                to the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
                see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how
                it might further reduce the information collection burden for small
                business concerns with fewer than 25 employees.
                III. Ordering Clauses
                 Accordingly, it is ordered, pursuant to sections 4(i), 303(r), and
                710 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i),
                303(r), 610, this Notice of Proposed Rulemaking is hereby adopted.
                 It is further ordered that pursuant to applicable procedures set
                forth in sections 1.415 and 1.419 of the Commission's Rules, 47 CFR
                1.415, 1.419, interested parties may file comments on this Notice of
                Proposed Rulemaking on or before April 6, 2020, and reply comments on
                or before April 20, 2020.
                 It is further ordered that WT Docket Nos. 07-250 and 10-254 are
                hereby terminated.
                 It is further ordered that the Commission's Consumer and
                Governmental Affairs Bureau, Reference Information Center, shall send a
                copy of the Notice of Proposed Rulemaking, including the Initial
                Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
                the Small Business Administration.
                List of Subjects in 47 CFR Parts 2, 20 and 68
                 Incorporation by reference, Individuals with disabilities,
                Telecommunications, Telephones.
                Federal Communications Commission.
                Marlene Dortch,
                Secretary.
                Proposed Rules
                 For the reasons discussed in the preamble, the Federal
                Communications Commission proposes to amend title 47 parts 2, 20, and
                68 of the Code of Federal Regulations as follows:
                PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
                REULES AND REGULATIONS
                0
                1. The authority citation for part 2 continues to read as follows:
                 Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
                noted.
                0
                2. Amend Sec. 2.1033 by revising paragraph (d) to read as follows:
                Sec. 2.1033 Application for certification.
                * * * * *
                 (d) Applications for certification of equipment operating under
                part 20 of this chapter, that a manufacturer is seeking to certify as
                hearing aid-compatible, as set forth in Sec. 20.19 of this chapter,
                shall include a statement indicating compliance with the test
                requirements of Sec. 20.19 of this chapter. The manufacturer of the
                equipment shall be responsible for maintaining the test results.
                * * * * *
                PART 20--COMMERCIAL MOBILE RADIO SERVICES
                0
                3. The authority citation for part 20 is revised to read as follows:
                 Authority: 47 U.S.C. 151, 152(a), 154(i), 155, 157, 160, 201,
                214, 222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309,
                309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, 615c, unless
                otherwise noted.
                0
                4. Amend Sec. 20.19 by revising paragraphs (a) through (l) to read as
                follows:
                Sec. 20.19 Hearing aid-compatible mobile handsets.
                 (a) Definitions. For purposes of this section:
                 2007 ANSI standard refers to the technical standard for hearing aid
                compatibility applicable to frequencies between 800 MHz and 3 GHz as
                set forth in the standards document ``American National Standard
                Methods of Measurement of Compatibility Between Wireless Communication
                Devices and Hearing Aids,'' ANSI C63.19-2007 (2007 ANSI standard).
                 2011 ANSI standard refers to the technical standard for hearing aid
                compatibility applicable to frequencies between 698 MHz and 6 GHz as
                set forth in the standards document ``American National Standard
                Methods of Measurement of Compatibility Between Wireless Communication
                Devices and Hearing Aids,'' ANSI C63.19-2011 (2011 ANSI standard).
                 2019 ANSI standard refers to the technical standard for hearing aid
                compatibility applicable to frequencies between 614 MHz and 6 GHz as
                set forth in the standards document ``American National Standard
                Methods of Measurement of Compatibility Between Wireless Communication
                Devices and Hearing Aids,'' ANSI C63.19-2019 (2019 ANSI standard).
                 ANSI standard refers to the 2007, 2011, and 2019 ANSI standards as
                a group.
                 Any version of the ANSI standard previous to the 2019 ANSI standard
                refers to the 2007 and 2011 ANSI standards.
                 Digital mobile service refers to a terrestrial mobile service that
                enables two-way real-time voice communications among members of the
                public or a substantial portion of the public, including both
                interconnected and non-interconnected VoIP services, to the extent that
                such service is provided over frequencies specified in the 2011 ANSI
                standard or the 2019 ANSI standard.
                 Handset refers to a device used in delivery of digital mobile
                service in the United States that contains a built-in speaker and is
                typically held to the ear in any of its ordinary uses.
                 Manufacturer refers to a manufacturer of handsets that are used in
                delivery of digital mobile service, as defined in this section, in the
                United States.
                 Model refers to a wireless handset device that a manufacturer has
                designated as a distinct device model, consistent with its own
                marketing practices. However, if a manufacturer assigns different model
                device designations solely to distinguish units sold to different
                carriers, or to signify other distinctions that do not relate to either
                form, features, or capabilities, such designations shall not count as
                distinct models for purposes of this section.
                 Service provider refers to a provider of digital mobile service, as
                defined in this section, in the United States.
                 Tier I carrier refers to a CMRS provider that offers such service
                nationwide.
                 (b) Hearing aid compatibility; technical standards.--(1) Handset
                compatibility on or after [DATE TWO YEARS AFTER EFFECTIVE DATE OF FINAL
                RULE]. In order to satisfy a manufacturer or service provider's
                [[Page 13125]]
                obligations under paragraphs (c) and (d) of this section, a handset
                submitted for equipment certification or for a permissive change
                relating to hearing aid compatibility on or after [the transition date]
                must meet the 2019 ANSI standard.
                 (2) Handset compatibility before [DATE TWO YEARS AFTER EFFECTIVE
                DATE OF FINAL RULE]. In order to satisfy a manufacturer or service
                provider's obligations under paragraphs (c) and (d) of this section, a
                handset submitted for equipment certification or for a permissive
                change relating to hearing aid compatibility before [the transition
                date] must meet either:
                 (i) At a minimum, the M3 and T3 ratings associated with the 2011
                ANSI standard; or
                 (ii) The 2019 ANSI standard.
                 (3) Handsets operating over multiple frequency bands or air
                interfaces. (i) Beginning on [DATE TWO YEARS AFTER EFFECTIVE DATE OF
                FINAL RULE], a handset that uses only the frequencies specified in the
                2019 ANSI standard is hearing aid-compatible if it meets the 2019 ANSI
                standard for all frequency bands and air interfaces over which it
                operates, and the handset has been certified as compliant with the test
                requirements for the 2019 ANSI standard pursuant to Sec. 2.1033(d) of
                this chapter. A handset that incorporates operations outside the
                frequencies specified in the 2019 ANSI standard is hearing aid-
                compatible if the handset otherwise satisfies the requirements of this
                paragraph (b).
                 (ii) Before [DATE TWO YEARS AFTER EFFECTIVE DATE OF FINAL RULE] a
                handset that uses only the frequencies specified in the 2011 ANSI
                standard is hearing aid-compatible with regard to radio frequency
                interference or inductive coupling if it meets the 2011 ANSI standard
                for all frequency bands and air interfaces over which it operates, and
                the handset has been certified as compliant with the test requirements
                for the 2011 ANSI standard pursuant to Sec. 2.1033(d) of this chapter.
                Before [DATE TWO YEARS AFTER EFFECTIVE DATE OF FINAL RULE], a handset
                that incorporates operations outside the frequencies specified in the
                2011 ANSI standard is hearing aid-compatible if the handset otherwise
                satisfies the requirements of this paragraph (b).
                 (4) All factual questions of whether a handset meets the technical
                standard(s) of this paragraph shall be referred for resolution to the
                Chief, Office of Engineering and Technology, Federal Communications
                Commission, 445 12th Street SW, Washington, DC 20554.
                 (5) A handset certified under any version of the ANSI standard
                previous to the 2019 ANSI standard remains hearing aid-compatible for
                purposes of this section.
                 (c) Phase-in of hearing aid-compatibility requirements. The
                following applies to each manufacturer and service provider that offers
                handsets used to deliver the services specified in paragraph (a) of
                this section and that does not fall within the de minimis exception set
                forth in paragraph (e) of this section.
                 (1) Manufacturers--Number of hearing aid-compatible handset models
                offered. For each digital air interface for which it offers handsets in
                the United States or imported for use in the United States, each
                manufacturer must offer hearing aid compatible handsets as follows:
                 (i) Beginning October 3, 2018, at least sixty-six (66) percent of
                those handset models (rounded down to the nearest whole number) must be
                hearing aid-compatible under paragraph (b) of this section.
                 (ii) Beginning October 4, 2021, at least eighty-five (85) percent
                of those handset models (rounded down to the nearest whole number) must
                be hearing aid-compatible under paragraph (b) of this section.
                 (2) Tier I carriers. For each digital air interface for which it
                offers handsets to customers, each Tier I carrier must:
                 (i) Beginning April 3, 2019, ensure that at least sixty-six (66)
                percent of the handset models it offers are hearing aid-compatible
                under paragraph (b) of this section, calculated based on the total
                number of unique handset models the carrier offers nationwide.
                 (ii) Beginning April 4, 2022, ensure that at least eighty-five (85)
                percent of the handset models it offers are hearing aid-compatible
                under paragraph (b) of this section, calculated based on the total
                number of unique handset models the carrier offers nationwide.
                 (3) Service providers other than Tier I carriers. For each digital
                air interface for which it offers handsets to customers, each service
                provider other than a Tier I carrier must:
                 (i) Beginning April 3, 2020, ensure that at least sixty-six (66)
                percent of the handset models it offers are hearing aid-compatible
                under paragraph (b) of this section, calculated based on the total
                number of unique handset models the carrier offers.
                 (ii) Beginning April 3, 2023, ensure that at least eighty-five (85)
                percent of the handset models it offers are hearing aid-compatible
                under paragraph (b) of this section, calculated based on the total
                number of unique handset models the carrier offers.
                 (4) In-store testing. All service providers must make available for
                consumers to test, in each retail store owned or operated by the
                service provider, all of its handset models that are hearing aid-
                compatible under paragraph (b) of this section.
                 (d) [Reserved]
                 (e) De minimis exception. (1)(i) Manufacturers or service providers
                that offer two or fewer handsets in an air interface in the United
                States are exempt from the requirements of this section in connection
                with that air interface, except with regard to the reporting and
                certification requirements in paragraph (i) of this section. Service
                providers that obtain handsets only from manufacturers that offer two
                or fewer handset models in an air interface in the United States are
                likewise exempt from the requirements of this section other than
                paragraph (i) of this section in connection with that air interface.
                 (ii) Notwithstanding paragraph (e)(1)(i) of this section,
                manufacturers that have had more than 750 employees for at least two
                years and service providers that have had more than 1500 employees for
                at least two years, and that have been offering handsets over an air
                interface for at least two years, that offer one or two handsets in
                that air interface in the United States must offer at least one handset
                model that is hearing aid-compatible under paragraph (b) of this
                section in that air interface. Service providers that obtain handsets
                only from manufacturers that offer one or two handset models in an air
                interface in the United States, and that have had more than 750
                employees for at least two years and have offered handsets over that
                air interface for at least two years, are required to offer at least
                one handset model in that air interface that is hearing aid-compatible
                under paragraph (b) of this section. For purposes of this paragraph,
                employees of a parent, subsidiary, or affiliate company under common
                ownership or control with a manufacturer or service provider are
                considered employees of the manufacturer or service provider.
                Manufacturers and service providers covered by this paragraph must also
                comply with all other requirements of this section.
                 (2) Manufacturers or service providers that offer three handset
                models in an air interface must offer at least one handset model that
                is hearing aid-compatible under paragraph (b) of this section in that
                air interface. Service providers that obtain handsets only from
                manufacturers that offer three handset models in an air interface in
                the United
                [[Page 13126]]
                States are required to offer at least one handset model in that air
                interface that is hearing aid-compatible under paragraph (b) of this
                section.
                 (3) Manufacturers that offer four or five handset models in an air
                interface must offer at least two handset models that are hearing aid-
                compatible under paragraph (b) of this section in that air interface.
                Tier I carriers who offer four handset models in an air interface must
                offer at least two handsets that are hearing aid-compatible under
                paragraph (b) of this section in that air interface and Tier I carriers
                who offer five handset models in an air interface must offer at least
                three handsets that are hearing aid-compatible under paragraph (b) of
                this section in that air interface. Service providers, other than Tier
                I carriers, who offer four handset models in an air interface must
                offer at least two handset models that are hearing aid-compatible under
                paragraph (b) of this section in that air interface and service
                providers, other than Tier I carriers, who offer five handset models in
                an air interface must offer at least three handsets that are hearing
                aid-compatible under paragraph (b) of this section in that air
                interface.
                 (f) Labeling and disclosure requirements for hearing aid-compatible
                handsets. (1) For all handset models certified to be hearing aid-
                compatible, manufacturers and service providers shall disclose to
                consumers through clear and effective means (e.g., inclusion of
                packaging materials, user manuals, call-out cards or other physical
                media):
                 (i) That the handset is hearing aid-compatible (including placing
                this information on the handset's packaging label);
                 (ii) The air interfaces on the handset that are not hearing aid-
                compatible, if applicable, or have been determined to be hearing aid-
                compatible under special testing circumstances;
                 (iii) The ANSI standard that was used to determine the hearing aid
                compatibility of the handset model's air interfaces; and
                 (iv) If using the 2007 ANSI standard or the 2011 ANSI standard, the
                lowest hearing aid compatibility rating assigned to any of the air
                interfaces.
                 (2) Any handset model certified to be hearing aid-compatible but
                with one or more air interfaces that are not hearing aid-compatible
                must include the following language:
                 This phone has been tested and certified for use with hearing
                aids for some of the wireless technologies that it uses. However,
                there may be some newer wireless technologies used in this phone
                that have not been tested yet for use with hearing aids. It is
                important to try the different features of this phone thoroughly and
                in different locations, using your hearing aid or cochlear implant,
                to determine if you hear any interfering noise. Consult your service
                provider or the manufacturer of this phone for information on
                hearing aid compatibility. If you have questions about return or
                exchange policies, consult your service provider or phone retailer.
                 (3) For those handset models that have been certified as having met
                the 2019 ANSI standard's volume control requirement, manufacturers and
                service providers must clearly display information indicating the
                handset's amplification capabilities, including numerical metrics or
                ratings for handset volume control, on the packaging material of the
                handset and an explanation of those capabilities in the handset's user
                manual or as an insert in the packaging material for the handset. The
                volume control metrics or ratings displayed shall be the lowest metrics
                or ratings assigned to the handset for any air interface or frequency
                band.
                 (g) Model designation requirements. Where a manufacturer has made
                physical changes to a handset that result in a change in the hearing
                aid compatibility rating under the 2011 ANSI standard, the altered
                handset must be given a model designation distinct from that of the
                handset prior to its alteration.
                 (h) Website and record retention requirements. (1) Each
                manufacturer and service provider that operates a publicly-accessible
                website must make available on its website a list of all hearing aid-
                compatible models currently offered, the ANSI standard used to evaluate
                hearing aid compatibility, the ratings of those models under the
                relevant ANSI standard, if applicable, and an explanation of the rating
                system. Each service provider must also include on its website: A list
                of all non-hearing aid-compatible models currently offered, as well as
                a link to the current FCC web page containing information about the
                wireless hearing aid compatibility rules and service providers'
                obligations. Each service provider must also include the marketing
                model name/number(s) and FCC ID number of each hearing aid-compatible
                and non-hearing aid-compatible model currently offered.
                 (2) Service providers must maintain on their website either:
                 (i) A link to a third-party website as designated by the Commission
                or Wireless Telecommunications Bureau with information regarding
                hearing aid-compatible and non-hearing aid-compatible handset models;
                or
                 (ii) A clearly marked list of hearing aid-compatible handset models
                that are no longer offered if the calendar month/year that model was
                last offered is within 24 months of the current calendar month/year and
                was last offered in January 2018 or later along with the information
                listed in paragraph (h)(1) of this section for each hearing aid-
                compatible handset.
                 (3) If the Wireless Telecommunications Bureau determines that the
                third-party website has been eliminated or is not updated in a timely
                manner, it may select another website or require service providers to
                comply with paragraph (h)(2)(ii) of this section.
                 (4) The information on the website must be updated within 30 days
                of any relevant changes, and any website pages containing information
                so updated must indicate the day on which the update occurred.
                 (5) Service providers must maintain internal records including the
                ratings, if applicable, of all hearing aid-compatible and non-hearing
                aid-compatible models no longer offered (if the calendar month/year
                that model was last offered is within 24 months of the current calendar
                month/year and was last offered in January 2018 or later); for models
                no longer offered (if the calendar month/year that model was last
                offered is within 24 months of the current calendar month/year), the
                calendar months and years each hearing aid-compatible and non-hearing
                aid-compatible model was first and last offered; and the marketing
                model name/number(s) and FCC ID number of each hearing aid-compatible
                and non-hearing aid-compatible model no longer offered (if the calendar
                month/year that model was last offered is within 24 months of the
                current calendar month/year and was last offered in January 2018 or
                later).
                 (i) Reporting requirements.--(1) Reporting and certification dates.
                Manufacturers shall submit Form 655 reports on efforts toward
                compliance with the requirements of this section on an annual basis by
                July 31 of each year. Service providers shall submit Form 855
                certifications on their compliance with the requirements of this
                section by January 31 of each year. Information in each report and
                certification must be up-to-date as of the last day of the calendar
                month preceding the due date of each report and certification.
                 (2) Content of manufacturer reports. Reports filed by manufacturers
                must include:
                 (i) Handset models tested, since the most recent report, for
                compliance with the applicable hearing aid compatibility technical
                ratings, if applicable;
                 (ii) Compliant handset models offered to service providers since
                the most
                [[Page 13127]]
                recent report, identifying each model by marketing model name/number(s)
                and FCC ID number;
                 (iii) For each compliant model, the air interface(s) and frequency
                band(s) over which it operates, the hearing aid compatibility ratings
                for each frequency band and air interface under the ANSI standard (if
                applicable), the ANSI standard version used, and the months in which
                the model was available to service providers since the most recent
                report;
                 (iv) Non-compliant models offered to service providers since the
                most recent report, identifying each model by marketing model name/
                number(s) and FCC ID number;
                 (v) For each non-compliant model, the air interface(s) over which
                it operates and the months in which the model was available to service
                providers since the most recent report;
                 (vi) Total numbers of compliant and non-compliant models offered to
                service providers for each air interface as of the time of the report;
                 (vii) Any instance, as of the date of the report or since the most
                recent report, in which multiple compliant or non-compliant devices
                were marketed under separate model name/numbers but constitute a single
                model for purposes of the hearing aid compatibility rules, identifying
                each device by marketing model name/number and FCC ID number;
                 (viii) Status of product labeling;
                 (ix) Outreach efforts; and
                 (x) If the manufacturer maintains a public website, the website
                address of the page(s) containing the information regarding hearing
                aid-compatible handset models required by paragraph (h) of this
                section.
                 (3) Content of service provider certifications. Certifications
                filed by service providers must include:
                 (i) The name of the signing executive and contact information;
                 (ii) The company(ies) covered by the certification;
                 (iii) The FCC Registration Number (FRN);
                 (iv) If the service provider is subject to paragraph (h) of this
                section, the website address of the page(s) containing the required
                information regarding handset models;
                 (v) The percentage of handsets offered that are hearing aid-
                compatible (providers will derive this percentage by determining the
                number of hearing aid-compatible handsets offered across all air
                interfaces during the year divided by the total number of handsets
                offered during the year); and
                 (vi) The following language:
                 I am a knowledgeable executive [of company x] regarding
                compliance with the Federal Communications Commission's wireless
                hearing aid compatibility requirements at a wireless service
                provider covered by those requirements.
                 I certify that the provider was [(in full compliance/not in full
                compliance)] [choose one] at all times during the applicable time
                period with the Commission's wireless hearing aid compatibility
                deployment benchmarks and all other relevant wireless hearing aid
                compatibility requirements.
                 The company represents and warrants, and I certify by this
                declaration under penalty of perjury pursuant to 47 CFR 1.16 that
                the above certification is consistent with 47 CFR 1.17, which
                requires truthful and accurate statements to the Commission. The
                company also acknowledges that false statements and
                misrepresentations to the Commission are punishable under Title 18
                of the U.S. Code and may subject it to enforcement action pursuant
                to Sections 501 and 503 of the Act.
                 (vii) If the company selected that it was not in full compliance,
                an explanation of which wireless hearing aid compatibility requirements
                it was not in compliance with, when the non-compliance began and (if
                applicable) ended with respect to each requirement.
                 (4) Format. The Wireless Telecommunications Bureau is delegated
                authority to approve or prescribe forms, formats, and methods for
                submission of the reports and certifications in addition to or instead
                of those required by this section. Any format that the Bureau may
                approve or prescribe shall be made available on the Bureau's website.
                 (j) Enforcement. Enforcement of this section is hereby delegated to
                those states that adopt this section and provide for enforcement. The
                procedures followed by a state to enforce this section shall provide a
                30-day period after a complaint is filed, during which time state
                personnel shall attempt to resolve a dispute on an informal basis. If a
                state has not adopted or incorporated this section, or failed to act
                within six (6) months from the filing of a complaint with the state
                public utility commission, the Commission will accept such complaints.
                A written notification to the complainant that the state believes
                action is unwarranted is not a failure to act. The procedures set forth
                in part 68, subpart E of this chapter are to be followed.
                 (k) Delegation of rulemaking authority. (1) The Chief of the
                Wireless Telecommunications Bureau and the Chief of the Office of
                Engineering and Technology are delegated authority, by notice-and-
                comment rulemaking, to issue an order amending this section to the
                extent necessary to adopt technical standards for additional frequency
                bands and/or air interfaces upon the establishment of such standards by
                ANSI Accredited Standards Committee C63[supreg], provided that the
                standards do not impose with respect to such frequency bands or air
                interfaces materially greater obligations than those imposed on other
                services subject to this section. Any new obligations on manufacturers
                and Tier I carriers pursuant to paragraphs (c) through (i) of this
                section as a result of such standards shall become effective no less
                than one year after release of the order adopting such standards and
                any new obligations on other service providers shall become effective
                no less than 15 months after the release of such order, except that any
                new obligations on manufacturers and service providers subject to
                paragraph (e)(1)(ii) of this section shall become effective no less
                than two years after the release of such order.
                 (2) The Chief of the Wireless Telecommunications Bureau and the
                Chief of the Office of Engineering and Technology are delegated
                authority, by notice-and-comment rulemaking if required by statute or
                otherwise in the public interest, to issue an order amending this
                section to the extent necessary to approve any version of the technical
                standards for radio frequency interference, inductive coupling, or
                volume control adopted subsequently to the 2007 ANSI standard for use
                in determining whether a wireless handset meets the appropriate rating
                over frequency bands and air interfaces for which technical standards
                have previously been adopted either by the Commission or pursuant to
                paragraph (k)(1) of this section. This delegation is limited to the
                approval of changes to the technical standards that do not raise major
                compliance issues. Further, by such approvals, the Chiefs may only
                permit, and not require, the use of such subsequent versions of the
                technical standards to establish hearing aid compatibility.
                 (l) The standards required in this section are incorporated by
                reference into this section with the approval of the Director of the
                Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
                material is available for inspection at the Federal Communications
                Commission (FCC), 445 12th St. SW, Reference Information Center, Room
                CY-A257, Washington, DC 20554, (202) 418-0270, and is available from
                the source indicated below. It is also available for inspection at the
                National Archives and Records Administration (NARA). For information on
                the availability of this material at NARA, email [email protected]
                or go to http://
                [[Page 13128]]
                www.archives.gov/federal-register/cfr/ibr-locations.html.
                 (1) IEEE Standards Association (IEEE-SA), 445 Hoes Lane,
                Piscataway, NJ 08854-4141, (732) 981-0060, email to [email protected],
                and http://standards.ieee.org/.
                 (i) ANSI C63.19-2007, American National Standard Methods of
                Measurement of Compatibility Between Wireless Communication Devices and
                Hearing Aids, June 8, 2007 (2007 ANSI standard).
                 (ii) ANSI C63.19-2011, American National Standard Methods of
                Measurement of Compatibility Between Wireless Communication Devices and
                Hearing Aids, May 27, 2011 (2011 ANSI standard).
                 (iii) ANSI C63.19-2019, American National Standard Methods of
                Measurement of Compatibility Between Wireless Communication Devices and
                Hearing Aids, August 19, 2019 (2019 ANSI standard).
                 (2) [Reserved]
                PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK
                0
                5. The authority citation for part 68 continues to read as follows:
                 Authority: 47 U.S.C. 154, 303, 610.
                SUBPART D--Conditions for Terminal Equipment Approval
                0
                6. The authority citation for part 68, Subpart D is revised to read as
                follows:
                 Authority: 47 U.S.C. 154, 155, 303, 610.
                0
                7. Amend Sec. 68.300 by revising paragraph (b) to read as follows:
                Sec. 68.300 Labeling requirements.
                * * * * *
                 (b) All registered telephones, including cordless telephones, as
                defined in Sec. 15.3(j) of this chapter, manufactured in the United
                States (other than for export) or imported for use in the United
                States, that are hearing aid compatible, as defined in Sec. 68.316,
                shall have the letters ``HAC'' permanently affixed thereto.
                ``Permanently affixed'' means that the label is etched, engraved,
                stamped, silkscreened, indelibly printed, or otherwise permanently
                marked on a permanently attached part of the equipment or on a
                nameplate of metal, plastic, or other material fastened to the
                equipment by welding, riveting, or a permanent adhesive. The label must
                be designed to last the expected lifetime of the equipment in the
                environment in which the equipment may be operated and must not be
                readily detachable. Telephones used with public mobile services or
                private radio services, and secure telephones, as defined by Sec.
                68.3, are exempt from this requirement.
                [FR Doc. 2020-03149 Filed 3-5-20; 8:45 am]
                 BILLING CODE 6712-01-P
                

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